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HomeMy WebLinkAboutC-1716M `E City of Arcadia Public Works Services Department Pat .Malloy Public Works Services Director 11800 Goldring Road Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 256 -6554 (626) 359 -7028 Fax cl k1 I, AMENDMENT NO. 6 TO AGREEMENT FOR LANDSCAPE MAINTENANCE BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 6 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., a California Corporation with respect to that certain Agreement between the parties dated December 13, 2000 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including November 30, 2007. 2. Extension reflects a 4.0% Cost of Living Adjustment (COLA). 2. Contract Extension will be in the amount of $508,359.00. 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADIA By William R. Kelly City Manager `r1iB(r CLSLANDSCAPE ANAGEMENT, INC. Byam-_-- ....._. 2006 4)ice(r �Y CA # I itle Dated: � c y 7 12006 APPROVED AS TO FORM: R (Nd-ej Stephen P. Deitsch Pat Malloy City Attorney Public Works Services Director 0.{Ry f G I N�AL AMENDMENT NO. 5 TO AGREEMENT FOR LANDSCAPE U MAINTENANCE BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 5 ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., a California Corporation with respect to that certain Agreement between the parties dated December 13,.2000 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including November 30, 2006. 2. Contract Extension will be in the amount of $491,437.00. 3. All of the terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF A�RCCAADIIA�� CLS LANDSCAPE MANAGEMENT, INC. By City Manager Dat d: 2005 Kevin L. Davis, President Title JDated: i 2005 APPROVED AS TO F�OR�M: CONC !B' City Attorney Pat Malloy, Public ork rvices Director 11 /b3 12bb4 15:bb 6253574756 WEAUER::: PAGE 02/02 AMENDMENT NO. 4 TO AGREEMENT FOR LANDSCAPE 1 MAINTENANCE BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 4 ( "Amendment No. 4') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., a California Corporation with respect to that certain Agreement between the parties dated December 13, 2000 ( "AgreemenfD. The parties agree as follows: 1. The term of the Agreement is extended to and including November 30, 2005. 2. Extension reflects a 3% cost of living increase. 3. The Scope of Work is hereby amended to include, without limitation, change orders in the amount of $4,950.00 for additional work and modifications to the contract as follows: (1) Increase in area for lawn and planter maintenance at the new Police Department; (2) New median on Baldwin Ave., between Duarte Road and Naomi Ave. 4. The Scope of Work is hereby amended to include, without limitation, which reflects an annual cost increase of $21,840 plus a one -time cleanup fee of $1,944 for additional work and modifications to the contract as follows: Freeway on & off -ramp maintenance at Santa Anita, Baldwin and Michillinda Avenues (see attached maps). This work includes routine debris and weed removal and placement of wood chips as necessary in each of these areas. 5. All other terms and provisions of the Agreement are hereby reaffirmed In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By OTU City Manager Dated: U.f , 2004 ST: Cily Clerk APPROVED AS TO FORM: �f P V-G City Attorney CLS LANDSCAPE MANAGEMENT, INC. Tltl Dated: 1 2004 Pat Malloy, Public Works Services Director ( AMENDMENT NO. 3 TO AGREEMENT FOR LANDSCAPE 1 MAINTENANCE BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc., a California Corporation with respect to that certain Agreement between the parties dated December 13, 2000 ( "Agreement "). The parties agree as follows: 1. The term of the Agreement is extended to and including November 30, 2004. 2. Extension reflects a 2% cost of living increase. 3. The Scope of Work is hereby amended to include, without limitation, change orders in the amount of $13,049.00 for additional work and modifications to the contract as follows: (1) Baldwin Avenue median from Colorado to Stanford and the adjacent traffic loops south of Colorado Blvd..; (2) New median on Huntington Dr. between Morlan Place and Santa Anita Avenue; (3) Additional lawn cutting and cleaning at the Bonita Skatepark. 4. All other terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA By City Manager Dated: P-4 2004 ATTEST: 'City Clerk c' APPROVED AS TO FORM: City Attorney CI Title Dated: J PZ 12004 , INC. Pat Malloy, Public W s Services Director r� AMENDMENT NO. 2 T AGREEMENT FOR LANDSCAPE AINTENANDRU N A L BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. O q )o - NO This Amendment No. 2 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and CLS Landscape Management, Inc. with respect to that certain Agreement between the parties dated December 13, 2000 ( "Agreement'). The parties agree as follows: Pursuant to Section 3.01 of the Agreement, the term of the Agreement is extended to and including November 30, 2003. Extension reflects a 2% cost of living increase. The contractor has also agreed to eleven change orders at no additional cost to the City. These change orders reflect modifications and improvements to the contract, including additional work at the Civic Center Soccer Field, an electric cart for downtown, the addition and expansion of facilities (Historical Museum, Peck Road median, Longden well site, Colorado /Michillinda median island), maintenance of the firebreak around Wilderness Park and the reduction in service relating to mechanical detaching of all City turf. 4. All other terms and provisions of the Agreement are hereby reaffirmed. In witness whereof the parties have executed this Amendment on the date set forth below. CITY OF ARCADIA By: `^� William R. Kelly, City Manager Date: ile ,200 (SEAL) ATTEST: CityZlerk / ` Date CLS LANDSCAPE MANAGEMENT, INC. APPROVED _ASTOFORM: P . OtA g-4-j City Attorney Pat Malloy Public Works Services Director �s AGREEMENT THIS AGREEMENT, made and executed this V� day of r , 2000, by and between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007, hereinafter referred to simply as "City ") and whose address is hereinafter referred to simply as "Contractor ". RECITALS A. City has invited bids relative to landscape maintenance of City owned facilities and grounds. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: 1. The Contract Documents consist of the Notice Inviting Bids, Information to Bidders, the Bid Security Form either Check or Bond, the Accepted Bid, this Agreement, General and Special Provisions of the bid document, the Labor and Material Bond, Faithful Performance Bond, Non - Collusion Affidavits, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein. 2. For and in consideration of the payments and agreement to be made and performed by the City as set forth in said Contract Documents, the Contractor agrees with the City to provide maintenance of the landscaped and hardscaped facilities and grounds as specified in these specifications, all in accordance with the Specifications, of which award of Contract was made, to furnish at his own proper cost and expense all tools, equipment, services, labor and materials said Contract Documents. 3. For furnishing all said services and materials, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all losses and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of the work, and for all other risks of any description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof within the stipulated time and in the manner shown and described in the said documents and in accordance therewith, the City will pay the Contractor in full compensation the sum of;($; 395'' 91.0 4. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. Ke d any action or proceeding be brought pursuant to this Agreement, the City, should it 1, shall recover its reasonable attorney's fees and experts fees in addition to all other and necessary disbursement. work, services, material, or equipment shall be performed or furnished under this eement unless or until a Notice to Proceed has been given to the Contractor by the City, �h notice shall be given within five (5) days from the date of signing this Contract, and Contractor shall commence work within five (5) calendar days after said notice is given. Standard of Performance /Determination of Compliance: It is acknowledged and agreed that the maintenance to be performed pursuant to this agreement is crucial to the well being and z aesthetics of the City, and that it involves the proper care of living plant life and growth. The history, reputation, and concerns of the City including those reflected in the General Plan are closely related to maintenance of those areas that are subject to this contract. Past landscape maintenance agreements have been administered consistert with this reality and have led to termination for failure to abide by the concerns of the City as expressed including strict adherence to the provisions of the contract and directives and orders by the City with regard to administration and management of same. All provisions of the Contract including those relating to termination shall be applied and interpreted with reference to this section and the specific intent of this contract that the areas of work shall be kept in a healthy, well kept state at all times. :. The City's Public Works Services Director shall be the judge of all work performed by the Contractor. If in the Director's opinion, the Contractor fails to perform the work to the extent that the provisions of this Agreement are not being accomplished, the Contractor shall, upon order from the Director, immediately take the steps necessary to fully comply with said provisions. Should the Contractor fail to take the necessary steps after orders of the Director to do so, the Director may suspend the Agreement for any period of time to and including the next regular meeting of the Arcadia City Council, at which time the Arcadia City Council may reinstate or terminate the Agreement. No sums shall be due or payable to the Contractor for or during any time of such suspension. Supplemental to these contractual provisions, at the discretion of the Director, Section 10 (General Provisions) is applicable. JITNESS WHEREOF, the parties hereto have caused this contract to be executed the and year first above written. ( OF ARCADIA CONTRACTOR N CLS Landscape Management, Inc, Titl 650883 License No. PROVED AS TO FORM: Q �� I���n✓Vsl� 1 �l L�� 4+nrnnv Date 27 (SEAL)