Agmt26 Chaix Company - Laserfiche WebLink

Browse Search

RSLCROP 2025 Form CONTRACT Page 3 PUBLIC WORKS TEMPLATE FOR INFORMAL BIDDING ($100K) 12-04-25 REV: 12-15-25 MI (A) Penalties. Pursuant to Labor Code § 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 9.2 Working Day. Pursuant to Labor Code § 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages pursuant to Labor Code § 1815. 9.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code §§ 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code §§ 1771, 1811, and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations, unless the Project is exempt pursuant to § Labor Code 1771.4(a)(4) and § 1725.5(f). 9.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code § 1777.5. 9.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code § 1725.5, unless subject to a small project exemption under the Labor Code and as otherwise specified in the Contract Documents. 10. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 11. Termination. 11.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience after Work has commenced pursuant to a Notice to Proceed, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. Notwithstanding the foregoing, if the Contract Price exceeds $25,000 and Contractor fails to timely comply with Section 2.2, above, City may summarily terminate the Contract without further notice and with no compensation whatsoever due to Contractor.