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<br /> c. City shall pay the contractor for all work performed based on the bid proposal, from
<br />RFP PWD 26.301, in Exhibit B. Each year includes a 15% contingency for unforeseen
<br />circumstances and related extra services as determined necessary by the City. Payment of such
<br />contingency funds is not guaranteed to Contractor unless the City requests such extra services.
<br />d. If extended by Amendment, the cost of each one-year term for rates may increase only
<br />by the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan
<br />Area (all items index; all urban consumers) for the twelve (12) month period ending
<br />in August each year as published by the Bureau of Labor Statistics, U.S. Department of Labor.
<br />e. Payment shall be made within (30) days of receipt of Contractor’s invoice and
<br />approval/acceptance by City staff.
<br /> f. If the prevailing wage for crafts or classifications subject to this Agreement changes
<br />during the term of this Agreement, the City will accept corresponding increases in Contractor’s
<br />hourly rates when sufficient documentation is received from the Contractor and verified with
<br />the Department of Industrial Relations.
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<br />4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its
<br />officers, agents and employees (“Indemnitees”), against any and all claims, costs, demands,
<br />causes of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any
<br />manner related to Contractor’s (includes Contractor’s employees, agents, or subcontractors)
<br />negligent act or omission, whether alleged or actual, regarding the work or services performed or
<br />caused to be performed pursuant to this Agreement and any amendments thereto. Contractor
<br />shall not, however, be obligated to indemnify Indemnitees from Claims arising from the sole
<br />negligence or willful misconduct of Indemnitees. This indemnification includes any claim that
<br />the materials or equipment provided under this Agreement, or any tool, article or process used,
<br />constitutes an infringement of any patent issued by the United States. This indemnification
<br />provision shall survive termination or cancellation of the Agreement.
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<br />5. Insurance. During the term of this Agreement, Consultant shall maintain in full force and
<br />effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating
<br />of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured,
<br />the minimum coverages identified below, or such greater or broader coverage for City, if
<br />available in the Contractor’s policies:
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<br />a. Commercial General Liability Insurance. Commercial general liability insurance at
<br />least as broad as Insurance Services Office (ISO) CG 00 01 for at least $2,000,000 per
<br />occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed operation
<br />aggregate for bodily injury and property damage. The policy shall include a per project or per
<br />location general aggregate endorsement. If a per project/location endorsement is not available,
<br />the limit for the general aggregate shall be doubled. The policy shall provide that the City, its
<br />officials, officers, employees, agents, and volunteers are named additional insureds as evidenced
<br />by an additional insured endorsement using ISO form CG 20 10 (or equivalent) for ongoing
<br />operations and satisfactory to the City Attorney. The policy shall allow and be endorsed primary
<br />insurance for work performed by Contractor and its subcontractors, and that no other insurance
<br />or self-insurance effected by City or other additional insured will be called on to contribute to or
<br />cover a loss covered thereunder. Coverage shall provide and be endorsed to include a waiver of
<br />subrogation in favor of the City and its officials, officers, employees, agents, and volunteers.
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<br />Docusign Envelope ID: 0CA1C663-FC9F-8542-829D-EE33675CC266Docusign Envelope ID: F7F9ED3E-EB07-824E-82A3-2EC213332F32
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