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Agmt99 Dillingham Construction
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Agmt99 Dillingham Construction
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Last modified
7/5/2005 3:00:25 PM
Creation date
5/9/2005 11:44:42 AM
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Template:
Agreement
Contractor Name
Dillingham Construction
PROJECT NAME
Jefferson Avenue grade separation
RMP File Number
304
Date
5/30/1997
MO Ref
99-137
Box
5901
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<br />DES:djk 04107/97 <br />G:Sha. c:dIRedwood/CounciJ/ Agmt-072 <br /> <br />a) Precluding cancellation or reduction in coverage before the <br />expiration of thirty (30) days after City shall have received written <br />notification of cancellation or reduction in coverage by certified mail, <br />return receipt requested; <br /> <br />b) Providing that Contractor's Insurance shall apply separately to each <br />insured against whom claim is made or suit is brought, except with <br />respect to the limits of the insurer's liability (cross liability endorsements); <br /> <br />c) Naming City, Its Council, commissions, boards, committees, officers, <br />employees and agents as additional Insureds; and <br /> <br />d) Providing that Contractor's Insurance shall be primary insurance <br />relating to Contractor's work hereunder with respect to City, its <br />Council, commissions, boards, committees, officers, employees and <br />Agents, and further providing that any insurance or self-insurance <br />maintained by City for itself, its Council, commissions, boards, <br />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 <br />sufficient corporate surety bond in the penal sum of one hundred percent <br />(100%) of amount bid, which bond shall be conditioned upon the faithful <br />performance of all work required to be performed by Contractor under this <br />Agreement. Said bond shall be liable for any and all penalties and <br />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 <br />of the bond by the City Attorney's office. <br /> <br />10. In addition to the bond required under Paragraph 9 hereof, Contractor <br />shall furnish a good and sufficient corporate surety bond in the penal sum <br />of one hundred percent (100%) of amount of bid, which bond shall <br />conform strictly with the provisions of Chapter 7, Title 15, Part 4, Division 3, of <br />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 <br />of the bond by the City Attorney's office. <br /> <br />11. Pursuant to California Public Contract Code Section 71 00, the acceptance <br />by Contractor of an undisputed payment made under the terms of the <br />Contract shall operate as, and shall be, a release to City, and their duly <br />authorized agents, from all claim of and/or liability to Contractor arising by <br />virtue of the Contract related to those amounts. Disputed contract claims <br />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 <br />City to ensure performance of the Contract in accordance with the <br />provisions of Section 22300 of the Public Contract Code. <br /> <br />13. The representations made herein, Inciuding the bidder's licensing <br />Information hereinafter furnished, are made under penalty of perjury. The <br /> <br />7 <br /> <br />,..,.,-,-_.._".._-_.~, <br />
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