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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022
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<br />s. Third-Party Certification – Proposer shall submit a listing of all third-party certifications
<br />such as ISO 9000 Series, ISO 14000 Series, etc.
<br />Safety
<br />Proposer shall be solely responsible for maintaining safety at all work sites. Proposer shall take
<br />all reasonable steps to ensure safety for both workers and visitors to the site(s) to include traffic
<br />control. Proposer will also be solely responsible to ensure that all OSHA requirements are met
<br />and a safety officer assigned to the project for the duration of this contract.
<br />Indemnification
<br />In order to protect City from liabilities associated with on-site activities, transportation, and
<br />inherent Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”)
<br />liabilities involving disposal, the Proposer should supply its own labor and transportation, and
<br />dispose of waste at only EPA-permitted disposal facilities. The Proposer must agree to assume
<br />generator status and be responsible for preparing and signing all manifests related to the City’s
<br />household hazardous collection and/or disposal facility.
<br />a. Proposer agrees to and shall defend, indemnify, and hold City, their employees, officers,
<br />and legal representatives (collectively, “City”) harmless for all claims, causes of action,
<br />liabilities, fines, and expenses (including, without limitation, attorney’s fees, court costs,
<br />and all other defense costs and interest), for injury, death, damage, or loss to persons
<br />or pro is immune from liability or not; and
<br />b. City’s and Proposer’s actual or alleged strict products liability or strict statutory liability,
<br />whether Proposer is immune from liability or not.
<br />c. Proposer shall defend, indemnify, and hold City harmless during the term of this
<br />Agreement and for four (4) years after this Agreement terminates. Proposer shall not
<br />indemnify City for City’s sole negligence.
<br />Release
<br />Proposer, its predecessors, successors, and assigns hereby release, relinquish, and discharge
<br />City, its agents, employees, officers, and legal representatives from any liability arising out of
<br />City’s sole and/or concurrent negligence and/or City’s strict products liability or strict statutory
<br />liability for any injury, including death or damage to persons or property, where such damage is
<br />sustained in connection with or arising out of performance under this contract.
<br />Insurance Requirements
<br />Proposer shall obtain and maintain insurance coverage in effect during the term of this Agreement
<br />as set forth below and shall furnish certificates of insurance showing City as an Additional Insured,
<br />in duplicate form, prior to the beginning of the Agreement. Each policy, except those for Worker’s
<br />Compensation and Employer’s Liability, must (1) name City as Additional Insured parties on the
<br />original policy and all renewals or replacements, and (2) contain an endorsement that the policy
<br />is primary to any other insurance available to the Additional Insured with respect to claims arising
<br />under the Agreement. Proposer’s failure to maintain the required insurance coverage at any time
<br />during the contract period may be grounds for City to suspend the contract and to withhold
<br />payment until insurance coverage is satisfactory. The issuer of any policy shall have a certificate
<br />of authority to transact insurance business in the State of California or have a Best’s rating of at
<br />least A and a Best’s Financial Size Category of Class VII or better, according to the most current
<br />edition of the Best’s Key Rating Guide, Property-Casualty United States.
<br />Standard insurance policies and minimum amounts required are as follows:
<br />Commercial General Liability insurance for bodily and personal injury (including death) and
<br />property damage
<br />Each occurrence not less than $1,000,000
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