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18
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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18
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1/8/2013 12:34:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/15/2013
DESTRUCT DATE
15Y
DOCUMENT NO
18
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nature and description (including, without limitation, incidental and consequential damages, <br /> court costs, attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses <br /> incurred in connection therewith and costs of investigation) arising from, or alleged to have <br /> arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, <br /> reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or <br /> indirectly employed by them, or anyone that they control (collectively "Liabilities") in the <br /> performance of its services under this Agreement, regardless of whether the City has reviewed or <br /> approved the work or services which has given rise to the claim, loss, cost, damage, injury or <br /> liability 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 under <br /> this Agreement. The City's acceptance of the insurance certificates required under this <br /> Agreement does not relieve the Consultant from its obligation under this paragraph. To the <br /> extent that there is an obligation to indemnify under this Section 13, Consultant shall be <br /> responsible for incidental and consequential damages resulting directly or indirectly, in whole or <br /> in part, from Consultant's negligence, reckless or willful misconduct. <br /> Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply <br /> to the extent such Liabilities are caused by the sole negligence, active negligence or willful <br /> misconduct of such Indemnitee. <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 in the <br /> amount of$1,000,000. <br /> e. Certificate of Insurance. Consultant shall file a certificate of insurance <br /> with the City prior to the City's execution of this Agreement, and prior to engaging in any <br /> operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in <br /> writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, <br /> Page 4of7 <br />
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