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Agmt11 Dave Stephenson Painting, Inc.
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Agmt11 Dave Stephenson Painting, Inc.
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Last modified
8/26/2011 8:25:38 AM
Creation date
8/26/2011 8:25:36 AM
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Agreement
Contractor Name
Dave Stephenson Painting, Inc.
PROJECT NAME
Painting Pedestrian Bridges
RMP File Number
304.5
Date
8/25/2011
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deductibles or self-insured retentions with respect to City, its Council, <br /> commissions, boards, committees, officers, employees and agents or Contractor <br /> shall procure a bond guaranteeing payment of losses and related investigations, <br /> claim administration and defense expenses. <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 /> (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 /> (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 /> (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 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 /> 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 <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 /> 10. In addition to the bond required under Paragraph 9 hereof, Contractor shall <br /> furnish a good and sufficient corporate surety bond in the penal sum of one <br /> hundred percent (100%) of amount of bid, which bond shall conform strictly with <br /> the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the <br /> State of California, and all amendments thereto. Acceptance of the bond by the <br /> City is subject to the review and approval of the bond by the City Attorney's <br /> office. <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 /> 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 /> 6 <br />
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