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HomeMy WebLinkAbout1997-089 Contract - LTMCITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this _~-~ay of ~~~, 1997, between the City of Ashland, ("City") and L.T.M., Inc. ("Contractor"). ~y/ City and Contractor agree: Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the 1997 Street Improvement, Project No. 97-23. 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. o 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 the contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $435,752.45 conditioned upon the faithful performance of this contract upon the part of the Contractor. Default: A default shall occur under any of the following circumstances: 5.1 5.2 5.3 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. 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 (48) hours, or shall make an assigmnent for the benefit of creditors. From any other cause whatsoever, shall not carry on the work in an acceptable manner. 0 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 contact, 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, 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. e Prevailing Wat, e Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of the price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street # 32 PORTLAND OR 97232 The Contractor shall fully comply with the provisions of O.R.S. 279.348 through 279.365 pertaining to prevailing wage rates. iBtsY:: BY: Its: REVIE .~ED AS, TO FORM: BY ~'~ City At~tor~ey / Date ~[2"L.~f~"'7 CITY OF ASHLAND B;ian Almquist City Administrato/~X REVIEWED ~O CONTENT: ~eY~ead Date Coding P~ORlVI,~d~ICE ,MqD PAYMENT BOND The undersigned LTM, Incorporated · as principal, further referred to in this bond as Contractor, and EMPLOYERS INSURANCE OF Mutual Company, as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as oblige. e, further referred to in this bond as City, in the sum of four hundrt~! thirty six thousand, seven hundrt~d fift~ two dollars and forty-five cents Contractor and City have entered into a written contract dated , for the following project: 1997 Street Improvement Proira No, 97-23. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279.526 through 279.542, then this obligation is null and void; otherwise it shall remain in full force and effect. If Contractor is declared by City to be in default under the Contract. the Surety shall promptly remedy the default, perform all of Contractor's obligations under the Contract in accordance with its terms 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 Contractor and Surety and their respective heirs, executors, administrators, successors. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows: Bond Number 2350 85 049847 Bend Agem Sedgwick of Oregon, Inc. Address 823 Alder Creek Drive Medford, OR 97504 Telephone 541-773-6658 SIGNED this 28th day of July ,1~97 WAUSAU WITNESS: {Coq~or~e .~.~) WITNESS: (Corporate S~al) P. O. Box 1145 Legal Address/~qedf°rd, OR/7 97501 AH~t: EMPLOYERS INSURANC~0F WAUSAU s~A Mutual Company Title Attorney-J~-Fact Z000 Westwood Drive ~galAddress Warsaw, WI 5~01-7881 Co.rate Secreta~ No. 223-258- 0 INSURANCE OF A Mutual Company POWER OF ATTORNEY KNOW AI.I. 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 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 OBI,IGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND I~AIVEI~S TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUH OF T~IIgNTY FIVE 14ILLION DOLLAP~ ($25,000,000) . _ and to bind 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 attorney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board ofl)irectors of said Company at a meeting duly called and held on the 18th day of May. 1973, which resolution is still in effect: "RESO[,VEI). that the President and any Vice President -- elective or appointive -- of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is. authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds. undertakings and all contracts ofsuretyship; and that any secretary or assistant secretary be. and that 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 EMPI,OYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESO[,VEI), that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall 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 bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF. EMPI.OYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this IST day of OCTOBER ,19 95 /.:; ....~-~ EMPLOYERS INSURANCE OF WAUSAU A Mutual Company J. Stephen Ryan Vice President R. J. B~steman~' Assistant Secretary STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON ) On this 15T day of O~OB~ ,19 95 , before me personally came 1. 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 seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. [N WITNESS WHEREOF. I have hereumo set my hand and affixed my official seal the day and year herein first above written. STATE (IF WIS('()NSIN ) CITY OF WAUSAU } ss. COUNTY OF MARATHON } Patricia A. Kiernan NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES MAY 24, 1998 CERTIFICATE Notary Public I. the undersigned. assistant secretary of EMPI.OYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin ('orporation. do hereby certify that the fi~regoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked: and furthermore that the resolution of the Board of I)irectors set fi)rth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County. State of Wisconsin, this ~8~h day of July ,~9 97 ~f~'~ R.J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARI)ING THE VAI,II)ITY OR WORDING OF THIS POWER OF ATTORNEY. CAI,I. TOI,!. FREE (800) 826-1661. (IN WISCONSIN, CAI,I. (800) 472-0041).