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CITY OF COLTON CONTRACT AGREEMENT
<br />(continued)
<br />That the Contractor will, at said Contractor's own cost and expense, furnish all necessary materials and
<br />labor for said work, and the materials used therein shall comply with the specifications and be to the
<br />satisfaction of the CITY; AND, the Contractor will, within 45 WORKING DAYS from the date specified in
<br />the "NOTICE TO PROCEED," complete the said work or improvements and turn same over to the CITY
<br />ready for use and free and discharged of all liens, claims and demands whatsoever. The provisions of
<br />Title 1 Code of the State of California, (Commencing with Section 4200) Chapter 3 Division 5 of the
<br />Government Code of the State of California, and further, the provisions of Title 15 (Commencing with
<br />Section 3082), Part 4, Division 3 of the Civil Code of the State of California, are expressly made
<br />applicable to work done under this Agreement.
<br />Contractor shall commence work only upon receipt of a "NOTICE TO PROCEED" from the CITY.
<br />Payment will be made in cash to the Contractor in accordance with the provisions of the specifications.
<br />That the cost of said work or improvements shall be at the prices as set forth in the bid of the Contractor
<br />on file in the Office of the CITY Clerk.
<br />That it is stipulated that eight (8) hours of labor shall constitute a legal day's work and that neither the
<br />Contractor, nor any Subcontractor hereunder, shall require or permit any workman employed to perform
<br />any of the work included in this Agreement to labor more than eight (8) hours during any one calendar
<br />day, except as provided by Sections 1812 & 1817 of the Labor Code of the State of California; and, it is
<br />further stipulated that the Contractor shall forfeit, as a penalty, to the CITY the sum of Twenty-five Dollars
<br />($25.00) for each workman employed in the execution of this Agreement by the Contractor or by any
<br />Subcontractor hereunder, for each calendar day during which such workman is required or permitted to
<br />labor more than eight (8) hours in violation of the provisions of Sections 1810 and 1817, inclusive, of the
<br />Labor Code.
<br />That pursuant to the provisions of Section 1778 of said Labor Code, the Contractor shall, as a penalty to
<br />the CITY, forfeit the sum of Twenty-five Dollars ($25.00) for each calendar day, or portion thereof, for
<br />each workman paid less than the prevailing wage rates for any work done under this Agreement by him,
<br />or by any Subcontractor under him. A schedule has been obtained from the Director of the Department
<br />of Industrial Relations, pursuant to the provisions of Section 1772 of the Labor Code of the State of
<br />California, and reference is hereby made to copies Thereof on file in the Office of the City Clerk, which
<br />said copies are available to any interested party upon request. A copy shall be posted at each job site
<br />during the course of the construction.
<br />That the Contractor agrees to indemnify, defend, and hold harmless the CITY, its officers, agents and
<br />employees, from any and all claims and losses accruing or resulting to any and all contractors,
<br />subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying
<br />work, services, materials or supplies in connection with the performance of this Agreement.
<br />It is hereby stipulated and agreed to between the parties hereto, and notice is hereby expressly given to
<br />the Contractor, that in no case, except where it is otherwise provided by law, will said CITY, or any officer
<br />or employee thereof, be liable for any portion of the expense of the work aforesaid.
<br />Should any litigation or arbitration be commenced between the parties concerning the works of
<br />improvements as referenced herein, the prevailing party in any such litigation, being reasonable sum for
<br />attorney's fees incurred in any such litigation relating to this Contract.
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