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surety acceptable to City within seven days after written notice from City. If Contractor fails
<br />to substitute an acceptable surety within the specified time, City may, in its sole discretion
<br />and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and
<br />deduct the cost from payments otherwise due to Contractor, or terminate the Contract.
<br />3. Time for Completion. Contractor will fully complete the Work within 45 calendar days from the
<br />date specified by the City in the Notice to Proceed. ("Contract Time"). All Work must be carried
<br />out during regular City working days and hours unless otherwise specified in Exhibit A or authorized
<br />in writing by City.
<br />4. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City may
<br />assess liquidated damages in the amount of $250 per day for each day of unexcused delay in
<br />completion, and may deduct liquidated damages from amounts otherwise due to Contractor.
<br />5. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
<br />care applicable to the same type of work in San Mateo County. Contractor must promptly correct,
<br />at Contractor's sole expense, any Work that the City determines is deficient or defective.
<br />6. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term
<br />of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
<br />required California contractor's license and a City business license.
<br />7. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
<br />harmless to the full extent permitted by law, City, its governing body, officers, agents, employees,
<br />and volunteers from and against any and all liability, demands, loss, damage, claims, settlements,
<br />expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and
<br />fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with
<br />Contractor's acts or omissions with respect to this Contract, except such Liability caused by the
<br />active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation
<br />is not limited by any limitation on the amount or type of damages or compensation payable under
<br />Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will
<br />survive the expiration or early termination of this Contract. City will notify Contractor of any third -
<br />party claim pursuant to Public Contract Code § 9201.
<br />Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
<br />required by the City for this Project as set forth in Exhibit C — Insurance Reguirements, attached
<br />hereto and incorporated herein.
<br />9. Labor Code Compliance. Unless the Project is exempt under one or more of the Labor Code
<br />exemptions for small projects, as specified in the Notice Inviting Bids or herein, the Contract is
<br />subject to the applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code,
<br />beginning at § 1720, and the related regulations, including but not limited to requirements pertaining
<br />to wages, working hours and workers' compensation insurance. Contractor must also post all job
<br />site notices required by laws or regulations pursuant to Labor Code § 1771.4.
<br />9.1 Prevailing Wages. Each worker performing Work underthis Contract that is covered under
<br />Labor Code §§ 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as
<br />defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with
<br />the City Engineer's office and available online at:
<br />https://www.dir.ca.govlor)rl/DPreWageDetermination.htm.
<br />(A) Penalties. Pursuant to Labor Code § 1775, Contractor and any subcontractor will
<br />forfeit to City as a penalty up to $200 for each calendar day, or portion of a day,
<br />for each worker paid less than the applicable prevailing wage rate, in addition to
<br />paying each worker the difference between the applicable wage rate and the
<br />amount actually paid.
<br />Jardin De Ninos Park 2025 Form CONTRACT
<br />Fence Project Page 11
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