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6 <br /> <br />15. Independent Contractor. The Contractor is an independent contractor retained by the <br />City to perform the work described herein. All personnel employed by the Contractor, <br />including subcontractors, and personnel of said subcontractors, are not and shall not be <br />employees of the City. <br /> <br />16. Contractor’s Warranty. Contractor shall provide the City with warranties for Water <br />Meters and AMI components as specified in the Scope of Work and as set forth in Exhibit <br />C Kamstrup North America Product Warranty Model with Warranty for Serial Defects, <br />including any work that may be required of Contractor consistent with the warranties. <br /> <br />17. Labor Code/Prevailing Wages. For any installation of Water Meters or labor required <br />to support the AMI system, under the Scope of Work, Exhibit A under this Agreement is <br />considered “public work” and prevailing wage laws shall apply to the Prime Contractor <br />and their designated subcontractor(s). No less than the general prevailing rate of per diem <br />wages, and not less than the general prevailing rate of per diem wages for holidays and <br />overtime work, for each craft, classification or type of worker needed to execute the work <br />under this Agreement shall be paid to all workers, laborers and mechanics, electricians, <br />employed in the execution of the work by the Contractor or any subcontractor doing or <br />contracting to do any part of the work. The appropriate determination of the Director of <br />the California Department of Industrial Relations shall be filed at the City Clerk’s Office <br />and available for inspection. Contractor shall post, at each job site, a copy of the <br />prevailing rate of per diem wages. <br /> <br />To the extent applicable, Contractor or there designated Subcontractor shall comply with <br />all requirements of the California Labor Code, including but not limited to, Labor Code <br />sections: 1773.2 (regarding posting wage determinations at each job site); section 1776 <br />(regarding the certification, maintenance, and availability for inspection of payroll <br />records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding <br />a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for <br />violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or <br />portion thereof for each worker paid less than the stipulated prevailing rates for any <br />public work done under the Agreement by it or by any subcontractor under Contractor <br /> <br />18. Certification re: Workers' Compensation. In accordance with Section 1861 of the <br />California Labor Code, each contractor to whom a public works contract is awarded shall <br />sign and file with the awarding body the following certification prior to performing the <br />work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code <br />which require every employer to be insured against liability for workers' compensation or <br />to undertake self-insurance in accordance with the provisions of that code, and I will <br />comply with such provisions before commencing the performance of the work of this <br />contract." <br /> <br />19. Department of Industrial Relations. Pursuant to Labor Code section 1771.1, the <br />Bidder and its Subcontractors must be registered and qualified to perform public work <br />pursuant to section 1725.5 of the Labor Code, subject to limited legal exceptions. <br /> <br />Page 201 of 443