Agmt13 Bay Area Coating Consultants, Inc.

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a 6. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from and against all claims, demands, damages or costs arising from Contractor's negligent errors, acts or omissions or willful misconduct with respect to Contractor's work performed pursuant to this Agreement. The foregoing obligation of Contractor shall not apply to the extent the claims, demands, damages or costs arise out of the negligence of City. 7. Insurance.Throughout the term of this Agreement,Contractor shall obtain and maintain, at its own expense, the minimum insurance coverage set forth below. The City and its elected officials,officers,and employees shall be named as additional insureds on all policies. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. All insurance required by this section is to be placed with insurers with a Bests'rating of no less than A:VII. (a) Statutory Worker's Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly for Contractor with limits not less than$1,000,000. (b) Commercial General and Automobile Liability insurance in an amount not less than$1,000,000 per occurrence. If applicable, Contractor shall not allow any subcontractors to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor in the amounts indicated herein. 8. Nondiscrimination and Eaual Onnortunitv. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race,religion,creed, color,national origin, sex, sexual orientation or age. 9. Labor Code Prevailin�Wa�e. To the extent applicable, contractor shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices,workers' compensation and prevailing wages. No less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers,laborers and mechanics employed in the execution of the work by the Contractor or any subcontractor doing or contracting to do any part of the work.The appropriate determination of the Director of the California Deparhnent of Industrial Relations shall be filed with, and available for inspection at the City officers. Contractor shall post, at each job site, a copy of the prevailing rate of per diem wages. The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor. ATTY/AGR/2013.115/BAY AREA COATING CONSULTANTS,INC. REV:07-12-13 VR , Page 2 of 5