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Agmt11 Scapes Inc.
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Agmt11 Scapes Inc.
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Last modified
3/11/2011 1:30:27 PM
Creation date
3/11/2011 1:30:25 PM
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Agreement
Contractor Name
Scapes Inc.
PROJECT NAME
Woodside Road Off-Ramp Median Landscaping at El Camino Real
Date
3/9/2011
MO Ref
11-0154
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, <br /> general liability and automobile liability insurance coverage, original <br /> endorsements: <br /> (a) Precluding cancellation or reduction in coverage before the expiration <br /> of thirty (30) days after City shall have received written notification of <br /> cancellation or reduction in coverage by first class mail, postage <br /> prepaid; <br /> (b) Providing that Contractor's insurance shall apply separately to each <br /> insured against whom claim is made or suit is brought, except with <br /> respect to the limits of the insurer's liability (cross liability <br /> endorsements); <br /> (c) Naming City, its Council, commissions, boards, committees, officers, <br /> employees and agents as additional insureds; and <br /> (d) Providing that Contractor's insurance shall be primary insurance <br /> relating to Contractor's work hereunder with respect to City, its <br /> Council, commissions, boards, committees, officers, employees and <br /> Agents, and further providing that any insurance or self - insurance <br /> maintained by City for itself, its Council, commissions, boards, <br /> committees, officers, employees and agents shall not be excess of <br /> Contractor's insurance and shall not be contributory with it. <br /> Contractor will defend, indemnify and hold harmless City and its officers, <br /> agents, employees and volunteers from and against all claims, damages, <br /> losses and expenses including attorney fees arising out of the <br /> performance of the Services, caused in whole or in part by the willful <br /> misconduct or any negligent act or omission of the Contractor, any <br /> subcontractor, anyone directly or indirectly employed by any of them or <br /> anyone for whose acts any of them may be liable, except where caused <br /> by the active negligence, sole negligence, or willful misconduct of City. <br /> 9. Miscellaneous. Contractor shall provide, on the execution of this <br /> Agreement, a good and sufficient corporate surety bond in the penal sum <br /> of one hundred percent (100 %) of amount bid, which bond shall be <br /> conditioned upon the faithful performance of all work required to be <br /> performed by Contractor under this Agreement. Said bond shall be liable <br /> for any and all penalties and obligations which may be incurred by <br /> Contractor under this Agreement. Acceptance of the bond by the City is <br /> subject to the review and approval of the bond by the City Attorney's <br /> office. <br /> In addition to the bond required under Paragraph 9 hereof, Contractor <br /> shall furnish a good and sufficient corporate surety bond in the penal sum <br /> of one hundred percent (100 %) of amount of bid, which bond shall <br /> conform strictly with the provisions of Chapter 7, Title 15, Part 4, Division <br /> 3, of the Civil Code of the State of California, and all amendments thereto. <br /> Acceptance of the bond by the City is subject to the review and approval <br /> of the bond by the City Attorney's office. <br />
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