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Rojas Flores Landscape, Inc. 2 Version 10-03-22
Landscape Maintenance Service Various Locations P.W. No. 06-22 -19 \\chfile\groups\pubworks\cip\C17000, Landscape, Various Locations\2 Budget & Payments\Agreement ~ Re-Bid LMSVL.docx
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and ex pense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Pr ovider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoic e for the total amount of work done the previous month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit B and inc orporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit B. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of said City from CIP fund C17000.
b. The total five-year compensation for this Agreement shall not e xceed $825,369.
This amount includes the 10% contingency and with an annual 3% escalation.
FY 2023 total compensation shall not exceed $97,185
FY 2024 total compensation shall not exceed $200,201
FY 2025 total compensation shall not exceed $206,207
FY 2026 total compensation shall not exceed $212,393
FY 2027 total compensation shall not exceed $109,383
Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all se rvices hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qua lified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s se rvices. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its