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<br /> 3) Naming the City/Agency and its/their councils, officers, boards, commissions,
<br /> employees and agents, as additional insureds; and
<br /> 4) Providing that CM/GC's insurance coverage shall be primary insurance with
<br /> respect to City/Agency, its/their councils, o�cers, boards, commissions, employees and agents,
<br /> and any insurance or self-insurance maintained by City/Agency or Agency for itself, its Council,
<br /> officers, boards, commissions, employees or agents shall be excess of CM/GC's insurance and
<br /> not contributory with it.
<br /> 5) The insurer shall waive all rights of subrogation against the City/Agency and its/
<br /> their councils, officers, boards, commissions, employees and agents, for losses arising from the
<br /> Project.
<br /> D. Workers' Compensation. In accordance with the provisions of Section 1861 of the
<br /> California Labor Code, the CM/GC in signing this Agreement certifies to City/Agency as true the
<br /> following statement:
<br /> "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
<br /> to be insured against Iiability for workers' compensation or to undertake self-insurance in
<br /> accordance with the provisions of that Code, and I will comply with such provisions before
<br /> commencing the performance of the work of this Contract."
<br /> E. Trade Contractors' Insurance. CM/GC shall be responsible for, and shall obtain and �
<br /> provide evidence of, insurance coverage for all Trade Contractors with the coverages, limits,
<br /> endorsements, and certificates set forth above. All such evidence for a particular Trade
<br /> Contractor shall be filed with the City/Agency before that Trade Contractor begins work on the
<br /> Project. Should any Trade Contractor's policy be cancelled before final completion of the Work
<br /> performed by that Trade Contractor, and should CM/GC fail to immediately procure other
<br /> insurance as herein required, then City/Agency may procure such insurance and deduct the
<br /> cost thereof from the amount due the CM/GC.
<br /> Section 20. COMPLIANCE WITH LABOR LAWS• CM/GC and Trade Contractors shall
<br /> comply with all applicable provisions of the California Labor Code, including but not limited to
<br /> Labor Code Sections 6705, 6707, 7104,1720, 1735, 1770, 1811, and 1860.
<br /> Section 21. COVENANT AGAINST CONTINGENT FEES: CM/GC hereby warrants that
<br /> CM/GC has not employed or retained any company or person, other than a bona fide employee
<br /> working for CM/GC, to solicit or secure this Agreement, and CM/GC has not paid or agreed to
<br /> pay any company or person, other than a bona fide employee, any fee, commission,
<br /> percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from
<br /> Atty/Ag r/2005.003
<br /> 030805/L.Beck/607588v7 Page 14 of 30
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