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4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its
<br /> officers, agents and employees ("Indemnitees"), against any and all claims, costs, demands, causes of
<br /> action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to
<br /> Contractor's (includes Contractor's employees, agents, or subcontractors) negligent act or omission,
<br /> whether alleged or actual, regarding the work or services performed or caused to be performed pursuant
<br /> to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to
<br /> indemnify Indemnitees from Claims arising from the negligence or willful misconduct of Indemnitees.
<br /> This indemnification includes any claim that the materials or equipment provided under this Agreement,
<br /> or any tool, article or process used, constitutes an infringement of any patent issued by the United States.
<br /> This indemnification provision shall survive termination or cancellation of the Agreement.
<br /> 5. Insurance. During the term of this Agreement, Contractor shall maintain in full force and
<br /> effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no
<br /> less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, to the extent
<br /> of Contractor's indemnity obligations under this Agreement, the minimum coverages identified below,
<br /> or such greater or broader coverage for City, if available in the Contractor's policies:
<br /> a. General Liability and Bodily Injury Insurance. Commercial general liability
<br /> insurance with limits of at least$2,000,000 combined limit for bodily injury and property damage that
<br /> provides that the City, its officers, employees and agents are named additional insureds, to the extent of
<br /> Contractor's indemnity obligations under this Agreement, under the policy as evidenced by an additional
<br /> insured endorsement satisfactory to the City Attorney. The policy shall further state in writing either on
<br /> the Certificate of Insurance or attached rider that this insurance shall operate as primary insurance for
<br /> work performed by Contractor and its subcontractors, and that no other insurance effected by City or
<br /> other named insured shall be called on to cover a loss.
<br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not less
<br /> than$2,000,000 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
<br /> and 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
<br /> workers' compensation or to undertake self-insurance in accordance with the provisions of that Code,
<br /> and I will comply with such provisions before commencing the performance of the work of this
<br /> 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
<br /> or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that
<br /> the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in
<br /> coverage or in limits without providing notice to the City in accordance with California
<br /> Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the
<br /> effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at
<br /> least 30 days prior to the effective date of the cancellation, except that in the case of cancellation
<br /> for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to
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