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- DES:djk 07/15/97 <br /> F:$hared/Redwood/Council/Agmt-095 <br /> <br /> b) Providing that Contractor's insurance shall apply separately to each <br /> insured against whom claim is made or suit is brought, except with <br /> respect to the 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 <br /> to Contractor's work hereunder with respect to City, its Council, <br /> commissions, boards, committees, officers, employees and Agents, and <br /> further providing that any insurance or self-insurance maintained by City <br /> for itself, its Council, commissions, boards, committees, officers, <br /> employees and agents shall not be excess of Contractor's insurance and <br /> shall not be contributory with it. <br /> <br />9. 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 <br /> (100%) of amount bid, which bond shall be conditioned upon the faithful <br /> performance of all work required to be performed by Contractor under this <br /> Agreement. Said bond shall be liable for any and all penalties and obligations <br /> which may be incurred by Contractor under this Agreement. Acceptance of <br /> the bond by the City is subject to the review and approval of the bond by the <br /> 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 Qne <br /> hundred percent (100%) of amount of bid, which bond shall conform strictly <br /> with the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code <br /> of the State of California, and all amendments thereto. Acceptance of the <br /> bond by the City is subject to the review and approval of the bond by the City <br /> 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 <br /> shall operate as, and shall be, a release to City, and their duly authorized <br /> agents, from all claim of and/or liability to Contractor arising by virtue of the <br /> Contract related to those amounts. Disputed contract claims in stated <br /> amounts may be specifically excluded by Contractor from the operation of the <br /> release. <br /> <br /> 12.The Contractor may substitute securities for the amounts retained by the City <br /> to ensure performance of the Contract in accordance with the provisions of <br /> Section 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 <br /> containing any information which is subsequently proven false, shall be <br /> considered non-responsive, and shall be rejected by City. <br /> <br /> <br />