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AGREEMENT <br />Landscape Structures, Inc. <br />THIS AGREEMENT is made and entered into as of the 7th day of <br />April , 2021 (the "Effective Date"), by and between the CITY OF <br />REDWOOD CITY, a charter city and municipal corporation of the State of California <br />("City"), and Landscape Structures, Inc., a Minnesota Corporation ("Contractor"). <br />RECITALS <br />A. City requires the services of a professional playground shade structure <br />installer. <br />B. Contractor has the necessary experience in providing such services. <br />C. Selection of Contractor is expected to achieve the desired results in an <br />expedited fashion. <br />D. Contractor has submitted a proposal to City and has affirmed its willingness <br />and ability to perform such work. <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br />1. Scope of Work. City retains Contractor to perform, and Contractor agrees to <br />render, those services (the "Work") that are defined in attached Exhibit "A", which is <br />incorporated herein by reference. City will have the right to modify the scope of work to <br />delete tasks in whole or in part. Any individuals listed as "Key Personnel" on Exhibit "A" <br />will perform the roles ascribed to them in Exhibit "A". Contractor may not change the list <br />of Key Personnel without the prior written consent of the City. <br />2. Standard of Performance. While performing the Services, Contractor will exercise <br />the reasonable professional care and skill customarily exercised by reputable members <br />of Contractor's profession practicing in the urban Northern California Area. Contractor will <br />also use reasonable diligence and best judgment while exercising its professional skill <br />and expertise. <br />3. Term. Unless terminated earlier pursuant to Section 21, the term of this Agreement <br />will begin on the Effective Date and will end when Contractor has performed the Work <br />completely. <br />4. Schedule. Contractor will adhere to the schedule set forth in Exhibit "A", provided, <br />that City, in its discretion, may grant reasonable extensions when performance of the <br />Work is delayed due to unusually lengthy governmental reviews or other unexpected, <br />unavoidable circumstances. Such circumstances will not include strikes, lockouts, work <br />stoppages, or other labor disturbances conducted by, or on behalf of, Contractor's officers <br />or employees. <br />REV: 03-30-2021 RL <br />ATTY/AGR.2021.064/Landscape Structures, Inc. (Shade Structure Installation) (Page 1 of 11) <br />