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<br />Agreement shall be paid to all workers, laborers and mechanics employed in <br />the execution of the services by the Contractor or any subcontractor doing or <br />contracting to do any part of the services. Contractor shall post, at each job site, <br />a copy of the prevailing rate of per diem wages. <br /> <br />To the extent applicable, Contractor shall comply with all requirements of the <br />California Labor Code, including but not limited to, Labor Code sections: 1773.2 <br />(regarding posting wage determinations at each job site); section 1776 (regarding <br />the certification, maintenance, and availability for inspection of payroll records); <br />section 1777.5 (regarding employment of apprentices); section 1810 (regarding a <br />legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for <br />violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar <br />day or portion thereof for each worker paid less than the stipulated prevailing <br />rates for any public work done under the Agreement by it or by any subcontractor <br />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 <br />when delivered personally or on the second business day after the deposit thereof <br />in the United States Mail, postage prepaid, registered or certified, addressed as <br />hereinafter provided. <br /> <br />To Contractor: David Garrison To City: Ania Pawlak <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 <br />completed by Contractor as approved by the 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 <br />Agreement. <br /> <br />e. This Agreement may only be modified by a writing signed by the <br />authorized representative of both parties. <br /> <br />f. Contractor covenants that it has obtained and will keep in effect during the <br />Page 283 of 373