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MANDATORY FORM <br />FAITHFUL PERFORMANCE BOND <br />Bond No. 123524 <br />KNOW ALL MEN BY THESE PRESENTS, <br />That Lavne-Western. McCalla Division as Contractor, <br />and National Union Fire Insurance Commpanv of Pittsburgh PA as Surety, <br />are held and firmly bound unto the City of Colton, as Owner, in <br />the sum of <br />One Hundred Five Thousand and No/100--------------------------------------------------- dollars, <br />lawful money of the United States, said sum being not less than <br />100 percent of the total contract amount, for the payment of which <br />,sum, well and truly to be made, we bind ourselves, our heirs, ex— <br />ecutors, and administrators, successors, and assigns, jointly and <br />severally,, firmly by these presents. <br />WHEREAS, said Contractor has been awarded and is about to enter <br />into the annexed agreement with said City to perform all work <br />required under the City's Specifications entitled: <br />"CONTRACT DOCUMENTS AND SPECIFICATIONS <br />FOR CONSTRUCTION OF WELL NO. 24" <br />- NOW, THEREFORE, if said Contractor shall perform all the require- <br />ments of said agreement required to be performed on his part, at <br />the times and in the manner specified herein and shall indemnify <br />and save harmless the said City, its officers,, employees and <br />agents, as therein stipulated, then this obligation shall be null <br />.and void, otherwise it shall remain in full force and effect. <br />PROVIDED, that any alterations in the work to be done or the mate— <br />rials to be furnished, which may be made pursuant to the germs of <br />said contract, shall not in any way release said Contractor or <br />said Surety thereunder, nor shall any extensions of time granted <br />under the provisions of said contract release either said Con- <br />tractor or said Surety, and notice of such alterations or exten— <br />sions of the contract is hereby waived by said Surety. <br />In the event suit is brought upon this Bond by said City and judg- <br />ment is recovered, (or settlement made which is favorable -to <br />(City), -said Surety shall pay all costs incurred by said City in <br />s-uch suit, including a reasonable attorney's fee to be fixed by <br />-the court. <br />SIGNED AND SEALED, this 7th <br />CONTRACTOR: <br />LAYN - T FN N <br />BY <br />By <br />Surety's Phone 212-770-7000 <br />day of February, 1994. <br />SURETY: <br />PA <br />S /'James C. Pateidl Atto rnev- in -Fact <br />B <br />Its <br />Address 70 Pine Street <br />New_York, NY 10270 <br />ALL SIGNATURES ON THIS BOND MUST BE ACKNOWLEDGED BEFORE NOTARY <br />PUBLICS, AND A LEGALLY SUFFICIENT POWER OF ATTORNEY MUST BE AT- <br />TACHED TO THE BOND TO VERIFY THE AUTHORITY OF ANY PARTY SIGNING ON <br />BEHALF OF A SURETY. <br />14 <br />