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9. Related Contracts and Proceedings. Any prior contracts between City and Owner and any prior approvals by
<br /> City staff,Commissions or Council of City shall not be affected by the provisions of this Agreement unless specific
<br /> modification is set forth herein.
<br /> 10. Defects. Owner shall be liable for defects in workmanship and materials on all of the above described
<br /> improvements and,as security for liability against such defects, Owner shall file improvement or maintenance
<br /> security with the City Clerk,of a type approved by the City Attorney, in the amount of ten(10)percent of the total
<br /> estimated cost set forth above for a period of one(1)year after City Council acceptance.
<br /> 11. Workers'Compensation. Before commencing work under this contract,Owner shall take out and maintain
<br /> during the course of this Agreement, such worker's compensation insurance as required by the laws of the State of
<br /> California. If the Acting General Contractor is not the Owner,then the General Contractor will provide the City
<br /> with said certificate of worker's compensation insurance prior to start of construction.
<br /> 12. Hold Harmless Agreement. Owner hereby agrees to and shall indemnify,defend and hold harmless the City,
<br /> its elective and appointive officials,Commissions,officers,agents,and employees(collectively the"indemnities"),
<br /> harmless from any liability for damage or claims for damage for personal injury, including death,as well as from
<br /> claims from property damage which may arise,or allege to arise,from Owner's,Owner's contractors',
<br /> subcontractors',agents',or employees'operation under this Agreement in performance of the work on the site. In
<br /> addition to the above:
<br /> A. That City does not,and shall not,waive any rights against Owner which it may have by reason of the
<br /> aforesaid hold-harmless agreement,because of the acceptance by City,or the deposit with City by Owner,
<br /> of any of the insurance policies described herein.
<br /> B. That the aforesaid hold-harmless agreement by Ownershall apply to all damages and claims for damages of
<br /> every kind suffered,or alleged to have been suffered, by reason of any of the work referred to in this
<br /> Agreement,regardless of whether or not City has prepared,supplied or approved of,plans or specifications
<br /> for the work,or regardless of whether or not such insurance policies shall have been determined to be
<br /> applicable to any of such damages or claims for damages.
<br /> 13. Insurance. Owner further agrees to fulfill the following:
<br /> A. Provide a Certificate of Insurance issued to the City of Pleasanton from its insurance carrier providing
<br /> proof of Workers'Compensation as required by California law and Policy Number. If the General
<br /> Contractor is not the Owner,then the General Contractor will also provide the City with the said Certificate
<br /> of Workers'Compensation Insurance prior to start of work.
<br /> B. Provide a Certificate of Insurance from its insurance carrier showing the amount of General Liability and
<br /> Property Damage coverage with Insurance coverage of at least the following amounts:
<br /> GENERAL LIABILITY
<br /> General Bodily Injury of$2,000,000 Per Occurrence
<br /> General Property Damage of$1,000,000 Per Occurrence,
<br /> AUTOMOBILE LIABILITY
<br /> Bodily Injury of$1,000,000
<br /> Per Person/$1,000,000 Per Occurrence
<br /> Property Damage of$ 1,000,000 Per Occurrence or
<br /> Combined Single Limit on Bodily Injury and
<br /> Property Damage Liability of$I,000,000.
<br /> C. All insurance companies affording coverage to the Ownershall be required to add the City of Pleasanton as
<br /> an"additional insured" under the insurance policy by endorsement for all work performed in accordance
<br /> with this Agreement, excluding workers' compensation insurance.
<br /> Improvement Agreement—Tract 8139 Page 3 of 5
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