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foregoing obligation of Contractor shall not apply to the extent the claims, demands, <br /> damages or costs arise out of the negligence of City. <br /> 7. Insurance. Throughout the term of this Agreement, Contractor shall <br /> obtain and maintain, at its own expense, the minimum insurance coverage set forth <br /> below. The City and its elected officials, officers, and employees shall be named as <br /> additional insureds on all policies. This Agreement is expressly contingent upon the <br /> insurance requirements being met, and this Agreement shall not be complete and no work <br /> may commence until Contractor has provided adequate proof of insurance. All insurance <br /> required by this section is to be placed with insurers with a Bests' rating of no less than <br /> A:VII. <br /> (a) Statutory Worker's Compensation Insurance and Employer's <br /> Liability Insurance for any and all persons employed directly or indirectly for Contractor <br /> with limits not less than$1,000,000. <br /> (b) Commercial General and Automobile Liability insurance in an <br /> amount not less than$1,000,000 per occurrence. <br /> If applicable, Contractor shall not allow any subcontractors to commence work on any <br /> subcontract until all insurance required of the Contractor has also been obtained for the <br /> subcontractor in the amounts indicated herein. <br /> 8. Nondiscrimination and Eaual Ounortunitv. During the performance of <br /> this Agreement, Contractor shall not discriminate against any employee or applicant for <br /> employment because of race, religion, creed, color, national origin, sex, sexual <br /> orientation or age. <br /> 9. Labor Code Prevailin�WaEe. To the extent applicable, contractor <br /> shall comply with the requirements of the California Labor Code including but not <br /> limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' <br /> compensation and prevailing wages. No less than the general prevailing rate of per diem <br /> wages for holidays and overtime work, for each craft, classification or type of worker <br /> needed to execute the work under this Agreement shall be paid to all workers, laborers <br /> and mechanics employed in the execution of the work by the Contractor or any <br /> subcontractor doing or contracting to do any part of the work. The appropriate <br /> determination of the Director of the California Department of Industrial Relations shall <br /> be filed with, and available for inspection at the City officers. Contractor shall post, at <br /> each job site, a copy of the prevailing rate of per diem wages. The Contractor shall <br /> forfeit fifry dollars($50.00) for each calendar day or portion thereof for each worker paid <br /> less than the stipulated prevailing rates for any public work done under the Agreement by <br /> it or by any subcontractor under Contractor. <br /> 10. Documents. If applicable, Contractor shall deliver to the City, on request <br /> of the City Manager, copies of all original papers, documents and any other materials, in <br /> electronic or any other form,prepared by Contractor pursuant to this Agreement. <br /> 11. Licenses. If a license of any kind, which term is intended to include <br /> evidence of registration, is required of Contractor, its employees, agents or subcontractors <br /> ATTY/AGR/2013.121/SMITH-EMERY($13,920.00) <br /> REV:07-23-13 VR <br /> Page 2 of 5 <br />