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Agmt98 CMS Construction
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Agmt98 CMS Construction
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Last modified
7/5/2005 3:00:07 PM
Creation date
5/20/2005 2:35:39 PM
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Template:
Agreement
Contractor Name
CMS Construction
PROJECT NAME
561-563 Douglas Avenue improvement
RMP File Number
304
Date
3/9/1998
Reso Ref
13410
Box
5933
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<br />Code of the State of California, and all amendments thereto. Acceptance of the <br /> <br />bond by the City is subject to the review and approval of the bond by the City <br /> <br />Attorney's office. <br /> <br />14. <br /> <br />Pursuant to California Public Contract Code Section 7100, the <br /> <br />acceptance by Contractor of an undisputed payment made under the terms of the <br /> <br />Contract shall operate as, and shall be, a release to City, and their duly authorized <br /> <br />agents, from all claim of and/or liability to Contractor arising by virtue of the <br /> <br />Contract related to those amounts. Disputed contract claims in stated amounts <br /> <br />may be specifically excluded by Contractor from the operation of the release. <br /> <br />15. <br /> <br />The Contractor may substitute securities for the amounts retained <br /> <br />by the City to ensure performance of the Contract in accordance with the <br /> <br />provisions of Section 22300 of the Public Contract Code. <br /> <br />16. <br /> <br />The representations made herein, including the bidder's licensing <br /> <br />information hereinafter furnished, are made under penalty of perjury. <br /> <br />The <br /> <br />undersigned understands that any bid not containing said licensing information, or <br /> <br />containing any information which is subsequently proven false, shall be considered <br /> <br />nonresponsive, and shall be rejected by City. <br /> <br />17. <br /> <br />The improvements contemplated in the performance of this <br /> <br />Agreement is an improvement over in which the State of California shall exercise <br /> <br />general supervision. The State of California, therefore, shall have the right to <br /> <br />assume full and direct control over this Agreement whenever, and at its sole <br /> <br />discretion, determine its responsibility to the United States as so required. <br /> <br />16 <br />
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