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PAYMENT BOND <br /> KNOW ALL MEN BY THESE PRESENTS: That we, <br /> as Principal, and, organized and <br /> existing under the laws of the State of California <br /> , and authorized to execute <br /> bonds and undertaking as sole surety, as Surety, are held and firmly bound unto any and all <br /> persons named in California Civil Code Section 3181 whose claim has not been paid by the <br /> Contractor, company or corporation in the aggregate total of <br /> Dollars ($ ) (being <br /> 100% of the Contract amount)for the payment whereof, well and truly to be made, said Principal <br /> and Surety bond themselves, their heirs, administrators, successors, and assigns, jointly and <br /> severally, firmly by these presents. <br /> THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, whereas the above with <br /> the City of Redwood City ("City") to do the following work, to-wit: <br /> 2015-2016 ASPHALT RUBBER CAPE SEAL AND SPOT REPAIR PROJECT <br /> NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the <br /> persons named in Section 3181 of the Civil Code of the State of California, or amounts due under <br /> the Unemployment Insurance Code with respect to work or labor performed under the Contract, <br /> or for any amounts required to be deducted, withheld, and paid over to the Employment <br /> Development Department from the wages of employees of the Contractor and his subcontractor <br /> pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with <br /> respect to such work and labor, the surety will pay for the same, in the amount not exceeding the <br /> sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable <br /> attorney's fee, to be fixed by the Court. <br /> This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the <br /> State of California so as to give a right of action to them or their assignees in suit brought upon <br /> this bond. <br /> This bond is executed and filed to comply with the provisions of the act of the Legislature of the <br /> State of California as designated in Civil Code Sections 3247-3252, inclusive, and all <br /> amendments thereto. <br /> And the said Surety, for value received, hereby stipulates and agrees to waive the provisions of <br /> California Civil Code Section 2819 regarding consent to change, extension of time alteration, or <br /> addition to the terms of the Contract, or to the work to be performed thereunder, or the <br /> Specifications accompanying the same, shall in any way affect its obligations on this bond; and it <br /> does hereby waive notice of any such change, extension of time, alteration, or addition to the <br /> terms of the Contract, or to the work, or to the Specifications. <br /> IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their <br /> seals this day of ,20 the name and corporate seal of <br /> each corporate party being hereto affixed and these presents duly signed by its undersigned <br /> representative, pursuant to authority of its governing body. <br /> ATTEST: <br /> Principal <br /> FAITHFUL PERFORMANCE BOND 00610-3 <br /> 2015-2016 ASPHALT RUBBER CAPE SEAL AND SPOT REPAIR PROJECT <br />