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25D - AGMT - REWIRING STREET LIGHTS
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08/24/2011
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25D - AGMT - REWIRING STREET LIGHTS
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Last modified
1/3/2012 3:41:24 PM
Creation date
8/16/2011 10:27:58 AM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25D
Date
8/24/2011
Destruction Year
2016
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4. OWNERSHIP OF REPORTS AND DOCUMENTS <br />The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data <br />produced under this Agreement shall be delivered to, and become the property of City. Copies may be <br />made for Contractor's records but shall not be furnished to others without written authorization from City. <br />Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained <br />by City. <br />5. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor <br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an <br />employer-employee relationship or a joint venture relationship; however, the services to be provided by <br />Contractor shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Contractor's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the <br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and not contributory with respect to insurance or self-insurance programs maintained by the City; <br />and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage <br />for owned, hired and non-owned automobiles. <br />c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for <br />Workers Compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with <br />limits not less than One Million Dollars ($1,000,000.00) per accident. <br />d. If Contractor is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of not less than One <br />Million Dollars ($1,000,000.00) per claim. <br />this section: <br />The following requirements apply to the insurance to be provided by Contractor pursuant to <br />25D-4
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