Agmt24 McNabb Construction, Inc.

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6.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein. 6.02 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further 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. 6.03 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. 6.04 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. 6.05 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:/Iwww.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. 6.06 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. 6.07 ASSIGNMENT A. The p consent. Consent will not be given to any proposed assignment that would relieve erformance of the Contract may not be assigned except upon the City's prior wriften 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 ATTY/DOCS - AGREEMENT/CONSTRUCTION AGREEMENT REV: 11-21-23 SK 005200-3 AGREEMENT - JARDIN DE NINOS PARK EXPANSION PROJECT