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REV: 04-08-2021 RL <br />7. Status of Consultant. Consultant will perform the Services as an independent <br />contractor and not as an employee of City. The persons used by Consultant to provide <br />services under this Agreement will not be considered employees of City for any purposes. <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 <br />hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation <br />and prevailing wages. When prevailing wage rules are applicable, the following <br />provisions 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 <br />the Services under this Agreement will be paid to all workers, laborers and <br />mechanics employed in the execution of the Services by the Consultant or any <br />subcontractor doing or contracting to do any part of the Services. <br />8.2. The appropriate determination of the Director of the California Department <br />of 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 <br />diem wages. <br />8.4. The Consultant will forfeit fifty dollars ($50.00) for each calendar day or <br />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 <br />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 <br />any of the Services, Consultant will be fully responsible to City for the subcontractor’s <br />acts and omissions as Consultant is for the acts and omissions of persons directly <br />employed by Consultant. Such responsibility will include responsibility for the acts and <br />omissions of the subcontractor’s officers, employees, consultants, subcontractors, and <br />agents. Nothing contained in this Agreement will create any contractual relationship <br />between City and any subcontractor, and Consultant will be responsible for paying <br />subcontractors. Consultant will bind every subcontractor and every subcontractor of a <br />subcontractor by the terms of this Agreement that bind Consultant unless specifically <br />noted to the contrary in the subcontract and approved in writing by the City Manager or <br />their designee. <br />10. Other Consultants. City reserves the right to employ other consultants in <br />connection with the Services. <br />11. Indemnification. <br />11.1 Consultant will defend, indemnify and hold harmless (collectively <br />“Indemnify”) City and its officers, boards and commissions, agents, employees and <br />ATTY/AGR.2021.075/Kimley-Horn (Roosevelt Quick-build Traffic Calming Project PS&E) (Page 3 of 17)