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ORIGINAL
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OTIICE INVITING BIDS
CITY OF ARCADIIA, CALIFORNIA
SPECIFICATIONS
FOR
MAINTENANCE AND CARE OF BEAUTIFIED AREAS
IN '][']MITE CITY OF ARCADIA
1995 -1998
By Cash Contract
NOTE: Should it be necessary to remove any of the contract documents for typing the
proposal, etc., please reassemble and submit in original form. This is required
by the City Attorney.
CITY COUNCIL
MARY B. YOLIqNG, MAYOR
DR. S;HIENG CHANcG BARBARA D. IKU H[N
DENNIS A. ILOJESK ROBERT G. MARGIETT
WILLIAM R. KELLY
C17FY MANA((3r ER
RICK GOMEZ, DEPUTY CITY MANAGER/
DEVELOPMENT SERVI, C.ES DIRECTOR
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AGREEMENT
THIS AGREEMENT is entered ii
between the City of Arcadia,
Drive, Arcadia, California,
"CITY") and Golden Bear Arbori sts
_ Monrovia CA 91016
"CONTRACTOR).
ORIGINAL
zto this 31st day of May , 1995,
whose address is 240 W. Huntington
91007 (hereinafter referred to as
Inc.
whose address is 146 F Railroad Ave,
(hereinafter referred to as
RECITALS
A. City has invited bids relative to the Maintenance of the
Center Medians, Water Division facilities, and other landscaped
areas.
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 for Check or
Bond, the Accepted Bid, this Agreement, General and Special
Provisions, the Labor and Material Bond, and Faithful Performance
Bond, the Non - Collusion Affidavits, the Specifications, the
Drawings, 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 Center Medians, Water Division facilities, and
all other landscaped areas 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,
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ORIGINAL
form 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
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.
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 give to the Contractor by the City,
which notice shall be given within five (5) days from the date of
signing this Contractor, 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 Development 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,
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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 ARCA IA
uzk�
City Manager
ATTEST:
D��j
Cj&Y Clerk
APPROVED AS O FORM:
CK
City Attorney
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CONTRACTOR
Contractors License
Title License No.416776
AT ST:(--
Bruce Thibodeau