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ATTACHMENT #1
<br /> MAINTENANCE AND TRADE SERVICES AGREEMENT
<br /> THIS MAINTENANCE AND TRADE SERVICES AGREEMENT("Agreement") is made and entered
<br /> into this of September 2022 between Valley Precision Grading, Inc.("Contractor"),whose address is 3330
<br /> Luyung Drive, Rancho Cardova,CA 95742,and telephone number is 916.638.8800 and the CITY OF
<br /> PLEASANTON, a municipal corporation("City").
<br /> RECITALS
<br /> A. Contractor is qualified and experienced in providing the work or services of supplying and installing infill
<br /> material as set forth in Exhibit A at the identified City location.
<br /> B. Contractor has experience with the City's All-Weather Turf Sports Field.
<br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement,City and
<br /> Contractor agree as follows:
<br /> 1. Terms. The term of this Agreement commences on the date written above and Contractor will completed
<br /> Work by February 01,2023,unless the Term is extended by the City.
<br /> 2. Work to be Performed.
<br /> a. Contractor shall Supply Infill, evenly distribute infill amongst the three All-Weather Turf Sports
<br /> fields,and broom and level infill,as further described in Exhibit A at the Bernal Community Park,Three
<br /> (3)All-Weather Turf Sports Fields, located at 7001 Pleasanton Ave, Pleasanton CA 94566.
<br /> b. Contract Change Orders must be approved in advance in writing by the Director of Operations and
<br /> Water Utilities,or designee.
<br /> 3. Compensation. City shall pay Contractor for work performed at the prices set out in the Contractor's
<br /> Price Quote to the City as set forth in Exhibit A attached and incorporated herein.Compensation for work
<br /> shall not exceed$169,430 which includes a fifteen(15)percent contingency for unforeseen circumstances
<br /> and related extra work as determined necessary by the City per the Contractor's proposal of$147,331.
<br /> Payment of such contingency funds is not guaranteed to Contractor unless the City requests such extra
<br /> work.
<br /> 4. Indemnification. Contractor shall hold harmless,defend,and indemnify the City,its officers,agents and
<br /> employees ("Indemnitees"), against any and all claims, costs, demands, causes of action, suits, losses,
<br /> expenses, attorney's fees, or liability, arising from or in any manner related to Contractor's (includes
<br /> Contractor's employees, agents, or subcontractors) negligent act or omission, whether alleged or actual,
<br /> regarding the work or services performed or caused to be performed pursuant to this Agreement and any
<br /> amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnitees from Claims
<br /> arising from the sole negligence or willful misconduct of Indemnitees.This indemnification includes any
<br /> claim that the materials or equipment provided under this Agreement,or any tool,article or process used,
<br /> constitutes an infringement of any patent issued by the United States. This indemnification provision shall
<br /> survive termination or cancellation of the Agreement.
<br /> 5. Insurance. During the term of this Agreement,Consultant shall maintain in full force and effect,at its
<br /> own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less than
<br /> A:VII. Contractor shall have the obligation to furnish City,as additional insured,the minimum
<br /> coverages identified below, or such greater or broader coverage for City, if available in the Contractor's
<br /> policies:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits
<br /> of at least$2,000,000 combined limit for bodily injury and property damage that provides that the City,
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