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insurance for work performed by Contractor and its subcontractors,and that no other insurance effected <br /> 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 than <br /> $2,000,000 per person/per occurrence. <br /> c. Workers'Compensation Insurance. Workers'Compensation Insurance for all of Contractor's <br /> 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 certifying, <br /> pursuant to Section 1861 of the California Labor Code,that: "I am aware of the provisions of Section <br /> 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 the City prior to <br /> the City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this <br /> Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this <br /> Certificate shall not be suspended,voided, canceled,reduced in coverage or in limits without providing <br /> notice to the City in accordance with California Insurance Code section 677.2,which requires the notice <br /> of cancellation to: 1)include the effective date of the cancellation;2)include the reasons for the <br /> cancellation; and 3)be given at least 30 days prior to the effective date of the cancellation,except that in <br /> the case of cancellation for nonpayment of premiums or for fraud,the notice shall be given no less than <br /> 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail,return receipt <br /> requested. In addition,the insured shall provide thirty(30)days prior written notice to the City of any <br /> cancellation, suspension,reduction of coverage or in limits,or voiding of the insurance coverage required <br /> by this agreement. The City reserves the right to require complete certified copies of policies. <br /> e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or <br /> 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 <br /> limited to naming additional insureds. <br /> f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, <br /> its officers,employees and agents. <br /> g. Defense Costs. Coverage shall be provided on a"pay on behalf of"basis,with defense costs <br /> payable in addition to policy limits. There shall be no cross-liability exclusions. <br /> 7. Independent Contractor. The Contractor is an independent contractor retained by the City.All <br /> personnel employed by the Contractor, including subcontractors,and personnel of subcontractors,are not <br /> and shall not be employees of the City. <br /> 8. Contractor's Warranty. Contractor shall bear the risk of loss or damage to any goods associated <br /> with the services until delivered to and accepted by City. Contractor further warrants that all work done, <br /> and goods provided under this Agreement shall: a)meet all conditions of the Agreement; b) shall be free <br /> from all defects in design,material and workmanship;and 3)shall be fit for the purposes intended.If any <br /> defects occur within the 12 months following acceptance,Contractor shall be solely responsible for the <br /> correction of those defects. <br /> 3 <br />