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Bond Number: 723979 <br /> Premium: $1,857.39 <br /> Subject to Final Contract Price Adjustment <br /> FAITHFU! PERFORMANCE BOND <br /> KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City of Redwood City("City"), <br /> San Mateo County, State of California, has awarded to <br /> Environmental Risk Specialties Corp. dba Water Rock Restoration , hereinafter designated 8S the <br /> "Principai", a Contract, the terms and provisions of which Contract are incorporatad herein by <br /> reference, for constructing the following project: <br /> SEAPORT RIP RAP REPLACEMENT PROJECT <br /> and <br /> WIiEREAS, said Principal is required under the terms of said Contract to furnish a bond for the <br /> faithful pertormance of said Contract; <br /> I�OW THEREFORE WB, the Principal, and DevelopersSuretyAndlndemniryCompany � aS <br /> surety, are held and firmly bound unto City, San Mateo Counfy, California, in the penal sum of <br /> Siuty One Thousand Nine Hundred Thirteen and No/100-------------- DOII81'S �$ 61,913.00-----------� lawful money <br /> of the Unifed States, being one hundred percent (100%) of the Contract amount, for the <br /> payment of which sum well and truly to be made, we bfnd ourselves, our heirs, executors, <br /> administrators and successors, jointly and severally, firmly by these presents. <br /> THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or <br /> its heirs, executors, administrators, successors or assigns, shail in all things stand to and abide <br /> by, and wiil 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 Councii, <br /> Commissioners, boards, committees, officers, employees and agents, as therein stipulated, <br /> then this obligation shall be null and void; othervvise it shall be and remain in full force and <br /> virtue. <br /> As a condition precedent fo the satisfactory compietion 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 totally 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 /> And the said Surety, for value received, hereby stipulates and agrees to waive the provisions of <br /> California Civii Code Section 2819 regarding consent to change, extension of time, alteration, or <br /> addition to the terms of the Contract or to the work fo be perForrned thereunder, or the <br /> Specifications accompanying the same shall in any way affect its obligations on this bond; and it <br /> does here6y waive notice of any such change, extension of time, alteration or addition to the <br /> terms of the Confraot, or to the work, or to the Specifications. <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 tha penal sum hereinabove specified, we agree to pay to the <br /> said Ci4y, 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 /> SEAPORT RIP RAP REPLACEMENT PROJECT <br />