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15
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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060419
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/4/2019
DESTRUCT DATE
15Y
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b. Upon completion of work and acceptance by City, Contractor shall have sixty(60) <br /> days in which to submit final invoicing for payment. An extension may be granted by <br /> City upon receiving a written request thirty (30) days in advance of said time <br /> limitation. The City shall have no obligation or liability to pay any invoice for work <br /> performed which the Contractor fails or neglects to submit within sixty(60)days, or <br /> any extension thereof granted by the City, after the work is accepted by the City. <br /> 5. Changes. City may request changes in the scope of services to be provided by Contractor. <br /> Any changes and related fees shall be mutually agreed upon between the parties and subject to a <br /> written amendment to this Agreement. <br /> 6. Contractor's Status. In performing the obligations set forth in this Agreement, Contractor <br /> shall have the status of an independent contractor and Contractor shall not be considered to be an <br /> employee of the City for any purpose. All persons working for or under the direction of <br /> Contractor are its agents and employees and are not agents or employees of City. <br /> 7. Termination for Convenience of City. The City may terminate this Agreement at any time <br /> by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, <br /> and no further work shall be performed by Contractor. If the Agreement is so terminated,the <br /> Contractor shall be paid for that percentage of the work actually completed at the time the notice <br /> of termination is received. <br /> 8. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any <br /> interest or obligation in the Agreement without the prior written consent of the City, and then <br /> only upon such terms and conditions as City may set forth in writing. Contractor shall be solely <br /> responsible for reimbursing subcontractors. <br /> 9. Indemnity and Hold Harmless. Contractor shall defend, indemnify, and hold harmless,the <br /> City and its officers, agents and employees from and against all claims,losses, damage, injury, <br /> and liability for damages arising from,or alleged to have arisen from, errors, omissions, <br /> negligent or wrongful acts of Contractor(including its employees and/or subcontractors) or <br /> anything related to the performance of services under this Agreement, regardless of whether the <br /> City has reviewed or approved the work or services which has given rise to the claim, loss, <br /> damage, injury or liability for damages. This indemnification shall extend for a reasonable <br /> period of time after completion of the project as well as during the period of actual performance <br /> of services under this Agreement. The City's acceptance of the insurance certificates required <br /> under this Agreement does not relieve the Contractor from its obligation under this paragraph. <br /> 10. Insurance. During the term of this Agreement, Contractor 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: <br /> a. General Liability and Bodily Injury Insurance. Commercial general liability <br /> insurance with limits of at least $2,000,000 combined limit for bodily injury and property <br /> damage that provides that the City, its officers, employees and agents are named as additional <br /> insureds under the policy as evidenced by an additional insured endorsement satisfactory to the <br /> City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached <br /> 2IPage <br />
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