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HomeMy WebLinkAbout12- Williams Civil Construction water service and fire line replacement Contract Agreement CONTRACT.MRG CONTRACT AGREEMENT +1L_ T141S CONTRACT AGREEMENT is dated as of thou day oAandilli in the year 2012 by and between CITY OF BOZEMAN hereinafter called OWNER ams Civil Construction 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 Replace 2"water service and 8"fire line with appurtenances. Article 2. CONTRACT TIME. 2.1 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 Twenty One Thousand Eight Hundred Twenty Seven Dollars {$21.,$27.00). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the Montana Public Works Standard Specification, Sixth Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Payment. Upon satisfactory final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the full contract price. 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. 1 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. 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 b. 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. 62 Certificates of Insurance and Performance and Payment Bonds. 6.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition,and as further amended by the City of Bozeman Modifications to MPWSS (by reference). 2 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, Sixth Edition, General Conditions). Article 7. GENERA, RE UIREMENTS. 7.1 Contractor Use of Premises. The CONTRACTOR shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the OWNER to the sites occupied by these stored materials and equipment, the CONTRACTOR owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property OWNER has agreed in writing to the location contemplated by the CONTRACTOR to be used for storage. 7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching,by contacting the OWNERS thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall repair all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a minimum, call the "One-Call" utility locate system(Phone: 1-800-424-5555) at least 72 hours in advance of starting construction. Where excavation will be required adjacent to existing struc-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 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 3 expense to the satisfaction of the property owner. Any curb,gutter, or driveways damaged during construction,not noted to be replaced on the drawings, shall be replaced by the CONTRACTOR at his own expense. 7.4 Surface Drainage. Water from such sources as surface runoff,dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. 7.5 Work Sequence. The CONTRACTOR shall schedule the work to minimize inconvenience to the OWNER and to adjacent property owners and to minimize interruptions to utility service. This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will be required between the CONTRACTOR, OWNER, and COUNTY. The utility service companies such as power, gas, telephone, and video shall be contacted at least 72 hours in advance of when locating of services will be required. Article 8. Warranty and Guarantee. 8.1 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work,whether or not in place, may be rejected, corrected or accepted as provided in the Montana Public Works Standard Specification, Sixth Edition(MPWSS). 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, 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 4 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 theruover. 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 regulations 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, 1 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 been paid before payment is made on the final estimate. 5 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: 6 o SC--5.04 CO-1\1 f'AC"I'OWS LIABIIlITY INSURI�re'CE Add tare fiiilo"""!-, nc' p<,raPaphs iniil7cdiately after Pangimpli 5 01B C. The Iimik of liabilit?' for the instl ance rcgni ed by PmapTph 5 04 of the General Conditions shall provide coverage for DOI less than Me fn1lUNSig amounts or gicater ',here required by Law or Regulations. 4 1, Workers' Compensation, etc. under ParaWmNis 53 TI I and 5.04.2 of the Cienet'ttl 10 Conditions. 61(b a. State Statutor\' l�. Applicable l;edcral (0g. Wigshoremans) Statutory cl C Employer's Liability= -C T.Ct(?0.0n 2. CoI1tractor's Liability I11Sl MI)Ce Under -Paragraphs 5.04-A.3 through 5.04. A.6 of the Geiieral Condi(ions which shall also include completed OPi-VatiOlIS and prOCluct liabilily Covemge. rr. GEREh.AL. tAGGR1-CjATE 3.0'�IU.(3J�7.lin h. PrOducts-Complcted Optiratiuns Aggregatc S ;.000.(tor -ou C Personal and Advertising d. Each OcciiijGnCe (Bodily lniury any[ I';ol imy DaIllage} r r �. Covel-age °Fill 9n6udC: 1. Prcmises - Operatlt?n5 y 2. Operatioms of Indep-ri ent Conti-actor �l 3. Contractual Liability 4. Personal Injury SeC12031 00810 ,SUP t'LL-MKNT.AI,'i' CONTATTQ7 S'I C)'tHE E.1-TRAL CC NDITION,9 P:oducls and Completed Operations C. Broad Fonu a tuperzy Dama,4e 1nJl include expJ()sjort, collapse, blasting and underground Where nliplicable. Per Vr()icct nggg'egate Endorsement tlutumobik 1_i hilhy LtI1Clu P:.lr:iamplr 5 (I=1.f 6 of the General (.'onditions. Z1. B06Jly III iut_V: Erich Person w 500,L't U00 Each Accident Faclt Accident SI J) 0.000-0n h. Con'rbined `angle Limit Covo age to Include I. All Ommed 2 Hired _. Non-Owned -l. Contractor's INKIN) inwance under 5.04.A.3 through 5.044 A.6 maybe saiisfled i)}' primary insurune." or a Combination of primary and excess or umbrella mn.,uranee. Primary occurrence limit calmot be less than 51,000,000.00 Deductible not :o c.ccecd S5,000-00 per Occur,ence on property clad}a`~e, Add a stew Jura:mph at tine ero.d o1'Paragraph 5.9-I.B. 1 of the General Conditiot)s as faller.s: The Contractor`; inset-ance coverage shill Iiarme the Ovnler', and Ei)giileer 113d t'-n inee,`s Consuitants as an additional insured under r.'ommurcial General Liability. Automobile Liability. Excess or Umbrella polices. ia. The Contractual Liability coverage rcauircd by p araaraph 5.04.B.4, cf the 13e;�er�.l GUncill3utt5 slral3 ;,rovide coveragc 1-Or iiol less than the f'oilow irag= amounts: Each Occun-cttcc S 110100100 Agpvgme S31001010, sectun pp53 UPFI-E I E'N . R Y CONDI'I 10isS 7O TH1. GENOL A L CONDI T IC1NS 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 a 9 C-eR raC Tr WTB IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. (Contractor) By ,ram Title _ Montana Contractor Registration Number SEAL AND ATTEST: City of Bozeman ner� i B Title City Manager OR � � w . Ar ©r SEAL AN EST: * �' ;'i`i�• J Y By 7j Title Ci Qe '�c' _ _ • °��� 10 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Williams Civil Division, Inc. Western Surety Company 2131 Industrial Dr. PO Box 5077 Bozeman,MT 59715 Sioux Falls, MT 57117 OWNER(Name and Address): City of Bozeman PO Box 1230 Bozeman, MT 59771 CONTRACT Effective Date of Agreement: 8116/2012 Amount: $21,827.00 Description(Name and Location): Replace 2"Water Service and 8"Fire Line with Appurtenances at MART BOND Bond Number: 929556520 Date(Not earlier than Effective Date of Agreement): 8/16/2012 Amount: $21,827.00 Modifications to this Bond Form: 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 Williams Civil Division,Inc (Seal) Western Surety Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: ��� By: (, Signature Signature(Attach Power of Attorney) Stephani L. Cordeiro Print Name Print Name VIP Attorney-In-f=act Title Ti Attest: � Attest: 71 Si ture Peo x--cl— M RiV AGCY i C Title Title Note: Provide`execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1, If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond,except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract, Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, 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 1 Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 52 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated 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. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations 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. 9. Notice to Surety, Owner,or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof FOR INFORMATION ONLY—(Name,Address and Telephone) Surety Agency or Broker: Cogswell Insurance Agency, LLC, PO Box 2009, Great Falls, MT 59403 (406) 761-5000 Owner's Representative En ineer or other part EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety,Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Williams Civil Division, Inc. Business): 2131 Industrial Dr. Western Surety Company Bozeman, MT 59715 PO Box 5077 %r%(Name and Address): Sioux Falls, MT 57117 City o o eman PO Box 1230, Bozeman, MT 59771 CONTRACT Effective Date of Agreement: 8/16/2012 Amount: $21,827.00 Description (Name and Location): Replace 2"Water Service and 8"Fire Line with Appurtenances at KMART BOND Bond Number: 929556520 Date(Not earlier than Effective Date of Agreement): 8/16/2012 Amount: $21,827.00 Modifications to this Bond Form: 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 Williams Civil Division, Inc. (Seal) Western Surety Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By' Si a re Signature(Attach Power of Attorney) 0 i\ L W 1 �� Stephan!L. Cordeiro Print Name Print Name Attorney-]n-Fact Title qia��At test: Attest: Sign re re �Rcs�cc r MJ�tN ArC�c2 Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. _ Page l of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, 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.I Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing 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. When a CIaimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the Iocation 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 CIaimant 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 Iaw, 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 lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone) Surety Agency or Broker: Cogswell Insurance Agency, LLC,PO Box 2009, Great Falls, MT 59403 (406)761-5000 Owner's Re resentative Ln zneer or other): EJCDC C-615 Payment Band Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Lorrin A Darby, Dianne L Meinhardt, Timothy G Lightbourne, Dale J Anderson, Stephan L Cordeiro,Individually of Great Falls, MT, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereor,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of April,2012. , oEr WESTERN SURETY COMPANY SOS. „M1c0s `ka bW v t^,z � s4.Sf AV!"p- a Paul .Bruflat,Senior Vice President State of South Dakota ss County of Minnehaha On this 23rd day of April,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + D. KRELL e November 30,2012 s sAL NOTARY PUBLIC EAS s s SOUTH DAKOTA i +hhhy�s54SSy-,545hy�ay5 y5+ D.Krell,No y Public CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16 day of AUGUST 2012 SUREr"cod WESTERN SURETY COMPANY �Si"pV'i Farm F4280-09-06 L.Nelson,Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.