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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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072109
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11
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7/15/2009 4:53:04 PM
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7/14/2009 4:20:07 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
11
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9. Labor Code /Prevailing Wages. The work performed under this Agreement is a <br /> "public work" and prevailing wage laws shall apply. No less than the general <br /> prevailing rate of per diem wages, and not less than the general prevailing rate of per <br /> diem wages for holidays and overtime work, for each craft, classification or type of <br /> worker needed to execute the work under this Agreement shall be paid to all workers, <br /> laborers and mechanics employed in the execution of the work by the Contractor or <br /> any subcontractor doing or contracting to do any part of the work. The appropriate <br /> determination of the Director of the California Department of Industrial Relations <br /> shall be filed at the City Clerk's Office and available for inspection. Contractor shall <br /> post, at each job site, a copy of the prevailing rate of per diem wages. <br /> To the extent applicable, Contractor shall comply with all requirements of the <br /> California Labor Code, including but not limited to, Labor Code sections: 1773.2 <br /> (regarding posting wage determinations at each job site); section 1776 (regarding the <br /> certification, maintenance, and availability for inspection of payroll records); section <br /> 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day's <br /> work as 8 hours of labor); and section 1775 (regarding penalties for violations). The <br /> Contractor shall torfeit fifty dollars ($50.00) for each calendar day or portion thereof <br /> for each worker paid less than the stipulated prevailing rates for any public work done <br /> under the Agreement by it or by any subcontractor under Contractor <br /> 10. Termination forConvenienee of CITY. The CITY may terminate this Agreement at <br /> any time by mailing a notice in writing to CONSULTANT. The Agreement shall <br /> then be deemed terminated, and no further work shall be performed by <br /> CONSULTANT. If the Agreement is so terminated, the CONSULTANT shall be <br /> paid for that percentage of the work actually completed at the time the notice of <br /> termination is received. <br /> 11. Non Assignability. The CONSULTANT shall not assign, sublet, or transfer this <br /> Agreement or any interest or obligation therein without the prior written consent of <br /> the CITY, and then only upon such terms and conditions as CITY may set forth in <br /> writing. Consultant shall be solely responsible for reimbursing subcontractors. <br /> 12. Indemnify and Hold Harmless. CONSULTANT shall defend, indemnify, and hold <br /> harmless, the CITY and its officers and employees from and against all claims, losses, <br /> damage, injury, and liability for damages arising from errors, omissions, negligent or <br /> wrongful acts of the CONSULTANT in the performance of its services under this <br /> Agreement, regardless of whether the CITY has reviewed and /or approved the work <br /> or services which has given rise to the claim, loss, damage, injury or liability for <br /> damages. This indemnification shall extend for a reasonable period of time after <br /> completion of the work performed under this Agreement as well as during the period <br /> of actual performance of services under this Agreement. The CITY's acceptance of <br /> 3 <br />
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