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Agenda Packet_2022-12-20
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Agenda Packet_2022-12-20
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Agenda Packet
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12/20/2022
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7. PROTECTION OF PERSONS AND PROPERTY <br />Contractor shall be responsible for initiating, maintaining, and supervising all safety <br />precautions and programs in connection with the performance of the Work. Contractor shall <br />be responsible for the safety of, and reasonable protection to prevent damage, injury, or loss to <br />(i) employees performing the Work and other persons who may be affected thereby, (ii) the <br />Work and materials and equipment to be incorporated therein, and (iii) other property at the <br />Work site or adjacent thereto, including without limitation hardscaping, landscaping, <br />structures and utilities not designated for removal, relocation, or replacement in the course of <br />construction. <br />8. PREVAILING WAGES <br />Contractor is aware of the requirements of California Labor Code Section 1720, et <br />seq.,and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et <br />seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the <br />performance of other requirements on "public works" and "maintenance" projects. Since <br />the Work is being performed as part of an applicable "public works" or "maintenance" <br />project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 <br />or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor <br />shall defend, indemnify and hold the City, its elected officials, officers, employees and <br />agents free and harmless from any claim or liability arising out of any failure or alleged <br />failure to comply withthe Prevailing Wage Laws <br />9. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, <br />orto allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, <br />the services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to employees and shall be responsible for all applicable withholding taxes. <br />10. INSURANCE <br />Coverage shall be at least as broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br />covering CGL on an "occurrence" basis, including products and completed operations, <br />property damage, bodily injury and personal & advertising injury with limits no less than <br />$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate <br />limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general <br />aggregate limit shall be twice the required occurrence limit. <br />City Council 5 16 — 10 12/20/2022 <br />
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