908-Towne Ctr Landscape Maint FOR
RIGHTS OF WAY - TOWNE CENTER MA~ J. AREA
ANDA
PORTION OF SEMINOLE CROSSINGS
between the CITY OF SANFORD, FLORIDA, a munidtnl corporalion, hereinafter called "City" md
Bon Terre Group, Inc. Contracting hereinafter called "Contractor".
WITNESSETH:
WHEREAS, the City Commission of the City of Sanford, Florida has accepted the bid of
Contractor to provide maintenance service on the Rights of Way to Towne Center Mall and a portion of
Seminole Crossings hereina~r described and
WHEREAS, it is the desire of the parties to enter into a contract setting forth the duties and
responsibilities of the parties rehtive to the mnlnre!l~tce of the Rights of Way' to Towne Center Mall and
a portion of Seminole Crossings Xrem
NOW THEREFORE, in consideration of the sums of money hereinafrer set forth and other
good and valuable considerations and the mutual benefits to be derived therefrom the parties hereto
agree to as follows:
1. The City shall pay unto the Contractor the annual sum of $27,900.00 payable in monthly
installments of $3.100.00. Said installments to be payable at last date of each month
beginning January 1, 2002 and ending September 30, 2002.
2. Contractor agrees to provide landscape m~intenance service to the Right of Ways to
Towne Center Mall, which includes:
St Johns Parkway - Sections D & E (between Towne Ccmter Blv& &
Rinehart Rd.)
center meclinns
b. 12.5' wide grass strip on south side, south of curb from Rinehart
Road to Towne Center Boulevard.
5.5' wide grass strip along north side betwee~ sidewalk and curb
(from Rinehart Rd. to east entrance to Gateway P]aza),
B.Towne Center BlvcL ~ Sections A. B, F. G. & H
a. center mecli~ns
b. grass strip on west side between sidewalk and curb from
Rinehart Road to South Mall entrance.
c. grass strip on east side between sidewalk and curb from Rinehazt
Rd. to St. Johns Parkway
medians on S.IL 46 between Towne Center Btv& and EIder Rd.,
across from Seminole Crossings.
C. Seminole Crossings - I & J
medians on S.tL 46 betweam Towne Center Blvd. and EIder
Road.
The parties specifically agree that the term m~intenance is defined as and shall consist of
the following unless otherwise indicate& wee]fly mowing of all turf areas; weedeating and
ed~.g; pick-up and removal of all trash and refuse; prnning, sl:mpip, g, and tt~ining of
trees, shrubs, and ground covers; mulching; pest control; fertiza~on; inspection,
adjustment and minor repairs of ir~o~on system; and any other m~intenance required
to keep designated areas in a safe, attractive condition. All work shall be done in
accordance with acceptable horticultural practices.
3. Contractor sh~ll Provide all necessary hbor, matechl~, took and equipment needed to
complete this project. The Contractor at his expense shall fi,rni~h no less than four (4)
skilled employees pet week to compete the required tasks.
4. 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 accorchnce with the contract documents. Contractor shall keep a competent
supervisor on the jobsite at all rime~. Supenrisor shall be approved by the City, and serve
as the Contractor' s rept~sentativ~
5. Contractor shall secure any and all pertnits and licenses necessat3r for the perfomaance of
this project Prior to commencing work copies of these permits and licenses must be
fl,rniahed to the City of Sanfold along with proof of Liabiity and Wotkex's
Compensation Insuzmee coverage.
6. Contractor shall be ~esponsjble for and use utmost care in protecting City property.
Conttaetor shall be solely responsible for ~-tifying any and all chinages including any
work deemed as not acceptable by the City at no cost to the City.
7. It shall be the Contractor's responsjbi~ty to respond to all emerge~cy ~ll~ regardless of
time or day. Contractor shall furnish the telephone numbers for at least two (2)
representatives to the Cit)/s representative, and shall inform the CAty's representative my
time there is a change.
8. Emet~/cy 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 incutrecL
9. At the end of each workday, the Contractor shall remove all debris and unsuitable or
surplus ~teria]~ from the work sit% including sidevel~k and paving. Area must be left in
a clean, safe and acceptable mamaer. Under no circtmastancea ate ope~, unprotected
holes permittecL
10, Any vandalism damage, Cmduding that caused by out of control vehicles), done to the
irrigation system, ]andacaping; and other City property sh~ll be repotred to the CAty's
representative hnrnediately. All damages caused by vafldalism shall be repaired and
replaced at City cost City may fleet to repair with City forces or contract with
Contractor on time and mateml basis.
After obtaining written approval from the City, Contractor may hire qualified
subeontrsetors when required to pertolin specialized functions or work
specialized equipment All subcontractors must meet and satisfy the same guidelines/
requirements as the Contractor. Furtheamaore, whenever Contractor hires a
subcontractor he must submit a release of lien with his next monthly invoice.
12. Additional work outside the m!Bairements of this contract, such as plant ~ephcement,
turf renovation, tuff aetiflcation, supplemental ferrili~ex applications, cleanup of major
storm damage, vandalism, or clue to a vehicubx accident, or mulchlag may be required
fzom time to time. This extra work may be performed by the Contractor, another
Conttaetor, 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 mutuaiy agreed upon betWeefl the City
md the Contractor prior to commencklg said work. No extra work or changes ate to
be made in the work as specified without a writte~ work otxler from the City.
13. The City shall inspect the work area to insure adequacy of -,~i-,tenance 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 con 'tmuous
inspection of the work ~ and any discrepancies and deficiencies in the work shall be
corrected by the Contractor immediately. The City's representative shall also meet with
the Contractor's ~-epresentathre the first Wednesday of each month to revi.¢w the
perfottnnnce of the Contractor for the p~eceding month.
14, I~,~-g the thi~ (30) day period Preceding the expiration of the tema of th;~ 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 CAty'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 fight to accompany
the City~s representative on this survey. This inspection shall establish a punch list of
phntings and matethis that must be replaced at the sole cost and expegse of the
Contractor. The Ci~s representalive shall determine a dollar value of the phntings and
materials including the time and n~npower needed by the City to perfoma these
rephcements. The City sh~ll withhold this dollar valne 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 this section shall survive the expiration, or earlier te/xnin~tion, of this agreement
15. The teeing and provisions of the contract are governed by the hws of the State of
Florich. No agreement of representation unless incorporated in this contract sh~ll be
binding upon the parties. In connection with any litigation ~ri~ing out of this contract the
prevailiog party shall be entitled to costs including reasonable attorney' s fees.
16. The term ofthe contract is fromJanuaty l, 2002 darough September 30, 2002. City shall
have the right to termi~te and caned this contract in the event the City finds ttmt the
~lity 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 Conwactor, the
contract may be extended for a period not exceeding twenty-four (24) additional
months.
17. Any notices requited or permitted hereunder shall be in writing and sh~ll be deemed
properly made when deposited in the United States m~l. postage paid, and addressed ~s
set forth herein, or at such other address as sh~n have been specified by written notice to
the other party delivered in accordance herewitk
FOR THE CITY Tony V~nr)envorp
City of Sanford
P.O. Box 1788
Sanford, Florida 32773-1788
FOR THE CONTRACTOR Bon Terre Group, Inc.
325 Walker Street, Suite B
Holly Hill, FL32117
WITNESS WHEREOF, the patties hereto have caused this conuact to be executed on the day and year
first above w'xitten.
Atte~c ~7 7~ ORIDA
City Clerk City Mang~
Wimess: BON GROUP '~
Mitell