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Agmt99 R & S Erection of San Ma
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Agmt99 R & S Erection of San Ma
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Last modified
7/5/2005 2:57:53 PM
Creation date
5/19/2005 1:42:43 PM
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Agreement
Contractor Name
R & S Erection of San Mateo
PROJECT NAME
Fire Station No. 9 - automatic gate system
RMP File Number
304
Date
5/19/1999
Reso Ref
13595
MO Ref
99-139
Box
5900
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<br />FXS:djk 03130/99 <br />F: S haredIReu wood/Council! Agmt - 250 <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 <br />and 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 <br />good and sufficient corporate surety bond in the penal sum of one hundred percent <br />(100%) of amount of bid, which bond shall conform strictly with the provisions of Chapter <br />7, Title 15, Part 4, Division 3, of the Civil Code of the State of California, and all <br />amendments thereto. 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 /> <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 />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 rejected by <br />City. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement <br />this \C'~"dayof""""-'l ' 1999. <br /> <br /> <br />By <br /> <br />6 <br /> <br />'--"'--------'T .... <br />
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