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<br />AGREEMENT <br /> <br />ORIGINAL <br /> <br />THE CITY OF REDWOOD CITY, a charter city and municipal corporation in the State of California (hereinafter <br />referred to as "City") and JONES BROS INC, of 16264 Church Street, Morgan Hill, California, 95037 <br />(hereinafter referred to as "Contractor") (collectively, the "Parties"), for the consideration hereinafter stated, <br />hereby agree as follows: <br /> <br />1. Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, <br />equipment, materials, and tools to perform, within Thirty (30) calendar days after the NOTICE TO <br />PROCEED, the following work: <br /> <br />BAIR ISLAND ROAD WALL EXTENSION PROJECT <br /> <br />in strict accordance with the Plans, Contract Documents and Specifications pertaining thereto and signed <br />by the Manager, Engineering and Construction of Redwood City, which Documents are incorporated <br />herein and made a part of this Agreement as if herein fully set forth. <br /> <br />2. City shall pay to Contractor, as full consideration for the faithful performance by Contractor of the <br />aforementioned work, the amount of Forty seven thousand eight hundred sixty five and 00/100, <br />($47,865.00) computed in accordance with Contractor's accepted Proposal dated April 2, 2008, which <br />accepted Proposal is 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 approval of, <br />City or its authorized representative, and the work shall be done in the best workmanlike manner, <br />conforming strictly to the provisions of the specifications and plans made thereof. <br /> <br />4. (a) Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the <br />California Labor Code relating to working hours. Contractor shall, as a penalty to City, forfeit Twenty five <br />and No/100 Dollars ($25.00) for each worker employed in the execution of the Contract by Contractor or <br />by any subcontractor for each calendar day during which such worker is required or permitted to work <br />more than eight (8) hours in anyone (1) calendar day and 40 hours in anyone (1) calendar week, unless <br />such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1- <br />1/2 times the basic rate of pay. <br /> <br />(b) Pursuant to the provision of California Labor Code, Sections 1770 et seq. Contractor and any <br />subcontractor under him shall pay not less than the prevailing rate of per diem wages as determined by <br />the Director of the California Department of Industrial Relations. Pursuant to the provisions of California <br />Labor Code Section 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 work in the <br />locality in which the work is to be performed for each craft, classification, or type of worker required to <br />execute the Contract, are on file in the office of the City Clerk, which copies shall be made available to <br />any interested party on request. Contractor shall post a copy of said prevailing rate of per diem wages at <br />each job site. <br /> <br />(c) As required by Section 1773.8 of the California Labor Code, Contractor shall pay travel and <br />subsistence payments to each worker needed to execute the work, as such travel and subsistence <br />payments are defined in the applicable collective bargaining agreements filed in accordance with this <br />Section. <br /> <br />(d) To establish such travel and subsistence payments, the representative of any craft, classification, or <br />type of workman needed to execute the contracts shall file with the Department of Industrial Relations <br />fully executed copies of collective bargaining agreements for the particular craft, classification or type of <br />work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall <br />establish such travel and subsistence payments whenever filed 30 days prior to the call for bids. <br /> <br />(e) Contractor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as <br />a penalty to City, forfeit Twenty Five and No/100 Dollars ($25.00) for each calendar day, or portion <br />thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, <br />or type of worker needed to execute the Contract. <br /> <br />(f) As required under the provisions of Section 1776 of the California Labor Code, Contractor and each <br />subcontractor shall keep an accurate payroll record, showing the name, address, social security number, <br />