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standards of practice recognized by one or more first-class firms performing similar work under <br /> similar circumstances. <br /> 1.2 Consultant's Proposal. <br /> The Scope of Service shall include the Consultant's scope of work or bid which shall be <br /> incorporated herein by this reference as though fully set forth herein. In the event of any <br /> inconsistency between the terms of such proposal and this Agreement, the terms of this <br /> Agreement shall govern. <br /> 1.3 Compliance with Law. <br /> Consultant shall keep itself informed concerning, and shall render all services hereunder <br /> in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any <br /> Federal, State or local governmental entity having jurisdiction in effect at the time service is <br /> rendered. <br /> 1.4 California Labor Law. <br /> If the Scope of Services includes any "public work" or "maintenance work," as those <br /> terms are defined in California Labor Code section 1720 et seq. and California Code of <br /> Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, <br /> Consultant shall pay prevailing wages for such work and comply with the requirements in <br /> California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, <br /> including the following requirements: <br /> (a) Public Work. The Parties acknowledge that some or all of the work to be <br /> performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and <br /> that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 <br /> (commencing with Section 1720) of the California Labor Code relating to public works contracts <br /> and the rules and regulations established by the Department of Industrial Relations ("DIR") <br /> implementing such statutes. The work performed under this Agreement is subject to compliance <br /> monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by <br /> regulation. <br /> (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent <br /> required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the <br /> prevailing rate of per diem wages are on file at City Hall and will be made available to any <br /> interested party on request. By initiating any work under this Agreement, Contractor <br /> acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of <br /> the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job <br /> site where work is performed under this Agreement. <br /> (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with <br /> and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment <br /> of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The <br /> Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar <br /> day, or portion thereof, for each worker paid less than the prevailing rates as determined by the <br /> 01203.0005/526718.5 2 <br />