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ORIGINAL AGREEMENT THIS AGREEMENT is made by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("City"), and SPOSETO ENGINEERING, INC. ("Contractor"), and for the consideration hereinafter stated, hereby agrees as follows: 1, Contractor shall perform all services necessary, furnish all labor, equipment, materials and tools to perform such services contracted for, and within thirty (30) calendar days for each phase of the Cost Shared project, and ten (10) calendar days for each phase of the Utility Construction, from the NOTICE TO PROCEED for that particular phase of the project, for a total of 365 calendar days for the following project: 2002-2003 COST SHARED SIDEWALK REPAIR PROJECT in strict accordance with the Plans, Contract Documents and Specifications pertaining thereto and signed by the Manager, Engineering and Construction Department of the City of Redwood City, which Documents are incorporated herein and made a par[ of this Agreement as if herein fully set forth. 2. City shall pay to Contractor, as full consideration for the faithful performance by Contractor of the aforementioned work, the amount of Two Hundred Eighty Thousand Two Hundred Eighty-Five and No/100 Dollars ($280,285.00) computed in accordance with Contractor's accepted Proposal dated April 24, 2002, which accepted Proposal is incorporated herein by reference thereto as if herein fully set forth. 3. All services performed shall be under the direction and supervision of City or its authorized representative. Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession in the Bay Area, conforming strictly to the provisions of the specifications and plans made thereof. 4. (a) Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. Contractor shall, as a penalty to City, forfeit Twenty five and No/100 Dollars ($25.00) for each worker employed in the execution of the Contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight hours at not less than 1-1/2 times the basic rate of pay. (b) Pursuant to the provision of California Labor Code, Sections 1770 et seq. Contractor and any subcontractor under him shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general F:Atty/Agr/Agr.034 1 051402