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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES <br />FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS <br />This agreement for the installation of a Cummins generator and related electrical <br />equipment and components at the city of Redlands' Corporate Yard ("Agreement") is made and <br />entered in this 2nd day of November, 2021 ("Effective Date"), by and between the City of <br />Redlands, a municipal corporation ("City") and On Power Industries, LLC, a California limited <br />liability company ("Contractor") City and Contractor are sometimes individually referred to <br />herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises <br />contained herein, City and Contractor agree as follows. <br />11 <br />ARTICLE 1 — ENGAGEMENT OF CONTRACTOR <br />City hereby engages Contractor to perform to install a Cummins generator and related <br />electrical components services at City's Corporate Yard (the "Services") The specific <br />Services that Contractor shall perform are more particularly described in Exhibit "A," <br />titled "Scope of Services," which is attached hereto and incorporated herein by reference. <br />1.2 The Services shall be performed by Contractor in a professional manner, and Contractor <br />represents that it has the skill and the professional expertise necessary to provide the <br />Services to City at a level of competency presently maintained by other practicing <br />professional Contractors in the industry providing like and similar types of Services. <br />ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR <br />2.1 Contractor shall comply with all applicable federal, state and local laws and regulations <br />in the performance of the Services including, but not limited, to all applicable Labor <br />Code and prevailing wage laws and non-discrimination laws, including the Americans <br />with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing <br />rates of per diem wages as determined by the Director of the California Department of <br />Industrial Relations for each craft, classification or type of worker needed to undertake <br />the Services are on file at City's Municipal Utilities and Engineering Department, located <br />at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P 0 Box 3005), Redlands, <br />California 92373 <br />2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to <br />prevailing wages that City may enforce such provisions by withholding payments to <br />Contractor or its subcontractors pursuant to Labor Code section 1771 6 <br />2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the <br />Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall <br />provide the subcontractor with copies of the provisions of Labor Code sections 1771, <br />1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory <br />provisions establishing penalties for failure to comply with state wage and hour laws and <br />to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 <br />and 1813 <br />2 4 Contractor and its subcontractors shall comply with the provisions of Labor Code section <br />1 <br />L:\ca\djm\Agreements\On Power Industries Agreement.NPS-2.2.FY21-0041.doe.jn <br />