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Agmt05 Fermin Sierra Constructi
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Agmt05 Fermin Sierra Constructi
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Last modified
9/30/2008 10:20:52 AM
Creation date
8/22/2005 11:07:04 AM
Metadata
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Template:
Agreement
Contractor Name
Fermin Sierra Construction
PROJECT NAME
sewer main repair along El Camino Real
RMP File Number
304.5
Date
8/12/2005
Box
6586
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<br />9. <br /> <br />(b) Providing that Contractor's insurance shall apply separately to each insured <br />against whom claim is made or suit is brought, except with respect to the <br />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 relating to <br />Contractor's work hereunder with respect to City, its Council, commissions, <br />boards, committees, officers, employees and Agents, and further providing <br />that any insurance or self-insurance maintained by City for itself, its Council, <br />commissions, boards, committees, officers, employees and agents shall not <br />be excess of Contractor's insurance and shall not be contributory with it. <br /> <br />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 (100%) <br />of amount bid, which bond shall be conditioned upon the faithful performance of <br />all work required to be performed by Contractor under this Agreement. Said <br />bond shall be liable for any and all penalties and obligations which may be <br />incurred by Contractor under this Agreement. Acceptance of the bond by the <br />City is subject to the review and approval of the bond by the City Attorney's <br />office. <br /> <br />10. In addition to the bond required under Paragraph 9 hereof, Contractor shall <br />furnish a good and sufficient corporate surety bond in the penal sum of one <br />hundred percent (100%) of amount of bid, which bond shall conform strictly with <br />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 <br />City is subject to the review and approval of the bond by the City Attorney's <br />office. <br /> <br />11. Pursuant to California Public Contract Code Section 7100, the acceptance by <br />Contractor of an undisputed payment made under the terms of the Contract shall <br />operate as, and shall be, a release to City, and their duly authorized agents, from <br />all claim of and/or liability to Contractor arising by virtue of the Contract related to <br />those amounts. Disputed contract claims in stated amounts may be specifically <br />excluded by Contractor from the operation of the release. <br /> <br />12. The Contractor may substitute securities for the amounts retained by the City to <br />ensure performance of the Contract in accordance with the provisions of Section <br />22300 of the Public Contract Code. <br /> <br />13. The representations made herein, including the bidder's licensing information <br />hereinafter furnished, are made under penalty of perjury. The undersigned <br />understands that any bid not containing said licensing information, or containing <br />any information which is subsequently proven false, shall be considered non- <br />responsive, and shall be rejected by City. <br /> <br />-7- <br /> <br />~-" 1!' <br />
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