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<br />Attachment D <br /> <br />Payment Bond <br /> <br />STATE OF <br /> <br />COUNTY OF <br /> <br />(Contractor name), <br />of (address), <br />as Principal, and <br />(bond company name), as Surety, are held and firmly bound unto the City of San Marcos, <br />Texas, as Owner, in the penal sum of <br />dollars ($ ) for the <br />payment of which the Principal and Surety bind themselves and their heirs, administrators, <br />executors, successors and assigns, jointly and severally, by this bond. <br />The Principal has entered into a Contract with the Owner dated <br />for the construction of the <br /> <br />which is fully incorporated into this bond by reference. <br />The condition of this obligation is that if the Principal pays all persons who supply <br />public work labor or material for the Project, then this obligation will be satisfied; otherwise <br />this bond will remain in full force and effect. <br />This bond is provided under the provisions of Chapter 2253 of the Texas <br />Government Code, as amended and all liabilities on this bond shall be determined in <br />accordance with the provisions of that statute to the same extent as if it were copied at <br />length in this document. <br />The Surety, for value received, stipulates and agrees that no change, <br />extension of time, alteration or addition to the terms of the Contract, or the plans, <br />specifications, drawings or other Contract Documents, or to the work performed under the <br />Contract Documents, shall in any way affect its obligation on this bond, and the Surety <br />waives notice of any such change, extension of time, alteration or addition. <br />The Surety certifies that it is authorized and admitted to write surety bonds in Texas. <br />If this bond exceeds $100,000.00 the surety certifies that it either 1) holds a certificate of <br />authority from the United States Secretary of the Treasury to qualify as a surety on <br />obligations permitted or required under federal law, or 2) has obtained qualified <br />reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized <br />and admitted as a reinsurer in the State of Texas, and is the holder of a certificate of <br />authority from the United States Secretary of the Treasury to qualify as a surety or <br />reinsurer on obligations permitted or required under federal law. This bond is governed by <br />Chapter 2253 of the Texas Government Code, and it is provided solely for the protection <br />of the Owner. <br />Mandatory venue for any legal action filed upon this bond is in Hays County, Texas. <br /> <br />Project, <br /> <br />Executed and sealed by the Principal and Surety on <br />