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Agmt10 First Serve Productions, Inc.
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Agmt10 First Serve Productions, Inc.
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Last modified
4/23/2010 2:17:48 PM
Creation date
4/6/2010 3:33:01 PM
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Agreement
Contractor Name
First Serve Productions, Inc.
PROJECT NAME
Resurfacing at Shorebird, Dolphin, Marlin and Mezes Tennis Courts
RMP File Number
304.5
Date
3/15/2010
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<br />I · <br />I <br />I <br />I . <br />I <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 insurer's <br />liability (cross liability endorsements); <br /> <br />(c) Naming City, its Council, commissions, boards, committees, officers, employees and <br />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 insurance or <br />self-insurance maintained by City for itself, its Council, commissions, boards, <br />committees, officers, employees and agents shall not be excess of Contractor's <br />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 />(100o.icl) 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 <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 all <br />claim of and/or liability to Contractor arising by virtue of the Contract related to those <br />amounts. Disputed contract claims in stated amounts may be specifically excluded by <br />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 22300 <br />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 understands <br />that any bid not containing said licensing information, or containing any information <br />which is subsequently proven false, shall be considered non-responsive, and shall be <br />rejected by City. <br />
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