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1 ) <br />04 -SM -101 PM 6.20 <br />Redwood Creek Bike Trail in Redwood City <br />CITY to remove or itself remove TRAIL at CITY's sole expense and restore STATE's <br />right of way to its prior or a safe operable condition. CITY hereby agrees to pay said <br />STATE expenses, within thirty (30) days of receipt of billing by STATE. However, <br />prior to STATE performing any maintenance of TRAIL, STATE will provide written <br />notice to CITY to cure the default and CITY will have thirty (30) days within which <br />to affect that cure. <br />14.3. 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 by <br />STATE , under or in connection with any work, authority or jurisdiction conferred <br />upon STATE under this Agreement. It is understood and agreed that STATE shall <br />fully defend, indemnify and save harmless CITY 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 or <br />other theories or assertions of liability occurring by reason of anything done or <br />omitted to be done by STATE under this Agreement with the exception of those <br />actions of STATE necessary to cure a noticed default on the part of CITY. <br />14.4. 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 by <br />CITY under or in connection with any work, authority or jurisdiction conferred upon <br />CITY under this Agreement. It is understood and agreed that CITY shall fully defend, <br />indemnify and save harmless STATE and all of its officers and employees from all <br />claims, suits or actions of every name, kind and description brought forth under, <br />including but not limited to, tortious, contractual, inverse condemnation or other <br />theories or assertions of liability occurring by reason of anything done or omitted to <br />be done by CITY under this Agreement. <br />15. PREVAILING WAGES <br />15.1. Labor Code Compliance- If the work performed on this Project is done under contract <br />and falls within the Labor Code section 1720(a)(1) definition of a "public work" in <br />that it is construction, alteration, demolition, installation, or repair; or maintenance <br />work under Labor Code section 1771, CITY must conform to the provisions of Labor <br />Code sections 1720 through 1815, and all applicable provisions of California Code of <br />Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to <br />include prevailing wage requirements in its contracts for public work. Work <br />performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage <br />requirements. <br />15.2. Requirements in Subcontracts - CITY shall require its contractors to include <br />prevailing wage requirements in all subcontracts funded by this Agreement when the <br />work to be performed by the subcontractor is a "public work" as defined in Labor <br />Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all <br />prevailing wage requirements set forth in CITY's contracts. <br />4 <br />