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3. Contract Renewal. It should be noted that the City and the Contractor shall retain the right to renew the signed Contract for additional one-year periods up to, but not exceeding, four additional years. This Contract may be renewed only by mutual agreement between the parties involved. Each party retains the right to not renew the contract at the time of its annual review. If the parties agree that the terms shall continue and provided that the base compensation amount is increased annually, beginning on July 1, 2012, by the change in the April Construction Cost Index for Northern California region, the only items that shall be subject to negotiation are the following: 1. Additional items of work; and 2. New mowing and/or edging sites. 4. Method of Payment. Progress Payments —As of the twentieth day of each month, Contractor may submit for review a request for progress payment, listing the amount and value of work actually performed during the preceding month, or part thereof. Upon the Park Superintendent's review and approval, including adjustments if any, City shall make a progress payment to the Contractor. 5. Incorporation of Contract Documents. This Contract expressly incorporates all terms and conditions contained in the Turfgrass Mowing and Edging Request for Proposal. In the event there is any conflict between this Contract and the Proposal, this Contract shall control. 6. Indemnification. Contractor shall indemnify, save and hold harmless from and defend the City, its officers, agents, and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or liability arising from, or alleged to have arisen, from any acts or omissions of Contractor, its agents, sub-contractors, officials or employees, in connection with the execution of the work covered by this Contract, as it may be amended, except for the sole negligence or willful misconduct of the City. This entire indemnification provision shall survive termination or cancellation of this Contract. 7. Insurance. During the term of this Contract, Contractor shall maintain at its own cost and expense the following insurance coverage with insurers with an A.M. Best's rating of no less than A:VII: a. General Liability and Bodily Injury Insurance. A commercial general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Contractor and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss.