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4 <br /> <br />e. Adequacy of Coverage. City reserves the right to modify these insurance <br />requirements/coverages based on the nature of the risk, prior experience, insurer, or other <br />special circumstances. <br /> <br />f. 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 />g. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, <br />its officers, employees and agents. <br /> <br />h. 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 />7. 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, are not <br />and shall not be employees of the City. <br /> <br />8. Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods associated <br />with the work until delivered to and accepted by the City. Contractor further warrants that all work done, and <br />goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects <br />in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 <br />months following acceptance, Contractor shall be solely responsible for the correction of those defects. <br /> <br />9. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” and <br />prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, and not less <br />than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, <br />classification or type of worker needed to execute the work under this Agreement shall be paid to all <br />workers, laborers and mechanics, electricians, employed in the execution of the work by the Contractor or <br />any subcontractor doing or contracting to do any part of the work. The appropriate determination of the <br />Director of the California Department of Industrial Relations shall be filed at the City Clerk’s Office and <br />available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per diem <br />wages. <br /> <br />To the extent applicable, Contractor shall comply with all requirements of the California Labor Code, <br />including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job <br />site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll <br />records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work <br />as 8 hours of labor); and section 1775 (regarding penalties for violations). The Contractor shall forfeit fifty <br />dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated <br />prevailing rates for any public work done under the Agreement by it or by any subcontractor under <br />Contractor <br /> <br />10. Notices. All notices herein required shall be in writing and shall be sent by certified or registered <br />mail, postage prepaid, addressed as follows: <br /> <br />To Contractor: ______________________ <br /> <br /> <br />To City: <br /> <br /> <br />City Manager Wilson General Contracting Inc <br />Docusign Envelope ID: 28533DFB-8675-8793-83AC-54FA0C9BB6FA