Loading...
HomeMy WebLinkAbout1994-101 Contract - LTMNovember 3, 1994 Nan Franklin, City Recorder James H. Olson, Assistant City Engineer (~ ~/-'/' CONTRACT FOR PUBLIC WORKS CONSTRUCTION RAILROAD VILLAGE L.I.D. As I am sure you are aware, Jill Turner has asked that all original contracts be filed in the vault. Attached for filing is a contract for Public Works Construction, Railroad Village L.I.D. Contractor is L. T. M., Incorporated. CONTRACT FOR PUBLIC WORKS CONSTRUC Contract made this ~ day of October, 1994 between the City of Ashland ("City") and L.T.M., Incorporated ("Contractor"). City and Contractor agree: Contract Documents: This contract is made as result of an Advertisement for Bid issued by City for the Railroad Village L.I.D.. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents which shall take precedence over the bid. 2 Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations or modifications to the contract documents axe incorporated into this contract. 3 Price and Payment: City shall pay Contractor amounts earned under the contract. All payments will be made at the times and in the manner provided in the contract documents. 4 Bond: Contractor shall, within five days after execution of the contract and prior to doing any work under this contract, furnish bond to the city of Ashland in a form and with a surety satisfactory to City in the penal sum of $75,260.50 conditioned upon the faithful performance of this contract upon the part of the Contractor. 5 Default: A default shall occur under any of the following circumstances: 5.1 If the contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 5.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of forty-eight hours, or shall make an assignment for the benefit of creditors. 5.3 From any other cause whatsoever, shall not carry on the work in an acceptable PAGE 6 manner. Remedies; In addition to the rights and remedies to which the city may be entitled by law for the enforcement of its rights under this contract, city shall have full power and authority, without violating this contract, to take the prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due the contractor. In case the expense so incurred by the city shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the contractor shall be entitled to receive the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, then the contractor and the surety shall be liable and agree to and shall pay the city the amount of the excess with damages for delay of performance, if any. COmRACTOR ,~tZ~.~/~/~ By_ Its CITY OF ASHLAND Brian Almqui~ By ~ \~it2v~e '!~ Coding , C/i{y Administrator / J Date (for city use only) REVIEV~/ED AS TO FORM: Paul Nolte Date PAGE PROPOSAL Mayor and City Council Ashland, Oregon The undersigned bidder declares that the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and the conditions to be encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the did documents., will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with the plants and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions; It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the owner. Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the owner, the Engineer, or any other person, firm or corporation responsible for any errors or omissions that may appear in any estimate. The undersigned will furnish the bonds required by the specifications and comply with all the laws of the federal government, State of Oregon, and City of Ashland which are pertinent to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which the bidder will perform the work involved. The extensions in the column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals show, the unit prices shall govern. The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the owner. Bidder further agrees to pay as liquidated damages, for each calendar day thereafter, the sum of one hundred dollars ($100.00) for each day the project remains incomplete. 10 The undersigned, as bidder, acknowledges that addenda numbered -CY- thmuglv (~ have been received by the bidder and have been examined as part of the contract documents. The undersigned, as bidder, acknowledges that provisions of Oregon Revised Statute ORS 279.350 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract. Name of Bidder Address Telephone No. Pre, pos*l 11 CITY OF ASHLAND BID SCHEDULE ITEM DESCRIPTION AND UNIT PRICE OR LUMP SUM (Fibres) NO. ESTIMATED QUANrrr¥ UNIT PRICE OR LUMP SUM (Words) AMOUNT Lump Sum L.S. 2 General Excavation & Grading 354 c.¥. 3 Overhaul 4 3t ".0" Crushed Rock Fill 16°9- 5 Construct Curb & Gutter 6 Construct Type C-1 Curb 7 Install A.C. Pavement 8 Install 12" Storm Drain 924 L.F. 9 Install 4" Irrigation Line 4e9 i0 Construct Storm Drain Manholes i 1 Utility Trench Excavation ~ ' 12 Install Concrete Light Bases 5 Each Proposal 12 13 Watering ~'or^L SC.EDUI.U DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION Pro?osd 13 The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days and deliver surety bond or bonds as required. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. The bidder is ~t or is not a resident bidder as defined in ORS 279.029. Firm Name of Bidder Signature o~f t~dgr Official Title State of Incorporation, if incorporated Address Dated this day of C.C.B. Number Proposal 14 CITY OF ASHLAND Bond No. 2350 27 049847 ASHLAND, OREGON BOND KNOW ALL MEN BY THESE PP, F-,SENTS: That we I~_TM, In_corp?rated as Pr/ncipal, and ~Em~o~ers Insurance of Wausau g Mutual Companf as Surety, are jointly and severally held and bonded unto the City of Ash]and, Oregon in the sum of Seventy Five Thousand Ywo Hundred Sixty & 50/]00 for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns and/or successors and assigns, firmly by these presents. THE CONDITION OF THIS BOND IS SUCH TFI~T, WI..IBREAS, the said principal herein has made and entered into a certain contract, copy of which ia hereto annexed, with the City of Ashland, Oregon, which contract, together with the plans, specifications, standard specifications, and special provisions, is hereby made a part hereof, whereby the said principal agrees to perform said contract in accordance with all the terms, conditions, requirements and specifications set out or incorporated therein. NOW, THEREFOR. E, if the principal herein shall £althfully and truly observe and comply with the terms, conditions and provisions of said contract, in all respects; and shall well and truly and fully do and perform all matters and things by him undertaken to be performed under said contract upon the terms set forth; and within the time prescribed therein, or as extended as provided in the standard specifications; and shall indemnit'y and save harmless the City of Ashland, Oregon, its officers and agents, against any direct or indirect damages that shall be suffered or claimed, or against any claims for injnrics to persons or property arising during the construction of said work before the same is accepted; and shall promptly pay all laborers, mechanics, subcontractors and material men; and shall promptly make payments to all persons supplying to the contractor of contractors, or sub-contractors, labor or materials for the prosecution of the work or any part thereof provided in said contract; and shall pay ali contributions or amounts due for workers compensation benefits and the State Unemployment Trust Fund from such contractor or sub~ contractors incurred in the performance of said contract; and shall pay all other just debts, dues and demtmds incurred in the performance of the work; and shall pay the City of Ashland such damages as may accrue to the City of Ashland under said contract or on breach thereof; and shall in all respects perform said contract according to law, then this obligation is to be void, otherwise to remain in full force and effect. WITNESS our hands this 14th, . day of ..0ct°ber . , 19~9..4, By: LTM, Incorporated ~ "'//~- n~ipal / Its Attorney-in-fact 16 223-257- 001 71 JN U CE W, ALN ,A J A Mutual Company POWER OF ATTORNEY KNOW ALI, MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin. and having its principal office in the City of Wausau. County of Marathon. State of Wisconsin. has made. constituted and appointed, and does by these presents make. constitute and appoint LISA SHEFFEL its true and lawful attorney in fact. with full power and authority hereby conforred in its name. place and stea& to execute. seal. acknowledge and deliver ANY OR ALL BONDS. UNDERTAKINGS~ RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF ~TS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS the corporate seal of the corporation and duly attested by its secretary hereby ratii~ving and confirming all that the said attorney in fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May. 19T, L which resolution is still in effect: "RESOI.VE]). that the President and any Vice President -- elective or appointive -- of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company he. and that each of them hereby is. authorized to execute powers of attorney qualifying the attorney named in the given pnwer of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Cnmpany bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be. and thud 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 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FU RTH ER RESOI ~VE D. that the signatures of such officers and the seal of EMPLOYE RS INSURANCE OF WAUSAU A Mutua] Company may he affixed to any such power of att,rney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile sea] shah be valid and binding upon the EMPI.OYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any b,nd. undertaking or contract of suretyship t~) which it is attached." IN WITNESS WIIEREOF. EMP1.OYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its a~sistant secretary, and its COrporate seal to he hereto affixed this 1ST day of DECEMBER .1993 . I~:?~i~frr''''~'~ EMPLOYERS INSURANCE/~OF WAUSAU//~/~ ~A Mutual Company J. Stephen Ryan Vice President R J. B~steman~' Assistant Secretary STATE OF WISCONSIN COUNTY OF MARATHON On this 1ST day of DECEMBER , 19 93 · before me personally came J. Stephen Ryan to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany. the corporation described in and which executed the above instrument; that he knows the se, al of said corporation; that the seal affixed to said i~stmment is such corporate seal and that it wa~ so affixed by order of the Board of Directors of said corporation and that he sig~d his name thereto by like order. [N W[¥N}NN WHEREOF. I havc hereunto set my ha~d and affixed my olfi¢ial seal the day and year herein first above written. STATE ()F WISCONSIN ) ('ITY OE WAUSAU tss I'OIINTY oP MARATHON ~ Patricia A. Kiernan Notary Public NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES MAY 29. 1994 CERTIFICATE 1, the undersigned, assistant secretary I EMflA)hkRS INSURAN(F. OP WAUSAU A Mutual £~mpany, a Wisconsin corporatmn, d~ hereby certify that the foregoing and attached power of attorney WHICH MUST CONTAIN A VAEIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full fi~rce and has not been fey.keri: and furthermore that the resolution of the Bm~rd ofl)irectors set fl~rth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this ~ ]4gh day NOTE: IE YOU HAVE ANY QUESTIONS REGARDING THE VAI,IDITY OR WORDING OF THIS POWER OF