|
<br />.'
<br />
<br />self-insured retentions with respect to City, its Council, commissions, boards, committees,
<br />officers, employees and agents or Contractor shall procure a bond guaranteeing payment
<br />of losses and related investigations, claim administration and defense expenses.
<br />
<br />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) 'Prècluding 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, and
<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 />Agmt-371
<br />DES:djk
<br />F:/Shared/Redwood/Council .
<br />07/24/00
<br />
<br />6
<br />
|