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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, and will use <br /> reasonable diligence and best judgment while exercising its professional skill and <br /> expertise. <br /> 3. Term_ Unless earfier terminated, the term of this Agreement will commence upon <br /> the date first above written and shall expire upon completion of performance of Services <br /> hereunder by Contractor. <br /> 4. Payment. As full and complete compensation for Contractor's timely performance <br /> and completion of the Work in strict accordance with the terms and conditions herein, <br /> including all costs and expenses incurred by Contractor, either known or unknown at <br /> this time, City will pay Contractor an amount not to exceed $33,246.00, in accordance <br /> with the payment provisions herein. Payment shall not be due until completion of the <br /> work to City's satisfaction. No other compensation for the Services will be allowed <br /> except for items covered by subsequent amendments to this Agreement. <br /> 5. Time for Completion. Contractor will fully complete the Work for the Project <br /> within 60 calendar days from the commencement date given in the Notice to Proceed <br /> ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed <br /> early completion. <br /> 6. Liquidated Damaqes. Time is of the essence for each and every provision of this <br /> Agreement. The parties agree that because of the nature of the project, including <br /> abatement of hazardous materials, it would be impractical or extremely difficult to fix the <br /> amount of actual damages incurred by City because of a delay in completion of the <br /> work. If Contractor fails to complete the Work within the Contract Time for Completion, <br /> City may assess liquidated damages in the amount of Two Hundred Dollars ($200.00) <br /> for each day of unexcused delay in completion following issuance of a notice to proceed <br /> by City, and the Contract Price shall be reduced accordingly. <br /> 7. License and Reqistration Requirements. This Project requires a valid California <br /> contractor's license for the following classification(s): C21, C22, ASB, HAZ, A, B. This <br /> Contract is contingent upon proof that Contractor and its Subcontractors are registered <br /> with the California Department of Industrial Relations ("DIR") to perform public work <br /> under Labor Code Section 1725.5, subject to limited legal exceptions. <br /> 8. Labor Code and Prevailinq Wage Requirements. This Contract is subject to all <br /> applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including <br /> requirements pertaining to wages, working hours and workers' compensation insurance. <br /> This Project is subject to the prevailing wage requirements applicable to the locality in <br /> which the Work is to be perFormed for each craft, classification or type of worker needed <br /> to perform the Work, including employer payments for health and welfare, pension, <br /> vacation, apprenticeship and similar purposes. Copies of these prevailing rates are <br /> available online at http://www.dir.ca.gov/DLSR. <br /> REV:11-17-15 VR <br /> Page 4 of 11 <br /> ATTY/AGR.2015249/Randazzo Enterprises <br />