23A - PROJ - WATER MAIN IMPROVEMENTS

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CITY OF SANTA ANA CONTRACT PROJECT NO. 11 -6416 SEVENTENTH'STREET WATER MAIN IMPROVEMENTS CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 3. CONTRACTOR agrees to complete the Work of Improvement within the time specified in Exhibit "C" which is attached hereto, incorporated herein by reference, and which time is indicated in the Time for Completion of Improvements section of the BID PROPOSAL. CONTRACTOR further agrees to commence construction within the days specified upon issuance of a Notice to Proceed indicated in Exhibit "C." 4. Time is of the essence on this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: One Thousand Dollars ($1000.00) for each working day's delay beyond the time herein prescribed for finishing work. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. 6. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any Section 4 . a Contmet 09 -22 -2014 C -1 b 23A -50