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, Concurrently with the execution of this Agreement, Contractor shall furnish City with certificates and
<br /> copies of information or declaration pages of the insurance required hereunder and, with respect to
<br /> evidence of commercial general liability and automobile liability insurance coverage, original
<br /> endorsements:
<br /> (a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after City
<br /> shall have received written notification of cancellation or reduction in coverage by first class mail,
<br /> postage prepaid;
<br /> (b) Providing that Contractor's insurance shall apply separately to each insured against whom claim is
<br /> made or suit is brought, except with respect to the limits of the insurer's liability (cross liability
<br /> endorsements);
<br /> (c) Naming City, its Council, commissions, boards, committees, officers, employees and agents as
<br /> additional insureds; and
<br /> (d) Providing that Contractor's insurance shall be primary insurance relating to Contractor's work
<br /> hereunder with respect to City, its Council, commissions, boards, committees, officers, employees
<br /> and Agents, and further providing that any insurance or self-insurance maintained by City for itself, its
<br /> Council, commissions, boards, committees, officers, employees and agents shall not be excess of
<br /> Contractor's insurance and shall not be contributory with it.
<br /> Contractor will defend, indemnify and hold harmless City and its officers, agents, employees and
<br /> volunteers from and against all claims, damages, losses and expenses including attorney fees arising out
<br /> of the pertormance of the Services, caused in whole or in part by the willful misconduct or any negligent
<br /> act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of
<br /> them or anyone for whose acts any of them may be liable, except where caused by the active negligence,
<br /> sole negligence, or willful misconduct of City.
<br /> 9. Miscellaneous. Contractor shall provide, on the execution of this Agreement, a good and sufficient
<br /> corporate surety bond in the penal sum of one hundred percent(100%) of amount bid, which bond shall
<br /> be conditioned upon the faithful performance of all work required to be performed by Contractor under
<br /> this Agreement. Said bond shall be liable for any and all penalties and obligations which may be incurred
<br /> by Contractor under this Agreement. Acceptance of the bond by the City is subject to the review and
<br /> approval of the bond by the City Attorney's office.
<br /> In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish a good and sufficient
<br /> corporate surety bond in the penal sum of one hundred percent (100%) of amount of bid, which bond
<br /> shall conform strictly with the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the
<br /> State of California, and all amendments thereto. Acceptance of the bond by the City is subject to the
<br /> review and approval of the bond by the City Attorney's office.
<br /> Pursuant to California Public Contract Code Section 7100,the acceptance by Contractor of an undisputed
<br /> payment made under the terms of the Contract shall operate as, and shall be, a release to City, and their
<br /> duly authorized agents, from all claim of and/or liability to Contractor arising by virtue of the Contract
<br /> related to those amounts. Disputed contract claims in stated amounts may be specifically excluded by
<br /> Contractor from the operation of the release.
<br /> The Contractor may substitute securities for the amounts retained by the City to ensure performance of
<br /> the Contract in accordance with the provisions of Section 22300 of the Public Contract Code.
<br /> 10. Representations. Contractor has visited the Site and has examined thoroughly and understood the nature
<br /> and extent of the Work, Site, locality, actual conditions, as built conditions, and all local conditions and
<br /> federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
<br /> fumishing of Work or which relate to any aspect of the design and the means, methods, techniques,
<br /> AGREEMENT
<br /> BREWSTER AVENUE/BROADWAY BICYCLE DETECTION PROJECT 00520-3
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