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A-2019-103 <br />INSURANCE NOT ON FILE EXHIBIT 1 <br />WORK MAY NQT PROCEED <br />CLERK OF COUNCIL <br />DATE; JUL 2 2 2019 AGREEMENT TO PROVIDE RIGHT OF WAY AND <br />�MEDIAN LANDSCAPE MAINTENANCE SERVICES <br />WA <br />tiNtt! ^,.(COHIS AGREEMENT is made and entered into this 2nd day of July, 2019 by and between <br />Landscape West Management Services; Inc. ("Contractor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City'. <br />RECITALS <br />A. On May 2, 2019, the City issued Request for Proposal No. 19-016, by which it <br />sought a contractor to provide right-of-way and median landscape maintenance <br />services for the Maintenance Services Division of the City's Public Works Agency, <br />B. Contractor submitted a responsive proposal that was selected by the City. <br />Contractor represents that it is able and willing to provide the services described, in <br />the scope of work that was included in RFP No. 19-016 and addendum thereto. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms acid conditions hereinafter set forth, the parties agree as follows; <br />I. ' SCOPE OF SERVICES <br />Contractor shall pei*rm the services that were described in the scope of work that was <br />included in RFP No,19-016 and addendum thereto, and that is attached as Exhibit A. Contractor's <br />proposal is incorporated in full by reference herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B. The total <br />annual sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $770,000. This sum is comprised of (1) the <br />base amount of $700,000 and (2) a 10% contingency in the amount of $70,000 for <br />additional services at the City's sole discretion. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City, <br />Page 1 of 8 <br />251-4 <br />