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� <br /> '(�: :?�INa4L <br /> GENERAL SERVICES AGREEMENT <br /> Bay Area Paving,Inc. <br /> This Agreement is made and entered into between the City of Redwood City ("City"), a <br /> m nicipal coi oration, and Bay Area Paving, Inc., a California Corporation ("Contractor") as of <br /> the "Effective Date"). In consideration of their mutual covenants, the parties <br /> here o gree a ollows: <br /> l. Scope of Work. Subject to the terms and conditions of this Agreement,Contractor <br /> shall provide those services described in Exhibit A and incorporated herein by reference. In <br /> summary,the scope of services includes but is not limited to removal and replacement of sidewalk, <br /> curb, gutter, driveway and installation of ADA curb ramps. <br /> 2. Payment Terms. For the services described in Exhibit A, the City agrees to pay� <br /> Contractor a total amount that shall not exceed Three Hundred Seventy Five Thousand Two <br /> Hundred Fifty Dollars ($377,750.00), which amount shall include all expenses. Contractor shall <br /> submit progress billings on a monthly basis, if applicable. Contractor's bill shall include the <br /> following information for the project: a brief description of services performed, the date the <br /> services were performed,the number of hours spent and by whom, a brief description of any costs <br /> incurred, percent completion to date of each task and subtask, total of prior billings, amount for <br /> billing period, total billing to date. In no event shall Contractor submit any billing for an amount <br /> in excess of the maximum amount of compensation provided for in this section. <br /> 3. Term of Performance. Contractor shall begin performing the services set forth in <br /> Exhibit A as soon as he or she is notified by the City. Contractor shall thereafter perform and <br /> complete all services by no later than September 30, 2016. This Agreement may be extended by <br /> City for up to four(4)consecutive six-month terms at the discretion and approval of City.Payment <br /> amounts for any extension term(s) may be increased up to five percent (5%) from the preceding <br /> term in City's sole discretion. The City in its discretion may base increases in the contract price <br /> on relevant fluctuations in the Construction Cost Index for the San Francisco Bay Area in the <br /> Engineering News Record. City shall notify Contractor in writing of its intent to extend this <br /> Agreement at least thirty(30) days in advance of the expiration of the current term. <br /> 4. Independent Contractor. At all times during the term of this Agreement, <br /> Contractor,its employees and agents shall be independent contractors and not employees or agents <br /> of the City. Contractor, its employees and agents shall have no authority, express or implied, to <br /> bind the City to any obligation whatsoever. <br /> 5. Assignment and Subcontracting. It is recognized by the parties hereto that a <br /> substantial inducement to City for entering into this agreement was, and is, the qualifications and <br /> competence of Contractor. Therefore, Contractor shall not subcontract, assign or transfer any <br /> portion of the performance contemplated and provided for in this Agreement without the approval <br /> of the City Manager. Contractar shall not subcontract any portion of the performance <br /> contemplated and provided for herein without prior written approval of the City. <br /> 6. Hold Harmless. Contractor shall,to the fullest extent allowed by law,with respect <br /> ATTY/AGR/2016.065/BAY AREA PAVING INC.COST SHARED SIDEWALK REPAIR PROJECT <br /> REV:03-31-16 FF <br /> Page 1 of 7 <br />