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<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, boards, <br />committees, officers, employees and Agents, and further providing that any <br />insurance or self-insurance maintained by City for itself, its Council, commissions, <br />boards, committees, officers, employees and agents shall not be excess of <br />Contractor's insurance and shall not be contributory with it. <br /> <br />9. Contractor shall provide, on the execution of this Agreement, a good and sufficient <br />corporate surety bond in the penal sum of one hundred percent (100%) of amount bid, <br />which bond shall be conditioned upon the faithful performance of all work required to be <br />performed by Contractor under this Agreement. Said bond shall be liable for any and all <br />penalties and obligations which may be incurred by Contractor under this Agreement. <br />Acceptance of the bond by the City is subject to the review and approval of the bond by <br />the City Attomey's office. <br /> <br />10. In addition to the bond required under Paragraph 9 hereof, Contractor shall furnish a good <br />and sufficient corporate surety bond in the penal sum of one hundred percent (100%) of <br />amount of bid, which bond shall conform strictly with the provisions of Chapter 7, Title 15, <br />Part 4, Division 3, of the Civil Code of the State of California, and all amendments thereto. <br />Acceptance of the bond by the City is subject to the review and approval of the bond by <br />the City Attorney's office. <br /> <br />11. Pursuant to California Public Contract Code Section 7100, the acceptance by Contractor <br />of an undisputed payment made under the terms of the Contract shall operate as, and <br />shall be, a release to City, and their duly authorized agents, from all claim of andlor liability <br />to Contractor arising by virtue of the Contract related to those amounts. Disputed contract <br />claims in stated amounts may be specifically excluded by Contractor from the operation of <br />the release. <br /> <br />12. The Contractor may substitute securities for the amounts retained by the City to ensure <br />performance of the Contract in accordance with the provisions of Section 22300 of the <br />Public Contract Code. <br /> <br />13. The representations made herein, including the bidder's licensing information hereinafter <br />furnished, are made under penalty of perjury. The undersigned understands that any bid <br />not containing said licensing information, or containing any information which is <br />subsequently proven false, shall be considered non-responsive, and shall be rejected by <br />City. <br /> <br />II <br />II <br />II <br /> <br />A TTY/AGR/2007.033 <br />062807 <br /> <br />6 <br />