The URL can be used to link to this page

Home My WebLink About1994-112 Contract - LTM CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ,.v..~t4 day of November, 1994, between the City of Ashland ("City") and L.T.M., Inc. ("Contractor"). City and Contractor Contract Documents: This contract is made as result of an Advertisement for Bid issued by City for the Ashland Municipal Airport Tie-Down Apron Expansion and Taxiway Connector, Project No. 3-41-0002-05. 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. 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 are incorporated into this contract. 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. 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 $365,405,00 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: If the contractor falls 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. bo 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. ' 1-(c:cngineer\ltmairp Ctr) From any other cause whatsoever, shall not carry on the work in an acceptable 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. CONTRACTOR By ~/~~' By Its CITY OF ASHLAND Brian Almquist/~ Administrator REW D AS ?CO NT: Steve Hall Date Coding (for city use only) REVIEWED AS TO FORM: Paul Nolte Date I //z2~,l PAGE PERFORMANCE AND PAYMENT BOND Tho .~d~g~,~ LTM, INCORPORATED , ss principal, fiu'th~ referred to hz this bond as Contractor, and EMPLOYERS Of ~/AUSAU , as surety, further mfen'ed to hz this bond as Surety, are jointly and severally bound unto Citya ~f O~lOanA~, COPJ.PANY . . as bSliger., lurmer ref~i~va to in this bond as City, in the sum of THREE HUNDRED SIXTY FIVE DoUsrs (365,40~.00 ~. THOUSAND hOUR MUNDRED PIVE AND NO/100THS Contractor and City have ~ntered into a written contract dated , for the following project: ASHLAND MUNICIPAL AIRPORT TIE-DOWN APRON FXPAN.RION AND TAXIWAY {~nNNgCTnD. 'I'kis contract is further referrexi to hz this bond as the Contract and/s incorporated into th/s bond by this reference. The conditions of this bond are: If Contractor faithhdly performs the Contract witMn the thne pre~c~bed by the Contract, and promptly m~lre~ to all claimants, as de~med/n ORS 279.526 through 279.542, then ~ obligation is null and void; payment otherwise it shall remain in full force and effect. If Contrac~r is declared by City to be in default under the Contract, the Surety shnl! prompQy remedy thc default, perform ifil of Contractor's obligations under the Contract hz accordance with its ~nns and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279.526 through 279.542. This obligation jointly and severally binds ConUactor and Surety and thei~ reslx,'cQve heirs, executors, administrators, successors. 5. Surety waives nofica of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invahdate this bond. Bond Number Address The bond number and the name, sAdre.~, and ~lephone number of the agent authorized to r~eive no~ces concerning this bond are as ~Hows: 2350 29 049847 Bond Agent SEDGWICK JAMES OF OREGON, INC, 2770 BIDDLE ROAD, MEDFORD, OR 97504 Telephone [503) 773-6658 SlONt!D this 8TH day of NOVEMBER ,199 4 W1TNESS: WITNESS: (Co~po~t~ (Co~o~Se.~ Contracto~/~LTM L~ga~ AW/~ ~ ~ s~PLOYERS ~U~ A ~U~UAL COMPANY Ti~ORNEY- I N-FACT ~ ~g~ Ad~0O0, W~OOD DRIVE, WAUSAU, WI ~ AGENT 54401 No. 223-207- 0 t3 *, t INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW AI,L 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 PATRICIA C. BOYD l- O z I-- its true and lawful attorney in-fact, with. full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBIJGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10.000, 000). ~ nd ~1. nd the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said This power ofatt~}rney is granted pursuant to the fo flowing resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 197:1. which reso]utinn is still in effect: "RESOI,VEI), that the President and a ny Vice President -- elective or appointive -- of EMPLOYERS INSURANCE OF WA[ISAU A M utu al Company he. and that each of them hereby is. authorized to execute powers of attorney qualifying the attorney named in the given power o£attorney to execute on behatfofEMPI,OYERS INSURANCE OF WAUSAU A nnd that each or any of them hereby is, autht~rized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPI,OYERS INSURAN('E ()F WAUSAU A Mutual Company?' "FURTHER RESOI,VED. that the signatures of such officers and the seal of EMPLOYE'RS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such p~wer of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certiEcate hearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPI,()YEItS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect IN WITNESS WHEREOF. EMPI,OYERR INSURANCE OF WAUSAU A MutuaIC~m~pany has caused these presents to be signed by the senior vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day ol MARCH lo 91 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company R.' J. B~teman/ Assistant Secretary I ss. COUNTY OF MARATHON ) On this 1ST day of t'4a'RCH 19 9 1 , hetbre me personally came Patricia A. K[eman Notary Public NOTARY PUBLIC STATE OF WISCONSIN STATE OE WIS('(INSIN ~ MY COMMISSION EXPIRES MAY 29. 1994 ~ ,;i,~, ). (TI'Y OE WAtTSAt' ~ ss ('()ITNTY()FMARATH()N ~ CERTIFICATE I the undt;rsigned, assistant secretary {ff EMPI,OYERS INSURAN('E OF WAUSAU A Mutual £'~mpany, a Wiscnnsin c~rporation do hereby certify that the fl~reg{fing and attached Imwer ~d' attorney, WHICH MUST CONTAIN A VAIAI)ATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains ~n full fi~rce and has m,t been rew,ked: and furthermore that the resldutmn oft he B~mrd ~d'I )irect~lrs set fi~rth in the p~wer of attorney is still in fi~rce Signed and sealed in the City {if Wausnu. Marathon County, State of Wisct~nsin. this 8oCh day ! R J Besteman Assistant Secretary Nt}TE IE YIIC }lAVE ANY {}UE:-iTIt)NS RE(lARDING T}IE VAI,IDITY tlr WORI)ING OF THIS POWER OF