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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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071613
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08
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7/9/2013 4:29:59 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/16/2013
DESTRUCT DATE
15Y
DOCUMENT NO
08
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Consultant shall post, at each job site,a copy of the prevailing rate of per diem wages. Consultant shall <br /> forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the <br /> stipulated 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(hereafter"Claim"or collectively"Claims")for damages arising <br /> from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the <br /> Consultant in the performance of its services under this Agreement, regardless of whether the <br /> City has reviewed or approved the work or services which has given rise to the Claim. In the <br /> event the City is found by a court to be partially liable for a Claim, the City shall reimburse <br /> Consultant for its proportionate share of the reasonable costs of defense,based on the City's <br /> share of liability. 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. <br /> Consultant's liability hereunder shall be limited by the City to the amount of available coverage <br /> under Consultant's professional liability insurance and general liability insurance. <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 /> 5/13 Page 3 of 6 <br />
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