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HomeMy WebLinkAboutAPAC Florida Proposal Street Resurfacing -2000 04 06 ., Page 11 of29 PROPOSAL AND AGREEMENT THIS AGREEMENT, entered into this 6thday of April , 2000, by and between the City of Winter Sorings. Florida. (hereinafter referred to as "City"), and (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 Contract Documents are attached hereto as Exhibits 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 construction of ASPHALT RESURFACING ON VARIOUS CITY STREETS - BID # ITB 005- OO/AH. Work involving new wearing course of no less than one (1) inch of compacted type 1 or S-3 asphaltic concrete on certain designated city streets will be made under the following Pay Items. 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. A mix design is a required submittal to the City Engineer for approval. If recycled asphalt- concrete is used, it must be less than 30 percent and must be shown on the mix design. 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 anyone 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. - .. '\ .. .' Page 12 of 29 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 STREET RESURFACING provided hereunder will be fit for the intended purposes and use of the City and per plan and specifications. 7. The contract may be cancelled in whole or part by the City or the Contractor, upon giving at least (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. 8. The undersigned agrees to start construction of this project within twenty (30) calendar days after notice of award of contract and notice to proceed. Acceptance of this proposal, as indicated by the Owner's signature below shall constitute a working agreement between the Owner and the contractor for the construction of the proposed scope of work. The Owner reserves the right to reject any or all bids on the project. Prior to executing this bid, the bidder is to verify and concur with the field measurements of the streets to be resurfaced. The bidder understands that the quantities in this Proposal are approximate only and subject to increase or decrease, and should they be increased or decreased, he will perform the work at the unit prices bid herein. IN WITNESS WHEREOF, the parties hereto have executed this Proposal and Agreement as of the day and year first above written. CONTRACTOR: ~~Cr f7L.O~) ::r ~ ,-. (Q~ ~'-~\9 W\~~~ae By: ')1t,- "'_ P ri n t: /'A.t..o;a..v- Sa. ~~~CC:. Title: \j l<:e.. ~S.l~1-t'T' OWNER: THE CITY OF WINTER SPRINGS 1126 East State Road 434 Winter Springs, Florida 32708 By: If ~ t:../. -1u,:-,J) ,--=> , , Print: Ronald W. McLemore Title: City Manager