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3 <br /> <br />subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. <br /> <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 />liability for workers' compensation or to undertake self-insurance in accordance with the <br />provisions of that Code, and I will comply with such provisions before commencing the <br />performance of the work of this Contract." <br /> <br />d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City <br />prior to the City’s execution of this Agreement, and prior to engaging in any operation or <br />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 <br />at least 30 days prior to the effective date of the cancellation, except that in the case of <br />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, <br />return receipt requested. In addition, the insured shall provide thirty (30) days prior written <br />notice to the City of any cancellation, suspension, reduction of coverage or in limits, or <br />voiding of the insurance coverage required by this agreement. The City reserves the right to <br />require complete certified copies of policies. <br /> <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 <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 />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 /> <br />8. Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods associated <br />with the work until delivered to and accepted by the City. Contractor further warrants that all work done, and <br />goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects <br />in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 <br />months following acceptance, Contractor shall be solely responsible for the correction of those defects. <br /> <br />9. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” and <br />prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, and not less <br />Docusign Envelope ID: 5BAAB023-F505-4D97-B8B7-10D2069DCBD0