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0 • <br /> CITY OF RANCHO PALOS VERDES <br /> PUBLIC WORKS AGREEMENT <br /> THIS AGREEMENT("Agreement") is made and entered this ��6 ofem &, 2014 and between <br /> day by <br /> the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and New Horizons Contracting, <br /> Inc. ("Contractor"). Contractor's license number is 943743. <br /> In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows: <br /> 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and <br /> services in a good and workmanlike manner for the project identified as ABATEMENT/DEMOLITION <br /> OF TWO CHERRY HILL LANE STRUCTURES # 40 AND #41 ("Project"), as described in this Agreement <br /> and in the Bid Documents (including the Notice Inviting Sealed Bids, the Instructions to Bidders, the <br /> Proposal,the General Provisions, the Special Provisions,appendices and all addenda as prepared prior <br /> to the date of bid opening setting forth any alterations or interpretations of any said documents), <br /> which are incorporated herein by this reference as Exhibit "A," including miscellaneous appurtenant <br /> work. All work shall be performed in accordance with the latest edition of the Standard Specifications <br /> for Public Works Construction (commonly known as the "Greenbook"), including supplements, <br /> prepared and promulgated by the Southern California Chapter of the American Public Works <br /> Association and the Associated General Contractors of California (collectively "Standard <br /> Specifications"), which is incorporated herein by this reference. In the event of any conflict between <br /> the terms of this Agreement and incorporated documents,the terms of this Agreement shall control. <br /> 2. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force <br /> and effect until Contractor has rendered the services required by this Agreement. <br /> 3. Time. Time is of the essence in this Agreement. All of the work required by this Agreement shall be <br /> completed by December 22, 2014. <br /> 4. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to <br /> exceed amount of Forty Seven Thousand Eight Hundred Ninety dollars ($47,890) in accordance with <br /> the prices as submitted in Contractor's Proposal, attached hereto as Exhibit "B" and incorporated <br /> herein by this reference. <br /> 5. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and <br /> properly submitted payment request from Contractor. City shall return to Contractor any payment <br /> request determined not to be a proper payment request as soon as practicable, but not later than <br /> seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not <br /> proper. <br /> A payment shall be made as the City Council of the City prescribes upon estimates approved by the <br /> City Council. However, progress payments shall not be made in excess of ninety-five percent(959') of <br /> the percentage of actual work completed plus a like percentage of the value of material delivered on <br /> the ground or stored subject to, or under the control of, the City, and unused.The City shall withhold <br /> not less than five percent (5%) of the Agreement price until final completion and acceptance of the <br /> Project. However, at any time after fifty percent (50%) of the work has been completed, if the City <br /> Council of the City finds that satisfactory progress is being made, it may, at its discretion, make any of <br /> the remaining progress payments in full for actual work completed. <br />