HomeMy WebLinkAbout83- Bell & Assoc. Agreement
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Ii" AGREE~'ENT
THIS AGIU:EMENT, made this 28th day of September . 19 83 . by
. and between City of Bozeman . hereinafter called "OWNER"
(N_ 01 0__). (an Illdlvtdutll)
.
and Bell & Associates, 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.T.D. 615 - Schedule II Highway Boring
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 $ 29,900,00 .
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
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(D) BID BOND t
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IE) Agreement I
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Docvmenl No ~
AII'..men!; Page 1 QI 3
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s~ (F) General Conditions
(G) SUPPLEMENTAL GENERAL CONDITIONS
(H) Payment BOND
(I) Performance BOND
.
(}) NOTICE OF AWARD
(K) NOTICE TO PROCEED
(L) CHANGE ORDER
(M) DRAWINGS prepared by Mhrri~nn-~ip.rlp., Tnr
numbered 1 through 7 , and dated . TlIl Y .
19 81
(N) SPECIFICA TIONS prepared or issued by Morrison-Maier1e, Inc.
,
dated Aug. 17 ,1983
(0) ADDENDA:
No. 1 . dated Aug. 31 ,1983
2 , dated Sept. 10 83 (telephone)
No. ,19
No. . dated ,19
No. . da ted ,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
CNulN* ., c..-I
which shall be deemed an original on the date first above written.
Document No 5
Agr_lMnt: Pav- 2 01 3
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. :' OWNER:
t .
C!TV OF ~ZEMAN
.. /"
/..-,.-/; "4,~ " > r
BY __e?~ /::5-;/': , -- "".
Name/ AI FRFO ~. STIFF ~
. I~Tn-)
Title Mayor
(SEAL)
ATTEST:
(~ L ;::// lu ;1 J (0
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Name ROBIN L. SULLIVAN
(I'IMN T~)
Ti tIe C1 erk of the Commi S5 i on
CONTRACTOR:
BY bel~;3:7i-tesi:tJ
Name \.Jrill y He 11. Pres.
I""" Type)
Address r. C'. p,ox 4755
Helena, l'it. 59604
(SEAL)
ATTEST: 'iJJ 1&
.' '--.., '-' 'Il' ' 1'1 l
i ,flllld, ~ I\?T7::]:\n~"~ f',S \\0 fvRW .?
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...--?", _,,' f v" ' ,
,"( C ..., ,
Name Lauonn2 F,.'jell. Secv. v C't' Attorney ,
I~_ Type) , ~
Document No !l
Agr..m.nl P.ge 3 of 3
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Bell & Associates, Inc.
(Ha.... tJI ConI,.cIOI t
1601 'A' Street Helena, Montana 59604
(.lOcI'... of ConI'..:lor)
.-
a Corporation . hereinafter called Principal. and
(Corcor.llcn. P.'t...,."ip, or Indlvidu.l)
h" .,. "
. .<. ... ,;'~ ,'. '.'-.': :',I~ r~~;.~,~~,
0,.- hi:;J,,,,,..-.., l;....~~,.IlYM~:J\
(Add,." o! Su'.ly)
hereinafter called Surety, are held and firmly bound unto
City of Bozeman
(Name of O*_l
Bozeman, Montana P.O. Box 640
,AGO,." o! 0*".,)
hereinafter called OWNER, in the penal sum of twenty nine thousand nine hundred
and 00/100----------------------------------------------- $(29,900.00
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 , I
19----.S.3.... a copy of which is hereto attached and made a part hereof for the construction
of:
Bozeman S.I.D. 615 Schedule II Highway Boring
~,-~-~
NOW, THEREFORE, if the Principal shall well. truly and faithfully perform its dulies,
all the undertakings. covenants, terms, conditions, and agreements of said contract dur-
ing the original term thereof. and any extensions thereof which may be 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 I
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 f
obligation shall be void: otherwise to remain in full force and effect.
Documenl No 7
Pe,lormance Bono Pl.g~ , 01 2
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. . PRbvIDED, FURTHER, that the said surety, for value received hereby stipulates 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
(N....m.r,
one of which shall be deemed an original. this the 4th day of October
19 83
Bell & Associates, Inc.
ATTEST: ~ ~ /.?W(
By (I'
(Prlne""'ll Sec,.tary
(SEAL) PO Box 4755
(Wit..... .. to Prl.....ll dAddr...1
Helena, Mt. 596 4
(Add....)
SUrely
ATTEST:
r:"' . , " : ",i: I
(Suretyl Secretery 0'"'' . -':- :,1.
, a., ..;..~~~ .~,~: _ ...-, .. I..-,"~.... i M,.lIl..~..~II'...
) ~._.,. -",..."'
........-.,. ..
( SEAL) ,/
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W,lMS' .. 10 Surety BYjt .. " All''''' F I
,A H" I ney-.n- .e
L _ fl. I I] L.....
<<Add,..., IWS,~~"~R-I;l
Mont::mJ l:lt- :':.rito.laL'1nsurance
Helena, MT 59,al J
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NOTE: Date of BOND must not be prior to date of Contract. Rv: ':...1 ',' I ",' .
If CONTRACTOR is Partnership, all partners should execute B ND.
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.
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Document No. 7
PerlOI"....ne. Bond: Page 2 of 2
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:: PA YMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
__ Be~Associates, Inc.
CIWM tlA ~K1orl
1601 'A' Street Helena, Mbntana 59604
.- CAcldteH 01 CallIr_1
a Corporation . hereinafter caBed Principal.
(Corporation, Part_"hlp or Indlvldl"')
and ti.~:.s~,'~~Ct,-~J c~'~~c~ ~:~ ~...~rl C;..~::,~7'r~t'\~'{
Ur t;~t::.iJdl:::;, Fo.::..~it."@\ill~MftA
(AcId,n" 01 Surely)
hereinafter called Surety, are held and firmly bound unto
City of Bozeman
(Na_ III 0..-)
Bozeman, Mbntana P.O. Box 640
(Add,a.. 01 0*_)
hereinafter called OWNER, in the penal sum of Dollars, $( 29,900.00)
twenty nine thousand nine hundred and 00/100 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 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.l.D. 615 - Schedule II Hi~hway Borin~
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
effect.
Document No {;
Payment Bond Page 1 01 2
. . .
" PROVIDED, FURTHER, that the said Surety for value received herehy stipulales und
,
agrees thul 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
lnumber)
one of which shall be deemed an original, this the 4th day of Or.rohpr
In .83 .
ATTEST: Bell & Associates, Inc.
, ,t! I)
ofaMllliti I. 'iJ& I'rifIclpeI
~~~
IPrlnclpal) s.c...ry
iSEAL] By (s)
PO Box 4755 t
IAddteq)
Helena, Mt. 59604
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Wll..... II 10 Principal :(
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A:''':~--'''''::^'''' _ .'." "':"_"::'W ~
,
(_...) OF L~"-l.~~:~~\"-:~f II" ....~ ~~ ~~ ~ L\f/~;':~iJ\
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ATTEST: By
LR. A. H1LL ...norney-I".F.OI
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Wil..... II 10 Su'.1y (Addr.")
(...""....) Kesldent I\~":lll
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M:Jnl2i1J I '~"'-,~:;')113 .!1sufance
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H -,1,.[,0. V. r>':~J1/~ ~
r~'" ,,', ~" 'j'0..?-
NOTE: Dale of BOND must nol be fJrior 10 dale of C;rintra~ 1
If CONTRACTOR is Partnership, a I partners should execute BOND.
IMPORT ANT: Surety companies executinR BONDS must aspear on the Treasury De-
partment's most current list (Circular 570 as amended) an be authorized to transacl
business in the State where the PROJECT is located. i
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Document No, &
Payment Bond Page 2 01 2
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American Casualty Company
of Reading, Pennsylvania
INSURANCE FROM
CNA
Offices/Chicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN-FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly
organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago,
and State of Illinois, does hereby make, constitute and appoint __pavid R. Bruc;:Jc~atrick S. McCutchl::'.9~ ____
__Beverly Hihnala, Audrey L. Fiske, R. A. Hill, lndividually "--...---.--.-..
-.,_.~" ... ,-----
of Helena, Montana . ---~-- -~" .,,-~. "~ ..~,..._,_..
its true and lawful Attorney.in.Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under-
takings and other obligatory instruments of similar nature as follows:
.... .~. - Without Limitations - --,~.'~.,- .'-_.'---
--,
--~'..'.---_._-_._"._,. -- ...... -_.~..- - ".._- - ~--_. ~-. ._-_._"-
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such
instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all
the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company:
"Article VI - Execution of Obligations and Appointment of Attorney-in.Fact
Section 2. Appointment of Attorney.in.fact. The President or a Vice President may, from time to time, appoint by written
certificates attorneys.in.fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and
other obligatory instruments of like nature. Such attorneys.in-fact, subject to the limitations set forth in their respective certificates
of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke al: power and
authority previously given to any attorney-in.fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
"Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on
any power of attorney granted pursuant to Section 2 of Article VI of the By.Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer-
tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and
sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by
its Vice President and its corporate seal to be hereto affixed this 26th day of May, , 19~.
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
State of Illinois) ss ---m-L-L~~' { l
County of Cook I (
- ..-
J. E. Purtell Vice President.
On this 26th ","_ day of May 19 83,__, before me personally came
.,~,
J. E. Pu rtell to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of
Glenview, State of Illinois; that he is a Vice. President of AMERICAN CASUALTY COMPANY OF READING, PENN.
SYLVANIA, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direc.
tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed
of said corporation.
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_XY-D~~ - ~_.J::P
Notary Public.
Leslie A. Smith
CERTIFICATE My Commission Expires November 12, 1986
I, P. F. Granahan , Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA,
do certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the
By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorne~ are still in force. In
testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this _. _..._.~h day of
October ,19~. 1J
C2_~
8.23142.8 P. F. Granahan
~"&C7
\....-a" () ......J
Montana International Insurance, Inc. COMPANIES AFFORDING COVERAGES
PO Box 6iz7 ,
H 1 MT 59604 COMPANY A Un~ted States Fidelity & Guaranty Co.
e ena, . LEIIER
--.------..-..-- ...---.-.-- .-,'----.-..' .,.,~
(,,:(,JMI',ANY B Mission National Ins Co
I ETTrR . .
_.______ n._.'''_.__,_,,__......__,,_,_.,,_._.,,~~.,_,. __..__.___....___..___
/\onRr~.)L-'; Of" IN9JPI D ___"~_.W_.
B 11 &- A' -, 'at I CEUMI'ANY C Employees Benefits Ins.
e ssoc~ es, nc. [,'IJ,I<
PO Box 4755 " 0 -----------..-,-
r:'OMf)^,NY
Helena, MT. 59604 ',HHR
..--.".-...-.-."'...---..---...----..
COMPANY E
LETTER
r his i~~ tu cert;fy.tl~.~a:t.-p(;lic'ies of-;~~urance listed below have been issued to the insured named above and are in force iJt t~i~,--t!nlP., . N()'tw'it'h'~'t;';;~d'i'.i'ig a;.~y re~V,ji"'f::n;~~:.i~, tetl'.(~ or t,\~('.\lition
of any contract or other document with respect to which this certificate may be "sued or may pertain, the insurance afforded by U", p,)licics described herein is subJfJc1 to :,JII the
terms. exclUSions and conditions of such policies.
COMPANY ] , _. ' , f'OUCY ~ Limits of Liability fnfhousand'S" (().QQL~:::_:_
LEI','I,',',ER" fYREOFINSURANCE ROLlCYNUMHE.I< fXI'II!AIION [)AI, I ,', FAUI '(Tm'AI",
\.lCCUHlH NC( I\....l .11\LlJ l
--.-.--.-----------.. .-------- - . . ----
, GENERAL LIABILITY I'
I I 1.)O[:ill Y INJUfU ! 1 $
A Ilxl COMI'PlIIIC,IVI IUI!M MP 031 765327 1-15-84 i 500 500
Iw I)PfM!~d'~.; ()I~tIU.T:ON~i i r"I?OI:'~ '1)!\!v1!.(;i f, i:
I \xJ, Exf'LUSION M'W CULL,^F'SE. 'f '" 100 100
_.. HAZARD
!X:.J ',J~II), I<(;I<CJ'.INU flAIM'I_' -..
!Xl r..rlrlfJ~,~,'..', f~:;/C:,Or\i1FL"LT[[) :
! 'A.1[ i.<AT I()N~~ 11,~/!'},I-{I:1 HOD!! 'y Ir\. I )I~Y !.J~:.;'
IXJ l:'::iN I PAC ]1.)/\1._ IN~:.;UR^NC[ PHOPCY I 'I~ [""i',rvlf'<';r."}; 'E
[i:J I'JlKJAD FORM PROPLRTY ")MI"'H ;',
l.lAMA(:;1
IX] INIJ,Hr,DENI CONrflN-,TOf6 i
[]:Pf PSOtJAl :r,UUf\'( I 1,'t.H~.;ONrd iN.Jl.JIJ'/ 'J.
.. ...."....,-,----. --.------..,----L-------------------- -,-"'---'--'--"---'-"--
AUTOMOBILE LIABILITY :
A ~1 ::)~i~I;'~rllrN';,vl IOfW I MP 031 765327 1-15-84 1____.. ,/1"".______,._"...._
r:-J '''lit'' f- I'"'OP['RTY r')A~,',CL ,S
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---------+---ixc;E.ss- lIABiL~iiy ____________u_u______, ".,
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B :~-],' ' ,., ,w" I MN 02 14 32 11-15-84! ',"
II i /~)~U,. I HA', ','Wil" il ., I ' , '
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C iWORKERS'Ca~:PENSATlONI EBI 21 31 79 I 6-1-84 ' :1~il"''i!Y
, EMPLOYERS'L1ABILlTY I I
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. I
Bozeman S.I.D. 615
Schedule II Highway Boring
-..---.-------.--.---.----------------...--.....-.-----.--.-.--....- -.. .--.-..-....-.-..--.-.-..-....--...-.-.....-...----..-----...
Cancellation: Should any of the ol)ove clescnbecl pOlicies be cancellerJ before Ule eXplratlul clat", thereof, tlw is,:,ulng com-
pany will endeavor to mail ---10..... days written notice to tile below IidlTlcd celutlficatc holder. buf failur-c to
mail ',Llch notice shall impose no obligation or liability of any kind upon Hle company.
~-~~~~~;~I;H ~;~I~:~~:;T-[-;IOi--8[~-----------------------------------1 10 /4/83
Bozeman, Mt. 59715 I
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