LABOR_AND_MATERIAL_PAYMENT_BOND.docx

LABOR AND MATERIAL PAYMENT BOND

BOND NO. ________________________

KNOW ALL PERSONS BY THESE PRESENTS, that,________________________________ as Principal, and, _______________________________ as Surety, a corporation duly organized under the laws of the State of __________, having its principal place of business at ____________________________, State of _________, and authorized as a surety in the State of Oregon, are held and firmly bound unto the City of Beaverton (“City”) for the use and benefit of claimants as hereinafter defined, in the sum of ________________________________ Dollars and __________Cents ($___________) lawful money of the United States of America, plus the total amount of any extra orders issued by City, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, representatives, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has entered into a construction contract with City for construction of CITY OF BEAVERTON_________________________ PROJECT, which construction contract is by this reference made a part hereof;

WHEREAS, the construction contract is a public contract, subject to the provisions of ORS Chapter 279C;

NOW, THEREFORE, the conditions of this obligation are such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions:

1. A claimant is defined as a person claiming to have supplied labor or materials for the prosecution of the work provided for in the contract, including any person having direct contractual relationship with the contractor furnishing the bond or direct contractual relationship with any subcontractor, or an assignee of such person, or a person claiming moneys due the State Accident Insurance Fund Corporation, the State Department of Employment Trust Fund or the Department of Revenue in connection with the performance of the contract.

2. The Principal and Surety hereby jointly and severally agree with City that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, has an action on this bond for such sum or sums as may be justly due claimant, and may have execution hereon. City shall not be liable for the payment of any costs or expenses of any such suit or action.

3. No suit or action shall be commenced hereunder by any claimant:

a. Unless the claimant has sent the written notice required under ORS 279C.605 to the Principal and to City's Finance Director by registered or certified mail, or by hand delivery, no later than 180 days after the claimant last provided labor or furnished materials, or within 200 days if the claim is for a required contribution to a fund of an employee benefit plan;

b. Later than two years after the claimant last provided labor or materials.

c. Other than in the Circuit Court of Washington County, Oregon or in the United States District Court for the District of Oregon and not elsewhere.

4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against the improvement, whether or not claim for the amount of such lien be presented under and against this bond.

The surety, for value received, hereby agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it hereby waives notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

SIGNED and SEALED this _______ day of ___________________, 20______.

Principal

By

Surety

By Attorney in Fact

(Attach Power of Attorney)