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HomeMy WebLinkAbout12- Langlas and Associates Contract Agreement for Bogert Pool House Upgrades CONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the 20`x' day of April in the year 2012 by and between CITY OF BOZEMAN hereinafter called OWNER and Langlas and Associates 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: (provide a description of the work under this contract) 1.1 Complete stuctural upgrades to Bogert Pool House per Engineering Details provided by Nishkian Monks dated 4/27/2011. Article 2. CONTRACT TIME 2.1 The Work will be completed within 30 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 $37,464.00 Dollars. Article 4. PAYMENT PROCEDURES CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard Specification,Third 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. 4.1.1 Measurement and Payment. Payment for the work satisfactorily completed in accordance with this contract shall be made pursuant to the applicable measurement and payment sections of the most current edition of the Montana Public Works Specification based on the unit prices established in Exhibit A. No item that is required by Contract for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in 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. 1 Article S. 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 observations,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 in order of precedence: 6.1 This Agreement, 6.2 Certificates of Insurance and Performance and Payment Bonds, 6.3 Montana Public Works Standard Specifications(MPWSS),Third Edition,dated October, 1988 as amended by the August 1, 1991,MPW Addendum No. 1,and as further amended by the City of Bozeman Modifications to MPWSS (by reference). 6.4 Notice to Proceed. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be altered,amended or repealed by a modification(as defined in the Montana Public Works Standard Specifications,Third Edition,October 1988,General Conditions). Article 7. GENERAL REQUIREMENTS 7.1 Contractor Use of Premises. The CONTRACTOR shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. it shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the OWNER to the sites occupied by these stored materials and equipment,the CONTRACTOR owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property OWNER has agreed in writing to the location contemplated by the CONTRACTOR to be used for storage. 7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections,in advance of excavating or trenching,by contacting the OWNERS thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely 2 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. 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 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 cable shall be contacted at least 72 hours in advance of when locating of services will be required. Article 8. Warranty and Guarantee 8.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work,whether or not in place,maybe rejected,corrected or accepted as provided in Article 13 of the Montana Public Works Standard Specification,Third Edition(MPWSS),published October, 1988,as amended August 1, 1991 and as further amended by the City of Bozeman Modifications to MPWSS. Article 9. Site Safe!y and 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,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 3 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.I 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. 10.1.1 The CONTRACTOR'S attention is directed to Title 39,Chapter 3,Part 7,MCA, 1981,which requires the CONTRACTOR to post a surety bond or other form of security insuring worker's wages and fringe benefits with the Commission of Labor and Industry,State of Montana. The bond or other security shall be filed with the Commissioner and evidence of the bond shall be provided to the OWNER prior to commencement of work. 10.1.2 The CONTRACTOR'S attention is also directed to Title 15,Chapter 50,Part 2,MCA, 1981. Under the provisions of this law,public contractors shall pay to the State, in addition to license application fees,a sum equal to one percent(1%)of the gross receipts from all public contracts in excess of five thousand dollars($5,000). Prime CONTRACTORS shall be responsible for withholding one percent(I%)of all monies due to subcontractors for work performed under contracts for public work,and shall transmit such monies to the State Department of Revenue. Additional information pertaining to license requirements and license fees may be obtained from the Montana State Department of Revenue,State Capital Building,Helena,Montana. 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 CON'TRACTOR'S compliance with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have been paid before payment is made on the final estimate. 10,1.4 In accordance with Montana Law(Title 18,Chapter 2,Part 4,MCA, 198 1)on contracts for State,County, school construction,heavy highway or municipal construction,repair or maintenance work under any of the laws of the State,the CONTRACTOR shall give preference to the employment of bona fide Montana residents in the performance of said contract,and shall further pay the standard prevailing rate of wages including fringe benefits and travel allowance in effect as paid in the county or locality in which the Work is being performed. The minimum wages, if included as part of the contract documents,are not controlling except as to the minimum for the purpose of the Davis-Bacon Act. Therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions,and travel allowance provisions in effect and applicable to the county or locality in which the Work is being performed. Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a Performance Bond and a Payment Bonds in favor of the OWNER each in an amount equal to one-hundred percent(100%)of the Agreement amount. 4 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 Bf,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 30 days written notice to the OWNER and Engineer of intention to cancel. The minimum amounts of such insurance coverages being as follows: Commercial General Liability A. Bodily Iniury& Property Damage Each Occurrence Aggregate; $1,000,000 $2,000,000 Coverage to include: I. Premises Operations 2. Products and Completed Operations $2,000,000 Products and Completed Operations 3. Contractual 4. Operations of Independent Contractors 5. Personal Injury 6. Property Damage applicable to Blasting,Collapse and Underground Hazards shall be included in coverage. May be satisfied by primary insurance or a combination of primary and excess of umbrella insurance. However,primary occurrence limit cannot be less than$1,000,000. Deductible not to exceed$5,000 per occurrence on property damage. B. Automobile Liability Bodily Injury and Property Damage: Coverage to include: 1. All Owned 2, Hired 3. Non-Owned Combined Single Limit 1,000,000 Each Accident C. Worker's Compensation Occupational Disease Statutory Employer's Liability $500,00 Each Accident Sections B and C above may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. D. Owners and Contractors Protective Liability 5 Bodily Injury and Property Damage Each Occurrence Aggregate$1,000,000 $1,000,000 Satisfactory protection for Owner may be accomplished by either an endorsement of Contractor's Comprehensive General Liability policy or by Contractor's carrier issuing a separate protective liability policy. E. Additional Insureds The Contractor's insurance coverage shall name the Owner as an Additional Insured under Commercial General Liability, Automobile Liability,Excess or Umbrella policies. F. Builder's Risk Contractor shall purchase Builder's Risk on the"Broadform"form of coverage inclusive of Fire,Extended Coverages,and Vandalism. Insurance shall include the interests of the Contractor, Engineer,and subcontractors, as their insurable interest may appear. 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,3rd Edition,October 1988. 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. 133 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 and hold the OWNER harmless from all claims and liability for bodily injury(including death)and damage to property due to the negligence of CONTRACTOR,their agents, employees,or both,in performing the work required under this Agreement. 13.6 The CONTRACTOR agrees to follow the City's antidiscrimination policy as defined in Commission Resolution No.4250. A full copy of the Resolution 4250 is available upon request. Failure to comply with the discrimination provision is a breach of the material term in the contract—the same as not performing the other requirements of the contract. City Commission Resolution 4250 establishes numerous new policies prohibiting discrimination 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 development,execution,and implementation of city contracts and other agreements. In order to comply with the requirements of this Resolution,the contractor,with their signature on this contract, agrees to the adoption of the Addendum to the contract for services should they be awarded the contract. With their signature,the contractor also agrees to follow the conditions specified in this anti-discrimination policy. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontractors. 6 CONTRACTOR will not take title to,nor sign any manifest or shipment documents for,nor act as one who arranges for the shipments and disposal of,nor make the actual selection of disposal site(s)for any Hazardous, Regulated or Special Waste. CONTRACTOR will not be liable for any preexisting environmental contamination of the project site. CONTRACTOR's liability for environmental contamination of the project site shall be limited to the extent CONTRACTOR's negligence has caused,contributed to or exacerbated the contamination of the project site. 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. (Contractor) By Title i �- ACCEPTED: C CITY OF BOZEMAN , By its 1� r Of 001 ATTEST; _ + w City Clerk - - , STATE OF MONTAq County of Gallatin ` '`)'` ' On this .�day of MaL4 2D J2 before me,a Notary Public for the State of Montana, personally appeared CHRIS KUKULS I and STACY ULMEN,known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) P NOTARIAL C Nottry Public for State of Montana - -- -- - SEAL *� (Prinied Name) fZgl Residing at-> eeme Montana My Commission Expires: 1a 7 TM �= ® Document A312 - 2010 Performance Bond Bond No. 105761671 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Langlas&Associates,Inc, of business) 777 East Main Street Suite 101 Travelers Casualty and Surety Company of America 1501 Fourth Ave.,Suite 1650 This document has important legal Bozeman,MT 54715 Seattle,WA 98101 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal staters and address) respect to its completion or modification. City of Bozeman Any singular reference to 121 North Rouse Avenue Contractor,Surety,Owner or Bozeman,MT 59771 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date:4/20/2012 AIA Document A312-2010 combines two separate bonds,a Amount: THIRTY-SEVEN THOUSAND FOUR HUNDRED SIXTY-NINE&001100$37,469.00 Performance Bond and a Payment Bond,into one form, Description: This is not a single combined (Name and location) Performance and Payment Bond. Structural Upgrades to Bogert Pool House BOND Date:4/24/2012 (Not earlier than Construction Contract Date) Amount:THIRTY-SEVEN THOUSAND FOUR HUNDRED SIXTY-NINE&00/100$37,469.00 Modifications to this Bond: ®None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Langlas&Associates,Inc. Travelers Casualty and Surety Company of America Signature: Signature: A_­" r_,, , r Name Name Anne E.Strieby ! and Title: and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATIONONI,Y—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Propel Insurance (Architect,Engineer or other party) PO Box 2940 Tacoma,WA 98401 (253)759-2200 Init. A!A pocument A312TM-2010.The Amedcan Institute ofArchitects. 061750 1 1 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs, executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference am ong the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice, §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain anew contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it-may be Iiable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312TM—2040.The American Institute of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and 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 the Owner or its heirs,executors,administrators,successors and assigns. §10 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. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.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 the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction 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.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §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 allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction.Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. lnit. AIA Document A372TM--2070.The American Institute oFArch@ects. 3 §16 Modifications to this bond are as follows: (Space is provided helow for additional signatures of addedparties, other than dose appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate seal) Signature: Signature: NIA Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that changes will not be obscured. Init AIA Document A312m—2010.The American Institute oFArchitects. 4 Client#: 622 LANGLASA ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/24/2012 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 - CONTACT Dave Purcell NAME: Hoiness LaBar Insurance RHONE 406-238-1900 FAX 406-532.5800 AlC,No Ext: AlC A Member of Payne Financial Group E-MAIL D ,No SS: lnormandeau@pfg-insurance.com P.O.Box 30638 - Billings, MT 59107-0638 INSURER(S)AFFORDINGCOVERAGE NAIC# _ INSURER A:Cincinnati Insurance Company INSURED INSURER B: Langlas&Associates Inc- 2270 Grant Road INSURER C. — -— Billings, MT 59102 INSURER❑: 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 CONTRACTOR 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 iAbDLSUBR - POLICY EFF POLIcif LTR TYPE OF INSURANCE (INSR WV0 _POLICY NUMBER MMlDO MM10❑ LIMITS .. ....... — -...-- ——. ..1_-. IYYYYi_( IYYYY) A GENERAL LIABILITY CPP0810521 12/31/2011 12/31/2012 EACH OCCURRENCE _ $1000000 _ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PRFMISES_(Eaaccurrence) $1,000,000 CLAIMS-MADE 4 OCCUR MEO EXP(Any one person) $10,000 X PD Ded:500 PERSONAL BADVINJURY $1,000,000 --......�............__...._. ..--- GENERAL AGGREGATE $2,000_,000 ffN'LAGG'RFGATF U MITAPPLIFSPER' PRODUCTS-COMPIOPAGG $2,000,000 POLICY X PRO n LOC ! $ JECT I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A CPP0810521 12/31/2011 12/31/201 _Eaaccideng _ $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNEO PROPERTY DAMAGE AUTOS PeraccidenL $ $ A X UMBRELLA LEAK OCCUR CPPOS10521 12/31/2011 12131/201 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE_ AGGREGATE $10,000,000 pFD _ RETENTION$. WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Yf N _TORY LIMITS ANY PROPRIETOR/PARTNERIEXECUTIVE; EL,EACH ACCIDENT OFFICERIMEMBER EXCLUDEW I NIA $ - ---- - -- - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below _. _ i_ _ E.L.DISEASE-POLICY LIMIT 5 I I I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION City of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 1230 ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman, MT 59771 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7642671M 709607 LN 1 "�°Jhe CERTIFICATE OF LIABILITY INSURANCE OP ID A4 DATE(MMIDOr-rrm LMGL-4 04/24112 PRODUCER THIS CERTIFICATE 19 IS ED AS A MATTER OF(NFOR (O ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins - Billings HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P O Box 80308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Billings MT 59108 Phone: 406-656-9800 Fax:406-656-1199 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA Liberty Northwest Ins Corp INSURER S. Lan las and Associates, Inc. INSURERC: 2270 Grant Rd INSURER O: Billings MT 59102 INSURER E' COVERAGES 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 DI-SCR[BED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .-----.--.--... ...._._._. ,-06 LI CYEFFECTIiiECTCY�7tPTtiATftSN.�' LTR INSRIJ TYPE OF INSURANCE POLICY NUMBER DATE MMIDO ipATE MMIIn(YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE MA 7UENTED COMMERCIAL GENERAL LIABILITY .rPRREMISE(a occurence! T CLAIMS MADE L�OCCUR MEDEXP(AnyonePerson) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE S j GEN'L AGGREGATE LIMIT APPLIES PER' f PROOUGTS-COMPlOPAGG 1 POLICY PRI I LOC 1 _ AUTOMOBILE LIABILITY ANY AUTO (a SINGLE LIMIT accident) $ ALL O W NED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIREDAUTOS BOUILYINJURY NON-OWNED AUTOS (Peraccidenl) PROPERTY DAMAGE $ i(Per accident) GARAGE LIABILITY J ALTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ I� DEDUCTIBLE RETENTION $ WORKERS COMPENSATION XITQRYLI6A17S ER AND EMPLOYERS'LIABILITY �_ A ANY PROPRIETORIPARTNER/EXECUTIVC7Y1 WC4.1NCO1149)_,011. 07/01/11 � O7�IO1jIZ �E..L,EACH�ACCiDENT $1.000,000 OFFICERIMEMBER EXCLUDED? u (Mandatory In NH) �. E,L.DISEASE-EA EMPLOYE $1 000 000 If yes,aesc Ire under s_-,- r -- SPECIAL PROVISIONS below j E.L.DISEASE•POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERAMONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C TTYOBO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL City of Bozeman IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. BOX 1230 REPRESENTATIVES. Bozeman MT 59771 AUTHORIZED REPRESENTATIVE ACORD 25(2009101) ���j - '�0 p S-2 9 A TION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC€)RD 25(20091 1)