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Exhibit D – Page 1 of 2
<br />CITY OF SAN LEANDRO
<br />STATE OF CALIFORNIA PAYMENT BOND
<br />
<br /> KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />WHEREAS, the City of San Leandro, a municipal corporation, has awarded to ACCO Engineered Systems, hereinafter designated as the “Principal”, a contract for Main Library
<br />Boiler Replacement; 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 said
<br />contract, as provided by law.
<br />NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of San Leandro in the sum of $228,912.56, said sum being equal to the estimated amount payable by said City of San Leandro under the terms of the contract, for which payment
<br />well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.
<br />THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon,
<br />for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the
<br />Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and
<br />labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum
<br />specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon
<br />this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.
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<br />This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right
<br />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 Plans,
<br />Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect
<br />its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications.
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