HomeMy WebLinkAbout13- DLM Contracting, Inc Contract Agreement for valve replacement at the Water Treatment Plant CONTMCT,MRG
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT is dated as of the 2- - day of in the year 2013
by and between CITY OF BOZEMAN hereinafter called OWNER and DLM Contracting, 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 Replace existing 14" butterfly valve with a solid sleeve and install a new 14" gate valve
at the Hyalite/Sourdough water treatment plant.
Article 2. CONTRACT TIME.
2.1 The Work will be completed within 7 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
Nine Thousand Seven Hundred Dollars ($9,700.00
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 fax the work satisfactorily completed in accordance
1
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 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 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:
6.1 This Agreement.
6.2 Certificates of Insurance and Performance and Payment Bonds.
6.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further
amended by the City of Bozeman Modifications to MPWSS (by reference).
2
6.4 Notice to Proceed,
6.5 Contract Drawing sheet P-I through P-3
6.6 Non-discrimination Affirmation Page
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. GENERAL REQUIREMENTS.
7.1 Contractor Use of Premises. The CONTRACTOR shall confine his operations at site of the
proposed work to within the right-of-way or construction easements provided,
It shall be-understood that the responsibility for protection and safekeeping of equipment and
materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall
be made against the OWNER by reason of any act of an employee or trespasser. It shall be
further understood that should any occasion arise necessitating access by the OWNER to the sites
occupied by these stored materials and equipment, the CONTRACTOR owning or responsible
for the stored materials or equipment shall immediately remove same. No materials or
equipment may be placed upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used for storage,
7.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for
locating all existing underground installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and prospecting. The
CONTRACTOR shall use his own information and shall not rely solely upon information shown
on the drawings concerning existing underground installations. The CONTRACTOR shall repair
all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a
minimum, call the "One-Call" utility locate system (Phone: 1-800-424-5555) at least 72 hours in
advance of starting construction.
Where excavation will be required adjacent to existing 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,
3
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.
75 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. If, within two years after acceptance of
the work by the OWNER, any of the work is found to be defective or not in accordance with the
Contract Documents, and upon written notice from the OWNER, the CONTRACTOR shall
correct any work beginning within seven(7) calendar days of said written notice. Should the
CONTRACTOR fail to respond to the written notice within the designated time,the OWNER
may correct the work at the expense of the CONTRACTOR. 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
4
construction until all traffic control provisions are in place and the OWNER has been so notified.
9.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public on these streets and roads.
9.3 Barricades and Lights. Prior to the start of construction across roads or walks, all
construction permits shall be obtained, utility companies notified, and traffic patterns, signing,
location of flagmen, barricades and other safety measures arranged. Providing and maintaining
safety barricades, and other work site safety measures shall be the responsibility of the
CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall
cooperate and coordinate his methods with the OWNER'S traffic control plans prior to the
disruption of the normal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs, and lights
to the extent that adequate protection is provided to the public. Obstructions, such as material
piles and equipment, shall be provided with similar warning signs and lights.
All barricades and obstructions shall be illuminated by means of warning lights from sunset to
surrrise. 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 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, I percent
(1%) of all payments due the Contractor and shall transmit such moneys to the Montana
Department of Revenue.
5
10.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in
force in Montana and to the responsibility of the OWNER for the collection of premiums
thereunder. The CONTRACTOR'S compliance with said laws is required and shall relieve the
OWNER of any responsibility for payment of premiums thereunder and shall furnish the
OWNER with satisfactory evidence showing that all premiums arising from this contract have
been paid before payment is made on the final estimate.
10.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana
residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA.
10.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess of
$25,000.00, Contractor and all subcontractors shall pay for all labor employed the standard
prevailing rate of wages. The standard prevailing rate of wages as used herein means that
standard prevailing rate of wages in the locality where the work is to be performed as determined
by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein, The
Contractor and subcontractors are directed to the Montana Commissioner of Labor for
information on the standard prevailing rate of wages applicable to this contract within this area.
Article 11. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a
Performance Bond and a Payment Bond in favor of the OWNER each in an amount equal to one-
hundred Percent (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, Sixth Edition, and included herein:
6
copies of the insurance policy shall have been filed with the Owner and the Engineer.
All insurance coverage shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
SC-5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5,04.8:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
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. Longshoremans) Statutory
C, Employer's Liability $ 500,000.00
2. Contractor's Liability Insurance under Paragraphs 5.04,A,3 through 5,04, A,6 of
the General Conditions which shall also include completed operations and product
liability cove-rage,
a. GENERAL AGGREGATE 3,000,000M
b, Products-Completed
Operations Aggregate $ 3,000,000,00
C. Personal and Advertising
d, Each Occurrence
(Bodily Injury and
Property Damage) $ 1,000,000.00
e. Cove-rage will include:
I. Premises- Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
5 Products and Completed Operations
Section 00810-e Edition
Supplementary Conditions to the General Conditions
Page 4 of 12
-7
& Broad Pour Property Damage will include explosion,
collapse,blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04,A,6 of the General Conditions:
a, Bodily Injury:
Each Person $ 500,000.00
Each Accident $ 1,000,000,00
Property Damage:
Each Accident $1,000,000M
(Or)
b. Combined Single Limit $ 1,000,000.00
Coverage to Include
1. All Owned
2. Hired
3, Non-Owned
4, Contractor's Liability Insurance under 5.04.A.3 through 5.04,A,6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000,00.
Deductible not to exceed $5,000.00 per occurrence on property damage.
5. Add a new paragraph at the end of Paragraph 5-04.13. 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.B,4. of the
General Conditions shall provide coverage for not less than the following
amounts,.
Each Occurrence $_1,000,000.00
Aggregate 3,000,000.00
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 5 of 12
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 A 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 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color,
religion, creed, sex, age,marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability in the performance of work performed for the city of
Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S
employees and to all subcontracts it enters into in performance of the agreement with the city of
Bozeman.
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
(Contractor)
By VW��
Title
Montana Contractor Registration Number °
SEAL AND ATTEST.
City of Bozeman
(fawner)
By
Title City Manager
r
a
SEAL A `ATTEST
ByJ
Title I erl
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):
D L M Contracting, Inc. North American Specialty Insurance Company
2066 Stadium Drive, Suite 201 475 North Martingale Road, Suite 850
Bozeman, MT 59715 Schaumburg, IL 60173
OWNER(Name and Address):
City of Bozeman
20 E Olive
Bozeman, MT 59771
CONTRACT
Effective Date of Agreement:
Amount: $9,700.00 Nine Thousand Seven Hundred Dollars and 00/100
Description(Name and Location): WTP Valve Replacement Project, Bozeman, Montana
BOND
Bond Number: 2176528
Date(Not earlier-thaq Effective Date of
Agreement): i Z
Amount: $9,700.00 Nine Thousand Seven Hundred Dollars and 00/100
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 Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
D L M Contracting, Inc, (Seal) North American Specialty insurance Company (Seal)
Contractor's Name and Corporate al Surety's Name and Corporate Seal
By: 6 :u ;1A.
4k�ro- -Po
Signature Signature(Attach wfr of Attorney)
A� -�p
A SEAL ;-gi
Naomi Gerber
E V)i14r�Pn tg�,-
Print Name Print Name
�dy
till]
Xp�
Attorney-in-Fact
Ti Title
Attest,, Attest:
Fi g n a e
S ig n a re�
{t 4Iat i1 Z,
Bob Borsvold Witness
Title Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
EJCDC 0-610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee,
Page I of 1
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
2. Deny liability in whole or in part and notify Owner citing reasons therefor.
4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be
deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to
Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce
any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the
payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be
entitled to enforce any remedy available to Owner.
5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under
Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those
of Contractor under the Contract,, and the responsibilities of Owner to Surety shall not be greater than those
of Owner under the Contract. 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 or2
5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;
5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and
resulting from the actions of or failure to act of Surety under Paragraph 3; and
5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance of Contractor.
6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated 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 famished 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 TelephonefayneWest Insurance, Inc.
Surety Agency or Broker: 2323 2nd Ave. North, Billings, IVIT 59107
Owner's ReLresentative(Engineer or other pyLty):
EJCDC 0-610 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
D L M Contracting, Inc. Business):.
2066 Stadium Drive, Suite 201 North American Specialty Insurance Company
Bozeman, MT 59715 475 North Martingale Road, Suite 850
OWNER(Name and Address): Schaumburg, IL 60173
City of Bozeman
20 E Clive
Bozeman, MT 59771
CONTRACT
Effective Date ofAgreement: i lz 11
Amount: $9,700.00 Nine Thousand Seven Hundred Dollars and 001100
Description 'Name and Location):WTP Valve Replacement Project, Bozeman, Montana
BOND
Bond Number: 2176528
Date(Not earlier than Effective Date of
Agreement): i 2 Z.T
Amount: $9,700.00 Nine Thousand Seven Hundred Dollars and 001100
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
D L M Contracting, Inc. ; _ (Seal) North American Specialty Insurance Company (Seal)
�Coutractor`s gmt d orp to Seal Surety's Name and Corporate Seal
Signature Signature(Attach Power of Attorney)
"" � a' ll ItxUL l ae�tiu►����rrr�rrir Naomi Gerber
Print Name Print Name
( S
F L
ME
Attorney-in-Fact
Title ,, &►„gs ,..�`�itle Title_ r,,rrrr�r°"�iurtitt,"°>>o
Attest. � �� Attest:
SigiQu a Signatu
Bob Borsvoid Witness
Title Title
Note: Provide execution by additional parties,such as joint venturers, of necessary.
(MW001504;1) EJCDC C-615(A)Payment Bond March 1008
Prepared by the Engineers Joint Contract Documents Committee,
Page 1 of 3
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
in the performance of the Contract,which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and
2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging
non-payment by Contractor by any person or entity who fumished 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 famished 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 famished 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.
S. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is
sufficient compliance.
6. Reserved.
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.
S. 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.
IMNV001504;11 EJCDC C-615(A)Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents committee.
Page 2 of 3
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 famish 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 Yelephonep P st insurance, Inc,
Surety Agency or Broker: 2323 2nd Ave. North, Billings, M 591 7
Owner's Representative ffqgineer or other):
IMWO01504;1) EJCDC C-615(A)Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 3 of 3
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance
Company,a corporation organized and existing under the laws of the State of Now Hampshire and having its principal office in the City of Schaumburg,
Illinois each does hereby make,constitute and appoint: Naomi Gerber
Its true and lawful Attomey-in-Fact,to make,execute,sea]and deliver,for and on its behalf and as its act and deed,the following surety bond:
Principal: D L M Contracting,Inc. Bond Number:2176528
Obligee: City of Bozeman Bond Amount: See Bond Form
Bond Description-, WTP Valve Replacement Project,Bozeman, Montana
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of.
FIFTY MILLION($50,000,000)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on
the 9th of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in
the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is
authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
will
9,�4Z
%spAury/, V?/, 6
4 By A
p
Steven P.Anderson,Senior Vice President of Washington international Insurance Company
01pol 6-!��-
,VS &Senior Vice President ofNoMh American specialty Insurance company S
fife, SEAL
1973
By
David K Layman,Vice President oWashinglon International Insurance Compoiny
Slq
0
V111ill'i ON: &Vice President ofNarth American Specialty Inslimance Compary
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 25th day of_.May 2012.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this-25th day of May...........— 20 12 ,before me,a Notary Public personally appeared _. Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Lam
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally
known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said
instrument to be the voluntary act and deed of their respective comnanies,
"OFFICIALSEAL11
DONNAD.SKLENS
Notary Public.State of Illinois Donna D.Sklens,Notary Public
my commission%Phs l0,06,20151
1, feffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
, -
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this Z,3 day of f?''?r 20_a .
Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company
Assistant secretary of North AmericamSpilicialty Insurance company
I tit 11 1
DLMCONT-02 SMEYERS
, t
DATE 1 Y,ERTIFICAT OF LIABILITY INSURANCE 11/2612013
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
NAME:
Billings-2nd Ave.Office PRONE — PAX -
Paynewest Insurance,Inc. _(ABC,No Extg(406)238.1900 (ArC,Nnl
P.O.Box 30638 E-MAIL
Billings,MT 59107-0638 _ADDRESS:
INSURERS)AFFORDING,COVERAGE NAIC#
_ww-
INSURER A Cincinnati Insurance Companies 10677
INSURED _ ......m_ ........... ......._..
INSURER B
D L M Contracting Inc. .,INSURERC
2066 Stadium Drive,Suite 201 INSURER D
Bozeman,MT 59715-3335 INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ......_ ........Y.....-._ A[JDL
....... _POLICY EFF POLICY EXP '.' -...-- ---_.._.......... ._.
LTR TYPE OF INSURANCE ...._,_....
POLICY NUMBER fdMBDD/YYYY MM1DDfYYW LIMITS
GENERAL LIABILITY
_........ EACH OCCURRENCE $ 1,000,00
15ATfAGE 7`OIRERTEt7
• X COMMERCIAL GENERAL LIABILITY X. CPP1060195 71112013 711/2014 PREMISES(Ea occurrence ... ......$ 500,00
CLAIMS-MADE I X OCCUR ..
MED EXP(Any one person! $ 10,000
X PD Ded:1,00' _ .... PERSONAL&AOV INJURY $ 1,'000,000
_.... ..... GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000
POLICY X LOG $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
1,000,00
• X ANY AUTO CPP1060195 71112013 711/2014 BODILY INJURY(Per person) $
ALLOWNED L SCHEDULED .--..-.._--- ._ ..........
AUTOS AUTOS BODILY INJURY(Per accident) $
NON-OWNED PR®PERTY OAMAGE HIRt<DAUTOS AUTOS {peraccident)�,_m $
X Drive Oth Car $
..,...,.... UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ ....5,000,000
A EXCESS LIAR CLAIMS-MADE CPP 060195 711112013 71112014 AGGREGATE $ 5,000,00
DIED X RETENTION$ $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS"UAalLITY YIN TDQRYiWTS -E.R .
ANY PROPRIETORIPARTNER/EXECUTIVE r7 E.L.EACH ACCIDENT' $
OFFICERIMEMBER EXCLUDED? N/A
.._..... .. ..—
(Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ . .. ....
If yas.,describo under -°-- -°-°--- ---
DESCRIPTION OF OPERATIONS heCow E.L,DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required)
Additional InsuredlWaiver of Subrogation perform GA233
RE: WTP Valve Replacement Project. Certificate holders include Owner and Engineer and Engineer's consultants.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Bozeman,Engineering Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
G
P t B 1230 ACCORDANCE WITH THE POLICY PROVISIONS..
Bozeman,MT 59771-1230
AUTHORIZED REPRESENTATIVE
Ce31988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
DLMCONT-02 SMEYERS
CERTIFICATE OF LIABILITY INSURANCE
DATE 11126100IY3
11126J2013
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
NAME:
Billings-2nd Ave.Office PHONE _... FAx
Pa neWestlnsurance,Inc. tArg rlo_E�.(406}238"1500 Arc,No
P.O.Box 30638 E-MAIL
_...
Billings,MT 59107-0638 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
... ......... .... _.......... __,..,... __.._... ._....
lNsuRERA State Compensation Ins Fund of T
INSURED INSURER B.
D L M Contracting Inc. INSURER,C
........
2066 Stadium Drive,Suite 201 INSURER D:
Bozeman,MT 59715-3335 -
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF POLICY EXP ------- .....,_ _,..., -- _.�._.
..............
LTR TYPE OF INSURANCE POLICY NUMBER MMIDDlYYYY MMPDDIYYYY LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY DAMAGE-TTREWrb- ....
PREMISES IEa occurrence,
... m......_.,...........—.
.. ... ... CLAIMS-MADE EJ OCCUR MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S
PRO- ........m_..._ __....._.. .. _ ....
PO LICY LOC '$
AUTOMOBILE LIABILITY COMBINED SINGLE Li MIT �..
ANY AUTO BODILY INJURY(Per person) $
........... ........__..
ALL OWNED SCHEDULED (Per accident) S INJURY BODILY
AUTOS AUTOS
. NON-OWNED .�PROPERTY DAM AG�E,......... $.
HIRED AUTOS AUTOS jeer accident)__,__..._.
$
UMBRELLA LIAB ....00CUR EACH OCCURRENCE $
.EXCESS LIAR CLAIMS•MADE AGGREGATE $
OED RETENTION$ $
WORKERS COMPENSATION X WC STATU- 0TH
AND EMPLOYERS'LIABILITY YIN T(7)}Y LI ITS . ER
A ANY PROPRIETORIPARTNERIEXECUTIVE NIA 032581548 713012013 713012014 E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? .......-- -.... ........ -., ---..
(Mandatory in NH) E.L,DISEASE-EA EMPLOYE $ 1,000,000
it yes,describe under .....- __.w. ........._..
DESCRIPTION OP OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00
DESCRIPTION Of OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD get,Additional Remarks Schedule,If more space is required)
Workers Comp Information-ProprietorslPartners[Executive Officers/Members Excluded:Chuck Dearhamer,President and Brad Lewis,Vice President
RE: WTP Valve Replacement Project. Certificate holders include Owner and Engineer and Engineer's consultants.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Bozeman,Engineering Department THE. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
P O Box 1230
Bozeman,MT 59771-1230
AUTHORIZED REPRESENTATIVE
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD