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18
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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082019
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
8/20/2019
DESTRUCT DATE
15Y
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coverages identified below, or such greater or broader coverage for City, if available in the Contractor's <br /> policies: <br /> a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with <br /> limits of at least$2,000,000 combined limit for bodily injury and property damage that provides that the <br /> City, its officers,employees and agents are named additional insureds under the policy as evidenced by an <br /> additional insured endorsement satisfactory to the City Attorney. The policy shall further state in writing <br /> either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance <br /> for work performed by Contractor and its subcontractors, and that no other insurance effected by City or <br /> other named insured will be called on to cover a loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not less than <br /> $2,000,000 per person/per occurrence. <br /> c. Workers'Compensation Insurance. Workers'Compensation Insurance for all of Contractor's <br /> employees shall be in strict compliance with State laws, including a waiver of subrogation and <br /> Employer's Liability Insurance with limits of at least$1,000,000. <br /> For work or services deemed public works,by signing this Agreement,Contractor is <br /> certifying,pursuant to Section 1861 of the California Labor Code,that: "I am aware of the provisions of <br /> Section 3700 of the Labor Code which require every employer to be insured against liability for workers' <br /> compensation or to undertake self-insurance in accordance with the provisions of that Code,and I will <br /> comply with such provisions before commencing the performance of the work of this Contract." <br /> d. Certificate of Insurance. Contractor 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 activity set <br /> forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded <br /> by this Certificate shall not be suspended,voided,canceled,reduced in coverage or in limits without <br /> providing notice to the City in accordance with California Insurance Code section 677.2,which requires <br /> the notice of cancellation to: 1)include the effective date of the cancellation;2)include the reasons for the <br /> cancellation; and 3)be given at least 30 days prior to the effective date of the cancellation,except that in <br /> the case of cancellation for nonpayment of premiums or for fraud,the notice shall be given no less than 10 <br /> days prior to the effective date of the cancellation. Notice shall be sent by certified mail,return receipt <br /> requested. In addition,the insured shall provide thirty(30)days prior written notice to the City of any <br /> cancellation, suspension,reduction of coverage or in limits,or voiding of the insurance coverage required <br /> by this agreement. The City reserves the right to require complete certified copies of policies. <br /> e. Subcontractors. Contractor shall include all subcontractors as insured under its <br /> policies or shall furnish separate certificates and endorsements for each subcontractor.All coverages for <br /> subcontractors shall be subject to all of the requirements stated in this Agreement, including but not <br /> limited to naming additional insureds. <br /> f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation <br /> against the City, its officers,employees and agents. <br /> g. Defense Costs. Coverage shall be provided on a"pay on behalf of'basis,with <br /> defense costs payable in addition to policy limits. There shall be no cross-liability exclusions. <br /> 6. Independent Contractor. The Contractor is an independent contractor retained by the City.All <br /> personnel employed by the Contractor, including subcontractors,and personnel of subcontractors,are not <br /> and shall not be employees of the City. <br />
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