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<br />incurred by Contractor under this Agreement. Acceptance of the bond by the <br />City is subject to the review and approval of the bond by the City Attorney's <br />office. <br /> <br />9. In addition to the bond required under Paragraph 9 hereof, Contractor shall <br />furnish a good and sufficient corporate surety bond in the penal sum of one <br />hundred percent (100%) of amount of bid, which bond shall conform strictly with <br />the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the <br />State of California, and all amendments thereto. Acceptance of the bond by the <br />City is subject to the review and approval of the bond by the City Attorney's <br />office. <br /> <br />10. 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 />11. 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 />12. 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 /> <br /> <br />IN WITNESS WHEREOF, the pa~o have executed this Agreement <br />this I~ day of CJ , 2004. <br /> <br />CITY OF RE OOD CITY, a municipal <br />and chart . ~)n ~e S72at 1 California <br /> <br />- ~ <br />By vrC~. . <br />City Manager <br /> <br />~ <br />.. .~~~~) ~'-~~ ) <br />/ <br />City Clerk <br /> <br />POWER ENGINEERING CONTRACTORS <br />1501 Viking Street - Suite 200 <br />Alameda, C 5~ <br />(510)3 - 00 , <br />/' / <br />// <br /> <br />By <br /> <br /> <br />Page 6 of 7 <br />