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<br />that Code, and I will comply with such provisions before commencing the performance of the <br />work of this Contract." <br /> <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 <br />forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance <br />afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or <br />in limits without providing notice to the City in accordance with California Insurance Code <br />section 677.2 which requires the notice of cancellation to: 1) include the effective date of the <br />cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior <br />to the effective date of the cancellation, except that in the case of cancellation for nonpayment <br />of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective <br />date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In <br />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 <br />coverage required by this agreement. The City reserves the right to require complete certified <br />copies of policies. <br /> <br />e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall <br />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 <br />but not limited to naming additional insureds. <br /> <br />f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, <br />its officers, employees, and agents. <br /> <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 /> <br />6. 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, <br />are not and shall not be employees of the City. <br /> <br />7. 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 <br />done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) <br />shall be free from all defects in design, material and workmanship; and 3) shall be fit for the <br />purposes intended. If any defects occur within the 12 months following acceptance, Contractor <br />shall be solely responsible for the correction of those defects. <br /> <br />8. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” <br />and prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, <br />and not less than the general prevailing rate of per diem wages for holidays and overtime work, <br />for each craft, classification or type of worker needed to execute the work under this Agreement <br />shall be paid to all workers, laborers and mechanics employed in the execution of the work by the <br />Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate <br />Docusign Envelope ID: 29CD1AC6-77E1-40BC-A188-37C9FBC66BE6