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<br />AGREEMENT <br /> <br />ORlBINAl <br /> <br />THE CITY OF REDWOOD CITY, a municipal corporation in the State of California, hereinafter <br />referred to as "City", and WESTERN STATES SURFACING, INC. of Modesto, California, <br />hereinafter referred to as "Contractor", for the consideration hereinafter stated, hereby agree as <br />follows: <br /> <br />1. Contractor shall perform everything required to be performed, shall provide and furnish all <br />of the labor, equipment, materials, and tools to perform, within Thirty-five (35) calendar <br />days after the NOTICE TO PROCEED, the following work: <br /> <br />2000-2001 ASPHALT RUBBER CHIP SEAL PROJECT <br /> <br />in strict accordance with the Plans, Contract Documents and Specifications pertaining <br />thereto and signed by the Manager, Engineering and Construction of Redwood City, which <br />Documents are incorporated herein and made a part of this Agreement as if herein fully <br />set forth. <br /> <br />2. City shall pay to Contractor, as full consideration for the faithful performance by Contractor <br />of the aforementioned work, the amount of Four Hundred Forty-three Thousand Two <br />Hundred Fifty and No/100 Dollars ($443,250.00) computed in accordance with <br />Contractor's accepted Proposal dated May 23, 2001, which accepted Proposal is <br />incorporated herein by reference thereto as if herein fully set forth. <br /> <br />3. All of the work to be done shall be done under the direction and supervision of, and to the <br />approval of, City or its authorized representative, and the work shall be done in the best <br />workmanlike manner, conforming strictly to the provisions of the specifications and plans <br />made thereof. <br /> <br />4. (a) Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, <br />of the California Labor Code relating to working hours. Contractor shall, as a penalty to <br />City, forfeit Twenty-five and No/100 Dollars ($25.00) for each worker employed in the <br />execution of the Contract by Contractor or by any subcontractor for each calendar day <br />during which 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 receives <br />compensation for all hours Worked in excess of eight (8) hours at not less than 1-1/2 <br />times the basic rate of pay. <br /> <br />(b) Pursuant to the provision of California Labor Code, Sections 1770 et seq. Contractor <br />and any subcontractor under him shall pay not less than the prevailing rate of per diem <br />wages as determined by the Director of the California Department of Industrial <br />Relations. Pursuant to the provisions of California Labor Code Section <br />1773.2,Contractor is hereby advised that copies of the prevailing rate of per diem <br />wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime <br />work in the locality in which the work is to be performed for each craft, classification, or <br />type of worker required to execute the Contract, are on file in the office of the City <br />Clerk, which copies shall be made available to any interested party on request. <br />Contractor shall post a copy of said prevailing rate of per diem wages at each job site. <br /> <br />Agmt-172 <br />DES:djk <br />Shared/Redwood/Council <br />OS/29/01 <br />