HomeMy WebLinkAbout06- Spring Corp., Bogert Park Pavilion Fire Sprinker Contract
105 Grey Wolf Trail
Bozeman, MT 59718
Phone: 406-581-0029
Fax: 406.763-4637
f' ~ \( ,
TRANSMITT AL
't j ~ '[ IN:~fltWO~2
Spring Corporation
,&'J. i:, '~i.l;.~ "",j~ ~1-iJ' I,f /;
PROJECT: Bogert Park Pavilion Fire Sprinkler
DATE: 11/15/2006
TO:
City of Bozeman
PO Box 1230
Bozeman, MT 59771
REF: Contract
406-582-3201
A TTN:
James Goehrung
Other'
A rov.ed as Submitted
A roved as Noted
Returned After Loan
Resubmit
Submit
Roturned
Returned for Corrections
Due Date:
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Signed Contract
Remarks: James,
Here is signed contract as per your request. Please send back executed copy to me. I will be sending
payment and performance bonds as soon as 1 receive them. My insurance company will send an additionalIy
insured certificate directly to you.
Please calI if you have any questions.
Thank you,
Ty Spring
cc:
Sl&ned:
T
Expoditlon tI
'AlA Document A10r" -1997
.rd Form of Agreement Between Owner and Contractor
9':~he basis of payment Is a STIPULA TED SUM
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tion)
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ctor agree as follows.
ADDITIONS AND DELETIONS:
The author of this document has
added Information needlK! for Its
completion. The author may also
have revised the text of the original
AlA standard form, An Add/t/ons and
De/fit/ons R6fXlrt that notes added
Information as well as revisions to
the standard form text Is available
from the author and should be
reviewed. A vertical line In the len
margin 01 this document Indlcat98
where the author has added
neoessary Information and where
the author has added to or deleted
from the original AlA text.
This document has Important legal
consequenc88. Consultation with an
attorney Is enoouraged with respect
to Its completion or modlfloatlon.
AlA Document A201-1997, General
Conditions of the Contract for
Construction, Is adopted In this
document by referenoe. Do not use
with other general conditions unl98ll
this document Is modlfllK!.
This dooument has been approved
and endorsed by The Associated
General Contractors of America.
AlA Dooum.nt Al0l'" -111111. Copyright 4>>19115,11118,19215,11137,19151,11158,1901,1983,1967,1974, 1977, 1987, 1991 and 1997 byTha Amerloan
In8tltute ot Arcl1ltllOlB. All rlghta r.....vtd. WARNING; Thl8 AlA" Document III ptotectlld by U.S. Copyright Lllw and International Treatl811. Unauthorlted 1
reproduction or dlatrlbutlon of thla AlA" Document, or any portion of It, may rellUlt In ""ver. civil and criminal pen.llles, and will be proaecutltd to the
maximum extllfll possible under the law. Thll document wu produced by AlA IOttware .t 08:55;46 on 11/15/2006 under Order No. 1 000263355_1 whloh
.xplres on 10111/2007. and 18 not for reule.
U.... Not..: (2756623321)
THE CONTRACT DOCUMENTS
act Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
cement and Modifications issued after execution of this Agreement; these form the Contract, and are as
of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
grated agreement between the parties hereto and supersedes prior negotiations, representations or
a ents, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
ArMc1e 8.
THIS CONTRACT
xecute the Work described in the Contract Documents, except to the extent specifically
ocuments to be the responsibility of others.
1
CEMENT AND SUBSTANTIAL COMPLETION
t of the Work shall be the date of this Agreement unless a different date is stated
e date to be fixed in a notice to proceed issued by the Owner.
nt if it differs from the date of this Agreement or, if appiicable, state that the date
eed.)
. fixed in a notice to proceed.
f the Work, the Owner requires time to file mortgages, mechanic's liens and other
me requirement shall be as follows:
If~11:,1
"
be measured from the date of commencement.
. ely, a calendar date may be used when coordinated with the date of
the Contract Documents, insert any requirements for earlier Substantial
rk.)
Sub.tantlal Completion Date
Contract Time as provided in the Contract Documents.
iq~ted damages relating to failure to complete on time or for bonus payments for
I,
CLE 4 , If UM
~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
~ntrl\ be Coptract Sum shall be One Hundred Twenty-four Thousand Pour Hundred Pifty Dollars and Zero
,4Se,OO ), subject to additions and deductions as provided in the Contract Documents.
~ Sum is based upon the following alternates, if any, which are described in the Contract
,Iare hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates, If decisions on other alternates are to be made by
the Owner subsequent to the executlon of this Agreement, attach a schedule of such other alternates showing the
amount for each and the date when that amount expires)
AlA Document Al01T11-111117. Copyright C 191~, llill8, 192~, llil37, 19~1, 11158. 1961,1983. 11187, 1974, ll1n, 1987,19111 and 1997 by Tha Amonoan
lnetltute 01 Arohltactl. All rlghta r.-ved. WARNING; Thill AlAe Document I. protected by U.S. Copyright Law and Internallonel Treaties. Unauthorized
reproduction or dlatrlbutlon Of thlll AlA" Documont, or any portion of It, may r.eullln ""vere civil end criminal penalllell, llnd will be proMCuted to the
maximum ex lent p08elble under the lew. Thill document wu produced by AlA 1I0ftwara at 08;~~;48 on t 1/1512005 undar Order NO.1 0OO2633~~_1 which
axplres on 1011112007, and 18 not for resale.
U.... Not..: (27~623321)
2
/
rices, if any, are as follows:
ascription
Additional Water Line Gmss
Additional Water Une Asphalt
Units
Lineal Feet
Lineal Feet
Price ($ 0.00)
$86.00
$84.00
'111:
1111
~cation for Payment is received by the Architect not later than the First day of a month,
'e the Contractor not later than the Fifteenth day of the same month. If an
ed by the Architect after the application date fixed above, payment shall be made
en ( 15 ) days after the Architect receives the Application for Payment.
nt shall be based on the most recent schedule of values submitted by the
e Contract Documents. The schedule of values shall allocate the entire Contract
of tho Work. Tho schedule of values shall be prepared in such form and supported
accuracy as the Architect may require. This schedule, unless objected to by the
asis for reviewing the Contractor's Applications for Payment.
nt shall indicate the percentage of completion of each portion of the Work as of the
the tion for Payment.
'Contract Documents, the amount of each progress payment shall be
ontract Sum properly allocable to completed Work as determined by
completion of each portion of the Work by the share of the Contract Sum
n of tho Work in the schedule of values, less reWnage of Five percent (
Add \:h otlithe Contract Sum properly allocable to materials and equipment delivered and
bly s at the site for subsequent incorporation in the completed construction (or, if approved
e by the Owner, suitably stored off the site at a location agreed upon in writing), less
of Five percent ( .5.00%);
,.' I' II':~ I.'~<ll
.3 Subtract the aggregate of previous payments made by the Owner; and
tract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
, :providod In Section 9.5 of AlA Document A201-1997.
.~,jli;Qgress payment amount determined in accordance with Section .5.1.6 shall be further modified under
the following circumstances:
AlA Doou~nt Al01111-111117. Copyright iC 1915, 11118, 1925, 1937, 1951, 1958, 1981,1963,1967,11174,1977,1987, lllll1 and 1997 by The American
Inltltute ot Archtteol8. All rlghtl reeerved. WARNING; Thl. AlA'" Document I. protuctlld by U.S. Copyright Lew and IntMnatlonal Treatlea. Unauthorized 3
reproduction or dletrlbutlon 01 thl. AIAlI' Document, or eny portion 01 It, may rewlt In llevere civil end criminal penaltle.., lllld will be prosecuted to the
maximum extent pOellible under the law Thl. document wu produced by AlA software at 08:55:46 on 11/15/2008 under Order No.1 000283355_1 which
lIxp1r61 on 10111/2007, and II not fOf re.el..
U.... NotH: (2758623321)
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.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section 9.8.5 of AlA Document A201-1997 requires release of applicable retainage upon Substantial
Completlon of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document
, A201-~IIG'
on of retainaie, if any, shall be as follows:
bstantiai Completion of the entire Work, to reduce or limit the retainage resulting from
Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
visions for such reduction or limitation.)
"
I.;
s prior approval, the Contractor shall not make advance payments to suppliers for
, ave not been delivered and stored at the site.
the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Ihas fully perfonned the Contract except for the Contractor's responsibility to correct
ded in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements,
'nd beyond final payment; and
te for Payment has been issued by the Architect.
a!ment to the Contractor shall be made no later than 30 days after the issuance of the
tor Pa ~nt, qr as follows:
< ' < ',~;~,;rJ I'
;"1'
NIGR SUSPENSION
'ay be t the Owner or the Contractor as provided in Article 14 of AlA Document
nded by the Owner as provided in Article 14 of AlA Document A201-1997.
ARTICLE 7aCEti' .
! ere referenc
"Ipocument;!ence
e. ......~.......c....umei1tl1.
11'llilll::
g ~l& Payments unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
t d
VISIONS
. s Agreement to a provision of AlA Document A201-1997 or another Contract
to that provision as amended or supplemented by other provisions of the Contract
(Usury laws and requirements under the Federal Truth in Lending Act, simllar state and local consumer credit laws
and other regulations at the Owner's and Contractor's prlncipal places of business, the location of the Project and
eisewhere may qffect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications, and also regarding requirements such as written disclosures or waivers.)
AlA Document A101T11l-1887. Copyright ~ 191r;, 1918, 192r;, 1937, 19r;1, 1968, 11161, 1983, 1967, Hl74, 1977, 1987, 1991 and 1997 by The American
Institute 01 Arohltect,. All right. re..rv~. WARNING: ThlA MAe Dooument Is protected by U.S. Copyright LlIW end IntlH'nallonel Trllllllllll. Unauthorized 4
raproduotlon or distribution 01 this AlA Document, or eny portion 01 It, may rlllult in eeller' civil end criminal p&nalllve, end will be prOMCUtlld to the
maximum extllnt poeslble under the law This document wu produced by AlA aottware at 08:55:46 on 11/1512006 under Order No.10002833r;r;~ 1 which
GJq)lrlll on 10/1112007, and II not lor r.lal,l.
U.... Not..: (2756623321)
~,()wner's representative is:
ress and other information)
..4 The Ca. .... ,..k......a.. ctor'
me, ad .,and
1:<'
1'11~ I'
'III
'I
e Contractor's representative shall be changed without ten days written notice to the
CONTRACT DOCUMENTS
ts,.oxcept for Modifications issued after execution of this Agreement, are enumerated as
II executed 1997 edition of the Standard Form of Agreement Between Owner and
AlOl.1997.
ditfohs are....th.....o 1997 edition of the Geneml Conditions of the Contract for Construction, AlA
"::II!II!!'I
. ,", ,I': ,1' , ' J~
.....111111111111
.9'IiDY &rd'I"ere:onditions of the Contract are those contained in the Project Manual dated
i'llrd,. follows
Tltl,
Pagel
I,~I,I' 1I1111111
, IIIIW,I
ose contained in the Project Manual dated as in Section 8.1.3, and are as follows:
or refer to an exhibit attached to this Agreement.)
Tltl.
Bid Documents
pag..
t 8.1.5 The Drawings are as follows, and are dated October 16, 2006 unless a different date is shown below:
tJthe . wings here or refer to an exhibit attached to this Agreement.)
'.11'11....'
,1,'ln '<
Tide
Bogert Park Fire Sprinkler
Protection
Date
10/16/2006
t 8.1.8 The Addenda, if any, are as follows:
AlA Document A101T11-1iV7. Copyright lIP 19HI, 1918, 1925, 1937, 1\151, 1958, 1981, 1963, 11187, 1974,1977,1987, 11l1l1 and 1997 by The Amencan
Institute of Arohltects. All rlghta reaerved. WARNING: Thill AlAI/; Document I. protllCted by U,S. Copyright Uw end lntefnlltlonal Treaties. Unauthorized 5
raproductlon or dlalrlbutlon of this AlAI/; Document, or any portion of It, may reaultln aevera clvllllnd criminal penalties, lmd will be prolecuted to the
maximum extent possible under thlllaw. Thll document wu produced by AlA loftware at 08:515:46 on t tit /i/2008 under Order No. t000263355_1 which
expires on 10111/2007, and II not for resale,
Uaer Not..: (27M623321)
II
Number
1
Oat.
10/1812006
Peg..
1
f Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
nts are also enumerated in this Article 8,
11I1I
Other documents, if any, forming part of the Contract Documents are as follows:
. ere any additional documents that are intended to form part of the Contract Documents. AlA Document A201-
1liQ7 proVides. that bi4P...... ing requirements such as advertisement or invitation to bid, Instructions to Bidders, sample
fits............".... and th<<" ontralt~r;~s bid are not part of the Contract Documents unless enumerated in this Agreement. They
',IMtld be l' here 0 intended to be part of the Contract Documents.)
':::lllk
1,\1:.111'.1
1:1
as of the day and year fIrst written above and is executed in at least three original
livered to the Contractor, one to the Architect for use in the administration of the
,the Owner.
,liilll
AlA Dooum.nt A101lT1l-1lillil7. Copyright 019115,1918,1925,1937, HI!!I, HIS8. 1981, 1983, 1987. 1974, 1977, 11187, 1991 and 1997 byTh. American
Instltut. of Architect.. All right. r.....v~. WARNING: Thla AlA" OocumMt Is prot.cted by U.S. Copyright law Ind International Trllallu. Unauthorized 6
reproduction or distribution ot this AlA oocument, or Iny portion ot It, may result In elver. clvllllnd criminal p.naltles, lInd will be prosllcutlld to thll
maximum lIxtilnt poltlllble under the law Thl. document Wll8 produoed by AlA software at 08:1515:48 on 11/1512008 undltr Ord.r No.1 00026331\5 1 which
Ilxplres on 10111/2007, and 18 not for r...le. ~
U.... Not..: (2756623321)
. ~,*,' -;- .
ACO!!D_
CERTIFICATE OF LIABILITY INSURA
OP ID D DATI! (MMlDDIYYYY)
SPRIN-8 11 16 06
THIS CI!!RTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONF!RS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
"'ltOpu RR
Firat West, Inc.
PO Box 1800
1905 Stadium Dr
Bozeman MT 59715
Phonec406-587-5111
INSURI!D
Faxc406-586-0271
INSURERS AFFORDING COVERAGE
INSURERA. Montana Stat. Fund
.INSURER B:
INSURER C:
INSURER D:
INSURER E:
NAIC#
- Spring CO;'P9fatiOJ;L
1U5 G~ey WOl Trail
Bozeman MT 5 718
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ntE POlICY PeRIOD INOICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. ntE INSURANCE AFFORDED BY ntE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL ntE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
POUCY NUMIH!R ~ ~
LTI'l NBRI TYPE OF INBURANCl! DA UMITS
OINIML LIA8ILITY EACH OCCURRENCE I
f-- ~=~~S CEll occurlll1cel
COMMERCIAL GENERAL LIABILITY I
I CLAIMS MADE D OCCUR MED EXP (Any one~) $
- - .- PERSONAL '" ADV INJURY $
GENERAl AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES Pl!1t PROOUCTS - COMPIOP AGG $
I POLICY n m9r n LOC
AlITOMOIIILI! UA8IUTY COMBINEO SINGLE LIMIT
- $
ANY AUTO (Ell Icctdenl)
-
ALL OWNED AUTOS BODILY INJURY
f-- $
SCHEOULED AUTOS (PIr~)
f--
HIRED AUTOS BODILY INJURY
f-- $
NON.oWNED AUTOS (Plr IccldlOt)
f--
f-- PROPERTY DAMAGE S
(Plr Icddent)
OARAOI UA8IUTY AlITO ONLY - EA ACCIDENT S
R ANY AlITO OTHER THAN EAACC S
AUTO ONLY' AGG .
!XCEBSJUM.RlELLA LIA8ILITY EACH OCCURRENCE $
tJ OCCUR D ClAIMS MADE AGGREGATE .
$
R DEOUCTIBLE $
RETENTION $ S
WOltKElRB CQMPIIN$AnON AND X I TORY LIMITS I lu~1t
A I!MPLOYBIUl' UABlUTY 033161217 01/31/06 01/31/07 E.L. EACH ACCIDENT S 100000
ANY ~ORiPARTNERlEXECUTIVE
QFFlC BEREXCltIDEOT - - --- E.LDISI!A8!!'91~v,cc . .l.uvOOO --
If ~fI/J dfllJCl1b1 undlr
S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 500000
OTHI!R
Dl!8CRlPTlON 01' OPl!ltAnONS/ LOCAnoNS / VI!flCLES /IXCLUSlONS ADDI!D.Y INDOftSeMI!NT J SPI!CIAL PROVlBlONS
RBc Bogert Park Pavilion Fire Sprinkl.r Protection Sy.t~ project.
City of Bozeman
James Goehrung
PO Box 1230
Bozeman MT 59771-1230
CANCELLATION
CITYB15 SHOULD ANY OF THI ABCIVI! D1!9CRlBED POUClIS BII CANCIILLID B.FORI Tlil! EXPIRAnON
DATI! THEREOF, TH! 1S8UINQ INSUlU!lt WILL ENDEAVOR TO MAIL ~ DAY8 WRITTEN
NOTlCI TO THI! Cl!ltnl'lCATE HOLDIR HAMID TO THI! LI!I'T, 81IT I'A1LURI! TO DO so SHALL
IMPOSII NO O!IUQAnON OR UABlUTY 01' ANY laND UPON THE INSURER, ITS AQI!NTS OR
IU!PRI!SI!NT A nVI!B.
AUTHOftlZ "'RES
ACORD CORPORATION 1&88
CERTIFICATE HOLDER
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing Insurer(s), authorized representative or producer, and the certlflcate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Cllent#: 73484
ACORDT~ CERTIFICATE OF LIABILITY INSURANCE I DA T1! (MMlDDIYYYY)
11/15/06
PRODUCRR THIS CERTIFICAT! 18 ISSUED AS A MATTER OF INFORMATION
Payne Financial Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THI!CERTIFICATE
University Plaza HOLDI!R. THIS CERTIFICATE DOES NOT AMI!ND, EXTEND OR
AL TI!R THE COVI!RAGE AFFORDED BY THE POUCIES BELOW. --
960 Broadway Avenue, Suite 460
Boise, 10 83706-3689 INSURI!RS AFFORDING COVERAGE NAIC#
INIURI!D INSURER A; Continental Western
Spring Corporation INSURER B:
105 Grey Wolf Trail INSURER C;
Bozeman, MT 59718 INSURER D'
INSURiR i.
~'1I'V'Fr, /.lr~ _ ~- 5JHtn
~ ~~ !.v l.l>'i' , ("
COVERAGES
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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
nt INIR[ TYPe: Of INIU~C' POUCY NU"'1Uft ~~ ~I"'IT'
A ~NIRAL LIABIUTY CWP252665422 OS/21/06 OS/21/07 :&URRENCE $1 000.000
,!... OMERClAL GENERAL LlA8tUTY ~ED $100.000
, {I'.
"'- CLAIMS MADi ~ OCCUR MED EXP (Any 0'" person) 5S,000
,!... PO Oed:1.000 PERSONAL & ADV INJURY 51 000.000
"'- GENERAL AGGREGATE 52 000.000
n'L AGGREAE LIMIT AP~r PER: PRODUCTS - CQMP/OP AGG 52 000.000
POLICY ~r,Qr LOC
~TOMOBILe: LlA8IUTY COMBINED !lINGLE LIMIT S
AWf AUTO (E. .ccldent)
-
, " - ALL OWNED AlJT08 BODILY INJURY
(P... ""roon) S
- 8CHliDULED AlJT08
~ HIRED AUTOS BODILY INJURY
(Por llOOident) 5
- NON-OWNIiD Auroa
PROPERTY DAMAGE $
(Per .ooId..,t)
~all LIABILITY AUTO ONLY. EAACCIDENT 5
ANY AUTO OTHER THAN EA ACC S
AUro ONLY' AGG $
:=JIIUIUMIIRe:LLA ~IA8IUTY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE 5
S
~ DEDUCTlIlLE 5
RETENTION , - , $
WORKe:RI CQMI'IlNIATION AND ',1 TOlb'-
e:MP~OYERI' LIABIUTY ELE CH ACCIDENT $
ANY PROPRIETORl?ARrNER/EXECUTlVE
OFFICERlMEMBER EXCLUDED? E,L, DISEA8E . EA EMPLOYEE $
~~~~.it~R~J:~16NB b.lnw EL 018EASE . POLICY LIMIT S
OTHe:R
De:ICRll'TION OF OPe:RATlONI/ LOCATIONS I VIIHICU!I/ e:xCLUllONl ADOe:D lIY INDORII!",e:NT IlIl"I!CIAL PROVlllONI
Certificate Holder I. an Additional Insured a. .,.r written contract
Ref: Bogert Park Pavllllon FIre Sprinkler Protection
CANCEL TI N
City of Bozeman
Attn: James Goehrung
POBox 1230
Bozeman, MT S9771
lIHOULO AHY OF THe: AllOY!! DI8CRIIID POLlCle:I lie: CANCI!LLID 8IIFOIU! THe: e:xPIRATlON
DATI THIRe:O~. THe: ISlUING IN8URiR WILL e:NDe:AVOR ro MAlL --10.... DAYI WRITT1!N
NOTlCI TO THI ce:Rrl~ICATe: HOLOIR NA"'ID TO THe: U!I'T, IIUT ~AILURi TO DO 10 SHALL
IMI'0I1 NO OBLIQATlON OR LIAIIILITY OF ANY KIND UPON THe: INSURe:R. ITS AOINTI OR
Rll'RlIllNT A TI\II!I.
AUTH "II'R51INrA~
"'''----.,.
ACORD 211 (2001/08) 1 of 2
#258653
,I
WK1
@ ACORD CORPORATION 1988
"--'~'---'; ~
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les} must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}.
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}.
DISCLAIMER
The Certificate of Insurence on the reverse side of this form does not constitute a contract between
the Issuing Insurer(s}, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-8 (2001/08) 2 of 2
1251653
- '=--=------------- '--:--
Spring Corporation
TRANSMITTAL
No. 00003
105 Groy Wolf Trail
Bozeman, MT 59718
Phone: 406-581.0029
Fax: 406p 7634637
PROJECT: Bogert Park Pavilion Fire Sprinkler
DATE: 11116/2006
TO:
City of Bozeman
PO Box 1230
Bozeman, MT 5977l
REF: Bonds
406-582-3201
ATTN:
!'
James Goehrung
roved as Submitted
roved as Noted
Returned After LoIlIl
Resubmit
Submit
Returned
Returned for Corrections
o Due Date:
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Performance Bond
Payment Bond
Remarks: James,
I have attached the bonds for this project. The insurance certificate should come directly from my insurance
company. Please call if you do not receive the certificate.
Thank you,
Ty Spring
l!xpodllion \I>
cc:
..... ..
" -
AIA Document A3l2
Bond #K07513069
Performance Bond
Conforms with the American Institute of Architects, AIA Document A3l2.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACI'OR (Name and Address):
Spring Corporation
105 Grey Wolf Trail
Bozeman, MT 59716
OWNER (Name and Address):
City of Bozeman
P. O. Box 1230
Bozeman, MT 59771
CONSTRUCTION CONTRACT
Date: November 15 2006
Amount: $124,450.00
SURETY (Name and Principal Place of Business):
Westchester Fire Insurance Company
436 Walnute Street, P. O. Box 1000
Philadelphia, PA 19106
Descnption (Name and Location): Bogert Park Pavilion Fire Sprinkler Protection System
Bozeman, MT
BOND
Date (Not earlier than ConstructIon Contract Date): November 15 2006
Amount: $124,450.00
Modifications to this Bond:
CONTRACTOR AS PRINCIP)d:
Company: Spring Corpora~n
(Corporate Seal)
Signature:
Name and Title: Ty 5
(Any additional sig s appear on pa 2.)
(FOR INFORMA nON ONLY. Name, Address and
Telephone) AGENT or BROKER: First West, Inc.
P. O. Box 1800
Bozeman, MT 59771
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable time to
SURETY 5026 (6-92)
S-16521GEEF10/99
Page 1 of 2
~ None
SURETY
Company: Westchester Fire Insurance
Company
o See Page 2
(Corporate Seal)
ttorney-in-Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party): Sprinkler Technology Design, Inc.
2011 N. 22nd Ave., Ste 4
Bozeman, MT 59718
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the condItIOns of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
..
4.~ Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and completion
of the Construction Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment bonds
executed 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 Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the Contractor's defaUlt; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notifY the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. }fthe Surety proceeds as provided in Subparagraph
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.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Sure~ elects to act under Subparagraph
4. I, 4.2, or 4.3 above, then the responsIbilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater 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
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance ofthe Contractor.
MODIFICATIONS TO TInS BOND ARE AS FOLLOWS:
7 The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on a'ccount of
any such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs executors
administrators or successors. "
8 The Surety hereby waives notice of any change, including changes of
tIme, to the Construction Contract or to related subcontracts purchase
orders and other obligations. '
9 Any proceeding, legal or e.quitable, under this Bond may be instituted
in any court of competent jurisdIction in the location in which the work or
part of the work is l~t~ and shall be instituted within two years after
Con1f!lc~or Default or WIthIn two years after the Contractor ceased working
or WIthIn two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. 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.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed,. any proviSIOn in this Bond conflicting with said statutory or
legal reqUIrement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal 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.
12 DEFINITIONS
12.1 Balance ofthe Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neIther
been remedied nor waived, to perform or otherwise to comply with
the terms ofthe Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied. nor waived, to pay the Contractor as required by the
Constructton Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corpomte Seal) Company:
Signature:
Name and Title:
Address:
S-18521GEEF 10199
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
. ,
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AlA Document A3l2
K07513069
Payment
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):
Spring Corporation
105 Grey Wolf Trail
Bozeman, MT 59718
OWNER (Name and Address):
City of Bozeman
P. O. Box 1230
Bozeman. MT 59771
CONSTRUCTION CONTRACT
Date: November 15 2006
Amount: $124,450.00
Bond
SURETY (Name and PnncIpal Place of Business):
Westchester Fire Insurance Company
436 Walnut Street, P. O. Box 1000
Philadelphia. PA 19106
Description (Name and Location): Bogert Park Pavilion Fire Sprinkler Protection System
Bozeman, MT
BOND
Date( Not earlier than Construction Contract Date): November 15 2006
Amount: $124,450.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: Spring Corporation
(Corporate Seal)
Signature:
Name and Title: Ty Sprln . P
(Any additional signa e appear on page 2.)
(FOR INFORMA TI N NL Y . Name, Address and
Telephone) AGENT or BROKER: First West, Inc.
P. O. Box 1800
Bozeman, MT 59771
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment fumished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and void if the
Contractor'
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds hannless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no
Owner Default.
SURETY 5026 (0-92)
S-18I531GEEF 3/00
Page 1 of 2
~ None
SURETY
Company: Westchester Fire Insurance
Company
o See Page 2
(Corporate Seal)
OWNER'S REPRESENTATIVE Architect, Engineer or other
party): Sprinkler Technology Design, Inc.
2011 N. 22nd Ave., Ste. #4
Bozeman, MT 59718
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligatIOn to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount ofthe claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished matenals 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 were furnished or supplied or for
whom the labor was done or performed; and
t
.2 · Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has 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 the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the Contractor
or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions;
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 4S days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The 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 the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the perfonnance of the Construction Contract and
to satisfY claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds eamed by the Contractor in the perfonnance of the Construction
Contract are dedicated to satisfY obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion ofthe work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The 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.
10 The Surety hereby waives notice of any change, including changes of
time, to the Construction 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service
was perfonned by anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever of (I) or (2) first
occurs. If the provisions ofthis Paragraph aro 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 the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the 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 or other
legal requirement in the location where the construction was to be
perfonned, any proviSIOn in thIS Bond conflicting with said statutory or
legal requiremont shall be deemed deleted herefrom and provisions
confonning to such statutory or other legal 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 by any person or entIty appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly fumish 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 the Contractor or with a subcontractor of the 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 terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and
engineering services required for perfonnance of the work of the
Contractor and the 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 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perfonn and complete or comply with the
other tenns thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-18~GEEF 3/00
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
.
THAT WIll. PRQTI!!CT AGAINST COPY COUNTERFEIT AND ALTI!!AATION.
.
THe BACK OF THIS DOCUMeNT LISTS VARIOUS SICUAITY FEATUReS
.
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