Climatec_Installation_Agreement 12102020

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City of San Leandro Installation Agreement Page 5 of 9 13. COMPLIANCE WITH LAWS. Climatec LLC shall comply with all applicable federal, state, and local laws and regulations. The laws of the State of California shall govern this Agreement. All licenses and permits required for the prosecution of the work shall be obtained and paid for by Climatec LLC. Purchaser agrees to provide Climatec LLC with the DIR project registration number within 5 days of execution of this agreement as required per statute. Climatec LLC’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. Climatec LLC, once notified of the breach shall have a reasonable opportunity to cure the breach. 14. DIR REGISTRATION OF CONTRACTOR AND SUBCONTRACTORS.A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. This Project is a public works project as defined in Labor Code section 1720. Each contractor bidding on this Project and all subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more information and up to date requirements, contractors are recommended to periodically review the DIR’s website at www.dir.ca.gov. Contractor shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its subcontractors throughout the term of the Agreement and in no event shall contractor be granted increased payment from the District or any time extensions to complete the Project as a result of contractor's efforts to maintain compliance with the Labor Code or any requirements implemented by the DIR. Failure to comply with these requirements shall be deemed a material breach of this Agreement and grounds for termination for cause. The contractor and all subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the City or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. The City reserves the right to withhold contract payments if the City is notified, or determines as the result of its own investigation, that contractor is in violation of any of the requirements set forth in Labor Code section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE) 15. VENUE. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 16. NO IMPLIED WAIVER OF BREACH. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 17. OTHER GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Climatec LLC and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program provided that any such requirements are revealed and agreed to prior to signing of the agreement. 18. LICENSES AND PERMITS. Climatec LLC represents and warrants to City that Climatec LLC and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Climatec LLC represents and warrants to City that Climatec LLC and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Climatec LLC and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. DocuSign Envelope ID: 1DDC1773-ED91-404B-97DD-AC3EFDBAD0DD