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111 <br /> CITY OF RANCHO PALOS VERDES <br /> CONTRACT FOR: <br /> Tree Trimming/Maintenance Project FY 09-10, 10-11, 11-12 <br /> This Agreement is made and entered this day of J U" y , 2009, by and between the <br /> CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City" and West Coast Arborists,Inc., <br /> hereinafter referred to as "Contractor." <br /> WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated <br /> by this reference; <br /> WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, <br /> including the Proposal; and <br /> WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such <br /> responsibility. <br /> NOW,THEREFORE,the parties hereto do agree as follows: <br /> 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services <br /> and materials for the project identified as: Tree Trimming/Maintenance Project FY 09-10,10- <br /> 11,11-12, as described in these Plans and Specifications, attached hereto as Exhibit "A" and <br /> incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall <br /> be performed in a good and workmanlike manner, under the terms as stated herein and in these <br /> Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative <br /> Committee, Southern California Chapters of the American Public Works Association and the <br /> Associated General Contractors of America, document entitled "Standard Specifications." In the <br /> event of any conflict between the terms of this agreement and any of the above-referenced <br /> documents,the terms of this agreement shall be controlling. <br /> 2. Term of contract. This Agreement shall commence on / JUL-•1 2 QV9 and shall <br /> terminate on30 a)He 20 I a. . Immediately following, the City and Contractor may <br /> extend the Agreement for three(3)one-year extensions based on their mutual written agreement. <br /> 3. Time. Upon receipt of written Notice to Proceed from the City, Contractor shall perform with <br /> due diligence the services requested by the City and agreed on by Contractor. Time is of the <br /> essence in this Agreement. <br /> 4. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid <br /> according to the prices as submitted on the Bid Sheet of the Proposal, , attached hereto as a part <br /> of these Plans and Specifications in Exhibit"A"and in accordance with the Special Provisions. <br /> 5. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly <br /> independent contractor. Neither the City nor any of its agents shall have control over the conduct <br /> of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is <br /> free to dispose of all portions of its time and activities which it is not obligated to devote to the <br /> City in such a manner and to such persons, firms, or corporations at the Contractor wishes except <br /> as expressly provided in this Agreement. Contractor shall have no power to incur any debt, <br /> C- <br /> R6876-0001/1148462v3 <br />