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08
City of Pleasanton
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2010
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060110
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08
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5/26/2010 4:53:06 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/1/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
08
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d. Certificate of Insurance <br /> Contractor shall complete and file with the City prior to the City's execution of this <br /> Agreement for Contract Services, and prior to engaging in any operation or activity set forth in <br /> this Agreement for Contract Services, a Certificate of Insurance that shall provide in writing that <br /> the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in <br /> 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 <br /> (30) days prior written notice to the City of any suspension, cancellation, reduction of coverage <br /> or in limits, or voiding of the insurance coverage required by this Agreement for Contract <br /> Services. <br /> By signing this Agreement for Contract Services, Contractor is certifying, pursuant to Section <br /> 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the <br /> Labor Code which require every employer to be insured against liability for workers' <br /> compensation or to undertake self insurance in accordance with the provisions of that Code, and <br /> I will comply with such provisions before commencing the performance of the work of this <br /> Contract." <br /> 11. Independent Contractor. The Contractor is an independent contractor retained by the City to <br /> perform the work described herein. All personnel employed by the Contractor, including <br /> subcontractors, and personnel of said subcontractors, are not and shall not be employees of the <br /> City. <br /> 12. Warranty Against Defects. Contractor hereby warrants all work done under this contract <br /> against all defects in materials and workmanship for a period of 12 months following <br /> City's acceptance of said work. If any defects occur within said 12 months, Contractor <br /> shall be solely responsible for the correction of those defects. The Contractor shall <br /> correct, at its expense, all errors in the work that may be disclosed during the City's <br /> review of the Contractor's work. Should Contractor fail to make such correction in a <br /> reasonably timely manner, such correction shall be made by the City, and the cost thereof <br /> shall be charged to Contractor. <br /> 13. Acceptance of Final Payment Constitutes Release. The acceptance by Contractor of the <br /> final payment made under this Agreement for Contract Services shall operate as and be a <br /> release of the City from all claims and liabilities for compensation to Contractor for <br /> anything done, furnished, or relating to Contractor's work or services. Acceptance of <br /> payment shall be any negotiation of City's check or the failure to make a written extra <br /> compensation claim within ten (10) calendar days of the receipt of that check. However, <br /> approval or payment by the City shall not constitute, nor be deemed, a release of the <br /> responsibility and liability of Contractor, its employees, subcontractors, agents and <br /> Contractors for the accuracy and competency of the information provided and /or work <br /> performed; nor shall such approval or payment be deemed to be an assumption of such <br /> responsibility or liability by the City for any defect or error in the work prepared by <br /> Contractor, its employees, subcontractors, agents and Contractors. <br /> Street Light Maintenance Contract Contract No <br /> Agreement for Contract Services Page 3 <br />
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