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<br />ORIGINAL <br /> <br />DES:djk 04/17/98 <br />F: Shared/Redwood/Councill Agmt -149 <br /> <br />AGREEMENT <br /> <br />THE CITY OF REDWOOD CITY, a municipal corporation in the State of California, <br />hereinafter referred to as "City", and POMS lANDSCAPE COMPANY of Redwood <br />City, California, hereinafter referred to as "Contractor", for the consideration <br />hereinafter stated, hereby agree as follows: <br /> <br />1. Contractor shall perform everything required to be performed, shall provide and <br />furnish all of the labor, equipment, materials, and tools to perform, within <br />forty-five (45) calendar days after the NOTICE TO PROCEED, the following <br />work: <br /> <br />WINSLOW STREET TREE PLANTING PROJECT <br /> <br />in strict accordance with the Plans, Contract Documents and Specifications <br />pertaining thereto and signed by the Manager, Engineering and Construction of <br />Redwood City, which Documents are incorporated herein and made a part of <br />this Agreement as if herein fully set forth. <br /> <br />2. City shall pay to Contractor, as full consideration for the faithful performance <br />by Contractor of the aforementioned work, the amount of Thirteen Thousand <br />Eight Hundred Ninety and No/100 Dollars ($13,890.00) computed in <br />accordance with Contractor's accepted Proposal dated March 12, 1998, <br />which accepted Proposal is incorporated herein by reference thereto as if <br />herein fully set forth. <br /> <br />3. All of the work to be done shall be done under the direction and supervision <br />of, and to the approval of, City or its authorized representative, and the work <br />shall be done in the best workmanlike manner, conforming strictly to the <br />provisions of the specifications and plans made thereof. <br /> <br />4. (a) Contractor shall comply with all applicable provisions of Section 1810 to <br />1815, inclusive, of the California labor Code relating to working hours. <br />Contractor shall, as a penalty to City, forfeit Twenty five and No/100 <br />Dollars ($25.00) for each worker employed in the execution of the Contract <br />by Contractor or by any subcontractor for each calendar day during which <br />such worker is required or permitted to work more than 8 hours in anyone <br />calendar day and 40 hours in anyone calendar week, unless such worker <br />receives compensation for all hours Worked in excess of eight (8) hours at <br />not less than 1-1/2 times the basic rate of pay. <br /> <br />(b) Pursuant to the provision of California labor Code, Sections 1770 et seq. <br />Contractor and any subcontractor under him shall pay not less than the <br />prevailing rate of per diem wages as determined by the Director of the <br />California Department of Industrial Relations. Pursuant to the provisions of <br />California labor Code Section 1773.2, Contractor is hereby advised that <br />copies of the prevailing rate of per diem wages and a general prevailing <br />