MERCHANTS LANDSCAPE SERVICES, INC. 3 - 2016

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iNSUMNCt.ON Fit.«':: A-2016 -002 WMIK MAY PHOOEY) UN'I'11 N5 �RANCEEVIMS 4 AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES Ci.EfIK UVCIL t iTx OF SANTA ANA (PARK DISTRICTS 1 AND 4) IWE 112016 THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Merchants Landscape 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 November 2, 2015, the City issued Request for Proposal No. 15 -112, by which it sought proposals from qualified firms for landscape maintenance services at City parks in Districts 1 and 4. B. Contractor submitted a responsive proposal that was selected by the City for both districts. Contractor represents that it is able and willing to provide the services described in the scope of work for both districts that was collectively included in RFP No, 15112 as Attachments 1, 4, 5, 6, and 7, and that is attached to this Agreement in its entirety as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THERE FORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as Ibllows: SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A. to this Agreement, Contractor's proposal is incorporated liorc:in by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total annual sum to be expended under this Agreement shall not exceed $779,919 during the term of this Agrecinent. This annual amount is comprised of (1) the sum of $709,017 [$186,312 for District I and $522,705 for District 4] and (2) a 10% contingency of up to $70,902 for services as may be performed by Contractor at the sole discretion of City. Payment by City shall be madc within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3, TERM This Agreement shall commence on February 1, 2016 and tenninate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) otio -year periods upon a writing executed by the City Manager and the City Attorney.