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<br />MAINTENANCE SERVICES AGREEMENT
<br />THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered
<br />into June 17, 2025 between Tree Sculpture Group, Inc. dba Terra Landscape ("Contractor") a
<br />California Corporation whose address is 642 McCormick Street, San Leandro, CA 94577, and
<br />the CITY OF PLEASANTON, a municipal corporation ("City").
<br />RECITALS
<br />A. Contractor is qualified and experienced in providing landscape maintenance services as
<br />set forth in Exhibit A.
<br />B. City finds it necessary and advisable to obtain such services from Contractor.
<br />NOW THEREFORE, in consideration of the mutual covenants and conditions in this
<br />Agreement, City and Contractor agree as follows:
<br />1.Term and Schedule. The term of this agreement shall run from July 1, 2025 to June
<br />30, 2028. At the sole discretion of the City, the contract may be extended up to an additional two
<br />years for a maximum term through June 30, 2030.
<br />2.Services to be Performed. Contractor shall perform, or cause to be performed, the
<br />services described in Exhibit A, Scope of Work.
<br />3.Compensation. Compensation for services shall not exceed $72,200 for maintenance
<br />services for the first year, with a cost escalator based on the CPI for the Bay Area for years two
<br />and three, and shall not exceed $227,000 for extra services over the three year contract period,
<br />with a total not to exceed amount of $450,000 for the first three years and a total not to exceed
<br />amount of $800,000 for the full five year term. Compensation shall be paid as set forth in Exhibit
<br />B, 2025 Schedule of Fees, attached hereto. Payment shall be made within thirty (30) days of
<br />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,
<br />causes of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any
<br />manner related to Contractor’s (includes Contractor’s employees, agents, or subcontractors)
<br />negligent act or omission, whether alleged or actual, regarding the services performed or caused
<br />to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not,
<br />however, be obligated to indemnify Indemnitees from Claims arising from the sole negligence or
<br />willful misconduct of Indemnitees. This indemnification includes any claim that services
<br />provided under this Agreement, or any tool, article or process used, constitutes an infringement
<br />of any patent issued by the United States. This indemnification provision shall survive
<br />termination or cancellation of the Agreement.
<br />5.Insurance. During the term of this Agreement, Consultant shall maintain in full force
<br />and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s
<br />Docusign Envelope ID: 13FE48C5-D5F5-4601-826E-B8F264A57D7BDocusign Envelope ID: 7C0E76E7-1031-45FB-8C1F-DF2FE0E6CF0B
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