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<br />9. <br /> <br />shall procure a bond guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br /> <br />Concurrently with the execution of this Agreement, Contractor shall furnish City <br />with certificates and copies of information or declaration pages of the insurance <br />required hereunder and, with respect to evidence of commercial general liability <br />and automobile liability insurance coverage, original endorsements: <br /> <br />(a) Precluding cancellation or reduction in coverage before the expiration of <br />thirty (30) days after City shall have received written notification of <br />cancellation or reduction in coverage by first class mail, postage prepaid; <br /> <br />(b) Providing that Contractor's insurance shall apply separately to each insured <br />against whom claim is made or suit is brought, except with respect to the <br />limits of the insurer's liability (cross liability endorsements); <br /> <br />(c) Naming City, its Council, commissions, boards, committees, officers, <br />employees and agents as additional insureds; and <br /> <br />(d) Providing that Contractor's insurance shall be primary insurance relating to <br />Contractor's work hereunder with respect to City, its Council, commissions, <br />boards, committees, officers, employees and Agents, and further providing <br />that any insurance or self-insurance maintained by City for itself, its <br />Council, commissions, boards, committees, officers, employees and agents <br />shall not be excess of Contractor's insurance and shall not be contributory <br />with it. <br /> <br />Contractor shall provide, on the execution of this Agreement, a good and <br />sufficient corporate surety bond in the penal sum of one hundred percent (100%) <br />of amount bid, which bond shall be conditioned upon the faithful performance of <br />all work required to be performed by Contractor under this Agreement. Said <br />bond shall be liable for any and all penalties and obligations which may be <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 />10. 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 />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 />AGREEMENT <br /> <br />Page 6 of 7 <br />