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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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092121
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9/16/2021 9:21:22 AM
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9/16/2021 9:21:10 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/21/2021
DESTRUCT DATE
15Y
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action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to <br /> Contractor's (includes Contractor's employees, agents, or subcontractors) negligent act or <br /> omission, whether alleged or actual, regarding the work or services performed or caused to be <br /> performed pursuant to this Agreement and any amendments thereto. Contractor shall not,however, <br /> be obligated to indemnify Indemnities from claims arising from the sole negligence or willful <br /> misconduct of Indemnities. This indemnification includes any claim that the materials or <br /> equipment provided under this Agreement, or any tool, article or process used, constitutes an <br /> infringement of any patent issued by the United States. This indemnification provision shall <br /> survive termination or cancellation of the Agreement. <br /> 5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and <br /> expense the following insurance coverage with insurers with an A.M. Best's rating of no less than <br /> A:VII: <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 <br /> provides that the City, its officers, employees and agents are named additional insured's under <br /> the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. <br /> The policy shall further state in writing either on the Certificate of Insurance or attached rider <br /> that this insurance will operate as primary insurance for work performed by Contractor and its <br /> subcontractors, 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 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 certifying, <br /> 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 <br /> for workers'compensation or to undertake self-insurance in accordance with the provisions of <br /> that Code, and I will comply with such provisions before commencing the performance of the <br /> work of this Contract." <br /> d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City prior to <br /> 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 <br /> afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or <br /> in limits without providing notice to the City in accordance with California Insurance Code <br /> section 677.2 which requires the notice of cancellation to: 1) include the effective date of the <br /> cancellation; 2) include the reasons for the cancellation;and 3) be given at least 30 days prior <br /> to the effective date of the cancellation, except that in the case of cancellation for nonpayment <br /> of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective <br />
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