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777-Ground Control Professional LANDSCAPE MAINTENANCE CONTRACT FOR RIGHT OF WAYS - TOWNE CENTER MAI .1o AREA THIS CONTRACT, made and entered into this/~7'day of (~C]'~/')eF 1999, by and between the CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter called "City" and Ground Control Professional Landscape Contracting hereinafter called "Contractor". WITNESSETH: WHEREAS, the City Coninission of the City of Sanford, Horida has accepted the bid of Contractor to provide maintenance service on the Right of Ways to Towne Center Mall Area hereinaRer described and WHEREAS, it is the desire of the parties to enter into a contract setting forth the duties and responsa~ilities of the parties relative to the maintenance of the Right of Ways to Towne Center Mall NOW THEREFORE, in consideration of the sums of money herehnaf[er set forth and other good and valuable comiderations and the mutual benefits to be derived therefrom the parties hereto agree to as follows: The City shall pay unto the Contractor the annual sum of $23,615.00 payable in monthly installments of $1,967.92. Said installments to be payable at last date of each month beginning October 1, 1999 and ending Septemlx~ 30, 2000. Contractor agrees to provide landscape maintenance service to the Right of Ways to Towne Center Mall, which includes: St. Johns Parkway - a. center medians b. 12.5' wide grass strip on south side, south of curb from Rinehart Road to Towne Center Boulevard. c. 5.5' wide grass strip along north side between sidewalk and curb (from Rinehart Rd. to east enUance to Gateway Plaza). TowRe ~. b. Center Blvd. - center medians grass strip on west side between sidewalk and curb from Rinehart Road to South Mall em. grass strip on east side between sidewalk and curb from Rinehart Rd. to St. Johns Parkway medians on S.R. 46 between Towne Center Blvd. and Elder Rd., across from Seminole Crossings. The parties specifically agree that the term maintenance is defined as and shall comist of the following unless otherwise indicated: weekly mowing of all turf areas; weedeating and edging; pick-up and removal of all trash and refuse; priming, shaping, and training of trees, shrubs, and ground covers; mulching; pest control; fertilization; inspection, adjustment and minor repairs of irrigation system; and any other maintenance required to keep designated axeas in a safe, attractive condition. All work shall be done-in accordance with acceptable horticultural practices. 10. 11. 12. 13. Contractor shall provide all necessary labor, materials, tools and equipmere needed to complete th[~ project. The Contractor at his expense shall furnish no less than four (4) skilled employees per week to complete the required tasks. Contmaor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such sldlls and expertise as may be necessary to perform the work in accordance with the contract documents. Contractor shall keep a eorapetent supervisor on the jobsite at all times. Supervisor shall be approved by the City, and serve as the Contractor's representative. Contractor shall seem any and all permits and licenses necessary for the performance of this project. Prior to coiranencing work copies of these permits and licenses must be furnished to the City of Sanford along with proof of Liability and Worker's Compensation Insurance coverage. Contractor shall he responsible for and use utmost care in protecting City property. Contractor shall be solely responsible for rectifying any and all damages including any work deemed as not acceptable by the City at no cost to the Cry. It shall be the Contraetor's responsibility to respond to all emergency calls regardless of time or day. Coxtractor shall fumish the telephone numbers for at least two (2) representatives to the City's representative, and shall inform the City's representative any time there is a change. Emergency repairs, when necessary, may be made by the City without relieving the Contractor of his obligation to perform under this contract. Contractor shall reimburse the City for all expenses incnarred. At the end ofeaeh work day, the Contractor shall remove all debris and unsuitable or surplus materials tiom the work site, including sidewalk and paving. Area must be lef[ in a clean, safe and acceptable manner. Under no circumstances are open, unprotected holes permitted. Any vandalism damage, (including that caused by out of control vehicles), done to the irrigation system, landscaping, and other City property shall be reported to the City's representative hnmediately. All damages caused by vandalism shall be repaired and replaced at City cost. City may elect to repair with City forces or contract with Contractor on time and material basis. ARer obtaining written approval from the City, Contractor may hire qualified subcontractors when required to perform specialized functions or work requiring spec~ equipment. All subcontractors must meet and satisfy the same guidelines/requirements as the Contractor. Furthermore, whenever Contractor hires a subcontractor. he must submit a release of lien with his next monthly invoice. Additional work outside.the requirements of this coreract, such as plant replacement, turf renovation, turf aeritication, supplemental fertilizer applications, cleanup of major storm damage, vandalism, or due to a vehicular accident, or muiching may be required ~x~m time to time. This extra work may he performed by the Contractor, another Contractor, or City staff at the discretion of the City. All extra work done by the Contractor shall he based on a unit cost that is mutually agreed upon between the City and the Contractor prior to commencing said worlc No extra work or changes are to be made in the work as specified without a written work order from the City. The City shall inspect the work area to insure adeq,L_a~j of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not he construed to relieve the Contractor of the duty to provide continuous inspection of the work area, and any discrepancies and deficiencies in the work shall he corrected by the Contractor immediately. The City's representative shall also meet with the Contraetor's representative the first Wednesday of each month to review the performance of the Contractor for the preceding month. 14. During the thirty (30) day period preceding the expiration of the term of this agreement, or in the event of an earlier termination, within the thirty (30) day period following such termination, a final condition survey shall be made by the City's representative. The Contractor shall he given at least five (5) days prior written notice of the date and time of this inspection and a representative of the Contractor shall have the right to accotr~any the City's representative on this survey. This inspection shall establish a punch list of planrings and matefiats that must he replaced at the sole cost and expense of the Contractor. The City's representative shall determine a dollar value of the plantings and materials including the time and nmn~wer needed by the City to perform these replacements. The City shall withhold this dollar value from any amounts owed to the Contractor and shall promptly pay to the Contractor the excess of the amount withheld by the City. If the dollar value exceeds the amount owed, the Contmctor's obligations under this section shall survive the expiration, or earlier termination, of this agreement. 15. The terms and provisions of the contract all he governed by the laws of the State of Florida. No agreement of representation unless incorporated in this contract shall he binding upon the parties. In connection with any litigation arising out of this contract the prevailing party shall be entitled to costs including reasonable attorney's fees. 16. 17. The term of the contract is from October 1, 1999 through September 30, 2000. City shall have the right to terminate and cancel this contract in the event the City finds that the quality of the maintenance is not satisfactory to the City. City shall further have the right to terminate and cancel this contract in the event of any other breaches of the terms and provisions of the contract, and in such event Contractor shall be given thirty (30) days notice in writing. In the event of satisfactory performance by the Contractor, the contract may he extended for a period not exceeding twenty four (24) additional months. Any notices required or permitted hereunder shall be in writing and shall be deemed properly made when deposited in the United States mail, postage paid, and addressed as set forth herein, or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: FOR THE CITY Tony VanDerworp City of Sanford P.O. Box 1788 Sanford, Florida 32773-1788 FOR THE CONII~CTOR Ground Control Landscaping 219 N. Forsyth Road Orlando, F1 32807 WITNESS WHEREOF, the parties hereto have caused this contract to he executed on the day and year first above writterk Attest: anet R. Dougherty City Clerk CITY OF SANF , B Y: jo~~ City Manager Ground Control Landscaping