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August 2017 the base month. The only item that shall be subject to negotiation is the following:
<br />1. additional items of work
<br />2. new sites
<br />5. Method of Payment. As of the twentieth day of each month, Contractor may submit for review a request
<br />for payment, listing the amount and value of work actually performed during the preceding month, or part
<br />thereof. Upon the Park Maintenance Superintendent's review and approval, including adjustments if any,
<br />City shall make a progress payment to the Contractor.
<br />6. Incorporation of Contract Documents. This Contract expressly incorporates all terms and conditions
<br />contained in the documents listed in Section 1, above. In the event there is any conflict between this Contract
<br />and the Proposal, this Contract shall control.
<br />7. Indemnification. Contractor shall indemnify, save and hold harmless from and defend the City, its officers,
<br />agents, and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or
<br />liability arising from, or alleged to have arisen, from any acts or omissions of Contractor, its agents, sub-
<br />contractors, officials or employees, in connection with the execution of the work covered by this Contract,
<br />as it may be amended, except for the sole negligence or willful misconduct of the City. This entire
<br />indemnification provision shall survive termination or cancellation of this Contract.
<br />8. Insurance. During the term of this Contract, Contractor shall maintain in full force and effect at its own cost
<br />and expense the following insurance coverage:
<br />a. General Liability and Bodily Injury Insurance
<br />A commercial general liability insurance for at least $1,000,000 combined limit for bodily injury and
<br />property damage and provide that the City, its officers, employees and agents are named additional
<br />insured under the policy. The policy shall state in writing either on the Certificate of Insurance or
<br />attached 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 insured
<br />will be called on to cover a loss covered thereunder.
<br />b. Automobile Liability Insurance
<br />Automobile liability insurance in an amount not less than $1,000,000 per person/per occurrence.
<br />C. Workers' Compensation Insurance
<br />Workers' Compensation Insurance for all of Contractor's employees, in strict compliance with State
<br />laws, and Employers Liability Insurance with a limit not less than $1,000,000 to protect the City from
<br />any and all claims thereunder, including waiver of subrogation.
<br />d. Certificate of Insurance
<br />Contractor shall complete and file with the City prior to the City's execution of this Contract, and prior
<br />to engaging in any operation or activity set forth in this Contract, a Certificate of Insurance that shall
<br />provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled,
<br />reduced in coverage or in limits without providing thirty (30) days prior written notice by certified mail,
<br />return receipt requested, has been given to the City. In addition, the insured shall provide thirty (30)
<br />days prior written notice to the City of any suspension, cancellation, reduction of coverage or in limits,
<br />or voiding of the insurance coverage required by this Contract.
<br />e. The specific coverage obligations set forth in this Section 8 are minimums only, and the Contractor shall
<br />have the obligation to provide the minimum coverages stated in this Contract or such greater or broader
<br />coverage, if available in the Contractor's policies.
<br />9. Independent Contractor. The Contractor is an independent contractor retained by the City to perform the
<br />work described herein. All personnel employed by the Contractor, including subcontractors, and personnel
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