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6.E. - Page 11 of 27 <br />8. Labor Code Prevailing Wage. To the extent required by law, Consultant will <br />comply with the requirements of the California Labor Code including but not limited to hours <br />of labor, nondiscrimination, payroll records, apprentices, workers' compensation and <br />prevailing wages. When prevailing wage rules are applicable, the following provisions <br />apply: <br />8.1. No less than the general prevailing rate of per diem wages for holidays and <br />overtime work, for each craft, classification or type of worker needed to execute the <br />Services under this Agreement will be paid to all workers, laborers and mechanics <br />employed in the execution of the Services by the Consultant or any subcontractor <br />doing or contracting to do any part of the Services. <br />8.2. The appropriate determination of the Director of the California Department of <br />Industrial Relations will be filed with and available for inspection at City offices. <br />8.3. Consultant will post, at each job site, a copy of the prevailing rate of per diem <br />wages. <br />8.4. The Consultant will forfeit fifty dollars ($50.00) for each calendar day or portion <br />thereof for each worker paid less than the stipulated prevailing rates for any public <br />work done under the Agreement by it or by any subcontractor under Consultant. <br />9. Subcontracting.. Consultant will not subcontract any portion of the Services without <br />prior written approval of the City Manager or their designee. If Consultant subcontracts any <br />of the Services, Consultant will be fully responsible to City for the subcontractor's acts and <br />omissions as Consultant is for the acts and omissions of persons directly employed by <br />Consultant. Such responsibility will include responsibility for the acts and omissions of the <br />subcontractor's officers, employees, consultants, subcontractors, and agents. Nothing <br />contained in this Agreement will create any contractual relationship between City and any <br />subcontractor, and Consultant will be responsible for paying subcontractors. Consultantwill <br />bind every subcontractor and every subcontractor of a subcontractor by the terms of this <br />Agreement that bind Consultant unless specifically noted to the contrary in the subcontract <br />and approved in writing by the City Manager or their designee. <br />10. Other Consultants. City reserves the right -to employ other consultants in connection <br />with the Services. <br />11. Indemnification. <br />11.1 Consultant will defend, indemnify and hold harmless (collectively "Indemnify") <br />City and its officers, boards and commissions, agents, employees and volunteers <br />(collectively "indemnitees") from and against all claims, damages, losses and <br />expenses including attorney fees (collectively "Losses") arising out of the <br />performance of the Services, caused or claimed to be caused by the acts, errors <br />and/or omissions of Consultant, or any Consultant Personnel or anyone for whose <br />REV: 11-1819 EI <br />ATTYIAGR.2019.2941TEC Accutite, Inc. (Page 3 of 19) 229 <br />