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<br />. . <br /> <br />., . <br /> <br />O'RIGINAL <br /> <br />AGREEMENT <br /> <br />THE CITY OF REDWOOD CITY, a charter city and municipal corporation in the State of <br />California (hereinafter referred to as "City") and FIRST SERVE PRODUCTIONS, INC., <br />of 451 Starmont Court, Danville, CA 94526, (hereinafter referred to as "Contractor") <br />(collectively, the "Parties"), for the consideration hereinafter stated, hereby agree as <br />follows: <br /> <br />1. Contractor shall perform everything required to be performed, shall provide and <br />furnish all of the labor, equipment, materials, and tools to perform, within Thirty (30) <br />calendar days after the NOTICE TO PROCEED, the following work: <br /> <br />RESURFACING AT SHOREBIRD, DOLPHIN, MARLIN, AND MEZES TENNIS COURTS <br /> <br />in strict accordance with the Plans, Contract Documents and Specifications <br />pertaining thereto and signed by the Manager, Engineering and Construction of <br />Redwood City, which Documents are incorporated herein and made a part of this <br />Agreement as if herein fully set forth. <br /> <br />2. City shall pay to Contractor, as full consideration for the faithful performance by <br />Contractor of the aforementioned work, the amount of Thirty nine thousand two hundred <br />sixty and 00/100 Dollars ($39,260.00) computed in accordance with Contractor's <br />accepted Proposa.l dated January 25, 2010, which accepted Proposal is incorporated <br />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 <br />to the approval of, City or its authorized representative, and the work shall be done in the <br />best workmanlike manner, conforming strictly to the provisions of the specifications and <br />plans made thereof. <br /> <br />4. (a) Contractor shall comply with all applicable provisions of Section 1810 to 1815, <br />inclusive, of the California Labor Code relating to working hours. Contractor shall, as a <br />penalty to City, forfeit Twenty five and No/100 Dollars ($25.00) for each worker <br />employed in the execution of the Contract by Contractor or by any subcontractor for <br />each calendar day during which such worker is required or permitted to work more <br />than eight (8) hours in anyone (1) calendar day and 40 hours in anyone (1) calendar <br />week, unless such worker receives compensation for all hours worked in excess of eight <br />(8) hours at not less than 1-1/2 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 Relations. <br />Pursuant to the provisions of California Labor Code Section 1773.2, Contractor is hereby <br />advised that copies of the prevailing rate of per diem wages and a general prevailing <br />rate for holidays, Saturdays and Sundays and overtime work in the locality in which the <br />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 <br />made available to any interested party on request. Contractor shall post a copy of said <br />prevailing rate of per diem wages at each job site. <br /> <br />(c) As required by Section 1773.8 of the California Labor Code, Contractor shall pay <br />travel and subsistence payments to each worker needed to execute the work, as such <br />