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04
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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060110
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04
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5/26/2010 4:45:46 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/1/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
04
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dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated <br />prevailing rates for any public work done under the Agreement by it or by any subcontractor. <br />11. Termination of Convenience of City. The City may terminate this Agreement at <br />any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed <br />terminated, and no further work shall be performed by Consultant. If the Agreement is so <br />terminated, the Consultant shall be paid for that percentage of the work actually completed at the <br />time the notice of termination is received. <br />12. Non Assignability. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation in the Agreement without the prior written consent of the <br />City, and then only upon such terms and conditions as City may set forth in writing. Consultant <br />shall be solely responsible for reimbursing subcontractors. <br />13. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold <br />harmless, the City and its officers, agents and employees from and against all claims, losses, <br />damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, <br />omissions, negligent or wrongful acts of the Consultant in the performance of its services under <br />this Agreement, regardless of whether the City has reviewed or approved the work or services <br />which has given rise to the claim, loss, damage, injury or liability for damages. This <br />indemnification shall extend for a reasonable period of time after completion of the project as <br />well as during the period of actual performance of services under this Agreement. The City's <br />acceptance of the insurance certificates required under this Agreement does not relieve the <br />Consultant from its obligation under this paragraph. <br />14. Insurance. During the term of this Agreement, Consultant shall maintain in full <br />force and effect at its own cost and expense the following insurance coverage with insures with <br />an A.M. Best's rating of no less than A: VII: <br />a. General Liability and Bodily Injury Insurance. Commercial <br />general liability insurance with limits of at least $1,000,000 combined limit for bodily <br />injury and property damage that provides that the City, its officers, employees and agents <br />are named additional insureds under the policy. The policy shall state in writing either on <br />the Certificate of Insurance or attached rider that this insurance will operate as primary <br />insurance for work performed by Consultant and its subconsultants, and that no other <br />insurance effected by City or other named insured will be called on to cover a loss. <br />b. Automobile Liability Insurance. Automobile liability insurance with <br />limits not less than $1,000,000 per person/per occurrence. <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for <br />all of Consultant's employees, in strict compliance with State laws, including a waiver of <br />subrogation and Employer's Liability Insurance with limits of at least $1,000,000. <br />d. Professional Liability Insurance. Professional liability insurance <br />in the amount of $1,000,000. <br />Page 3 of 5 <br />
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