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HomeMy WebLinkAboutC-1644a0 y iv -S/U C � C6 4� 0%0 nb I n A11147 e, v e1(0�q+q I,vHE. 1100—so AMENDMENT NO. 1 TO AGREEMENT FOR 1999 -2000 MAINTENANCE AND CARE OF LANDSCAPED AREAS IN THE CITY OF ARCADIA BY AND BETWEEN THE CITY OF ARCADIA AND CLS LANDSCAPE MANAGEMENT, INC. This Amendment ( "Amendment ") is hereby entered into by and between the City of Arcadia, a municipal corporation in the State of California, and CLS Landscape Management, Inc., with respect to that certain Agreement between the parties dated October 20, 1999 ( "Agreement "). The parties agree as follows: 1. Pursuant to Page SP -1 of the Special Provisions of the Agreement, the term of the Agreement is extended to and including December 31, 2000. 2. All of the 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 W081 William R. Kelly, City Manager (SEAL) ATTEST: tit'y Clerk APPROVED AS TO FORM: ;c ug L- `" City Attorney CONSULTANT President Title ,,•, U gic 40 NOTICE INVITING BIDS M CITY OF ARCADIA, CALIFORNIA C,+ye 1tx.l ORIGINAL SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 1999 -2000 MAINTENANCE AND CARE OF LANDSCAPED AREAS IN THE CITY OF ARCADIA WITH OPTIONAL ANNUAL EXTENSIONS VOLUME I CONTRACT AMOUNT $276,228.00 CITY COUNCIL ROGER CHANDLER, MAYOR ROBERT C. HARBICHT GARY A. KOVACIC WILLIAM R. KELLY CITY MANAGER GAIL MARSHALL GINO RONCELLI PAT MALLOY PUBLIC WORKS SERVICES DIRECTOR F-1 AGREEMENT THIS AGREEMENT, made and executed this Awk. 20th day of October and between the City of Arcadia, whose address is 240 W. Huntington Drive, Arcadia, California, 91007, hereinafter referred to simply as "City ") and CLS Landscape Management, Inc., whose address is PO Box 1689, chino, CA 91 708 hereinafter referred to simply as "Contractor". 1999, by RECITALS A. City has invited bids relative to the maintenance of the landscaped and hardscaped 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: 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 $ 276,228.00. 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. 26 Ahw AM& 5. Should any action or proceeding be brought pursuant to this Agreement, the City, should it prevail, shall recover its reasonable attorney's fees and experts fees in addition to all other costs and necessary disbursement. 6. No work, services, material, or equipment shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to the Contractor by the City, which notice shall be given within five (5) days from the date of signing this Contract, and the Contractor shall commence work within five (5) calendar days after said notice is given. 7. 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 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 consistent 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. 8. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF ARCADIA By: - [�w City Manager (SEAL) TEST: P erk // Date APPROVED. AS T FORM: City A or ey ate 27 CONTRACTOR CLS- Landscape Management, Inc. By: ident Tit Fe 650883 License No.