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Bond - Southwest - 2011-12-19 Triplicate Execution PAYMENT BOND PAGE 1 Bond No. 024041176 Premium Included Charge for Performa Bond COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS. THAT WHEREAS the COSTA MESA SANITARY DISTRICT a municipal corporation and sanitary district, under the authority of the General Manager has awarded to CONTRACTOR Southwest Pipeline and Trenchless Corporation 539 W 140`h Street Gardena. CA 90248 hereinafter designated as the 'Principal' Contract No CMSD PROJECT NO. 164 for the work described as follows: SEWER ROOT CONTROL PROGRAM. Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by reference. WHEREAS said Principal is required by the provisions of said Contract and of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and Safeco Insurance Company of America 330 N. Brand Blvd., Ste 550, Glendale, CA 91203 (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 of: Ninety nine thousand four hundred dollars ($99,400.00), said sum being not less than one hundred (100%) percent of the estimated amount payable under the terms of the Contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor then said Surety will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. Triplicate Execution PAYMENT BOND PAGE 2 Bond No. 024041176 Further the said Surety for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the Contract Documents and/or of the work to be performed thereunder IN WITNESS WHEREOF we have hereunto set our hands and seals this 19`h day of December 19, 2011 Southwest Pipeline and Trenchless Corporation 539 W 140th Street Gardena, CA 90248 PRINCIPAL STEVEN R.VOSSMEYER PRESIDENT/TREASURER _ =+ THWEST PIPELINE AND Company Representative TRENCHLESS CORP In accordance with the Contract for SEWER ROOT CONTROL PROGRAM, 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 of Civil Procedure Section 995.660 By signing below Surety certifies that the bonds are issued by an admitted surety Safeco Insurance Company of America Name 330 N. Brand Blvd., Ste 550 Street Address Glendale, CA 91203 City State, Zip Code SURETY ,1 di r By Compaepresentative Noe i Quiroz, Attorney-in-Fact APPROVED AS TO FORM: Colin R. Burns, Associate District Counsel Costa Mesa Sanitary District By/s/ ��/ 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of Los Angeles On DEC 19 2011 , before me, Lisa L. Thornton, Notary Public personally appeared Noemi Quiroz who proved to me on the basis of satisfactory evidence to be the perso4s4 whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4+s/her/their authorized capacity{ies), and that by Msfher/t signatures) on the instrument the person{s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LISA L. THORNTON .fN.r t . Commission # 1940213 -a°�1 Notary Public California Z "' '� Los Angeles County > My Comm.Expires Jun 1Q,2015 J Signature: (Seal) Lis. . Thor ton, No :ry Public