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5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and <br />expense limits no less than: <br />a. General Liability and Bodily Iniurv Insurance. A commercial general liability insurance <br />policy for at least $1,000,000 combined limit for bodily injury and property damage and <br />provide that the City, its officers, employees and agents are named additional insureds under <br />the policy. The policy shall state in writing either on the Certificate of Insurance or attached <br />rider thereof that this insurance will operate as primary insurance for work performed by <br />Contractor and its subcontractors, and that no other insurance effected by City or other named <br />insured will be called on to cover a loss. <br />b. Automobile Liability Insurance. Automobile liability insurance not less than $1,000,000 <br />per person/per occurrence. <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of <br />Contractor's employees, in strict compliance with State laws, including a waiver of <br />subrogation and Employer's Liability Insurance with limits of at least $1,000,000. <br />For services 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 of <br />Section 3700 of the Labor Code which require every employer to be insured against liability <br />for workers' compensation or to undertake self-insurance in accordance with the provisions of <br />that Code, and I will comply with such provisions before commencing the performance of the <br />work of this Contract." <br />d. Certificate of Insurance. Contractor shall complete and file with the City prior to the City's <br />execution of this Agreement, and prior to engaging in any operation or activity set forth in this <br />Agreement, a Certificate of Insurance that shall provide in writing that the insurance afforded <br />by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits <br />without providing thirty (30) days prior written notice by certified mail, return receipt <br />requested, to the City. In addition, the insured shall provide thirty (30) days prior written <br />notice to the City of any suspension, cancellation, 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 />e. Subcontractors. Contractor shall include all subcontractors as insured under its polices or <br />shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all the requirements stated in this Agreement, including but <br />not limited to naming additional insureds. <br />Independent Contractor. The Contractor is an independent contractor retained by the City to <br />perform the work described herein. All personnel employed by the Contractor, including <br />subcontractors, and personnel of said subcontractors, are not and shall not be employees of the <br />City. <br />7. Warranty against Defects. Contractor hereby warrants all work done and goods provided under <br />this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in <br />design, material and workmanship; and c) shall be fit for the purposes intended. If any defects <br />occur within said 12 months following acceptance, Contractor shall be solely responsible for the <br />correction of those defects. <br />8. 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 <br />not less than the general prevailing rate of per diem wages for holidays and overtime work, for <br />each craft, classification or type of worker needed to execute the work under this Agreement shall <br />be paid to all workers, laborers and mechanics employed in the execution of the work by the <br />