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04
City of Pleasanton
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2007
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121807
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12/12/2007 3:58:48 PM
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12/12/2007 3:34:27 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/18/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
04
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Contractor or 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 shall be filed at <br />the City Clerk's Office and available for inspection. Contractor shall post, at each job site, a copy <br />of the prevailing rate of per diem wages. <br />To the extent applicable, Contractor 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 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. Miscellaneous Provisions. <br />a. City may terminate this Agreement at any time by mailing notice to Contractor at the address <br />first stated above. Contractor shall be paid for that portion of goods provided /work <br />completed when notice is received. <br />b. Contractor shall not assign or transfer this Agreement. <br />c. If either City or Contractor waive a breach of this Agreement, such waiver shall not constitute <br />a waiver of other or succeeding breaches of this Agreement. <br />d. This Agreement constitutes the entire understanding of the parties. <br />e. This Agreement may only be modified by a writing signed by the authorized representatives <br />of both parties. <br />f. Contractor covenants that it has obtained all certificates, licenses, including a City Business <br />License, permits or the like required by any federal, state or local regulatory agency in order <br />to perform the work under this Agreement. <br />g. All work performed by Contractor under this Agreement shall be in accordance with <br />applicable federal, state and local requirements, including but not limited to environmental <br />laws and laws regarding the disposal of hazardous wastes. <br />h. The Contractor will permit the City to audit, examine and make copies of all contracts, <br />invoices, payrolls and other documents or data relating to this Agreement. Such records shall <br />be maintained for three years from the date of fmal payment under this Agreement. <br />i. This Agreement shall be governed by the laws of the State of California, with venue for any <br />action under this Agreement in Alameda County, California. <br />
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