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Agmt01 Waring Construction
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Agmt01 Waring Construction
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Last modified
7/21/2005 12:24:21 PM
Creation date
4/9/2002 12:42:01 PM
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Template:
Agreement
Contractor Name
Waring Construction, Inc.
PROJECT NAME
BCDC observation decks
RMP File Number
304
Date
5/31/2001
Reso Ref
14226 14377
MO Ref
02-73
Box
5941
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<br />Concurrently with the execution of this Agreement, Contractor shall furnish City with <br />certificates and copies of information or declaration pages of the insurance required <br />hereunder and, with respect to evidence of commercial general liability and automobile <br />liability insurance coverage, original endorsements: <br /> <br />a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) <br />days after City shall have received written notification of cancellation or reduction in <br />coverage by certified mail, return receipt requested; <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 <br />insurer's 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 <br />insurance or self-insurance maintained by City for itself, its Council, commissions, <br />boards, committees, officers, employees and agents shall not be excess of <br />Contractor's 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 good <br />and sufficient corporate surety bond in the penal sum of one hundred percent (100%) of <br />amount of bid, which bond shall conform strictly with the provisions of Chapter 7, Title 15, <br />Part 4, Division 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 of the bond by <br />the City Attorney's office. <br /> <br />11. Pursuant to California Public Contract Code Section 710O, the acceptance by Contractor <br />of an undisputed payment made under the terms of the Contract shall operate as, and <br />shall be, a release to City, and their duly authorized agents, from all claim of and/or liability <br />to Contractor arising by virtue of the Contract related to those amounts. Disputed contract <br />claims in stated amounts may be specifically excluded by Contractor from the operation of <br />the release. <br /> <br />12. The Contractor may substitute securities for the amounts retained by the City to ensure <br />performance of the Contract in accordance with the provisions of Section 22300 of the <br />Public Contract Code. <br /> <br />13. The representations made herein, including the bidder's licensing information hereinafter <br />furnished, are made under penalty of perjury. The undersigned understands that any bid <br />not containing said licensing information, or containing any information which is <br /> <br />Agmt-478 <br />DES:djk <br />SharecI/Redw()odfCOlfficil <br />05103101 <br /> <br />6 <br />
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