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Energy Services Agreement 10 04/21/2026 37. PREVAILING WAGES. If applicable, pursuant to California Labor Code section 1770 et seq., ESCO agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. ESCO shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same a s the applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of ESCO to comply with this section. 38. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE . This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ESCO shall post all job site notices required by regulation. ESCO, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of ESCO to comply with this section. 39. IMMIGRATION REFORM AND CONTROL ACT OF 1986. ESCO shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). ESCO represents and warrants that all of its employees and the employees of any subcontractor retained by ESCO who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. ESCO affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. ESCO agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement. 40. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date: CITY OF PLEASANTON CONSULTANT __________________________ By: __________________________ Gerry Beaudin, City Manager Signature ATTEST: __________________________ Print name __________________________ Jocelyn Kwong, City Clerk Its: __________________________ Title Approved as to form: Docusign Envelope ID: 2FACAA06-C000-8E3B-8363-DD2D556A0D51 President Steve Siverson Docusign Envelope ID: 8C132635-A597-8F5D-8082-3EB7B8AE19BF