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