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ATTACHMENT #1 MAINTENANCE AND TRADE SERVICES AGREEMENT MISC. LANDSCAPE SERVICES: MEDIANS,FIRE STATIONS AND MAIN STREET PROJECT NO. OSD 2021 -302 THIS AGREEMENT is made and entered into this day of September 2021 between Tree Sculpture Group, dba Terra Landscape ("Contractor") a California corporation, whose address is 642 McCormick Street, San Leandro, CA 94577 and the CITY OF PLEASANTON, a municipal corporation("City"). RECITALS A. Contractor has submitted a proposal dated August 20, 2021, in response to the City of Pleasanton's Request for Proposals (RFP) #OSD 2021-302 and is qualified and experienced in providing the work or services set forth in Exhibit A of this Agreement. B. City finds it necessary and advisable to obtain work or services from Contractor on both a scheduled basis as set forth in RFP #OSD 2021-302, as well as on an as-needed basis for potential unscheduled work also described therein. NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows: 1. Term. The term of this Agreement commences on the date written above and will expire three years from that date. The parties may extend this Agreement, by Amendment, for additional two (2), one-year terms, not to exceed five years for the total Agreement. If extended by Amendment,the cost of each one-year term may increase only by the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve (12) month period ending in August each year as published by the Bureau of Labor Statistics, U.S. Department of Labor. 2. Services to be Performed. Contractor shall perform, or cause to be performed, the type of work that will consist of Miscellaneous Landscape Services for Street Medians, Fire Stations #1, #2, #3, #4, and#5, Transportation Corridor, and Maintenance of Main Street (scheduled and as needed non-scheduled) for City locations as identified in RFP #OSD 2021-302 and in Exhibit A. 3. Compensation. Total compensation under this Agreement for all work for each of the first three years of this Agreement shall not exceed $2,029,542, which includes a 10% contingency for unforeseen circumstances and related extra services as determined necessary by the City. Payment of such contingency funds is not guaranteed to Contractor unless the City requests such extra services. Rates shall be set forth in Exhibit B,the Bid Form—Rates provided by Contractor in its proposal. Payment shall be made within thirty (30) days of receipt of Contractor's invoice and approval by City. 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers,agents and employees("Indemnitees"),against any and all claims,costs,demands, causes of action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to Contractor's (includes Contractor's employees, agents, or Page 1