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<br />Fidelity and Deposit Company
<br />
<br />HOJvlE OFFICE
<br />
<br />OF MARYLAND
<br />
<br />BALTINfORE, lvfD 2]203
<br />
<br />Labor and Material Payment Bond
<br />Bond No. 08943727
<br />
<br />Note: TIus bond is issued simultaneously with PerfonnaDce Bond in favor
<br />of the owner conditioned on the full and faitl1fu1 perfonnance of the contract.
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />That we, Cummins West Inc.
<br />(Here insert lha lWIIC and addr~ or legal title of dle CoIllmctor)
<br />14775 Wicks Blvd. San Leandro. CA 94577
<br />
<br />as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation ofthe State
<br />of Maryland, with its home office in the City of Baltimorc, Maryland, U.S.A., as Surety, hereinafter callcd Surely, are held and finnly
<br />bound unto City of Redwood City
<br />
<br />Building, Infrastructure, and Transportation Dept., PO Box 391 . Redwood City, CA 94064
<br />(lIcre in..rl!he name and 8ddres.~ or legalliOe of the Ownc"
<br />as Obligee, hereinafter called Owner. for tbe use and benefit of claimants as herein below defined, in the amount of
<br />Thirtv Seven Thousand Three Hundred Forty Three Dollars and 00/100
<br />
<br />Dollars ($ 37,343.00
<br />
<br />),
<br />
<br />(bere insert a $WTI equal to at least one- half of die conlract price)
<br />for t.he payment whercofPrincipal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
<br />and severally, finnIy by these presents.
<br />
<br />WHEREAS, Principal has by written agreement dated
<br />
<br />September 23,2009
<br />
<br />entered into a contract with Owner for Replace Subbase Fuel Tank and Install Dual Breaker on Generator at Redwood
<br />City Police, 1301 Maple St., Redwood City, CA.
<br />
<br />in accordance with drawings and specifications prepared by
<br />
<br />(Here in!l:rt full PIJ[1C, tiUe and addre5S)
<br />which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
<br />
<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Ule Principal shall promptly make payment to all
<br />claimants as hereinafter defined, for all labor and material used or reasonably required for use in the pcrfonnance of the Contract, then
<br />this obligation shall be void; othenvise it shall remain in full force and effect, subject, however, to the following conditions:
<br />
<br />1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor ofthe Principal for labor,
<br />material or both. used or reasonably required for use in the perfonnance of the contmct, labor and material being construed to include
<br />thal part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable t.o the Contract.
<br />2. The above named Principal and Surety hereby jointly and severally agree with tlle Owner that every claimant as herein
<br />defined who has not been paid in full before the expiration of a period of Ninety (90) days after the date on
<br />which the last of such claimant's work or labor was done or performed, or matcIial were furnished by such claimant, may sue on this
<br />bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have
<br />execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit
<br />
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