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Premium is included in the Performance bond and is subject to adjustments based on final contract price <br />80nd No .: Esooo 17614 LABOR AND MATERIAL BOND <br />Whereas, the City Council of the City of Pleasanton, State of California, and <br />American Asphalt Repa ir and Resurfacing Company , lnc .("Principal") have entered into an agreement whereby <br />Principal agrees to install and complete certain designated public improvements , which <br />agreement, dated May 7 , 20 24; and identified as ANNUAL SLURRY SEAL <br />PROJECT, PROJECT NO. 24504, is hereby referred to and made a part hereof; and <br />Whereas, Under the terms of the agreement, Principal is required before entering upon <br />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 <br />Section 9000) of Part 6 of Division 4 of the Civil Code. <br />Now, therefore, Principal and the undersigned as corporate surety , are held firmly bound <br />unto the City of Pleasanton and all contractors, subcontractors, laborers , material <br />suppliers, and other persons employed in the performance of the agreement and referred <br />to in Title 3 (commencing with Section9000) of Part 6 of Division 4 of the Civil Code in <br />the sum ofrhree Hundred Seventy-Four Thousand Three Hundred Ninety and 75/100 dollars ($ 374 ,390.75 ), <br />for materials furnished or labor thereon of any kind, or for amounts due under the <br />Unemployment Insurance Act with respect to this work or labor, that the surety will pay <br />the same in an amount not exceeding the amount hereinabove set forth , and also in case <br />suit is brought upon this bond, will pay , in addition to the face amount thereof, costs and <br />reasonable expenses and fees , including reasonable attorney 's fees , incurred by City of <br />Pleasanton in successfully enforcing this obligation, to be awarded and fixed by the court, <br />and to be taxed as costs and to be included in the judgment therein rendered. <br />It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any <br />and all persons, companies, and corporations entitled to file claims under Title3 <br />(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a <br />right 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 the agreement or the specifications accompanying the same shall <br />in any manner affect its obligations on this bond, and it does hereby waive notice of any <br />such change, extension, alteration, or addition. <br />In witness whereof, this instrument has been duly executed by Principal and surety above <br />named, on May 8 , 20 ~- <br />-- <br />Principal America n Asp halt Repa ir and Resurfacing Company , Inc . Surety Everest National Insurance Co!!)pany --::·.:··-. __ .... ;-:. <br />_,j'.., ~ By:~ -.,-~ -.:.~--= By: <br />Stt,~w ,~ . . Kathleen ~e , Attorney-In-Fact ·._:_:..~ .:::~ ·-.--/'- <br />(S ig nature of Prmc1pal and Surety must be notanzed) ·-:---.... __ .,> <br />-✓----.. -::_--: .... ..., -. ./ <br />._.,:.,:... -- <br />DocuSign Envelope ID: E96A4C74-2FC7-4968-986D-B86E1F2596BA