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2015 CITY OF BOULDER - THINK ONE CITY OF BOULDER RECEIVED CITY OF BOULDER APR 14 2015 REQUEST FOR ACTION Type of Action Requested: Application for Permit for the excavation of streets, alleys and roadways Cost of issuing the permit $40.00 Cost of inspection $30.00 The following information must be completed for consideration by the City of Boulder. The applicant must submit an accurate and complete written application for the excavation of streets, alleys and roadways. All applications for use permits must be in compliance with Ordinance#2009-03; and information clearly states how the conditions for the use will be met. Each request will require an application fee as set by the Boulder City Council. Until all applicable fees and charges have been paid in full, no action may be taken on any application or appeal. Before cutting through or tearing open the surface of any street, alley or other roadway in the City,without first complying with the conditions set forth in Ordinance#2009-03, a person must submit a completed application form to the City of Boulder, with all of the required information. The application shall include such other information as may be required by the City Administrator to determine conformance with the Ordinance. An indemnity and performance security bond included with application in the sum of two thousand dollars($2,000.00)payable to the City 1 h ln� C f+ i 1C K3 S\f Cat- 'il(� 1� \ �t 114 - A certificate of insurance or its equivalent included with application pr'e*iding for public liability coverage in the sum of seven hundred fifty thousand dollars ($750,000.00) for each person,and an aggregate sum of one million five hundred thousand dollars ($1,500,000.00) for more than one person on account of any one accident, and fifty thousand dollars(50,000.00) for property damage Applicant: `�� Mailing Address: L Phone Number: (Office) (Cell) City property affected by this requesdlocationladdress: 304 North Main Street (406)225-3381 phope P.O.Box 68 (406) 225-9498 FAX Boulder,Montana 59632 CITY OF BOULDER Page 2 Reason for the Request(Applicant stat what the applicant wants to do): e� o Purpose for which street/al ey is to.be cut through or broken open: Timeline to accomplish work: ) ZQ 'l ' .�l'zr� Other evidence you wish to have considered with this request(Attach): Requests for action must be submitted to: City of Boulder, PO Box 68, Boulder, MT 59632. Requests shall be specified on this form identifying action requested and grounds thereof. Any additional exhibits the applicant wishes to have considered will also be submitted with this form. City of Boulder will conduct on site inspections as warranted by the application. Applicant Name: 1A Signature ���� Applicant Name: Signature ' RECOMMENDATION: Approval by Public Works Director: /J(// Date Based upon the review of the Request for Action, the Mayor/City Administrator grants the request. Dated this .7Y' day of 4404 � 2015. Mayor/City Administrator 304 North Main Street (406) 225-3381 phone P.O.Box 68 (406)225-9498 FAX Boulder,Montana 59632 AM Document A312 Performance Bond NMT1011 Conforms with the American Institute of Architects,AIA Document A312. Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): ThinkArle Construction Management, LLC Merchants National Bonding, Inc. 101 E.Main-Studio One 2100 Fleu Drive, Des Moines, IA 50321-1158 Bozeman, MT 59715 OWNER(Name and Address): Jefferson County Board of County Commissioners P. O. Box H Boulder, MT 59632 CONSTRUCTION CONTRACT Date: April 16,2015 Amount: $739,500.00(Seven Hundred Thirty Nine Thousand Five Hundred Dollars and no/100) Description(Name and Location): Jefferson County Clerk&Recorder Annex Boulder, MT BOND Date(Not earlier than Construction Contract Date): April 16, 2015 Amount:$739,500.00(Seven Hundred Thirty Nine Thousand Five Hundred Dollars and no/100) Modifications to this Bond: ❑X None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company:ThinkOne Construction (Corporate Seal) Company:Merchant National Bonding, M men t, LLC Inc. Signature: Signature: Name and T le: % Name and Title: Richard B. Deming,Attomey-in-F (Any additi ignatures appear on page 2.) (FOR INFO TION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or OKER. First West, Inc. party):Schlenker&McKittrick Architects, P.C. P. O. Box 1800, Bozeman, MT 59771 2625 Winne Avenue, Suite 1 406-587-5111 Helena, MT 59601 1 The Contractor and the Surety,jointly and severally, bind themselves, perform the Construction Contract, but such an agreement shall their heirs,executors,administrators,successors and assigns to the Owner for not waive the Ownces right, if any, subsequently to declare a the performance of the Construction Contract, which is incorporated herein Contractor Default;and by reference. 3.2 The Owner has declared a Contractor Default and formally 2 If the Contractor performs the Construction Contract,the Surety and the terminated the Contractor's right to complete the contract. Such Contractor shall have no obligation under this Bond,except to participate in Contractor Default shall not be declared earlier than twenty days conferences as provided in Subparagraph 3.1. after the Contractor and the Surety have received notice as provided in Subparagraph 3.1;and 3 If there is no Owner Default,the Surety's obligation under this Bond shall arise after: 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the 3.1 The Owner has notified the Contractor and the Surety at its address Construction Contract or to a contractor selected to perform the described in Paragraph 10 below that the Owner is considering declaring Construction Contract in accordance with the terms of the contract a Contractor Default and has requested and attempted to arenge a with the Owner, conference with the Contractor and the Surety to be held not later than 4 When the Owner has satisfied the conditions of Paragraph 3, the fifteen days after receipt of such notice to discuss methods of performing Surety shall promptly and at the Surety's expense take one of the the Construction Contract. If the Owner, the Contractor and the Surety following actions: agree,the Contractor shall be allowed a reasonable time to SURETY 6026(6-92) Page 1 of 2 S-1852/GE 10199 g XDP 4.1 Arrange for the Contractor,with consent of the Owner,to perform and 7 The Surety shall not be liable to the Owner or others for obligations of complete the Construction Contract;or the Contractor that are unrelated to the Construction Contract, and the 4.2 Undertake to perform and complete the Construction Contract itsel& Balance of the Contract Price shall not be reduced or set off on account of though its agents or through independent contractors;or any such unrelated obligations.No right of action shall accrue on this Bond 4.3 Obtain bids or negotiated proposals from qualified contractors to any person or entity other than the Owner or its heirs, executors, acceptable o the Owner for a contract for performance and completion of administrators or successors. the Construction Contract, arrange for a contract to be prepared for 6 The Surety hereby waives notice of any change,including changes of execution by the Owner and the contractor selected with the Owner's time, to the Construction Contract or to related subcontracts, purchase concurrence,to be secured with performance and payment bonds executed orders and other obligations. by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in 9 . Any proceeding,legal or equitable,under this Bond may be instituted Paragraph 6 in excess of the Balance of the Contract Price incurred by the in any court of competent jonsdtction m the locetion in which the work or Owner resulting from the Contractor's default;or pan of the work is located and shall be instituted within two years after Contractor Defair or with in two years after the Contractor ceased working 4.4 Waive its right to perform and complete,arrange for completion,or or within two years after the Surety refuses or fails to perform its obtain a new contractor and with reasonable promptness under the obligations under this Bond,whichever occurs fast.If due provisions of this circumstances: Paragraph are void or pro hibited by law,the minimum penod of limitation available o sureties as a defense in the jurisdiction of the suit shall be .1 After investigation, determine the amount for which it may be applicable. liable to the Owner and,as soon as practicable after the amount is determined,tender payment therefor to the Owner,or 10 Notice to the Surety,the Cramer or the Contractor shall be mailed or .2 Deny liability in whole or in put and notify the Owner citing delivered to the address shown on the signature page. reasons therefor. 11 When this Bard has been fumishedto comply with a statutory or other legal requirement in the location where the construction was to be 5 If the Surety does not proceed as provided in P ph 4 with ppeerrfformed, any provision in this Bond conflicting with said statutory or reasonable promptness,the Surety shall be deemed to be i�ault on this legal requirement shall be deemed deleted herefrom and provisions Bond fifieert days cutter receipt l an additional written notice from the conforming to such statutory or other legal requirement shall be deemed Owner to the Surety demanding that the Surety perform its obligations incorporated herein. The intent is that this Bond shall be construed as a under this Bond, and the Owner shall be entitled to enforce any remedy statutory bond and not as a common law bond. available to the Owner.If the Surety proceeds as provided in Subparagraph 12 DEFINITIONS 4.4,and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 12.1 Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the Construction Contract after all 6 After the Owner has terminated the Contractor's right to complete the proper adjustments have been made, including allowance to the Construction Contract,and if the Surety elects to act under Subpuagraph Contractor of any amounts received or to be received by the Owner in 4.1,4.2,or 4.3 above,then the responsibilities of the Surety o fix Owner settlement of insurance or other claims for damages o which the shall not be greater than those of the Contractor under the Construction Contractor is entitled,reduced by all valid and proper payments made Contract,and the responsibilities of the Owner to the Surety shall not be to or on behalf of the Contractor under the Construction Contract. g'e�te�than those of the Owner under the Construction Contract. To the limit of the amount of this Bond,but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on 12.2 Construction Contract:The agreement between the Owner and the Construction Contact,the Surety is obligated without duplication for: the Contractor identified on the signature page,including all Contract 6.1 The responsibilities of the Contractor for correction of defective Documents and nlnanges thereto. work and completion of the Construction Contract; 12.3 Contractor Default:Failure of the Contractor,which has neither 6.2 Additional legal, desii professional and delay costs resulting been remedied nor waived,to perform or otherwise to comply with the from the Contractor's Default,and resulting from the actions or failure terms of the Construction Contract_ to act of the Surety under Paragraph 4;and 6.3 Liquidated damages,or if no liquidated es are specified in 12.4 Owner Default:Failure of the Owner,which r has neither been the Construction Contract, actual damages caused by delayed remedied nor waived, t pay the Contractor as required by the performance or non-performance of the Contractor. Construction Contract or o perform and complete or comply with the Pe -Pe other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company:ThinkOne Construction Company:Merchants National Bonding, Inc. (Corporate Seal) Management, LLC Signature: Signature: Name and Title: Name and Title: Address:101 E. Main-Studio One Address: 2100 Fleu Drive, Des Moines, IA 50321-1158 Bozeman, MT 59715 Page 2 of 2