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8E Consent 2009 0615
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8E Consent 2009 0615
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6/12/2009 9:36:50 AM
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6/12/2009 9:36:48 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/15/2009
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_CC Agenda 2009 0615
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0615
Reso 2009-084
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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such insurance that meets the requirements of this section and under forms of insurance <br />satisfactory in all respects to the City. Consultant shall maintain the insurance policies required <br />by this section throughout the term of this Agreement. Consultant acknowledges that the <br />insurance requirements set forth in this section constitute the minimum amount of coverage <br />required. Any insurance proceeds available to the City in excess of the limits and coverage <br />required in this agreement and which is applicable to a given loss, will be available to the City. <br />The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow <br />any subcontractor to commence work on any subcontract until Consultant has obtained all <br />insurance required herein for the subcontractor(s) and provided evidence thereof to City. <br />Verification of the required insurance shall be submitted and made part of this Agreement prior <br />to execution. No liability insurance coverage provided to comply with this Agreement shall <br />prohibit Consultant, or Consultant's employees or agents, from waiving the right of subrogation <br />prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the <br />applicability of any insurance proceeds and to require all contractors and subcontractors to do <br />likewise. None of the coverages required herein will be in compliance with these requirements if <br />they included limiting endorsements of any kind that has not been first submitted to City and <br />approved in writing. No liability policy shall contain any provision or definition that would serve <br />to eliminate so-called "third party action over" claims, including any exclusion for bodily injury <br />to an employee of the insured or of any contractor or subcontractor. For the purposes of applying <br />insurance coverages only, this Agreement will be deemed to have been executed immediately <br />upon any party hereto taking steps that can be deemed to be in furtherance of or toward <br />performance of this Agreement <br />4.2 Commercial General and Automobile Liability Insurance. <br />4.2.1 General requirements. Consultant, at its own cost and expense, shall <br />maintain commercial general and automobile liability insurance for the <br />term of this Agreement in an amount not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit <br />coverage for risks associated with the work contemplated by this <br />Agreement. 1f a Commercial General Liability Insurance or an <br />Automobile Liability form or other form with a general aggregate limit is <br />used, either the general aggregate limit shall apply separately to the work <br />to be performed under this Agreement or the general aggregate limit shall <br />be at least twice the required occurrence limit. Such coverage shall <br />include but shall not be limited to, protection against claims arising from <br />bodily and personal injury, including death resulting there from, and <br />damage to property resulting from activities contemplated under this <br />Agreement, including the use of owned and non-owned automobiles. <br />X4.2.2 Minimum scope of coverage. Commercial General <br />4.1 Workers' Compensation. Consultant shall, at its sole cost and <br />expense, maintain Statutory Workers' Compensation Insurance and <br />San Leandro Blvd-BART Interface Plan June, 2009 <br />4 of 38 <br />
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