855-TruGreen-Towne Ctr. MallLANDSCAPE MAINqt~ANCE CONTRACT
FOR
RIGHT OF WAYS - TOWNE CENTER MALL AREA
THIS CONTRACT, made and entered into this/~./"" day of A/o d. 2000, by and between
the CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter called "City" and TinGreen
LandCare Grotmd Control Professional Landscape Contracting hereinafter called "Contractor".
WI TNE S S E TH:
WHEREAS, the City Commission ofthe City of Sanford, Florida has acceded the bid of Contractor
to provide maintenance service on the Right of Ways to Towne Center Mall Area hereinafter descntnt and
WHEREAS, it is the desire of the parties to enter into a contract setting forth the duties and
respons~ities ofthe parties relative to the maintenance ofthe Right of Ways to Towne Center Mall Area.
NOW THEREFORE, in consideration ofthe sums of money bereinatter set forth and other good and
valuable considerations and the mutudl 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 instalhn~ts of $1,967.92. Said installments to be payable at last
date of each momh be~ing October 1, 2000 and ending September 30,
2001.
Contractor agrees to provide landscape maintenance service to the Right of
Ways to Towne Cemer 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' wi.'de grass strip along north side between sidewalk and curb (from
Rinehart Rd. to east entrance to Gateway Plaza).
Towne
a.
b.
Center Blvd. -
center medians
grass strip on west side between sidewalk and
curb from Rinehart Road to South Mall
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
consist of the following unless otherwise indicated: weekly mowing of all turf
areas; weedeating and edging; pick-up and removal of all trash and re~tse;
pruning, 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
areas in a safe, attractive condition. All work shall be done in accor~
with acceptable horticultural practices.
Contractor shall provide all necessary labor, materials, tools and equipment
needed to complete this project. The Contractor at his expense shall furnish
no less than four (4) skilled employees per week to complete the required
Contractor shall supervise and direct the work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may
be necessary to perform the work in accordance with the contract documents.
Contractor shall keep a corr~ztent supervisor on the jobsite at all times.
Supervisor shall be approved by the City, and serve as the Contractor's
representative.
Contractor shall secure any and all permits and licenses necessary for the
performance of this project. Prior to commencing work copies of these
permits and licenses must be furnished to the City of Sanford along with
proof of Liab'~ity and Worker's Compensation Insurance coverage.
Contractor shall be respons~le for and use utmost care in protecting City
property. Contractor shall be solely responsBle for rectifying any and all
damages including any work deemed as not acceptable by the City at no cost
to the City.
It shall be the Contractor's respons~ity to respond to all emergency calls
regardless of time or day. Contractor shah furnish 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 incurred.
At the end of each work day, the Contractor shall remove all debris and
unsuitable or surplus materials from the work site, including sidewalk and
paving. Area must be left in a clean, safe and acceptable manner. Under no
circumstances are open, unprotected holes permitted.
10.
Any vandalism damage, (including that caused by out of control vehicles),
done to the irrigation system, landscaping, and other City property shall he
reported to the City's representative immediately. 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.
11.
After obtaining written approval from the City, ConUactor may hire qualified
subcontractors when required to perform specialized functions or work
requiring specialized equipment. All subcontractors must meet and satisfy the
same gm'delines/requirements as the Contractor. Furthermore, whenever
Contractor hires a subcontractor he must submit a release of lien with his next
monthly invoice.
12.
Additional work outside the requirements of this contract, such as plant
replacement, turf renovation, turf aerification, supplemental fertilizer
applications, cleanup of major storm damage, vandalism, or due to a vehicu!_ar
accident, or mulching may be required from time to time. This extra work
may be performed by the Conlractor, another Contractor, or City staff at the
discretion of the City. All extra work done by the Contractor shall be based
on a unit cost that is mutually agreed upon between the City and the
Contractor prior to commencing said work. No extra work or changes are
to be made in the work as specified without a written work order from
the City.
13.
The City shall inspect the work area to insure adequacy of maintenance and
that methods of performing the work are in compliance with the contract.
However, this shall not be construed to relieve the Contractor of the duty to
provide continuous impection of the work area, and any discrepancies and
deficiencies in the work shall be corrected by the Contractor immediately.
The C~ty's representative shall also meet with the Contractor'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 temimtion, a final condition survey shall be made by
the City's representative. The Contractor shall be 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 accompany the City's
represen~ve on this survey. This inspection shall establish a punch list of
plantings and materials that must be 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 nmpower 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 Contractor's obligations
under his section shall survive the expiration, or earlier termination, of this
agreement.
15.
The terms and provisions of the contract all be governed by the laws of the
State of Florkk No agreement of representation unless incorporated in this
contract shall be binding upon the parties. In connection with any litigation
arising out of this contract the prevailing party shall be entRled to costs
including reasonable attorney's fees.
16.
17.
The term of the contract is from October 1, 2000 through September 30,
2001. 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 canceI 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
be extended for a period not exceeding twelve (12) 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
FOR ~ CITY
Tony VanDerworp
City of Sanford
P.O. Box 1788
Sanford, Florida 32773-1788
FOR THE CONTRACTOR
TinGreen LandCare
910 Charles Street
Longwood, FL 32750
Ground Control Landscaping
219 N. Forsyth Road
Orlando, F1 32807
WITNESS WHEREOF, the parties hemto have caused this contract to be executed on the day and year first
above written.
Attest:
City Clerk
CITY OF SANFO F DA
TC n./Y Y0
BY: '
_ ity r
Witness:
Branch Adminls~rator
BY:
Dennis Smith
Branch Manager