Loading...
HomeMy WebLinkAbout16- Duneman Construction, INC CONTRACT AGREEMENT THIS CONTRACT AGREEMENT is dated as of the 7 day of March in the year 2016 by and between CITY OF BOZEMAN hereinafter called OWNER and Duneman Construction, INC., hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article I. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project Work is generally described as follows: 1.1 Excavation of topsoil in the landscaped island on the southwest corner of Baxter and N. 7'h Avenue as described in the contract drawings. 1.2 Installation of two 60-inch diameter manholes 1.3 Installation of 24" CMP and HP Storm pipe 1.4 Installation of 6"minus cobble backfill 1.5 Site stabilization, cleaning, and other miscellaneous tasks incidental to construction and as called out in the contract drawings. Article 2. CONTRACT TIME. ii 2.1 The Work will be completed within 60 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 Base Bid Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Ten Thousand Three Hundred Fifty Dollars($10,350 ). o- 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. CONTRACTORS 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 1 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 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 3 CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes, 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 OWNER'S jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. Article 10 STATE LAWS AND REGULATIONS. 10.1 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. 10.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder's Certificate of Contractor's Registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) 10.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) in accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. 10.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in force in Montana and to the responsibility of the OWNER for the collection of premiums thereunder. The CONTRACTOR'S compliance with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have ry 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 5.04.B: 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 6 N 1 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: I. 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: 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 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. 9 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Duneman Construction, Inc. � (Con�tractor) By /1 - Title -Vg-4-,:s. ,n e.o Montana Contractor Registration Number \ i g 2- SE _ _ D A�T: �44y.�M®o PATTY M@qR€ fit 1°" -e NOTARY PUBLIC for the SEAL' State of Montana . " Residing at Bozeman,Montana 't,+ 4 ,,,y My Commission Expires August2, 2019 City of Bozeman (Owner) t"t - By Title City Manager OPpm SEAL AND ATTEST:* * po r' ' ByA.'t fl �►�dc` O 4 vA Title City tl<='>"� 108,3) °o. 1vtot�\� 10 4 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 Duneman Construction, Inc. Business): Travelers Casualty and Surety Company 8670 Trooper Trail of America Bozeman, MT 59715 One Tower Square Hartford, CT 06183 OWNER(Name and Address): City of Bozeman, Montana P.O. Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: March 7, 2016 Amount:$10,350.00 (Ten Thousand Three Hundred Fifty Dollars and 00/100) Description(Name and Location): Excavation of topsoil in the landscaped island on the southwest corner of Baxter and N. 7th Avenue BOND Bozeman, Montana Bond Number:106358963 Date(Not earlier than Effective Date of Agreement)March 7, 2016 Amount:$ 10,350.00 (Ten Thousand Three Hundred Fifty Dollars and 00/100) Modifications to this Bond Form: Page 3 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 uu , SURETY y 1<}() ,'Travelers Casualty and Surety Duneman Construction, Inc. ,' (Seal)-c,- �ompany of America (Seal) Contractor's Name and—e..orate Seale" Surety s nd C ate Seal By: � - By:, Signature /' '• ‘` Signature(Attach Power of Atto /llliliiiie K3-s Tw G.. eu 3 mew n 7 Richard B. Deming j PrintntName Print Name g'p y, nx,,,a j' Attorney-in-Fact Title Titl tt Attest: � :,__ Y Attest: / ignature p Signature marc stoppel 1GK'S 6 6-t-5 e }:T,a_,,,�-7-- Surety Account Manager Title Title I Note: Provide execution by additional parties,such as joint venturers, ifnecessary. �p (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee Page l ot'3 S-71401GE 4100 XDP 9 1.Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2.2 Defends,indemenifies,and holds harmless Owner from all claims, demands, liens,or suits alleging non- payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands,liens,or suits to Contractor and Surety,and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly,for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety(at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserverd. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants,or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {MWOO1504p} EJCDC C-615(A)Payment Bond March 2006 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5-7148/GE 4/08 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders,and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date(1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of(1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15.Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor,to furnish labor,materials,or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms`labor,materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials,or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner,which has neither been remedied nor waived, to pay Contractor as required by the Contract,or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY-(Name,Address and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other): First West, Inc. 1905 stadium Drive Bozeman, MT 59715 406-587-5111 (MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 ora 5-7148/GE 4/06 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) Duneman Construction, Inc. Travelers Casualty and Surety Company 8670 Trooper Trail of America Bozeman, MT 59715 One Tower Square OWNER(Name and Address): Hartford, CT 06183 City of Bozeman, Montana P.O. Box 1230 Bozeman, MT 59771-1230 CONTRACT Date: March 7, 2016 Amount: $10,350.00 (Ten Thousand Three Hundred Fifty Dollars and 00/100) Descriptions(Name and Location): Excavation of topsoil in the landscaped island on the southwest corner of Baxter and N. 7th Avenue BOND eman, Montana '.. Bond Number: 106358963 ', Date(Not earlier than Contract Date):March 7, 2016 Amount: $10,350.00 (Ten Thousand Three Hundred Fifty Dollars and 00/100) Modifications to this Bond Fonu: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. CONTRACTOR AS PRINCIPAL v.'S'V\CQjt /c,SURETY Company Duneman Construction>,I)rc,...••••. % , ')Travelers Casualty and Surety Signature: — r• (Seal)^,.'f ( • Company of Americ-. (Seal) Name and Title: ' ' Sueety's Viand C. .o'<h , i r9 � —sByr .ct x' f QIP ta-fr rir.-� ��� ^\\Signature an.Title Richard ming /' l'-' 1\1\' )\.\\‘' i I\�s\\ (Attach Power of Attorney)Attorne, n-Fact (Space is provided below for signatures ofar parties,if required.) y , Attest: Signature and Title Marci Stoppel Surety Account Manager CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title EJCDC No.C-610(2002 Edition) Originally prepared through the joint efforts of Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. S-7021/GEEF 7/03 FRP 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6.After Owner has terminated Contractor's right to complete the Contract,and if executors,administrators,successors and assigns to the Owner for the performance Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities of the Contract,which is incorporated herein by reference. 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 2.If Contractor perforans the Contract,Surety and Contractor have no obligation under the Contract. To a limit of the amount of this Bond, but subject to under this Bond,except to participate in conferences as provided in Paragraph 3.1. by Owner of the Balance of the Contract Price to mitigation of costs and damages the Contract,Surety is obligated without duplication for: 3.if there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1 The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety at the addresses described in completion of the Contract; Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with 6.2 Additional legal, design professional and delay costs resulting from Contractor and Surety to be held not later than fifteen days after receipt of Contractor's Default,and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract. If Owner, Surety under Paragraph 4;and Contractor and Surety agree,Contractor shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive Owner's 6.3 Liquidated damages, or if no liquidated damages are specified in the right,if any,subsequently to declare a Contractor Default;and Contract, actual damages caused by delayed performance or non- performance of Contractor. 3.2 The Owner has declared a Contractor Default and fomnally terminated Contractor's right to complete the Contract.Such Contractor Default shall 7.Surety slmll not be liable to Owner or others for obligations of Contractor that not be declared earlier than twenty days after Contractor and Surety have unrelated to the Contract, and the Balance of the Contract Price shall not be received notice as provided in paragraph 3.1;and or set off on account of any such unrelated obligations. No right of action shall accrue an this Bond to any person or entity other than Owner or its heirs,executors, 3.3 The Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. The Surety in accordance with the tens ofthe Contract; 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders and other obligations. 2. Another contractor selected pursuant to paragraph 4.3 to perfonn the Contract. 9.Any proceeding, legal or equitable, under this Bond may be instituted in any of competent jurisdiction in the location in which the Work or part of he Work is 4.When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly located and shall be instituted within two years after Contractor Default or within and at Surety's expense take one of the following actions: two years after Contractor ceased working or within hvo years after Surety refuses fails to perform its obligations under this Bond, whichever occurs first. If the 4.1 Arrange for Contractor,with consent of Owner,to perform and complete provisions of this paragraphs are void or prohibited by law,the minimum period of the Contract,or limitation available to sureties as a defense in the jurisdiction of One suit shall be applicable. 4.2 Undertake to perform and complete the Contract itself,through its agents or through independent contractors;or 10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable Owner for a contract for perfomtance and completion of the Contract, II.When this Brand has been finished to comply with a statutory requirement in arrange for a contract to be prepared for execution by Owner and the location where the Contract was to be performed, any provision in this Bond contractor selected with Owner's concurrence, to be secured with conflicting with said statutory or legal requirement shalt be deemed deleted performance and payment bands executed by a qualified surety equivalent and provisions conforming to such statutory or other legal requirement shill be to the Bonds issued on the Contract, and pay to Owner the amount of deemed incorporated herein.The intent is that this Bond shall be construed as a damages as described in paragraph 6 in excess of the Balance of the statutory brand and not as a common law bond. Contract Price incurred by Owner resulting from Contractor Default;or 12.Definitions. 4.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness tender the circumstances; 12.1 Balance of the Contract Price. The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, 1. After investigation,determine the amount for which it may be liable including allowance to Contractor of any amounts received or to be to Owner and,as soon as practicable after the amount is determined, received by Owner in settlement of insurance or other Claims for damages lender payment therefor to Owner;or to which Contractor is entitled,reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 12.2 Contract:The agreement between Owner and Contractor identified an the signature page,including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable pronnpmess,Surety shall be deemed to be in default on this Bond 15 days after 12.3 Contractor Default:Failure of Contractor,which has neither been remedied receipt of an additional written notice from Owner to Surety demanding that Surety nor waived, to perform or otherwise to comply with the terms of the perform its obligations under this Bond,and Owner shall be entitled to enforce any Contract. remedy available to Owner.If Surety proceeds as provided in Paragraphs 4.4,and Owner refuses the payment tendered or Suretyhas denied liability, whole or in p y in12.4 waved Default:yon Failure of Owner,ed by has neithertrabeenr to remedied nor part,without further notice Owner shall be entitled to enforce any remedy available waived,to pay Contractor as required by the Contract or penton and to Owner. complete or comply with the other terns thereof. FOR INFORMATION ONLY-Name,Address and Telephone I'8%Rat' Surety Agency or Broker First West, Inc. Owner's Representative(engineer or other party) 1905 Stadium Drive Bozeman, MT 59715 406-587-5111 S-7021/GEEF 7103 _,. A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 22947 I Certificate No. 006 3 14 663 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Richard 13. Deming,Julie A.Bennett,Tyler P.Delaney,Deborah L. Duneman,Mark Collins, Bryan D. Hall,and Marc'Stoppel of the City of Bozeman ,State of Montana ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Comp niessave caused this instrument to be signed and their corporate seals to be hereto affixed,this 29th M201 day of y Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company • Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company a A F`,� c by O ;;;;„1 'st 1NSU9 cF �pbgtYY ��y. woQ .....9 jjjj�iP... q y 6 `wcmIEO . j, �e00.VOflA>i:�'�, 1W�'otAr'v `0a 5 1977 $ 1 ` d n + ^t I tri eyt a ' st bC �i y k [k�^o �s SEAL/o s'vSERL,;3°i �,y`` `$i+ 7896�p ode '3� F+� �0�8 T`- s � ! ' AIN L State of Connecticut By: //Y' :I/3 City of Hartford ss. Robert L.Raney, enior Vice President On this the 29th day of May 2015 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TL7 In Witness Whereof,I hereunto set my hand and official seal. 'TII1 % !MA. a • i.ai� My Commission expires the 30th day of June,2016. O PUMA * Marie C.Tetreault,Notary Public Cs 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER R. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER _ m This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy i thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking LI shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice t President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the ICompany's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is , FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. (, I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing , 1 is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 7 day of March ,2016 . I Kevin E.Hughes,Assistant S tary e � . ry�,.,. III- `. �(OypF IftA4 �„Ki C x. HRf fiH Q\111..�'�S/iq ;�IX54/�gsf` epi\Y 4H06 tY�51NfA.q Q�rY"�/ O�5 8 r ip , tMrfa p en--41", +�n--4� Q 69 / e �I I j 197r ,�Wfl > ht. , RYOP4l'T I 19 a - / ^z - m HARTFORD. 3 iq$ QU ;�> i 1951 ��" 5EALo' MK e lass bb:.• 1+. b0�' 1¢r s' s A �c x o ALM 8 ,,,,,! o m (l \ �'R�NCf ter JS......1}�d b( 1pip V 844 Ty { To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the g above-named individuals and the details of the bond to which the power is attached. 9 k' " 1 CC i It WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER -._ - — — r i•-� DUNECON-01 SDIEHL ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) `--'' 3/2/2016 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(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: First West,Inc. PHONE FAX P.O.Box 1800 we NoEat):(406) 587-5111 (aqNn) (406)587-91.62 Bozeman,MT 59771 EMAIL ADDRESS:sdiehl@lstwestinsurance.com INSURER(S)AFFORDING COVERAGE NAIC I/ INSURER A:Cincinnati Insurance Company 10677 INSURED — - _ INSURER B;Montana State Fund Duneman Construction,Inc. INSURER C. 8670 Trooper Trail INSURER D: Bozeman,MT 59715-8076 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 TYPE OF INSURANCE ADMSUeR - - POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE rxl OCCUR X EPP 0069979 03/27/2015 03/27/2016 PREMISES(Ea occurrence) $ 500,000 MED EXP(My one person) $ 10,000 PERSONAL 8(ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X zze r I LOC PRODUCTS COMP/OP AGG $ 2,000,000 OTHER: Emp Ben. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i$ 1,000,000 (Ea accident) A X ANY AUTO EBA 0069979 03/27/2015 03/27/2016 BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ • AUTOS _ AUTOS ANON-OWNEDSP_(Per PROPERTY • HIRED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB CLAIMS-MADE EPP 0069979 03/27/2016 03/27/2016 AGGREGATE $ 4,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 033131913 10/31/2015 10/31/2016 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N N/A - ---(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ' If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Rennrks Schedule,may be attached if more space is required) Re: Baxter&N.7th Road Island Excavation Certificate holder is additional insured for General Liability provided requirement is part of a written agreement currently in effect per the conditions and limitations of policy form GA233MT 06.10,available upon request. • • • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE !�/f['rRGr/// ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ( t:M Cn •r Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineering Inspector Kyle Mehrens, Stormwater Program Coordinator SUBJECT: Contract Agreement for Installation of Storm Drainage Improvements at Baxter Lane and North 7th Avenue RECOMMENDATION: Authorize the City Manager to sign a contract with Duneman Construction, Inc. for installation of storm drainage improvements at Baxter and 7th. BACKGROUND: The landscaped island at the southwest corner of Baxter and 7th currently conveys storm water runoff from North 7th Avenue and West Oak Street. This is an open ditch conveyance which routinely floods during heavy rain events. The proposed improvements include: installing perforated pipe across the landscaped island and backfilling the existing depression with free-draining cobble. The objective of this project is to create an infiltration basin and to eliminate flooding in this area. The North 7th TIF Board and the water conservation department have also been involved with this project and will facilitate landscaping the island once this project is completed. Two bids were obtained for this project in order to meet the city's purchasing policy of at least 2 written quotes for services totaling between$5,000 and $79,999. Duneman Construction provided the low bid with a total price of$10,350. Omdahl Excavation submitted the second bid with a total price of$13,960. UNRESOLVED ISSUES: None ALTERNATIVES: Disapprove FISCAL EFFECTS: The costs of this project will be paid for with approved funding from the FY16 Storm Water Fund. Attachments: Contract Agreement, Contractor's Bond, Contractor's Insurance, Contractor's Bids Report compiled on: 03/03/16