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LABOR AND MATERIAL BOND <br />Bond #: 107887823 <br />Premium: Included in that of <br />Performance Bond <br />Whereas, the City Council of the City of Pleasanton, State of California, and <br />O'Grady Paving, Inc. ("Principal") have entered into an agreement whereby <br />Principal agrees to install and complete certain designated public improvements, which <br />agreement, dated April 16, , 2024 , and identified as ANNUAL STREET <br />RESURFACING & PREVENTATIVE MAINTENANCE, PROJECT NO. 24503, is <br />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 Section9OOO) of Part 6 of Division 4 of the Civil Code in <br />the sum of Six Million Eight Hundred Sixty -One Thousand * dollars ($ 6,861,680.85 ), <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 />* Six Hundred Eighty and 85/100----- <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 April 19 2024 <br />Surety Travelers Casualty and Surety Company of America <br />cZ By: ____ _ <br />Catherine A. Pinney, Attorney in Fact <br />(Signature of Principal and Surety must be notarized) <br />THIS PAGE LEFT INTENTIONALLY BLANK <br />DocuSign Envelope ID: 481D2ACD-7F64-46CA-9ACB-AF08839CFE54