CITY COUNCIL REGULAR AGENDA PACKET

Page 2 of 6 granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City. b. Prevailing Wages for Installation Work. Consultant acknowledges that the work to install the replacement play apparatus at Del Prado and Moller Parks, described in the Request for Qualifications & Proposals (RFQ/P) Design, Supply and Installation of Replacement Play Apparatus for Del Prado and Moller Parks (the “Installation Work”), is subject to the payment of prevailing wages. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Installation Work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the Installation Work by the Contractor or any subcontractor doing or contracting to do all or any part of the Installation Work. Contractor or any subcontractor doing or contracting to do all or any part of the Installation Work shall post at each job site a copy of the prevailing rate of per diem wages. To the extent applicable, for the Installation Work the Contractor or any subcontractor doing or contracting to do all or any part of the Installation Work shall comply with all requirements of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any Installation Work done under the Agreement by it or by any subcontractor under Contractor. 5. Sufficiency of Consultant’s Work. All work product and all other documents prepared by Consultant shall be adequate and sufficient to meet the purposes for which they are prepared. 6. Ownership of Work. All work product and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent. 7. Changes. City may request changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement. 8. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an Page 196 of 376