Agmt08 Field Turf Builders, LLC - Laserfiche WebLink

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6. Liens and Assiqnments Aqainst General Contract Funds. Owner represents that as of the date of this Agreement, the City has received one stop notice, from United Rentals, in connection with the General Contract. Owner represents that it is not aware of any other stop notices, or other liens, assignments or encumbrances (hereinafter "Contract Fund Creditors") against the Contract Funds in connection with the General Contract, however, Colony Landscape claims Contractor has not paid for work performed on the Project. Surety shall defend (at Surety's expense, using its counsel), indemnify and hold harmless Owner and all of its elected and appointed officials and employees from and against any and all claims of every description made by the Contract Fund Creditors arising as a consequence of payments made to Surety under this Agreement. 7. Completion of the Remaininq Work. The Surety shall be responsible for the completion of the Remaining Work in accordance with the General Contract through one or more Completing Contractors ("Completing Contractor"), which it shall engage. All Completing Contractors shall be subject to the qualification requirements of the Owner imposed by the General Contract for those entities performing the type of work contemplated by the General Contract. The Completing Contractor shall submit a list of its subcontractors to City, and the listed subcontractors shall be removed or replaced by the Completing Contractor only in accordance with the rules and procedures stated in the Subletting and Subcontracting Fair Practices Act, California Public Contract Code section 4100 et seq. The Surety designates Atlas Tracks, Inc. as its Completing Contractor. Fieldturf USA will be a subcontractor to the Completing Contractor, and Colony Landscape will be a subcontractor to Fieldturf USA. 8. The Surety's Authorized Representative. The Surety has retained the services of Michael MacNeil ("MacNeil") to coordinate the Surety's performance efforts on the Project. MacNeil shall be the Surety's designated representative and will coordinate the efforts of the Completing Contractor and subcontractors on the Project, and interface with the Owner on behalf of the Surety. Unless otherwise stated in this Agreement, MacNeil shall have the authority to speak on behalf of and bind the Surety. 9. Owner's Obliqations Under the General Contract. Except as provided in this Agreement, the Owner shall have all rights, obligations and responsibilities under the General Contract with respect to the Surety for Remaining Work performed by the Surety, to the same extent and effect as if the Surety had executed the General Contract initially instead of the Contractor and the Contractor had not defaulted. 10. Schedule for Completion of Remaininq Work. The Surety, through its Completing Contractor, will complete within twenty nine calendar days from the date of this Agreement, all Remaining Work included in the General Contract. Work on the Project shall re-commence at the earliest possible date, and shall proceed to completion without interruption and without a winter shut down period, weather permitting. To the extent that any work on the Project is required prior to resumption of work by the Completion TAKEOVER AGREEMENT - Page 3 of 9 {7672.005-00232947; 1} 1175334v6 33786/0010