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<br />Non-Professional Services Agreement between May 7, 2018
<br />City of San Leandro and Newton Construction & Management, Inc.—Exhibit D Page 1 of 2
<br />EXHIBIT D PAYMENT BOND
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<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />WHEREAS, the City of San Leandro, a municipal corporation, has awarded to Newton
<br />Construction & Management, Inc., hereinafter designated as the “Principal,” a
<br />contract for the Marina Community Center Renovation Project; and,
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<br />WHEREAS, said Principal is required to furnish a bond in connection with said contract,
<br />to secure payment of claims of laborers, mechanics, or materialmen employed on work
<br />under said contract, as provided by law.
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<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 $188,870.52, said sum being equal to
<br />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.
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<br />THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or
<br />Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors
<br />shall fail to pay for any material, provisions, provender, or other supplies, implements, or
<br />machinery used in, upon, for or about the performance of the work contracted to be
<br />done, or for any work or labor thereon of any kind, or for amounts due under the
<br />Unemployment Insurance Code with respect to such work or labor, or for any amounts
<br />required to be deducted, withheld, and paid over to the Franchise Tax Board from these
<br />wages of employees of the Contractor and Contractor’s subcontractors pursuant to the
<br />Revenue and Taxation Code, with respect to such work and labor, the Surety or
<br />Sureties hereon will pay for the same in an amount not exceeding the sum specified in
<br />this bond, otherwise the above obligation shall be void. In case suit is brought upon this
<br />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
<br />entitled to file claims under Section 3138 of the Civil Code of the State of California so
<br />as to give a right of action to them or their assigns in any suit brought upon this bond.
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<br />Said Surety, for value received, hereby stipulates and agrees that, in accordance with
<br />the Plans, Standard Specifications, Special Provisions, and other Contract Documents,
<br />no change, extension of time, alteration or addition to the terms of the contract, or to the
<br />work to be performed there under, or to the specifications accompanying the same,
<br />shall in anywise affect its obligations on this bond, and it does hereby waive notice of
<br />any such change, extension of time, alteration or addition to the terms of the contract, or
<br />to the work, or to the specifications.IN WITNESS WHEREOF, the above-bound parties
<br />have executed this instrument under their seals this_______________day of
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