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REV: 06-24-2021 MI <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 />volunteers (collectively “Indemnitees”) from and against all claims, damages, <br />losses and expenses including attorney fees (collectively “Losses”) arising out of <br />the performance of the Services, caused or claimed to be caused by the acts, <br />errors and/or omissions of Consultant, or any Consultant Personnel or anyone for <br />whose acts any of them may be liable (collectively, “Responsible Parties”). <br />Consultant’s responsibilities under this Section 11 include liability arising from, <br />connected with, caused by, or claimed to be caused by the active or passive <br />negligent acts or omissions of City, which may be in combination with the acts or <br />omissions of any Responsible Party, provided that Consultant’s duty to Indemnify <br />will not include any Losses arising from the sole negligence or willful misconduct <br />of City. <br />11.2 Notwithstanding Consultant’s obligation to defend City hereunder, City has <br />the right to conduct its own defense and seek reimbursement for reasonable costs <br />of defense from Consultant, if City chooses to do so. <br />ATTY/AGR.2021.151/Albion (Page 3 of 11)