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4-20-22 04 -Ala 580 PM 19.9 <br />with respect to the operation and maintenance of STATE highways and local <br />facilities different from the standard of care imposed by law. <br />8.2. Neither CITY nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done <br />by, under or in connection with any work, authority or jurisdiction conferred upon <br />STATE under this Agreement. It is understood and agreed that STATE shall fully <br />defend, indemnify and save harmless CITY and all of their officers and employees <br />from all claims, suits or actions of every name, kind and description brought forth <br />under, including, but not limited to, tortious, contractual, inverse condemnation <br />or other theories or assertions of liability occurring by reason of anything done or <br />omitted to be done by STATE under this Agreement. <br />8.3. Neither STATE nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done <br />by CITY under or in connection with any work, authority or jurisdiction conferred <br />upon CITY under this Agreement. It is understood and agreed that CITY shall fully <br />defend, indemnify and save harmless STATE and all of its officers and employees <br />from all claims, suits or actions of every name, kind and description brought forth <br />under, including but not limited to, tortious, contractual, inverse condemnation <br />or other theories or assertions of liability occurring by reason of anything done or <br />omitted to be done by CITY under this Agreement. <br />9. PREVAILING WAGES: <br />9.1. Labor Code Compliance- If the work performed under this Agreement is done <br />under contract and falls within the Labor Code section 1720(a) (1) definition of a <br />"public works" in that it is construction, alteration, demolition, installation, or repair; <br />or maintenance work under Labor Code section 1771. CITY must conform to the <br />provisions of Labor Code sections 1720 through 1815, and all applicable <br />provisions of California Code of Regulations found in Title 8, Chapter 8, <br />Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements <br />in its contracts for public works. Work performed by CITY'S own forces is exempt <br />from the Labor Code's Prevailing Wage requirements. <br />9.2. Requirements in Subcontracts - CITY shall require its contractors to include <br />prevailing wage requirements in all subcontracts when the work to be performed <br />by the subcontractor under this Agreement is a "public works" as defined in Labor <br />Code Section 1720(a) (1) and Labor Code Section 1771. Subcontracts shall <br />include all prevailing wage requirements set forth in CITY's contracts. <br />3 <br />