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-7 -LS -2-0 L( <br />INSUPANCE ON PILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />-7 - L 3 --2-0 L <br />CLERK OF COUNCIL <br />RT DATE'. & _ 'Z$— I f <br />LANDSCAPE MAINTENANCE AGREEMENT <br />A-2011-149 <br />9 THIS AGREEMENT, made and entered into this 6`h day of June, 2011 by Pinnacle Holdings Group, dba Pinnacle <br />Landscape Company, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter <br />J1 "City"). <br />RECITALS <br />¢ A. The City desires to retain a Contractor having special skill and knowledge in the provision of park landscape <br />r <br />maintenance services comparable with "high-level" industry practice. <br />B. Contractor represents that Contractor is able and willing to provide such set -vices to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and <br />J that any services performed by Contractor under this Agreement will be performed in compliance with such <br />standards as may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions <br />hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform landscape maintenance services for Santa Ana Parks, District 3, as set forth in City's <br />Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the <br />Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. <br />Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and <br />Addendum 2, attached respectively hereto as Exhibits A, A-1 and A-2, and Contractor's Proposal dated April 12 2011, <br />attached hereto as Exhibit B. <br />2. CITY INSPECTION <br />The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, <br />shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection <br />results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the <br />Specifications, Contractor agrees that the City shall deduct front Contractor's next monthly payment, the City's actual or <br />estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City <br />shall impose liquidated damages of up to $300.00 per inspection, per day, per Park not meeting the Specifications during <br />any such inspection. <br />COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges <br />identified in Contractor's fee scliedule, attached hereto as Exhibit C, and incorporated by reference. The total sum to be <br />expended under this Agreement shall not exceed $368,425.00, plus a ten percent (10%) contingency for unanticipated <br />work required, during the teen of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work <br />performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails <br />to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. <br />TERM <br />This Agreement shall commence on July 1, 2011 and terminate on hate 30, 2012 unless terminated earlier in <br />accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve <br />