LANDSCAPE WEST MANAGEMENT SERVICES, INC. (9)

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SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events a. The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. b. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal.