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15
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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031913
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15
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3/12/2013 5:15:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/19/2013
DESTRUCT DATE
15Y
DOCUMENT NO
15
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11. 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 /> 12. 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 Iniury Insurance. Commercial general liability <br /> insurance with limits of at least $1,000,000 combined limit for bodily injury and property <br /> damage that provides that the City, its officers, employees and agents are named additional <br /> insureds under the policy as evidenced by an additional insured endorsement satisfactory to the <br /> City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached <br /> rider that this insurance will operate as primary insurance for work performed by Consultant and <br /> its sub consultants, and that no other insurance effected by City or other named insured will be <br /> called on to cover a loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not <br /> less than $1,000,000 per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for all <br /> of Consultant's employees and subcontractors, in strict compliance with State laws, including a <br /> waiver of subrogation and Employer's Liability Insurance with limits of at least$1,000,000. <br /> d. Certificate of Insurance. Consultant shall file a certificate of insurance with the <br /> City prior to the City's execution of this Agreement, and prior to engaging in any operation or <br /> activity set forth in this Agreement. The Certificate of Insurance shall provide ir writing that the <br /> insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in <br /> coverage or in limits without providing thirty (30) days prior written notice by certified mail, <br /> return receipt requested, has been given to the City. In addition, the insured shall provide thirty <br /> (30)days prior written notice to the City of any suspension, cancellation, reduction of coverage <br /> or in limits, or voiding of the insurance coverage required by this agreement. The City reserves <br /> the right to require complete certified copies of policies. <br /> e. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation <br /> against the City, its officers, employees and agents. <br /> Page 3 of 5 <br />
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