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<br />No less than the general prevailing rate of per diem wages, and not less than the general <br />prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or <br />type of 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 any <br />subcontractor doing or contracting to do any part of the work. The appropriate determination of <br />the Director of the California Department of Industrial Relations shall be filed with, and <br />available for inspection, at the City offices. Contractor shall post, at each job site, a copy of the <br />prevailing rate of per diem wages. 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 /> <br />9. Differilllz Site Conditions. Pursuant to Public Contract Code Section 71 04, Contractor shall <br />promptly, and before such conditions are disturbed, notifY the City in writing of any possible <br />hazardous waste, differing subsurface or latent physical condition or unusual or unknown <br />physical condition at the site. <br /> <br />10. Unfair Business Practices Claims. In accordance with Section 7103.5 of the Public Contracts <br />Code, the Contractor agrees as follows: "In entering into a public works contract or a <br />subcontract to supply goods, services or materials pursuant to the public works contract, the <br />contractor or subcontract offers and agrees to assign to the awarding body all rights, title and <br />interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. <br />Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of <br />Division 7 of the Business and Professions Code], arising from purchases of goods, services, or <br />materials pursuant to the public works contract or the subcontract. This assignment shall be <br />made and become effective at the time the awarding body tenders final payment to the <br />contractor, without further acknowledgement by the parties. <br /> <br />II. Claims. Attention is directed to Public'Contract Code Sections 20 I 04 et seq. regarding claims as <br />applicable. <br /> <br />12. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing notice to Contractor at the <br />address first stated above. Contractor shall be paid for that portion of goods provided/ <br />work completed when notice is received. <br /> <br />b. Contractor shall not assign or transfer this Agreement. <br /> <br />c. If either City or Contractor waive a breach of this Agreement, such waiver shall not <br />constitute a waiver of other or succeeding breaches of this Agreement. <br /> <br />d. This Agreement constitutes the entire understanding of the parties. <br /> <br />3 <br />