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4 <br /> <br />in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 <br />months following acceptance, Contractor shall be solely responsible for the correction of those defects. <br /> <br />9. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” and <br />prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, and not less <br />than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, <br />classification or type of worker needed to execute the work under this Agreement shall be paid to all <br />workers, laborers and mechanics, electricians, employed in the execution of the work by the Contractor or <br />any subcontractor 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 Clerk’s Office and <br />available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per diem <br />wages. <br /> <br />To the extent applicable, Contractor shall comply with all requirements of the California Labor Code, <br />including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job <br />site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll <br />records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work <br />as 8 hours of labor); and section 1775 (regarding penalties for violations). The Contractor shall forfeit fifty <br />dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated <br />prevailing rates for any public work done under the Agreement by it or by any subcontractor under <br />Contractor <br /> <br />10. Notices. All notices herein required shall be in writing and shall be sent by certified or registered <br />mail, postage prepaid, addressed as follows: <br /> <br />To Contractor: ______________________ <br /> <br /> <br />To City: <br /> <br /> <br />City Manager <br /> ______________________ City of Pleasanton <br /> ______________________ P.O. Box 520 <br /> ______________________ Pleasanton, CA 94566 <br /> <br />11. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and <br />Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or <br />in the provision of work under this Agreement on the basis of any legally protected classification, including <br />race, color, national origin, ancestry, sex or religion of such person. <br /> <br />12. Counterparts and Electronic Signatures. This Agreement may be executed in multiple <br />counterparts, each of which shall be an original and all of which together shall constitute one agreement. <br />Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature <br />complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform <br />Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other <br />transmission method, and any counterpart so delivered shall be deemed to have been duly and validly <br />delivered and be valid and effective for all purposes. <br /> <br />13. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor shall <br />be paid for that portion of work already completed by Contractor as approved by City. <br />Docusign Envelope ID: 059C19A3-10EC-462E-9279-6CF17F556A66Docusign Envelope ID: FB3FB7F8-4C8D-43A1-9209-276FDA245742