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Home My WebLink AboutC-1644u r ORIGINAL 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 k William R. Kelly, City Manager (SEAL) ATTEST: A £pity, Clerk APPROVED AS TO FORM: I City Attorney CONSULTANT CLS Landscape Man By President Title ment. /Inc. I � 0 -'3" ORIGINAL NOTICE INVITING BIDS CITY OF ARCADIA, CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 1999 -2000 MAINTENANCE AND CARE OF LANDSCAPED AREAS IN THE CITY OF ARCADIA WITH OPTIONAL ANNUAL EXTENSIONS VOLUME CONTRACT AMOUNT $276,228.00 CITY COUNCIL M AYOR ROGER CHANDLER, ROBERT C. HARBICHT GAIL MARSHALL r� n ov 'n GINO RONCELLI AGREEMENT THIS AGREEMENT, made and executed this 20th day of October , 1999, by 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 16 8 9 , Chino, CA 9170 8 hereinafter referred to simply as "Contractor ". 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 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: ity Manager (SEAL) TEST: t}T lerk ate _APPROVED AS1T �FORM: ��t � �G, -/� it y_,_�tto r e Date 27 CONTRACTOR CL& Landscape Management, Inc. =-P- ident Tit Fe 650883 License No. FAITHFUL PERFORMANCE BOND Bond No. 87305 Premium $6,087.00 100% of Contract Price KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnit Com an A corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of Two HUNDRED SEVENTY SIX THOUSAND TWO HUNDRED TWENTY EIGHT AND NO/ 100 Dollars ($276,228.00 ) lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION SUCH, t with the City to perform Contractor has been awarded and is about to enter into a Con all work required pursuant to the contract documents for the project entitled: 1999 -2000 MAINTENANCE AND CARE OF LANDSCAPED AREAS which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor and his Subcontractors shall well and truly do and perform all the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety. In the event suit is brought upon this Bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 4th day of October CLS Landscape Management Inc. P ri n ci pat (SEAL) , 19 99 American Contractors Indemnity Com u C e L. Ivey, Attorneyy Fact (SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange OCT 0 4 1 �I 999 before me, Peggy Hilburn Date Name and Title of Officer (e.g., 'Jane Doe, Notary PuDlic'l On personally appeared Connie L. Ivey Name(s) of Signerts) X personally known to me to be the personO whose names) is /me subscribed to the within instrument and acknowledged to me thatIM/she / executed the same in bdYVherhM=authorized capacity(), and that by PKWY NItBUiur Sher/IMV signature(g) on the instrument the person(iA), CommL%ion# 12125gq or the entity upon behalf of which the person(X) acted, Z Notary PutAc - California executed the instrument. Orange County MY Comm. Expires Mcr7, 2003 WITNESS my ha,P� and offici4l'seal. �% %Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Connie L. Ive ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — 77 Limited ❑ General Attorney -in -Fact = Trustee Guardian or Conservator Other: Signer Is Representing: American Contractors Indemnity Company RIGHTTHUMBPRINT aFMGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —7, Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Too of mumb nere Signer Is Representing: Q 1994 National Notary Association - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Parx. CA 91309.7184 Prod. No. 5907 Reorder Call Toll -Free 1- 800 - 876.6827 LABOR AND MATERIAL BOND (100% of Contract Price) KNOW ALL PERSONS BY THESE PRESENTS: That CLS Landscape Management Inc. Bond No. 87305 Premium included in Performance Bond hereinafter referred to as "Contractor" as PRINCIPAL, and American Contractors Indemnity Company A corporation duly organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole Surety upon bonds or undertakings as surety, are held and firmly bound unto the CITY OF ARCADIA, CALIFORNIA, hereinafter referred to as the "City" in the sum of Two HUNDRED SEVENTY SIX THOUSAND TWO HUNDRED TWENTY EIGHT AND NO 1100 Dollars ($276,228.00), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into a Contract with the City to perform all work required pursuant to the contract documents for the project entitled: 9999 -2000 MAINTENANCE AND CARE OF LANDSCAPED AREAS which Contract is by this reference incorporated herein, and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor or subcontractor in said Contract fails to pay for any materials, equipment, tools, provisions, provender or other supplies, or teams, or services, or for rental of same, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under applicable law with respect to any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any and all persons, companies, or corporations entitled to file claims under applicable law; PROVIDED, that any alterations in the work to be done, or the materials, equipment, tools, provisions, provender or other supplies, or teams, or services to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said S u rety. IN WITNESS WHEREOF, we have hereunto set our hands and seals This 4th day of October CLS Laq" -cape Management Inc. Principal By: �;``='' By: (SE �- -' 29 1999 W CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On OCT 0 4 �t 999 before me, Peggy Hilburn Date Name and Title of Officer (e.g.. 'Jane Doe. Notaryr o c personally appeared Connie L. Ivey Name(s) of X personally known to me to be the personO whose name0s) is /me subscribed to the within instrument and acknowledged to me that= /she /tit executed the _ same in =herh=Kauthorized capacity(lLsto), and that by PEGGY HILBURN Sher /# signature(S) on the instrument the person(X), Commission # 1212-599 or the entity upon behalf of which the person(X) acted, Z Notary Pubric- CcVcmia executed the instrument. z Orange County My Comm. 5 pines Marl, 2003 WITNESS my hand and official seal. i Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Connie L. Ivey Individual Corporate Officer Title(s): Partner — Limited -7 General X Attomey -in -Fact Trustee Guardian or Conservator Other: Too of thumb here Signer Is Representing American Contractors Indemnity Company Number of Pages: Signer's Name: u Individual El Corporate Officer Title(s): El Partner — Limited n General u Attorney -in -Fact ❑ Trustee Guardian or Conservator F-7 Other: j 7co or thumb nere Signer Is Representing: IQ 1994 National Notary Association • 8236 nemmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -7184 Pros. No. 5907 aeorcer Call Toll -Free 1- 800 - 876 -6827