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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, officers, 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.
<br />
<br />In accordance with the provisions of Section 1861 of the
<br />
<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 liability 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 />
<br />Section 20.
<br />
<br />COMPLIANCE WITH LABOR LAWS:
<br />
<br />CM/GC and Trade Contractors shall
<br />
<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 />
<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/Agr/2005.003
<br />030805/L. Beck/50? 588v?
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