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ORIGINAL AGREEMENT THE CITY OF REDWOOD CITY, a municipal corporation in the State of California, hereinafter referred to as "City", and RGW CONSTRUCTION INC. of Livermore, California, hereinafter referred to as "Contractor", for the consideration hereinafter stated, hereby agree as follows: 1. Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, equipment, materials, and tools to perform, within One Hundred Thirty (130) calendar days after the NOTICE TO PROCEED, the following work: REDWOOD SHORES STREET SYSTEM IMPROVEMENTS PROJECT 3. in strict accordance with the Plans, Contract Documents and Specifications pertaining thereto and signed by the City Engineer of Redwood City, which Documents are incorporated herein and made a part of this Agreement as if herein fully set forth. City shall pay to Contractor, as full consideration for the faithful performance by Contractor of the aforementioned work, the amount of Two Million Two Hundred Twenty-nine Thousand Three Hundred Twenty-three and 55/100 ($2,229,323.55), computed in accordance with Contractor's accepted Proposal dated October 18, 2000, which accepted Proposal is incorporated herein by reference thereto as if herein fully set forth. All of the work to be done shall be done under the direction and supervision of, and to the approval of, City or its authorized representative, and the work shall be done in the best workmanlike manner, conforming strictly to the provisions of the specifications and plans made thereof. 2. 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 8 hours in anyone calendar day and 40 hours in anyone calendar week, unless such worker receives compensation for all hours Worked in excess of eight (8) 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 prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the City Clerk, which copies shall be made available to any interested party on request. Contractor shall post a copy of said prevailing rate of per diem wages at each job site. (c) As required by Section 1773.8 of the California Labor Code, Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel Agmt-418 DES:djk F: / S hared/Re d w oodl Co une il 11/06/00 1 ------------r-------- -