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09
City of Pleasanton
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2008
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100708
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09
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9/30/2008 2:50:45 PM
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9/30/2008 2:50:44 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/7/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
09
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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 />5. Sufficiencv of Cousultant's Work. All reports, drawings, designs, plan review <br />comments and work product shall be adequate and sufficient to meet the purposes for <br />which they are prepared. <br />6. Ownershia of Work. All reports, drawings, designs, plan review comments, work <br />product, and all other documents completed or partially completed by CONSULTANT in <br />the performance of this Agreement shall become the property of the CITY. All materials <br />shall be delivered to the City upon completion or termination of the work under this <br />Agreement. If any materials are lost, damaged or destroyed before final delivery to the <br />City, the Consultant shall replace them at its own expense. Any and all copyrightable <br />subject matter in all materials is hereby assigned to the City and the Consultant agrees to <br />execute any additional documents that maybe necessary to evidence such assignment. <br />Consultant shall keep materials confidential. Materials shall not be used for purposes <br />other than performance of services under this Agreement and shall not be disclosed to <br />anyone not connected with these services, unless the City provides prior written consent. <br />7. Chanties. City may request changes in the scope of services to be provided by <br />Consultant. Any changes and related fees shall be mutually agreed upon between the <br />parties and subject to a written amendment to this Agreement. <br />8. Consultant's Status. In performing the obligations set forth in this Agreement, <br />Consultant shall have the status of an independent contractor and Consultant shall not be <br />considered to be an employee of the City for any purpose. All persons working for or <br />under the direction of Consultant are its agents and employees and are not agents or <br />employees of City. <br />9. Labor Code/Prevailinti Waties. The work performed under this Agreement is a <br />"public work" and prevailing wage laws shall apply. No less than the general prevailing <br />rate of per diem wages, and not less than the general prevailing rate of per diem wages <br />for holidays and overtime work, for each craft, classification or type of worker needed to <br />execute the work under this Agreement shall be paid to all workers, laborers and <br />mechanics employed in the execution of the work by the Contractor or any subcontractor <br />doing or contracting to do any part of the work. The appropriate determination of the <br />Director of the California Department of Industrial Relations shall be filed at the City <br />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 <br />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 certificafion, <br />maintenance, and availability for inspection of payroll records); section 1777.5 (regarding <br />employment of apprentices); section 1810 (regarding a legal day's work as 8 hours of <br />
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