|
receive 100 percent of payments due under the agreement from time to time, without retention
<br />from any portion of the payment by the City, by depositing securities of equivalent value with
<br />the City in accordance with the provisions of Section 22300 of the California Public Contract
<br />Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose
<br />decision on valuation of the securities shall be final. Securities eligible for investment under
<br />this provision shall be limited to those listed in Section 16430 of the California Government
<br />Code.
<br />c. Time of Payment. Requests submitted promptly as of the 20th day of each month will be paid
<br />by the 10th day of the following month.
<br />5. 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
<br />of action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related
<br />to Contractor's (includes Contractor's employees, agents, or subcontractors) negligent act or
<br />omission, whether alleged or actual, regarding the work performed or caused to be performed
<br />pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be
<br />obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful
<br />misconduct of Indemnitees. This indemnification includes any claim that the materials or
<br />equipment provided under this Agreement, or any tool, article or process used, constitutes an
<br />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, Contractor shall maintain in full force and effect, at
<br />its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less than
<br />ANII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages
<br />identified below, 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
<br />damage that provides that the City, its officers, employees and agents are named as additional
<br />insureds underthe policy as evidenced by an additional insured endorsement satisfactory to
<br />the City Attorney. Thepolicy shall state in writing either on the Certificate of Insurance or
<br />attached rider that this insurancewill operate as primary insurance for work performed by
<br />Consultant and its subconsultants, and thatno other insurance effected by City or other named
<br />insured will be called on to cover a loss.
<br />b. Automobile fiat}ilitv litisurance. 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 />Consultant's employees, in strict compliance with State laws, including a waiver of
<br />subrogation andEmployer's Liability Insurance with limits of at least $1,000,000.
<br />For work 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
<br />of Section 3700 of the Labor Code which require every employer to be insured against
<br />
|