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A-2019-103INSURANCE NOT ON FILE WORK MAY tm PROCEED CLERK OF COUNCIL /4) DATE: JUL 2 2 2019 AGREEMENTTOPROVIDERIGHTOFWAYAND � vJ A (:-) .MEDIAN LANDSCAPE MAINTENANCE SERVICES V ,v�II /\ .. 1,,,.!lFHS AGREEl\l!ENT is made and entered into this 2nd day of July, 2019 by and between" Landscape West Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City''). RECITALS A.On May 2, 2019, the City issued Request for Proposal No. 19-016, by which itsought a contractor to provide right-of-way and median landscape maintenanceservices for the Maintenance Services Division of the City's Public Works Agency.B.Contractor submitted a responsive proposal that was selected by the City,Contractor represents that it is able and willing to provide the services described inthe scope of work that was included in RFP No. 19-016 and addendum thereto.C.In undertaking the performance of this Agreement, Contractor represents that it isknowledgeable u1 its field and that any services performed by Contractor under thisAgreement will be performed in compliance with such standards as may reasonablybe expected ftom a professional contracting firm in the field.NOW THEREFORE, in consideration of the lll\ltual and respective promises, and subject to the tetms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICESContractor shall peiform the servict-s that were described in the scope of work that wasincluded in RFP No. 19-016 and addendum thereto, and that is attached as Exlu'bit A. Contractor's proposal is incorporated in full by reference herein. 2, COMPENSATION a.City agrees to pay, and Contractor agrees to accept as total payment for its servicesunder this Agreement, the rates and charges identified in Exhibit B. The totalannual sum to be expended under the term of this Agreeinent, including anyextension periods, shall not exceed $770,000. This sum is comprised of (1) thebase amount of $700,000 and (2) a 10% contingency in the amount of $70,000 foradclitional services at the City's sole discretion.b.Payment by City shall be made within forty-five (45) days following receipt ofproper invoice evidencing work perfom1ed, subject to City accounting procedures.Payment need not be made for work which fails to meet the standards ofperformance set forth in the Recitals and Scope of Work, which may reasonably beexpected by City.Pagel of8 <br />EXHIBIT 1