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Home My WebLink About1997-098 Contract - LTM CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this.~day of September, 1997, between the City of Ashland, ("City") and L. T.M., Inc. ("Contractor"). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Winburn Way Culvert Replacement Project No. 97-28. 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 are incorporated into this contract: 3. Price and Pavment: 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 the contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $658,968.00 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: 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 (48) 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 manner. 6. 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 PAGE 1-(c:engineerlprojectlwinburn.Con) 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. 7. Prevailing Wage 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. CITY OF ASHLAND BY: Its: "/ i Almquist . City Administrator BY: Its: REVIEWED AS TO CONTENT: ~VIP'NP G FORM: City ~ey f Date . "3C> &77 Coding (for City use only) PAGE 2-(c:engineerlprojectlwinburn.Con) PERFORMANCE AND PAYMENT BOND The undersigned L. T.M., Inc., as principal, further referred to in this bond as Contractor, and EMPLOYERS I NSURANCE OF WAUSAU A Mutual Company , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of six hundred andfifty-eight thousand nine hundred and sixty eight Dollars ($658,968.00). Contractor and City have entered into a written contract dated , for the following project: Winburn Way Culvert Replacement Project No. 97-28. 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: 1. 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. 2. 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. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. 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. 7. The bond number and the name, address, and telephone number for the agent authorized to receive notices concerning this bond are as follows: Bond Number 2350 88 049847 Bond Agent Sedgwick James of Oregon, Inc. Address 823 Alder Creek Drive Medford, Oregon 97504-8900 Telephone 541-773-6658 Performance and Payment Bond (p.contr/bond-pay.bnd) SIGNED this 24th day of September WITNESS: (Corporate Seal) WITNESS: , 199~. L. T .M., By Title Attest: (Corporate seal) C~ EMPLOYERS INSURANC Surety A Mutual Company BY~~to~' di~~, Title Attorney- i n-F act 2000 Westwood Drive Legal Address Wausau, WI 54401-7881 Attest: ~~ Corporate Secret Performance and Payment Bond (p.contr/bond-pay.bnd) - ::.::: z o w a: z a: <( w c... c... <( f- a z (J) w a o f- Z w C)~ Z<( _f- Z~ a::i: <(~ ~~ z a: a f- f- <( L.L. a a: w ~ a c... o --.J <( > z z <( (J) (J) I f- No. 223-276- 00005 EMPIDVERS INSURANCE Of WAlJS.\U A Mutual Company POWER OF ATTORNEY KNOW ALL 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 LINDA SHAnDON, R.J. ASCHBACHER its true and lawful attorney.in.fact, with fuJl 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 OBLIGATIONS 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). , and to hind 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 aJl that the said attorney-in.fact may do in the premises. This power of attorney is granted pursuant to the foJlowing resolution adopted by the Board of Directors of said Company at a meeting duly railed and held on the IRth day of May. 197:1. whirh resolution is still in effect: "RESOLVED, that the President and any Vice President - elertive or appointive - of EMPLOYERS INSURANCE OF W A USA U A Mutual Company be. and that earh of them hereby is. authorized to execute powers of attorney qualifyi!1g the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF W AUSAU A Mutual Company bonds. undertakin/o!s and all contracts of suretyship; and that any secretary or assistant secretary be. and thnt each or any of them hereby is. authorized to attest the execution of any such power of attorney. and to attarh thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED. that thesi/o!natures of such officers and the seal of EMPLOYERS INSURANCE OF W AUSAU A Mutual Company may be affixed to any surh power of attorney or to any certificate relating thereto by farsimile. and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon thp EMPLOYJ-:HS INSURANCE OF W AUSAU A Mutual Company when so affixed and in the future with respect to any hondo undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and anesled by its assistanl secretary, and its corporate seal to be hereto affixed this 1 ST day of SEPTEMBER , 19-2.1...-. /~;~:;--;;"~:;: t; (,0"'011,4'1 ~ I.;. ~.- 11 \ SEAL .''/ ~#~? EMPLOYERS INSURANCE OF WAUSAU A Mutual Company I--~~-- By J. Stephen Ryan Attest: d I! / .L ~JtI,~ R. J. Bfsteman/ Assistant Secretary Vice President STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON ) On this 1ST day of SEPTEMBER . 19R-. 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 iri and which executed Ihe above instJ1Jment; thaI he knows Ihe seal of said corporalion; thaI the seal affixed to said instJ1Jment is such corporate seal and thaI it was so affixed by order of the Board of Direclors of said corporation and that he signed his name thereto by like order. 1:\ WIT:\ESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above writlen. PJ~ ~< ~ ~ PatricUl A. Herdina NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES MAY 24, 1998 CERTIFICATE STATE OF WISCONSIN ('JTY OF WAl1SAll I ss. COUNTY OF MARATHON I I. th{' undersigned. assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a Wisconsin ('orporation. do ht'rpby certify that thp foregoing 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 bp{'n rpvokpd: and furthermort' that thp resolution of the Board of Directors set forth in the power of attorney is stiJI in force. Signed and sealed in the Citv of Wausau. Marathon Countv. State of Wisconsin this 24th day "r sePte~:;<~ .. ",9L . A: d 4k I('o'~~~", i, R. J. Besteman / / \~EAl d ~............I Assistant Secretary NOTE IF YOU HAVE ANY (~UESTIONS RE(~ARI)JN(; THE V ALJ])ITY OR WORDING OF THIS POWER OF ATTOHNEY, CALL TOLL FREE (HOO) H26-1661. (IN WISCONSIN. CALL (HOO) 472.0(41). DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (541) 488-5587 ENGINEERING: (541) 488-5347 CITY HALL CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541) 488-6006 NOTICE OF TRANSMITTAL TO: Barbara Christensen Jill Turner Bob Nelson Mike Biondi Dale Lininger DATE PROJECT JOB NO. SUBJECT 10/02/97 Winburn Way Culvert 97-28 Contract Documents THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Barbara: Original Contract and Bond for filing. Jill: Copies of Contract, Bond & Requisition Bob: Original insurance certificates and copy of Contract. Mike: Requisition for project, copy of Contract. Dale: Copy of Contract, Bond & pre-construction minutes. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Department of Public W ork9 LttJ Engineering Division 1 J [/ By: James H. Olson Title: Assistant City Engineer (c: lengineerlnottrans. fnn