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Project 187 - Bond - Wright Constructors - 2009-08-27 FAITHFUL PERFORMANCE BOND BOND I 0 05 731'3 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND (District Contract) KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS COSTA MESA SANITARY DISTRICT a California sanitary district, by minute order OT the Board of Directors adopted on Aunust 27. 2n09 has a'marded to noward Wrtcht Constructor,,, LP NAME OF CONTRACTOR 2121 Alton Parkway Suite 150-P *vane CA 92606 ADDRESS OF CONTRACTOR hereinafter designated as the 'Principal' a Contract for the work described as follows: Costa Mesa Sanitation Distract Corpora,, and New Bu_l in9 & ,.e TmPro„^m JOB NAME AND JOB ADDRESS WHEREAS the said Principal is required under the terms of said Contract and District's Operations Code Section 7 05.030 to furnish a bond for the faithful performance or said Contract, including a one-year guarantee of the work performed NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and F_delity and Deposit Company of Maryland. P.O. Sox 3019, Bothell. WA 98041-301 (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 OT Two Million One Hundred Sixty One Thousand Five Hundred Forty Six & Pin/inn Dollars (S 2,161,546.00 ), said sum being not less than one hundred (100%) percent of the contract price for the payment or wnicn sum well and truly to be ifldUe, we bldg ourselves, our heirs executors administrators, and successors jointly and severally firmly b' these, presents THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden Principal his or its heirs, executors administrators successors or assigns, shall in all things stand to and abide by and 'all and truly keep and perform all the undertakings, terms covenants conditions and agreements in the said contract and any alteration thereot made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning. and shall indemnify and save harmless the Costa Mesa Sanitary District, its officers and agents as therein stipulated then this obligation shall become null and 'oid other 'ise it shall be and remain in full Toros and virtue. This obligation covers a one-year guarantee on work performed after said vork has been completed. 1 a The one-year period shall commence on the dd e the Notice of Competion has been recorded In case suit is brought upon this bond Surety further agrees to pay all court costs and reasonable attorne"s tees as fixed by the court. And the said Surety for value received, hereby stipulates and agrees that no chance. extension of time alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond and it does hereby waive notice of any such change, extension or time alteration or addition to the terms of the Contract or to the work or to the specifications All signatures shall be properly notarized and a properly authenticated power of attorney must be submitted. IN WITNE�S W' �E OF we have hereunto set our hands and seals this day of q �� I ( 20_ PRINCIPAL CONTRACTOR Howard S. W.ioht Constructors LP Com _ny Representative James C Constance CFO In accordance with the Contract described above 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 or Civil Procedure Section 995 660 By signing below Surety certifies that the bonds are issued by admitted Surety SURETY ride ty and Deposit Company of Maryland By. h% 4f , - canner Representative Julie M. Glover Pttorney—in—Fact APPROVED "TO FORM. By Is/ eL /Van R. Burns District Counsel a r,1ese S-n,ter District