HomeMy WebLinkAbout83- Big Sky Paving Co. Agreement
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~ AGREEM ENT
THIS AGRF.EMENT, made this 10th day of October , 19 83 . by
and between City of Bozeman , hereinafter called "OWNER"
(Name of Owner), (an Individual)
and Big Sky Paving Company doing business as (an individual,] or (a
partnership,] or (a corporation) hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned:
1. The CONTRACTOR will commence and complete the construction of
Bozeman SID 632 - Schedule I and II
- ._-,_.~"..,,,.,,.~
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the PROJECT
described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT DOC-
UMENTS within seven (7) calendar days after the date of the NOTICE TO PRO-
CEED and will complete the same within sixty (60) calendar days unless the period
for completion is extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CON-
TRACT DOCUMENTS and comply with the terms therein for the sum of $62,814.48 ,
or as shown in the BID schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement For BIDS
(B) Information For BIDDERS
(C) BID
(0] BID BOND
rE) Agreement
CONTRACT DOCUMENTS FOR CONSTRUCTION OF Do(;umcrn N,I ~:)
FEDt.HALLY ASSISTED WATER AND SEWER PROJECTS Agreement Paye 1 01 J
, i
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~ General Conditions
'IFJ
(G) SUPPLEMENT AL GENERAL CONDITIONS
(HJ Payment BOND
(IJ Performance BOND
(lJ NOTICE OF AWARD
(K) NOTICE TO PROCEED
(Ll CHANGE ORDER
1M) ORA WINGS prepared by Morrison-Maicr1e, Inc.
numbered 1 through 2 . and dated AllE:llst
,
19 81
(NJ SPECIFICA TIONS prepared or issued by Morrison-Maierle, Inc.
.
dated August 17 19 83
.
(0) ADDENDA:
No. 1 . dated August 31 19 83
,
No. 2 . dated September 19 . 19 83 (telephone)
No. , dated ,19
No. . dated .19
No. . dated. .19
No. . dated .19
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as
set forth in the General Conditions such amounts as required by the CONTRACT
DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in ( 3 ) each of
(Number of Copies)
which shall be deemed an original on the date first above written.
Document No, 5
Agreement: Page 2 of 3
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OWNER:
BY
Name STl FF
I Pi.... Type )
Title Mayor
(SEAL)
ATTEST:
/"-~ cI :(;1//'
~, . ,.v; b~~J~ .
Name ROBIN L. SULLIVAN
(Ple.se Type)
Title Clerk of the Commission
CONTRACTOR:
BY
Name
(Pl.... Type)
Address / ddO N k3..9UAOJ. fJD &~ g3S
(S EAL) D(j R~, m~ic./YZ~
ATTEST:
Name
(PI.ase Type)
Document No, 5
Agreement: Page 3 ot 3
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I PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Big Sky Paving, Company .-. '"-,_.~~~".~,'-~.~--,-,--
(Nome 01 Conlroctor)
P. O. Box 835 Bozeman, Montana 59715
--,~-".,._,,~.-.--
(Address 01 Contractor)
a _~!:.e2..ration , hereinafter called Principal. and
(Corporation, PartnershIp. Or Individual)
United States Fidelity and Guaranty Company
~.',- -~~~-~,,_.'. ,.~
I Name ot Surety I
Baltimore, Maryland
---.,..--
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
_.",gi ty of Bozeman . .
(Nome Of owner)
Bozeman, Montana P. O. Box 640
._-~..
(Address 01 Owner)
hereinafter called OWNER. in the penal sum of sixty-two thousand eight hlmdred
fourteen and 48/100 Dollars. $(62,814.48 J
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in lawful money of the United States. for the payment of which sum well and truly to
he made, we bind ourselves. successors. and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into8g certain contract with the OWNER, dated ,tIle 10th day oL~S:)ctobeI:..,~,
19__, a copy of which is hereto attached and made a part hereof for the construction
of:
.J30zeman SID~__ - Schedule I ~ TL_.___ --
______JYater, Sewer ~d Street Improvemeni:;~_____~_._
----- .. ._""Y.'.~'-'--'~~-."~.~~ . ,~_.,-~. -.'..",--."...
..,.,._,,-~~.-
NOW, THEREFORE. if the Principal shall well, truly and faithfully perform its Juties,
all thf~ undertakings, covenants, terms, conditions, and agreements of said contract dur-
ing the original term thereof, and any extensions thereof which may he granted by the
OWNER, with or without notice to the Surety and during the one year guaranty period,
and if he shall satisfy all claims and demands incurred under such contract, and shall
fully indemnify and save harmless the OWNER from all costs and damages which it
may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all
outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
CONTRACT DOClJMENTS FOR CONSTRUClION OF DocurrH'~nt No 7
F-Eot,RALL Y ASSISTED WATH\ AND SlOWER PROJLCT$ Performance Bond' PilpC ~ (}17
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. PROVIDED, FURTHER, that the said surely, for value received herehy stipulules iJ'nd
1
agrees that no change, extension of time, alteration or addition to the terms of the con-
tract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying
the same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the
. contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CON-
TR'ACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each
(Numt>er)
one of which shall be deemed an original, this the 17th day of October
83
19 .' . k .
Blg S Y Pavlng Company
!TEST: -L "
~c-"l:e(?--yt-/ /~'~'- ~~U1~~ By -f{ (I)
. (Principal) Secretary
(SEAL) PO
(Wllne.. a" to Principal)
Bozeman, Montana 59715
(Address)
United States Fidelity and Guaranty Company
Surety
ATTEST:
-. (Surety) Secretary
(SEAL)
Witness 8S to Surety By Attorney-in-Fact
Baltimore, Maryland
(Address I
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORT ANT: Surety companies executing BONDS must appear on the Treasury De-
partment's most current list (Circular 570 as amended) and be authorized to transact
business in the state where the PROJECT is located.
Document No, 7
Performance Bond: Page 2 of 2
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. PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
_~k Sky.~aving. Company
(Nama of Contraclor)
P. O. Box 835, Bozeman, Montana 59715
._-~~-- (Addr." of Coot'actor)
a Corporation hereinafter called Pri nci pa I.
(CorporaliM, Pa,tr>ershlp 0' Ifl(livldual) ,
and United States Fidelity and Guaranty Company
-.- (Nama of Sur.ty) --
Baltimore. Maryland
(Add'." of Su,.ty)
hereinafter called Surety, are held and firmly bound unto
C:!:~f Bozeman
(Name of Owner)
Bozeman, Montana P. O. Box 640
-~._----~~--"~-- (Addres. of Owr>erj
hereinafter called <fhWNE~: iI) tke ~enal sum of Dollars, $( 62,814.48 )
SIxty-two t ousan PIg t undred fourteen and 48/100
in lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves. successors, and assigns. jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the OWNER, dated the 1 nt.h day of _October
19 83 . a copy of which is hereto attached and made a part hereof for the construc-
tion of:
Bozeman SID 632 - Schedule I and II
Wate~. Sewer and Street Improvements
NOW. THEREFORE. if the Principal shall promptly make payment to all persons. firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in
the prosecution of the WORK provided for in such contract, and any authorized exten-
sion or modification thereof, including all amounts due for materials, lubricants, oil,
gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used
in connection with the construction of such WORK, and all insurance premiums on said
WORK. and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force amI
effect.
CONTRACT DOCUMENTS FOR CONSTRUCTION OF Documenl N<., b
FEOERALL Y ASSISTED WATER AND SEWER PROJECTS Payment Bond: Page 1 01 '2
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. , PROVIDED, FURTHER, that the said Surety for'value received herehy stipulates and
.
agrees that no change, extension of time, alteration or addition to the terms of the con-
tract or to the WORK to be performed thereunder or the SPECIFICATIONS accom-
panying the same shall in any wise affect its obligation on this BOND, and it does here-
by waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the WORK or to the SPECIFICATIONS.
PROYIDED, FURTHER, that no final settlement between the OWNER and the CON-
TRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each
(number)
one of which shall be deemed an original. this the 17th day of ()"tnher
l!l _____~.
ATTEST:
Big Sky Paving Company
o ~
r:-'/
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h~ /&;7 --xv( -,;;:.///~'" "~(J2/?t-"^--/
(Principal) Secreler~
[SEAL) By (s)
Bozeman. Montana 59715
Witness as 10 P,lnclP81
(Addre..)
Surety ,--~
ATTEST:
(Address)
..~~
B'
V':~
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORT ANT: Surety companies executing BONDS must appear on the Treasury De-
partment's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the PROJECT is located.
Document No, 6
Payment Bond: Page 2 of 2
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CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No......... ~ ~.~ ~.?....................
Know all Men b:r theae Pre.ent.:
That UNITED STATES FIDELITY AND GUAft:\NTY COMPANY. a corporation organized and existing under the laws of the
State of Maryland, and having ita principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
R. A. Hill
of the City of Helena , State of Hontana .
itll troe and lawful attorney in and for the State of Hontana
for the following purposes, to wit:
To sign its name as surety to, and to exeeute, seal and acknowledge any and all bonda, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directon of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through u.. its Board of Directol't, hereby ratifies and confinns all and whatsoever the said
R. A. Hill
may lawfully do in the premiaet by virtue of thete preeent&
In Witne.. Whereof. the said UNITED STATES FIDELITY AND GUARANTY COMPANY hu eauaed'~ ilUtrwnO!l~ to b:I
sealed with itll corporate seal. duly att~ted by the silnat~ of ita Vice.Preaiden& and Aaaia&an& Secretary, thia 5th day of
May . A. 0, 19 7 8
UNITED STAtES FIDELITY AND GUARANTY COMPANY.
(Slsned) Charles B. Watson
S,. .... .. .. . ". .. . . . . .. . . . .. . . . . . . . . . . . . .. .. .. . . . .. .. . . . .
f'ic8-PruUleIlL
(SEAL) William J. Phelan
(Signed) ~ . .. . . . . .. . .. . . . . . .. . . . ill .. t . . . . . . . . . . . . .. . . . .. . . . . . . .. . . .. . . t .. .
A.uutmu S~cnl4l"f.
STATE OF MARYLAND, }
BALTIMORE CITY, lIS:
On this 5th day of ~,yay , A. D. 19 7 a before me pel'SOnally came
Charles B. Watson , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and William J. Phelan , Assistant Secretary of said Company. with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Charles B. ltlatson
and 1,Hlliam J. Phelan were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assilltant Secretary, respectively, of the Company. 8
My commission expires the first day in July, A. D. 19.1.....
(SEAL) (Signed) Margaret M. Hurst
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Notary Publk.
STATE OF MARYLAND }
BALTIMORE CITY, Set.
I. Robe!'t H. Bouse ' Clerk of the Superior Court of B4ltimo~ City, which Coun ia 4
Court of Record. and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of eo doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and liuthorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I funher certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Te.timon:r Whereof. I hereto set my hand and affix the _I of the Superior Coun of Baltimore City, the same being a Court
of Record, this 5th day of Hay , A. D. 19 78
(SEAL) (Signed) Robert H. Bouse
. . .. .. .. .. . ~ . .. .. .. .. .. .. .. .. . .. .. . .. . . . . . . . .. .. . . . . . . . . . . . . . . .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Clerk 0/ the Superior Court oj BtJltimore CUy.
FS 3 ( 6-77) .-.:...
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COpy OF RESOLUTION
Tha' ",hereal. it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland,
Therefore, be it Ruol"ed, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys.in,fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con.
tracts guaranteeing the fidelity of penons holding pOllitions of public or private trullt, guaranteeing the performances of contracts other
than inaurance policies and executing or guaranteeing bonds and undertakings, requked or permitted in all actionll or proceedinga, or
by law allowed, and
AlIa. in its name and as its attorney or attorneys.in-fact, or agent or agents to execute and guarantee the conditions of any and all
bond.. recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United Stat.. or of any State or Territory of the United States or of the Provincea of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulatiolUl, orders, customs, practice or discretion of any board.
body, organiution, office or officer, local, municipal or otherwise, be allowed, requil'ed or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any penon or persons, corporation, body, office, interest,
municipality or other auociation or organization whataoever, in any and all capacities whatsoever, conditioned for the doing or not doing
of anrthiq or any condition. which may be provided for in any such bond, recognizance, obligation, stipulatiDn, or undertaking, or
anythinll in the nature of either of the same.
I, George R. Downer , an All8istant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by aaid Company to
R. A. Hill
of Helena, r10n tana , authorizinc and empowml1i him to sign bond. as therein eet
forth, which power of attorney haa neyer been tl:lyoked and i. still in full force and effect.
And I do further certify that aaid Power of Attorney was given in punuance of a resolution adopted at a regular meeting of the
Board of Directon of aaid Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meetinl a quorum of the Board of Directors ,was preeent, and that the foregoing, is a true and COlTCCt copy of said
I'ClIOlution, and the whole thereof u reeorded in the minutes of aaid meeting,
Ira Tadrtaoray "'h.reo/, I have hereunto eet my hand and the eeal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on October J 7 ~ 1983
( ate
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Snow COlJntry Insurance Associates COMPANIES AFFORDING COVERAGES
POBox 1947 -OMPANY A
Bozeman, Mt. 59715 CUtER United States Fide~ity & Guar
COMPANY B
Lt, rHR
INsurlED
(-"MPANY C
Sky Paving, Inc. and William J. ll~lT[f1
S e b e n a Jr. & Dan i e 1 S e b e n a ;-(lMPANY 0
DBA: Big Sky Paving, a Partnership LETTER _.
POBox 835 COMPANY E
z ema O...1-M t 59 1 LETTER
This:s to certify that policies of insurance listed below have been issued to the Insured named above and are In lorce at tr" "me. Notwlth'tandiClg any req(JlrCmHnt, term or condlti"n
of any contract or other document with respect to which this certificate may be Issued or may pertain. the Insurance atforG~c by the policies described rereln IS sUDJect to ail the
terms, exclusions and conditions of such policies.
('-l'n f---Limit~_~(~ia.~ility in Thousands i990L, -
rYPfOFINSl.JRAN(~r I~OLlCYNUM8ER ~,'l:.pIH^.r:()N l~',~^rE I - r- : .:,;"Li T ",(,' !)L(."r~.m-
~.. -----'-"-.,--' r---'-------~:..f"'f~~~ t --~~-~--
GENERAL LIABILITY
I ,JOGilYINl'.if!Y :' 1 ,000 I>' ,000
CJCO',WllEHENSIYI'. 'ORM I i
[jPREMISES-OPERAflONS 1'!i()I'UHY I)M~A(~( I $ 1 000 I $1 000
UEXI>L0510N AND COl.LAPSE 1 CC017138540 5/1/84 I' , t-'
- HAURD
btJ 1)"DeRGROUNO HAlARO -,,~,u"""--"i-----'u-- -.-----
kJ P'iOLJlJCf5TOMPIEHO I
,--" ,lP[R^liONS HAZARD ~O[)Ii.Y '''JUlY "NO
~J C'JNTf1ACtIJAL INSIJRANCE >'~OPEIHY 'H'M"">f : ~ ' $
~ HROAO i-OPM PROPERTY (.'(,~~8IN[[.1 I !
DAMAGE I I
t;{] 1~ID[PfNO[Nr CONtRActORS "'-'''''"-r---''
b(J l'lliSONAL INJURY f'[RSOr'AL !N,,!i)R'I $
AUTOMOBILE LIABILITY ROOII_Y INJURY $
'EACH PeRSON)
[l COMPRf,Hf.NSIVE fORM 80DILY iNJURY $
ClOWNED BAP016418556 5/1/84 iEACHACCIDENT) I
KJ HIRED PHOPFiFY 11AMAG[ I $
--~-- I __~~~_'_NW
n 80DIl y IN ,1I.iR'Y AND
LJ NON-OWNED FROI'ERlY I)AMI',\;E .
rOfv'l!::::lli"JfU
EXCESS LIABILITY -
:jODI[, Y IN limy AND
o UMI3RELLA fORM PROPERTY LJAMAGE $
o 0 rHER tHAN UM8RELLA !C1MH'NED
FORM
IWORKERS' COMPENSATION S ta te Fun d
and
EMPLOYERS' LIABILITY
_.._---.,,'~..,-, '.~,'".~".".".~.'~~~~. ~ ~- .~"
OTHER
OI:~CRIPT;ON OF OPERATlONS/LOCATIONS/V[HICLES
City of Bozeman/ SID 632 Schedu1 I and II
~~--~, ~'~,~--- ".,-,-~~.-
Cancellation: Should any of the above described pOlicies be cancelled before the expiration date thereof. the ISSUing ,=eml.
pany will endeavor to mail -1L days written notice to ttw below named certificate [lOlder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company,
.- -".'-,-"-
NAMf ANOAIJLJFESSOfCUHlflCAff HOLDER:
Ci ty of Bozeman flArE ,~;suw__.._._.,J,Q,L2...6.La_L_,____"...______
POBox 640
Bozeman, Mt 59715 n II /J / (j'.-
_L1::2!I.~>~'l("l;:r:,~.jJ/; _:", _~'_..__.._.__.._......
,\1) 11-l()f!'lEO IlfPR':,';[N ,"#;;
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