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Agmt09 A & F Engineering
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Agmt09 A & F Engineering
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Last modified
8/12/2009 11:23:50 AM
Creation date
8/12/2009 11:22:27 AM
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Agreement
Contractor Name
A & F Engineering Inc
PROJECT NAME
Lower Stulsaft Park Restaurant Restoration
RMP File Number
304
Date
7/6/2009
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<br />Concurrently with the execution of this Agreement, Contractor shall furnish City <br />with certificates and copies of information or declaration pages of the insurance <br />required hereunder and, with respect to evidence of commercial general liability <br />and automobile liability insurance coverage, original endorsements: <br /> <br />(a) Precluding cancellation or reduction in coverage before the expiration of <br />thirty (30) days after City shall have received written notification of <br />cancellation or reduction in coverage by first class mail, postage prepaid; <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 <br />Council, commissions, boards, committees, officers, employees and agents <br />shall not be excess of Contractor's insurance and shall not be contributory <br />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 (1000/0) of amount <br />bid, which bond shall be conditioned upon the faithful performance of all work <br />required to be performed by Contractor under this Agreement. Said bond shall be <br />liable for any and all penalties and obligations which may be incurred by Contractor <br />under this Agreement. Acceptance of the bond by the City is subject to the review <br />and approval of the bond by the City Attorney's office. <br /> <br />10. In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish <br />a good and sufficient corporate surety bond in the penal sum of one hundred <br />percent (10001<>) of amount of bid, which bond shall conform strictly with the <br />provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the State of <br />California, and all amendments thereto. Acceptance of the bond by the City is <br />subject to the review and approval of the bond by the City Attorney's 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 />6 <br />
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