Loading...
HomeMy WebLinkAbout1997-085 Bond - Cascade EarthCITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (541) 488-5587 ENGINEERING: (541) 488-5347 CITY HALL 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541) 488-6006 NOTICE OF TRANSMITTAL TO: Barbara Christensen, City Recorder DATE PROJECT JOB NO. SUBJECT 08/27/97 Wetlands N/A Performance Bond THE FOLLOWING ITEMS ARE BEING SENT TO YOU: One original Performance Bond for Cascade Earth Sciences, Ltd., in reference to the Demonstration Wetlands. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Public Works Files Department of Public Works By: Paula Brown, P.E. Title: Director of Public Works (c:\PW~nottrans. frm STAR INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that CASCADE EARTH SCIENCES, LTD. PERFORMANCE BOND BOND NO. - SA1436210 as Principal (hereinafter called the Principal) and Star Insurance Company, a corporation under the laws of the State of Michigan (hereinafter called the Surety), as Surety, are held and fn-mly bound unto **ONE HUNDRED FIFTY ONE THOUSAND TWO CITY OF ASHLAND HUNDRED NINE AND 00/100'* As Obligee, hereinafter called Owner, in the amount of ** Dollars ($151,209.00 ), for the payment whereof Contractor and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, £n-rnly by these presents. WHEREAS, Principal has by written agreement dated MARCH 14 ,199 7 , entered into a contract with Owner which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, TI-IEILEFORE, THE CONDITION OF 'II-IIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void, and declared by O~mer to be in default under the Contract, the Owner having performed Owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereo£ The term "balance of the contract price," as used in this paragraph, shall mean the Iota[ amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contracts of ***CONTRACT: CONSTRUCTION OF THE ASHLAND ,- ~;--~ ~ o~*~;~ 26TH da of MARCH ~;~?'C · ~"~' ..... = Y . --"-.: ....... ..,..,.~;,,,.,.,:>'-, :q f',;©,~;4,::~ ....... &"~'"'~'~'**'~'~"~' - 0" (Witness) Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No fight of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. WETLANDS DEMONSTRATION SYSTEM PROJECT · 19 97 (Principal) (Seal) t (Title) STAR INSURANCE COMPANY . ERLEWINE (Seal) (Attorney-in-Fact) 10 51 SU 01 94 Page 1 of 1 [Prgrns~srty\bonds} STAR INSURANCE COMPANY GENERAL POWER OF ATTORNEY NO.: SA 1436210 (Void unlexs numbered in red.) KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint JAMES C. ERLEWINE OF SEATTLE, WASHINGTON its true dud lawful attorncy-in-thct, lbr it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amount the sum of two million five hundred thousand ($2,500,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by lhcsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or fhcsimilc seal shall bc valid and binding upon the Company when so affixed and in the lhturc with respect to any bond, undertaking or contract of suretyship to which it is attached" IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995. Attest: STAR INSURANCE COMPANY Ernest'me Dougherty, Assistant Vice President ,~;¢~__"~~~'~0~.xMarc S. Willnet, Senior Vice President On this 13th day of March, 1995, helbrc me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument: that be kuows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE My Commission Expires: Commission Expires &,r. 30, 1999 I, the undersigned. of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the lbrcgoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set lbrth in tile said Power of Attorney, is now in three. ~ . Signed and sealed at the city of Southfield in the State of Michigan. Dated rheAbaldy of , 19 Mary Jo Renaud, Assistant Secretary 6030-Mar. 95 Page 1 of 1