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Agmt24 Allegion Access Technologies LLC
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Agmt24 Allegion Access Technologies LLC
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Last modified
6/12/2024 10:38:59 AM
Creation date
6/12/2024 10:38:44 AM
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Agreement
PROJECT NAME
Emergency Lobby Door Replacement Project
RMP File Number
304.5
Date
6/5/2024
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<br /> <br /> 2024 Form CONTRACT <br /> Page 3 <br />9.2 Working Day. Pursuant to Labor Code § 1810, eight hours of labor consists of a legal <br />day’s work. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty the <br />sum of $25 for each day during which a worker employed by Contractor or any <br />subcontractor is required or permitted to work more than eight hours during any one <br />calendar day, or more than 40 hours per calendar week, unless such workers are paid <br />overtime wages pursuant to Labor Code § 1815. All Work must be carried out during <br />regular City working days and hours unless otherwise specified in Exhibit A or authorized <br />in writing by City. <br /> <br />9.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records <br />in compliance with Labor Code §§ 1776 and 1812, and all implementing regulations <br />promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, <br />Contractor and its subcontractors must certify under penalty of perjury that the information <br />in the record is true and correct, and that it has complied with the requirements of Labor <br />Code §§ 1771, 1811, and 1815. Contractor must electronically submit certified payroll <br />records to the Labor Commissioner as required under California law and regulations, <br />unless the Project is exempt pursuant to § Labor Code 1771.4(a)(4) and § 1725.5(f). (See <br />Section 3.2(A) of the Notice Inviting Bids.) <br /> <br />9.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the <br />apprenticeship requirements in Labor Code § 1777.5. <br /> <br />9.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance <br />monitoring and enforcement by the DIR pursuant to Labor Code § 1725.5, unless subject <br />to a small project exemption under the Labor Code and as otherwise specified in the <br />Contract Documents. <br /> <br />10. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, <br />Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require <br />every employer to be insured against liability for workers’ compensation or to undertake self- <br />insurance in accordance with the provisions of that code, and I will comply with such provisions <br />before commencing the performance of the Work on this Contract.” <br /> <br />11. Termination. <br /> <br />11.1 Termination for Convenience. City reserves the right to terminate all or part of the <br />Contract for convenience upon written notice to Contractor. Upon receipt of such notice, <br />Contractor must: immediately stop the Work, including under any terms or conditions that <br />may be specified in the notice; comply with City’s instructions to protect the completed <br />Work and materials; and use its best efforts to minimize further costs. In the event of City’s <br />termination for convenience, Contractor waives any claim for damages, including for loss <br />of anticipated profits from the Project. If City terminates the Contract for convenience, City <br />will only owe Contractor payment for the Work satisfactorily performed before Contract <br />termination, as well as five percent of the total value of the Work performed as of the date <br />of notice of termination or five percent of the value of the Work yet to be completed, <br />whichever is less, which is deemed to cover all overhead and profit to date. <br /> <br />11.2 Termination for Default. The City may terminate this Contract for cause for any material <br />default, which is not cured within the period specified in the City’s notice of default. <br />Contractor may be deemed in default for a material breach of or inability to perform the <br />Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper <br />materials, or equipment to perform the Work within the Contract Time; refusal or failure to <br />make prompt payment to its employees, subcontractors, or suppliers or to correct rejected <br />work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with <br />jurisdiction over the Project; lack of financial capacity to complete the Work within the <br />Contract Time; or responsibility for any other material breach of the Contract requirements.
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