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APPENDIX 1-1 <br />CITY OF SAN LEANDRO <br />STATE OF CALIFORNIA <br />PAYMENT BOND <br />KNOW ALL MEN BY THESE PRESENTS: <br />WHEREAS, the City of San Leandro, a municipal corporation, has awarded to <br />,hereinafter designated as the "Principal", a contract for (project <br />title and no.); and <br />WHEREAS, said Principal is required to furnish a bond in connection with said contract, to <br />secure payment of claims of laborers, mechanics, or materialmen employed on work under <br />said contract, as provided bylaw. <br />NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly <br />bound unto the City of San Leandro in the sum of <br />($ ), said sum being <br />equal to the estimated amount payable by said City of San Leandro under the terms of the <br />contract, for which payment well and truly to be made, we bind ourselves, our heirs, <br />executors, administrators, successors, or assigns jointly and severally, firmly by these <br />presents. <br />THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or <br />Principal's heirs, executors, administrators, successors, or assigns, or subcontractors shall fail <br />to pay for any material, provisions, provender, or other supplies, implements, or machinery <br />used in, upon, for or about the performance of the work contracted to be done, or for any <br />work or labor thereon of any kind, or for amounts due under the Unemployment Insurance <br />Code with respect to such work or labor, or for any amounts required to be deducted, <br />withheld, and paid over to the Franchise Tax Board from these wages of employees of the <br />Contractor and Contractor's subcontractors pursuant to the Revenue and Taxation Code, with <br />respect to such work and labor, the Surety or Sureties hereon will pay for the same in an <br />amount not exceeding the sum specified in this bond, otherwise the above obligation shall be <br />void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee <br />to be fixed by the court. <br />This bond shall inure to the benefit of any and all persons, companies, and corporations <br />entitled to file claims under Section 3138 of the Civil Code of the State of California so as to <br />give a right of action to them or their assigns in any suit brought upon this bond. <br />Said Surety, for value received, hereby stipulates and agrees that, in accordance with the <br />Plans, Standard Specifications, Special Provisions, and other Contract Documents, no <br />change, extension of time, alteration or addition to the terms of the contract, or to the work to <br />WPCP Cogeneration 090808 -Page 56 of 60 <br />