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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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022018
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2/15/2018 5:22:20 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/20/2018
DESTRUCT DATE
15Y
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coverage or in limits without providing notice to the City in accordance with California <br /> Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the <br /> effective date of the cancellation; 2) include the reasons for the cancellation; and 3)be given <br /> at least 30 days prior to the effective date of the cancellation, except that in the case of <br /> cancellation for nonpayment of premiums or for fraud, the notice will be given no less than <br /> 10 days prior to the effective date of the cancellation. Notice will be sent by certified mail, <br /> return receipt requested. In addition,the insured will provide thirty(30) days prior written <br /> notice to the City of any cancellation, suspension, reduction of coverage or in limits, or <br /> voiding of the insurance coverage required by this agreement. The City reserves the right to <br /> require complete certified copies of policies. <br /> e. Subcontractors. Contractor will include all subcontractors as insured under its policies or <br /> will furnish separate certificates and endorsements for each subcontractor. All coverage's for <br /> subcontractors will be subject to all of the requirements stated in this Agreement, including <br /> but not limited to naming additional insured's. <br /> f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the <br /> City, its officers, employees and agents. <br /> g. Defense Costs. Coverage will be provided on a"pay on behalf of'basis, with defense costs <br /> payable in addition to policy limits. There will be no cross liability exclusions. <br /> 6. Independent Contractor. The Contractor is an independent contractor retained by the City. All <br /> personnel employed by the Contractor, including subcontractors, and personnel of <br /> subcontractors, are not and will not be employees of the City. <br /> 7. Contractor's Warranty. Contractor will bear the risk of loss or damage to any goods associated <br /> with the services until delivered to and accepted by City. Contractor further warrants that all <br /> work done and goods provided under this Agreement will: a) meet all conditions of the <br /> Agreement; b) will be free from all defects in design, material and workmanship; and 3)will be <br /> fit for the purposes intended. If any defects occur within the 12 months following acceptance, <br /> Contractor will be solely responsible for the correction of those defects. <br /> 8. Labor Code/Prevailing Wages. The work performed under this Agreement is a"public work" <br /> and prevailing wage laws will apply. No less than the general prevailing rate of per diem wages, <br /> and not less than the general prevailing rate of per diem wages for holidays and overtime work, <br /> for each craft, classification or type of worker needed to execute the work under this Agreement <br /> will be paid to all workers, laborers and mechanics employed in the execution of the work by the <br /> Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate <br /> determination of the Director of the California Department of Industrial Relations will be filed at <br /> the City Clerk's Office and available for inspection. Contractor will post, at each job site, a copy <br /> of the prevailing rate of per diem wages. <br /> To the extent applicable, Contractor will comply with all requirements of the California Labor <br /> Code, including but not limited to, Labor Code sections: 1773.2 and 8 Calif. Code Reg. section <br /> 16451(d) (regarding posting wage determinations at each job site); section 1776 (regarding the <br /> Standard Service Agreement <br /> Page 3 of 6 <br />
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