Laserfiche WebLink
Attachment 2, Contract <br /> AS-NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT <br /> THIS AGREEMENT is made and entered into this day of June 2019 between <br /> Womack Striping, Inc. ("Contractor") a California Corporation,whose address is 1336 Lone Palm <br /> Avenue,Modesto, CA 95351 and the CITY OF PLEASANTON, a municipal corporation("City"). <br /> RECITALS <br /> A. Contractor is qualified and experienced in providing the work or services set forth in Exhibit <br /> A of this Agreement. <br /> B. City finds it necessary and advisable to obtain work or services from Contractor on an as- <br /> needed basis. <br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City <br /> and Consultant agree as follows: <br /> 1. Term. The term of this Agreement will expire on June 30, 2021. Upon written agreement of <br /> both parties,the term of this Agreement may be extended for up to two (2)additional one-year terms. If <br /> the parties agree to such extension(s), Contractor may request an adjustment to the pricing sheet by the <br /> percentage change from the June 2019 Engineering News Records Construction Cost Index for the <br /> Northern California region. <br /> 2. Services to be Performed. Contractor shall perform, or cause to be performed,the type of <br /> work or services described in Exhibit A. This Agreement does not obligate the City to utilize Contractor <br /> exclusively for the kind of work or services set forth in Exhibit A and incorporated herein by reference. <br /> The City reserves the right to select other contractors for these services as the City desires. <br /> When requested by the City, Contractor will submit a written estimate detailing the cost to <br /> perform the requested work or services. If the Contractor's estimate is agreeable to the City,the City <br /> shall issue a Work Authorization Letter detailing the work or services to be performed and setting forth <br /> the compensation to be paid to Contractor. Work Authorization Letters shall be signed by the City and <br /> the Contractor prior to commencement of the work. <br /> 3. Compensation. Total compensation under this Agreement for all Work Authorizations <br /> issued in the initial two years of this Agreement shall not exceed $150,000. If the City extends the <br /> Agreement an additional year,total compensation for subsequent years shall not exceed$75,000. <br /> Payment shall be made within thirty(30)days of receipt of Contractor's invoice and approval by City. <br /> 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its <br /> officers, agents and employees ("Indemnitees"), against any and all claims, costs, demands, causes of <br /> action, suits, losses, expenses,attorney's fees, or liability, arising from or in any manner related to <br /> Contractor's (includes Contractor's employees,agents, or subcontractors) negligent act or omission, <br /> whether alleged or actual,regarding the work or services performed or caused to be performed pursuant <br /> to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to <br /> indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of <br /> Indemnitees. This indemnification includes any claim that the materials or equipment provided under <br /> Page 1 of 5 <br />