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Agmt01 McGuire & Hester (2)
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Agmt01 McGuire & Hester (2)
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Last modified
8/25/2005 10:50:19 AM
Creation date
5/2/2002 9:40:08 AM
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Agreement
Contractor Name
McGuire & Hester
PROJECT NAME
Lagoon discharge facility III outfall repair
RMP File Number
304
Date
2/22/2001
Reso Ref
14126 14155
MO Ref
01-57
Amendment
Yes
Box
5971
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Concurrently with the execution of this Agreement, Contractor shall furnish City with <br /> certificates and copies of information or declaration pages of the insurance required <br /> hereunder and, with respect to evidence of commercial general liability and automobile <br /> liability insurance coverage, original endorsements: <br /> <br /> a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) <br /> days after City shall have received written notification of cancellation or reduction in <br /> coverage by certified mail, return receipt requested; <br /> <br /> b) Providing that Contractor's insurance shall apply separately to each insured against <br /> whom claim is made or suit is brought, except with respect to the limits of the <br /> insurer's liability (cross liability endorsements); <br /> <br /> c) Naming City, its Council, commissions, boards, committees, officers, employees and <br /> agents as additional insureds; and <br /> <br /> d) Providing that Contractor's insurance shall be primary insurance relating to <br /> Contractor's work hereunder with respect to City, its Council, commissions, boards, <br /> committees, officers, employees and Agents, and further providing that any <br /> insurance or self-insurance maintained by City for itself, its Council, commissions, <br /> boards, committees, officers, employees and agents shall not be excess of <br /> Contractor's insurance and shall not be contributory with it. <br /> <br /> 9. 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, <br /> which bond shall be conditioned upon the faithful performance of all work required to be <br /> performed by Contractor under this Agreement. Said bond shall be liable for any and all <br /> penalties and obligations which may be incurred by Contractor under this Agreement. <br /> Acceptance of the bond by the City is subject to the review and approval of the bond by <br /> the City Attorney's office. <br /> <br /> 10. In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish a'good <br /> and sufficient corporate surety bond in the penal sum of one hundred percent (100%) of <br /> amount of bid, which bond shall conform strictly with the provisions of Chapter 7, Title 15, <br /> Part 4, Division 3, of the Civil Code of the State of California, and all amendments thereto. <br /> Acceptance of the bond by the City is subject to the review and approval of the bond by <br /> the City Attorney's office. <br /> <br /> 11. Pursuant to California Public Contract Code Section 7100, the acceptance by Contractor <br /> of an undisputed payment made under the terms of the Contract shall operate as, anti <br /> shall be, a release to City, and their duly authorized agents, from all claim of and/or <br /> liability to Contractor arising by virtue of the Contract related to those amounts. Disputed <br /> contract claims in stated amounts may be specifically excluded by Contractor from the <br /> operation of the release. <br /> <br /> 12. The Contractor may substitute securities for the amounts retained by the City' to ensure <br /> performance of the Contract in accordance with the provisions of Section 22300 of the <br /> Public Contract Code. <br /> <br /> 13. The representations made herein, including the bidder's licensing information hereinafter <br /> furnished, are made under penalty of perjury. The undersigned understands that any bid <br /> not containing said licensing information, or containing any information which is <br /> subsequently proven false, shall be considered non-responsive, and shall be Fejected by <br /> City. <br /> <br />Agmt-449 6 <br />FXS:djk <br />F:/Shared/Redwood/Council <br />02/20/01 <br /> <br /> <br />
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