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02
City of Pleasanton
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CITY CLERK
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2009
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051909
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02
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5/14/2009 2:40:52 PM
Creation date
5/13/2009 4:49:23 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
5/19/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
02
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an employee of Consultant or its Subconsultants), expense, and liability to the extent caused by <br />the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone <br />employed by them, or anyone that they control (collectively "liabilities") in the performance of <br />its services under this Agreement. This indemnification shall extend for a reasonable period of <br />time after completion of the project as well as during the period of actual performance of <br />services under this Agreement. The City's acceptance of the insurance certificates required under <br />this Agreement does not relieve the Consultant from its obligation under this paragraph. To the <br />extent that there is an obligation to indemnify under this Section 13, Consultant shall be <br />responsible for incidental and consequential damages to the extent they resultfrom Consultant's <br />negligence, reckless or willful misconduct. <br />Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply <br />to the extent such Liabilities are caused by the sole negligence, active negligence or willful <br />misconduct of such Indemnitee. <br />14. Insurance. During the term of this Agreement, Consultant shall maintain in full <br />force and effect at its own cost and expense the following insurance coverage with insures with <br />an A.M. Best's rating of no less than A:VII: <br />a. General Liability and Bodily Injury Insurance. Commercial <br />general liability insurance with limits of at least $1,000,000 combined limit for bodily <br />injury and property damage that provides that the City, its officers, employees and agents <br />are named additional insureds under the policy. The policy shall state in writing either on <br />the Certificate of Insurance or attached rider that this insurance will operate as primary <br />insurance for work performed by Consultant and its subconsultants, and that no other <br />insurance effected by City or other named insured will be called on to cover a loss. <br />b. Automobile Liability Insurance. Automobile liability insurance with <br />limits not Tess than $1,000,000 per person/per occurrence. <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for <br />all of Consultant's employees, in strict compliance with State laws, including a waiver of <br />subrogation and Employer's Liability Insurance with limits of at least $1,000,000. <br />d. Professional Liability Insurance. Professional liability insurance in the <br />amount of $1,000,000. <br />c. Certificate of insurance. Consultant shall file a certificate of insurance <br />with the 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 provide in <br />writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, <br />reduced in coverage or in limits without providing thirty (30) days prior written notice by <br />certified mail, return receipt requested, has been given to the City. In addition, the insured shall <br />provide thirty (30) days prior written notice to the City of any suspension, cancellation, reduction <br />of coverage or in limits, or voiding of the insurance coverage required by this agreement. The <br />City reserves the right to require complete certified copies of policies. <br />Page 4 of 6 <br />
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