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HomeMy WebLinkAbout16- Contract Agreement - Omdahl Excavation and Utilities - O'Connell Storm Improvements CONTRACT AGREEMENT�' THIS CONTRACT AGREEMENT is dated as of the 0 day of_ in the year 2016 by and between CITY OF BOZEMAN hereinafter called OWNER and Omdahl Excavation & Utilities, INC., hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project Work is generally described as follows: 1.1 Installation of 12"slotted drain, curb inlet and all work incidental to construction. 1.2 Drawing"SDl"detailing the proposed work is attached. 1.3 An email from the City of Bozeman to Omdahl Excavation which further describes the nature of the work is also attached and made part of this agreement. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 calendar days after the date the written notice to proceed is issued. Final payment will be withheld until final completion and acceptance of the work as stipulated in this Agreement. Article 3. CONTRACT PRICE. ti 3.1 OWNER shall pay CONTRACTOR for performance of the Base Bid Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of twelve thousand eight hundred Dollars($12,800). 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. 1 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 in one lump sum payment. 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. 2 6.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further amended by the City of Bozeman Modifications to MPWSS (by reference). 6.4 Notice to Proceed. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the Montana Public Works Standard Specifications, 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 it all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a minimum, call the "One-Call"utility locate system (Phone: 1-800-424-5555)at least 72 hours in advance of starting construction. Where excavation will be required adjacent to existing structures,the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. 7.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways, etc. The CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes, 3 ti 1 curbs and gutters and driveways, and other public or private improvements are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction,the CONTRACTOR shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the CONTRACTOR at his own expense. 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 appropriate road agency and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site or initiate construction until all traffic control provisions are in place and the OWNER has been so notified. 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 thereover. Work performed within property under the OWNERS 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 CONTRACTORS 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 5 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. The City of Bozeman shall be named as additional insured on any insurance certificates. All insurance coverages shall remain in effect throughout the life of the Agreement. Each insurance policy shall contain a clause providing that it will not be cancelled by the insurance company without 30 days written notice to the OWNER and Engineer of intention to cancel. The minimum amounts of such insurance coverages being as per Section SC-5.04, Supplementary Conditions to the General Conditions,Montana Public Works Standard Specifications, Sixth Edition, and included herein: SC—5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.043: C.The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory 6 b.Applicable Federal(e.g.Longshoreman) Statutory c.Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE$ 3,000,000.00 b. Products-Completed Operations Aggregate$ 3,000,000.00 c. Personal and Advertising d.Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1.Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5. Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3.Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: tl a.Bodily Injury: Each Person$ 500,000.00 Each Accident$ 1,000,000.00 Property Damage: Each Accident$1,000,000.00 (or) b. Combined Single Limit$ 1,000,000.00 Coverage to Include 1. All Owned 2.Hired 3.Non-Owned 7 9 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 $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability,Automobile Liability,Excess or Umbrella polices. 6.The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence$ 1,000,000.00 Aggregate$ 3,000,000.00 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, Sixth 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. 8 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. 13.7 CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue,Bozeman, Montana. Article 14. SPECIAL PROVISIONS 14.1 Sidewalks shall be backfilled upon form removal with slopes not to exceed 1:4. Material removed during excavation may be used for backfill. If additional backfill is required the Contractor shall provide clean topsoil. All disturbed areas shall be re-seeded using the following seed mixture at a rate of 30 lbs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 14.2 The sidewalks shall be constructed 5 feet wide with 4" of M-4000 concrete on a minimum of 3" of compacted 1" minus crushed gravel. Sidewalks shall have a 2% downward slope to the top of curb. Sidewalk grades will be transitioned as necessary to match existing sidewalks. All vegetation or other deleterious material shall be removed, and the subgrade compacted, prior to placement of gravel. Additional cut or fill of material to provide for the necessary placement of the gravel base and concrete sidewalk shall be considered an incidental cost. II 9 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. Omdahl Excavation & Utilities, Inc. (Contractor) ro BY 62 ,—C.t,_.-- -614,' -e-r• Title , 24„,._ , v', Montana Contractor Registration Number 3'-7LYo8 SEAL,AND ATTEST: a . ou ,,- i City of Bozeman /� ((Owner)�} BY C 2A;4 `-4 . Title City Manager F �'Ca � SEAL: • AYIEST: o i i ic.(14'. o u t •,,, �k 117=,' ' / J Bye p� - * Title ci o ei c, 8� e e , • 9X11 CO. Ae' 10 11 i, �CDC;..17:=--- J`7 E, ENGINEERS JOINT CONTRACI oucu9ENlS..._ EE_ PERFORMANCE BOND CONTRACTOR(name and address): SURETY(name and address ofprincipal place of business): Omdahl Excavation&Utilities,Inc. The Ohio Casualty Insurance Company 659 Morning Mist Road 62 Maple Avenue Manhattan,MT 59741-8556 Keene,NH 03431 OWNER(name and address): City of Bozeman PO Box 1230 Bowman,MT 59771-1230 CONSTRUCTION CONTRACT Effective Date of the Agreement: January 25,2016 AmOUnt:$12,800(Twelve Thousand Eight Hundred Dollars and 00/100) Description(name and location): OConnell Storm Improvements Project Bozeman,Montana BOND Bond Number: 67S200876 Date(not earlier than the Effective Date of the Agreement of the Construction Contract):January 25,2016 Amount: $12,800(Twelve Thousand Eight Hundred Dollars and 00/100) Modifications to this Bond Form: x None See Paragraph 16 Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Omdah(Eycav\tion&Utilities,Inc. (seal) The Ohio Casualty Insurance Company —(sea/) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal - Hrn _. By: 3 %-> _,_.,-.. Siture. Signature(attach power of attorney) Ar ,j Cirn i ala( Bryan D.Hall Pr int Name ame Print Name ✓f€sbiecL Attorney-in-Fact Fact Title , Title J— fi �AAf estr ,+4- AUA -, ) Attest: igSi Mi toppelSignature I. t Surety Account Manager Title Title ` Notes:(I)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. I! I EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. 1 Page 1 of 3 1. The Contractor and Surety, jointly and severally, bind the Contract Price incurred by the Owner as a result of the themselves, their heirs, executors, administrators, successors, and Contractor Default;or assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 2. If the Contractor performs the Construction Contract, the Surety promptness under the circumstances: and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4.1 After investigation, determine the amount for Paragraph 3. which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to 3. If there is no Owner Default under the Construction Contract,the the Owner;or Surety's obligation under this Bond shall arise after: 5.4.2 Deny liability in whole or in part and notify the 3.1 The Owner first provides notice to the Contractor and Owner,citing the reasons for denial. the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is 6. If the Surety does not proceed as provided in Paragraph 5 with requesting a conference among the Owner,Contractor,and Surety reasonable promptness,the Surety shall be deemed to be in default on to discuss the Contractor's performance. If the Owner does not this Bond seven days after receipt of an additional written notice from request a conference, the Surety may, within five (5) business the Owner to the Surety demanding that the Surety perform its days after receipt of the Owner's notice, request such a obligations under this Bond,and the Owner shall be entitled to enforce conference. If the Surety timely requests a conference,the Owner any remedy available to the Owner. Tf the Surety proceeds as provided shall attend. Unless the Owner agrees otherwise,any conference in Paragraph 5.4,and the Owner refuses the payment or the Surety has requested under this Paragraph 3.1 shall be held within ten (10) denied liability,in whole or in part, without further notice the Owner business days of the Surety's receipt of the Owner's notice. If the shall be entitled to enforce any remedy available to the Owner. Owner,the Contractor,and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction 7. If the Surety elects to act under Paragraph 5.1, 5.2,or 5.3, then Contract, but such an agreement shall not waive the Owner's the responsibilities of the Surety to the Owner shall not be greater than right,if any,subsequently to declare a Contractor Default; those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than 3.2 The Owner declares a Contractor Default, terminates those of the Owner under the Construction Contract. Subject to the the Construction Contract and notifies the Surety;and commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplication for: 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.1 the responsibilities of the Contractor for correction of Contract to the Surety or to a contractor selected to perform the defective work and completion of the Construction Contract; Construction Contract. 7.2 additional legal, design professional, and delay costs 4. Failure on the part of the Owner to comply with the notice resulting from the Contractor's Default, and resulting from the requirement in Paragraph 3.1 shall not constitute a failure to comply actions or failure to act of the Surety under Paragraph 5;and with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety 7.3 liquidated damages, or if no liquidated damages are demonstrates actual prejudice. specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. I 5. When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the following actions: Surety's liability is limited to the amount of this Bond. 5.1 Arrange for the Contractor, with the consent of the 9. The Surety shall not be liable to the Owner or others for Owner,to perform and complete the Construction Contract; obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or 5.2 Undertake to perform and complete the Construction set off on account of any such unrelated obligations. No right of Contract itself,through its agents or independent contractors; action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 10. The Surety hereby waives notice of any change, including performance and completion of the Construction Contract, changes of time, to the Construction Contract or to related arrange for a contract to be prepared for execution by the Owner subcontracts,purchase orders,and other obligations. and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a l I. Any proceeding, legal or equitable, under this Bond may be qualified surety equivalent to the bonds issued on the instituted in any court of competent jurisdiction in the location in Construction Contract, and pay to the Owner the amount of which the work or part of the work is located and shall be instituted damages as described in Paragraph 7 in excess of the Balance of within two years after a declaration of Contractor Default or within EJCDC C-610—Performance Bond Il Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 t two years after the Contractor ceased working or within two years 14.2 Construction Contract: The agreement between the after the Surety refuses or fails to perform its obligations under this Owner and Contractor identified on the cover page,including all Bond,whichever occurs first. If the provisions of this paragraph are Contract Documents and changes made to the agreement and the void or prohibited by law, the minimum periods of limitations Contract Documents. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.3 Contractor Default:Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply 12. Notice to the Surety,the Owner,or the Contractor shall be mailed with a material term of the Construction Contract. or delivered to the address shown on the page on which their signature appears. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived,to pay the Contractor as required under 13. When this Bond has been furnished to comply with a statutory or the Construction Contract or to perform and complete or comply other legal requirement in the location where the construction was to with the other material terms of the Construction Contract. be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 14.5 Contract Documents: All the documents that comprise provisions conforming to such statutory or other legal requirement the agreement between the Owner and Contractor. shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a 15. If this Bond is issued for an agreement between a contractor and common law bond. subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 14. Definitions 16. Modifications to this Bond are as follows: 14.1 Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. EJCDC C-610—Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 THIS,POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.--- - - - - - Certificate No.5873984 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Richard B.Deming;Julie A. Bennett;Tyler P.Delaney;William R.Price; Debbie Duneman;-Donna K.Tucek;.Mark Collins;Bryan D.Hall. - - all of the city of Bozeman - state of MT - - each individually if them be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on Its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of December ,2012 .-- - - >. vs ,, American Fire and Casualty Company w ' 4 / p; The Ohio Casualty Insurance Company N o 1` 19{->( :,t Liberty Mutual Insurance Company m m ` I 1;1 ` I 7 ( ' ;i West American Insurance Company a ce S3 "s Byo -. I® .G a C STATE OF WASHINGTON ss Gregory Davenport,Assistant Secretary - .0 m COUNTY OF KING - - - - c mOn this 1st day of December 2012 before me personally appeared Gregory W. Davenport,who acknowledged himself.to be the Assistant Secretary of American �a Q_ o y Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, aN p_m execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. -- c W `y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. - o a. y � «o Q M c r/l _ n n By:- F/l.JICI�L—. p�'_ e5 at - - KD Riley,Not Public - D mo c m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andAuthorizations of American Fire and Casualty Company,The Ohio Casually Insurance co c, at 1- Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:. - - - .c G. m w _ARTICLE IV—OFFICERS—Reckon 12,Power of Attorney.Any officer or other official Of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject o c r« to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,- Z.v o 5 acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective v.: E cc powers of attorney,shall have full power to bind the_ Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ' d '- executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under :> - Ithe provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.._:. - t v 'rt .c ARTICLE XIII—Execution of Contracts SECTION 5 Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,- .+09 > ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, s p-= seal,acknowledge and deliver as surety anyand all undertakings,bonds,recognizances and other surety obligations. Such attorneys-In-fact subject to the limitations set forth In their c m Z o respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.`When so 3 0 executed such instalments shall be as binding as if signed by the president and attested by the secretary. cTo G . Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such I— attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with -- the same force and effect as though manually affixed.I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and conectcopy ofthe Power of Attorney executed bysaid Companies, Is in full force and effect andhas not been revoked.IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 25 day of January ,20 16 ;; s 'T°;7 r'` ( J "\�, rpt rpt" / `-L tj t < I - y David M.Carey,..‹.- .k.-\'..... ssistant Secretary LMS 12873_092012 - - - - - 35 of 50 .I OMDAH-1 OP ID:JM AcoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD YYY) �-� 01/25/2016 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(les) 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 Jana McMillan First West,Inc. PHONE 406-587.5111 FAX 4 PO Box 1800 (AIC.No.Exp: (A/C,No): 064879162 1905 Stadium Dr ADDRESS:jana@fstwest.com Bozeman,MT 59716 Bryan D.Hall,CIC INSURER(S)AFFORDING COVERAGE NAIL INSURER A:Cincinnati Insurance Company 10677 INSURED Omdahl Excavation&Utilities, INSURER B:Montana State Fund Inc. 669 Morning Mist Rd INSURER C: Manhattan,MT 59741.8556 .INSURER D: 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE Ir SD WVD POLICY NUMBER (MM/DD/YYYYI (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X EPP 0024633 05/15(2015 05(1512016 DAMAGE TU RENTED 500,000 PREMISES(Eaorwnence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X I yr LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO X EBA 0024533 05/15/2015 05/15/2016 BODILY INJURY(Pet person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED (Petr(Pe $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESSLIAB CLAIMS-MADE X EPP 0024533 05/15/2015 05/15/2016 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X MUTE STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 032643520 07/01/2015 07/01/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? Y N/A - (MandalorylnNH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLCY LIMIT $ 500,000 A Leased/Rented EPP 0024633 05/15/2015 05(15/2016 Limit 200,000 Ded 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mom space Is required) Byron & Bev Omdahl are excluded from Workers Compensation coverage. 45 Days cancellation notification provided per terms and conditions of policy form IA4087 08-11 available upon request. See page 2 CERTIFICATE HOLDER CANCELLATION CITYBI5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYB15 OMDAH-1 PAGE2 INSURED'S NAME Omdahl Excavation&Utilities, OP ID:JM Date 01/25/2016 Certificate holder engineer and engineer's consultants are additional insured for General Liability, provided requirement is part of a written agreement currently in effect, per conditions and limitations of policy form GA233MT 05-10 available upon request. Certificate holder, engineer and engineer's consultants are additional insured for Auto Liability, provided requirement is part of a written agreement currently in effect, per terms and conditions of policy form AA101 03-06 available upon reuest . Certificate holder engineer and engineer's consultants are additional insured for Umbrella Liability, provided requirement is part of a written agreement currently in effect, per conditions and limitations of policy form US101UM 12-04 available upon request. I I1 OMLP'' . 4f EXCAVATION & UTILITIES, INC. Estimate Date: 12 January 2016 Estimate No. 440-0116 TO: City of Bozeman FR: Omdahl Excavation & Utilities P.O. Box 1230 659 Morning Mist Road Bozeman, MT 59771 Manhattan, MT 59741 Phone: 406-388-0196 RE: O'Connell Storm Improvements We hereby submit the following estimate for the work referenced above. This is an estimate and not intended to form a contract. If the terms contained in this estimate are acceptable to the customer, a contract must be signed prior to the performance of any work. Omdahl Excavation & Utilities, Inc. to provide all equipment, labor and materials necessary for the following: • • Installation of 12" slotted drain pipe and new concrete (includes traffic control) $12,800.00 TOTAL: $12,800.00 Additional work will not be completed without a written and signed Change Order and will become an extra charge over and above the contract amount. Terms: Balance due upon completion and receipt of Invoice. Any unpaid balance after 30 days from the invoice date will incur a late fee at the highest rate allowed by Law. Omdahl Excavation& Utilities, Inc.also reserves the right to file a notice of Right to Olaim a Lien against the property owner(s). In case legal collection procedures are necessary, Omdahl Excavation&Utilities, Inc.is entitled to compensation for any and all attorneys fees and/or court costs involved with collection. NOTE: THIS ESTIMATE MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 10 DAYS. Authorized Signatu e: " l�y1 t - •ah Excavation & Utilities, Inc. Date ACCEPTANCE OF ESTIMATE -The above prices,specifications and conditions are satisfactory and are hereby accepted. Omdahl Excavation& Utilities, Inc.will submit a contract for signature(s)upon acceptance and receipt of this estimate. Authorized Signature: l - � J V City of Bozeman- Representative Date ij O 406.388.0196 F 406.388.0844 E orndahlclatintcom 659 MORNING MIST RD.I,MANHATTAN, MT 59741"" OCONNELL STORM IMPROVEMENTS DUNEMAN CONSTRUCTION, INC. 8670 TROOPER TRAIL BOZEMAN,MT.59715 Contact: KEITH DUNEMAN Phone: 406-580-2056 Fax: Quote To: KELLEN GAMRADT Job Name: CITY OF BOZEMAN Date of Plans: Phone: Revision Date: Fax: EXCLUDES CONCRETE TESTING ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 101 Mobilization. 1.00 LS 975.00 975.00 102 Traffic Control 1.00 LS 850.00 850.00 103 Erosion Control 1.00 LS 400.00 400.00 104 Saw Cutting L00 LS 200.00 200.00 105 Asphalt Remove&Dispose 5.00 TN 78.00 390.00 106 Concrete Removal&Disposal 5.00 TN 78.00 390.00 107 Furnish&Install Drainage Pipe 52.00 LF 72.50 3,770.00 108 Furniah&Install Curb Inlet 1.00 EA 1,450.00 1,450.00 109 Concrete Valley Gutter/Curb&Sidewalk 1.00 LS 4,400.00 4,400.00 GRAND TOTAL $12,825.00 NOTES: Page 1 of 1 3 Kellen Gamradt From: Chad Krull [ckrull@contourexc.com] Sent: Monday, January 11, 2016 1:22 PM To: Kellen Gamradt Subject: Re: Project Kellen, As requested we have put together a bid price for the job on Oconnell Drive. The estimate is $11,900 for job to be completed as asked. We would need a lead time of at least 6 weeks to get the pipe ordered and brought in. We appreciate you for considering us and look forward to working with you. If you have any questions feel free to call. Thanks Contour Inc. On Tue, Jan 5, 2016 at 3:58 PM,Kellen Gamradt<KGamradt@bozeman.net>wrote: Chad, The drawing is attached. Include in your bid: Traffic control All material, labor, and equipment to complete the work Replacement of concrete curb and sidewalk as needed Heat and cover if temperatures drop below 15 degrees within 3 days of a concrete pour I want the work completed within 1 month of notice to proceed (probably February work) Let me know if you have any questions or see any issues with the design. The proposed alignment of the slotted drain provides at least a 5% straight slope to the south. Kellen Gamradt Engineering Inspector,P.E. City of Bozeman-Public Works11 20 E.Olive Street 1 4