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8-0l--J-OL L.
<br />INSURANCE ON FILE A-2011-150
<br />WORK MAY PROCEED
<br />UNTIL INSURANCE EXPIRES
<br />49-0l--2-0 L, l.
<br />CLERK OF COUNCIL
<br />DATE: l 1: LANDSCAPE MAINTENANCE AGREEMENT
<br />THIS AGREEMENT, made and entered into this 6'b day of June, 2011 by Marina Landscape, Inc., a California
<br />corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and
<br />existing under the Constitution and laws of the State of California (hereinafter "City").
<br />RECITALS
<br />Vil A. The City desires to retain a Contractor having special skill and knowledge in the provision of park landscape
<br />maintenance services comparable with "high-level" industry practice.
<br />t B. Contractor represents that Contractor is able and willing to provide such services to the City.
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<br />C- 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 />1 NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions
<br />V 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 4, 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, attached hereto as
<br />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 from 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 />3. 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 schedule, attached hereto as Exhibit C, and incorporated by reference. The total sum to be
<br />expended under this Agreement shall not exceed $609,142.00, plus a ten percent (10%) contingency for unanticipated
<br />work required, for a total not to exceed amount of $670,056, during the term 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 />4. TERM
<br />This Agreement shall commence on July 1, 2011 and terminate on June 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
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