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<br />shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all the requirements stated in this Agreement, including but <br />not limited to naming additional insureds. <br /> <br />8. Indeoendent Contractor. The Contractor is an independent contractor retained by the City to <br />perform the work described herein. All personnel employed by the Contractor, including <br />subcontractors, and personnel of said subcontractors, are not and shall not be employees of the <br />City. <br /> <br />9. Warrantv Against Defects. Contractor hereby warrants all work done and goods provided under <br />this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in <br />design, material and workmanship; and c) shall be fit for the purposes intended. If any defects <br />occur within said 12 months following acceptance, Contractor shall be solely responsible for the <br />correction of those defects. <br /> <br />10. Labor CodelPrevailing 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 <br />not less than the general prevailing rate of per diem wages for holidays and overtime work, for <br />each craft, classification or type of worker needed to execute the work under this Agreement shall <br />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 filed at <br />the City Clerk's Office and available for inspection. Contractor shall post, at each job site, a copy <br />of the prevailing rate of per 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 oflabor); 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 />II. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing notice to Contractor at the address <br />first stated above. Contractor shall be paid for that portion of goods provided I work <br />completed when notice is received. <br /> <br />b. Contractor shall not assign or transfer this Agreement. <br /> <br />c. If either City or Contractor waive a breach of this Agreement, such waiver shall not constitute <br />a waiver of other or succeeding breaches of this Agreement. <br /> <br />d. This Agreement constitutes the entire understanding of the parties. <br /> <br />e. This Agreement may only be modified by a writing signed by the authorized representatives <br />of both parties. <br /> <br />f. Contractor covenants that it has obtained all certificates, licenses, including a City Business <br />License, permits or the like required by any federal, state or local regulatory agency in order <br />to perform the work under this Agreement. <br /> <br />g. All work performed by Contractor under this Agreement shall be in accordance with <br />applicable federal, state and local requirements, including but no limited to environmental <br />