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a. General Liability and Bodily Injury Insurance. Commercial general liability <br /> insurance with limits of at least $1,000,000 combined limit for bodily injury and property damage that <br /> provides that the City, its officers, employees and agents are named additional insureds under the policy as <br /> evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall further <br /> state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as <br /> primary insurance for work performed by Contractor and its subcontractors, and that no other insurance <br /> effected by City or other named insured will be called on to cover a loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not less <br /> than $1,000,000 per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of <br /> Contractor's employees shall be in strict compliance with State laws, including a waiver of subrogation and <br /> Employer's Liability Insurance with limits of at least $1,000,000. <br /> For work or services deemed public works, by signing this Agreement, Contractor is <br /> certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of <br /> Section 3700 of the Labor Code which require every employer to be insured against liability for workers' <br /> compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will <br /> comply with such provisions before commencing the performance of the work of this Contract." <br /> d. Certificate of Insurance. Contractor shall file a certificate of insurance and <br /> endorsements with the City prior to the City's execution of this Agreement. The certificate of insurance <br /> shall provide that the insurance afforded by this certificate shall not be suspended, voided, canceled, reduced <br /> in coverage or in limits without providing thirty (30) days prior written notice by certified mail, return <br /> receipt requested, has been given to the City. In addition, the insured shall provide thirty (30) days prior <br /> written notice to the City of any suspension, cancellation, reduction of coverage or in limits, or voiding of <br /> the insurance coverage required by this agreement. The City reserves the right to require complete certified <br /> copies of policies. <br /> e. Subcontractors. Contractor shall include all subcontractors as insured under its <br /> policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br /> subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited <br /> to naming additional insureds. <br /> £ Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against <br /> the City, its officers, employees and agents. <br /> g. Defense Costs. Coverage shall be provided on a"pay on behalf of'basis, with <br /> defense costs payable in addition to policy limits. There shall be no cross liability exclusions. <br /> 6. Independent Contractor. The Contractor is an independent contractor retained by the City. <br /> All personnel employed by the Contractor, including subcontractors, and personnel of subcontractors, are <br /> not and shall not be employees of the City. <br /> Page 2 of 16 <br />