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HomeMy WebLinkAbout19- Contract Agreement - Omdahl Excavation & Utilties, Inc. - Lead Service Line Replacement CONTRACT.MRG CONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the day of F in the year 201N01by and between CITY OF BOZEMAN hereinafter called OWNER and OMDAHL EXCAVATION & UTILITIES, INC. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows : Article 1 . WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract . The Project Work is generally described as follows : Assigned individual lead service line replacement projects on a task order basis . For each task order, the contractor will provide the City with a cost estimate and schedule for the City' s approval prior to commencing work. The contractor (s) selected for each location will be responsible for the replacement of the lead service lines from the water main up to and including the curb stop and box inside of property. If lead or galvanized pipe still exists after the curb box inside of property, it will be the contractor' s responsibility to replace that service line to the residence . The contractor will also be responsible for abandoning the service lines at the water main per City of Bozeman Water Department policy. The contractor (s) will be responsible for the restoration of any asphalt, landscape or concrete removed during the project . Article 2 . CONTRACT TIME. 2 . 1 The Work will be completed within the agreed upon time for each location that is specified in the task order for that site. Final payment for each task order will be withheld until final completion and acceptance of the work as stipulated in the task order. 1 CONTRACT.MRG Article 3 . CONTRACT PRICE. 3 . 1 OWNER shall pay CONTRACTOR for performance of the Work specified in each task order that is awarded. Multiple task orders may be awarded under the provisions of this contract . Overall cumulative payment for all task orders awarded under this contract shall not exceed the sum (subject to adjustment as provided in the Contract Documents) of Seventy Five Thousand Dollars Dollars ($ 75 , 000 ) Article 4 . PAYMENT PROCEDURES . CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard Specification, Sixth Edition General Conditions . Applications for payment will be processed as provided in the General Conditions . 4 . 1 Payment . Upon satisfactory final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the full price agreed to for each task order. 4 . 1 . 1 Measurement and Payment . Payment for the work satisfactorily completed in accordance with this contract shall be made pursuant to the terms of each individual task order. No item that is required by Contract for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in a task order. All work not specifically set forth as a pay item in a task order shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the contract price . Article 5 . CONTRACTOR' S REPRESENTATIONS . In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations : 5 . 1 CONTRACTOR has familiarized himself with the nature and 2 extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 5 . 2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. 5 . 3 CONTRACTOR has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes . 5 .4 CONTRACTOR has correlated the results of all such observa- tions, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents . Article 6 . CONTRACT DOCUMENTS . The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR as attached to or referenced in this Agreement, are made a part hereof and consist of the following: 6 . 1 This Agreement . 6 . 2 Certificates of Insurance and Performance and Payment Bonds . 6 . 3 Montana Public Works Standard Specifications (MPWSS) , Sixth Edition, and as further amended by the City of Bozeman Modifications to MPWSS (by reference) . 6 .4 Notice to Proceed. There are no Contract Documents other than those listed above in this Article 6 . 3 The Contract Documents may only be altered, amended or repealed by a modification (as defined in the Montana Public Works Standard Specifications, Sixth Edition, General Conditions) . Article 7 . GENERAL REQUIREMENTS . 7 . 1 Contractor Use of Premises . The CONTRACTOR shall confine his operations at site of the proposed work to within the right- of-way or construction easements provided. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the OWNER to the sites occupied by these stored materials and equipment, the CONTRACTOR owning or responsible for the stored materials or equipment shall immediately remove same . No materials or equipment may be placed upon any private property until the property OWNER has agreed in writing to the location contemplated by the CONTRACTOR to be used for storage . 7 . 2 Protection of Existing Structures . The CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching, by contacting the OWNERS thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely upon information shown on the drawings concerning existing underground installations . The CONTRACTOR shall repair all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a minimum, call the "One- Call" utility locate system (Phone: 1-800-424-5555) at least 72 hours in advance of starting construction. Where excavation will be required adjacent to existing struc- tures, the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures . The CONTRACTOR shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The CONTRACTOR shall repair all damage to the existing structures at his own expense . Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, 4 or extra cost to the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages . 7 . 3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways, etc . The CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways, and other public or private improvements are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the CONTRACTOR shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the CONTRACTOR at his own expense . 7 .4 Surface Drainage . Water from such sources as surface runoff, dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas . 7 . 5 Work Sequence . The CONTRACTOR shall schedule the work to minimize inconvenience to the OWNER and to adjacent property owners and to minimize interruptions to utility service . This shall include minimizing obstruction to local traffic especially on dead end streets . Work shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will be required between the CONTRACTOR, OWNER, and COUNTY. The utility service companies such as power, gas, telephone, and video shall be contacted at least 72 hours in advance of when locating of services will be required. Article 8 . Warranty and Guarantee . 8 . 1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective . Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the Montana Public Works Standard Specification, Sixth Edition (MPWSS) . 5 Article 9 . Traffic Control . 9 . 1 The CONTRACTOR shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the CONTRACTOR shall obtain approval of such actions from the appropriate road agency and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD) . The CONTRACTOR shall not occupy the work site or initiate construction until all traffic control provisions are in place and the OWNER has been so notified. 9 . 2 Safety Provisions . Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public on these streets and roads . 9 . 3 Barricades and Lights . Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the responsibility of the CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall cooperate and coordinate his methods with the OWNER' S traffic control plans prior to the disruption of the normal flow of any traffic . All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public . Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights . All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise . Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights . All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction 6 thereover. Work performed within property under the OWNER' S jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. Article 10 STATE LAWS AND REGULATIONS . 10 . 1 All applicable laws, ordinances and the rules and regula- tions of all authorities having jurisdiction over construction of the project shall apply to the contract throughout . 7 10 . 1 . 1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder' s Certificate of Contractor' s Registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) 10 . 1 . 2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (10) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue . 10 . 1 . 3 The CONTRACTOR' S attention is called to the Industrial Accident Insurance laws in force in Montana and to the responsibility of the OWNER for the collection of premiums thereunder. The CONTRACTOR' S compliance with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have been paid before payment is made on the final estimate . 10 . 1 . 4 LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18 , Chapter 2, Part 4, MCA. 10 . 1 . 5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess of $25, 000 . 00, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages . The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. Article 11 . PERFORMANCE AND PAYMENT BONDS . The CONTRACTOR shall furnish a Performance Bond and a Payment Bond in favor of the OWNER each in an amount equal to one-hundred Percent (1000) of the Agreement amount . Article 12 . INSURANCE. Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTOR shall secure 8 and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of B+, VI, as will protect himself, his subcontractors, the Owner and their respective agents and employees from claims for bodily injury, death or property damage which may arise from operations and completed operations under this Agreement. Such coverage shall be written for claims arising out of all premises/ operations, sub-contracted operations, products/completed operations, and all liability assumed by the CONTRACTOR under any contract or agreement . CONTRACTOR shall not commence work under this Agreement until such certified copies of the insurance policy shall have been filed with the OWNER. The City of Bozeman shall be named as additional insured on any insurance certificates . All insurance coverages shall remain in effect throughout the life of the Agreement . Each insurance policy shall contain a clause providing that it will not be cancelled by the insurance company without 30 days written notice to the OWNER and Engineer of intention to cancel . The minimum amounts of such insurance coverages being as per Section SC-5 . 04 , Supplementary Conditions to the General Conditions, Montana Public Works Standard Specifications, Sixth Edition, and included herein: SC - 5 . 04 CONTRACTOR' S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5 . 04 .B: C. The limits of liability for the insurance required by Paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations : 1 . Workers' Compensation, etc . under Paragraphs 5 . 04 . 1 and 5 . 04 . 2 of the General Conditions . a. State Statutory b. Applicable Federal (e .g. Longshoremans) Statutory c . Employer' s Liability $ 500, 000 . 00 2 . Contractor' s Liability Insurance under Paragraphs 5 . 04 .A. 3 through 5 . 04 . A. 6 of the General Conditions which shall also include completed operations and product liability coverage . a. GENERAL AGGREGATE $ 3 , 000, 000 . 00 b. Products-Completed Operations Aggregate $ 3 , 000, 000 . 00 c . Personal and Advertising 9 d. Each Occurrence (Bodily Injury and Property Damage) $ 1, 000, 000 . 00 e . Coverage will include: 1 . Premises - Operations 2 . Operations of Independent Contractor 3 . Contractual Liability 4 . Personal Injury 5 Products and Completed Operations6 . Broad Form Property Damag( will include explosion, collapse, blasting and underground where applicable . 7 . Per Project Aggregate Endorsement 3 . Automobile Liability under Paragraph 5 . 04 .A. 6 of the General Conditions : a. Bodily Injury: Each Person $ 500, 000 . 00 Each Accident $ 1, 000, 000 . 00 Property Damage: Each Accident $1, 000, 000 . 00 (or) b. Combined Single Limit $ 1, 000, 000 . 00 Coverage to Include 1 . All Owned 2 . Hired 3 . Non-Owned 4 . Contractor' s Liability Insurance under 5 . 04 .A. 3 through 5 . 04 .A. 6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance . Primary occurrence limit cannot be less than $1, 000, 000 . 00 . Deductible not to exceed $5, 000 . 00 per occurrence on property damage . 5 . Add a new paragraph at the end of Paragraph 5 . 04 .B. 1 of the General Conditions as follows : The Contractor' s insurance coverage shall name the Owner, and Engineer and Engineer' s Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices . 10 6 . The Contractual Liability coverage required by Paragraph 5 . 04 .B.4 . of the General Conditions shall provide coverage for not less than the following amounts : Each Occurrence $ 1, 000, 000 . 00 Aggregate $ 3, 000, 000 . 00 Article 13 . MISCELLANEOUS . 13 . 1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions of the Montana Public Works Standard Specifications, Sixth Edition. 13 . 2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives . Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The. Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 13 . 3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney' s fees and costs, including fees, salary, and costs of in-house counsel . 13 .4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of the Agreement . 13 . 5 The CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in performing the work required. The CONTRACTOR is and shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications . The 11 CONTRACTOR shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, workman' s compensation and unemployment insurance. 13 . 6 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor' s employees and to all subcontracts . 13 . 7 CITY OF BOZEMAN.BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License . Applications for Business Licenses may be obtained through the Planning Office, 20 E. Olive, Bozeman, Montana. Article 14 . Special Provisions 14 . 1 All debris resulting from the work shall be promptly removed and disposed of and any disturbed landscaped areas shall be properly restored. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OMDAHL EXCAVATION & UTILITIES, INC. (Contractor) By Title Montana Contractor Registration Number 3 nG�j SEAL AND ATTEST: C ' ty of Bozeman (Ow er) i By f Title SEAL AND ATTEST: ' r�6 O••.■�•� J'�. B "1 • Y • Title �• �'R ; 13 PERFORMANCE BOND Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name, and Address of Principal Place of Business): Omdahl Excavation&Utilities, Inc. The Ohio Casualty Insurance Company 659 Morning Mist Road 62 Maple Avenue Manhattan, MT 59741-8556 Keene, NH 03431 OWNF,R (Nance and Address): City of Bozeman PO Box 1230 Bozeman, MT 59771 CONTRACT Effective Date of Agreement: Amount: $75,000 (Seventy Five Thousand Dollars and 00/100) Description(Name and Location): Lead Service Replacement Project City of Bozeman, Montana BOND Bond Number:67S200884 Date(Not earlier than Effective Date of Agreement): Amount: $75,000 (Seventy Five Thousand Dollars and 00/100) Modifications to this Bond Form: NA Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer, agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Exgava 'on&l)tilitieg,Lqg. ____ (Seal) The Ohio Casualty Insurance Company (Seal) Contractor's Name and'Corporate Seal Surety's Name and Corporate Seal By: _ By: ture Signature(Attach Power of Attorney) 19 Bryan D. Hall 1' ` t Named Print Name Attorney-In-Fact Title Title Atte Attest: ­Vv*� - g re Signature arci Stoppel Surety Account Manager Title 'ride Note: Provide execution by additional parties, .such as joint venturers, if necessary. EJCDC C•610 Performance Bond Prepared by the Engineers Joint Contract Documents Comnuttee. Page I of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Conti-actor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 1 2. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference Nvith Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed areasonable time to perform the Contract, but such an agreement shall not,waive Owner's right, if any, subsequently to declare a Contractor Default-, and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perfbrm the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Conti-act Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation. detennine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner;01' 2, Deny liability in whole or in part and notify Owner citing reasons therefor, 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner, 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the.responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. 'Fo the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5A The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligation,,. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors, administrators,or successors. 7. Surety hereby waives notice of any change, including changes of time, to Conti-act or to related subcontracts, purchase orders, and other obligations. S. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations tinder this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sLjreties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond, 11. Definilions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract, 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. F'OR INFORMATION ONLY—(Name, A(hiress and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715,406-587-5111 Owner:s_�Peresentative(Engineer o? other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents com"ttee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name, and Address of Principal Place of Omdahl Excavation&Utilities, Inc. Business): 659 Morning Mist Road The Ohio Casualty Insurance Company Manhattan, MT 59741-8556 62 Maple Avenue OWNER (Name and Address): Keene, NH 03431 City of Bozeman PO Box 1230, Bozeman, MT 59771 CONTRACT Effective Date of Agreement: Amount: $75,000 (Seventy Five Thousand Dollars and 00/100) Description (Name and I.,ocation): Lead Service Replacement Project City of Bozeman, Montana BOND Bond Number:67S200884 Tate (Not earlier than Effective Date of Agreement): Amount:$75,000(Seventy Five Thousand Dollars and 00/100) Modifications to this Bond Dorm: NA Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer, agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Excavation.& Utilities;Inc. (Seal) The Ohio Casualty Insurance Company (Seal) Contractor's Name ctrid'CoTpo,atc Seal Surety's Name and Corporate Seal Tay: By: aturc Signature(Attach Power of Attorney) �/^-o Bryan D. Hall Print Name Print Name e1,01 J Attorney-In-Fact Title Title A e Attest: /X 1* t ture Signature Marci Stoppel :�" _ _ Surety Account Manager Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. FJCDC:C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifics, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims. demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default, 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount,of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing tine above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made udder this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant- has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that.Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 13JCDC C•615 Payment Bond Prepared by the Engincers,joint Contract Documents Committee. Page 2 or 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payrrients to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations, 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were, furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 0 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrorn and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with t first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. I-lie intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment", that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY ­-(Name,Address, and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, IVIT 59715,406-587-5111 Owner's Representative(Engineer or other): EJCDC C-615 Payment Bond Prepared by the Engin"rs Joint Contract Documents Committee. Page 3 of 3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279346 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, RICHARD B.DEMING,JULIE A.BENNETT TYLER P.DELANEY, WILLIAM R.PRICE,DEBBIE DUNEMAN,DONNA K.TUCEK,MARK COLLINS,BRYAN D.HALL, ......... ......... ........................... .......................................................................... .............................................................................................................................................................................................................................................................................................................................. all of the city of BOZEMAN ,state of MONTANA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomeyhas been subscribed byan authorized officerorofficial of the Companies andthe corporateseals of the Companies have been affixed thereto this 291h day of March 2012, >- American Fire and Casualty Company The Ohio Casualty Insurance Company N O "Y ACHYT�. et" 94PQ.F-a cc CAS rv.E I -�- sa G F'�}2P..g Q t �r c ra rx utf afi t Liberty Mutual Insurance Company d 5[ f1 � t ' Peerless Insurance Company yI<, Y c t s'rI< 'N West American Insurance Company cd By: C STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary a COUNTY OF KING — O d Ira v d On this 29th day of March 2012 ,before me personally appeared Gregory W Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and �,U) p Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being d LLI > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C E M IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q C)'� r �, 4- CN :vAfi p 0 o .7r.r By: 1C��t(eta d c — L ru r _ KD Riley,Nota Public O p d; :, IL !d c L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andQiitiiorizations of American Fire and Casualty Company,The Ohio Casualty Insurance s CD 0- Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: ai M d') 6C ar ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject ,d p C to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :5 E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective C powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '+ > - L executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under m .a v the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. N �s c 00 ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, ;F M 0 v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, O o seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their 0 r- respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so to executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 . clklll PIP AME of f� rr v9 a�v n tD°t By. SEAL David M.Carey,Assistant Secretary POA-AFCC,LMIC,OCIC,PIC&WAIC LMS 12873 012012 _-_4*1 OMDAEXC-01 MSTOPPEL DIYYYY) DATE(MM/D CERTIFICATE OF LIABILITY INSURANCE FDATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marcl Stoppel,CISR First West,Inc. P.O.Box 1800 (A/Hc°,No,EXt):(406)922-6030 FAX Noy.(406)587-9162 Bozeman,MT 59771 ao RIEss:mstoppel@1stwestinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company _ _ 10677 INSURED INSURER B:Montana State Fund 15819 Omdahl Excavation&Utilities,Inc. INSURER C: 659 Morning Mist Rd INSURER D: _ Manhattan,MT 59741-8556 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_. INSR I ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER M /D D LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 CLAIMS-MADE X OCCUR X EPP 0024533 5/15/2016 5/15/2019 PREMISES Ea occurrence $ MED EXP(Any one person)__ $ 10'000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ — 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Ea acclid.ntSINGLE LIMIT $ 1,000,000 X ANY AUTO X EBA 0024533 5/15/2018 5/15/2019 BODILY INJURY Per erson $ _ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident)____ $ $ A X UMBRELLALIAB X OCCUR EACH OCCURRENCE is 1,000,000 4EXCESS LIAB CLAIMS-MADE X EPP 0024533 5/15/2016 5/15/2019 AGGREGATE $ 11000,000 DED X RETENTION$ 0 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER__ 032643520 7/1/2018 7/1/2019 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N E.L.EACH ACCIDENT $ NlPandato/ryin NH)EXCLUDED? o NIA E.L.DISEASE-EA EMPLOYEE $ 500,000_ If yes,describe under 500000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , A (Leased/Rented EPP 0024533 5/15/2016 5/15/2019 Limit 200,000 i DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Byron&Bev Omdahl are excluded from Workers Compensation coverage. Re:Lead Service Replacement Project Certificate holder,Owner,and Engineer and Engineer's Conlsultants are additional insured for General Liability,provided requirement is part of a written agreement currently in effect,per conditions and limitations of policy form GA233MT 05-10 available upon request. Certificate holder is additional insured for Auto Liability,provided requirement is part of a written agreement currently in effect,per terms and conditions of policy form AA101 03-06 available upon request. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman&State of Montana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:OMDAEXC-01 MSTOPPEL LOC#: 1 ACOR® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED First West, Inc. Omdahl Excavation&Utilities,Inc. 659 Morning Mist Rd POLICY NUMBER Manhattan,-MT 59741-8556 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability insurance Description of Operations/Locations/Vehicles: Certificate holder is additional insured for Umbrella Liability, provided requirement is part of a written agreement currently in effect, per terms and conditions of policy form US101 UM 12-04 available upon request. 30 Days cancellation notification provided per terms and conditions of policy form IA4087 08-11 available upon request. Contractural Liability is provided per terms and conditions of policy form GA101 12-04 available upon request. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD