HomeMy WebLinkAboutAgreement between Wilo-Emu USA, LLC and City of Bozeman for WRF Phase 1 Early Out Aeration Basin Mixer, 2007
SECTION 00500
AGREEMENT
THIS AGREEMENT, made and entered into this lJ..f"'day of ~v.s+, 2007, between the
City of Bozeman, Gallatin County, Montana, a municipal corporation duly organized and existing under
and .by virtue of the laws of the State of Montana, hereinafter referred to as the "CITY", and
\ - - VV\ , a corporation duly organized and existing under and by
virtue of the. laws of the state of , with its principal place of business at
81 ~ 6Xrf.."t3 PY~\I ,hereinafter referred 10 as .SELLER",
---WI . WuY1\\C 13n9~
WIT N E SSE H:
THAT, WHEREAS, the said SELLER has been awarded the contract for: Aeration Basin Mixer
Prepurchase, according to Contract Documents on file in the office of the City Clerk of said city, which
documents are entitled: "City of Bozeman, WRF Phase 1 Early Out Aeration Basin Mixer
Prepurchase" and are incorporated herein by reference.
IT IS AGREED that for and in consideration of the covenants and agreements to be made and
performed by the CITY OF BOZEMAN, as hereinafter set forth, the SELLER shall make improvements in
said City, furnishing all labor and materials therefor according to said Contract Documents and under the
penalties expressed in the performance bond bearing even date herewith, and which bond with said
Contract Documents are hereby declared and accepted as parts of this Agreement. All material shall be
of the high standard required by the said Contract Documents and approved by the Engineer, and all labor
performed shall be of first-class workmanship.
The SELLER shall employ appropriate means to prevent accidents and shall save the city
harmless from all claims for injury to person or property resulting from the SELLER'S actions or omissions
in performance of this agreement. The SELLER shall purchase and maintain insurance of the type and
the amount specified in the Contract Documents. Certificates of insurance providing at least thirty (30)
days written notice to the City prior to cancellation of the policies shall be filed in the office of the City
Clerk, of the Commission.
The SELLER agrees to maintain Workers' Compensation coverage on all employees, including
employees of subcontractors, during the term of this contract as required by Montana Code MCA 39-71-
101. Should the SELLER fail to maintain such insurance during the entire term hereof, the SELLER shall
indemnify the CITY against any loss resulting to the CITY from such failure, either by way of
compensation or additional premium liability. The SELLER shall furnish to the CITY, prior to
commencement of the work, such evidence as the CITY may require guaranteeing contributions which will
come due under the Employment Security Law including, at the option of the CITY, a surety bond in an
amount sufficient to make such payments.
The SELLER shall furnish the CITY certificates of the insurance coverage's required herein,
which certificates must be approved by the City Attorney.
The CITY shall pay to the SELLER fo~~e work, services and materials herein provided to be
done and furnished by it, the sum of $ 44-\. 6. OlD , as hereinafter provided. Partial
payment shall be made on the third Tuesday of each calendar month on a duly certified estimate of the
work completed in the previous calendar month less five percent (5%). Final payment shall be made thirty
(30) days after completion of all work and acceptance by the City Commission.
The CITY and the SELLER recognize that time is of the essence and failure of the SELLER to
complete the work within the time allowed shall result in damages being sustained by the CITY. Such
damages are and will continue to be impractical and extremely difficult to determine. Therefore, in the
event the SELLER shall fail to complete the work by the Final Completion Time submitted in Section
00310 - Bid Schedule, the SELLER shall pay to the CITY or have withheld from moneys due, liquidated
damages at the rate of $150.00 per calendar day, which sums shall not be construed as a penalty.
00...52713-00123
Bozeman WRF Phase I Early Out Aeration Basin Mixer Prepurchase
00500 - I
8/2112007
SELLER shall submit applications for payment in accordance with the General Conditions.
BUYER shall make progress payments on account of the Contract Price on the basis of SELLER's
applications for Payment as recommended by ENGINEER, as provided below and in the General Conditions:
Percentage of
Event Payment at each Event
Approval of Shop Drawings
Approval of Preliminary O&M Manuals
Delivery of Goods
Approval of Final O&M Manuals
Delivery of Final O&M Manuals
Performance of Manufacturer's Field Services
Satisfactory Completion and Performance Testing
10
10
50
10
10
5
5
The SELLER further agrees: In consideration of securing the business of manufacturing the work
to be supplied under this contract, recognizing the business in which he is engaged is of a transitory
character and that in the pursuit thereof, his property used therein may be without the state of Montana
when taxes, excises or license fees to which he is liable become payable, agrees:
1. To pay promptly when due all taxes (other than on real property), excises and license fees
due to the State of Montana, its subdivisions, and municipal and quasi-municipal
corporations therein, accrued or accruing during the term of this contract, whether or not
the same shall be payable at the end of such term.
2. That if the said taxes, excises and license fees are not payable at the end of said term but
liability for said payment thereof exists, even though the same constitutes liens upon his
property, to secure the same to the satisfaction of the respective officers charged with the
collection thereof.
3. That in the event of his default in the payment or securing of such taxes, excises and license
fees, to consent that the department, officer, board or taxing unit entering into this contract
may withhold from any payment due him thereunder the estimated amount of such accrued
and accruing taxes, excises and license fees for the benefit of all taxing units to which said
Seller is liable.
For the faithful performance of this agreement in accordance with the Contract Documents and
payment for all labor and materials, the SELLER shall execute good and sufficient performance bond and
payment bond each in the amount of one hundred percent (100%) of the total amount of the bid as herein
before stated, said bonds to be executed by a surety company authorized to do business in the state of
Montana.
The terms "Project Manual" and "Contract Documents" are defined in Section 00700 of the
Project Manual, entitled "Standard General Conditions for Procurement Contracts".
THIS AGREEMENT, with all of its forms, specifications and stipulations, shall be binding upon the
parties hereto, their successors and assigns.
00...52713-00123
Bozeman WRF Phase I Early Out Aeration Basin Mixer Prepurchase
00500 ~ 2
8/21/2007
.. "
IN WITNESS WHEREOF, OWNER and SELLER have signed seven copies of this Agreement. Two
counterpart(s) have been delivered to OWNER, two to SELLER, one to ENGINEER, one to Montana
Department of Environmental Quality and one to the U.S. Environmental Protection Agency. All portions
of the Contract Documents have been signed or identified by OWNER and SELLER or by ENGINEER on
their behalf.
This Agreement will be effective on the date shown on page 1 (which is the Effective Date of the
Agreement). [This Agreement shall not be effective unless and until concurred in by the FUNDING
AGENCY's designated representative.]
OWNER:
By:~A. ~
~
Attest ~~
(Sign ure)
Address for giving notices:
-.!:111 E ~'VL
1>0 :&ox /;;130
~o~JM.T Scr'7'7/-IfJ...3o
Phone: -1.f()&r:_Sg~- :.z3o(,
FaCsimile: 4i{f;:-":';':5 g;t - ~"::L-
- .----=:::- '[OORPORATE SEAL]
.-............. ... ~. --
.-:- -=-, - ~~::i:::; :<
.-~~'-=--=.-.-.:.-~ --==-~.. .~~~
- "'" - ..I .......... -
~- ............................./' .....--~-
-"----" .:
SELLER:
~EVVlI1 IA5A I LL0
Attest
Address for giving notice71
fu El~ 11U1(~~
dho.rYlCl~V)'U u\ 80, 8t q::;,
Phone: ~~ ~SPA-- Oo?l1 .' __ _ _
Facsimile: ~~59l4-- O~--<.:. :">~~.- _"~:':-"~'--"
.--:- _.~.
- ~ '-- -...-
[CORPORATg:S~Ag -::..: .' ~:
- - . -~: --- . '''"- .~
- _" "0/ ........ --.-.......:::
...,. ..~--~..~~--- '--.,~"~~
'. .,/ '- : -..:.- ...-
,~... .
Agent for service of process:
The foregoing Contract, including all Contract Documents which are a part thereof, is in due form
according to the law, and is hereby ~
By: ~ e~~1(
, (Si ature)
Attornev of the Citvof Bozeman. Montana
(Owner)
END OF SECTION
00...52713-00123
Bozeman WRF Phase I Early Qut Aeration Basin Mixer Prepurchase
00500 ' 3
8/2112007
,-t
.v-
.-.....
SECTION 00300
BID PROPOSAL
FOR
Bozeman WRF Phase 1 Early Out Aeration Basin Mixer Prepurchase
W.:L:LQ- EMU U$~
From:
LL-C
To.
C-rv
J... I
0;:. BC'~E MAN
Mo{. T4t'J/\
The undersigned, as Bidder, declares that we have received and examined the Project Manual for
Aeration Basin Mixer Prepurchase, that we are well-qualified to supply the Goods. that we are familiar with
the Work, applicable federal, state, and local laws, ordinances, rules, and regulations, and conditions
affecting cost, progress, or performance of the Work, and have made such independent investigations as
Bidder deems necessary.
We acknowledge that the Project Manual provides the bidding and contract requirements. the general
conditions of the contract, the technical specifications. as welf as the referenced federal, state, and local
laws. ordinances, rules, and regulations.
We acknowledge that addenda numbers _ through _ have been receIved and have been
examined as part of the Contract Documents.
We aCknowledge that this bid includes the following completed documents:
Bid Proposal, Bid Schedule, Bid Guaranty Bond, and Non-Collusion Affidavit.
The undersigned, as Bidder, proposes and agrees that if this bid is accepted we will contract with the
City of Bozeman, Montana, hereinafter referred to as Buyer, on the form of agreement provided herewith
to accomplish the Work according to the Contract Documents with all terms and conditions contained
therein. We agree to sign the agreement without qualification and to furnish the performance and
payment bonds and the required evidence of insurance within t~nj10) calendar days after receiving
','"Ilter, notice of the award of the contract. A Bid Guaranty Bond is provided herein as required to bind
thiS obligation.
We further propose and agree, if Our bid IS accepted and a contract for the Goods is entered into with
the Buyer. to plan the Work and to prosecute it with such diligence that the Work shell be completed
within the time stipulated, and to accept as full payment the bid price(s) written ;n the following Bid
Schedule.
We agree that this Bid Proposal constitutes an offer, which shall be binding on the undersigned for ~
(60) days from the date of opening of bids.
The party by whom this proposal is submitted and by whom the contract will be entered into In case
the award is made to him:
Bidder (State whether business is a Corporation, a Partnership, or an Individual)
AJ;,4- J /III! tlS-A- ILL 1 i C.
Bidder's Address:
G eo 4.1<..5', oJ
Slale of ]~:
I)() 5.!713.()() 12 J
Buzcma.1l \\'RF Phase 1 ('.11,1>' (Jill ""ration Basin ~lI:-;"r Pr"pulchll..';c
00300. I
6/1 moo7
Corporate Address:
0& Ct"~('fl'r f);"j;;tjV
;r;::;,dfVf7~J C-c. J /7 f2
Bidder's Phone Number: ");2 9 - ~ 8"1- (/(J 7/'
Bidder's Fax Number: rl)..7- .ri y- t?J d 3 Y
Dated:
1'- jlJ ~o7
tfZ-
Signature:
-r-
'U
Name of A~iZing Offi~
/eLj ~<
~~si~f /CE ()
t
Title:
END OF SECTION
(SEAL)
00... :'27 I3.()Q 111
R02cman WRF PhllS" I Earl) Out Acration Basin I\l.ixcr f'rerlllr~ha5C
0(31)().2
~
....
6!18r2(;{)7
~
.,
~
SECTION 00310
BID SCHEDULE
FOR
Bozeman WRF Phase 1 Early Out Aeration Basin Mixer Prepurchase
It is the intent of the Owner to award a contract to the lowest responsive. responsible bidder on the basis
of the lump sum total bid price written below.
The Bidder hereby certifies that the costs for aU tabor. services. equipment, tools, plant. materials.
licenses, permits. fees, and taxes necessary for completion of the Work according to the Project Manual
are included in the price(s) for the bid items shown herein.
ITEM DESCRIPTION
A. Aeration Basin mixing equipment as speCified herein, Total Lump Sum Bid:
S FC'_"'Y.-FQ...rT"(',"'~"''''..\ T\i~e;"~ kvr<~N;-' N'f\{'~7'h..rc' dollars (Use words)
it 4'-1. J q 5 - 00 (Use figures)
.
The above Item A will serve as the basis of determining the lowest, responsive. responsive Bidder.
l'\l S27Ij.(Jt)I~.:
l)olcman WitI' Ph",,~ I .E:lrly 0\11 ,\cr.llllln lJasln l\lJ;l.cr f'rcpurdl""
fY.!3 l~) - I
1i/lll/2007
..._...~~. __~_____..m
.~
~.
We agree that the Goods and Special Services will be substantially completed and ready for final
payment in accordance with Article 10.06 of the General Conditions on or before the dates or within the
number of calendar days indicated in the Agreement and as listed below. Bidder shall indicate the number
of days after Notice of Award for each item. All days noted below are calendar.days.
~
Bidder's Time
1. Notice of Award
................'Ii....'W
2 Submit Shop Drawings to Engineer
I V:..I n", S
3 Deliver mixer in-basin guide rails and support brackets to
site
2-0 T}~
4. Submit Preliminary O&M Manuals to Engineer
s,z) 'U,/>
5. Deliver Mixer Units to Site
'-f 5 Tl'j $
6. Submit Final O&M Manuals to Engineer
ill .........*.*.~... ill
7. Perform Manufacturer's Field Services
.50 U\'j <;
q c.D l::h.7 ~
8. Final Completion
Acceptable Time
Frame after Date
Q!..;.
............~.....""..
1 0 days (after
notice of award)
20 days (after
shop drawing
approval)
50 days (after
shop drawing
approval)
40 days (after
shop drawing
approval)
50 days (after
shop drawing
approval)
60 to 80 days
(after ship drawing
approval)
90 days (after
shop drawing
approval)
A delay in Event 1 will delay the other events accordingly.
All specific cash allowances are included in the price set forth above and have been computed in
accordance with the General Conditions.
Dated:
LL C
Name of Business:
Name:
Title:
(Xl 52713.00123
B01.cmall WRF Phase I Early QuI ACratll'(l Baslll /'.l1xer Prcpurcha.<c
003 I [) . 2
6/1812007
THE AMERICAN INSTITUTE OF ARCHITECTS
Executed in five counterparts
Bond NO.08901506
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
WILO-EMU USA, LLC
86 Genesis Parkway
Thomasville, GA 31792
OWNER (Name and Address):
City of Bozeman, Montana
411 East Main Street
Bozeman, MT 59715
CONSTRUqlON CONTRACT 7
Date: A.~US+ IJ..,,:1<<>
Amount: ($ ~,395.00 ) Forty Four Thousand Three Hundred Ninety Five Dollars and 00/100
Description (Name and Location) :City of Bozeman, WRF Phase 1 Early Out Aeration Basin Mixer Prepurchase -
Supply 4 Mixers with accessories
BOND
Date (Not earlier than Construction Contract Date): Av-'u.lt ;If; tJ,(J-d7
Amount: ($44,395.00 ) Forty Four Thousand Three Hundred Ninety Five Dollars and 00/100
Modifications to this Bond: [) None 0 See Page 3
SURETY (Name and Principal Place of Business):
Fidelity and Deposit Company of Maryland
6800 Paragon Place, Suite 137
Richmond, VA 23230
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
WILO-EM~
Signature:
Name and Title: [)OnYICL ON hV\SOV\
CY<.cUi Ma.k1lX.~ y
(Any additional signatures appear on ~ge 3)
SURETY
Company:
Fidelity a
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Thomas Rutherfoord, Inc. other party):
1001 Haxall Point, Suite 800
Richmond, VA 23219
804-780-0611
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA 1&
THE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVE., NW" WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 1
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 Ovvner 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 Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to 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 de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub.
paragraph 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 accor.
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 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 Construc-
tion Contract itself, through its agents or through inde-
pendent 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 Con-
struction Contract, arrange for a contract to be pre-
pared 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 ex-
cess 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 aiter the amount is deter-
mined, 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. If the 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 Surety
elects to act under Subparagraph 4.1. 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 Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting 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 dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or ~et off on account 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, administrator~ or successors.
8 The Surety hereby waives notice of an~' change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any collrt of competent jurisdiction in
the location in which the work or parI of the work is located
and shall be instituted within two years after Contractor
Default or within two years aiter the Contractor ceased
working or within two years after the Surety refuses or fails
10 perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1964 ED. . AlA ,~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW VORK AVE., N.W.. WASHINGTON. D.C. 20006
THIRD PRINTING. M^RCH 1987
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Ownerorthe Contractor shall
be mailed or delivered to the address shown on the sig.
nature 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 con.
forming 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 of the 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 Con-
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
tractor 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, reo
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con.
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig.
nature page, including all Contract Documents and
changes thereto. .
12.3 Contractor Default: Failure of the Contrac;tor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con.
tractor as required by the Construction 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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company;
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 . PERfORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA !II
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.. NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 3
!. ,
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No. 08901506
AlA Document A372
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
WILO-EMU USA, LLC
86 Genesis Parkway
Thomasville, GA 31792
OWNER (Name and Address);
City of Bozeman, Montana
411 East Main Street
Bozeman, MT 59715
CONSTRUCTION CONTRACT 7
Date: Av.s~f. a~ aeo
Amount: ($44,395.00 ) Forty Four Thousand Three Hundred Ninety Five Dollars and 00/100
Description (Name and location): City of Bozeman, WRF Phase 1 Early Out Aeration Basin Mixer Prepurchase - Supply 4
Mixers with accessories
BOND
Date (Not earlier than Construction Contract Date): ^1.A-tJ\l.t+ 9cr,?-0'0 7
Amount: ($ 44,395.00 ) Forty Four Thousand Three Hundred Ninety Five Dollars and 00/100
Modifications to this Bond: KI None 0 See Page 6
Fidelity and Deposit Company of Maryland
6800 Paragon Place, Suite 137
Richmond, VA 23230
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
WILD-EMU USAJOC
Signature, li ~
Name and Title: COhYKl CO\.! \JOhYlson
0' tcUL Vv\lX V\C(C\lf
(Any additional signatures appear owpage 6)
SURETY
Company:
Fidelity and D
Kathleen M. Ferrigno -
Attorney-in-F act
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Thomas Rutherfoord, Inc. other party):
1001 Haxall Point, Suite 800
Richmond, VA 23219
804-780-0611
AJA DOCUMENT A312. PERFORMANCE BOND AND PAVMENT BOND. DECEMBER 19M ED_ . AlA (8)
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW VORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1967
A312.1984 4
~ II .
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 furnished for use in the perfor~
mance of the Construction Contract, which is incorp~
rated 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 harmless 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 fur-
nished 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.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, 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 of the claim.
4,2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials 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
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above n~
tice 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 the
Owner to the Contractor or to the Surety, that is suffi-
cient 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 45 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 perfor-
mance 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 earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond. and shall have under this Bond no obli-
gations 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 juriy
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. 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.
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 accompli~hed, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond ha~ 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 con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AlA DOCUMENT A312' PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED_' AlA'"
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW.. WASHINCTCN. D.C. 20006
THIRD PRINTINC . MARCH 1987
A312-1984 5
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 furnish 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 equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil. gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance 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 sig-
nature 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 Con.
tractor as required by the Construction 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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT 1.312 . PERFORMANCE BONO AND PAYMENT BONO' DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING · MARCH 1987
A312.1984 6
" .,
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By~Laws of said ny, which are set forth on
the reverse side hereof and arc hereby certified to be in full force and effect on the d, ," ereby nominatc,
constitute and appoint Thomas R. BROWN, John C. STANCHINA, I en M. FERRIGNO,
Hunter F. A VERY, Patricia L. LEWIS, Joann E. STAHR '. , ~ . '" ER and Claudia M.
CLARKSON, all of Richmond, Virginia, EACH' I ~r!!~ - act, to make, execute, seal and
deliver, for, and on its hehalf a" s surety, ' ~ts~ ,'" e tJ'r, ,~ ~ a;d undertakings, and the execution of
such bonds or undertakings in p fi~e pre" ,~~~ a ' ing upon said Company, as fully and amply, to all
!nten.t~ an~ purp~)se~}a . n~ c t ~nowledg.ed by the regularly e1e~ted officers of ~he. Company at
Its olllce III BaItlmo\g?M'i.;"!jJ t~ " e sons. This power 01 attorney revokes that Issued on behalf 01 Thomas R.
BROWN, John C. S~~~~ . WINFREE, Kathleen M. FERRIGNO, Hunter F. AVERY, Patricia L LEWIS,
Joanne E. STAHR, d@lhillJ1'.J01ERS, Jacqueline L JOINER, Claudia M. CLARKSON, dated Novemher 28,2006.
The said Assistant Secretary does hereby certify that the extract set f()rth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Cbrporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of
December, A.D. 2006.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
tUJ/ }J. ~
By:
Assistant Secretary Frank E. Martin Jr.
,) J' t ri- I
___"_"m ,;r ! 'u l' '
____..[ ,Ad! c ,'" U/L ,.rj
Eric D. Barnes
Vice President
State of Maryland } ss:
City of Baltimore
FOR YOUR PROTeCTION,
LOOK FOR THE ZURICH WATERMARK
On this 20th day of December, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they arc the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
\\\,"111'1/
...\.'~ \' ~,y~. ~~.'.~lll'l
:;\; ~/H(J)At.:'\<:'~
t ..lc ('-I-Ytr
.~i4 ........ i :
~'t~;..~;'bt 1(,......(1/
'(,(:I(i ......,.;.;:o.{~,\:
'I,,;~/:~f:\~,,\\'
~~GD~
Maria D. Adamski Notary Public
My Commission Expires: July 8, 20] I
POA-F 176-02178
'. ,
EXTRACT FROM BY.LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of ALLorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors 10 appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That Ihe facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be .valid and
binding upon the Company with the same force and effect as though manually affixed. .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
~ cr~ day of ~usf
, '/).tn>7.
Y'7 ',/'] ---I 1/ /
/'1' ",,1', :f H-"c:7
AssiSTant SecreTary
"
PRODUCER Phone" 676 - 942 -1403
Thomas Rutherfoord, Inc,
5h60 New Northside Drive
Suite 400
Atlanta GA 30328
Fax, 678-366-3396
I DATE (MMIDDIVVYY)
8/15/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
ACORDT!'
CERTIFICATE OF LIABILITY INSURANCE
INSURED
Wilo-EMU USA, LLC
86 Genesis Parkway
Thomasville GA 31792
!
I INSURERS AFFORDING COVERAGE 1 NAIC #
---~URERA. pra_~t_OLian IrJ_S~'Llr.-"l..~ce CQ\TIllil_I1Y-I-~~~==
I INSUR~~B:Hart ford Qn9_ITwri t,,"p;; I ni2__CQ_._:_
IINSURi.~_c,Hart f ol~d Insurance _Gr_Q1ill_m__m~___
i INSURER D m.__. ___ _n 1_____
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI, INDICATED,
NOTWITHSTANDING AN'" REQUIREMENT, TERM OR CONDITION OF ANY CON'l'RACT OR OTHER DOCUMENT WITH kESPE':T TO WHICH THIS
':ERTIFICATE MAY BE ISSUEIi OR M1\,- PERT1\n:, THE INSURAW~E AFFORfJElJ BY THE POLICIES DESCRIBEl1 HEREIN IS SUBJE':::T TC'
TERMS, EXCLUSION,; ANL' CONDITIlJNS OF SUCH POLICIES, AGGREGATE LIMIT,-; SHOWN MAY HAVE BEEr; REDUCEI, BY P1\U' CLAIM",
it~ni.tiiY~ .----. -------m----;-~~ICY NUM6ER I PJlk'CY EFFECTIVE! POLiCY-~XPIRATION : ---.----- LIMITS - ----.
A i GENERAL LIABILITY 17 200563 GLP 1/1/2007 I EACH OCCURRENCE S 1,00 C', 00t:'
iDAMACETORENTEO- -----... '-1
I COMMERCIAL CENE~~'=,IABILlTY , 1..XB"MI~_ES. ~c"u!,,_n_,,______$:L_()U , 0 r) 0_.
CLAIMS MAOE ILl occUP I lJ-1ErJ cX~ Il\nY_~Ce.p~2ol __,S.".L 0 () -_
___ ____________ ~__"'_F.RSONAL,~ADV!t}JUR I', 1.......'Q_U.- 0, ooe'__1
________________ :GENc5~_'=AGGREc;A E : ::; , 00 (< , 00 ( __
~'LAGGRE5!~-!-ELlMITAPPLlE~PER ! I PRODUCTS-C'2MP/ClPI\.G_~'_ L~_~DOO , OOQ I
I 1 POLICY . f'Rf~ 1 i LOC
I
ALl, THE ..
Fi
I AUTOM061LE L1A61L1TY
[-=1...] AN, AUTO
, --.--.1 ALe OWNED AUTOo.i
; SCHEDULED AUTOS
114UTJQTA5474
,1/1/2007
[1/1/:C008
1 COMBINED SINGLe I.IMIT
I (E:;:l accidenll
I
I BODII Y INJUR'.
i (Per person;
I S - ,Ci r) 0 I 0 () l.
I
I
I
~
0_.1 NON-OWNE:l AUTOC;
i_:L]~.Q..D....G..SQIm:~ D~Q~
I;': IS1 , 00[' CoL Ded
, GARAGE LIABILITY
AN\ AUTU
I PROPeR I Y [\~ "
! {Per acclderlt
i AUTO ONL, - c A ACTI DE N-:- !
--I
I
I
~~~"-_.
, HIREr> Al'T'. '
I "ulolL Y IN.llW
, ,I....er acci08nt:
OTHER THA~
; AUTO ONL',
"'AACC I
.. ----------------1
AGI=i
1-,
1"'_:>c~ESSIUMBRELLA LI~BILlTY 19 () 0 021S:::UP
l.x_1 OCCUR ___J CLAIMS MAD"
[ 1 / 1 / 2 [, 0 7
il'1'2008
I EAUIOCCURRENCe:
I AG.GR"~~o
::, , 0 QD._J_QQL_
1 'c, 0 QQLQ..Q.Q.__
I:;;
'-
I DEDUCTIBLE
1 RETENTION S 1 (I 000
WORKERS COMPENSATION AND
EMPLOYERS'LIA61L1TY
ANY PROPRIETORiI 'r\RTt ;~R/EXECUll'-'~:
OFFICER/MEMBEe e ':Cl'.IDErY-'
If yes, deSCribe UrlCJt'
SPECIAL PROVISIONS belo\i\'
I OTHER
I Bu,-,. Personal Propert:'
IEm~loyee Dishonesty
~ ~,
B
i14UUQTA547~
1/1/200-
I
I
11/1/200f
i :'
xLi6~$I~~,~~J'~~_t- _ ______
:C.L. EACH ACCIDEIC' .___-------.!..2_ ,0 [1 U , 00 C I
E,L, DISEASE - EA EMPLOYEE' :;; -.._L.Q_O Q, OOiL__
, ~.L. DISEAoo. POLICY LIMn I:;;. 00 [) 000
!"".O", 'n. 'e~ ':J
'~:O:d::' ..u.uc:e~ ,::,n:o,o I
li~:':-:?:::' .1l1l:_C., in,;~l:reG.
114 WEQRI2:, 62
Il/1/:::00-
11/1/::'00f'
P~SCRIPTION OF OP~RATIONS I LOCATIONS IVEHICLESI EXCLUSIONS ADDED BY ENDORSEM~NT I SPECIAL PROVISION~
L .:..':~- ':<: Bozema.n, Hc:"\ntvnr:., HDF Erlr;l.i.nee':.in('j, Ir:....--.'. 2.-.::1 fv'lc:....-:..-...:.?::n-Maier:Le, 1L: .__ ~'_......~3' ell
... ::.a~-:.'ne6 BlanJ':.et ..........dditi,:JTIu.l lnu\.n.ed t.I:'._VYr~=,ement Wf,l..,ve:.. SUbroqatio:t, _:'_ i.~VCI c...'.
...r.,ve:('cL1f: lfi vn-itten on a p::.-imar-:/'non-cclntribut(1r~: .oa~3::~.3. -
1J. insurance requlred by ~he contract documents, or by law,-, or regulations shall remain In full. f:orece and effec~ on
..~~.~, phC:\GeD of the. v,'C):J:::},:'/ wl1ethe:..- O~- not the war}:;: is (1ccupiec. 01. utilized to. bllVP'l"/ until 0.11 work: l.nr-tuderj IT' tnt:
'ontinuec.i. . .
City of BozemaL, Moni.:..ana
411 East Main Street
Bozeman MT 5971S
CANCELLATION
SHOULL, l\NY OF Th;. ABOVE DESCRIBED POLICIES B:2. :ANi:i::J.,LE!!
BEFORE THE EXPI C'],TION DATE THERl::OF, THE ISSUIEG IN':UEEF
WILL ENDEAVOR .::' MAlL :,0 D;',Y:O WRITTEN NOTIC3 TO THe
CERTIFl CATE HOLDEE NAMED TO THE LEFT, BUT FAILURE TO D'-:' se,
SHALL lMPOSE NO OBLIGATION OR LIl>.BILITY 0" 1\1-:.: KINI' U1'O(: I
THE INSURER, ITS AGENTS OR REPRESENT~TIVES.
CERTIFICATE HOLDEr.
AUTHORIZED REPRESEt-:TATIVE
o -"Icf'f," c., S1o:r-'Lk_,~J_
"ACORD CORPORATION 198!
I
ACORD 25 (2001/08
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pOlicy(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).
DISCLAIMEF
The Certificate of Insurance on the reverse side of this form (loes not constitute a contract between
the Issuing insl1rer(s;, authorizer! representatlv~ or oroduce;' and the certificate holrJe. nor does it
affirmative: r negatlvel, amenr extenc 0:' ane" tn, coverage aflOrded I:' the 00Ii(;18. listecl TrI8reor:.
ACClRD 25 (2001/08)
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS I SPECIAL PROVISIONS
agreement ho.,s beer, completed and final payment has been made.
Noth,nq contained in the insurance requirements shall be construed as limited the extent of sellers responsibility to!
lx'yment. of damaqe:; re,-'ultlng from hIs orleratlon" under the contract, Sellel:' agrees that he alonE shall be completel'!
responsible fo~ procurino and maintaininq full inSUt'8tlce coveraqe as provided herein O~ as nla~' be otherwise required ~'
the contract document3. -Any approval by-buyer or engineer sha:;'~ not operate to the contary,
The insurance carriers listed abOVE have a A-VII or Bette; ratlng.
I
L
NOTICE OF AWARD
JUI~2007
TO:
Mr. Michael Prayoonvech
WILO-EMU USA
P.O. Box 51302
Riverside, CA 92517
c.
WILO-EMU USA, LLC
170 Big Star Drive
Thomasville, GA 31757
RE: City of Bozeman WRF Phase 1 Earlv Out Aeration Basin Mixer PreDurchase
The BUYER has considered the BID submitted by you for the above described WORK in response to
its Advertisement for Bids dated June 24, 2007, and Instructions to Bidders.
You are hereby notified that your BID has been accepted for items in the amount of $44.395 (Forty
Four Thousand Three Hundred Ninetv Five Dollars).
You are required by the Information for Bidders to execute the Agreement and furnish the required
Performance Bond, Labor and Materials Payment Bond, Certificates of Insurance, within ten (10)
calendar days from the date of this Notice to you. In addition, you are required to submit Shop
Drawings to Morrison Maierle Inc., 901 Technology Blvd., Attention James Nickelson, Bozeman,
Montana, 59715 within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds and other required documents within
ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights
arising out of the BUYER's acceptance of your BID as abandoned and as a forfeiture of your BID
BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of the NOTICE OF AWARD to the BUYER.
DATED thi$l.Jday of July, 2007.
City of Bozeman. Montana
411 E. Main Street
Bozeman. MT 59715
BU~~
By: ~ A. "-
Chris A. Kukulski, City Manager
********************
ACCEPTANCE OF NOTICE
OF AWARD is hereby aCknow~ged by the K;I~;.r'
LL0 ,this 2J - day of ~' 2007.
BY~~
Title' CO