HomeMy WebLinkAbout11- Omdahl Excavation Contract Agreement for Lyman Creek Water System Dechlorination ProjectCONTRACT.MRG
THIS CONTRACT AGREEMENT is dated as of the day of Oc-jk k in the year 2011
by and between CITY OF BOZEMAN hereinafter called OWNER and Omdahl Excavation and
Utilities, Inc, hereinafter called CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK,
CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project
Work is generally described as follows,
1.1 Install dechlorination unit with appurtenances as detailed on the plans titled CITY OF
BOZEMAN LYMAN CREEK WATER SYSTEM DECHLORINATION PROJECT, dated April
2011,
Article 2. CONTRACT TIME
1 The Work will be completed within 15 calendar days after the date the written notice to
proceed is issued. Final payment will be withheld until final completion and acceptance of the
work as stipulated in this Agreement.
Article 3. CONTRACT PRICE,
3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the
Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of
Eight Thousand Nine Hundred Fifty Dollars ($8 �0.00 .
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the Montana Public
Works Standard Specification, Fifth Edition General Conditions. Applications for payment will
be processed as provided in the General Conditions.
4.1 Payment, Upon satisfactory final completion and acceptance of the Work in accordance with
the General Conditions, OWNER shall pay the full contract price.
0
4.1.1 Measurement and Payment. Payment for the work satisfactorily completed in accordance
with this contract shall be made on a lump-sum basis upon completion of the work.
No item that is required by Contract for the proper and successful completion Of the Work will b
paid for outside of or in addition to the prices submitted in the contract. All work not specifically
set forth as a pay item herein shall be considered a subsidiary obligation of the CONTRACTOR
and all costs in connection therewith shall be included in the contract price.
Article 5. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations
5.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or performance of
the Work.
5.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface
and latent physical conditions at the site or otherwise affecting cost, progress or performance of
the Work.
5.3 CONTRACTOR has made or caused to be made examinations, and investigations as he
deems necessary for the performance of the Work at the contract price, within the contract time
and in accordance with the other terms and conditions of the Contract Documents, and no
additional examinations, investigations, tests, reports or similar data are or will be required by
CONTRACTOR for such purposes.
5.4 CONTRACTOR has correlated the results of all such observa-tions, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract Documents,
Article 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR as attached to or referenced in this Agreement, are made a part hereof and
consist of the following:
6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds.
6.3 Montana Public Works Standard Specifications (MPWSS), Fifth Edition, and as further
2
amended by the City of Bozeman Modificatio to MPWSS (by reference).
6.4 Notice to Proceed.
There are no Contract Documents other than those listed above in this Article 6.
The Contract Documents may only be altered, amended or repealed by a modification (as defined
in the Montana Public Works Standard Specifications, Fifth Edition, General Conditions).
Article 7. GENERAL RE QUIREMENTS.
7.1 Contractor Use of Premises. The CONTRACTOR shall confine his operations at site of the
proposed work to within the right-of-way or construction easements provided.
It shall be understood that the responsibility for protection and safekeeping of equipment and
materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall
be made against the OWNER by reason of any act of an employee or trespasser. It shall be
further understood that should any occasion arise necessitating access by the OWNER to the sites
occupied by these stored materials and equipment, the CONTRACTOR owning or responsible
for the stored materials or equipment shall immediately remove same. No materials or
equipment may be placed upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used for storage.
7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for
locating all existing underground installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and prospecting. The
CONTRACTOR shall use his own information and shall not rely solely upon information shown
on the drawings concerning existing underground installations. The CONTRACTOR shall repair
all darnage to existing utilities or property at his own expense. The CONTRACTOR shall, at a
minimum, call the "One-Call" utility locate system (Phone: 1-800-424-5555) at least 72 hours in
advance of starting construction.
Where excavation will be required adjacent to existing struc-Lures, 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.
7.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The CONTRACTOR
shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and
3
driveways are not damaged during construction. If it is necessary to remove or disturb mailboxes
during construction, the CONTRACTOR shall repair and restore the mailboxes at his own
expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged
during construction, not noted to be replaced on the drawings, shall be replaced by the
CONTRACTOR at his own expense.
7.4 Surface Drainage, Water from such sources as surface runoff, dewatering and flushing of
water lines during project construction shall not be allowed to enter into drainage ways or open
areas that will cause flooding of existing structures, street intersections, or lawn areas.
7.5 Work Sequence. The CONTRACTOR shall schedule the work to minimize inconvenience
to the OWNER and to adjacent property owners and to minimize interruptions to utility service.
This shall include minimizing obstruction to local traffic especially on dead end streets. Work
shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will
be required between the CONTRACTOR, OWNER, and COUNTY. The utility service
companies such as power, gas, telephone, and video shall be contacted at least 72 hours in
advance of when locating of services will be required.
Article 8. ..... Warrant y and Guarantee.
8.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all defects shall be
given to CONTRACTOR. All defective Work, whether or not in place, may be rejected,
corrected or accepted as provided in the Montana Public Works Standard Specification, Fifth
Edition (MPWSS).
Article 9. Traffic Control.
9.1 The CONTRACTOR shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of such actions from the
County or Montana Department of Transportation and shall provide and maintain suitable and
safe lighted detours or other temporary expedients for the accommodation of public and private
travel in accordance with the current edition of the Manual on Uniform Control Devices for
Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site or initiate
construction until all traffic control provisions are in place and the OWNER has been so notified,
9.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public on these streets and roads.
9.3 Barricades and Lights. Prior to the start of construction across roads or walks, all
construction permits shall be obtained, utility companies notified, and traffic patterns, signing,
4
location of flagmen, barricades and other safety measures arranged. Providing and maintaining
safety barricades, and other work site safety measures shall be the responsibility of the
CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall
cooperate and coordinate his methods with the OWNER'S traffic control plans prior to the
disruption of the normal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs, and lights
to the extent that adequate protection is provided to the public. Obstructions, such as material
piles and equipment, shall be provided with similar warning signs and lights.
All barricades and obstructions shall be illuminated by means of warning lights from sunset to
sunrise. Materials stored upon or alongside public streets and highways shall be provided with
similar warning signs and lights.
All barricades, signs, lights and other protective devices shall be installed and maintained in
conformity with applicable statutory requirements and, where within railroad and highway right-
of-way, as required by the authority having jurisdiction thereover.
Work performed within property under the OWNER'S jurisdiction shall have all barricades,
signs, lights and protective devices installed and maintained.
Article 10 STATE LAWS AND REGULATIONS.
10.1 All applicable laws, ordinances and the rules and regula-tions of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout,
10.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be
considered that do not carry the Bidder's Certificate of Contractor's Registration number on the
envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor
Registration requirements may be obtained from the Montana State Department of Revenue,
Helena, Montana. (1-800-556-6694)
10. 1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS
GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall
withhold, in addition to other amounts withheld as provided by law or specified herein, I percent
(I%) of all payments due the Contractor and shall transmit such moneys to the Montana
Department of Revenue.
10.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in
force in Montana and to the responsibility of the OWNER for the collection of premiums
thereunder. The CONTRACTOR'S compliance with said laws is required and shall relieve the
OWNER of any responsibility for payment of premiums thereunder and shall furnish the
OWNER with satisfactory evidence showing that all premiums arising from this contract have
5
been paid before payment is made on the final estimate.
10. 1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana
residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA.
10. 1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess of
$25,000.00, Contractor and all subcontractors shall pay for all labor employed the standard
prevailing rate of wages. The standard prevailing rate of wages as used herein means that
standard prevailing rate of wages in the locality where the work is to be performed as determined
by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The
Contractor and subcontractors are directed to the Montana Commissioner of Labor for
information on the standard prevailing rate of wages applicable to this contract within this area.
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a
Performance Bond and a Payment Bond in favor of the OWNER each in an amount equal to one-
hundred Percent (100%) of the Agreement amount.
Article 12. 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.
All insurance coverages shall remain in effect throughout the life of the Agreement..
Each insurance policy shall contain a clause providing that it will not be cancelled by the
insurance company without 45 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, Fifth Edition, and included herein:
0
SC — 5.04 CONTRACTOR'S LIABILITY INSURANCE
Add flc following nev, pQT - a, , , , Tapls inimcdliaiely afte'r, Paragraph 5,043:
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 g oTealer
where required by Law or Reoulalionsi
I Workers' Compensation, etc. under Paragraphs 5,04,1 and 5.04.2 of the General
Conditions.
a. State Statutory
b. Applicable Federal (e, g, Lon shorerrians)
Statutory
c Employer's Liability
L 5 _ 00 - 000,00
2. Contractors Liability Insurance under Paragraphs 5.04.A3 through 5.04, A,6 of
the General Conditions which shall also include completed operations and product
liability` covera0c.
a. GENERAL AGGREGATE S 3.0QQ.000.C)0
b, Products-Completed
Operations Aggregate
I S 3.000,000.00
C. Pc"rsonal and Advertising
d. Each Occurrence
(Bodily Injury and
Property Damage)
S I m000mo
C. COVeTage will include:
I . Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Inj ury
section 0081 U
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONIDITIONS
"I
5 PfOdllcls and Completed Operations
6. BT03d For Property Damage will include cxpl
collapse. blasting and underground where applicable,
T Per Project Aggregate Endorsement
I
3
Automobile Liability under Paragraph 5,04,A,6 of the 3 ions:
Gei)eral Cond't'
a. Bodily lniurv:
Eac)) Person 1500,000.00
Each Accident S I000,000,00
Property Damage:
Each Accident 51,000,000,00
(0r)
b. Combined Single Limit $ 1,000,000,00
Coverage to Include
1. All Owned
2, Hired
0. 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 uinbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
Deductible not to exceed 55,000.00 per occurrence on property damage.
5. Add a new paragraph at the end of Paragraph 5.04.B, I of the General Conditions
as follows.
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability., Automobile Liability, Excess or Umbrella polices,
6. The Contractual Liability coverage required by Paragraph 5.04.114. of the
General Conditions shall pro coverage for not less than the following
amounts:
Each Occurrence $ 1.000,000,00
Aggregate S 3.,000,000,00
Section 00810
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
8
Article 13. MISCELLANEOUS.
13.1 Terms used in this Agreement which are defined in the General Conditions shall have the
meanings indicated in the General Conditions of the Montana Public Works Standard
Specifications, Fifth Edition.
13.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding
upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,
and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to
assign, transfer or sublet his interest or obligations hereunder without written consent of the other
party. The Owner reserves the right to withdraw at any time from any subcontractor whose work
has proven unsatisfactory the right to be engaged in or employed upon any part of the Work.
13.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement or to give any notice required herein,
then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees
and costs, including fees, salary, and costs of in-house counsel.
13.4 Any amendment of modifications of this Agreement or any provisions herein shall be made
in writing and executed in the same manner as this original document and shall after execution
become a part of the Agreement.
13.5 The CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless
from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or
both, in performing the work required.
The CONTRACTOR is and shall perform this agreement as an independent contractor, and as
such, is responsible to the OWNER only as to the results to be obtained in the work herein
specified, .and to the extent that the work shall be done in accordance with the terms, plans and
specifications. The CONTRACTOR shall have and maintain complete control over all of its
employees, subcontractors, agents and operations, being responsible for any required payroll
deductions and providing required benefits, such as, but not limited to, workman's compensation
and unemployment insurance.
13.6 The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis
of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability. The Contractor agrees this requirement shall
apply to the hiring and treatment of the Contractor's employees and to all subcontracts.
Article 14. Special Provisions
The Contractor shall control dust on the access road to the Lyman Creek Water Treatment Plan from
the end of the paved driveway to the plant site in accordance with Section 0 1 500 1.4. In addition the
Contractor shall post signs along this route from Story Mill Road to the Lyman Creek Water
Treatment Plant to notify all traffic to drive slowly and use caution,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written,
t
A�(
(Contractor)
By r dei 4
Title tr
Montana Contractor Registration Number
S�Al
AND ATTEST:
City of Bozeman
(Owner)
By X
Title City Manager
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A °
88
Title. C. 0
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14 . RLJ' -
+►„ - CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDWYYYY)
09/30/11
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 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 406- 587 -5111
First West, Inc. 406-587 - 9162
PCI Box 1800
1905 Stadium Or
Bozeman, MT 59715
Brya n . -D. .. HaU r ..:C.1C ... ....._... _._.�.... . ®.._
NA aT Jana McMillan
PHONE 406 -922 6 02 4 FAX
w..w.
( a e ext1: Arc N oI . 406- 587 -9 162
ADDR> sS: ana fstwes ........
PRODUCER _- .. .._......
CUSTOMER ID #: OMDAH -
INSU _U AEI pR e..__
NA4C#
INSURED Omdahl E xcavati on & Ut ilities
659 Morning Mist Rd
Manhattan, MT 59741- 8556
INSURER A: C Insur ance Company
10677
INSURER B Mon State F und
— .- --....__ _..._....
05/16112
INSU C
$ 1,000,0
INSURER D:
_ . _....... `" "`
$ 500,00
INSURER.. E:
$ 1 0,00
INSURER F
$ 1,000,00
COVERAGES CERTIFICATE NUMBER: REVISION Ni1MRFR-
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 SHO MAY HAV BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
9blyc
INSR
S-
-- ___._.__.______,... _...-..........
POLICY NUMBER
POLICY EFF
MMIDDIYYYY I
POLICV EXP
(MMIDDNYYYI
...._..... ......... ......
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LNABCLITY
— CLAIMS -MADE 17 X OCCUR
X
EPP0024533
05115/11
05/16112
EACH OCCURREN
$ 1,000,0
DAMA 0 EfT6_AENTEp
PREMIS occurrence)
_ . _....... `" "`
$ 500,00
MED EXP (Any one person
$ 1 0,00
PERSONAL & ADV INJURY
$ 1,000,00
..� _
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER
PRO-
POLICY X LOC
PROD UCTS - COMPIOP AGG
�......
$ 2,000,0
,._..-
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
X
EBA0024533
05115111
05/15112
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,00
A
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$ T
PROPERTY DAMAGE
(Per accident)
$
_._...,_
_... ._w
$
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
X
EPP0024533
05115/11
05115/12
EACH OCCURREN
$ 1,000,00
AGGREGATE
$ 1 1 000,000
DEDUCTIBLE
RETENTION $
S
X
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER /EXECUTIVE YIN
(Ma raEInNH)prXCLUDED. Y
DESCRIPTION OF OPERATIONS below
NIA'',
032643520'
07/01/11
07/01 /12
X WC S.1trtIU- O ER -
-
E L EACH ACCIDENT
._.....
$ 5 00,000
E DISEASE EA EMPLOYEE
$ 500
E.L DISEASE -POLICY LIMIT
$ 5 500,,00
A
Leased /Rented
Equipment
ITI
EPPOO24533
0511511.1
05115/12
Limit 200,00
Ded 1,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attache ACORD 101, Additional Remarks Schedule,. if more space is required)
RE: City of Bozeman Lyman Creek Water System Dechlorination
Project.Certificate holder is additional insured for General Liability per
conditions and limitations of policy form GA233MT 05 -10 available upon
request. SEE ATTACHED FOR ADDITIONAL COVERAGE
1 Lill <I11 - ALAI t; MVLUr -K C:ANI,;CLLAI IUN
CITYBI S
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 1230
Bozeman, MT 59771 -1230 AUTHORIZED REPRESENTATIVE
_ I _
(� 1988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
r
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Omdahl Excavation and Utilities, Inc
659 Morning Mist Road
Manhattan, MT 59741 -8556
OWNER (Name and Address):
City of Bozeman, Montana
P. 0. Box 1230
Bozeman, MT 59771 -1230
StJRETY (Name and Address of Principal Place of Business)
First National Insurance 'Company of America
1001 Fourth Ave., SAFECO Plaza
Seattle, WA 98154
CONTRACT
Date: il' 0
Amount: $ 8,950.00
Descriptions (Name and Location): City of Bozeman (Lyman Creek Water System Dechlorination Project
Bozeman, MT
BOND
Bond Number: 6458379
Date (Not earlier than Contract Date): (01 �
1t
Amount: $ 8,950.00
Modifications to this Band form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause
this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative,
CONTRACTOR AS PRINCIPAL,
Company: Orndahl Excavation and Utilities, Inc.
Signature: ,L � (Seal)
Name nd Ti le:
r'
(Space is provided below for signatures of additional
parties, if required.)
CONTRACTOR AS PRINCIPAL,
Company:
Sig toy m (Seal)
Na ..a it e:
SURETY
First National Insurance Company of America
Surety's Name and Corporate Seal
By:
Signature and Title Bryan D. Hall,
(Attach Power of Attorney) Attorney-in- Fact
Attest: ✓ 'I'r f' �',,. / /G
Signature and Title Donna K Tucek, Surety Client Manage
SURETY
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
(Seal)
EJCDC No. C -610 (2002 Edition)
Originally prepared through the joint efforts of Surety Association ot`America, Engineers Joint Contract Documents Committee, the Associated
General Contractors of America, and the American Institute of Architects.
S- 70211GE 7143
XDP
L Contractor and Surety, jointly and severally, bind themselves, their heirs,
exeentOr6, administrators, successors and assigns to the Owner for the performance
ofthe Contract, which is incorporated herein by reference.
2. if Contractor performs the Contract, Surety and Contractor have no obligation
under this Bond, except to participate in conferences as provided in Paragraph 3.1.
3, Iftherc is no Owner Default, Surety's obligation under this Bond shall arise after:
3.1. Owner has notified Contractor and Surety at the addresses described in
Paragraph 10 below, that Owner is considering declaring a Contractor
Default and has requested rand 'attempted to arrange a conference with
Contractor and Surety to be held not later than fifteen days after receipt of
such notice to discuss methods of perforating the Contract. If Owner,
Contractor and Surety agree, Contractor shall be allowed a reasonable time
to perform the Contract, but such an agreement shall not waive Owner's
right, ifany, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and Connally terminated
Contraotor''s right to complete the Contract. Such Contractor Default shall
not be declared earlier than twenty days after Contractor and Surety have
received notice as provided in paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance ofthe Contract Price to.
I. The Surety in accordance with the terns of the Contract;
2. Another contractor selected pursuant to paragraph 4.3 to perform the
Contract.
4, When Owner has satisfied the conditions of paragraph 3, Surety shall promptly
and at Surety's expense take one ofthe following actions:
4_l Arrange for Contractor, with consent of Owner, to perform and complete
Ilia Contract, or
42 Undertake to perfonn and complete the Contract itself, through its agents or
through independent contractors; or
4,3 obtain bids or negotiated proposals from qualified contractors acceptable to
Owner for a contract for performance and completion of the Contract,
arrange for a contract to be prepared for execution by Owner and the
contractor selected with Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety equivalent
to the Bonds issued on the Contract, and pay to Owner the amount of
damages as described in paragraph 6 in excess of the Balance of the
Contract price incurred by Owner resulting front Contractor Default; or
4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a
new contractor and with reasonable promptness under the circumstances;
1. After investigation, determine the amount for which it may be liable
to Owner and, as soon as practicable after the amount is determined,
tender payment therefor to Owner, or
2. Barry liability in whole or in part and notify Owner citing reasons
therefor.
5. if Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of art additional written notice from Owner to Surety demanding that Surety
perform its obligations under this Bond, and Owner shall be entitled to enforce any
remedy available to Owner. if Surety proceeds as provided in Paragraph 4.4, and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
part, without further notice Owner shall be entitled to enforce any remedy available
to Owner.
6. After Owner has terminated Contractor's right to complete the Contract, and if
Surety elects to 'act under paragraph 4.1, 41, or 4.3 above, then the responsibilities
of Surety to Owner shall not be greater than those of Contractor under the Contract,
and the responsibilities of Owner to Surety shall not be greater than those of Owner
under the Contract, To a limit of the amount of this Bond, but subject to
commitment by Owner of the Balance of the Contract price to mitigation of costs
and damages on the Contract, Surety is obligated without duplication for:
6.1 The responsibilities of Contractor for correction of defective Work and
completion ofthe Contract;
6.2 Additional legal, design professional and delay costs resulting from
Contractor's Default, and resulting from the actions or failure to act of
Surely under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that are
unrelated to the Contract, find the Balance of the Contract Price shall not be reduced
or set off on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than Owner or its heirs, executors,
administrators, or successors.
8. Surety hereby waives notice of any change, including changes of time, to
Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court
of competent jurisdiction in the location in which the Work or part of he Work is
located and shall be instituted within two years after Contractor Default or within
two years after Contractor ceased working or within two years after Surety refuses
or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this paragraph arc void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address shown on the signature page.
1 f When this Bond has been furnished to comply with a statutory requirement in
the location where the Contract was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
t2. Definitions.
12.1 Balance of the Contract Price: The total amount payable by Owner to
Contractor under the Contract aRer all proper adjustments have been made,
including allowance to Contractor of any amounts received or to be
received by Owner in settlement of insurance or other Claims for damages
to which Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of Contractor under the Contract.
12.2 Contract: The agreement between Owner and Contractor identified on the
signature page, including all Contract Documents and changes thereto.
12 3 Contractor Default: Failure of Contractor, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the
Contract.
12,4 Owner Default: Failure. of Owner, which has neither been remedied nor
waived, to pay Conti as required by the Contract or to perform and
complete or comply with the other teens thereof
FOR [NFORMATION ONLY— Name, Address and Telephone
Surety Agency or Broker Owner's Representative (engineer or other party)
First West, Inc. City of Bozeman, Engineering Department
P. O. Box 1800, Bozeman, MT 59771 P. 0. Box 1230
406 - 587 -5111 Bozeman, MT 59771 -1230
S- 7021/OE 7103
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Omdahl Excavation and Utilities, Inc.
659 Morning Mist Road
Manhattan, MT 59741-8556
OWNER (Name and Address):
City of Bozeman, Montana
P. O. Box 1230
Bozeman, MT 59771-1230
SURETY (Name, and Address of Principal Place of
Business):
First National Insurance Company of America
1001 Fourth Ave., SAFECO Plaza
Seattle, WA 98154
CONTRACT
Effective Date of Agreement.
Amount: S 8,950,00
Description (Name and Location):
City of Bozeman Lyman Creek Water System Dechlorination Project
Bozeman, MT
BOND
Bond Number: 6468379
Date (Not earlier tha7z 4�f) Xtive Date of
Agreement):
Amount: $ 8,950.00
Modifications to this Bond Form:
None
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Omdahl Excavation and Utilities, Inc.
First National Insurance Company of
(Seal} America (Seal)
Contractor's Name and Corporate Seal Surety's Narne and Corporate Seal
By: By:
Signature (Attach Power of Attorney)
Bryan D. Hall
PriAt Name Print Name
K I' I I
Title
Attest:
Signature
Attorney
Title
Attest:
Title
Signature
Title
Donna K. Tucek, Surety Client Manager ........ ......
Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
tMWO01504;11 EJCDC C-615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page I of
S-714 S/G E 4108
XD
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the
performance of the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor;
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemenifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-
payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the
performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses
described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims,
demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at
the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is
being made under this Bond and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90
days after having last performed labor or last furnished materials or equipment included in the claim
stating, with substantial accuracy, the amount of the claim and the name of the party to whom the
materials or equipment were furnished or supplied, or for whore the labor was done or performed; and
2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of
furnishing the above notice any communication from Contractor by which Contractor had indicated the
claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being
made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is
sufficient compliance.
6. Reserverd.
7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract
and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this
Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy
obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the
completion of the Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the
Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and
shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have
obligations to Claimants under this Bond.
(lt WO01504;1) EJCDC C- 61501 Payment Bond March 2068
Prepared by the Engineers Joint Contract Documents Committee.
PaL 2 o1`3
S- 71461GE 4108
10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related
subcontracts, purchase orders, and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year
from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on
which the last labor or service was performed by anyone or the last materials or equipment were furnished by
anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature
page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract
was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed
deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.
The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
15. Definitions
15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier
subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental
equipment used in the Contract, architectural and engineering services required for performance of the
Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's Tien
may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.
15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all
Contract Documents and changes thereto.
153 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as
required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.
FOR INFORMATION ONLY - (Name, Address and Telephone)
Surety Agency or Broker: Owner's Representative (Engineer or other):
First West, Inc.
P. O. Box 1800, Bozeman, MT 59771
406- 587 -5111
City of Bozeman. Engineering Department
P. d. Box 1230
Bozeman, MT
{Mw001504;11 EJCDC C-615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee,
Page 3 of 3
$- 71481GE 4/08
First National Insurance Company of America
POWER
1001 4th Avenue
Muuia OF ATTORNEY Suite 17oo
Seattle, WA 98154
KNOW ALL BY THESE PRESENTS: No. 10121
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
* A. BENNETT, MARK COLLINS, TYLER P- DELANEY; RICHARD B. DEMING, DEBORAH L. DUNEMAN;
BRYAN D. HALL; WILLIAM R. PRICE, DONNA K. TUCEK, Bozeman,
its true and lawful attomey(s)-in- fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as If such instruments had been duty executed by Its regularly
elected officers at Its hom office_
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 21 st day of March 2009
Dexter R. Legg, Secretary Timothy A. Mikolajawskl, Vice President
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA_
"Article V, Section 13- - FIDELITY AND SURETY BONDS --- the President, any Vice President, the Secretary, and any Assistant
Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint
individuals as attomays-In-fact or under other appropriate fittes with authority to execute on behalf of the company fidelity and surety
bonds and other d ocurrNants of similar character issued by the company in the course of its business On any instrument making or
evidencing such appoIrtment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adoptLd July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and
(0) Certifying %at said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1. Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney
issued pursuant thereto. are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still In full force
and effect,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation
this 1 3 day of 0,C-4 � K
S-10491DF 3toe
Rrk
Dexter R. Legg, Secretary
WEB PDF
ff !" \1 U.
Bob Murray 0
Project Engineer
582 -2269
To Chris Kukulski, City Manager
Date: October 3, 2011
Re: Quote for Lyman Creek Dechlorination Project
The DEQ has added a requirement to our discharge permit that we dechlorinate any
discharge from the reservoir. We put together a project last year to add the
dechlorination equipment and also an addition to the outlet control building to store the
required chemicals. The bids came in significantly over budget for that project and we
decided not move forward. Over the winter, we repackaged the project to only install the
dechlorination equipment and sent it out for quotes. We requested quotes from 8
contractors to complete the work. They were:
Omdahl Excavation and Utilities, Inc.
AFM Contracting
Walker Excavation
DLM Excavation
Bozeman Sand .and Gravel
Townsend Backhoc Service
Big X
Only Omdahl gave us a quote to complete the work. The quoted price was $8,950,00,
which we feel is commensurate with the work involved. We are recommending that we
enter into a contract with Omdahl Excavation and Utilities, Inc. to complete the work.
Four copies of our standard short forrn contract agreements prepared for this project are
attached for your approval. Please return all of the copies to me.
Attachments
Cc: Debbie Arkell, Dir. of Public Service
Rick Moroney, Water Treatment Plant Superintendent