|
5. TERM AND SCHEDULE OF WORK
<br />This Agreement shall commence on the date first written above and terminate upon the
<br />City's acceptance of the Project via a "Notice of Completion" unless terminated earlier in
<br />accordance with Section 16 below. Contractor shall complete all design work, engineering and
<br />obtain all permitting within one hundred eighty (180) days of commencement of the Agreement.
<br />After the City approves the design work, equipment will be ordered and the construction related
<br />work under the Agreement shall be completed within one hundred eighty days (180) from the
<br />date of issuance by the City of a "Notice to Proceed" and mutual agreement of any potential cost
<br />increase incurred by Contractor in the procurement of equipment. The term of this Agreement
<br />may be extended upon a writing executed by the City Manager and City Attorney.
<br />Upon completion of all work under this Agreement, ownership and title to all reports,
<br />documents, tracings, plans, specifications, estimates and maps prepared or obtained under the
<br />terms of this Agreement shall be delivered to, and become the property of City. Basic survey
<br />notes and sketches, charts, computations, and other data prepared or obtained pursuant to this
<br />Agreement shall be made available upon request of the City without restriction or limitation on
<br />their use. Contractor shall furnish the City all necessary copies of data needed to complete the
<br />review and approval process.
<br />6. GENERAL REQUIREMENTS OF THE WORK
<br />Contractor shall perform the Work in compliance with applicable laws, statutes,
<br />ordinances, codes, rules, and regulations. If Contractor performs Work contrary to applicable
<br />laws, statutes, ordinances, codes, rules, or regulations, Contractor shall assume responsibility for
<br />such Work and shall bear the costs attributable to correction. Contractor shall be responsible to
<br />City for acts and omissions of Contractor's employees, consultants, subcontractors, or others
<br />employed or retained by Contractor in connection with the Project or Work. Contractor shall
<br />provide City access to the Work in preparation and progress wherever located.
<br />PROTECTION OF PERSONS AND PROPERTY
<br />Contractor shall be responsible for initiating, maintaining, and supervising all safety
<br />precautions and programs in connection with the performance of the Work. Contractor shall be
<br />responsible for the safety of, and reasonable protection to prevent damage, injury, or loss to (i)
<br />employees performing the Work and 'other persons who may be affected thereby, (ii) the Work
<br />and materials and equipment to be incorporated therein, and (iii) other property at the Work site
<br />or adjacent thereto, including without limitation hardscaping, landscaping, structures and utilities
<br />not designated for removal, relocation, or replacement in the course of construction.
<br />8. PREVAILING WAGES
<br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
<br />and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
<br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
<br />performance of other requirements on "public works" and "maintenance" projects. Since the
<br />
|