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Bond No: 92929 9802 Premium: Included in Performance Bond <br /> PAYMENT BOND <br /> <br /> KNOW ALL MEN BY THESE PRESENTS: That we, . <br /> western States Surfacing Inc. <br /> <br /> organized and existing under the laws . of the State of (~ <br /> South Dakota , and authorized to <br /> execute bonds and undertaking as sole surety, as Surety, are held and firmly bound <br /> unto any and all persons named in California Civil Code Section 3181 whose ~aim has <br /> not been paid by the Cor~tractor, company or COrporation, in the aggregate: total of <br />Four Hundred Ninety Eight Thousand Nine Hundred Fifty Four DuIla~ ($q.98.95q.68 :. ) <br />Dollars and Si~.ing 100% Of the Contract amount) for the payment whereof, well and truly to be <br />Eight Cents made, said Principal and Surety bond themselves,, their heirs, admin.tstrators. <br />successors, and assigns, jointly and severa ly, firmly by'these presents. <br /> THE CONDITION OF THE FOREGOING OBLIGATI°N IS SUCH that, whereas the. <br /> above with the City of Redwood City ("City") to do 'the following work, to-wit: : <br /> <br /> 2002-2003 Asphalt Rubber Schip Seal Project. <br /> NOW, THEREFORE, if .the above-bounden Principal or his subcontractors fail to pay <br /> any of the persons named in Section 3181 of the Civil Code of the State of California or <br /> amounts due under the Unemployment insurance Co~e with respect to work; or labor <br /> performed under the Contract, or for any a'mOUnts,required to be deducted, Withheld, <br /> and paid over to the Employment Development Department .from the wages of <br /> employees of the Contractor and his subCOntractor pursuant to Section 13020 of the <br /> Unemployment Insurance Code of the State of Californ a with respect to such Work and' <br /> labor, the surety will pay for the .same, in the amount not exceeding the sum specified in <br /> this bond, and also, in case suit is brought upon' this bond, a reasonab e attomey's fee, <br /> to be fixed by the Court. <br /> This bond shall, inure to the benefit of any person named in Section 3181 of; the CiVil <br /> Code of the State .of California so as to give a right of action to them or their assignees <br /> in suit brought upon this bend. <br /> This bond is executed and filed to comply with the provisions of the act of the <br /> Legislature of the State of California as designated in Civil Code Sections 3:247-3252, <br /> inclusive, and all amendments thereto. . <br /> And the said Surety, for value received, hereby stipulates and agrees to Waive the <br /> provisions of California Civil Code Section 2819 regarding consent to change, extension <br /> of time alteration, or addition to the terms of the contract, Or to. the work to be i~erformed <br /> thereunder, or the Specifications acCOmpanying the same,, shall in any way ,affect its <br /> obligations on this bond; and it does hereby waive 'notice of any such change extension <br /> of time. alteration, or addition to the terms of the Contract, or to the work, lot to' the . <br /> Specifications, <br /> <br /> <br />