HomeMy WebLinkAbout83- White & McNeil Excavating, Inc. Agreement
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AGREEMENT
THIS AGHF.EMENT, made this 28th day of September . 19 83 , by
and between City of Bozeman , hereinafter called "OWNER"
(Name of Owner), (an Individual)
and White & McNeil Excavating, Inc. 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 S.I.D. 615-Schedule 1 Sanitary Sewer Improvements
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 ninety (90) 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 $~83,303.00 ,
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
(D) BID BOND
fE) Agreement
DOC\Jm~nt NO 5
Agreemenl: Page 1 01 3
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(F) General Conditions
(G) SUPPLEMENTAL GENERAL CONDITIONS
(H) Payment BOND
(I) Performance BOND
(J) NOTICE OF AWARD
(K) NOTICE TO PROCEED
(L) CHANGE ORDER
(M) ORA WINGS prepared by Morrison-Maierle, Tnc.
numbered 1 through 7 , and dated .July
.
19 81
(N) SPECIFICA TIONS prepared or issued by Morrison-Maicrle, Inc.
,
dated August 17,19 83
(0) ADDENDA:
No. 1 . dated Aug. 31 .19 83
No. 2 , dated Sept. 10 ,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 ( Three (3) ) each of
(Number l)f Cop"')
which shall be deemed an original on the date first above written.
Document No.5
Agreement: Peg. 2 01 3
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OWNER:
CITY OF BOZEMAN
BY~/ 4;. /~~
Name /:-Ji{FRED M. ;TIFF- .' 'V /, i
(PleaM Type I
Title Mayor
(SEAL)
ATTEST:
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, (, iJ..", _ ~:)--lL. . t/;'_-,j----r...,,~_ _
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Name ROBIN I . SUI LIVAN
(Pl.... Type)
Title Clerk of the Commission
CONTRACTOR:
WHITE & McNEIL EXCAVATING, TNC.
~tm__- ".' (/ I
BY ':::x. . ""'1 Nt / !L,o
Name Steve McNeil
(Pl.... Type)
Address 314 Coulee Drive
Bozeman, Montana 59715
(SEAL)
AT~: /
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Name ~" '~:/; "
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(PI.... Type) eft., ill orn. y
Docum..nt No.5
Agr....ment: Page 3 of 3
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. PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
White & McNeil Excavating, Inc.
(H.m. of Con1r'Clo< I
314 Coulee Drive Bozeman, Montana 59715
(Add,... of ConI'a<:lo<!
a Corporation , hereinafter called Principal. and
(Corporation, Parme"hip. or I nCIividuel I
FIREMANS FUND INSURANCE COMPANY
(Ha..... of Surely)
SALT LAKE CITY, UTAH
(_,e.. of Su,ely)
hereinafter called Surety, are held and firmly bound unto
Ci ty of Bozeman
IN...... of owner)
Bozeman, Montana P.O. Box 640
lAda,e.. of Ow....,)
hereinafter called OWNER, in the penal sum of one hundred eighty three thousand
three hundred three and 00/100----------------------- 0 II $(183,303.00 )
__ 0 ars, in lawful money of the United States, for the payment of which sum well and truly to
lw made. we bind ourselves, successors, and assigns, jointly and severally, firmly hy
these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with the OWNER, dated the 28th day of September ,
1 g~, a copy of which is hereto attached and made a part hereof for the construction
of:
Bozeman S.LD. 615 Schedule I-Sanitary Sewer Improvements
-_..,~_.
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NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties,
all the 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.
Document No 7
Perlo' 'TlanCiE~ Bond PiJg~: I 01 ?
"
~ PROVIDED, FURTHER, that the said surety, for value received hereby stipulate's and
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-
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 ?ATH day of SEPTEMBER
19 R3
A TTESl/.i , . WHITE AND MCNEIL EXCAVATING, INC.
I,' 1, " Prlnci1'
/~~ /' ~/- ," I -- "'C "
By,-:=-~>L>1Ji'I{--r17 I iC/
./ 1,1//(, ..(/, ~i0 ~.) (.,
" ' (Princlp.l) s.crewry
rSEAL] k'?' zC- ' 314 COULEE DRIVE
-- ....- ~....~ '"'/1' _'--r1t:.7.("L/ ("""'..s)
, (..... .s to P,r(ncll>el) / BOZEMAN, MT 59715
_n___ /
(A(!dre..)
FIREMANS FUND INSURANCE COMPANY
Surely
ATTEST:
(Surety) s.cret.ry
( SEAL)
Witness.. 10 Surely
..-~.~~_._.~----------
(A"dress) 'A"dress)
BILLINGS, MT 59104
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.
,,'~(' >JONTANA.
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CO\JNTERS\'-;""'-' " -.,' ,.,.- ,\ INC,
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ROLLI~,.) \3u..v, 'j ~~F:: ::\J i '
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B1' -- ,HOR\~c-D,~
Document No 7
Performance Bond: Palle 2 01 2
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, PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Whi te & McNeil Excavating, Inc.
~-~. IN..... 01 CoNr.Clon
314 Coulee Drive Bozeman, Montana 59715
: (Acldr... of Cont"Clor)
a Corporation . hereinafter called Principal.
tCorp"'."on, P.rtne,.nlp or IncllvlOual)
and FIREMANS FUND INSURANCE COMPANY
IN.,,,. or Sur.ly)
SALT LAKE CITY UTAH
l"dd'.,. 01 Surely)
hereinafter called Surety. are held and firmly bound unto
.- , City of Bozeman
(Nama of Owner)
Bozeman, Montana P.O. Box 640
(Add.... 01 O..ner)
hereinafter called OWNER. in the penal sum of Dollars. $( 183, 303. O~
one hundred eighty three thousand, three hlllldred three and 00/100 Dollars
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 28th day of September'
19 83 . a copy of which is hereto attached and made a part hereof for the construc-
tion of:
Bozeman S.I.D. 615 Schedule I - Sanitary Sewer 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 and
eff eet.
Document Nn 6
P.yment Bond Pal/o,' I 01 2
~ ,
" PROVIDED, FURTHER, that the said Surety for value received herehy stipulates 'i.lnd
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.
PROVIDED, 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
1/MIObeI)
one of which shall be deemed an original, this the 28TH day of SEPTEMBER
1H _ 83 .
ATTEST:
}(/'1 ",' WHITE AND MCNEIL EXCAVATING, INC.
i' /, Prlncipel
Al /A"
_ /.f~'l ,. ,.( / c 1.L:C-'--..-' . ,
, (Prlnclpel) Sec:t."'y , ~t- '-- , " (" 1 ' ~
(SEALl By' ,.", '._ "lUi-"I, Y)/] I [it-X (s)
314 COUL.EE DRIVE
,Add.... )
BOZEMAN, MT 59715
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_'~. . /~1' "..-:-(7. _c>C/l..- -'
Wi'''''' .. 10 Pflnc , _,__~~ / ./"/
(Add....)
ATTEST:
Wl1ne.. a. 10 Su,.ly
BIL.LINGS, MT 59104 .________
(,t,dd'.")
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executinJif 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 p~~J~r[~~f\!9E~t~"2:"-~";>:CS' r}c:~nPJ:1A
-.-~.- ",' "~'nM~/\ INC.
ROLLI:<S 8U~:~;'~>\~"':"L~"b:':_1 '..._'~~:~'J' , ,
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Documenl No 6
Pay",..nl Bond pag..:2 of :2
GFJ'IIEIlAL
, . ~~:N~~ FIREMAN'S FUND INsURANCE COMPANY .
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organi~ed and existing under the
laws of the State of California. and havinll its principal office in the City and County of San Francisco. in said State. has made, constituted and appointed,
and does by these presents make, constitute and appoint
-----JOHN SACIA-----
its true and lawful Attorney(s).in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute. seal. acknowledge and
deliver any and all bonds, undertakings, recogni~ances or other written obligations in the nature thereof ----------------___________
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full
force and effect.
"Article VIII, Appoincmenc and Auchoricy Assiscanc secrecaric,\, and ACCorney-in-Fac'{ and Agenl,\ 10 ijc'cepl Legal ProCC,\,\ and .\take Appearanccs.
Section 30, Appoincmenc. The Chairman of the Board of Directors, the President, all\ Vice-President or "Ill other person authori/cu I:n the Hoard of
Directors, the Chairman of the Board of Directors, the President or any Vi<:e-President, may, from time to time, appoinl Residenl A\si,tanl S~<:rel"rl~'
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agent' to ""ept 1e?,,1 pro<:es\ and make appe"r"Ill'el for and on
behalf of the Corporation_
Section 31, Auchorier. The Authority of such Resident Assistant Senetaries, Attorneys-in-Fa<:l. and Agent' Ihall be al presnibed in Ihe inSlrument
evidencing their appointment, and any such appointment and all authority granted thereby mal he rC\i~ed at an) lime bl Ihe Hoard of Dire(lor, or hI
any person empowered to make such appoinlmenl."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S
FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July, 1966, and said Resolution has not been amended or
repealed:
"RESOL VED, that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, tI~
facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall tie
valid and binding upon the Corporation."
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCF COMPANY has caused these presents to he signed by its Vice-President.
and its corporate seal to be hereunto affixed this 3rd day of Augus t ~_._, 19 ~ .
8, ~:C\'NS~C~
\' i(t> Prc"ld~nt
STATE OF CALIFORNIA. l
CITY AND COUNTY OF SAN FRA,,",CISCO ( ss,
On this 3rd day of Auqus t , 19 ~1_ , before me personalll .;"n1C ._.Btcha rd Wi 11 i ams _~_,____,
to me known, who, being by me duly sworn, did depose and lay: that he is Vice-Prelident of F1RI:\IA:"'S HND INSl,RANCE CO\lPA:"Y, the C01-
poration described in and which executed the above instrument; that he ~nows the leal of laid Corporation: that Ihe leal affiwd to Ihe laid imtrurllCTlI
is such corporate seal; that it was so affixed by ordt'r of the Board of Directors of said Corporal ion "nd that he signed his name Iherelo bs Ii", order.
IN WITNESS WHEREOF, I have hereunto set my hand and affi.sed Ill\' official leal. the day and year herein fir\! ab(n e IIrit ten.
.......................................................... . / / '
I OFFICIAL SEAL 51 r;zJ~~~
-." -", i NOT::I:u.~ ~I~~NIA I ~,,"," P,,~I,: - -----
. em I COUNTY Of SAN fIAN(lSCO
e ", C_m;,,;o" h,;,.. No.. 17. ""I CERTIFICATE
..._...0_........ _II'.' .W-....
STATE OF CALIFORNIA. t
, ss.
CITY AND COUNTY OF SAN FRANCISCO (
I, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND I:"SURANCE CO~..!PANY, a CALlI-ORNIA Corporation, DO HLRl:HY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remaim in full force and ha\ not been relo~l'd; and funhermore Ihat Anide VIII.
Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Dircctors, let fonh in the Plmer <'f'\ltornel, are nOli in
force,
Signed and sealed at the City and County of San Francisco_ Datcd the ? RTH -.__ day of SEPTEMBER _ , I <B~
~~
380711~FF,-s.a1
COMPANIES AFFORDING COVERAGES
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ROLLINS BURDICK HUNTER OF MONTANA, INC ((JMI'f,NY A
P .0. BOX 2017 5 ~~~______.liARTFORD__I NSURANCE_CQMP---ANY___
BILL I NGS, MONTANA 591 04 :;',~'~~"NY B ,
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WHITE & ~'lCNEIL EXCAVATING, INC. lOMI'^NY 0
314 COULEE DRIVE ,r Illf1_____ _______________________
BOZEMAN, MONTANA 59715 COMPM,y E
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