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Invitation to Bid on "As Needed Services" <br /> constitutes an infringement of any patent issued by the United States. This indemnification provision shall <br /> survive termination or cancellation of the Agreement. <br /> 5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and <br /> expense the following insurance coverage with insurers with an A.M. Best's rating of no less than A:VII: <br /> 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 with <br /> the City prior to the City's execution of this Agreement, and prior to engaging in any operation or <br /> activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the <br /> insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage <br /> or in limits without providing notice to the City in accordance with California Insurance Code section <br /> 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) <br /> include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of <br /> the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the <br /> notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall <br /> be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) <br /> days prior written notice to the City of any cancellation, suspension, reduction of coverage or in <br /> limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to <br /> require complete certified 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 /> f. 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 /> 22 <br />