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)