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<br />.. " <br /> <br />Bond #1000852020 <br />Premium: $3,436.00 <br />FAITHFUL PERFORMANCE BOND <br /> <br />KNOW ALL MEN BY THESE PRESENTS: that. WHEREAS, the City of Redwood City(IICity"), <br />San Mateo County, State of California, has awarded to <br />McNabb Construction, Inc. dba.: DR Environmental, hereinafter designated as the <br />"Principalll, a Contract, the terms and provisions of which Contract are incorporated herein by <br />reference, for constructing the following project: <br />Red furton Park BBQ Area Shade Structure <br /> <br />RED MORTON PARK BBQ AREA SHADE STRUCTURE PROJECT <br /> <br />and <br /> <br />WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the <br />faithful performance of said Contract; <br /> <br />NOW, THEREFORE. we, the Principal, and American contractors Indenmity ~cmY <br />surety, are held and firmly bound unto City, San Mateo County, California, in the penal sum of <br />One hrmdred sixty tv;o thousand four hrmdred Dollars ($ 162,400.00). lawful money <br />of the United States. being one hundred percent (1000~) of the Contract amount. for the <br />payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, <br />administrators and successors, jointly and severally. firmly by these presents. <br /> <br />THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal. his or <br />its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide <br />by, and will truly keep and faithfully perform the covenants. conditions, and agreements in the <br />said Contract and any alterations made as therein provided, on his or their part, to be kept and <br />performed at the time and in the manner therein specified, and in all respects according to their <br />true intent and meaning, and shall indemnify and save harmless City, its Council, <br />Commissioners, boards, committees, officers, employees and agents, as therein stipulated, <br />then this obligation shall be null and void; otherwise it shall be and remain in full force and <br />virtue. <br /> <br />As a condition precedent to the satisfactory completion of the said Contract, the above <br />obligation shall hold good for a period of one (1) year after the completion and acceptance of <br />the said work, during which time if the above bounden Principal, his or its heirs, executors, <br />administrators, successors or assigns shall fail to make full, complete and satisfactory repair <br />and replacements or tot.3l1y protect the said City from loss or damage made evident during said <br />period of one (1) year from the date of acceptance of said work, and resulting from or caused by <br />defective materials or faulty workmanship. in the prosecution of the work done, the above <br />obligation shall be and remain in full force and virtue. <br /> <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 /> <br />In the event City, or its successors or assigns, shall be the prevailing party in an action brought <br />upon this bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the <br />said City, or its successors or assigns, a reasonable sum on account of attorney's fees in such <br />action. which sum shall be fixed by the court. <br />