13705 SW ASH AVENUE FILE NO.
ASH AVENUE - 13705 3TR. OPN. PERMIT
i
arf O, rIIFA RD
May 2.2, 1987 OREGON
25 Veors of SeMce
19c�9-f9W6 /
T.R. Bernhart Co.
8607 S.W. 133rd Avenue
Beaverton, OR 97005
RE: Street Opening Permit No. 202-84
Gentl e.,men:
Enclosed, please find the original perfjrmanc-, assurance bond (#UI 65005)
for the arorsaid project. All work has been satisfactorily ccuq)leted and
maintained for the required period of time. The T p.. Bernhardt Campany's
obligation hereinregard is fullfilled.
Sinc-rely,
John S. Hagman
Digineering Technici-ni
cc: N.W. Bonding Agency
9670 S.W. Beavertion Hwy
P.O. Box 1448
Beaverton, OR 97075
13125 SW Hall aid.,c 0.Box 23397,Tigard,OwVDn 97223 (503)639-4171 -- - --
APPLICATION - STREET IMPR c:MENT/EXCAVATION COPY TO:
ORDINIgCE NO. 74-14 [_] (WHITE) FILE
r
❑ IeLUEI INSP.
(INSTRUCTIONS ON SEPARATE SHE:T) ❑ (FELLOW) -OTHER AGENCY
L] (PINK) APPLICANT
APPROVED APPLICATION NO.: 231
NOT APPROVED ,❑` CITY OF TIGARD, OREGON FEE AMT.: ! (04n•
PENDING FEE. PMT. ❑ CITY HALL RECEIPT NO.: d 47t2t,
PENDING SECURIT.' ❑ PUBLIC WORKS DEPARTM'ENT BY_ 6--- DATE-..1 I IAL_L_&�—
PENDING AGENCY "OK" ❑ Application and Progress Record .-
MAINTENANCE BOND
PENDING INFORMATION E_I FOR STREET IMPROVEMENT/EXCAVATION AS REQUIRED 0
ANNUAL ❑
PENDING VARIANCE EXPIRATION DATE: /
PERMIT NO.: C)' . 4- -- , 1aL
? / I
DATE ISSUED: _____1 _l. . _-- , BY: - k--. - _--
(1) APPLICATION IS HEREBY MADE TO EXCAVATE FOR AND INSTALLAS DESCRIBED HEREIN, IN FULL. ACCORDANCE WITH CITY REQUIREMENTS.
APPLICANT 1 C•.f" (Z tJ i f�(...IJ^t. ,- ab.6`7 Sr,u' ( '�3 ,;. 1��`:h1 UZ`7Z�ir (,u S
A ADDRESS CIT M ON
CONTRACTOR __ SA" E.'
NA —F '- — ADDRES _. Cj}z ►1iONa —
PLANS BY _
NA - -- ADOREff CI — rHONE —._
ESTIMATED IMPROVEMENT TOTAL VALUATION ( COST): $ `.) _
DOLLARS
(2) EXCAVATION DATA: Foli orrlcE
--- 61.0YXS
STREET DESCRIPTION PROGRESS & INSPECTION STATUS
NAME SURFACE CUT CUT CUT MATERIAL INSTALLED ITEM DATE REMARKS TYPE BY
TYPE LENGTH WIDTH DEPTH _ITEM & QUANTITY /
NED
1 , STREET
Ir''SP IP TO
E
p QU �^
6STIMA'rED STREET OPENING DATE: / /O / 8'�'I� -- 3 1
ESTIMATED STREET CLOSING DATE: / LS 1 841 F --`
-- D
(3) SECURITY NO. 112 (���Gf)1` � Zr , STREET —
��'�, , '- - SECURITYAM7: $ c�� .. .. _ cL.assro
SUI- E-I'Y CO . �L_IFIED c HECK 'r , ,,. FINAL L�
__ CASH ❑ soND It INSPEC. �•�7- _
(4) PLOT PLAN: INDICATE SITE PERTINENT PHYSICAL - SPECIAL PROVISIONS/CONDITIONS:
FEATURES; EXCAVATION LOCATION AND EXTENT,
uRfi i�' _.�cut-
-cults-. r- -• - _. _ .- �=Ee_ hJ G- -__._.._.__.. __
5) NOTE THE CITY OF TIGARD DOES NOT, HEREBY, GRANT PERMISSION TO APPLICANTS TO CONDUCT WORK WHERE
RIGHT-OF-WAY JURISDICTION IS THAT OF WASHINGTON COUNTY OR THE STATE OF OREGON.
` THE 4PPLICANT AGREES TO DEPOSIT THE REQUIRED SECURITIES, TO COMPLY WITH ALL PERI'1NENT LAWS AND
CONSTRUCTION SPECIFICATIONS PERTINENT TO CONDUCT OF THE WORK, AND 7'0 SAV1E HARMLESS 1-HE CITY AND
EMPLOYEES AGAINST ANY INJURY OR DAMAGF WHICH MAY RESULT FROM APPLICANTS ACTIONS.
PPLICAN'fS SIGNATURE C . . �' ).- �
' DATE [ �
�— Union I lamnity Insuranc Company
NEW YORK, NEW YOPK
BOND NO. _UI 65005M
CONTRACT BOND - PRIVATE WORK
KNOW ALL MEN BY THESE PRESENTS That We, T. R. BERNHARDT CO.
8607 SW 133RD AVE.
BEAVERTON, OREGON 97005
(hereinafter called the Principal)and UNION INDEMNITY INSURANCE COMPANY, a corporation organized
under the laws of the state of New York and authorized to transact a general surety business in the State of
OREGON (hereinafter called the Surety), as Surety, are held end firmly bound unto
CHARLES MGEBROFF
TWO THOUSAND SIX HUNDRED SEVENTY b NO;100 ' **
(hereinafter called the Obligee), in the sum of —
Dollars ($ _._ 21670.00 ) for the payment whereof to the
Obligee, The Principal and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Whereas, the principal and the Obligee have entered into a certain contract (hereinafter called the
Contract) dated this _ 1ST __day of NOVI�MI3ER _ _ _____ 1984 , for the performance
of the following described work, to wit:
INSTALLATION OF SEVENTY (70) FEET OF 41* SEWER LINE & RESURFAC'F
TRENCH IN STREET WITH ASPHALT AS PER CODE
a copy of which contract is or may be attached hereto, and is hereby referred to
Now, therefore, the condition of this obligation is such, that if the Principal shall faithfully perform the
work contracted to be performed under said contract, and shall pay, or cause to be paid, in full, the claims
of all persons performing labor upon or furnishing materials to be used in, or ,urnishing appliances, teams
or power contributing to such work, then this obligation shall be void; otherwise to remain in full force
and effect. The total amount of the surety's liability under this bond shall in no event exceed the penalty
hereof
No right of action or recovery shall accrue hereunder to or for 'he use of any person or corporation other
than the Obligee named herein.
f recover :hall be upon the following expressed
Provided, However, as to said Obligee, the right o y P
conditions, the performance of each of which shall be a condition precedent
First. That in the event of any default on the part of the Principal, written notice thereof shall be
delivered to the Surety as promptly as possible, and in any event within trdn (10) days after the Obligee
shall become aware of such default, and upon the Obligee's becoming aware of such default no payments
shall be made under the said contract without the written consent of the Surety. If the Principal shall
abandon said contract, or be compelled by the Obligee to cease operations thereunder, the Surety shall
have the option to proceed or procure others to proceed with the performance of such contract, and all
reserves, deferred payments, and other monies provided by said contract to be paid to the Principal, shall
be paid to the Surety, at the same times and under the same conditions as by the terms of said contract
such monies would have been paid to the Principal had th- contract been performed by the Principal, and
the Surety shall be entitled thereto in preference to any assignee of the Principal, or any adverse claimant,
but if the Obligee shall complete or relet the said contract, all reserves. deferred payments, or other monies
remaining after payment for such completion shall he paid to the Surety, or applied as the Surety may
direct toward the settlement of any obligation or liability incurred hereunder
9 so
I
jr
Second That in consideration of Surety providtno this suretyship, the Obligee shall faithfully perform all of
the terms, covenants, and conditions of said cor acts on the part of the obligee contracted to be performed
In no event shall payment of payments to cortrac:tor from Obligee he in an amount (Ifeater than 901% of the
value of the work performed by the contractor to the date of such payment. Obligee to retain remaining final
payment or payments of 1094, of tl,at work to be performed and all reserves or deferred payments for a period
of 30 days after completion and acceptance of the total project b%/ the Obligee Said period to correspond to
lien period in which notices of clams or claims of lien by persor,s performing work or furnishing materials
under said contract may be filed, or until all such claims have been paid, unless the Surety shall cnnsent, in
writing, to the payment of said final payment reserves or defined payment.
Third That the Surety shall not be liable for any damages resulting from strikes or labor difficulties, or
from mobs, rots, cavil commotion, public enemy, fire, the elements, shifting of elements, acts of God, or
defect or fault in tie plans or specifications referred to in said contract, or for repair, or reconstruction of
any work or materiels damaged or destroyed by any of said causes, nor for damages arising out of injuries
to persons or property or for the death of any person or persons, or under or by virtue of any statutory
provision for damages or compensation for injury to or the death of any emoloyee, nor for the
infringement or validity of any patent, nor for the efficiency or wearing qualities of any work cone or
materials furnished or the maintenance thereof or repairs thereto; nor for the furnishing of any bond or
obligation other than this instrument.
Fourth: If there Ile more than one Obligee named in this bond, then it is understood that the r,ghts of the
Obligees or any of them under this bond are conditioned upon the faithful performance by or on behalf of
the owner of all of the conditions of the contract by him to be performed.
Fifth That no suit, action or proceeding by the Obligee to recover on this bond shall he sustained unless
the same be commenced within six months from the completion of said structure or work -of
improvement. Any notice to the Surety may be addressed to or serviced upon its Office in Beaverton, Oregon.
Sixth. That the Surety is obligated only to the dollar amount shown on the face of this bond If any
additions or alterations of the original contract, upon which this bond was issued, occur, increasing or
altering the contract price, Surety is obligated only to the proportional amount that the original contract
bears to the altered contract price, unless expressly waived by the SL'rety in writing.
STONED, SEALED AND DATED this STH -_ ._day of NOVEMBERS 19134
T.R. BERNHARDT CO.
Principal
Union Indemnity Insurance Company
Surety _.__--- ----------.
By: � _
DEN I a L ERT Attorney in Fact
c/o NORTHWEST BONDING AGENCY
9670 S.W. Beaverton Hwy., P.O. Sox 1448
SNverton, Orpon 97076
19191 Telephone(5031643-8461
` ,n Indemn4 Ima cN POWER OF ATTORN` ANO BONO NO. Vf 6 rr 0« 5
company of New Yoe iK
ecutive Offices 280 Madison Avenue New work, NY 10018 Producer Number. J 003
KNOW -\LL MEN BY THESE PRESENTS: ALL AUTHORITY HERE.11Y CONFF'RIUKA), UNLESS
REVOKED F:ARI,IFR,SHALL EXPIRE ANI)TlkAIMI—
That Union Indemnity Insurance Company of New York NATE. W'ITIMUT NMICE, UNLESS USED IIF.FORE
does hereby appoint: Dennis tpGi l bert or Mary Gilbert of MII)NIGIITOF MAY 30, 19M5
its true and lawful Attornye( Y 1�i Fact,� a�ltgoindividually if there by more than one named, to make, execute, sign,
acknowledge,affix the Company Seal to,and deliver any and all surety bonds,undertakings,recognizances,and other
contracts of indemnity and writings obligatory in the nature of a bond,for and on behalf of said Company and as act and
deed of said Company,not to exceed TWENTY FIVE THOUSAND AND NO/100 DOLLARS($25.000.00)on any single
instrument
IN WITNESS WHEREOF, Union Indemnity Insurance Company of New fork have executed these presents
6th_ November 84
•,��,+�ctr• this__— day Of
o•rer�
's ''•r+"` ' RICHARD L. BOYLE, Senior ice President
•
STATE OF NEW N ORK
COUNTY OF NEW YORK ) fisc C `�t s�,
6th Novemb 134 a `^
Unlhu dgol___. � before
'he above nam-4d officer of Union Indemnity Insurance Company of LUCILLE SCHULTZ
New York, to me persone-ly known to be the IndtWJual and offier ^ hrsttt NOTA..,,' PunUC,STATE OF NEW YORK
dosnbed heroin, and acknowledged that he executed the foregoing a� No 03-4727511
inctrument and affixed ti:• seals of said corporations thereto by or at* Ouatilled.n 9ronx County
suthu•rty,of his office. ��" trrt Expires March 30, 19M
CERTIFICArE
Excerpts of ResOutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New
York: March 17, 1980:
RESOLVED, that sole;,v• in furtherance of the Company's surety business, the Chairman of the board, the
President, Senior Vice President, Vice President, an Assistant Vice President or Secretary of this Company Is
hereby authoriz-d to appoint Atforneys•in-Fact to represent and act for and on behalf of the Company to
exacute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the
nature thei eof, and to attach the corporate seal of the Company to such documents;
RESOLVED, that the siri!atures and attestations of Such officers and the seal of the company may be affixed to
avy such Power of Attorney or to any certificate relating to the Powe. if Attorney by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company with rospect to any bond, undertaking, recognizance or other contract of indemnity or
writing obligatory in the nature thereof; and
RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing resolutions are still in
effect and may insert in such certification the date of the certification but that date may be not later than the date
of delivery of the certificate by the Attornev-in-Fact.
1, Thomas G. G 9rien III,Secretary of Union Indemnity Insurance Company of Now York,do heret -certify that
the foregoing excerpts of the Resolutlor adopted by the board of Directors of the corporation and the Powers
of Attorney issued pursuant thereto,are true and correct and that both the Resolution and Powers of Attorney
are in full force and ,effect
IN WITNESS WHEREOF, I hRL-e hereunto set my hand and affixed the facsimile seal of each corpoigtion
A� •—".ate this._ I,t 1' --day of_ Novembe�r:-� , 19=4 -
to `41 To
IIAL
nra � �"
••, •h •
ra•. e
•+ 4 Thomas G. O'Brien !II, Secretary
a
have the ,labtio� to proceed or procure others to proceed wit ti it, per tuinldltte �ee
-At,U. 0I I I,, a•,
resew defe ed �a 6nt and other pcttSnl provided h said ontract to to thS� 'cipal, shall
he id to a Soret rad the same dies a d under same Ibnditions pasteeaR yf said contract
s 1 moni wo havy bean p to its rincip ad the c �itract b Ie rm �iy �e Principal, and
e Sure sh be filed t eto in p .fere to any ass' nee o e Pr' ci ora advA�e claimant;
but if t e ligee sh co ate or rel th id contract, II r rues, d er pay n rather monies
remaini after pay er)A or such co tion shs!I be pa o the Sure or appl as the Surety ;nay
direct toward the settlement of any obligation or liability incurred hereunder.
s so
i
AVE .
t*�= �I vG (2 1,3 , on C)-70u 5
(,4 3 (, 1 e I
PROPOSAL and CONTRACT
Date (3 " _ _ 19 e4 _
•1,() _C.14t I C. S hA&CCrzOFF
Z L-?!I 14 S I.J C PL
Dear Sir:
_T propose to furnish all materials and perform all labor necessary to complete the following:
1. T AI s't'/7 It it. 4 N Sr:t JF q e. I AJc_ / 17 o rn iyA A,_1 1-t a-7t.l- "M'.% pituff a T V
It 'N+a. (tipPayX . 7o FT. As pc-rt Ircit r .
2
126stlQF/4r.F 'Ittt0,t lI 717cr-r OIt1t /1SpN/IC '>•__ .01,A010W SD f'1
All of the above work to be completed in a substantial and workmanlike manner according to stand-
and practices for the sum of Tt,X0JTY SI x 14t�jUsyc►, , 5.f UL'JT Y Dollars (S -1 LD
Payments to be made
as the work progresses
to the value of per cent ( %) of all work completed. The entire
amount of contract to be paid within ~T 74 1 12 -r- / days after completion.
Any alteration or deviation from the above specifications involving extra cost of material or labor
will only be executed upon written orders for same, and will become an extra charge over the sum men-
tlont ' ;n this contract. All agreements must be made in writing.
Respectfully submitted,
By
A C C E P T A N C E
You are hereby authorized to furnish all materials and labor required to complhte the work men-
tioned in the above proposal, for which _ agree to pay the amount mentioned in
said proposal, and according to the terms thereof.
ACCEPT ED �.-'' �- oft -----
Date_ _ _. 19
AICO FORM NO 55-0M ►AINTtO IN USA