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06
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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011513
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06
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1/8/2013 12:07:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/15/2013
DESTRUCT DATE
15Y
DOCUMENT NO
06
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calendar day or portion thereof for each worker paid less than the stipulated prevailing <br /> rates for any public work done under the Agreement by it or by any subcontractor. <br /> 10. Termination of Convenience of City. City may terminate this Agreement <br /> at any time by mailing a notice in writing to Consultant. The Agreement shall then be <br /> deemed terminated, and no further work shall be performed by Consultant. If the <br /> Agreement is so terminated, Consultant shall be paid for that percentage of the work <br /> actually completed at the time the notice of termination is received. <br /> 11. Non-Assignability. Consultant shall not assign, sublet, or transfer this <br /> Agreement or any interest or obligation in the Agreement without the prior written <br /> consent of City, and then only upon such terms and conditions as City may set forth in <br /> writing. Consultant shall be solely responsible for reimbursing subcontractors. <br /> 12. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and <br /> hold harmless, City and its officers, agents, and employees from and against all claims, <br /> losses, damage, injury, and liability for damages arising from, or alleged to have arisen <br /> from, errors, omissions, negligent, or wrongful acts of Consultant in the performance of <br /> its services under this Agreement, regardless of whether City has reviewed or approved <br /> the work or services which has given rise to the claim, loss, damage, injury, or liability <br /> for damages. This indemnification shall extend for a reasonable period of time after <br /> completion 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 required <br /> under this Agreement does not relieve the Consultant from its obligation under this <br /> paragraph. <br /> 13. Insurance. During the term of this Agreement, Consultant shall maintain in <br /> full force and effect at its own cost and expense the following insurance coverage with <br /> 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 City, its officers, employees, <br /> and agents are named additional insureds under the policy. The policy shall <br /> state in writing either on the Certificate of Insurance or attached rider that this <br /> insurance will operate as primary insurance for work performed by Consultant <br /> and its subconsultants, and that no other insurance effected by City or other <br /> 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 <br /> for all of Consultant's employees, in strict compliance with State laws, including a waiver <br /> of subrogation and Employer's Liability Insurance with limits of at least 51,000,000. <br /> Page 3 of 6 <br />
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