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DocuSign Envelope ID: E451AB8C-D447-45EF-89BD-D55B981AD3F5 <br />Bond No.: 602-127040-5 <br />Premium: Included on Performance Bond <br />CITY OF SAN LEANDRO <br />STATE OF CALIFORNIA <br />PAYAMNT BOND <br />KNOW ALL MEN BY TEESE PRESENTS: <br />WHEREAS, the City of San Leandro, a municipal corporation, has awarded to Me NELY <br />CONSTRUCTION, 1040 Davis Street, Suite 203, San Leandro, CA 94577, hereinafter designated as <br />the "Principal", a contract for Boys and Girls Club Pool Resurfacing, Project No. 2018.3400; and <br />WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment <br />of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by <br />law. <br />NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of <br />San Leandro in the sum of Niue Hundred Twelve Thousand, Two Hundred Eighty Nine Dollars <br />($912,289.00), said sum being equal to the estimated amount payable by said City of San Leandro under <br />the terms of the 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 presents. <br />THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal's heirs, <br />executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, <br />provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the <br />performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts <br />due under the 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 wages of employees <br />of the Contractor and Contractor's subcontractors pursuant to the Revenue and Taxation Code, with respect <br />to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the <br />sum specified in 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. <br />This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file <br />claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them <br />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, Standard <br />Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration. <br />or addition to the terms of the contract, or to the work to be performed there under, or to the specifications <br />accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice <br />of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or <br />to the specifications. <br />Last Revised: 08f29112 Page I Payment Bond <br />Boys and Girls Club Pool Resurfacing Project No. 2018.3400 <br />