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ATTACHMENT 1
<br /> deposited by the Contractor, shall be valued by the City, whose decision on valuation of the
<br /> securities shall be final. Securities eligible for investment under this provision shall be limited to those
<br /> listed in Section 16430 of the California Government Code.
<br /> c. Time of Payment. Requests submitted promptly as of the 20th day of each month will be paid by the 10th
<br /> day of the following month.
<br /> 5. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents and
<br /> employees("Indemnitees"),against any and all claims, costs,demands, causes of action, suits, losses, expenses, attorney's
<br /> fees,or liability, arising from or in any manner related to Contractor's(includes Contractor's employees, agents, or
<br /> subcontractors)negligent act or omission,whether alleged or actual,regarding the work or services performed or caused
<br /> to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not,however, be obligated to
<br /> indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees. This
<br /> indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool,article or
<br /> process used, constitutes an infringement of any patent issued by the United States. This indemnification provision shall
<br /> survive termination or cancellation of the Agreement.
<br /> 6. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect,at its own
<br /> cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less than A:VII. Contractor shall
<br /> have the obligation to furnish City, as additional insured,the minimum coverages identified below, or such greater or
<br /> broader coverage for City, if available in the Contractor's policies:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of
<br /> at least$2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers,
<br /> employees and agents are named additional insureds under the policy as evidenced by an additional insured endorsement
<br /> satisfactory to the City Attorney. The policy shall further state in writing either on the Certificate of Insurance or attached
<br /> rider that this insurance will operate as primary insurance for work performed by Contractor and its subcontractors,and
<br /> that no other insurance 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 than $2,000,000
<br /> 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 Employer's Liability
<br /> Insurance with limits of at least$1,000,000.
<br /> For work or services deemed public works,by signing this Agreement, Contractor is certifying, pursuant
<br /> to Section 1861 of the California Labor Code,that: "I am aware of the provisions of Section 3700 of the Labor Code
<br /> which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in
<br /> accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance
<br /> 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 Certificate
<br /> shall not be suspended, voided, canceled,reduced in coverage or in limits without providing notice to the City in
<br /> accordance with California Insurance Code section 677.2,which requires the notice of cancellation to: 1) include
<br /> the effective date of the cancellation; 2)include the reasons for the cancellation; and 3)be given at least 30 days
<br /> prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums
<br /> or for fraud,the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice
<br /> shall be sent by certified mail,return receipt requested. In addition,the insured shall provide thirty(30)days
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