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4. PREVAILING WAGES
<br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
<br />and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
<br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
<br />performance of other requirements on "public works" and "maintenance" projects. If the services
<br />being performed are part of an applicable "public works" or "maintenance" project, as defined by
<br />the Prevailing Wage Laws, and the total compensation is $'1,000 or more, Contractor agrees to
<br />fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
<br />City, its elected officials, officers, employees and agents free and harmless from any claim or
<br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws,
<br />5. INDEPENDENT CONTRACTOR
<br />Contractor shall, during the entire term of this Agreement, be construed to be an
<br />independent contractor and not an employee of the City. This Agreement is not intended nor shall
<br />it be construed to create an employer-eniployce relationship, a joint venture relationship, or to
<br />allow the City to exercise discretion or control over the professional manner in which Contractor
<br />performs the services which are the subject matter of this Agreement; however, the services to be
<br />provided by Contractor shall be provided in a mariner consistent with all applicable standards and
<br />regulatiorxs governing such services. Contractor shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable with'hold:ing taxes,
<br />6. OWNERSHIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual 'license for City to copy, use,
<br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
<br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
<br />authorship fixed in any tangible medium of expression, including but not limited to, physical
<br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
<br />caused to be prepared by Contractor tinder this Agreement ("Documents & Data"). Contractor
<br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and
<br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
<br />Contractor represents and warrants that Contractor has the legal right to license any and all
<br />Documents & Data. Contractor makes no such representation and warranty in regard to
<br />Documents & Data which were provided to Contractor by the City. City shall not be limited in
<br />any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall be at. City's sole risk.
<br />INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain
<br />and shall require its subcontractors, if Bury, to obtain and maintain insurance as described below:
<br />a. Commercial. General Liability Insurance. Contractor shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
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