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4 <br />8. Labor Code/Prevailing Wages. The services performed under this Agreement <br />are a “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 for <br />holidays and overtime work, for each craft, classification or type of worker needed to perform <br />the services under this Agreement shall be paid to all workers, laborers and mechanics employed <br />in the execution of the services by the Contractor or any subcontractor doing or contracting to do <br />any part of the services. Contractor shall post, at each job site, a copy of the prevailing rate of <br />per diem wages. <br /> <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 /> <br />9. Notices. All notices, demands, requests or approvals to be given under this <br />Agreement shall be given in writing and conclusively shall be deemed served when delivered <br />personally or on the second business day after the deposit thereof in the United States Mail, <br />postage prepaid, registered or certified, addressed as hereinafter provided. <br /> <br />To Contractor: David Garrison To City: Zachary Reda <br /> 2150 Portola Ave City of Pleasanton <br /> Suite D-160 P.O. Box 520 <br /> Livermore, CA 94551 Pleasanton, CA 94566 <br /> <br /> 10. Miscellaneous Provisions. <br /> <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 /> <br />b. Contractor acknowledges that time is of the essence regarding the <br />performance of this Agreement. <br /> <br />c. Contractor shall not assign or transfer this Agreement. <br /> <br />d. If either City or Contractor waives a breach of this Agreement, such <br />waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. <br /> <br />e. This Agreement may only be modified by a writing signed by the <br />authorized representative of both parties. <br /> <br />Page 180 of 782