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Agmt22 Onpoint Construction
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Agmt22 Onpoint Construction
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Last modified
10/25/2022 11:26:57 AM
Creation date
10/25/2022 11:26:55 AM
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Template:
Agreement
Contractor Name
Onpoint Construction
PROJECT NAME
FOCC OAR Remodel Project
RMP File Number
304.5
Date
9/30/2022
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AGREEMENT 00 5200-4 <br /> <br />6.03 City may issue a Purchase Order to facilitate its internal accounting functions of Project <br />budgeting and payment with respect to services performed by Contractor under this <br />Agreement. Any City-issued Purchase Order, including any terms and conditions that may <br />be a part of the Purchase Order, is not a Contract Document. Any Contractor proposal <br />attached to the Purchase Order for reference is not a Contract Document. <br /> <br />ARTICLE 7 MISCELLANEOUS <br />7.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 <br />(General Conditions) and Section 01 4200 (References and Definitions) and will have the <br />meaning indicated therein. <br /> <br />7.02 It is understood and agreed that in no instance are the persons signing this Agreement for <br />or on behalf of City or acting as an employee, agent, or representative of City, liable on <br />this Agreement or any of the Contract Documents, or upon any warranty of authority, or <br />otherwise, and it is further understood and agreed that liability of City is limited and <br />confined to such liability as authorized or imposed by the Contract Documents or <br />applicable law. <br /> <br />7.03 Pursuant to Labor Code Section 1771.1(a), Contractor represents that it and all of its <br />Subcontractors are currently registered and qualified to perform public work pursuant to <br />Labor Code Section 1725.5. Contractor covenants that any additional or substitute <br />Subcontractors will be similarly registered and qualified. <br /> <br />7.04 In entering into a public works contract or a subcontract to supply goods, services or <br />materials pursuant to a public works contract, Contractor or Subcontractor offers and <br />agrees to assign to the awarding body all rights, title and interest in and to all causes of <br />action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the <br />Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the <br />Business and Professions Code), arising from purchases of goods, services or materials <br />pursuant to the public works contract or the subcontract. This assignment shall be made <br />and become effective at the time City tenders final payment to Contractor, without further <br />acknowledgment by the parties. <br /> <br />7.05 Copies of the general prevailing rates of per diem wages for each craft, classification, or <br />type of worker needed to execute the Contract, as determined by Director of the State of <br />California Department of Industrial Relations, are on file at the City’s Public Works <br />Department, may be obtained from the California Department of Industrial Relations <br />website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed <br />included in the Contract Documents, and shall be made available to any interested party <br />on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor <br />Code Section 3700, every contractor will be required to secure the payment of <br />compensation to his employees. Contractor represents that it is aware of the provisions of <br />Labor Code Section 3700 that require every employer to be insured against liability for <br />workers’ compensation or to undertake self-insurance in accordance with the provisions <br />of that Code, and Contractor shall comply with such provisions before commencing the <br />performance of the Work of the Contract Documents. <br /> <br />7.06 This Agreement and the Contract Documents shall be deemed to have been entered into <br />in the County of San Mateo, State of California, and governed in all respects by California <br />law (excluding choice of law rules). The exclusive venue for all disputes or litigation <br />hereunder shall be in the Superior Court for the County of San Mateo. <br /> <br />7.07 ASSIGNMENT <br />
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