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DocuSign Envelope ID: 893FD784-43FD-4679-97D8-5E800F326D50 <br />a. Payment shall be made within thirty (30) days of receipt of Contractor's invoice and approval <br />by City. <br />b. If the prevailing wage for crafts or classifications subject to this Agreement change during the <br />term of this Agreement, the City will accept corresponding increases in Contractor's hourly <br />rates when sufficient documentation is received from the Contractor and verified with the <br />Department of Industrial Relations. <br />4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, <br />agents, and employees ("Indemnities"), against any and all claims, costs, demands, causes of <br />action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to <br />Contractor's (includes Contractor's employees, agents, or subcontractors) negligent act or <br />omission, whether alleged or actual, regarding the work or services performed or caused to be <br />performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, <br />be obligated to indemnify Indemnities from claims arising from the sole negligence or willful <br />misconduct of Indemnities. This indemnification includes any claim that the materials or <br />equipment provided under this Agreement, or any tool, article, or process used, constitutes an <br />infringement of any patent issued by the United States. This indemnification provision shall <br />survive termination or cancellation of the Agreement. <br />5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and <br />expense the following insurance coverage with insurers with an A.M. Best's rating of no less than <br />A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum <br />coverages identified below, or such greater or broader coverage for City, if available in the <br />Contractor's policies: <br />a. General Liability and Bodil�lnjury Insurance. Commercial general liability insurance with <br />limits of at least $2,000,000 combined limit for bodily injury and property damage that <br />provides that the City, its officers, employees, and agents are named additional insured's under <br />the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. <br />The policy shall further state in writing either on the Certificate of Insurance or attached rider <br />that this 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 <br />called on to cover a loss. <br />b. Automobile Liability Insurance. Automobile liability insurance with limits not less than <br />$2,000,000 per person/per occurrence. <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of the <br />Contractor's employees shall be 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 work or 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 />