Commercial Walgreens Properties Maintenance

Discussion in 'Bidding, Estimating and Pricing' started by OneManLandscaping, Mar 21, 2019.

  1. Mark Stark

    Mark Stark LawnSite Senior Member
    Messages: 756

    I'd suggest avoiding it. They pay will be low. The management company will likely treat you poorly.

    If you're going to do commercial work like that, I think you should be compensated well.

    There's a higher likelihood of damaging something at a Walgreens than at a typical residential property. By that I mean, more cars, pedestrians, etc. Damage one car or hit one pedestrian with a stone and there goes a season or more of your profit.

    If you proceed, do so with extreme caution!
     
  2. JFGLN

    JFGLN LawnSite Bronze Member
    Messages: 1,540

    I take care of a small strip mall that is adjacent to a Walgreens. My property manger paid me extra to do some maintenance on the Walgreen's side.
     
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  3. Mark Stark

    Mark Stark LawnSite Senior Member
    Messages: 756

    That's hilarious!
     
  4. windflower

    windflower LawnSite Bronze Member
    Messages: 1,330

    "Then they make you sign a contract that screws you..."
    You mean one like this?

    CONTRACT TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor has read and understands this Contract, and agrees that Vendor’s written acceptance or commencement of any work or service under this Contract shall constitute Vendor’s acceptance of these terms and conditions. 2. PERFORMANCE: Vendor hereby agrees to provide all products, goods and services necessary to perform the requirements of this Contract and to execute its responsibilities hereunder by following and applying at all times the highest professional and technical guidelines and standards. Vendor shall not interfere with the operations of tenants in the Building in Vendor’s performance of this Contract. Owners reserve the right at any time to direct changes, or cause Vendor to make changes in the goods and services or to otherwise change the scope of the work covered by this Contract, and Vendor agrees to promptly make such changes. Any difference in price or time for performance resulting from such changes shall be equitably adjusted by Owners after receipt of documentation in such form and detail as Owners may require. 3. WARRANTY: Vendor expressly warrants that all goods and services covered by this Contract will conform to the specifications, drawings, samples, instructions, directions or descriptions furnished to or by Owners, and will be performed in a timely manner, in a good and workmanlike manner and free from defect. In addition, Vendor acknowledges that Vendor knows of Owners’ intended use and expressly warrants that all goods and services covered by this Contract which have been selected, provided or performed by Vendor, based upon Owners’ stated use, will be fit and sufficient for the particular purposes intended by Owners. 4. TIME OF PERFORMANCE: This Contract shall become effective upon execution or commencement of performance hereunder, and both parties shall perform their obligations during the term of this Contract. Time is of the essence of this Contract. 5. PRICE TERMS: All of the prices, terms and warranties granted by the Vendor herein are at least as favorable to Owners as those offered by Vendor to other customers purchasing similar goods and services under the same material terms and conditions. Vendor agrees that it will pass on to Owners any discounts or savings for prompt payments or rebates for quantity purchasing Vendor receives. 6. DISCLOSURE, WARNINGS AND INSTRUCTIONS: If requested by Owners, Vendor shall promptly furnish to Owners, in such form and detail as Owners may direct, a list of all ingredients or components in the goods purchased hereunder or used in connection with the services provided hereunder, including the quality or concentration thereof and any other information relating thereto. Prior to and with the delivery of the goods or services purchased hereunder, Vendor agrees to furnish to Owners sufficient warning and notice in writing (including appropriate labels on goods, containers and packing) of any hazardous material which is an ingredient or a part of any of the goods or services provided, together with such special handling instructions as may be necessary to advise Owners and its respective employees and tenants of how to exercise that measure of care and precaution which will best prevent bodily injury or property damage in respect of such goods. Vendor shall maintain at the job site all Material Safety Data Sheets (MSDS) for all products used on the job site. Such MSDS sheets shall be available for inspection upon request. 7. LIENS: Vendor shall not cause or permit the filing of any lien on the Building or any of Owners’ properties. In the event any such lien is filed and Vendor fails to remove such lien of record within thirty (30) days after the filing thereof, by payment or bonding, Owners shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. Vendor shall indemnify and hold Page 3 of 9 harmless Owners from and against any and all liability, loss, claims, costs and expenses, including attorneys’ fees, incurred by Owners in connection with any such lien. 8. INDEMNITY: Vendor shall indemnify and hold harmless Owners and their agents, directors, officers, shareholders, partners, members, employees and invitees, from all claims, losses, costs, damages, or expenses (including reasonable attorneys’ fees), including, but not limited to, any injury to, including death of, any person or damage to any property, arising wholly or in part out of Vendor’s breach of this Contract or any action, omission, or neglect of Vendor or its directors, officers, shareholders, members, partners, employees, agents, invitees, or guests, or any parties contracting with such party relating to this Contract. If Owners shall without fault on their part, be made a party to any action commenced by or against Vendor, Vendor shall protect and hold Owners harmless and shall pay all costs, expenses, including reasonable attorneys’ fees in connection therewith. Vendor’s obligations under this Section 8 shall not be limited by the amount or types of insurance maintained or required to be maintained by Vendor under this Contract. The obligations under this Section 8 shall survive the expiration or earlier termination of this Contract. 9. LIMITATION OF OWNER’S LIABILITY: Vendor agrees that Vendor shall look solely to Owners’ interests in and to the Building, subject to prior rights of any mortgagee or ground lessor of the Building, for collection of any judgment (or other judicial process) requiring payment of money by Owners in the event of default or breach by Owners of any of the covenants, terms or conditions of this Contract to be observed or performed by Owners, and that no other assets of Owners shall be subject to levy, execution or other process for satisfaction of Vendor’s remedies. Vendor hereby agrees that no personal or corporate liability of any kind or character whatsoever shall attach at any time for payment or performance of any of Owners’ obligations hereunder. In no event shall Owners or its directors, officers, shareholders, partners, members, employees, or agents be liable in any manner for incidental, consequential or punitive damages, loss of profits, business interruption or acts of Owners’ tenants. Vendor agrees that Owners shall have no liability for any damage to or loss of Vendor’s property, and Vendor understands that it is Vendor’s obligation to insure its property. The waivers in this Section 9 shall survive the expiration or earlier termination of this Contract.
     
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  5. windflower

    windflower LawnSite Bronze Member
    Messages: 1,330

    and it continues...
    10. INSURANCE: At all times during the term of this Contract, Vendor will carry and maintain, at its expense and with insurance companies reasonably acceptable to Owners, insurance as specified in Exhibit “B” attached hereto. 11. SETOFF: In addition to any right of setoff provided by law, all amounts due Vendor shall be considered net of indebtedness of Vendor to Owners; and Owners may deduct any amounts due or to become due from Vendor to Owners and its subsidiaries from any sums due or to become due from Owners to Vendor. 12. ADVERTISING: Vendor shall not, without first obtaining the express written consent of Owners, in any manner advertise or publish the fact that Vendor has contracted to furnish Owners the goods or services herein contracted for, or use any trademarks or trade names of Owners in Vendor’s advertising or promotional materials. In the event of Vendor’s breach of this provision, Owners shall have the right to terminate the undelivered portion of any goods or services covered by this Contract and shall not be required to make further payments except for conforming goods delivered or services rendered prior to termination. 13. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which may be applicable to Vendor’s performance of its obligations under this Contract, and all provisions required Page 4 of 9 thereby to be included herein, are hereby incorporated by reference. Vendor agrees to indemnify and hold harmless the Owners from any loss, damage or liability resulting from any such violation by Vendor of such laws, rules, regulations, codes or ordinances. 14. NO IMPLIED WAIVER: The failure of either party at any time to require performance by the other party of any provision of this Contract shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Contract constitute a waiver of any succeeding breach of the same or any other provision. 15. ASSIGNMENT: Vendor shall not assign or pledge this Contract whether as collateral for a loan or otherwise and shall not delegate its obligations under this Contract or employ subcontractors to perform any portion of this Contract without Owners’ express written consent, which may be withheld at Owners’ sole discretion. Owners may assign this Contract and Owner’s obligations hereunder to any successor owner of the Building. 16. RENEWAL: This Contract shall automatically renew for successive one (1) year periods unless either party shall give the other thirty (30) days written notice of its intent to terminate. 17. RELATIONSHIP OF PARTIES: Vendor and Owners are independent contracting parties and not employees, partners, joint venturers or associates of one another, and nothing in this Contract shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Vendor shall pay all wages and appropriate expenses of its employees, including, without limitation, all federal, state and local taxes, social security taxes and other employment or personnel taxes or assessments. 18. GOVERNING LAW: This Contract is to be construed in accordance with and governed by the laws of the state in which the Building is located. 19. SEVERABILITY: If any term of this Contract is invalid or unenforceable, such term shall be deemed reformed or deleted, but only to the extent necessary to be valid or enforceable, and the remaining provisions of this Contract shall remain in full force and effect. 20. NOTICE: Any notice provided for in this Contract will be sufficient if given by hand delivery, certified mail return receipt requested or recognized overnight delivery service to the party to be notified at the address specified in the Contract. 21. TERMINATION: Notwithstanding anything to the contrary contained in this Contract, Owners may, upon notice to Vendor, immediately terminate this Contract in the event of default by Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for conforming goods delivered as of the date of termination and compensation for services which has accrued pro rata as of the date of termination, after deduction of all of Owners’ costs and expenses, including, without limitation, attorneys’ fees, incurred in connection with such default. In addition, Owners may terminate this Contract at any time without cause upon seven (7) days’ prior written notice to Vendor. Owners may also terminate this Contract without prior notice upon the sale of the Building by Owners. Vendor shall be entitled to terminate this Contract upon seven (7) days’ prior written notice in the event of default by Owner
     
  6. windflower

    windflower LawnSite Bronze Member
    Messages: 1,330

    Too much deleting needed in the exhibits, but they were even better.
     
  7. BigJlittleC

    BigJlittleC LawnSite Fanatic
    from Chicago
    Messages: 6,434

    I remember getting sent a contract like that once. I put big Xs over most of it and sent it back unsigned. Told them to fix and edit out what I crossed out. Never heard back from em.
     
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  8. zlandman

    zlandman LawnSite Senior Member
    from Ohio
    Messages: 604

    My buddy did this once. They had a guy go around and check up on them regularly.

    Buddy was always getting calls like "there's a weed in this bed" buddy would say ok we'll get it next week. Response " no come back now and get it" well, you're right there why don't you pull it? "No way, you come do it"

    Same deal with litter, even stuff that showed up after they left. Totally unreasonable, screw Walgreens and all those remotely managed companies.
     
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  9. OP
    OP
    OneManLandscaping

    OneManLandscaping LawnSite Member
    Messages: 19

    Hey guys thanks for all the candid responses. I was leaning towards not bidding this job, but now am pretty sure will not be going down this road. Seems like way too much hassle for little reward. Not what my company parameters are built off of!
     
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  10. JCLawn and more

    JCLawn and more LawnSite Fanatic
    from MI
    Messages: 5,428

    Is this for USM or Ferrandino & Son? I have worked with USM for about 8 years and Ferrandino and Son for 3. Tell me which one and I'll tell you my experience.
     
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