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<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 in <br />limits without providing notice to the City in accordance with California Insurance Code section <br />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. Adequacy of Coverage. <br /> <br />City reserves the right to modify these insurance requirements/coverages based on the nature of <br />the risk, prior experience, insurer, or other special circumstances. <br /> <br />f. Subcontractors. <br /> <br />Contractor shall include all subcontractors as insured under its policies or shall furnish <br />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 />g. Waiver of Subrogation. <br /> <br />The insurer agrees to waive all rights of subrogation against the City, its officers, employees <br />and agents. <br /> <br />h. Defense Costs. <br /> <br />Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition <br />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, <br />are not 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 services until delivered to and accepted by City. Contractor further warrants that all <br />work done and goods provided under this Agreement shall: a) meet all conditions of the <br />Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be <br />fit for the purposes intended. If any defects occur within the 12 months following acceptance, <br />Contractor shall be solely responsible for the correction of those defects. <br /> <br />9. Labor Code/Prevailing Wages. The services performed under this Agreement are a “public <br />work” and prevailing wage laws shall apply. No less than the general prevailing rate of per diem <br />wages, and not less than the general prevailing rate of per diem wages for holidays and overtime <br />work, for each craft, classification or type of worker needed to perform the services under this <br />Docusign Envelope ID: 747370BD-6177-8716-832E-12F48085F3BE