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Bond No. 6156863 <br />Premium: Included <br />LABOR AND MATERIALS BOND <br />WHEREAS CITY OF COLTON (hereinafter "Obliges") has awarded to GMC <br />ENGINEERING, INC. (hereinafter "CONTRACTOR"), a contract for worK consisting of but not <br />limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the <br />construction of the SANTA ANA RIVER PROJECT AREA — WASHINGTON STREET MEDIANS <br />Project and all other required structures and facilities within the rights-of-way, easements and <br />permits; <br />WHEREAS, the Work to be performed by the CONTRACTOR is more particularly <br />set forth in that certain contract for the said Public Work dated April 11th <br />2002, (hereinafter the "Public Work Contract"); and <br />WHEREAS, said CONTRACTOR is required to furnish a bond in connection with <br />said Public Work Contract providing that if said CONTRACTOR or any of his or its subcontractors <br />shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about <br />the performance of the Work contracted to be done, or for any work or labor done thereon of any <br />kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to <br />such work or labor, that the Surety on this bond will pay the some together with a reasonable <br />attorney's fee in case suit is brought on the bond. <br />NOW, THEREFORE, we GMC Engineering, Inc. <br />the undersigned CONTRACTOR, as Principal and First National Insurance Company of America, <br />a corporation organized and existing under the laws of the State of Washington <br />and duly authorized to transact business under the laws of the State of California.. as Surety, are <br />held and firmly bound unto the CITY OF COLTON and to any and all material men, persons. <br />companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or <br />about the performance of the said Public Work, and all persons, companies or corporations renting <br />or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, <br />and all persons performing work or labor upon the same and all persons supplying both work and <br />materials as aforesaid excepting the said CONTRACTOR, the sum of Six Hundred Fifty-seven <br />Thousand One Hundred Fortv-seven dollars and For •six cents, $657.147.46, said sum being <br />not less than 100% of the total amour: payable by said Obligee under the terms of the said Public <br />Work Contract, for which payment well and truly to be made, we bind ourselves, our heirs, <br />executors and administrators, Successors and assigns jointly and severally, firmly by these <br />presents. <br />THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its <br />subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any <br />materials, provisions, or other supplies or machinery used in, upon, for or about the performance of <br />the Work contracted to be done, or for work or labor thereon of any kind., or fail to pay any of the <br />persons named in California Civil Code Section 3161, or amounts due under the Unemployment <br />Insurance Code with respect to work or labor performed by any such claimant, or for any amounts <br />required to be deducted, withheld, and paid over to the Employment Development Department <br />from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section <br />13020 of the Unemployment Insurance Code with respect to such work and labor, and all other <br />applicable iaws of the State of California and ruies and regulations of its agencies, then said Surety <br />will pay the same in or to an amount not exceeding the sum specified herein. <br />12 <br />