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09
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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032123
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09
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3/15/2023 4:57:38 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/21/2023
DESTRUCT DATE
15Y
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Agreement, or any tool, article or process used, constitutes an infringement of any patent <br /> issued by the United States. This indemnification provision shall survive termination or <br /> cancellation of the Agreement. <br /> 5. Insurance. During the term of this Agreement, Consultant shall maintain in full force <br /> and effect, at its own cost and expense, insurance coverages with insurers with an <br /> A.M. Best's rating of no less than A:VII. Contractor shall have the obligation to <br /> furnish City, as additional insured,the minimum coverages identified below, or such <br /> greater or broader coverage for City, if available in the Contractor's policies: <br /> a. General Liability and Bodily Injury Insurance. Commercial general liability <br /> insurance with limits of at least $2,000,000 combined limit for bodily injury and <br /> property damage that provides that the City, its officers, employees and agents are <br /> named additional insureds under the policy as evidenced by an additional insured <br /> 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 <br /> as primary insurance for work performed by Contractor and its subcontractors,and that <br /> no other insurance effected by City or other named insured will be called on to cover a <br /> loss. <br /> b. Automobile Liability Insurance. Automobile liability insurance with limits not <br /> less than $2,000,000 per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of <br /> Contractor's employees shall be in strict compliance with State laws,including a waiver <br /> of subrogation and 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 <br /> the provisions of Section 3700 of the Labor Code which require every employer to be <br /> insured against liability for workers' compensation or to undertake self-insurance in <br /> accordance with the provisions of that Code, and I will comply with such provisions <br /> 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 <br /> operation or activity set forth in this Agreement. The Certificate of Insurance shall <br /> provide in writing that the insurance afforded by this Certificate shall not be suspended, <br /> voided, canceled, reduced in coverage or in limits without providing notice to the City <br /> in accordance with California Insurance Code section 677.2, which requires the notice <br /> of cancellation to: 1) include the effective date of the cancellation; 2) include the <br /> reasons for the cancellation; and 3) be given at least 30 days prior to the effective date <br /> of the cancellation, except that in the case of cancellation for nonpayment of premiums <br /> or for fraud,the notice shall be given no less than 10 days prior to the effective date of <br /> the cancellation. Notice shall be sent by certified mail, return receipt requested. In <br /> addition, the insured shall provide thirty (30) days prior written notice to the City of <br /> any cancellation, suspension, reduction of coverage or in limits, or voiding of the <br />
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