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<br /> <br />8. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” <br />and prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, <br />and not less than the general prevailing rate of per diem wages for holidays and overtime work, <br />for each craft, classification or type of worker needed to execute the work under this Agreement <br />shall be paid to all workers, laborers and mechanics employed in the execution of the work by <br />the Contractor or any subcontractor doing or contracting to do any part of the work. The <br />appropriate determination of the Director of the California Department of Industrial Relations <br />shall be available for inspection. Contractor shall post, at each job site, a copy of the prevailing <br />rate of per diem wages. <br /> <br />To the extent applicable, Contractor shall comply with all requirements of the California Labor <br />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 Agreement shall be <br />given in writing and conclusively shall be deemed served when delivered personally or on the <br />second business day after the deposit thereof in the United States Mail, postage prepaid, <br />registered or certified, addressed as hereinafter provided. <br /> <br />To Contractor: _____________________ To City: City Manager <br /> _____________________ City of Pleasanton <br /> _____________________ P.O. Box 520 <br /> _____________________ Pleasanton, CA 94566 <br /> <br /> <br />10. Conflict of Interest. In accepting this Agreement, Contractor covenants that it presently has no <br />interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would <br />conflict in any manner or degree with the performance of this Agreement. Contractor further <br />covenants that, in the performance of this Agreement, it will not employ any person having such <br />an interest. Contractor certifies that no City officer, employee, or authorized representative has <br />any financial interest in the business of Contractor and that no person associated with Contractor <br />has any interest, direct or indirect, which could conflict with the faithful performance of this <br />Agreement. Contractor agrees to advise City if any conflicts arise. <br /> <br />11. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor <br />shall be paid for that portion of work or services already completed by Contractor as <br />approved by City. <br />b. Contractor acknowledges that time is of the essence regarding the performance of this <br />Agreement. <br />Page 284 of 846