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Page 3 of 5 <br />6. Independent Contractor. The Contractor is an independent contractor retained by the <br />City. All personnel employed by the Contractor, including subcontractors, and personnel of <br />subcontractors, are not and shall not be employees of the City. <br />7.Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods <br />associated with the services until delivered to and accepted by City. Contractor further warrants <br />that all services provided under this Agreement shall: a) meet all conditions of the Agreement; <br />b) shall be free from all defects; and 3) shall be fit for the purposes intended. If any defects <br />occur within the 12 months following acceptance, Contractor shall be solely responsible for the <br />correction of those defects. <br />8.Labor Code/Prevailing Wages. The services performed under this Agreement are a <br />“public work” and prevailing wage laws shall apply. No less than the general prevailing rate of <br />per diem wages, and not less than the general prevailing rate of per diem wages for holidays and <br />overtime work, for each craft, classification or type of worker needed to perform the services <br />under this Agreement shall be paid to all workers, laborers and mechanics employed in the <br />execution of the services by the Contractor or any subcontractor doing or contracting to do any <br />part of the services. Contractor shall post, at each job site, a copy of the prevailing rate of per <br />diem wages. <br />To the extent applicable, Contractor shall comply with all requirements of the California <br />Labor 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 Contractor 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 Contractor. <br />9.Notices. All notices, demands, requests or approvals to be given under this Agreement <br />shall be given in writing and conclusively shall be deemed served when delivered personally or <br />on the second business day after the deposit thereof in the United States Mail, postage prepaid, <br />registered or certified, addressed as hereinafter provided. <br />To City: City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br />To Contractor: Cassidy Lundin <br /> Terra Landscape <br /> 642 McCormick Street <br /> San Leandro, CA 94577 Pleasanton, CA 94566 <br />10. Miscellaneous Provisions. <br />a.City may terminate this Agreement at any time by mailing a notice to <br />Contractor. Contractor shall be paid for that portion of services already completed by Contractor <br />as approved by City. <br />b.Contractor acknowledges that time is of the essence regarding the performance <br />of this Agreement. <br />Docusign Envelope ID: 13FE48C5-D5F5-4601-826E-B8F264A57D7BDocusign Envelope ID: 7C0E76E7-1031-45FB-8C1F-DF2FE0E6CF0B