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<br />coverage required by this agreement. The City reserves the right to require complete certified <br />copies of policies. <br /> <br />e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or <br />shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated in this Agreement, including <br />but not limited to naming additional insureds. <br /> <br />f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, <br />its officers, employees and agents. <br /> <br />g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs <br />payable in addition to policy limits. There shall be no cross-liability exclusions. <br /> <br />6. Independent Contractor. The Contractor is an independent contractor retained by the City. All <br />personnel employed by the Contractor, including subcontractors, and personnel of subcontractors, <br />are not and shall not be employees of the City. <br /> <br />7. Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods associated <br />with the services until delivered to and accepted by City. Contractor further warrants that all work <br />done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) <br />shall be free from all defects in design, material and workmanship; and 3) shall be fit for the <br />purposes intended. If any defects occur within the 12 months following acceptance, Contractor <br />shall be solely responsible for the correction of those defects. <br /> <br />8. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” <br />and prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, <br />and not less than the general prevailing rate of per diem wages for holidays and overtime work, <br />for each craft, classification or type of worker needed to execute the work under this Agreement <br />shall be paid to all workers, laborers and mechanics employed in the execution of the work by the <br />Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate <br />determination of the Director of the California Department of Industrial Relations shall be <br />available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per <br />diem wages. <br /> <br />To the extent applicable, Contractor shall comply with all requirements of the California Labor <br />Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage <br />determinations at each job site); section 1776 (regarding the certification, maintenance, and <br />availability for inspection of payroll records); section 1777.5 (regarding employment of <br />apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 <br />(regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each <br />calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for <br />any public work done under the Agreement by it or by any subcontractor under Contractor. <br /> <br />9. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be <br />given in writing and conclusively shall be deemed served when delivered personally or on the <br />Docusign Envelope ID: E41A9441-EE8D-4D28-994C-F654472B83ACDocusign Envelope ID: 5619FDA5-F294-4609-A6B6-614BED03B25C