Agmt24Pacific Coast Sales & Service, Inc. dba Pacific Coast Trane Controls

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Construction Services Agreement REV: 04-26-2021 PR 00 5205 - 6 understood and agreed that liability of City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 8.02 Pursuant to Labor Code Section 1771.1(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified. 8.03 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 8.04 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that 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 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 8.05 This Agreement and the Contract Documents shall be deemed to have been entered into in the County of San Mateo, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of San Mateo. 8.06 Assignment A. The performance of the Contract may not be assigned except upon the City’s prior written consent. Consent will not be given to any proposed assignment that would relieve the Contractor or surety of their responsibilities under the Contract Documents. B. Contractor may assign moneys due, or to become due under the Contract and such assignment may be recognized by the City, if given proper notice thereof, to the extent permitted by law. Any Contractor assignment of moneys due or to become due shall be subject to City’s right to all proper setoffs and to all deductions provided for in the Contract Documents and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein. 8.07 Electronic Signatures If all parties agree, electronic signatures may be used in place of original signatures on this agreement. Each party intends to be bound by the signatures on the electronic document, is aware that the other parties will rely on the electronic signatures, and hereby waives any defenses to the enforcement of the terms of this agreement based on the use of an electronic signature. After all parties agree to the use of electronic signatures, all parties must sign the document electronically. (Signature page follows)