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<br />performed during the preceding month, or part thereof. Upon the Park Maintenance
<br />Superintendent's review and approval, including adjustments ifany, City shall make a progress
<br />payment to the Contractor.
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<br />5. Incorooration of Contract Documents. This Contract expressly incorporates all terms and
<br />conditions contained in the Miscellaneous Landscape Services proposal. In the event there is any
<br />conflict between this Contract and the Proposal, this Contract shall control.
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<br />6. Indemnification. Contractor shall indemnify, save and hold harmless from and defend the City, its
<br />officers, agents, and employees, against any and all claims, costs, demands, causes of action, suits,
<br />losses, expense or liability arising from, or alleged to have arisen, from any acts or omissions of
<br />Contractor, its agents, sub-contractors, officials or employees, in connection with the execution of
<br />the work covered by this Agreement, as it may be amended, except for the sole negligence or
<br />willful misconduct of the City. This indemnification includes any claim that the materials or
<br />equipment provided under this Agreement, or any tool, article or process used in manufacture of
<br />such tools or equipment, constitutes an infringement of any patent issued by the United States.
<br />This entire indemnification provision shall survive termination or cancellation of this Agreement.
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<br />7. Insurance. During the tem 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:
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<br />a. General Liabilitv and Bodilv Iniurv Insurance. A commercial general liability insurance
<br />for at least $ I ,000,000 combined limit for bodily injury and property damage and provide that
<br />the City, its officers, employees and agents are named additional insureds under the policy.
<br />The policy shall state in writing either on the Certificate of Insurance or attached rider thereof
<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.
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<br />b. Automobile Liabilitv Insurance. Automobile liability insurance not less than $1,000,000 per
<br />person/per occurrence.
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<br />c. Workers' ComDensation Insurance. Workers' Compensation Insurance for all of
<br />Contractor's employees, 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.
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<br />For services deemed public works, by signing this agreement, Contractor is certifying,
<br />pursuant to Section 186 I 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 />that Code, and I will comply with such provisions before commencing the performance of the
<br />work of this Contract."
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<br />d. Certificate of Insurance. Contractor shall complete and file with the City prior to the City's
<br />execution of this Agreement, and prior to engaging in any operation or activity set forth in this
<br />Agreement, a Certificate of Insurance that shall provide in writing that the insurance afforded
<br />by 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 agreement. The City reserves the
<br />right to require complete certified copies of policies.
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<br />e. Subcontractors. Contractor shall include all subcontractors as insured under its polices or
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