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clJic Payment Bond (Public Work) Home Office: 1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 For the CBIC branch "earest you, call Toll Free (888) 283-2242 (888) 293-2242 FAX INSURANCE Bond NUlnber: 886384 Premiunl: Included with performance KNOW ALL BY THESE PRESENTS, That we, Pump Repair Service Company, Inc. , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation, called the Surety, are held and firmly bound unto City of Redwood City , called the Obligee, in the sum of Fifteen Thousand Four Hundred Forty and----------------------------------------- Dollars ($ 15,440.00--------- ) for the payment whereof said Principal and Surety bind themselves by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated , for . Seaport Centre Storm Water Station (" Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material used, consumed or incorporated in the performance of the constructiO:l work under the Contract, then this obUgation shall be void; Dther~vise to remain in fun force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct subcontractor of the Principal to supply labor and/or materials and said labor and/or materials are actually used, consunled or incorporated in the performance of the construction work under the Contract. 2. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Clainlant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgnlent for the amount due under Claimant's contract for the labor and/or lnaterials supplied by the Claimant which were used, consunled or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of (1) one year after the day on which the Claimant last supplied the labor and/or materials for which the claim is made; or (2) the linlitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond, which is prohibited by any law controlling in the state where the suit is filed, shall be deemed to be amended so as to be equal to the nlinimum period of linlitation permitted by the law of that state; and b. Other than in a state court of competent jurisdiction in the county or other political subdivisioIl of the state in which the project, or any part thereot, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Signed and sealed this 30th day of August 2010 Pump Repair Service Company, Inc. CONTRACTORS BONDING AND INSURANCE COMPANY By: r{i;tp~ By: ~~ Wesley B. Hong ,Attorney-in-fact BndPayPW.OI-03110S