HomeMy WebLinkAbout1995-036 Payment Bond - FowlerPerformance & Payment Bond
Page No. 1
BOND NO. 64-0120-11775-95-1
JAMES W. FOWLER CO.
as Principals, and UNITED STATES FIDELITY AND GUARANTY COMPANY
a oorporation, duly aut. horized to do a gene~ surety business in Ore~on,
Surety, are jointly and severally held and bound unto
CITY OF ASHLAND
the Obligeeher~in, in f_he susa of Two million nine hundred eighty seven
'thousand seven hundred eighty seven (Dollars), ($ 2,987,787.00 ) for the
pay~ of which w~ jointly and severally bind ourselves, our heirs, exeouto~,
a~tors, ~%~oe~ors, and assigns, firmly by these presents:
~EREAS, JAMES W. FOWLER C0.
(Contractor)
the Principal herein, on the 3rd day of April , 1995, ent~
into a Contract with the Obligee for construction of
WATER TREATMENT PLANT IMPROVEMENTS
General Oc~xiitioms, S~em~em~l C~ Oc~jtic~s, the Specifications, and the
Plans, all as to hereto attached and ~ a part t~f, whereby said Principal
und~~_ to do all labor, furnish all plant and equilmment, and furnish all
materials , in aocordance with all terms ar~ cor~titions set forth in said
Contract Documents; and to prcmlmtly make payment for all labor, services,
material, and sums due the Workmen's ___~(~w)ensation Board, or equivalent, the
Collector of Internal Revenue, and the Treasurer of the State of Oreqon; and to
save harmless the Obligee ~ any claJ~n for damages or injury to property or
persons arising by reason of said work, as set out more fully in said Contract
in the time and manner and ur~ the terms and c~tic~s t~in set forth; and
in cor~ormity with all laws, State and National, applicable t~to.
Now, therefore, if said Principal herein shall pramptly pay all persons fur-
n~ ~ _~hir~ labor, services, and material, and Workmen' s _ __ ~m~nsation insuranoe or
with the date hereof and cc~ for cm~e (1) year the ccml~lete performa~ ~oe of
the C~ ar~ th~ final aoc~ of th~ w~urk in the (~ontl-act, save ha~ess
the Obligees, its officers and agents, fz-~ all cla~ tb~_refor, or fr~a any
claJ/n for da~es or injury to property or persons arising by l~.~on of said
work; and shall, in the time and manner, ar~ urnlet the texms and cor~ ~tions
prescribed, well and faithfully do, perform and furnish all matters and things
as by them in said Oontract undertaken, and as by law, State and National,
Performance and Payment Bond
Page No. 2
prescribed, then this obligation be void; but otherwise it shall remain in full
force and effect.
PROVIDED, HOWEVER, that this Bond is subject to the foll~ing further con-
ditions.
(A) All suppliers of material, and all persons who shall supply laborers,
___m~-hanics, or subcontractors with material, supplies, or provisions for carrying
on such work, shall have a direct right or action against the Principal and
Surety on the Bond, second only to the right of the Obligee under t_his Bond,
which right of action shall be asserted in proceedings instituted in the
appropriate cotlrt of the State of Oregon, and insofar as permitted by the laws
of Oreg~, such right of action shall be asserted in a proceeding instituted in
the name of the Obliges to the use and benefit of the person, firm, or
corporation insti~ such action and of all other persons, firms, or
oorpozdtic~s havir~ cla/ms hereunder, and any other person, firm or corporation
having a claim hereunder shall have the right to be made a party to such
proccc~_ ~ng (but not later than one [1] year after the cc~plete performance of
said Oc~tract and final acceptance of the work in the Oontract) and to have such
claim adjudicated in such action and judgment rendered thereon.
(B) In no event shm]l the Surety be liable for a greater s~m tha~ the penalty
of this Bond.
(c) ~he said Su~, for his value received, hereby stipulat~ m~ agre~ that
no dmange, extension of time, alteration or addition to the terms of the Oontract
or to the work to be performed hereunder or the Specifications accompany~ the
same shall in any way affect its obligations on this Bo~d, and it does hereby
waive rx~cice of any such change, extensic~ of time, altel-aticn or additic~ to the
terms of the Contract or to the work or to the Specifications.
(D) ~he Principal herein shm] 1 faithfully and truly observe and comply with the
terms of the (kxfcr~ct and shall ~11 a~d truly perform all matters and things by
him undertaken to be performed under said Contract upon the terms proposed
therein and shall prc~ptly make payments to all persons supplying labor or
material for any ~osecution of the work provided for in such Contract and sb~] 1
not permit any lien or claim to be filed or prusecution against the Obligees, on
account of any labor or mterial furnished, and mhall promptly pay all
contraions or amount due the Workmen's Cumpe_nsation Board or equivalent and
all contr/txfcic~s or amounts due the State Employment (kmpensation Trust Fund
incurred in the performance of said CUnttact, and shall also pay all sums of
money withheld from the employees and payable to the State Tax C~u,dssion
pur~k~c to ORS 316.167 and shall prc~ptly, as due, make payment to any person,
co-partnership, association or corporation furrd~ medical, surgical and
hospital care or other ~ed care and attention incident to sickness or injury
to the employees of such Principal, pursuant to the laws of this State and any
Contract entered into pursuant thereto or collected or deducted frum the wages
of said employee pur~uarfc to any law, contract, or agreement for the purpose of
providir~ or paying for such services, and shall do all things required of said
Principal by the laws of this State.
Performance&~ymentBond
~ge No. 3
provisions
hereof.
is given ~ received udder the authority of ORS Chapter 279, the
IN WINlq~SS WHEREOF, the parties hereto have caused this Bond to be ~ in
Portland, Oregon , this 3rd day of April , 1995.
By:
3AMES W. F0~LER CO. (SEAL)
(SF_aS)
Principal
(SEAL)
Witnesses:
Countersigned: Not Required
ROTHROCI( AGENCY,
- 9793 SV7 SHADY LANE #20~
Ro~ Rothrock,
(SEAL)
USF&G
Five Centerpointe Drive #360
Lake Oswego OR 97035
The Attorney-In-Fact (Resident Ac3ent) who executes ~ Bond in behalf of the
Surety C~, must attad~ a copy of P~is power-of-attorney as evidence of his
authority.
To earl1 executed original of this Bond the_re must be attached a complete set of
the "limittact Documents," as the term is defined in the General Conditions, with
all corrections, interlineations, signatures, etc., oompletely reproduced
therein.
./
.!
1
1
953596
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 108006
KNOW ALL ML~N BY THESE PRESENTS: That UNrrED STATES FIDELITY AND GUARANTY COMPANY, a corporation or.~,nni=ed and existing
under the laws of the Sine of Maryland and !roving its principal office at the City of !~ltimore, in the State of Maryland, does hereby constitute and appoint
Roger C. Rothrock and Judy E. RDthrock
of the City of Port].an~ , State of ~ its true and lawful Attorney(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and aH bonds, undertakings, contra~ts and other
wri~en iastmments in the natu~ thereof on behalf of the Company in its business of gunranteeing the fidelity of persons; ~mranteeing the performance of contracts;
and executing or guatnnteeing bonds and undemd~ings ~qui~d or pertained in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
dulyattestedbythesignamresofitsSeniorVicePt~identnndAssis~antSecretsry, this 5th dayof ~ ,A.D. 19 93.
O UNITED STATES FIDELITY AND GUARANTY COMPANY
(Signed) By..,l.....~
, .~. ,~., ~ S(~.~/~. nior Vice President
(Si~ed) By ........ ~ ...............
~A~ OF ~~) ~ ~
SS: ~
~s 5~ d~yof ~ ~,~m 93,~fo~m~~ Robert J. Lamendola .
~or Vic, ~sideat of~ ~ STA~S ~ .~ ~~ CO~d ~au ~ D ~S ~s ,
~c~ of red Co~, ~th ~ ofw~m I~h~ly ~a~, ~o~be~ ~ ~e~y duly ~ ~ the, ~ ~ aobert ~.
LamehalO la ~d ~~ S ~ms ~ ' we~ ~~or vic~ P~si&nt ~ th. A~i~t ~c~ of
the ~d ~D STA~ ~EL~ ~~ CO~~~un de~n~ed ~ch e~uted ~ fo~oing Power of~m~; ~ th~
e~h ~,w ~ ~ of~d co~on; t~ the ~ ~d to ~ofA~omey w~ ~~ m~, ~ it ~ ~ ~ by o~r of~e Bo~ of D~mc~m
of ~d co~oa, ~d th~ they si~ed ~eir names the~~r ~ ~niot Vi~ ~d Assist S~m~, m~fiwly, of~e ~y.
MyCo~ion~s~e l~th ~'~~rch ~ ~m 95.
~ ~ ~/ ~ '- NOT~Y P~LIC
~S Powzr of *flO~ is ~ted under .~~fi~ of ~e foHo~ng ~.lufions ~op~d by the Bo~ of ~ of ~e ~D ST*~
~EL~ ~D GUA~ CO~ on S~t~r 24, 1992:
~OL~, th~ in conn~fioa ~th the fi~li~ ~d ~ in--nee b~iness of the Co.any, ~ ~n~ u~e~g, con.rs ~ other in~mmen~
ruling to ~d b~i~ss ~ bo si~, ~ec~, ~ ~owl~g,d ~ pe~ or entities ~d ~ A~me~s)-in-F~t p~t to a Power of A~om~y i~ed
~o~e wi~ them m~i~io~. ~d Po~s) of A~mey for ~d on beh~f of ~e ~y ~y ~d sh~ be e~cu~d in the ~ ~d on ~h~of &e Co~y,
ei&er ~ t~ ~ or &e ~sident, or ~ ~e~five Vice P~i~n~ or · ~or Vice Pm~n~ or a Vice P~nt or ~ AssiSt Vic~ Pm~den~ joimly ~ the
~c~ or~ Assist S~m~, u~r th~ ~five desi~ions. ~e signore of~ch o~cers ~y ~ ~n~d, pfin~ or lithotbed. ~e si~ ofe~h
of ~e fom~i~ o~m ~d the ~ of ~e Co~y ~y ~ ~m~ by ~si~e to any Power of ARom~ or to ~y ~ific~ ming thereto ~infing
A~me~s~in-Fact for pu~o~s oily of ex~ufing ~d ~e~g bonds ~d unde~ngs ~d other ~tin~ obli~ in the ~ ~mo~ ~ ufless
revoked ~d ~bject ~ ~y li~ons mt fogh therein, ~y ~ch Power of A~mey or ~ific~e berg ~h ~s~e ~m or ~si~e ~ ~fl ~ valid ~d
bin~ng u~n the Comply ~d ~y ~h ~wer ~ execu~d ~d ce~ified by tach f~l* siam ~d ~si~e ~fl sh~l ~ v~id ~d bin~ng ~on ~e Co~y
~& ~to ~y bo~ or unSUng to w~ch it is va~dly ~hed.
~OL~D, th~ A~m~(s~in-Fa~ shall ~ve the power ~d ~ofi~, ~1~ inherently mvo~d ~, ~ ~y c~, ~j~ct ~ ~e ~ ~ l~ons
of ~ Power ofA~omey i~ to &e~ to ~ec~* and ~liver on ~h~ of the Comply and to ~h t~ ~ of the Co~y to ~y ~ ~ bo~s ~d und~,
~ o~er wfifi~s obli~ in &e n~m thereof, ~d ~y ~ch ~n~nt exe~d by tach Attome~s)-~-Faa sh~l ~ ~ bi~g upon the Co~y ~ if si~ by
~ ~ufive O~cer ~d ~ ~d ~ to by th~ ~cm~ of the ~.
Paul D. Sims , ~ A~i~t S~ of~e ~D STA~ FIDE~ ~ GU~ COMPAq,
do hereby ~ t~ ~e fom~g is a ~e except ~m ~e Re~lufion of the ~d Co~y ~ ~p~d ~ i~ B~ of ~m~om on ~ptember 24, 1992 ~d
Re~l~un is in ~ for~ ~d
I, t~ unde~ A~i~t S~m~ of ~ ~D STA~S F~EL~ ~D ~A~ CO~ do hereby ce~ t~ ~e fomgoi.g Power of
Aaomey ia ~ ~ fore ~d effect ~ h~ not ~en mvok~.
I. Te~i~ny ~e~f. I hay- he~.t~ ~ my ~d ~d the ~ of t~D STA~S F~E~ ~D ~~ COMPA~ on ~s 3rd day
A~i~t S~m~
FS 3 (10-92)
./