25D - MAINTENANCE OF CITY PARKS - Laserfiche WebLink

Home Browse Search

responsible for cost of replacing plants lost to vandalism; however Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. B. Replanting -Shrub The Contractor shall plant each year in any area determined by the Director, 1 gallon shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2/3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. 4. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at the rates and charges identified in Exhibit A to said Agreement. The total sum to be expended under this Agreement, including a five percent contingency amount, shall not exceed $666,310 during the 2010-11 fiscal year. 5. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on June 18, 2007 and terminate on June 30, 2011, unless terminated earlier in accordance with Section 12, below. The terms and conditions of said Agreement may be extended for up to two additional one-year periods, at the sole discretion of the City." 6. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager 2 25D-16