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HomeMy WebLinkAbout19- Contract Documents, Construction Specifications, and Plans - Central Excavation, Inc. - Church Street Stormwater Improvements Church Street Stormwater Improvements Contract Documents, Construction Specifications, and Plans 1'•P-�ti tk t�ti `t� t � ♦ �\ i - \ 1 I _ June j. r a MT ZEMAN Stormwater Division Prepared By: .r +000, City of Bozeman Stormwater Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 Ph. (406) 582-2270 ''<= Fax (406) 582-2263 TABLE OF CONTENTS Church Street Stormwater Improvements CONTRACT DOCUMENTS Section 001: Invitation to Submit Quote Section 002: Instructions for Contractors Section 003: Quote Form Section 004: Non-Discrimination Affirmation Form Section 005: Notice of Award Section 006: Agreement Form Section 007: Payment Bond Section 008: Performance Bond Section 009: Standard General Conditions of the Construction Contact: Section C-700 Section 010: Supplementary Conditions of the General Conditions: Section 00810 Section 011: Montana Prevailing Wage Rates CONSTRUCTION SPECIFICATIONS Section 012: Special Provisions Section 013: Product Specifications Section 014: Measurement and Payment Section 015: Hydrodynamic Separator Specification Section 016: Standard Drawings APPENDIX A: PLAN SET ■ Project Drawings INVITATION TO SUBMIT QUOTE Church Street Stormwater Improvements The City of Bozeman, Montana, hereby gives notice that it is accepting quotes for the: Church Street Stormwater Improvements The City of Bozeman will receive quotes for the construction of the aforementioned project at the office of the Stormwater Division at the Professional Building, 20 E. Olive Street, Box 1230, Bozeman, Montana 59771-1230 until 5:00 p.m., local time, June 21, 2019. City of Bozeman Physical Address: Stormwater Division, Professional Building, 20 E. Olive Street, Bozeman, Montana 59771-1230 City of Bozeman Mailing Address: Stormwater Division, Professional Building, P.O. Box 1230, Bozeman, Montana 59771-1230 Quote Acceptance Deadline: The City of Bozeman must receive quotes before 5:00 p.m., June 21, 2019. Stormwater Division staff will review quotes and award the project directly after the end of the submittal period. Contractors must submit original copies.The City of Bozeman will not accept faxed or electronic quotes. General Project Information: Installation of a stormwater treatment unit near the intersection of East Main Street and South Church Avenue, including supplying and installing the treatment unit, site restoration, traffic control, and all other items incidental to construction. Contract Documents, Construction Specifications, and Plans: The Stormwater Division shall provide Contractors with a set of the compiled documents. Montana Department of Labor and Industry Registration Requirements: The Contractor and any subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Contractors can receive information regarding registration by calling 1-406-444-7734. The Contractor is not required to have registered with the DLI before submitting a quote for this project but must have registered before the execution of the Construction Agreement. Prevailing Wage Requirements: All laborers and mechanics employed by the Contractor or subcontractors in the performance of the construction work shall be paid wages at rates as required by the laws of the state of Montana. Section 001 INVITATION TO SUBMIT QUOTE Page 1 of 2 Non Discrimination Requirements: Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Submittal Requirements: The Stormwater Division does not require a Bid Bond for this project; however, the successful Contractor shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent(100%)of the contract amount.The successful Contractor shall provide Certificate(s) of Insurance. City of Bozeman Rejection Rights: The Stormwater Division reserves the right to reject any or all quotes received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty(60) days, and to accept the lowest responsive and responsible quote, which is in the best interest of the City of Bozeman. Equal Opportunity Employer Requirement: The Contractor is required to be an Equal Opportunity Employer(EOE). DATED at Bozeman, Montana, this 291h day of May 2019. Kyle Mehrens Stormwater Program Coordinator, City of Bozeman Section 001 INVITATION TO SUBMIT QUOTE Page 2 of 2 INSTRUCTIONS FOR CONTRACTORS Church Street Stormwater Improvements Overview: The City of Bozeman will receive quotes for the construction of the project above at the office of the Stormwater Division at the Professional Building, 20 E. Olive Street, Box 1230, Bozeman, Montana 59771-1230 until 5:00 p.m., local time, June 21, 2019, at the following locations: City of Bozeman Physical Address: Stormwater Division, Professional Building, 20 E. Olive Street, Bozeman, Montana 59771-1230 City of Bozeman Mailing Address: Stormwater Division, Professional Building, P.O. Box 1230, Bozeman, Montana 59771-1230 The Contractor must provide quotes on the forms provided in this bound copy of the Contract Documents.The Contractor must legibly prepare quotes and write them in ink,with all prices given in figures and the total amount given in words and numbers. The City of Bozeman will not permit alterations by erasures or interlineations. Quotes shall be strictly in accordance with the Contract Documents and Quote Form. The City of Bozeman may consider any modifications thereof or deviations as sufficient cause for rejection.The City of Bozeman may deem quotes carrying riders or qualifications irregular and reject. The Quote Form shall also contain the following information: 1. Name of the Contractor: 2. Montana Certificate of Contractor Registration No.: 3. Acknowledge Receipt of Addendum No.: , Contractors shall make quotes in accordance with the following instructions: 1. Submit one complete bound copy of the Contract Documents directly to the Stormwater Division. 2. Quotes shall be made in ink upon the unaltered Quote Form supplied with these documents. 3. All blank spaces must be properly filled. 4. The total quote price must be stated in both words and figures. In case of a discrepancy between the unit price and total quote price,the unit prices or lump sum prices shall be used in computing the total quoted price. 5. The Quote Form shall contain no additions, conditions, stipulations, erasures, or other irregularities. 6. The Contractor must acknowledge receipt of all Addenda issued. 7. The Contractor must include a completed and signed Non-Discrimination Affirmation Form. Section 002 INSTRUCTIONS FOR CONTRACTORS Page 1 of 9 Signature of Contractor: The Contractor must sign each quote in ink and include theirfull name and business address or place of residence. In the case of a firm or partnership, each member must insert their name and business address or place of residence. In the case where the Contractor submits a quote on behalf of a corporation, the City of Bozeman requires the signatory of such corporation to be an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation.The quote of a corporation signed by a person other than a corporate officer shall include a Power of Attorney showing that person's authority. Quote Totals: No Contractor may submit more than one quote. The City of Bozeman will not receive two quotes under different names from one firm or association. Responsibilities of Agent: The City of Bozeman may require any person signing a quote as the agent of another, or of others,to submit satisfactory evidence of this authority to do so. Qualifications of Contractor: The City of Bozeman may request that the Contractor submit satisfactory evidence that they have practical knowledge of the particular work quoted upon and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible Contractor, the City of Bozeman will consider the following elements: 1. Whether the Contractor involved maintains a permanent place of business. 2. Whether the Contractor involved has adequate plant and equipment to do the work properly and expeditiously. 3. Whether the Contractor involved has a suitable financial status to meet obligations incident to work. 4. Whether the Contractor involved has appropriate technical experience. The City of Bozeman may require each Contractor to show that former work performed was done in such a manner that there are no just or proper claims pending against such work. No Contractor will be accepted if they are engaged in any other work which impairs their ability to finance the Contract. The Contractor shall demonstrate their competence by meeting all requirements herein stipulated if requested. Contract Documents: The City of Bozeman intends that the Montana Public Works Standard Specification, 6th Edition (MPWSS), be used to govern the contractual and performance aspects of this project. The City of Bozeman hereby incorporates the MPWSS as part of these Contract Documents, as modified by the Section 002 INSTRUCTIONS FOR CONTRACTORS Page 2 of 9 City of Bozeman MPWSS (COB MODS), dated March 31, 2011, including all Addenda which are also hereby incorporated as part of these Contract Documents,and as further modified herein by the City of Bozeman. The Contractor shall utilize all standard forms of MPWSS while executing these Contract Documents unless otherwise noted or revised in the bound Contract Documents. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, to assist the Contractor in preparation of their quote. The City of Bozeman makes the complete Contract Documents apart hereof, which consist of the following: 1. Invitation to Submit Quote 2. Instructions for Contractors 3. Quote Form 4. Non-Discrimination Affirmation Form 5. Notice of Award 6. Agreement Form 7. Payment Bond 8. Performance Bond 9. Standard General Conditions of the Construction Contact: Section C-700 10. Supplementary Conditions of the General Conditions: Section 00810 11. Montana Prevailing Wage Rates 12. Special Provisions 13. Product Specifications 14. Measurement and Payment 15. Hydrodynamic Separator Specifications 16. Standard Drawings 17. Notice to Proceed 18. Field Order 19. Monthly Pay Summary 20. Change Order Form 21. Resume Work 22. Suspend Work '23. Work Change Directive 24. Pay Request 25. Certificate of Substantial Completion 26. Blank Claim Form 27. Project Drawings Examination of Contract Documents and Site: Before submitting a quote, each Contractor must: Section 002 INSTRUCTIONS FOR CONTRACTORS Page 3 of 9 1. Examine the Contract Documents thoroughly 2. Visit the site to familiarize themselves with location conditions that may in any manner affect cost, progress or performance of the work 3. Familiarize themselves with federal,state and local laws,ordinances,rules and regulations that may in any manner affect cost, progress or performance of the work 4. Study and carefully correlate observations with the Contract Documents Any Contractor may, upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications.These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting a quote, each Contractor will, at their own expense, make such additional investigations and tests as the Contractor may deem necessary to determine their quote for the performance of the work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, the City of Bozeman will provide each Contractor access to the site to conduct such investigations and tests as each Contractor deems necessary for submission of their quote. Any administrative requirements and associated costs of such studies are the responsibility of the Contractor. The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by the Contractor in performing the work are identified in the specifications or on the plan set. The submission of a quote will constitute an incontrovertible representation by the Contractor that they have complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the Contract Documents, it is agreed that such logs do not constitute a part of the Contract and are included only for the convenience of the Contractor and do not relieve them of their duties under this section or any other responsibility under the Contract. No information derived from any inspection of records of investigation or compilation thereof made by the City of Bozeman will in any way relieve the Contractor from properly performing their obligations under the Contract. Underground Utilities: The location of underground utilities as shown on the drawings is approximate, and the City of Bozeman assumes no responsibility for determining their exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. Section 002 INSTRUCTIONS FOR CONTRACTORS Page 4 of 9 Interpretation of Contract Documents: If any person contemplating submitting a quote for the proposed Contract is in doubt as to the true meaning of any part of the specifications,or other proposed Contract Documents,they may submit to the City of Bozeman a written request for an interpretation thereof.The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an Addendum duly issued, and the City of Bozeman will electronically mail a copy of any such Addendum to each person receiving a set of such documents. Time of Completion: The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Contractor satisfies the City of Bozeman of their ability to complete the work within the stipulated time.The number of days within which or the dates by which,the work is to be substantially completed are set forth in the Quote Form and the Agreement Form. Liquidated Damages: Provisions for liquidated damages are set forth in the Agreement Form. Addenda: Any Addenda issued during the time of quote submittal,or forming a part of the Contract Documents loaned to the Contractor for the preparation of their quote,shall be covered in the quote and shall be made a part of the Contract Documents.The Contractor shall acknowledge receipt of each Addendum in the quote. The City of Bozeman will consider incomplete and not consider any quote in which all issued Addenda are not acknowledged. Quote Requirements: The City of Bozeman expects the Contractor to base their quote on materials and equipment complying fully with the plans and specifications and, in the event, they name in their quote materials or equipment which do not conform, they will be responsible for furnishing materials and equipment which fully conform at no charge in their quote price. Before submitting a quote,each Contractor should read the complete Contract Documents(including all Addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful Contractor but also to their subcontractors. Quote Quantities: The Contractor must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under the Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the quotes offered for the work. The Contractor agrees that, during progress of the work, the City of Bozeman may find it advisable to omit portions of the work, to increase or decrease the Section 002 INSTRUCTIONS FOR CONTRACTORS Page 5 of 9 quantities as may be deemed necessary or desirable,that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under the Contract Documents shall be the actual amount of work done and the materials furnished. The Contractor agrees that they will not claim damages,anticipated profits or otherwise on account of any difference which may be found between quantities of work done and the estimated quantities. Modifications and Withdrawal of Quotes: A quote may be modified or withdrawn by an appropriate document duly executed in the manner that a quote must be executed and delivered to the place where quotes are to be submitted prior to the date and time for the opening of quotes, as called for in the Invitation to Submit Quote. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the quote. If, within twenty-four (24) hours after quotes are opened, any Contractor files a duly signed written notice with the City of Bozeman and promptly thereafter demonstrates to the reasonable satisfaction of the City of Bozeman that there was a material and substantial mistake in the preparation of its quote,that Contractor may withdraw its quote. Thereafter, if the work is readvertised or negotiated, that Contractor will be disqualified from further quoting on the work. Acceptance and Rejection of Quotes: The City of Bozeman reserves the right to accept or reject the quotes, or portions of quotes, and to award more than one quote or schedule for the same quote if any of the aforementioned combinations of quotes or schedules will be in the best interest of the City of Bozeman. The City of Bozeman reserves the right to waive irregularities in any quote submitted, or reject nonconforming, non-responsive or conditional quotes and to correct arithmetical errors in the quote prior to comparison. Subcontractors: Within seven days after the City of Bozeman opens quotes, the apparent successful Contractor, and any other Contractor so requested,shall submit a list of subcontractors they expect to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor if requested by the City of Bozeman. If the City of Bozeman, Engineer,or Project Manager after a due investigation has a reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent successful Contractor to submit an acceptable substitute. If the substitution results in an increase in the quote, a corresponding adjustment will be made in the Contract price. If the apparent successful Contractor declines to make any such substitution, the Contract may not be awarded to such Contractor. Any subcontractor so listed and to whom the City of Bozeman does not make written objection prior to the giving of the Notice of Award will be deemed acceptable. The Contractor shall not be required to employ any subcontractor against whom they have a Section 002 INSTRUCTIONS FOR CONTRACTORS Page 6 of 9 reasonable objection. The use of subcontractors listed by the Contractor and accepted by the City of Bozeman prior to the Notice of Award will be required in the performance of the work. Award of Contract: The City of Bozeman reserves the right to reject any or all quotes, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional quotes. The City of Bozeman further reserves the right to reject the quote of any Contractor whom it finds, after reasonable inquiry and evaluation,to be non-responsible.The City of Bozeman may also reject the quote of any Contractor if the City of Bozeman believes that it would not be in the best interest of the project to make an award to that Contractor, whether because quote is not responsive, or the Contractor is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the City of Bozeman. The City of Bozeman also reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate Contract terms with the successful Contractor. In evaluating quotes, the City of Bozeman will consider whether or not the quotes comply with the prescribed requirements,and such alternatives,unit prices,and other data,as may be requested in the Quote Form or prior to the Notice of Award. In evaluating Contractors, the City of Bozeman will consider the qualifications of the Contractor and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the work for which the identity of subcontractors,suppliers,or other individuals or entities must be submitted as provided in the Supplementary Conditions. The City of Bozeman may conduct such investigations as they deem necessary to establish the responsibility,qualifications,and financial ability of the Contractor,proposed subcontractors,suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. If the Contract is to be awarded,the City of Bozeman will award the Contract to the Contractor whose quote is in the best interests of the project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, price, and other appropriate factors. If the Contract is to be awarded, the City of Bozeman will give the successful Contractor a Notice of Award within sixty (60) days after the day of the quote opening. The City of Bozeman reserves the right to cancel the award of any Contract at any time before the complete execution of said Agreement Form by all parties without any liability. If at any time this Contract is to be awarded, the total of the lowest acceptable quote exceeds the funds then estimated by the City of Bozeman as available,they may reject all quotes or take such other action as best serves the City of Bozeman's interests. Cancellation of Award: The City of Bozeman reserves the right to cancel the award of any Contract at any time before the Section 002 INSTRUCTIONS FOR CONTRACTORS Page 7 of 9 complete execution of the Contract by all parties without any liability. Performance and Payment of Bonds: The Contractor to whom the Contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the City of Bozeman each in an amount equal to one-hundred percent (100%) of the Agreement Form amount. The bonds shall be executed on the forms bound herein,signed by a surety company authorized to do business in the State of Montana,and acceptable as a surety to the City of Bozeman and countersigned by a Montana Resident Agent. With the bonds,there shall be filed with the City of Bozeman one copy of Power of Attorney certified to include the date of the bond. Execution and Approval of Agreement Form: The Agreement Form shall be signed by the successful Contractor and returned, together with the Contract bonds,within the time shown on the Quote Form. If the Agreement Form is not executed by the City of Bozeman within fifteen (15) days following receipt from the Contractor of the signed Agreement Form and bonds, the Contractor shall have the right to withdraw their quote without penalty. No Agreement Form shall be considered as effective until it has been fully executed by all of the parties thereto. Failure to Execute Agreement Form: Failure to execute the Agreement Form and furnish a Performance Bond and Payment Bond shall just cause for annulment of the award.The award may then be made to the next lowest responsible and qualified Contractor, or the work may be re-advertised as the City of Bozeman may decide. Payments: Payment for all work performed under this Agreement Form will be made by the City of Bozeman within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This Contract allows the City of Bozeman to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement Form. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. Prevailing Wage Rates: On all projects and contracts with the City of Bozeman,Contractor and all subcontractors shall payfor all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as Section 002 INSTRUCTIONS FOR CONTRACTORS Page 8 of 9 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. Posting: The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. Local Labor: The Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. Montana Contractor Registration Requirements: The Contractor and any subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry(DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694). Additional Contractor License Fee (Montana Contractors Gross Receipt Tax): In accordance with Title 15, Chapter 50, MCA,the City of Bozeman shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due to the Contractor and shall transmit such money to the Montana Department of Revenue. Contractor Preference: In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, preference will be given to the lowest responsible Contractor who is a resident of the State of Montana over a nonresident Contractor from any state or country that enforces a preference in their state or country for their resident Contractors. The preference given to Montana resident Contractor will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. Section 002 INSTRUCTIONS FOR CONTRACTORS Page 9 of 9 QUOTE FORM Church Street Stormwater Improvements TO: Stormwater Division P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED CONTRACTOR, having familiarized themselves with the work required by the Contract Documents,the site(s)where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the work, and having satisfied themselves of the expense and difficulties attending performance of the work. HEREBY PROPOSES AND AGREES, if this quote is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of the Church Street Stormwater Improvements, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of,the work;tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the work; bonds, insurance and submittals;all as indicated or specified in the Contract Documents to be performed orfurnished bythe Contractor within the time and for the prices set forth in the following schedules. The undersigned Contractor agrees to be bound by this quote for a period not to exceed that specified in the Invitation to Submit Quote. The undersigned Contractor agrees to furnish the required bonds and to enter into a contract within fifteen (15) calendar days after the City of Bozeman's acceptance of this quote and further agrees to complete all work within the time specified per schedule after the commencement of the contract time as defined in the General Conditions. The allowed contract time is 25 calendar days. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in the Agreement Form. The undersigned Contractor agrees that the unit prices shall govern in checking the quote,and should a discrepancy exist in the total prices and total amount of quote as listed above, after extensions are checked and corrections made, if any, the total amount of the quote as corrected shall be used in awarding the contract. The undersigned Contractor agrees that they have been afforded access to the construction site and has performed those independent site investigations as they deemed necessary. The undersigned Contractor hereby certifies the following: Section 003 QUOTE FORM Page 1 of 4 A) That this quote is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That they have not directly or indirectly solicited any other Contractor to put in a false or sham quote; C)That they have not solicited or induced any person,firm, or corporation to refrain from quoting; D) That they have not sought by collusion to obtain for themselves any advantage over any other Contractor or over the City of Bozeman. E)That they are not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Contractor either singularly or as a joint venture hereby certifies(certify)pursuant to Article 37-71-203, MCA, that they are duly and regularly licensed. The Contractor agrees to perform all the work described in the Contract Documents for the following unit prices: QUOTE SCHEDULE Schedule 1: General conditions, stormwater improvements, and miscellaneous work. Estimated Total Item Description Unit Unit Price Estimated Quantity Price 101 Taxes, Bonds, Insurance L.S. 1�Jc °�' 1 1 102 Mobilization L.S. �S- 6U 1 103 Unclassified Excavation L.S. y /so 1 [�/5.U� 104 Hydrodynamic Separator Unit L.S. Q� 1 2) 105 Flowable Fill L.S. s 501 1 500 106 Site Restoration L.S. 3 1jie 107 Traffic Control L.S. 6/5o� 108 Miscellaneous Work Each $1.00 5,000 $5,000.00 TOTAL SCHEDULE 1 QUOTE $ 7/, 2 W Sc't/PN d N a o1 w0 A (c)I Ltii e (TOTALS HEDULE 1 QUOTE -WRITTEN WORDS) Section 003 QUOTE FORM Page 2 of 4 Basis of Award: If the contract is awarded, the City of Bozeman will award a single Contract in accordance with the Instructions for Contractors. Contractors shall submit a quote for all items on a unit price basis for each item of work listed as provided and described above.The City of Bozeman reserves the right to accept or reject the quotes,or portions of the quotes denoted as separate schedules or alternates. The award will be made by the City of Bozeman on the basis of that quote from the lowest responsive, responsible Contractor which, in the City of Bozeman's sole and absolute judgment,will best serve the interest of the City of Bozeman.The low Contractor will be determined on the basis of the lowest combined Total Schedule 1 Quote. The undersigned Contractor acknowledged receipt of the following Addenda, which have been considered in preparation of this quote: No.: Dated: No.: Dated: No.: Dated: No.: Dated: Submitted this c)/ day of —�wrvc , 2019. Name of Company: CQN�rcy' Excciv.t,7,.2; C, Name of Contractor(print): ' 7 41AJ �6L Signature of Contractor / l/ /� Montana Contractor Registration Number: MT-. A Y14.� If an individual: doing business as: If a Partnership: by partner If a Corporation: CC J;C4 (a) by [� Title , Section 003 QUOTE FORM Page 3 of 4 Business Address of Contractor: '/3 -7 If Contractor is a joint venture, other party must sign below: Montana License Number and Class: If an Individual: doing business as: If a Partnership: By: Partner If a Corporation: (a) Corporation by Title: Section 003 QUOTEFORM Page 4 of 4 NON-DISCRIMINATION AFFIRMATION FORM Church Street Stormwater Improvements ! �;e { ( Exrr, [name of entity submitting]hereby affirms it will not discriminate on the basis of race,color, religion,creed,sex,age, marital status,national origin,or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the Cr I Gxca' [name of entity submitting]employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Signature of Bidder: son authorized to sign on behal- f the bidder Section 004 NON-DISCRIMINATION AFFIRMATION FORM Page 1 of 1 NOTICE OF AWARD Church Street Stormwater Improvements Dated: June 27, 2019 To: Central Excavation, Inc. Address: 437 Floss Flats Rd. Belgrade, MT 59714 Project: Church Street Stormwater Improvements You are notified that the City of Bozeman (Owner) has considered your quote opened on June 21, 2019, for the above Contract and has determined that you are the apparent successful bidder. As such, the Owner is awarding you the Contract for the Church Street Stormwater Improvements. The price of your Contract is Seventy One Thousand Two Hundred and Fifty Dollars ($71,250.00). Three (3) copies the proposed Contract Documents accompany this Notice of Award. Upon receipt, please review and deliver the following to the Owner: 1. Three (3) fully executed counterparts of the Agreement Form, including all Contract Documents and Drawings. 2. Payment Bond and Performance Bond as specified in the Instructions for Bidders and General Conditions. 3. Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC- 5.04 and SC-5.06). The Owner will return you one fully signed counterpart of the Agreement with the Contract Documents attached. The Owner will provide additional copies upon request. By: Kyle Mehrens Title: Stormwater Program Coordinator Date: June 27, 2019 Signature: dz'/GV/s Section 006 NOTICE OF AWARD Page 1 of 1 AGREEMENT FORM Church Street Stormwater Improvements THIS AGREEMENT is dated as of the day of in the year 2019, by and between CITY OF BOZEMAN, hereinafter called OWNER, and Central Excavation, 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 Documents. The project Work is generally described as follows: Installation of a stormwater treatment unit near the intersection of East Main Street and South Church Avenue, including supplying and installing the treatment unit, site restoration,traffic control, and all other items incidental to construction. Article 2. CONTRACTTIME. 2.1 The Work will be completed within 25 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five-hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum of (subject to adjustment as provided in the Contract Documents) Seventy One Thousand Two Hundred and Fifty Dollars ($71,250.00). Section 006 AGREEMENT FORM Page 1 of 12 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and 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. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as they deem 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. 6.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Section 006 AGREEMENT FORM Page 2 of 12 6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that they have discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.5 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of Work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement 7.2 Certificates of Insurance and Performance and Payment Bonds 7.3 Supplementary Conditions of the General Conditions 7.4 Special Provisions 7.5 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further amended by the City of Bozeman Modifications to MPWSS (by reference) 7.6 Notice to Proceed 7.7 Plans and Specifications There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. GENERAL REQUIREMENTS. 8.1 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. Section 006 AGREEMENT FORM Page 3 of 12 8.2 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 structures, 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, or extra cost to the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. 8.3 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. 8.4 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. 8.5 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. Section 006 AGREEMENT FORM Page 4 of 12 8.6 CONTRACTOR shall coordinate plant selection, installation and soil amendments with the OWNER'S Landscape Designer and in accordance with the Bozeman City Hall Landscape Planting Plan. 8.7 CONTRACTOR shall install and maintain proper barriers for the protection of all existing trees on site. Article 9. Warranty and Guarantee. 9.1 If, within two years after acceptance of the work by the OWNER, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice form the OWNER,the CONTRACTOR shall correct any work beginning within seven (7) calendar days of said written notice. Should the CONTRACTOR fail to respond to the written notice within the designated time, the OWNER may correct the work at the expense of the CONTRACTOR. 9.2 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). 9.3 CONTRACTOR is exempt from warranty should damage to the installed plant materials occur due to vandalism, City employees or rodents within the two year warranty period after acceptance of work by the OWNER. Article 10. Traffic Control 10.1 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. 10.2 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. 10.3 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 Section 006 AGREEMENT FORM Page 5 of 12 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 thereover. Work performed within property under the OWNER'S jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. Article 11 STATE LAWS AND REGULATIONS. 11.1 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. 11.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder's Certificate of the CONTRACTOR'S registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractors registration requirements may be obtained.from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) 11.1.2 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 (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. 11.1.3 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 Section 006 AGREEMENT FORM Page 6 of 12 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. 11.1.4 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. 11.1.5 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 12. 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 (100%) of the Agreement amount. Article 13. INSURANCE. Without limiting any of the other obligations or liabilities of the CONTRACTOR, CONTRACTOR shall secure 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 canceled 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: Section 006 AGREEMENT FORM Page 7 of 12 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 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 Operations 6. Broad Form Property Damage 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 Section 006 AGREEMENT FORM Page 8 of 12 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 5.04.13. 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 policies. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following amounts: 6.1 Each Occurrence $ 1,000,000.00 6.2 Aggregate $ 3,000,000.00 Article 14. MISCELLANEOUS. 14.1 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. 14.2 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. 14.3 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. 14.4 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. Section 006 AGREEMENT FORM Page 9 of 12 14.5 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. 14.6 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 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. 14.7 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. Article 15. 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 at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. Article 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL. CONTRACTOR is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the CONTRACTOR, evidence of property owner's written permission shall be obtained and provided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws and regulations pertaining to erosion control, fill in wetlands, and floodplains. The CONTRACTOR shall dispose of all refuse and discarded material in an approved location. CONTRACTOR shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the CONTRACTOR shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The CONTRACTOR shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Environmental Quality, City of Bozeman and other local, State, or Federal regulations relating to the prevention or abatement of water pollution and siltation. Section 006 AGREEMENT FORM Page 10 of 12 CONTRACTORS specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The CONTRACTOR shall be responsible for obtaining any required discharge permits associated with erosion control and groundwater dewatering operations. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of any detention or discharge areas. ** End of Agreement Form Except for Signatures** Section 006 AGREEMENT FORM Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement Form the day and year first above written. CENTRAL EXCAVATION, INC. (CONTRACTOR) By: Title: �e Signature: (JOINT VENTURE) By: Title: Signature: CITY OF BOZEMAN (OWNER) By: Andrea Surratt Title: City Manager 39— Signature: Seal: Attest: APPROVED AS TO FORM: 09 •. �8B3 �•�`�� , By: Kw-e�M ugh COY ' UWjk iun'n TIN CO•r Title: it A or e Signature• Section 006 AGREEMENT FORM Page 12 of 12 MONTCON-09 JMCMILLAN ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)7/1 012 0 1 9 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 NAME: Billings Office PHONE 406 238-1900 FAX Paynewest Insurance,Inc. (A(C,No,Ext):( ) (A/C,No):(406)245-9887 P.O.Box 30638 ADDRESS: Billings,MT 59107-0638 INSURER S AFFORDING COVERAGE NAIC# INSURER A:SafetyNational Casualty Corporation 15105 INSURED INSURER B: Central Plumbing&Heating,Inc.ABN Central Excavation INSURERC: A Member of the MCCF 3701 River Drive North INSURER D: Great Falls,MT 59405 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS L IN SD WV MM DD MM DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence) $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT ❑ LOC PRODUCTS-COMP/OPAGG OTHER: AUTOMOBILE LIABILITY Ee acccid.DISINGLE LIMIT $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per. Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LtAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECU I IVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Workers Compensation SP4059683 1/1/2019 1/1/2020 Coverage A Statutory DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Subject to the terms and conditions of the policy as Issued by the Insurance Company.SIR for Work Comp$1,000,000 per occurrence.Covers Montana State Resident Employees.All claims are administered by the Montana Contractor Compensation Fund(MCCF). CPH Job#:19-5012;Church Street Stormwater Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MWDD/YYYY) ACoR" CERTIFICATE OF LIABILITY INSURANCE 7/16/2019 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 NpMEA'Cynthia A.Byers,CISR,CRIS PayneWest Insurance, Inc. PHONE FAX 405 3rd Street NW, 3rd Floor A/c No Ex :406-268-2002 A/c No):406-452-1172 Great Falls MT 59404 ADMDRRess: cbyers@paynewest.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:The Cincinnati Casualty Company 28665 INSURED CENTPLU-04 INSURER B: Central Plumbing&Heating, Inc. Central Excavation INSURERC: 3701 River Drive North INSURER D: Great Falls MT 59405 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:807073416 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 ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MN DD/YYYY MWDD LICY EFF POLICY EXP LTR /YYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y ENP0457954 10/1/2018 10/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RED CLAIMS-MADE � OCCUR PREMISES Ea occur ence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY JEC LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y ENP0457954 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPE $ AUTOS ONLY AUTOS ONLY Per accidentRTYDAMAGE A X UMBRELLA LIAB X OCCUR ENP0457954 10/1/2018 10/1/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION ENP0457954 10/1/2018 10/1/2019PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER Stop Ga /Em Lia ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/M EMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: CPH job#19-5012,Church Street Stormwater Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bozeman PO Box 1230 AUTHORIZED REPRESENTATIVE Bozeman MT 59771 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART-CLAIMS-MADE SCHEDULE Name and mailing address of person(s)or organization(s): CITY OF BOZEMAN PO BOX 1230 BOZEMAN, MT 59771-1230 Number of days notice (other than nonpayment of premium): 45 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium,we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration,termination or cancellation of the policy. IA 4087 0811 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA CONTRACTORS ' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage..................................................................................................2 2. Unintentional Failure to Disclose Hazards..........................................................................................8 3. Damage to Premises Rented to You...................................................................................................8 4. Supplementary Payments ...................................................................................................................9 5. Medical Payments.............................................................................................................................. 10 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.)....................................................................................................... 10 7. 180 Day Coverage for Newly Formed or Acquired Organizations.................................................. 10 8. Waiver of Subrogation ....................................................................................................................... 10 9. Automatic Additional Insured-Specified Relationships: ................................................................. 11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property......................................... 16 11. Property Damage to Borrowed Equipment....................................................................................... 16 12. Employees as Insureds-Specified Health Care Services: ............................................................. 16 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 16 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 1 of 16 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 2) Our right and duty to ends when we 1. Employee Benefit Liability Coverage haven used up the ap- a. The following is added to SECTION I plicable limit of insur- - COVERAGES: Employee Benefit ance in the payment of Liability Coverage. judgments or settle- ments. (1) Insuring Agreement No other obligation or liabil- (a) We will pay those sums that ity to pay sums or perform the insured becomes legally acts or services is covered obligated to pay as dam- unless explicitly provided for ages caused by any act, er- under Supplementary Pay- ror or omission of the in- ments. sured, or of any other per- son for whose acts the in- (b) This insurance applies to sured is legally liable, to damages only if the act, er- which this insurance ap- ror or omission, is negli- plies. We will have the right gently committed in the and duty to defend the in- "administration" of your sured against any "suit" employee benefit pro- seeking those damages. gram"; and However, we will have no 1) Occurs during the pol- duty to defend against any icy period; or suit seeking damages to which this insurance does 2) Occurred prior to the not apply. We may, at our effective date of this discretion, investigate any endorsement provided: report of an act, error or omission and settle any a) You did not have "suit" knowledge of a claim or suit that may re- sult. But: claim or "suit" on or before the ef- 1) The amount we will pay fective date of this for damages is limited endorsement. as described in SEC- TION III - LIMITS OF You will be INSURANCE; and deemed to have Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 2 of 16 knowledge of a Any claim based upon: claim or "suit" 1) Failure of any invest- when a 'authorized repre ment to perform; sentative"; 2) Errors in providing in- i) Reports all, or formation on past per- any part, of the formance of investment act, error or vehicles; or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision ii) Receives a to participate or not to written or ver- participate in any plan bal demand or included in the "em- claim for dam- ployee benefit pro- ages because gram". of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and b There is no other Any claim arising out of your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, (2) Exclusions unemployment compensa- tion insurance, social secu- This insurance does not apply rity or disability benefits law to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Advertising Injury Damages for which any in- sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or "personal and ary by the Employee Re- advertising injury". tirement Income Security b Dishonest, Fraudulent, Act of 1974, as now or ( ) hereafter amended, or by Criminal or Malicious Act any similar federal, state or Damages arising out of any local laws. intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits including the willful or reck- are available, with reason- less violation of any statute. able effort and cooperation c Failure to Perform aCon- of the insured, from the ap- ( ) plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes,Fines or Penalties ure of performance of con- tract by any insurer. Taxes, fines or penalties, d Insufficiency of Funds including those imposed ( ) Y under the Internal Revenue Damages arising out of an Code or any similar state or insufficiency of funds to local law. meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- gram". Any liability arising out of (e) Inadequacy of Perform- any: ance of Investment / Ad- (1) Refusal to employ; vice Given With Respect to Participation Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 3 of 16 (2) Termination of em- or limited liability company, ployment; you are an insured. Your "executive officers" and di- (3) Coercion, demotion, rectors are insureds, but evaluation, reassign- only with respect to their ment, discipline, defa- duties as your officers or di- mation, harassment, rectors. Your stockholders humiliation, discrimina- are also insureds, but only tion or other employ- with respect to their liability ment-related practices, as stockholders. acts or omissions; or (e) A trust, you are an insured. (4) Consequential liability Your trustees are also in- as a result of (1), (2) or sureds, but only with re- (3) above. spect to their duties as This exclusion applies trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must administer your "employee pay damages because of benefit program". the injury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having SECTION 1 - COVERAGES, proper temporary authori- SUPPLEMENTARY PAY- zation to administer your MENTS - COVERAGES A AND employee benefit program" if you die, but only until your B also apply to this Coverage. legal representative is ap- b. Who is an Insured pointed. As respects Employee Benefit Liabil- (c) Your legal representative if ity Coverage, SECTION II - WHO IS you die, but only with re- AN INSURED is deleted in its en- spect to duties as such. tirety and replaced by the following: That representative will have all your rights and du- (1) If you are designated in the ties under this Coverage Declarations as: Part. (a) An individual, you and your (3) Any organization you newly ac- spouse are insureds, but quire or form, other than a part- only with respect to the nership, joint venture or limited conduct of a business of liability company, and over which you are the sole which you maintain ownership owner. or majority interest, will qualify as a Named Insured if no other (b) A partnership or joint ven- similar insurance applies to that ture, you are an insured. organization. However, cover- Your members, your part- age under this provision: ners, and their spouses are also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or the end of the policy period, (c) A limited liability company, whichever is earlier; and you are an insured. Your members are also insureds, (b) Does not apply to any act, but only with respect to the error or omission that was conduct of your business. committed before you ac- Your managers are in- quired or formed the or- sureds, but only with re- ganization. spect to their duties as your c. Limits of Insurance managers. (d) An organization other than As respects Employee Benefit Liabil- a partnership, joint venture ity Coverage, SECTION III - LIMITS Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 4 of 16 OF INSURANCE is deleted in its en- (4) Deductible Amount tirety and replaced by the following: (a) Our obligation to pay dam- (1) The Limits of Insurance shown ages on behalf of the in- in Section B. Limits of Insur- sured applies only to the ance, 1. Employee Benefit Li- amount of damages in ex- ability Coverage and the rules cess of the deductible below fix the most we will pay amount stated in the Decla- regardless of the number of: rations as applicable to Each Employee. The limits (a) Insureds; of insurance shall not be (b) Claims made or "suits" reduced by the amount of brought; this deductible. (c) Persons or organizations (b) The deductible amount making claims or bringing stated in the Declarations "suits"; appl damages sustained ies t l ainedby any one "em- (d) Acts, errors or omissions; or ployee", including such e Benefits included in our "employee's" dependents ( ) Y and beneficiaries, because "employee benefit pro- of all acts, errors or omis- gram". sions to which this insur- (2) The Aggregate Limit shown in ance applies. Section B. Limits of Insurance, (c) The terms of this insurance, 1. Employee Benefit Liability including those with respect Coverage of this endorsement to: is the most we will pay for all damages because of acts, er- 1) Our right and duty to rors or omissions negligently defend the insured committed in the "administra- against any "suits" tion" of your "employee benefit seeking those dam- program". ages; and (3) Subject to the limit described in 2) Your duties, and the (2) above, the Each Employee duties of any other in- Limit shown in Section B. Limits volved insured, in the of Insurance, 1. Employee event of an act, error or Benefit Liability Coverage of omission, or claim, this endorsement is the most we will pay for all damages sus- apply irrespective of the tained by any one "employee", application of the deductible including damages sustained by amount. such "employee's" dependents (d) We may pay any part or all and beneficiaries, as a result of: of the deductible amount to (a) An act, error or omission; or effect settlement of any claim or suit and, upon (b) A series of related acts, er- notification of the action rors or omissions, regard- taken, you shall promptly less of the amount of time reimburse us for such part that lapses between such of the deductible amount as acts, errors or omissions, we have paid. negligently committed in the d. Additional Conditions "administration" of your "em- ployee benefit program". As respects Employee Benefit Li- ability Coverage, SECTION IV - However, the amount paid un- COMMERCIAL GENERAL LIABIL- der this endorsement shall not ITY CONDITIONS is amended as exceed, and will be subject to follows: the limits and restrictions that apply to the payment of benefits (1) Item 2. Duties in the Event of in any plan included in the "em- Occurrence, Offense, Claim or ployee benefit program". Suit is deleted in its entirety and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 5 of 16 2. Duties in the Event of an any right against Act, Error or Omission, or any person or or- Claim or Suit ganization which a. You must see to it that may liable to the innss liable be- we are notified as soon cause of an act, as practicable of an error or omission act, error or omission to which this in- which may result in a surance may also claim. To the extent apply. possible, notice should include: d. No insured will, except at that insured's own (1) What the act, error cost, voluntarily make a or omission was payment, assume any and when it oc- obligation, or incur any curred; and expense without our (2) The names and consent. addresses of any- (2) Item 5. Other Insurance is de- one who may leted in its entirety and replaced suffer damages as by the following: a result of the act, error or omission. 5. Other Insurance b. If a claim is made or If other valid and collectible "suit" is brought against insurance is available to the any insured, you must: insured for a loss we cover under this Coverage Part, (1) Immediately rec- our obligations are limited ord the specifics of as follows: the claim or "suit" and the date re- a. Primary Insurance ceived; and This insurance is pri- (2) Notify us as soon mary except when c. as practicable. below applies. If this in- surance is primary, our You must see to it that we receive written no- obligations are not af- fected unless any of tice of the claim or the other insurance is "suit" as soon as prac- also primary. Then, we ticable. will share with all that c. You and any other in- other insurance by the volved insured must: method described in b. below. (1) Immediately send us copies of any b. Method of Sharing demands, notices, If all of the other insur- summonses or le- ance permits contribu- gal papers re- tion by equal shares, ceived in connec- we will follow this tion with the claim method also. Under or "suit"; this approach each in- (2) Authorize us to surer contributes equal obtain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or de- If any of the other in- fense against the surance does not per- "suit"; and mit contribution by equal shares, we will (4) Assist us, upon contribute by limits. our request, in the Under this method, enforcement of each insurer's share is Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 6 of 16 based on the ratio of its 2. "Cafeteria plans" means applicable limit of in- plan authorized by applica- surance to the total ap- ble law to allow "employ- plicable limits of insur- ees to elect to pay for cer- ance of all insurers. tain benefits with pre-tax dollars. c. No Coverage 3. "Employee benefit pro- This insurance shall not for grams" means a program cover any loss providing some or all of the which the insured is following benefits to "em- entitled to recovery un- ployees", whether provided der any other insur- through a "cafeteria plan" or ance in force previous otherwise: to the effective date of this Coverage Part. a. Group life insurance; e. Additional Definitions group accident or health insurance; den- As respects Employee Benefit Li- tal, vision and hearing ability Coverage, SECTION V - plans; and flexible DEFINITIONS is amended as fol- spending accounts; provided that no one lows: other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and such benefits are made 1. "Administration" means: generally available to a. Providing information to those "employees" who "employees", including satisfy the plans eligi- their dependents and bility requirements; beneficiaries, with re- b. Profit sharing plans, spect to eligibility for or employee savings scope of "employee plans, employee stock benefit programs"; ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, provided that no one grams"; other than an "em- c. Handling records in ployee" may subscribe connection with the to such benefits and "employee benefit pro- such benefits are made grams"; or generally available to all "employees" who d. Effecting, continuing or are eligible under the terminating any "em- plan for such benefits; ployees participation in any benefit included c. Unemployment insur- in the "employee bene- ance, social security fit program". benefits, workers' com- pensation and disability However, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handling payroll de- ing buy and sell pro- ductions; or grams; leave of ab- b. The failure to effect or sence programs, in- maintain any insurance cluding military, mater- or adequate limits of nity, family, and civil coverage of insurance, leave; tuition assis- including but not limited tance plans; transpor- to unemployment in- tation and health club surance, social security subsidies. benefits, workers' com- (2) The following definitions are pensation and disability deleted in their entirety and re- benefits. placed by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 7 of 16 21. "Suit" means a civil pro- A. BODILY INJURY AND PROP- ceeding in which money ERTY DAMAGE LIABILITY applies damages because of an to "property damage" arising out of act, error or omission to water damage to premises that are which this insurance applies both rented to and occupied by you. are alleged. "Suit" includes: (1) As respects Water Damage Le- a. An arbitration pro- gal Liability, as provided in ceeding in which such Paragraph 3.b. above: damages are claimed and to which the in- The exclusions under SECTION sured must submit or I - COVERAGES, COVERAGE does submit with our A. BODILY INJURY AND consent; PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions, other than i. b. Any other alternative War and the Nuclear Energy dispute resolution pro- Liability Exclusion, are deleted ceeding in which such and the following are added: damages are claimed and to which the in- This insurance does not apply sured submits with our to: consent; or (a) "Property damage": c. An appeal of a civil 1) Assumed in any con- proceeding. tract; or 8. "Employee" means a per- 2) Loss caused by or re- son actively employed, for- sulting from any of the merly employed, on leave following: of absence or disabled, or retired. "Employee" includes a) Wear and tear; a "leased worker". "Em- ployee" does not include a b) Rust, corrosion, "temporary worker". fungus, decay, deterioration, hid- 2. Unintentional Failure to Disclose Haz- den or latent Be- ards fect or any quality in SECTION IV- COMMERCIAL GENERAL property that causes it to dam- LIABILITY CONDITIONS, 7. Represen- age or destroy it- tations is hereby amended by the addi- self; tion of the following: Based on our dependence upon your c) Smog; representations as to existing hazards, if d) Mechanical unintentionally you should fail to disclose breakdown in- all such hazards at the inception date of cluding rupture or your policy, we will not reject coverage bursting caused under this Coverage Part based solely on by centrifugal such failure. force; 3. Damage to Premises Rented to You e) Settling, cracking, of Paragraph shrinking or ex- a. The last Subparagraph 9 P pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c.through do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 8 of 16 1) Earthquake, volcanic 6. Subject to 5. above, the eruption, landslide or Damage to Premises any other earth move- Rented to You Limit is the ment; most we will pay under COVERAGE A. BODILY 2) Water that backs up or INJURY AND PROPERTY overflows from a DAMAGE LIABILITY, for sewer, drain or sump; damages because of 3) Water under the "property damage" to ground surface press- premises while rented to ing on, or flowing or you or temporarily occupied seeping through: by you with permission of the owner, arising out of a) Foundations, any one 'occurrence" to walls, floors or which this insurance ap- paved surfaces; plies. b) Basements, (3) The amount we will pay is lim- whether paved or ited as described in Section B. not; or Limits of Insurance, 3. Dam- age to Premises Rented to c) Doors, windows or You of this endorsement. other openings. (c) Loss caused by or resulting 4. Supplementary Payments from water that leaks or Under SECTION I - COVERAGE, SUP- flows from plumbing, heat- PLEMENTARY PAYMENTS - COVER- ing, air conditioning, or fire AGES A AND B: protection systems caused by or resulting from freez- a. Paragraph 2. is replaced by the fol- ing, unless: lowing: 1) You did your best to Up to the limit shown in Section B. maintain heat in the Limits of Insurance, 4.a. Bail Bonds building or structure; or of this endorsement for cost of bail bonds required because of accidents 2) You drained the or traffic law violations arising out of equipment and shut off the use of any vehicle to which the the water supply if the Bodily Injury Liability Coverage ap- heat was not main- plies. We do not have to furnish tained. these bonds. (d) Loss to or damage to: b. Paragraph 4. is replaced by the fol- 1) Plumbing, heating, air lowing: conditioning, fire pro- All reasonable expenses incurred by tection systems, or the insured at our request to assist other equipment or ap- us in the investigation or defense of pliances; or the claim or "suit", including actual loss of earnings up to the limit shown 2) The interior of any in Section B. Limits of Insurance, building or structure, or 4.b. Loss of Earnings of this en- to personal property in dorsement per day because of time the building or structure off from work. caused by or resulting from rain, snow, sleet 5. Medical Payments or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is c. Limit of Insurance amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 9 of 16 6. Voluntary Property Damage and Care, stated in Section B. Limits of Custody or Control Liability Coverage Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- a. Voluntary Property Damage Cov- tody or Control Liability Cov- erage erage of this endorsement. The We will pay for "property damage" to limits of insurance will not be re- property of others arising out of op- duced by the application of such erations incidental to the insured's deductible amount. business when: (2) Condition 2.Duties in the Event (1) Damage is caused by the in- of Occurrence, Offense, Claim sured; or or Suit, applies to each claim or suit irrespective of the amount. (2) Damage occurs while in the in- sured's possession. (3) We may pay any part or all of the deductible amount to effect With your consent, we will make settlement of any claim or "suit" these payments regardless of fault. and, upon notification of the ac- tionb. Care, Custodyor Control Liability taken, you shall promptly Y reimburse us for such part of the Coverage deductible amount as has been SECTION I - COVERAGES, COW paid by us. ERAGE A. BODILY INJURY AND 7. 180 Day Coverage for Newly Formed or PROPERTY DAMAGE LIABILITY, 2. Acquired Organizations Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do SECTION II - WHO IS AN INSURED is not apply to "property damage" to amended as follows: the property of others described therein. Subparagraph a. of Paragraph 4. is hereby deleted-and replaced by the fol- With respect to the insurance provided by lowing: this section of the endorsement, the fol- lowing additional provisions apply: a. Insurance under this provision is af- forded only until the 180th day after a. The Limits of Insurance shown in the you acquire or form the organization Declarations are replaced by the lim- or the end of the policy period, its designated in Section B. Limits of whichever is earlier; Insurance, 6. Voluntary Property Damage and Care, Custody or 8. Waiver of Subrogation Control Liability Coverage of this SECTION IV- COMMERCIAL GENERAL endorsement with respect to cover- LIABILITY CONDITIONS, 9. Transfer of age provided by this endorsement. Rights of Recovery Against Others to These limits are inclusive of and not Us is hereby amended by the addition of in addition to the limits being re- the following: placed. The Limits of Insurance shown in Section B. Limits of Insur- We waive any right of recovery we may ance, 6. Voluntary Property Dam- have because of payments we make for age and Care, Custody or Control injury or damage arising out of your on- Liability Coverage of this endorse- going operations or "your work" done un- ment fix the most we will pay in any der a written contract requiring such one "occurrence" regardless of the waiver with that person or organization number of: and included in the "products-completed operations hazard". However, our rights (1) Insureds; may only be waived prior to the "occur- (2) Claims made or "suits" brought; for which giving erlse to makethe payme t undeury or r or Coverage Part. The insured must do (3) Persons or organizations mak- nothing after a loss to impair our rights. At ing claims or bringing "suits". our request,the insured will bring "suit" or transfer those rights to us and help us b. Deductible Clause enforce those rights. (1) Our obligation to pay damages 9. Automatic Additional Insured - Speci- on your behalf applies only to fied Relationships the amount of damages for each "occurrence" which are in ex- a. The following is hereby added to cess of the deductible amount SECTION II-WHO IS AN INSURED: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 10 of 16 (1) Any person or organization de- demolition operations scribed in Paragraph 9.a.(2) performed by or on be- below (hereinafter referred to as half of such additional additional insured) whom you insured. are required to add as an addi- tional insured under this Cover- (b) Any person or organization age Part by reason of: from which you lease equipment with whom you (a) A written contract or have agreed per Paragraph agreement; or 9.a.(1) above to provide in- reement or con- surance. Such person(s) or (b) An oral agreement organization(s) are in- tract where a certificate of sureds, but only to the ex- insurance showing that per- tent that the liability for son or organization as an "bodily injury", "property additional insured has been damage" or "personal and issued, advertising injury" is caused is an insured, provided: by your negligence, acts or omissions in the mainte- (a) The written or oral contract nance, operation or use of or agreement is: equipment leased to you by such person(s) or organiza- 1) Currently in effect or tions(s). However, this in- becomes effective surance does not apply to during the policy pe- any "occurrence" which riod; and takes place after the 2) Executed prior to an equipment lease expires. "occurrence" or offense (c) Any person or organization to which this insurance (referred to below as ven- would apply; and dor) with whom you have (b) They are not specifically agreed per Paragraph named as an additional in- 9.a.(1) above to provide in- sured under any other pro- surance, but only with re- spect to bodily injury or added to, this Coverage "property damage" arising Part. out of your products which are distributed or sold in the (2) Only the following persons or regular course of the ven- organizations are additional in- dor's business, subject to sureds under this endorsement, the following additional ex- and insurance coverage pro- clusions: vided to such additional in- 1) The insurance afforded sureds is limited as provided herein: the vendor does not apply to: (a) The manager or lessor of a premises leased to you with a) "Bodily injury or whom you have agreed per "property damage" for which the ven- Paragraph 9.a.(1) above to provide insurance, but only dor is obligated to by with respect to liability aris- pay damages s- ing out of the ownership, reason of the as- maintenance or use of that ity in c nt lct or part of a premises leased to a e a contract s you, subject to the following agreement. This additional exclusions: exclusion does not apply to liability for This insurance does not damages that the apply to: vendor would have in the ab- 1) Any "occurrence" sence of the con- which takes place after tract or agree- you cease to be a ten- ment; ant in that premises. 2) Structural alterations, new construction or Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 11 of 16 b) Any express war- employees or ranty unauthorized anyone else act- by you; ing on its behalf. c) Any physical or 2) This insurance does chemical change not apply to any in- in the product sured person or or- made intentionally ganization: by the vendor; a) From whom you d) Repackaging, ex- have acquired cept when un- such products, or packed solely for any ingredient, the purpose of in- part or container, spection, demon- entering into, ac- stration, testing, or companying or the substitution of containing such parts under in- products; or structions from the manufacturer, and b) When liability in- then repackaged cluded within the in the original products- container; completed opera- tions hazard has e) Any failure to been excluded make such in- under this Cover- spections, adjust- age Part with re- ments, tests or spect to such servicing as the products. vendor has agreed to make or (d) Any state or political subdi- normally under- vision with which you have takes to make in agreed per Paragraph the usual course 9.a.(1) above to provide in- of business, in surance, subject to the fol- connection with lowing additional provision: the distribution or This insurance applies only sale of the prod- with respect to the following ucts; hazards for which the state f) Demonstration, in- or political subdivision has stallation, servic- issued a permit in connec- ing or repair op- tion with premises you own, erations, except rent or control and to which such operations this insurance applies: performed at the 1) The existence, mainte- vendor's premises nance, repair, con- in connection with struction, erection, or the sale of the removal of advertising product; signs, awnings, cano- g) Products which, pies, cellar entrances, after distribution or coal holes, driveways, sale by you, have manholes, marquees, been labeled or hoist away openings, relabeled or used sidewalk vaults, street as a container, banners, or decora- part or ingredient tions and similar expo- of any other thing sures; or or substance by or 2) The construction, erec- for the vendor; or tion, or removal of ele- h) "Bodily injury" or vators; or "property damage" 3) The ownership, main- arising out of the tenance, or use of any negligence, acts elevators covered by or omissions of this insurance. the vendor, its Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 12 of 16 (e) Any state or political subdi- formed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an in- surance, subject to the fol- sured under this provision lowing provisions: of this endorsement contin- ues This insurance applies ues for only the period of pp time required by the written only with respect to op- contract or agreement, but erations performed by in no event beyond the ex- you or on your behalf piration date of this Cover- for which the state or age Part. If there is no writ- political subdivision has ten contract or agreement, issued a permit. or if no period of time is re- 2) This insurance does quired by the written con- not apply to "bodily in- tract or agreement, a per- jury", "property dam- son or organizations status age" or "personal and as an insured under this advertising injury" aris- endorsement ends when ing out of operations your operations for that in- performed for the state sured are completed. or political subdivision. (3) Any insurance provided to an (f) For "your work" performed additional insured designated in Montana, any person or under Paragraph 9.a.(2): organization with which you (a) Subparagraphs (e), (f) and have agreed per Paragraph (g) do not apply to "bodily 9.a.(1) above to provide in- injury" or "property damage" surance, but only to the included within the "prod- extent that the liability is ucts-completed operations caused by "your work" per- hazard"; formed for that additional insured and only to the ex- (b) Subparagraphs (a), (d), (e) tent that such liability is and (g) do not apply to caused by your acts or "bodily injury", "property omissions or the acts or damage" or "personal and omissions of those acting advertising injury" arising on your behalf. A person or out of the sole negligence organization's status as an or willful misconduct of the insured under this provision additional insured or its of this endorsement contin- "employees"; or ues for only the period of time required by the written (c) Subparagraph (f) and (g) contract or agreement, but do not apply to "bodily in- in no event beyond the ex- jury", "property damage" or piration date of this Cover- personal and advertising age Part. If there is no writ- injury" arising out of: ten contract or agreement, 1) The rendering of, or or if no period of time is re- failure to render, any quired by the written con- professional services tract or agreement, a per- by you or on your be- son or organization's status half, but only with ye- as an insured under this spect to either or both endorsement ends when of the following opera- your operations for that in- tions: sured are completed. "work" our For performed a) Providing engi- (g) Y P neering, architec- in the "coverage territory" tural or surveying but not in Montana, any services to others; person or organization with and which you have agreed per Paragraph 9.a.(1) above to b) Providing, or hiring provide insurance, but only independent pro- with respect to liability aris- fessionals to pro- ing out of "your work" per- vide, engineering, Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 13 of 16 architectural or this Coverage Part. The limits of in- surveying services surance are inclusive of and not in in connection with addition to the limits of insurance construction work shown in the Declarations. you perform. c. SECTION IV - COMMERCIAL GEN- 2) Subject to Paragraph ERAL LIABILITY CONDITIONS is 3) below, professional hereby amended as follows: services include: (1) Condition 5. Other Insurance is a) Preparing, ap- amended to include: proving, or failing to prepare or ap- (a) Where required by a written prove, maps, shop contract or agreement, this drawings, opin- insurance is primary and / ions, reports, sur- or noncontributory as re- veys, field orders, spects any other insurance change orders, or policy issued to the addi- drawings and tional insured, and such specifications; and other insurance policy shall be excess and/or noncon- b) Supervisory or in- tributing, whichever applies, spection activities with this insurance. performed as part of any related ar- (b) Any insurance provided by chitectural or en- this endorsement shall be gineering activi- primary to other insurance ties. available to the additional insured except: 3) Professional services do not include services 1) As otherwise provided within construction in SECTION IV - means, methods, tech- COMMERCIAL GEN- niques, sequences and ERAL LIABILITY procedures employed CONDITIONS, 5. Other by you in connection Insurance, b. Excess with construction work Insurance; or you perform. 2) For any other valid and (d) Subparagraphs (f) and (g) collectible insurance do not apply to "bodily in- available to the addi- jury" or "property damage" tional insured as an arising out of"your work" for additional insured by which a consolidated (wrap- attachment of an en- up) insurance program has dorsement to another been provided by the prime insurance policy that is contractor / project man- written on an excess ager or owner of the con- basis. In such case, the struction project in which coverage provided un- you are involved. der this endorsement shall also be excess. b. Only with regard to insurance pro- vided to an additional insured desig- (2) Condition 11. Conformance to nated under Paragraph 9.a.(2) Sub- Specific Written Contract or paragraphs (f) and (g) above, SEC- Agreement is hereby added: TION III -LIMITS OF INSURANCE is 11. Conformance to Specific amended to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the a. With respect to addi- written contract or agreement or in tional insureds de- the Declarations of this Coverage scribed in Paragraph Part, whichever are less. If no limits 9.a.(2)(f)above only: are specified in the written contract or agreement, or if there is no written If a written contract or contract or agreement, the limits ap- agreement between plicable to the additional insured are you and the additional those specified in the Declarations of insured specifies that Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 14 of 16 coverage for the addi- and where the limits or tional insured: coverage provided to the additional insured is (1) Be provided by the more restrictive than Insurance Serv- was specifically re- ices Office addi- quired in that written tional insured form contract or agreement, number CG 32 87, the terms of Para- CG 21 78 or CG graphs 9.a.(3)(a), 32 90; or 9.a.(3)(b) or 9.b. (2) Include coverage above, or any combi- for completed op- nation thereof, shall be erations; or interpreted as providing the limits or coverage (3) Include coverage required by the terms for"your work"; of the written contract and where the limits or or agreement, but only a provided to to the extent that such coverage p limits or coverage is in- the additional insured is cluded within the terms more restrictive than of the Coverage Part to was specifically re- which this endorse- quired in that written ment is attached. If, contract or agreement, however, the written the terms of Para- contract or agreement graphs 9.a.(3)(a) or specifies the Insurance 9.b. above, or any Services Office addi- combination thereof, tional insured form shall be interpreted as number CG 20 10 but providing the limits or does not specify which coverage required by edition, or specifies an the terms of the written edition that does not contract or agreement, exist, Paragraphs but only to the extent 9.a.3.b. and 9.b. of this that such limits or cov- endorsement shall not erage is included within apply and Paragraph the terms of the Cover- 9.a.(3)(a) of this en- age Part to which this dorsement shall apply. endorsement is at- tached. 10. Broadened Contractual Liability -Work b. With respect to addi- Within 50'of Railroad Property tional insureds de- It is hereby agreed that Paragraph f.(1) of scribed in Paragraph Definition 12. "Insured contract" (SEC- 9.a.(2)(g)above only: TION V-DEFINITIONS) is deleted. If a written contract or 11. Property Damage to Borrowed Equip- agreement between ment you and the additional that a. The following is hereby added to Ex- insured specifies that coverage for the a clusion j. Damage to Property of SEC- tional insured: Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE a. Be provided by the A. BODILY INJURY AND PROP- Insurance Serv- ERTY DAMAGE LIABILITY: ices Office addi- tional insured form Paragraphs (3) and (4) of this exclu- number CG 20 10 sion do not apply to tools or equip- or CG 20 37 ment loaned to you, provided they (where edition are not being used to perform opera- specified); or tions at the time of loss. b. Include coverage b. With respect to the insurance pro- for completed op- vided by this section of the en- erations; or dorsement, the following additional provisions apply: c. Include coverage for "your work"; Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 15 of 16 (1) The Limits of insurance shown reimburse us for such part in the Declarations are replaced of the deductible amount as by the limits designated in Sec- has been paid by us. tion B. Limits of Insurance, 11. of this endorsement with respect 12. Employees as Insureds - Specified to coverage provided by this Health Care Services endorsement. These limits are It is hereby agreed that Paragraph inclusive of and not in addition to 2.a.(1)(d) of SECTION II - WHO IS AN the limits being replaced. The INSURED, does not apply to your em- Limits of Insurance shown in ployees" who provide professional health Section B. Limits of Insurance, care services on your behalf as duly li- 11. of this endorsement fix the censed: most we will pay in any one oc- currence" regardless of the a. Nurses; number of: b. Emergency Medical Technicians; or (a) Insureds; c. Paramedics, (b) Claims made or "suits" brought; or in the jurisdiction where an 'occurrence" or offense to which this insurance applies (c) Persons or organizations takes place. making claims or bring "suits". 13. Broadened Notice of Occurrence (2) Deductible Clause Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, (a) Our obligation to pay dam- Claim or Suit (SECTION IV - COMMER- ages on your behalf applies CIAL GENERAL LIABILITY CONDI- only to the amount of dam- TIONS) is hereby deleted and replaced ages for each 'occurrence" by the following: which are in excess of the Deductible amount stated in a. You must see to it that we are noti- Section B. Limits of Insur- fied as soon as practicable of an ance, 11. of this endorse- "occurrence" or an offense which ment. The limits of insur- may result in a claim. To the extent ance will not be reduced by possible, notice should include: the application of such De- (1) How, when and where the "oc- ductible amount. currence" or offense took place; (b) Condition 2. Duties in the (2) The names and addresses of Event of Occurrence, Of- any injured persons and wit- fense, Claim or Suit, ap- nesses; and plies to each claim or "suit" irrespective of the amount. (3) The nature and location of any (c) We may pay any part or all injury or damage arising out of of the deductible amount to the 'occurrence" or offense. effect settlement of any This requirement applies only when claim or "suit" and, upon the 'occurrence" or offense is known notification of the action to an "authorized representative". taken, you shall promptly Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 16 of 16 EJCVC= ENGINEERS A0.11 CONIRAC °,IAENIS COW MIME PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Central Excavation Liberty Mutual Insurance Company 437 Floss Flats Road 175 Berkeley Street Belgrade,MT 59714 Boston,MA 02116 OWNER(name and address): City of Bozeman 121 N.Rouse Ave.,Suite 200 Bozeman,MT 59715 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Seventy-one Thousand Two Hundred Fifty And No/100 ($71,250.00) Description(name and location): Church Street Stormwater Improvements,Bozeman,Montana BOND Bond Number: 023210789 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Seventy-one Thousand Two Hundred Fifty And No/100 ($71,250.00) Modifications to this Bond Form: x❑ None ❑ See Paragraph 16 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 Central Excavation (seal) Liberty Mutual Insurance ompany (seal) Contractor's Na a and Corporate Seal Surety's Name Cor at Se I By: By; Sig u e I Sign re attach power attorney) ckv\ yV w� �v John D. eaf Print Nalne (� Print Name \/f 6 C'e— � t"` � Attorney-In-Fact Title Title " Attest: Attest: ignrat�ure Signature CV, ' grw1,onlS Sharresa Drahos,Bond Clerical Title Title Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC•C-610,Performance Bond Copyright©2013 National society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers.All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind Owner and a contractor selected with the Owners concurrence, themselves, their heirs, executors, administrators, successors, and to be secured with performance and payment bonds executed assigns to the Owner for the performance of the Construction by a qualified surety equivalent to the bonds issued on the Contract,which is incorporated herein by reference. Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of 2. If the Contractor performs the Construction Contract,the Surety the Contract Price incurred by the Owner as a result of the and the Contractor shall have no obligation under this Bond, except Contractor Default;or when applicable to participate in a conference as provided in Paragraph 3. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 3. If there is no Owner Default under the Construction Contract, promptness under the circumstances: the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for 3.1 The Owner first provides notice to the Contractor and which it may be liable to the Owner and, as soon as the Surety that the Owner is considering declaring a Contractor practicable after the amount is determined,make payment Default. Such notice shall indicate whether the Owner is to the Owner;or requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner 5.4.2 Deny liability in whole or in part and notify the does not request a conference, the Surety may, within five (5) Owner,citing the reasons for denial. business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference, the 6. If the Surety does not proceed as provided in Paragraph 5 with Owner shall attend. Unless the Owner agrees otherwise, any reasonable promptness,the Surety shall be deemed to be in default conference requested under this Paragraph 3.1 shall be held on this Bond seven days after receipt of an additional written notice within ten (10) business days of the Surety's receipt of the from the Owner to the Surety demanding that the Surety perform its Owner's notice. If the Owner, the Contractor, and the Surety obligations under this Bond, and the Owner shall be entitled to agree, the Contractor shall be allowed a reasonable time to enforce any remedy available to the Owner. If the Surety proceeds as perform the Construction Contract, but such an agreement shall provided in Paragraph 5.4,and the Owner refuses the payment or the not waive the Owner's right, if any, subsequently to declare a Surety has denied liability,in whole or in part,without further notice Contractor Default; the Owner shall be entitled to enforce any remedy available to the Owner. 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;and 7. If the Surety elects to act under Paragraph 5.1,5.2,or 5.3,then the responsibilities of the Surety to the Owner shall not be greater 3.3 The Owner has agreed to pay the Balance of the than those of the Contractor under the Construction Contract, and Contract Price in accordance with the terms of the Construction the responsibilities of the Owner to the Surety shall not be greater Contract to the Surety or to a contractor selected to perform the than those of the Owner under the Construction Contract. Subject to Construction Contract. the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication for: 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply 7.1 the responsibilities of the Contractor for correction of with a condition precedent to the Surety's obligations,or release the defective work and completion of the Construction Contract; Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the 5. When the Owner has satisfied the conditions of Paragraph 3,the actions or failure to act of the Surety under Paragraph 5;and Surety shall promptly and at the Surety's expense take one of the following actions: 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages caused by 5.1 Arrange for the Contractor, with the consent of the delayed performance or non-performance of the Contractor. Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4,the 5.2 Undertake to perform and complete the Construction Surety's liability is limited to the amount of this Bond. Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for 5.3 obtain bids or negotiated proposals from qualified obligations of the Contractor that are unrelated to the Construction contractors acceptable to the Owner for a contract for Contract,and the Balance of the Contract Price shall not be reduced performance and completion of the Construction Contract, or set off on account of any such unrelated obligations. No right of arrange for a contract to be prepared for execution by the action shall accrue on this Bond to any person or entity other than EJCDCO C-630,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 the Owner or its heirs, executors, administrators, successors, and allowance for the Contractor for any amounts received or to be assigns. received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all 10. The Surety hereby waives notice of any change, including valid and proper payments made to or on behalf of the changes of time, to the Construction Contract or to related Contractor under the Construction Contract. subcontracts,purchase orders,and other obligations. 14.2 Construction Contract: The agreement between the 11. Any proceeding, legal or equitable, under this Bond may be Owner and Contractor identified on the cover page,including all instituted in any court of competent jurisdiction in the location in Contract Documents and changes made to the agreement and which the work or part of the work is located and shall be instituted the Contract Documents. within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years 14.3 Contractor Default: Failure of the Contractor, which after the Surety refuses or fails to perform its obligations under this has not been remedied or waived, to perform or otherwise to Bond, whichever occurs first. If the provisions of this paragraph are comply with a material term of the Construction Contract. void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be 14.4 Owner Default: Failure of the Owner, which has not applicable. been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or 12. Notice to the Surety, the Owner, or the Contractor shall be comply with the other material terms of the Construction mailed or delivered to the address shown on the page on which their Contract. signature appears. 14.5 Contract Documents:All the documents that comprise 13. When this Bond has been furnished to comply with a statutory the agreement between the Owner and Contractor. or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said 15. If this Bond is issued for an agreement between a contractor and statutory or legal requirement shall be deemed deleted herefrom and subcontractor,the term Contractor in this Bond shall be deemed to provisions conforming to such statutory or other legal requirement be Subcontractor and the term Owner shall be deemed to be shall be deemed incorporated herein. When so furnished,the intent Contractor. is that this Bond shall be construed as a statutory bond and not as a common law bond. 16. Modifications to this Bond areas follows: 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including EJCDC8 C-630,Performance Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 EJCDC ENGINEERS!OINT CONTRACT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR(name and address): SURETY(name and address of principal place of business): Central Excavation Liberty Mutual Insurance Company 437 Floss Flats Road 175 Berkeley Street Belgrade,MT 59714 Boston,MA 02116 OW N E R(name and address): City of Rouse 121 N.Rouusese A Avve.,Suite 200 Bozeman,MT 59715 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Seventy-one Thousand Two Hundred Fifty And No/100 ($71,250.00) Description(name and location): Church Street Stormwater Improvements,Bozeman,Montana BOND Bond Number: 023210789 Date(not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Seventy-one Thousand Two Hundred Fifty And No/100 ($71,250.00) Modifications to this Bond Form: ❑ None ❑ See Paragraph 18 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 Central Excavation (seal) Liberty Mutual Insurance Company (seal) Contractor's Name and Corporate Seal Surety's Name d Cor rate e By: By: Sigoire / 1 Signa re(attach power attorney) f 111 CLVv. oV I CAkIt"6 f j John D.Leaf Print Name ` Print Name VI Cx-1 ►"D Cd("e K( tk\"� Attorney-In-Fact Title Title Attest: Attest: �4. Signature jj �(�J Signature Gyi C) ,fI N3 / lorw_r/ Sharresa Drahos,Bond Clerical Title Title Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor,that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference,subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the harmless the Owner from claims, demands, liens,or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract,then the Surety disputed;and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials,or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims,demands, obligations under Paragraph 7.1 or 7.2,the Surety liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend,indemnify,and hold harmless the Owner against a duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond,subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants,or Claim;and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants,or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety(at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders,and other obligations. E1CDC9 C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1)on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract,whichever of of the Construction Contract. The term Claimant (1) or(2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16. Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. If this Bond is issued for an agreement between a furnished; contractor and subcontractor,the term Contractor in this 3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18.Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EJCDC®C-615,Payment Bond Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 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. Liberty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certificate No:8201483-969551 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,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, Billy J. Bolt,Gary D.Bowers,Sharresa Drahos,Brooke A.Gayness,Marsha Hattel,Kimberly Hodson,Chris Jermunson,John D.Leaf,Blaine D.Martin,Kaye U.Muzzana, Gary Paladichuk,Robert C.Pfennigs,Kristin A.Piccioni,Jamie M.Roe,Michelle Schermerhorn,Jon Tierney,Janece L.Wilhelm all of the city of Great Falls state of Montana each individually if there be more than one named,its true and lawful attomey-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 Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of June 2019 Liberty Mutual Insurance Company P�INaU/g, Polf INS& INSU. The Ohio Casualty Insurance Company ooRPORar �° hJ �oaPORar�y P°o�ORa,y° West American Insurance Company i+ J 3 Fo Rt (3 3 Fo m 3 Fo 1� c0 1912 ° ° 1919 n 2 1991 ° Y 3 y 0 Z rn 0 Q O / rd,)19SSA CH .aa y° "AMPS�,aD� �!s �NOIANP 'da , -. C 9y� * >� dyl * *� �M * By: /' c David M.Carey,Assistant Secretary s State of PENNSYLVANIA >, County of MONTGOMERY ss @ a1 a> On this 28th day of June 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being 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. ci W a IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a) CL a .N 9P PAST 0O C:) O Nty COMMONWEALTH OF PENNSYLVANIA Q Notarial Seale/�r -13 � T P O G OF s F Teresa asleIla,Notary Public C O Upper MerionTwp.,Montgomery County By: C (0 gp My Commission Expires March 28,2021 3 E YSYUSI Teresa Pastella,Notary Public O N QRY �qV� Member,Pennsylvania Association of Notaries aon Cl) O (v a) Y� cn o C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.1 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa) E ai ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a >. President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >O Co c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s N 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 executed,such 00 Z 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 attorney-in-fact under the M 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. o 0 ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. o— CD Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,H shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,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 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 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 David M.Carey,Assistant Secretary to appoint such attorneys-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 binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. 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