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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2008
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041508
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13
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4/10/2008 1:36:04 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/15/2008
DESTRUCT DATE
PERMANENT
DOCUMENT NO
13
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providing maintenance for a period of one year following acceptance by the City <br />of the Improvements. <br />In the event of any breach (such as work not completed within the time provided by this <br />Agreement, or not completed to City standards) by Austin, the City will call upon the bond(s) <br />provided by Westbrook. <br />9. Warranty Against Defects. Austin shall by written contract require that <br />Westbrook warrant to the City that all materials and equipment furnished shall be new, unless <br />otherwise specified, and that all work performed on the Improvements shall be performed in a <br />good and workmanlike manner and in conformance with the City-approved improvement plans <br />and any related specification. Westbrook warrants all work done under this Agreement against <br />all defects in materials and workmanship for a period of 12 months following City's acceptance <br />of the Improvements. If any defects arise within 12 months of acceptance of the Improvements, <br />the City shall provide prompt written notice of all defects to Austin. Austin, by contract shall require <br />Westbrook to promptly make the necessary corrections. Westbrook agrees to supply City with all <br />existing warranty and guarantee documents relative to any equipment and materials incorporated <br />in the work. <br />10. Worker's Compensation. Before commencing work under this Agreement, <br />Austin through Westbrook shall maintain during the course of this Agreement, such Worker's <br />Compensation insurance as required by the laws of the State of California. <br />11. Hold Harmless. Austin shall hold harmless, defend, and indemnify the City, its <br />elective and appointive Boards, Commissions, officers, agents, and employees harmless from <br />any liability for damage or claims for damage for personal injury, including death, as well as <br />from claims from property damage which may arise from the negligent act or omissions of <br />Austin and Westbrook, or their subcontractors, agents and employees, arising out of or under this <br />Agreement. City does not, and shall not, waive any rights against Austin which it may have by <br />reason of the aforesaid hold harmless provisions because of the acceptance by the City or the <br />deposit with the City by Austin, of any of the insurance policies described herein. <br />12. Insurance. Westbrook shall provide, or cause to be provided, the liability <br />insurance coverage required by the City and fulfill the following: <br />a. Provide a Certificate of Insurance issued to the City of Pleasanton from his <br />insurance carrier providing proof of Workers' Compensation and Policy <br />Number. Except if the Acting General Contractor is not Westbrook, then <br />the General Contractor will provide the City with the said Certificate of <br />Workers' Compensation Insurance prior to start of construction. The <br />duration of this insurance shall include the one year maintenance period. <br />b. Provide a Certificate of Insurance from his insurance carrier showing the <br />amount of General Liability and Property Damage coverage with <br />Insurance coverage of at least the following amounts: <br />GENERAL LIABILITY <br />
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