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Agmt09 SpenCon Construction
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Agmt09 SpenCon Construction
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Last modified
8/8/2011 8:18:26 AM
Creation date
7/20/2009 12:36:03 PM
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Template:
Agreement
Contractor Name
SpenCon
PROJECT NAME
2009-10 Tree and Sidewalk Repair Program
RMP File Number
304
Date
7/9/2009
MO Ref
MO 09-113, MO 10-098, 10-132, 11-059
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<br />under Part 6.26 of Section 00700 (General Conditions) is not part of the <br />Contract documents. The Contract documents may only be amended, <br />modified or supplemented as provided in Section 00700 (General <br />Conditions). <br /> <br />VII. MISCELLANEOUS <br /> <br />A. It is understood and agreed that in no instance is any person, signing this <br />Agreement for or on behalf of City or acting as an employee or <br />representative of City, liable on this Contract, or upon any warranty of <br />authority, or otherwise, and it is further understood and agreed that liability of <br />City is limited and confined to such liability as authorized or imposed by the <br />Contract documents or applicable law. <br /> <br />B. In entering into a public contract or a subcontract to supply goods, services <br />or materials pursuant to a public contract, the Contractor or subcontractor <br />irrevocably offers and agrees to assign to the awarding body all rights, title <br />and interest in and to all causes of action it may have under Section 4 of the <br />Clayton Act (15 U.S.C. 9 15) or under the Cartwright Act, (Chapter 2 <br />(commencing with Section 16700) of Part 2 of Division 7 of the Business and <br />Professions Code), arising from purchases of goods, services or materials <br />pursuant to the public works contract or the subcontract. This assignment <br />shall be made and become effective at the time City tenders final payment to <br />the Contractor, without further acknowledgment by the parties. <br /> <br />C. Copies of the general prevailing rates of per diem wages for each craft, <br />classification, or type of worker needed to execute the Contract, as <br />determined by Director of the State of California Department of Industrial <br />Relations, are available on the City's website (www.redwoodcitv.oro) <br /> <br />D. This Contract shall be deemed to have been entered into in the County of <br />San Mateo, and governed in all respects by California law (excluding <br />conflicts of laws). Any action at law or in equity brought by either of the <br />parties will be tried in a court <br />of competent jurisdiction in the County of San Mateo, and the parties waive <br />all other provisions of law providing for a change of venue in these <br />proceedings to any other county. <br /> <br />E. Contractor must have a City of Redwood City Business License prior to start <br />of work. <br /> <br />4 <br />
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