HomeMy WebLinkAboutC-1551NOTICE INVITING BIDS
CITY OF ARCADIA, CALIFORNIA
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
MAINTENANCE AND CARE OF BEAUTIFIED AREAS
DOWNTOWN 2000 STREIETSCAPIE 1996 -1999
By Cash Contract
N®'l[']E: .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
DR. S H[1ENG CHANG DENNIS A. LOJ ESKI
MARY Igo YOUNG ROBERT E]E T IC. ]H[ARBICIH[T
WILLIAM R. KELLY
CITY MANAGER
PAT MAILIL ®Y
MAINTENANCE SERVICES DIRECTOR
AGREEMENT
THIS AGREEMENT, is entered into this I ?r, day of .TOIUE ,
19 96 , by and between the City of Arcadia, California, hereinafter
referred to simply as City, and
Landscape West. Inc.
hereinafter referred to simply as Contractor.
RECITALS
A. City has invited bids relative to the maintenance of the
center medians, bowouts, sidewalks, trees, potted plants,
parking areas and drainage 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, bowouts,
sidewalks, trees, potted plants, parking areas, drainage
areas, 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, from the action of the elements, and from any
unforeseen difficulties which may arise or be encountered
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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
($.$41,496.00 Annually, $124,488.00 thru June 30, 1999.
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.
S. 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.
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8. The City's Maintenance 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 t
City Manager
(SEAL)
ATTEST:
Clerk
APPROVED
%�ASS� T FORM: � /I/ e-M
City Attorne
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CONTRACTOR
Landscape West, Inc.
B , � - --
Vice President
Title
417109
License No.