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c) <br /> <br />d) <br /> <br />Naming City, its Council, commissions, boards, committees, officers, <br />employees and agents as additional insureds; and <br /> <br />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 Council, <br />commissions, boards, committees, officers, employees and agents shall not <br />be excess of Contractor's insurance and shall not be contributory 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 bond <br />shall be 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 <br />to 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 <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 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 />14. The City is granted four (4) consecutive one (1) year options to extend the <br /> contract upon the same terms and conditions. Said options may be exceroised by <br /> the Public Works Services Director in writing. <br /> <br />Agmt-0137 <br />FXS-dr <br />F:/Shared/Reclwood/Cou ncil <br />08/03/01 <br /> <br /> <br />