HomeMy WebLinkAbout1995-064 Payment Bond-Burl BrimBOND NO. 190049P
PERFORMANCE AND PAYMENT BOND
The undersi/jad Burl Brim Excavation, Inc.
principal, further referred to in tiffs bond as Contractor, and * .. ,, as surety,
l~rther referred to in this bond as Surety, are Jointly and sevexaHy bound unto City of
Ashland, as obllgee, further referred to in this bond as City, in the sum of **
. Dollars ($ 4~. 6~]. 60). *Indemnity Company of California
· *Forty-Three Thousand Six Hundred Thirty-One a'nd 60/100 Dollars.
Contractor and City have entered into a written contract dated 6/6/95 , [or the
following project: Granite Str.e. et Sanitary Sewer Construction ~95-01
contract h fur~er referred to ha ~IS bond as the Contract and ~ k~orporated into th~ bond
by th~ reference.
The conditions of this bond are:
If Contractor falthfu!l~ performs the Contract within the time prescribed by the
Contract, and promptly makes payment to all claimants, as defined In O1~
279.$26 through 279.542, then this obligation is null and void; otherwise it shall
remain In full force and effect.
m
If Contractor is declared by City to be in default under the Contract, the Surety
shall promptly remedy the default, perform all of Contractor's obligations under
the Contract in accordance with its terms and conditions and pay to City all
damages that are due under the Contract.
3. This bond is subject to claims under ORS 279.$26 through 279.542.
**
This obligation joinfly and severally binds Contractor and Surety and their
respective heirs, executors, administrators, successors.
Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
The bond number and the name, addre~, and telephone number of the agent
authorized to receive notices concernin~ this bond are as follows:
Bond N;!mber
190049P
BondAgent
Sedgwick James of 0r~gon, Inc.
Addr~s 111 SW Columbia
Portland; OR 97201-5897
(503) 248-6400
SIGNED ~ht~ 8th day of
June .... , 1~__5.
Inc.
Ashland, OR 97520
SUI~y Indemnity Com~a31y of
Stacy A. ~Flynn _ =-~/C~
TitleAttorney-in-Fact
Le~alAddr~ One.Centeupginte' pr., Ste.310,
~ak~ Oswego, OR 970~4z.
,'i¢orporate $ecre -y
~±sa S. ¥a_m~a-~oA~so~
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY N-° 222217
P.O. BOX 19725, IRVINE, CA 92713 · (714) 263-3300
',S'~OW~rofA~torr~eyshould lot bereturrect~ theAttorney(s)-In-Fact but shoutd remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly. hereby make, constitute and appoint
***STACY A. FLYNN, RICHARD W. K0WALSKI, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship ~n an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power o¢ Attorney ~s granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
iN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 1st day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA
--~~sVii;eCne~t*, J r. ~
ATTEST
Walter Crowell
Secretary
DEVELOPERS INSURANCE COMPANY
By Da nt ~*~r ~sVii;eCne~ti, J r'
ATTEST
Walter Crowell
Secretary
WITNESS my hand and official seat.
Signature .. ~_.~~
Notary Public
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On July t 5, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per-
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on
behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company. the Corporations therein named, and acknowledged
to me that the corporations executed it.
; ~i~ OFFICIAL SEAL
J. ALVARADO
COMM. #1023169
NOTARY PUBLIC - CALIFORNIA
My Commission Exp. Apr. 17, 1998
CERTIFICATE "
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney. are m force as of the date of this Certificate.
This Certificate ,s executed in the City of Irvine, California, this 8~6~L __ day of _ ~ ...... 199 5
INDEMNITY COMPANY OF CALIFORNIA
LC. Fiebiger
Senior Vice President
D-310 REV 1,,~5
DEVELOPERS INSURANCE COMPANY
By ':L.C. Fiebiger
Senior Vice President