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21. Labor Code/Prevailing Wages. The work performed under this Agreement is a"public <br /> work"and prevailing wage laws shall apply.No less than the general prevailing rate of per diem <br /> wages, and not less than the general prevailing rate of per diem wages for holidays and overtime <br /> work, for each craft, classification or type of worker needed to execute the work under this <br /> Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the <br /> work by the Consultant or any subcontractor doing or contracting to do any part of the work. <br /> To the extent applicable, Consultant shall comply with all requirements of the California Labor <br /> Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage <br /> determinations at each job site); section 1776 (regarding the certification, maintenance, and <br /> availability for inspection of payroll records); section 1777.5 (regarding employment of <br /> apprentices); section 1810 (regarding a legal day's work as 8 hours of labor); and section 1775 <br /> (regarding penalties for violations). The Consultant shall forfeit fifty dollars ($50.00)for each <br /> calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for <br /> any public work done under the Agreement by it or by any subcontractor under Consultant. <br /> 22. No Personal Liability. No official or employee of City shall be personally liable to <br /> Consultant in the event of any default or breach by the City or for any amount due Consultant. <br /> 23. Exhibits. All exhibits referred to herein are attached hereto and are by this reference <br /> incorporated herein. <br /> 24. Counterparts and Electronic Signatures. This Agreement may be executed in multiple <br /> counterparts, each of which shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any <br /> electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et <br /> seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other <br /> applicable law) or other transmission method, and any counterpart so delivered shall be deemed <br /> to have been duly and validly delivered and be valid and effective for all purposes. <br /> 25. Scope of Agreement. This writing constitutes the entire Agreement between the parties. <br /> Any modification to the Agreement shall be in writing and signed by both parties. <br /> 5 Page <br /> Professional Services Agreement(ENGEO—GHAD monitoring) <br />