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<br />Page 5 of 7 <br /> <br />d. Professional Liability Insurance. Professional liability insurance in the <br />amount of $2,000,000. <br /> <br />e. Certificate of Insurance. Consultant shall file a certificate of insurance with <br />the City prior to the City’s execution of this Agreement, and prior to engaging in any operation <br />or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that <br />the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in <br />coverage or in limits without providing notice to the City in accordance with California <br />Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the <br />effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at <br />least 30 days prior to the effective date of the cancellation, except that in the case of cancellation <br />for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to <br />the effective date of the cancellation. Notice shall be sent by certified mail, return receipt <br />requested. In addition, the insured shall provide thirty (30) days prior written notice to the City <br />of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance <br />coverage required by this agreement. The City reserves the right to require complete certified <br />copies of policies. <br /> <br />f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation <br />against the City, its officers, employees and agents. <br /> <br /> g. Defense Costs. Coverage shall be provided on a “pay on behalf" of basis, <br />with defense costs payable in addition to policy limits. There shall be no cross liability <br />exclusions. <br /> <br /> h. Subconsultants. Consultant shall include all subconsultants as insured under <br />its polices or shall furnish separate certificates and endorsements for each subconsultant. All <br />coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, <br />including but not limited naming additional insureds. <br /> <br /> 15. Notices. All notices herein required shall be in writing and shall be sent by certified <br />or registered mail, postage prepaid, addressed as follows: <br /> <br />To Consultant: Swinerton Management & Consulting To City: <br /> 2001 Clayton Road, 7th Floor City Manager <br /> Concord, CA 94520 City of Pleasanton <br /> Attn: Bob Addiego P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> <br /> 16. Conformance to Applicable Laws. Consultant shall comply with all applicable <br />Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in <br />the employment of persons or in the provision of services under this Agreement on the basis of <br />any legally protected classification, including race, color, national origin, ancestry, sex or <br />religion of such person. <br /> <br />17. Licenses, Certifications, Copyrights and Permits. Prior to the City's execution of <br />this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this <br />DocuSign Envelope ID: 8DCED155-26EC-4BC5-878A-0047B2B1FC09Docusign Envelope ID: 9CF2A0FB-459D-4529-8AB6-8AD6E93EFA63