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<br />required to be performed by Contractor under this Agreement. Said bond shall be <br />liable for any and all penalties and obligations which may be incurred by <br />Contractor under this Agreement. Acceptance of the bond by the City is subject to <br />the review and approval of the bond by the City Attorney's office. <br /> <br />10. In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish <br />a good and sufficient corporate surety bond in the penal sum of one hundred <br />percent (100%) of amount of bid, which bond shall conform strictly with the <br />provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the State of <br />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 /> <br />11. Pursuant to California Public Contract Code Section 7100, the acceptance by <br />Contractor of an undisputed payment made under the terms of the Contract shall <br />operate as, and shall be, a release to City, and their duly authorized agents, from <br />all claim of and/or liability to Contractor arising by virtue of the Contract related to <br />those amounts. Disputed contract claims in stated amounts may be specifically <br />excluded by Contractor from the operation of the release. <br /> <br />12. The Contractor may substitute securities for the amounts retained by the City to <br />ensure performance of the Contract in accordance with the provisions of Section <br />22300 of the Public Contract Code. <br /> <br />13. The representations made herein, including the bidder's licensing information <br />hereinafter furnished, are made under penalty of perjury. The undersigned <br />understands that any bid not containing said licensing information, or containing <br />any information which is subsequently proven false, shall be considered non- <br />responsive, and shall be rejected by City. <br /> <br />IN WITr~ WHEREOF, the p <br />this day of <br /> <br />ies hereto have executed this Agreement <br />,2001. <br /> <br /> <br /> <br />By <br /> <br />çzEST: <br />I ,/. <br />~~ .\.~~ <br />City Clerk <br /> <br />MCH GENERAL ENGINEERING <br />CONTRACTOR, INC. <br />1817 Stone Avenue <br />San Jose, CA 95 5 <br />(408) 7-167 <br /> <br /> <br />(Title) <br /> <br />By <br /> <br />Agmt-473 <br />F:Shared/Redwood/Council <br />DES:djk <br />04/10/01 <br /> <br />7 <br />