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110 4111) <br /> LANDSCAPE MAINTENANCE SERVICES AGREEMENT <br /> THIS AGREEMENT("Agreement") is made and entered this 15th day of May, 2012, by and between the <br /> CITY OF RANCHO PALOS VERDES,a California municipal corporation("City")and Venco Western Inc. <br /> ("Contractor"). <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 LANDSCAPE <br /> MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS <br /> ("Project"),as described in this Agreement and in the Bid Documents(including the Notice Inviting <br /> Sealed Bids,the Instructions to Bidders,the General Provisions,the Special Provisions,the Technical <br /> Special Provisions, the Proposal, the Exhibits, and all addenda as prepared prior to the date of bid <br /> opening setting forth any modifications or interpretations of any said documents),which are attached <br /> hereto as Exhibit"A"and incorporated herein by this reference,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. Extra Work. Extra work,when ordered in writing by the Director of Public Works and accepted by <br /> the Contractor, shall be paid for under written work order in accordance with the terms therein <br /> provided.Payment for extra work will be made at the unit price or lump sum previously agreed upon <br /> in writing between the Contractor and the Director of Public Works.All extra work shall be adjusted <br /> daily upon report sheet furnished by the Contractor,prepared by the Director of Public Works, and <br /> signed by both parties, and said daily report shall be considered thereafter the true records of extra <br /> work done. <br /> 3. Term. This Agreement shall commence on July 1, 2012 and shall remain in effect until the tasks <br /> described herein are completed to the City's approval,but in no event later than June 30,2015, <br /> unless sooner terminated pursuant to Section 12 of this Agreement. Additionally,there shall be <br /> three(3)one-year options to renew the Agreement with the mutual written consent of both parties. <br /> If not renewed prior to the anniversary date,the Agreement may continue on a month to month <br /> basis under the same terms and conditions as this Agreement for a maximum period not to exceed <br /> six(6)months or until renewed or awarded to a new contractor,whichever is less. <br /> 4. Time. Time is of the essence in this Agreement. <br /> 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance <br /> under this Agreement due to causes beyond its control, including but not limited to acts of God, <br /> acts of the public enemy,acts of the Government,fires, floods or other casualty,epidemics, <br /> earthquakes, labor stoppages or slowdowns, freight embargoes,unusually severe weather,and <br /> supplier delays due to such causes.Neither economic nor market conditions nor the financial <br /> condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each <br /> party shall notify the other promptly in writing of each such excusable delay, its cause and its <br /> expected delay,and shall upon request update such notice. <br /> 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a <br /> not to exceed amount of One Hundred Sixty Nine Thousand Eight Hundred and Thirty Two <br /> C- 1 <br />