Agmt08 Envirosupply & Service Inc

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SECTION 3 - ENTIRE CONTRACT This Contract is intended by the parties as a final expression of their agreement, and supersedes any prior oral or written statements, and is intended also as a complete and exclusive statement of the terms of their agreement. No revisions to this Contract shall be binding upon Owner or Contractor unless accepted in writing and signed by authorized representatives of Owner and Contractor. No condition stated by Contractor in accepting this Contract shall be binding upon Owner or Contractor unless expressly agreed to in writing by Owner and Contractor. SECTION 4 - TIME A. The initial term of this Contract is two (2) years from the date set forth above, unless earlier terminated as provided herein, subject to two - one (1) year extensions at the City's option. The City may, by giving written notice to Contractor at least ten (10) business days prior to the expiration of the initial contract term or any extension of that original term, extend this Contract for an additional year, up to a total of four (4) years from the date set forth above. The unit prices in the Proposal Form will be adjusted based on the annual change in the Consumer Price Index - Urban Consumers (CIP-U) for the /San Francisco/Oakland/San Jose region for services during the extended term(s). B. Contractor shall perform the Work in the sequence, and accordance with the schedule set forth in Contractor's proposal. C. Time is of the essence of this Contract. SECTION 5 - LABOR A. This contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City Council of the City of Redwood City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City, a copy of which is on file in the office of the City Engineer, and shall be made available for viewing to any interested party upon request. B. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. C. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract." D. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which ATTY/AGR/2008.004 013008 3