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<br />Fidelity and Deposit Company
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<br />HO/YfE OFFICE
<br />
<br />OF-MARYLAND
<br />Performance Bond
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<br />BALTI/vfORE, l\rfD 21203
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<br />Bond No. 08943727
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<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />That we,
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<br />Cummins West Inc.
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<br />(Here insert the name and address or legal title of the Contractor)
<br />14775 Wicks Blvd, San Leandro, CA 94577
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<br />as Principal, hereinafter called Contractor, and FIDELIlY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the
<br />State of Maryland, with its home office in the City of Baltimore, Maryland, U.S.A., as Surety, hereinafter called Surety, are held and
<br />firmly
<br />b9UIKi unto City of Redwood City
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<br />BuildinQ, Infrastructure. and Transportation Dept., PO Box 391, Redwood City, CA 94064
<br />(Here insert thc nome and addre~5 or legal Litle oflh~ Owner)
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<br />3S Obligee, hereinafter called Owner, in the amonnt of
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<br />Thirty Seven Thousand Three Hundred Forty Three Dollars and
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<br />00/100
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<br />Dollars($ 37 ,343.00 ), for the paYlnent whereof Contractor and Surety bind themselves, their heirs, executors,
<br />administmtors, successors and assigns jointly and severally, finnly by these presents.
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<br />WHEREAS, Contractor has by written agreement dated
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<br />September 23,2009
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<br />entered into a contract with Owner for Replace Subbase Fuel Tank and Install Dual Breaker on Generator at Redwood
<br />
<br />City Police, 1301 Maplo St., Redwood City, C/'..
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<br />in accordance with drawings and specifications prepared by
<br />
<br />(Here insert full name, title and address)
<br />,,,,hich contract is by reference made a part hereof. and is hereinafter referred to as the Contract..
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<br />NOW, TI{EREFORE. TIlE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
<br />perf 01111 said contract, then this obligation shall be null and void~ otherwise it shall remain in full force and effect.
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<br />The Surety hereby waives notice of any alteration or extension of time made by the Ol'lller_
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<br />Whenever Contractor shall be, and declared by the Owner to be in default under the Contract, the Owner having pcrfonned Owner's
<br />obligations Ulercunder, the Surety may promptly remedy the default, or shall promptly:
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<br />)) Complete the Contract in accordance with its terms and conditions, or
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<br />2) Obtain a bid or bids for completing the Contract in accordcillce with its tenns and conditions. and upon detennination by
<br />Surety of the lowest responsible bidder, or, if the Owner elects, upon detenllination by the Owner and the Surety jointly
<br />of the lowest responsible bidder, arrange for a contract between such bidder and Owner. and make available as work
<br />progresses (even though there should be a default or a succession of defaults under the contract or contracts of
<br />completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract
<br />price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder. the amount
<br />set forth in the first paragraph hereof. The tennllbalance of the contract price, II as used in tIns paragraph, 511all
<br />mean the total alllount payable by ilic Owner to Contractor under the Contmct and any amendments thereto, less the
<br />amount properly paid by Owner to Contractor.
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