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4. Incorporation of Contract Documents. This Contract expressly incorporates all terms and
<br /> conditions contained in the Light Pole Replacement Hansen Park at 5697 Black Avenue,
<br /> Pleasanton Request for Bids. In the event there is any conflict between this Contract and the Bid,
<br /> this Contract shall control.
<br /> 5. Indemnification. Contractor shall indemnify, save and hold harmless from and defend the City,
<br /> its officers, agents, and employees, against any and all claims, costs, demands, causes of action,
<br /> suits,losses,expense or liability arising from,or alleged to have arisen, from any acts or omissions
<br /> of Contractor, its agents, sub-contractors,officials or employees, in connection with the execution
<br /> of the work covered by this Contract, as it may be amended, except for the sole negligence or
<br /> willful misconduct of the City. This entire indemnification provision shall survive termination or
<br /> cancellation of this Contract.
<br /> 6. Insurance. During the term of this Contract, Contractor shall maintain at its own cost and expense
<br /> the following insurance coverage with insurers with an A.M. Best's rating of no less than A: VII:
<br /> a. General Liability and Bodily Injury Insurance. A commercial general liability insurance
<br /> for at least $1,000,000 combined limit for bodily injury and property damage and provide that the
<br /> City,its officers,employees and agents are named additional insureds under the policy. The policy
<br /> shall state in writing either on the Certificate of Insurance or attached rider thereof that this
<br /> insurance will operate as primary insurance for work performed by Contractor and its
<br /> subcontractors, and that no other insurance effected by City or other named insured will be called
<br /> on to cover a loss.
<br /> b. Automobile Liability Insurance. Automobile liability insurance not less than $1,000,000 per
<br /> person/per occurrence.
<br /> c. Workers'Compensation Insurance. Workers'Compensation Insurance for all of Contractor's
<br /> employees, in strict compliance with State laws, including a waiver of subrogation and
<br /> Employer's Liability Insurance with limits of at least $1,000,000.
<br /> For services deemed public works, by signing this contract, Contractor is certifying, pursuant
<br /> to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section
<br /> 3700 of the Labor Code which require every employer to be insured against liability for
<br /> workers' compensation or to undertake self-insurance in accordance with the provisions of that
<br /> Code, and I will comply with such provisions before commencing the performance of the work
<br /> 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 Contract, and prior to engaging in any operation or activity set forth in this
<br /> Contract, a Certificate of Insurance that shall provide in writing that the insurance afforded by
<br /> 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, has been given to the City. In addition, the insured shall provide thirty (30) days
<br /> prior written notice to the City of any suspension, cancellation, reduction of coverage or in
<br /> limits, or voiding of the insurance coverage required by this contract. The City reserves the
<br /> right to require complete certified copies of policies.
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