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18
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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071619
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18
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7/11/2019 9:59:34 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/16/2019
DESTRUCT DATE
15Y
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in limits without providing notice to the City in accordance with California Insurance Code <br /> section 677.2 which requires the notice of cancellation to: 1) include the effective date of the <br /> cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior <br /> to the effective date of the cancellation, except that in the case of cancellation for nonpayment <br /> of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective <br /> date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In <br /> addition, the insured shall provide thirty (30) days prior written notice to the City of any <br /> cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance <br /> coverage required by this agreement. The City reserves the right to require complete certified <br /> copies of policies. <br /> e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or <br /> shall furnish separate certificates and endorsements for each subcontractor. All coverage's for <br /> subcontractors shall 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 City, <br /> its officers, employees and agents. <br /> g. Defense Costs. Coverage shall be provided on a "pay on behalf of" basis, with defense costs <br /> payable in addition to policy limits. There shall 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 subcontractors, <br /> are not and shall not be employees of the City. <br /> 7. Contractor's Warranty. Contractor shall bear the risk of loss or damage to any goods associated <br /> with the services until delivered to and acQepted by City. Contractor further warrants that all work <br /> done and goods provided under this Agreement-shall: a)meet all conditions of the Agreement; b) <br /> shall be free from all defects in design, material and workmanship; and 3) shall be fit for the <br /> purposes intended. If any defects occur within the 12 months following acceptance, Contractor <br /> shall 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 shall 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,prrpe of worker needed to execute the work under this Agreement <br /> shall be paid to all workers, laborers and mechanics employed in the execution of the work by the <br /> Contractor or any subcontractoroing or contracting to do any part of the work. The appropriate <br /> determination of the Director of the California Department of Industrial Relations shall be filed at <br /> the City Clerk's Office and available for inspection. Contractor shall post, at each job site, a copy <br /> of the prevailing rate of per diem wages. <br /> To the extent applicable, Contractor shall 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 /> Sample Standard Service Agreement <br /> Page 3 of 8 <br />
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