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<br />I <br /> <br />I <br /> <br />I <br /> <br />Attachment B-1 <br />Performance Bond <br /> <br />STATE OF <br /> <br />COUNTY OF <br /> <br />(Contractor name), <br />(address), <br /> <br />We, <br />of <br />as Principal, and <br />(bond company name), as Surety, are held and firmly bound unto the City of San <br />Marcos, Texas, as Owner, in the penal sum of <br />dollars ($ ), for the payment <br />of which the Principal and Surety bind themselves and their heirs, administrators, <br />executors, successors and assigns, jointly and severally, by this bond: <br />The Principal has entered into a written Contract with the Owner dated <br />for the Provision and Installation of High Technology <br />Odor Control Equipment Project, which is fully incorporated into this bond by reference. <br />The condition of this obligation is that if the Principal faithfully and promptly <br />performs all work for the Project in accordance with the Contract Documents, and <br />faithfully and promptly observes and performs all of its covenants, conditions, duties and <br />obligations under the Contract Documents according to their true intent and meaning, <br />then this obligation will be satisfied; otherwise it will remain in full force and effect. <br />If the Owner declares the Principal to be in default under the Contract, the Surety <br />agrees to either 1) promptly remedy the default, or 2) faithfully and promptly perform <br />and complete the Project in accordance with the Contract Documents. <br />The Surety, for value received, agrees that no modification, change order, <br />extension of time, amendment or addition to the Contract, or to the plans, specifications, <br />drawings or other Contract Documents, will in any way affect the Surety's obligation on <br />this bond, and the Surety waives notice of any such modification, change order, <br />extension of time, amendment or addition. <br />The Surety certifies that it is authorized and admitted to write surety bonds in <br />Texas. If this bond exceeds $100,000.00 the surety certifies that it either 1) holds a <br />certificate of authority from the United States Secretary of the Treasury to qualify as a <br />surety on obligations permitted or required under federal law, or 2) has obtained <br />qualified reinsurance for any liability in excess of $1:00,000.00 from a reinsurer that is <br />authorized and admitted as a reinsurer in the State of Texas, and is the holder of a <br />certificate of authority from the United States Secretary of the Treasury to qualify as a <br />surety or reinsurer on obligations permitted or required under federal law. This bond is <br />governed by Chapter 2253 of the Texas Government Code, and it is provided solely for <br />the protection of the Owner. <br /> <br />1 <br />