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EXHIBIT B <br /> LABOR AND MATERIAL BOND <br /> WHEREAS,the City of Pleasanton, State of California, and (hereinafter <br /> designated as "principal")have entered into an agreement whereby principal agrees to install and <br /> complete certain designated public improvements, which agreement, dated , <br /> 20 , and identified as the Design, Supply and Installation of Replacement Play Apparatus <br /> for Val Vista Community Park CIP Project No.23745, is hereby referred to and made a part <br /> hereof, and <br /> WHEREAS, under the terms of said agreement,principal is required before entering <br /> upon the performance of the work,to file a good and sufficient payment bond with the City of <br /> Pleasanton to secure the claims to which reference is made in Title 3 (commencing with Section <br /> 9000) of Part 6 of Division 4 of the Civil Code of the State of California. <br /> NOW,THEREFORE,said principal and the undersigned,as corporate surety, are held <br /> firmly bound unto the City of Pleasanton and all contractors, subcontractors, laborers, material <br /> suppliers,and other persons employed in the performance of the aforesaid agreement and <br /> referred to in the aforesaid Civil Code in the sum of dollars <br /> ($ ), for materials furnished or labor thereon of any kind, or for amounts due under <br /> the Unemployment Insurance Act with respect to this work or labor,that said surety will pay the <br /> same in an amount not exceeding the amount hereinabove set forth, and also in case suit is <br /> brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable <br /> expenses and fees, including reasonable attorney's fees, incurred by City in successfully <br /> enforcing this obligation,to be awarded and fixed by the court, and to be taxed as costs and to be <br /> included in the judgment therein rendered. <br /> It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of <br /> any and all persons, companies and corporations entitled to file claims under Title 3 <br /> (commencing with Section 9000)of Part 6 of Division 4 of the Civil Code, so as to give a right <br /> of action to them or their assigns in any suit brought upon this bond. <br /> Should the condition of this bond be fully performed,then this obligation shall become <br /> null and void; otherwise it shall be and remain in full force and effect. <br /> The surety hereby stipulates and agrees that no change, extension of time, alteration or <br /> addition to the terms of said agreement or the specifications accompanying the same shall in any <br /> manner affect its obligations on this bond, and it does hereby waive notice of any such change, <br /> extension,alteration or addition. <br /> IN WITNESS WHEREOF,this instrument has been duly executed by the principal and <br /> surety on the date set forth above. <br /> Principal Surety <br /> By: By: <br /> (Signature of Principal and Surety must be notarized) <br />