Laserfiche WebLink
the provisions of the Contract. Contractual and other liability insurance pro��ided under the <br /> Contract shall not contain a supervision, inspection or engineering services exclusion that �vould <br /> preclude the City from supervising and/or inspecting the services provided. The Contractor shall <br /> assume all on-the job responsibilitizs as to the control of persons directly employed by it and by <br /> any of its subcontractors. Nothing contained in the specifications shall be construed as creating <br /> any contractual relationship between any subcontractor and the City. The Contractor shnll be as <br /> fully responsible to the City for the acts and omissions of the subcontractors and of persons <br /> employed by them as it is for acts and omissions of person directly employed by it. Caution <br /> shall be exercised at all times for-the protection of persons (including employees) and property. <br /> The Contractor and all subcontractors are to comply with the Occupational Safety and Health <br /> Act of 1970, Public Law 91-596, as it may apply to the Contract, and to other Federal, State or <br /> local job safety and health standards. The City, its officers and employees shall be named as an <br /> "additional insured" in the General Liability policies and it shall be stated on the Insurance <br /> Certificate that this coverage "is primary to all other coverage the City may possess." If an <br /> "ACORD" Insurance Certificate form is used by the Contractor's insurance agent, the words, <br /> "endeavor to" and "...but failure to mail such notice shall impose no obligation or liability of any <br /> kind upon the company" in the "Cancellation" paragraph of the form shall be deleted or crossed <br /> out. Western also agrees to furnish the City with a certificate(s) of insurance. <br /> 6. Safety- To the extent possible, the City agrees to provide a safe and suitable place for <br /> Western's employees to perform their services, which place shall comply �vith all applicable <br /> statutes and ordinances relating to health and safety, and shall be similar to the places of work <br /> provided for the City's own employees performing similar or related work. The nature of the <br /> work performed by crossing guards is inherently dangerous and involves working conditions <br /> over which neither the City or the Contractor may have complete control. The work takes place <br /> outdoors and may involve ordinary hazards associated with travel and �vork in inclement <br /> weather. The City represents that it is in compliance with OSHA hazardous communications <br /> standards as �vell as right to know laws. The City agrees to notify Western immediately of the <br /> presence of any hazards or hazardous chemicals of which the City is aware in or near areas <br /> where Western employees are working or may be assigned to work. If a Western employee is <br /> injured during the assignment, the City shall notify the local Western office as soon as it <br /> becomes aware of any such situation. <br /> 7. Settlement Payment- The City recognizes that Western has expenses in maintaining a Staff <br /> staff (advertising, recruiting, testing, checking of licenses, references and health status, if <br /> applicable, etc.) and that if the City transfers one of Western's employees to its payroll to <br /> perform work similar to that completed under the contract, a settlement payment is in order, <br /> except in cases where the contract has been terminated, has expired, or as provided herein, and <br /> Western employees are subsequently hired by the City to provide crossing guard services. It is <br /> not the City's intention to hire Western employees as part of its regular employee force or to use <br /> Western's staff as a potential candidate pool for City employment. Western employees shall be <br /> free to apply for employment with the City for any position, but will not be accorded any <br /> inappropriate or undue preferences. <br /> Page 7 of 14 <br />