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faithful performance of this Agreement with respect to the Work and shall be released by <br /> City in accordance with Section 14 below upon final acceptance of the Improvements as <br /> described in Section 12.2 and Developer's delivery of the Warranty Security described in <br /> Section 13.1(c). <br /> (b) Payment Securitv. Developer shall furnish and deliver labor and <br /> materials security in the amount of Nine Hundred One Thousand Dollars ($901,000.00), <br /> concurrently with the execution of this Agreement, whieh security must meet the <br /> requirements of Government Code section 66499.2 and Redwood City Code Section <br /> 30.80 and be accepta.ble to the City Engineer. The security shall secure payment to the <br /> contractor(s) and subcontractor(s} performing the Work and to all persons furnishing <br /> labor, materials or equipment to them. City shall retain the security until both (i) City <br /> accepts the Work in accordance with Section 12.2 above and(ii)the statute of limitations <br /> to file an action under Civil Code section 8410 et seq. has expired. The security amount <br /> may thereafter be reduced or released by the City Engineer in accordance with Section <br /> 14. <br /> (c) Warranty Securitv. Developer shall furnish and deliver warranty security <br /> in the amount of Ninety Thousand One Hundred Dollars ($90,100.00), upon acceptance <br /> of the Improvements and prior to release of the Performance Security. The security shall <br /> be in a form acceptable to the City Engineer and shall guarantee and warrant the Work <br /> for a period of one(1) year following the completion and acceptance thereof against any <br /> defective work or labor done,or defective 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 (10%) 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 Im,provement Securitv. <br /> 141 Partial releases or reducrions 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:0730-15 R5 <br /> Page 5 of 19 <br /> ATTY/AGR.2015.152/La Palma <br />