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g. Defense Costs. Coverage shall be provided on a"pay on behalf of' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. 6. Independent Contractor. The Contractor is an independent contractor retained by the City. All personnel employed by the Contractor, including subcontractors, and personnel of subcontractors, are not and shall not be employees of the City. 7. Contractor's Warranty. Contractor shall bear the risk of loss or damage to any goods associated with the services until delivered to and accepted by City. Contractor further warrants that all work done and goods provided under this Agreement shall: a)meet all conditions of the Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 months following acceptance, Contractor shall be solely responsible for the-correction of those defects. 8. Labor Code/Prevailing Wages. The work performed under this 4gr emenf is a "public work" and prevailing wage laws shall apply. No less than the general prevailing rate of per.<diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the work by the Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the baifornia Department of Industrial Relations shall be filed at the City Clerk's Office and available for inspection. Contra9tor shall post,at each job site,a copy of the prevailing rate of per diem wages. ,T1 To the extent applicable, Contractor shall comply with allreguirements of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 and 8 Calif. Code\Reg. section 16451(d) (regarding posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day's work as 8 hours of labor); and section 1775 regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under'the-Ag&eement by it or by any subcontractor under Contractor. Contractors and Subcontractors are subject to a registration and annual renewal fee to the Department of Industrial Relations(DIR)per Senate Bill 854. Contractor herein certifies they are registered as eligible to bid and work on public works projects. . This Agreementjssubject to compliance monitoring and enforcement by the California Department of Industrial Relations, pursuant i Liabor Code sections 1771.1 and 1771.4 To insure compliance and complete understanding of the law regarding contractor registration and other requirements, the Contractor (and subcontractors) should, where questions exist, contact the Department of Industrial Relations prior to submission of bid. Responsibility for compliance with this Section rests with the Contractor and Subcontractors. For bids submitted on or afteusiaitn, 2015, and contracts entered into on or after April 1, 2015,the Bidder and its Subcontractors must be registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code, subject to limited legal exceptions under Labor Code section 1771.1. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work,unless currently registered and qualified to perform public work pursuant to Section 1725.5. A bid will not be accepted nor any contract entered into without proof that the bidder and its subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code Section 1725.5, subject to limited legal exceptions. For projects awarded on or after April 1, 2015, Contractor shall furnish the records specified in California Labor Code section 1776, including but not limited to the certified payrolls, directly to the Labor Commissioner. The Contractor shall furnish the records specified in California Labor Code section 1776 to the Labor Commissioner 3 ' Page