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b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) <br /> days in which to submit final invoicing for payment. An extension may be granted by <br /> City upon receiving a written request thirty (30) days in advance of said time <br /> limitation. The City shall have no obligation or liability to pay any invoice for work <br /> performed which the Consultant fails or neglects to submit within sixty (60)days, or <br /> any extension thereof granted by the City, after the work is accepted by the City. <br /> B. Prevailing Wages for Installation Work. Consultant acknowledges that the work to install the <br /> replacement play apparatus at Orloff Park, and surveying work—if any, described in the Request for <br /> Qualifications& Proposals (RFQ/P) Design, Supply and Installation of Replacement Play Apparatus <br /> for Tawny, Vintage Hills, and Ken Mercer Sports Parks(the "Installation Work"), is subject to the <br /> payment of prevailing wages.No less than the general prevailing rate of per diem wages, and not less <br /> than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, <br /> classification or type of worker needed to execute the Installation Work under this Agreement shall be <br /> paid to all workers, laborers and mechanics employed in the execution of the Installation Work by the <br /> Contractor or any subcontractor doing or contracting to do all or any part of the Installation Work. <br /> Contractor or any subcontractor doing or contracting to do all or any part of the Installation Work shall <br /> post at each job site a copy of the prevailing rate of per diem wages. <br /> To the extent applicable, for the Installation Work the Contractor or any subcontractor doing or <br /> contracting to do all or any part of the Installation Work shall comply with all requirements of the <br /> California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting <br /> wage 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 apprentices); <br /> section 1810 (regarding a legal day's work as 8 hours of labor); and section 1775 (regarding penalties <br /> for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion <br /> thereof for each worker paid less than the stipulated prevailing rates for any Installation Work done <br /> under the Agreement by it or by any subcontractor under Contractor. <br /> 5. Sufficiency of Consultant's Work. All drawings, designs and work product shall be <br /> adequate and sufficient to meet the purposes for which they are prepared. <br /> 6. Ownership of Work. All drawings, designs,work product,and all other documents <br /> completed or partially completed by CONSULTANT in the performance of this Agreement shall <br /> become the property of the CITY. All materials shall be delivered to the City upon completion <br /> or termination of the work under this Agreement. If any materials are lost, damaged or destroyed <br /> before final delivery to the City, the Consultant shall replace them at its own expense. Any and <br /> all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant <br /> agrees to execute any additional documents that may be necessary to evidence such assignment. <br /> Consultant shall keep materials confidential. Materials shall not be used for purposes other than <br /> performance of services under this Agreement and shall not be disclosed to anyone not <br /> connected with these services, unless the City provides prior written consent. <br /> 7. Changes. City may request changes in the scope of services to be provided by Consultant. <br /> Any changes and related fees shall be mutually agreed upon between the parties and subject to a <br /> written amendment to this Agreement. <br /> 2jPage <br />