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(c) Naming City, its Council, commissions, boards, committees, officers, employees and agents as
<br /> additional insureds; and
<br /> (d) Providing that Contractor's insurance shall be primary insurance relating to Contractor's work
<br /> hereunder with respect to City, its Council, commissions, boards, committees, officers,
<br /> employees and Agents, and further providing that any insurance or self-insurance maintained by
<br /> City for itself, its Council, commissions, boards, committees, officers, employees and agents shall
<br /> not be excess of Contractor's insurance and shall not be contributory with it.
<br /> Contractor will defend, indemnify and hold harmless City and its officers, agents, employees and
<br /> volunteers from and against all claims, damages, losses and expenses including attorney fees arising out
<br /> of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent
<br /> act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them
<br /> or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole
<br /> negligence, or willful misconduct of City.
<br /> 9. Miscellaneous. 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, which bond shall
<br /> be conditioned upon the faithful performance of all work required to be performed by Contractor under
<br /> this Agreement. Said bond shall be liable for any and all penalties and obligations which may be
<br /> incurred by Contractor under this Agreement. Acceptance of the bond by the City is subject to the
<br /> review and approval of the bond by the City Attorney's office.
<br /> In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish a good and
<br /> sufficient corporate surety bond in the penal sum of one hundred percent (100%) of amount of bid,
<br /> which bond shall conform strictly with the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil
<br /> Code of the State of 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 /> Pursuant to California Public Contract Code Section 7100, the acceptance by Contractor of an
<br /> undisputed payment made under the terms of the Contract shall operate as, and shall be, a release to
<br /> City, and their duly authorized agents, from all claim of and/or liability to Contractor arising by virtue of
<br /> the Contract related to those amounts. Disputed contract claims in stated amounts may be specifically
<br /> excluded by Contractor from the operation of the release.
<br /> The Contractor may substitute securities for the amounts retained by the City to ensure performance of
<br /> the Contract in accordance with the provisions of Section 22300 of the Public Contract Code.
<br /> 10. Representations. Contractor has visited the Site and has examined thoroughly and understood the nature
<br /> and extent of the Work, Site, locality, actual conditions, as built conditions, and all local conditions and
<br /> federal, state and local laws and regulations that in any manner may affect cost, progress, pertormance or
<br /> furnishing of Work or which relate to any aspect of the design and the means, methods, techniques,
<br /> sequences or procedures of construction to be employed by Contractor and safety precautions and
<br /> programs incident thereto.
<br /> The representations made herein, including the bidder's licensing information hereinafter furnished, are
<br /> made under penalty of perjury. The undersigned understands that any bid not containing said licensing
<br /> information, or containing any information which is subsequently proven false, shall be considered non-
<br /> responsive, and shall be rejected by City.
<br /> �Signature Page FollowsJ
<br /> MARSHALL STREET GARAGE ELEVATOR
<br /> REFURBISHMENT PROJECT 3
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