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Bond - TTS - 2011-05-26 (2) PAYMENT BOND PAGE 1 Bond No. 0557578 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, the COSTA MESA SANITARY DISTRICT a municipal corporation and sanitary district,by minute order of the Board of Directors,adopted on 717,9 G a411 ,,has awarded to CONTRACTOR (NAME AND ADDRESS OF CONTRACTOR) hereinafter designated as the 'Principal" Contract No. CON-PROJECT 189 for the work described as follows: Rehabilitation of Six Sewers Transferred to CMSD. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS,said Principal is required by the provisions of said Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and International Fidelity Insurance Company 233 Wilshire Blvd. Santa Monica, CA 90401 (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: Dollars ($267,940.00 ),said sum being not less than one hundred(100%)percent of the estimated amount payable under the terms of the Contract for which payment well and truly be-made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, it said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used In, upon,for ocabout the performance of the work contracted to-be done,or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 otthe Revenue and Taxation Code,with respect to such work and labor then said Surety will pay for the same,in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns In any suit brought upon the bond. *Two Hundred Sixty Seven Thousand Nine Hundred Forty&00/100 f t PAYMENT BOND PAGE 2 Bond No. 0557578 fi Further the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of-the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time and alterations or modifications of the Contract Documents and/or of the work to be performed thereunder IN WITNESS WHEREOF we have hereunto set our hands and seals this - 27th day of April 2011 ITS Engineering, Inc. Contractor Name 4952 Warner Ave. #210 Street Address - Huntington Beach, CA 92649 City State,Zip Code PRINCIPAL By - Compan presentative In accordance with the Contract for Rehabilitation of Six Sewers Transferred to CMSD, all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety in accordance with Code of Civil Procedure Section.995.660 By signing.below Surety certifies that the bonds are issued by an admitted surety International Fidelity Insurance Company Name 233 Wilshire Blvd. Street Address Santa Monica, CA 92649 City State,Zip Code SURETY Company Representative Frank Morones, Attorney-in-Fact APPROVED AS TO FORM: Cohn R Bums, Associate District Counsel Costa Mesa"Sanitary District r , By/s/ 7e- a