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Acceptance of the bond by the City is subject to the review and approval of the bond by the City Attorney's office. 11. Pursuant to California Public Contract Code Section 7100, the acceptance by Contractor of an undisputed payment made under the terms of the Contract shall operate as, and shall be, a release to City, and their duly authorized agents, from all claim of and/or liability to Contractor arising by virtue of the Contract related to those amounts. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release. 12. The Contractor may substitute securities for the amounts retained by the City to ensure performance of the Contract in accordance with the provisions of Section 22300 of the Public Contract Code. 13. The representations made herein, including the bidder's licensing information hereinafter furnished, are made under penalty of perjury. The undersigned understands that any bid not containing said licensing information, or containing any information which is subsequently proven false, shall be considered non-responsive, and shall be rejected by City. 14. Portions of the funding for this project are being provided by State and Federal Grants through the State Transportation Program. Although these funds have been programmed and allocated to this project, the State's obligation to this project is subject to the appropriation of resources by the State Legislature. With uncertainties associated with the State budget, risk associated with the funds not being forthcoming has to be accounted for. If the City determines, or is notified, that the State will not reimburse the City for the State's portion of the funding, the City reserves the right to terminate the project prior to its completion. At the time of termination, the City shall pay the Contractor for work that has been done and project close-out procedures will be carried out prior to the release of retention. By executing the contract with the City, the Contractor agrees that payments pursuant to this provision shall be final and that there will be no additional payment because of this termination. Contractor further agrees that no claim will be filed as a result of this termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement thiS:tO~Of August, 2003. #1. harter ci y and municipal lifornia ~ST: ~ . By: oJ ~,"~Q ~~ ~""" .J Ci Y Clerk O.C. JONES & SONS, INC. 1520 Fourth Street Berkeley, CA 94710-1774 (510)526-3424 ~ By cv. ~).Q ~fi Robert pelascini, President (Title) F:Atty/Agr/Agr.152 081203 6