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3.2.8 Inadequate Performance. In addition to, or in lieu of, remedies provided in this
<br />Agreement or pursuant to law, if, in the judgment of the Director of Public Works or their
<br />designee, the level of maintenance falls below the standard of care set forth in Section 3.2.7
<br />and Contractor fails to remedy within 24 hours of notification, City shall have the right to
<br />withhold all or a portion of payment for work that is deemed inadequate pursuant to this
<br />Section.
<br />3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in
<br />compliance with all local, state and federal laws, rules and regulations in any manner affecting
<br />the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
<br />give all notices required by law. Contractor shall be liable for all violations of such laws and
<br />regulations to the extent arising from Contractor's performance of Services. If the Contractor
<br />performs any work contrary to such laws, rules and regulations, Contractor shall be solely
<br />responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its
<br />officials, directors, officers, employees and agents free and harmless, pursuant to the
<br />indemnification provisions of this Agreement, from any claim or liability to the extent arising out
<br />of any failure to comply with such laws, rules or regulations.
<br />3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or
<br />damage to any person or property. In carrying out its Services, the Contractor shall at all times
<br />be in compliance with all applicable local, state and federal laws, rules and regulations, and
<br />shall exercise all necessary precautions for the safety of employees appropriate to the nature of
<br />the work and the conditions under which the work is to be performed. Safety precautions as
<br />applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
<br />equipment and procedures; (B) instructions in accident prevention for all employees and
<br />subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
<br />confined space procedures, trenching and shoring, equipment and other safety devices,
<br />equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
<br />injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
<br />measures.
<br />3.2.11 Labor.
<br />3.2.11.1 Prevailing Wages. Contractor is aware of the requirements of California
<br />Labor Code Section 1720, et seq., and 1770, at seq., as well as California Code of
<br />Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
<br />payment of prevailing wage rates and the performance of other requirements on "public works"
<br />and "maintenance" projects. This project is a "maintenance" project and requires compliance
<br />with the Prevailing Wage Laws. Contractor agrees to fully comply with such Prevailing Wage
<br />Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers,
<br />employees and agents free and harmless from any claim or liability arising out of any failure or
<br />alleged failure to comply with the Prevailing Wage Laws. Notwithstanding the foregoing, in the
<br />event of a change in law, including but not limited to a change in applicable worker
<br />classifications pertaining to the Services as specified in Exhibit D, the City agrees to negotiate
<br />in good faith with Contractor to adjust the rates set forth in Exhibit B and Exhibit D in an
<br />amount commensurate with the cost of any such change. The City and Contractor shall not
<br />unreasonably withhold agreement to such compensation adjustment.
<br />3.2.11.2 Registration. Contractor and any subcontractor(s) of Contractor shall
<br />comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5
<br />requiring registration with the Department of Industrial Relations ("DIR").
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