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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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041718
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07
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/17/2018
DESTRUCT DATE
15Y
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G. Subdivider shall provide a substitute certificate of insurance no later than thirty(30) days <br /> prior to the policy expiration date. Failure by the Subdivider to provide such a <br /> substitution and extend the policy expiration date shall be considered a default by <br /> Subdivider and may subject the Subdivider to a Stop Work Notice until the Subdivider <br /> has cured the default. <br /> H. Subdivider shall provide insurance that is primary as respects the City, its officers, <br /> employees, officials and agents. <br /> I. Maintenance of insurance by the Subdivider as specified in this Agreement shall in no <br /> way be interpreted as relieving the Subdivider of any responsibility whatever and the <br /> Subdivider may carry, at its own expense, such additional insurance as it deems <br /> necessary. <br /> J. The insurer shall agree to waive all rights of subrogation against the City, its officers, <br /> officials, employees, officials and agents for losses arising from work performed by the <br /> Subdivider. <br /> K. The insurer shall provide the amount of self-insured retention and City shall have the <br /> right to disapprove insurance coverage if it deems the self-insured retention exceeds <br /> reasonable deduction. <br /> 14. Compliance with Laws. Subdivider, its agents, employees, contractors and subcontractors <br /> shall comply with all federal, state and local laws in the performance of the work required by <br /> this Agreement. To the extent improvements to be constructed by Subdivider, or under the <br /> direction of Subdivider, pursuant to this Agreement are considered to be a public work requiring <br /> the payment of prevailing wages and compliance with other prevailing wage laws under Labor <br /> Code Sections 1720 et seq., Subdivider shall cause the contractor and subcontractors to pay <br /> prevailing wages and to comply with all other prevailing wage laws pursuant to California Labor <br /> Code Sections 1720 et seq. and implementing regulations of the California Department of <br /> Industrial Relations and comply with any other applicable provisions of Labor Code Sections <br /> 1720 et seq. and implementing regulations of the Department of Industrial Relations. Subdivider <br /> shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, <br /> employees and independent consultants from and against any third party claim, cause of action, <br /> administrative or judicial proceeding or enforcement action of any kind arising out of or resulting <br /> from Subdivider or its contractors and subcontractors' alleged or actual failure to comply with <br /> prevailing wage law. <br /> 15. Attorney's Fees. In the event that either party shall file and prevail in any action or suit for <br /> the enforcement of any of its rights under this Agreement, the non-prevailing party shall pay to <br /> the prevailing party reasonable attorney's fees and costs as may be fixed by the court on account <br /> thereof <br /> 16. Notices. All notices herein required shall be in writing and shall be delivered in person or <br /> sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as <br /> follows: <br /> Subdivision Agreement <br /> Tract 8259—Ponderosa Homes II,Inc. Page 6 of 7 <br />
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