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3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor <br />Code Section 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing <br />wage rates and the performance of other requirements on "public works contracts." If this is a <br />"public works contract" pursuant to the California Labor Code and if the total compensation is <br />$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of <br />the prevailing rate of per diem wages for each craft, classification or type of worker needed to <br />execute this Agreement shall be made available to interested parties upon request, and shall be <br />posted at the Project site. Contractor agrees to defend, indemnify and hold the City, its elected <br />officials, officers, employees and agents free and harmless, pursuant to the indemnification <br />provisions of this Agreement, from any claim or liability arising out of any failure or alleged <br />failure to comply with the Prevailing Wage Laws. <br />3.2.12 Bonds. <br />3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" <br />attached hereto and incorporated herein by reference, Contractor shall execute and provide to <br />City concurrently with this Agreement a Performance Bond in the amount of the total, not -to - <br />exceed compensation indicated in this Agreement, and in a form provided or approved by the <br />City. If such bond is required, no payment will be made to Contractor until it has been received <br />and approved by the City. <br />3.2.12.2 Payment Bond. If required by law or otherwise specifically requested <br />by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall <br />execute and provide to City concurrently with this Agreement a Payment Bond in the amount of <br />the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or <br />approved by the City. If such bond is required, no payment will be made to Contractor until it <br />has been received and approved by the City. <br />3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become <br />insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the <br />affected bond within 10 days of receiving notice from City. In the event the surety or Contractor <br />intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall <br />be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) <br />days prior to expiration of the original bonds. No further payments shall be deemed due or will <br />be made under this Agreement until any replacement bonds required by this Section are <br />accepted by the City. To the extent, if any, that the total compensation is increased in <br />accordance with the Agreement, the Contractor shall, upon request of the City, cause the <br />amount of the bonds to be increased accordingly and shall promptly deliver satisfactory <br />evidence of such increase to the City. To the extent available, the bonds shall further provide <br />that no change or alteration of the Agreement (including, without limitation, an increase in the <br />total compensation, as referred to above), extensions of time, or modifications of the time, <br />terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails <br />to furnish any required bond, the City may terminate this Agreement for cause. <br />RVPUBWGS529338 <br />