Common use of SERVICES AND PERFORMANCE Clause in Contracts

SERVICES AND PERFORMANCE. A. The COUNTY shall be responsible for the preparation of all design plans for the PROJECT at COUNTY’s sole expense. Said design plans shall include the design for the installation and maintenance of any and all plants, planting material, and irrigation systems, to be maintained by the COUNTY under this Agreement (the “Plans”). The Plans shall be deemed to be incorporated by this reference into this Agreement upon completion by the COUNTY. B. The COUNTY shall have the sole responsibility for resolving claims and requests for the addition of work for the PROJECT. The COUNTY will make best efforts to obtain the DEPARTMENT’S input in its decisions. C. The COUNTY shall furnish the services with which to undertake and complete the PROJECT, which shall consist of both an i) Installation Phase and ii) Maintenance Phase, said services being further described in Exhibit “A” to this Agreement. D. The COUNTY agrees to undertake and complete the PROJECT in accordance with all applicable statutes, rules and regulations, including DEPARTMENT standards and specifications and in accordance with District Three Landscape Care Guide – Landscape and Irrigation Care along the State Highway System, dated February 4, 2016, as may be amended or revised from time to time (“Landscape Care Guide”), which is hereby incorporated by reference into this Agreement. The COUNTY shall take the necessary steps to ensure the PROJECT is completed within state or COUNTY right-of-way, or an appropriate easement has been acquired for off right-of-way actions. The COUNTY shall be responsible for obtaining clearances/permits required for the PROJECT from the appropriate permitting authorities. i). The COUNTY shall obtain a Landscape Permit from the

SERVICES AND PERFORMANCE. A. The COUNTY shall be responsible for the preparation of all design plans for the PROJECT at COUNTY’s sole expense. Said design plans shall include the design for the installation and maintenance of any and all plants, planting material, and irrigation systems, to be maintained by the COUNTY under this Agreement (the “Plans”). The Plans shall be deemed to be incorporated by this reference into this Agreement upon completion by the COUNTY. B. The COUNTY shall have the sole responsibility for resolving claims and requests for the addition of work for the PROJECT. The COUNTY will make best efforts to obtain the DEPARTMENT’S input in its decisions. C. The COUNTY shall furnish the services with which to undertake and complete the PROJECT, which shall consist of both an i) Installation Phase and ii) Maintenance Phase, said services being further described in Exhibit “A” to this Agreement. D. The COUNTY agrees to undertake and complete the PROJECT in accordance with all applicable statutes, rules and regulations, including DEPARTMENT standards and specifications and in accordance with District Three Landscape Care Guide – Landscape and Irrigation Care along the State Highway System, dated February 4, 2016, as may be amended or revised from time to time (“Landscape Care Guide”), which is hereby incorporated by reference into this Agreement. The COUNTY shall take the necessary steps to ensure insure the PROJECT is completed within state or COUNTY right-of-way, or an appropriate easement has been acquired for off right-of-way actions. The COUNTY shall be responsible for obtaining clearances/permits required for the PROJECT from the appropriate permitting authorities. i). The COUNTY shall obtain a Landscape Permit from the