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AgdaPkt 2014-04-07 Closed and Regular
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AgdaPkt 2014-04-07 Closed and Regular
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Last modified
4/8/2014 8:30:06 AM
Creation date
4/3/2014 4:51:48 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
4/7/2014
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7.1.G. - Page 13 <br /> acceptance of the Improvements as described in Section 12.2 and Developer's delivery of <br /> the Warranty Security described in Section 13.3. <br /> (b) Payment Security. Developer shall furnish and deliver labor and <br /> materials security in the amount of One Million Seven Hundred Fifty Thousand Dollars <br /> and No/100 Dollars ($1,750,000.00), concurrently with the execution of this Agreement, <br /> which security must meet the requirements of Government Code section 66499.2 and <br /> Redwood City Code Section 30.80 and be acceptable to the City Engineer. The security <br /> shall secure payment to the contractor(s) and subcontractor(s) performing the Work and <br /> to all persons furnishing Iabor, materials or equipment to them. City shall retain the <br /> security until both (i) City accepts the Work in accordance with Section 12.2 above and <br /> (ii) the statute of limitations to file an action under Civil Code section 3114 et seq. has <br /> expired. The security amount may thereafter be reduced or released by the City Engineer <br /> in accordance with Section 14. <br /> (c) Warranty Security. Developer shall furnish and deliver warranty security <br /> in the amount of One Hundred Seventy Five Thousand and No/100 Dollars <br /> ($175,000.00), upon acceptance of the Improvements and prior to release of the <br /> Performance Security.The security shall be in a form acceptable to the City Engineer and <br /> shall guarantee and warrant the Work for a period of one (1) year following the <br /> completion and acceptance thereof against any defective work or labor done,or defective <br /> materials furnished. <br /> 13.2 If the improvement security is a corporate surety bond and,in the opinion of the <br /> City,any surety or sureties thereon become insufficient,the Developer shall renew or replace any <br /> such surety with good and sufficient surety or sureties within ten (10) days after receiving from <br /> City written demand thereof. <br /> 13.3 Improvement security consisting of corporate surety bonds shall be kept on file <br /> with the City Engineer. If a corporate surety bond is replaced by another approved bond, the <br /> replacement shall be filed with the City Engineer and made a part of and incorporated into this <br /> Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former <br /> improvement security shall be released, <br /> 13.4 Modifications of the Plans and related specifications, and modifications of the <br /> Improvements,not exceeding ten percent(10%)of the original Estimated Cost of Work,shall not <br /> relieve or release any improvement security furnished by Developer pursuant to this Agreement. <br /> If any such modifications exceed ten percent (I0%) of the Estimated Cost of Work, Developer <br /> shall furnish additional improvement security for, performance, warranty, and payment, as <br /> required by Section 13.1 above, for one hundred percent (100%)of the revised Estimated Cost of <br /> Work. <br /> 13.5 The City's approved bond forms are attached hereto as Exhibits B,C and D. <br /> 14. Partial Reduction or Release of Improvement Security. <br /> 14.1 Partial releases or reductions in the Developer's improvement security may be <br /> authorized prior to the City's acceptance of all Improvements required hereunder, as provided in <br /> this Section 14. <br /> REV:03-14-14 VR <br /> Page 5 of 19 <br /> ATTY/AGR.2014.034/One Marina Final Phase- Improvement Agreement <br />
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