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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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072010
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19
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7/14/2010 12:13:16 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/20/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
19
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wages. Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for <br /> each worker paid less than the stipulated prevailing rates for any public work done under the <br /> Agreement by it or by any subcontractor. <br /> 11. Termination of Convenience of City. The City may terminate this <br /> Agreement at any time by mailing a notice in writing to Consultant. The Agreement <br /> shall then be deemed terminated and no further work shall be performed by Consultant. <br /> If the Agreement is so terminated, the Consultant shall be paid for that percentage of <br /> the work actually completed at the time the notice of termination is received. <br /> 12. Non Assignability. The Consultant shall not assign, sublet, or transfer <br /> this Agreement or any interest or obligation in the Agreement without the prior written <br /> consent of the City, and then only upon such terms and conditions as City may set forth <br /> in writing. Consultant shall be solely responsible for reimbursing subcontractors. <br /> 13. Indemnity and Hold Harmless. Consultant shall defend, indemnify, <br /> and hold harmless, the City and its officers, agents and employees from and <br /> against all claims, losses, damage, injury, and liability for damages arising from, <br /> or alleged to have arisen from, errors, omissions, negligent or wrongful acts of <br /> the Consultant in the performance of its services under this Agreement, <br /> 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. <br /> This indemnification shall extend for a reasonable period of time after completion <br /> of the project as well as during the period of actual performance of services <br /> under this Agreement. The City's acceptance of the insurance certificates <br /> required under this Agreement does not relieve the Consultant from its obligation <br /> under this paragraph. <br /> 14. Insurance. During the term of this Agreement, Consultant shall maintain <br /> in full force and effect at its own cost and expense the following insurance coverage <br /> with insures with 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 <br /> bodily injury and property damage that provides that the City, its officers, <br /> employees and agents are named additional insureds under the policy. The <br /> policy shall state in writing either on the Certificate of Insurance or attached rider <br /> that this insurance will operate as primary insurance for work performed by <br /> Consultant and its subconsultants, and that no other insurance effected by City <br /> 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 <br /> Insurance for all of Consultant's employees, in strict compliance with State laws, <br />
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