HomeMy WebLinkAboutSouthern Waters Aquatic Management Proposal and Agreement -1998 11 18
PROPOSAL AND AGREEMENT
THIS AGREEMENT, entered into this day of November, 1998, by and
between the City of Winter Sorinas, Florida. (hereinafter referred to as "City"), and
Southern, Waters Aquatic Manaaement (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 said maintenance,
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 Retention Pond Aquatic Weed Control and
Maintenance 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 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 pen~ent
(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 g<?vern 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 that the pond maintenance services provided
hereunder will be fit for the intended purposes and use of the City and
per plan and specifications, The Contractor shall carry general liability
insurance naming City as beneficiary in an amount to be approved by the
City, The contractor shall also carry workers compensation insurance.
7. The Contractor will be solely responsible for and will provide
indemnification for any damages, to the city or other parties(y) resulting
from the Contractor conducting work on City property or other properties
so affected by the Contractors work. The Contractor shall carry general
liability insurance naming the City as a beneficiary in an amount to be
approved by the City. The Contractor shall also carry worker's
compensation insurance.
8, 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 31, 1999
to November 3D, 1999, 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 a new permanent contractor can be hired,
9. This contract shall be in effect for twelve(12) months commencing on
December 1. 1998 and terminating on November 3D, 1999 with the
option to extend for a second and third 12-mont~ 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,
10. The undersigned agrees to commence this project within twenty(20)
calendar days after notice of award of contract anq notice to proceed. ,
11 , The contractor warrants that all work and materials provided
pursuant to this agreement shall be in compliance with all Federal, State,
and Local laws, regulations and rules,
\
12. Contractor shall be an independent contractor and nothing herin shall
be construed as creating an employment agreement,
The undersigned agrees to commence with maintenance activities 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.
,ltf,t"JM.1 'THE CITY OF WINTER SPRINGS, FLORIDA
Title: OLV iI'-t.r
By: ;? ~ cJ.J11,)!.--y
Pri nt: V,.,V\<"-' tel LJ. Kc.. L~w-.o. ~
Title: C. ~+-l ~"'-...c_~,-
.
STATE OF FL~.
COUNTY OF
~ J.c#noL
Not . P . lic
mAR';;' -r= 0AJCIL
Print Na '
My Commission EXPi'W- tJO/):J-
#'6' Mary T Lynch
*~*My Commission CC774136
~..:.' expires September 10, 2002
STATE OF FLORIDA
COUNTY OF _S~ml ~ol-e..
Ii
THE foregoing instrument was acknowledged before ,me this Ii day
of November, 1998, by Ron McClemore, City Manaoer (name and title of
officer) of The City of Winter Sprinos, Florida , on behalf of the City.
~/she is personally known to me or has produced as
identification and did/did not take an oath,
~ ,;A'~~
Notar~IiC .. .
'~Rf..D M~ AgfUo'~'
rint Name ..
#'6"\. MargO M, Pierce
*_*MY Commission CC772117
\;.,:.'l Expires September 1,2002