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HomeMy WebLinkAboutGator Landscaping Company Proposal and Agreement -1996 11 04.. . Attachment No. 1 PROPOSAL AND AGREEMENT THIS AGREEMENT, entered into this ~~lay of ~IG.u~G/, 1996, by and between the City of Winter S2ringg. Florida, (hereinafter referred to as "City"), and Gator Landsca~g Com anv (hereinafter referred to as "Contractor"), provides as follows: WHEREAS, City is desirous of having certain City property maintained; and WHEREAS, Contractor is desirous of performing the maintenance of the properties, NOW, THEREFORE, for and in consideration of the mutual promises hereinafter made, the parties agree as follows: 1. All Bid Documents are attached hereto as Exhibit "A" and incorporated herein by reference. 2. All work done under the Contract Documents, including the furnishing of all labor, equipment and materials and the performing of all operations in connection with the LANDSCAPE MAINTENANCE SERVICES will be made as outlined in the Pay Items of the Bid Documents. Other work for which there is not a pay item will be considered included in the contract Unit Price for the various pay items and no additional compensation will be allowed. 3. The City reserves the right to alter the Plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the Pay Items. Such changes shall not be considered as a waiver of any conditions of the Contract nor to invalidate any of the provisions thereof. A supplemental agreement between the Contractor and the City will be required when such changes involve a net increase or decrease in the total amount of the original contract of more than twenty-five percent (25%). Should such changes result in changes in the quantities of the work to be performed, the Contractor will accept payment according to Contract Unit Prices for such items of work as appear in the original contract. 4. The work will be done in compliance with the Contract Documents and paid for under the Pay Items herein listed. Quantities shown on the Plans shall govern over those shown herein. The Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Public Works Director shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. 5. The undersigned agrees that his Bid as stipulated herein shall be valid for a period of thirty (30) days from that date of this Bid opening. The proposal guaranty of the three lowest bidders shall be held for that period or until an award of the contract is made. 6. The Contractor warrants the landscape services provided hereunder will be fit for the intended purposes and use of the City and per plan and specifications. 7. The successful bidder, upon award of contract, shall be required to submit a Cashier's Check made payable to the City of Winter Springs in the amount of one full month service for the period of October 1 to April 30. The cashiers check will be held by the City for the entire contract period as a deposit to assure that successful vendor will perform as required in these bid specifications. Should the successful bidder fail to perform in accordance with the bid requirements and the City finds the contractor in default of the contract, the deposit will be retained by the City. The deposit will be used to assure continuation of service, in house or by hiring another temporary contractor, until new permanent contractor can be hired. 8. This contract shall be in effect for twelve (12) months commencing on December 1 1996 and termination on November 30. 1997 with the option to extend for a second and third 12-month period, not to exceed thirty-six (36) months total. The contract may be canceled in whole or in part by the City or the Contractor, upon giving at least thirty (30) days written notice prior to cancellation; EXCEPT that non-performance on the part of the Contractor will be grounds for termination. Termination will take place within five (5) days of notification. 9. The undersigned agrees to commence this project within twenty (20) calendar days after notice of award of contract and notice to proceed. IN WITNESS WHEREOF, the parties hereto have executed this Proposal and Agreement as of the day and year first above written. CONTRACTOR: Gator Lands~a~g Com anv THE CITY OF WINTER SPRINGS, F~C~R1~0.4 w BO - By. gy; - Print: Scott L. Annan Print: Ronald W. McLemore ` Title: president Title: City Manager - ~~~rcuec~ ~s ~ ~.,,,~, a~c4 lec~~,l~ ~ ~1 ~%;~ St~~'-~ ~ ~~~c~ STATE OF FLORIDA COUNTY OF Seminole THE foregoing instrument was acknowledge before me this 4th day ofNovember 1996, by Scott L. Annan - President (name and title of officer) of Gator Landscaping Company (name of corporation), a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did/did not take an oath. ~ ', .,; ~~ ~ Cep otary Public ~~ ~~i~J~ ~ ~~- ~ ~~ ~~~~~ Print Name My Commission Expires: ~~ ~ a My Comm Exp. 3/i8/'g7 Nt9TARY Pljslic <, Qonded ~By ServtCe'!ns A~. /U~ No. CC26$543' aF ~~~~ ~Pcrsonnily Krgtn, ~) olt~r k D. STATE OF FLORIDA COUNTY OF ~_ ~~~ THE foregoing instrument was acknowledged before me this ~ day of ~/~~96, by ~arti w • f~ ~(.,emo-r2..~ (name and title of officer of r' , on behalf of the City. He/she is personally kno to me has produced as i entification an did/did not take an oath. Notary Public Y~("1,o~.,r~-Inoue f~ . 5e.r~ 1e.,1~,5 Print Name 1~~~ -~~ MARTHA R JENKIN3 ~~o My Cprrwnls~ion CC460898 E~ires May. O8, 1999 Boridsd by ANB ~~ OF i~~!`o 800-BB2-6878