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HomeMy WebLinkAbout04- Stiff Building second floor remodel agreement with R & R TaylorTM _ 1991, AIA DocumentA101 I Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the tenth day of March in the year of 1w — o Thousan Eo- U r (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 and the Contractor: (Name, address and other information) R & R Taylor P.O:, Box 1234 13ozem an, _M—T 59771-1234 (49- 587A451 FAX(406)586-7508 The Project is: (Name and location) The Architect is: (Name, address and other information) The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ELECTRONIC COPYING of any Portion of this AlA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A101 Tm —1997. Copyright 0 1915,1918,1925,1937,1951, 1958, 19 61,1963,1967,1974,1977,1987, 1991 and 1997 by The American Institute of Architects. All rights reserved, YVARNMG- TIMs AIA Document ns protected by US, CopyrlgM Lavv and lrrternafional 'rreafies, UnaufhorizPd reproduc0on or d1stflbufian of this AIe Docurnent, or any portion of it, q ay rasr& j seyelme CWH and criminw penakfes, and ArW be pil'osecuted to the nia4imu n extent passffile under thp lavv. This draft was produced by AIA software a[ 11:05:31 on 03111/2005 under Order No. 1000082411 —1 wh'cch expires on 111212006, and is not for resale. User Notes: J DOCIRROPERTY "AlA_UserNotes"I (969486901) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of Commencement will be fixed in the Notice to Proceed issued by the Owner. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty (120) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) The Contractor agrees that the Owner may deduct from the amount otherwise due the Contractor, Five Hundred Dollars ($500.00) per day for each calendar day the work has not been completed, and also agrees that to the extent that if it is not possible to make such deduction from the amount due the Contractor, the Contractor, will pay the Owner the amount written above for each day the work has not been completed past the date agreed to achieve Substantial Completion. This amount is agreed upon as liquidated damages and not as a penalty, because it would be exteremely difficult to establish actual damages. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Sixty-Eight Thousand, Four Hundred Eighty-one Dollars, ($ 168,481.00 ), subject to additions and deductions as provided in the Contract Documents, AIA Document A101Tm-1997. Copyright 1 9 1 5,1918,1925.1937,1951,1958, 1961, 1963,1967,1974,1977,1980, 1987, 1981 and 199 by The American Institute of Architects, All rights reserved. VVARMW 'This AJO Docurnent us protmted by U,S,, CapVidght Law mid IntarrmfionM TrPahes. Unav,ahodzed relprodueflon or distrfliuUon of ttft WO Dccurmnt, or mly of U, msy ll in severs dyfl , ar criminai pellaWes, wed wiff be 2 i.wrosecutad to 0W rrmxa mupn extent iaassiWe under thO IaVVr. We document was produced by AIA software at 12W:15 on 03/10/2005 under Order No.1 0001 41 663 - 1 which expires on 10/15/2005, and is not for resale. User Notes: (2024877446) § 4,2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identi cation of f accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach. a schedule of such other alternates showing the amount for each and the date when that amount expires) NIA § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) N/A ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: One day prior to the last Wednesday of each month. § 5.1 .3 Provided that an Application for Payment is received by the Architect not later than one day prior to the last Wednesday of each month, the Owner shall make payment to the Contractor within two weeks. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than twenty -one ( 21 ) days after the Architect receives the Application for Payment, § 5.1.4 Each Application for Payment shalt be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.5 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 73.8 of AIA Document A201 -1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -1997, AIA Document At09 TM —1997. Copyright O 1915,19M 4925, 1937, co i 1951 1 9 58, 1961 1963, 1967, 1974, 1977, 1980, 1887, 1991 and 1997 by The American Institute of Architects. All rights reserved. y''t,� PINVVwiG, This Z DoCiamraent N pratected Way U.S 4 olpy0ght Low and hvlaTrnaVonat Tr °ea�tieri, N7aa'amttmovm,real ran m e to tV � pr^xduacticpw! distribution of tWs MA m Dtwumenit, or any portiwi amt K, may rpsult in severe cfia,vil and co °famnkwi IaeolWfies,,, and MH be prosecuted o QTp Arnumi extent rosMbie under the flaw. This document was produced by AIA software at 12:07,A 5 on 03/1012005 under Order No. 10001416631 which expires on 10/15 {2005, and is not for resale. User Notes: t2024877446y § 5.1.1 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a surd 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 AIA Document A201 -1997 requires release of applicable retainage upon Substantial Completion 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 AIA Document A201 -1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting fi - om the percentages inserted in Sections 5.1.15.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.1.10 Each Applciation for Payment shall indicate a sutra of one ercent (1 %) of the gross amount of each payment to be subtracted from the new payment and to be retained by the Owner to pay the State of Montana Gross Tax Receipt Tax as required by State Statute. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when; the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201- 1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7,2 Payments due and 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 located. (Insert rate of interest agreed upon, if any.) AIA Document A101T" —1997. Copyright O 1915„ 1918 1925 1 937, 19511958, 1961, 1963, 1967, 1974, 1977 1980 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. A RNIRM This AiA Document is pmotsuted by u. S. Copyight Law and lnternationsl Treatie& i.trwatdha laed reproduction or distrib"tion of this AfO Docuiirient, nr any portion of it, may resuH in severe civil and Wrm iii f pen;aftle%, and will! be 4 pi aser uted taa the rnwdm unt extent possibtre under the law. This document was produced by AIA software at 12:07:15 an 03110/2005 under Order No.1 0001 41 663_1 which expires on 10/15/2005, and is not for resale. User Notes: (2024877446) ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect 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.) § 7.3 The Owner's representative is: (Name, address and other information) James Goehrung, Superintendent of Lands & Facilities City of Bozeman P. 0. Box 1230 Bozeman, MT 59771-1230 (406) 582-3200 FAX (406) 582-3201 § 7.4 The Contractor's representative is: (Name, address and other information) Russ Olsen R & R Taylor Construction 13 S. Willson, ,Suite 1 P.O. Box 1234 Bozeman, NIT 59771-1234 (406) 587-4451 FAX (406) 586-7508 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party, § 7.6 Other provisions: ARTICLE ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101 -1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 2005, and are as follows Document Title Pages Building Permit Same Building Permit - I Invitation for Bids Same Invitation for Bids - I Instructions to Bidders Same Instructions to Bidders - 14 Bid Proposal Same Proposal - 1-2 Agreement, A101; General Same Listed by reference and as Conditions, A201; Bonds, forming a part of the A312 & Affidavit, G706. Contract Documents. § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: AIA Document A10IM-1997. Copyright 01915,1918,1925,1937,1951 1958, 1981, 1963 , 1 96 7 , 1 974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARMING. I Hs Md; Docurrient is pratected by US'. CopyNghl Lame and hUernatiana1 Treaties. 111knautficerized reprodvc or distribution rat this MA Docurrwnt, or any portIDn 01 IV, may rosujkt Irws.ayere eivill and c drnh pemttjes, and MI be prosecuted to "to Knaximurn extent posstbie under the &aWr This document was produced by AIA software at 12:07:15 on 03110/2005 under Order No, 1000141663_1 which expires on 1 011 5120 05, and is not for resaie. User Notes: (2024877446) (Either list the Specifications here or refer to an exhibit attached t this Agreement.) Title of Specifications exhibit: See Exhibit A. § 8."1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: See Exhibit B. § 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum #1 24 January 2005 2 + Attachments Addendum #2 1 February 2005 2 + Attachments Addendum #3 2 February 2005 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8, § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to.f6rm part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) The following documents bound in or referred to in the Project Manual shall be incorporated into the Contract Documents: Invitation for Bids Instructions to Bidders Bid Proposal AIA 201 - General Conditions AIA 101 - Agreement AIA 312 - Performance & Payment Bond AIA G706 - Affidavit for Payment of Debts and Claims This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one,td �be Architect for use in the administration of the Contract, and the rem?kinder to the Owner. OWNER (Signaiure) Chris A. Kukulski, City Manager (Printed name and title) (SigizEture) ZUSSELL L. OLSEN, PRESIDENT (Printed name and title) AIA Document A101Tm —1997. Copyright 1915,1918,1925, 1937„ 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987 1991 and 1997 by The American Institute of Architects. All rights reserved, WAU31fflNGC1"1hJ,s A10 Doc'unifflid is Protected by US, Copydglit L,avy acrd Treaj e& Unauthorized reproducUon au dist6buthin of flft MA Document, or any poi"Von of rk, may resuft in severe ciQ and crim'lnal penaffies, and Ywill be 6 prosecuted to the irnaairn uim extent ttovAbW under the ilaww, This document was produced by AIA software at 12 on 03/10/2005 under Order No.1 0001 41 6 63_1 which expires or 10/15/2005, and is not for resale. User Notes* (2024877446) EXHIBIT A SPECIFICATIONS Division 1 - GENERAL REQUIREMENTS 01100 -SUMMARY 01250 - CONTRACT MODIFICATION PROCEDURES 01290 - PAYMENT PROCEDURES 01310 - PROJECT MANAGEMENT AND COORDINATION 01330 - SUBMITTAL PROCEDURES 01500 - TEMPORARY FACILITIES AND CONTROLS 01524 - CONSTRUCTION WASTE MANAGEMENT 01600 - PRODUCT REQUIREMENTS 01700 - EXECUTION REQUIREMENTS 01731 - CUTTING AND PATCHING 01732 - SELECTIVE DEMOLITION 01770 - CLOSEOUT PROCEDURES 01781 - PROJECT RECORD DOCUMENTS 01782 - OPERATION AND MAINTENANCE DATA 01820 - DEMONSTRATION AND TRAINING DIVISION 5 - METALS 05500 - STEEL FABRICATIONS DIVISION 6 - PLASTICS & WOOD 06100 -ROUGH CARPENTRY 06200 - FINISH CARPENTRY DIVISION 7 - THERMAL & MOISTURE PROTECTION 07620 - SHEET METAL FLASHING AND TRIM 07920 - JOINT SEALANTS DIVISION 15 - MECHANICAL 15000 - MECHANICAL GENERAL REQUIREMENTS 15030 - HEATING AND COOLING SYSTEM AND DOMESTIC HOT WATER TESTING AND BALANCING 15130 -INSULATION 15410 - SANITARY DRAINAGE SYSTEM 15430 - DOMESTIC WATER PIPING 15460 - PLUMBING FIXTURES AND TRIM 15500 - FIRE PROTECTION 15660 - WATER PIPING AND SPECIALTIES 15850 - AIR DISTRIBUTION SPECIALTIES DIVISION 16 - ELECTRICAL 16000 - ELECTRICAL GENERAL REQUIREMENTS 16030 - ELECTRICAL SYSTEMS SCHEDULE 16110 - RACEWAYS AND FITTINGS 16112 - SURFACE RACEWAYS 16120 - WIRE AND CABLE 16130 - OUTLET BOXES 16140 - WIRING DEVICES 16190 - SUPPORTING DEVICES 16450 - SECONDARY GROUNDING 16500 - LIGHTING FIXTURES 16535 - EMERGENCY LIGHTING EQUIPMENT 16740A - TELEPHONE/DATA SYSTEM/CONDUIT ONLY DIVISION 8 - DOORS & WINDOWS 08000 - DOOR SCHEDULE 08110 - STANDARD STEEL DOORS AND FRAMES 08211 - FLUSH WOOD DOORS 08550 - WOOD WINDOWS 08711 - DOOR HARDWARE (SCHEDULED BY DESCRIBING PRODUCTS) 08800 - GLAZING DIVISION 9 - FINISHES 09000 - FINISH SCHEDULE 09260 - GYPSUM BOARD ASSEMBLIES 09512 - ACOUSTICAL TILE CEILINGS 09652 - SHEET VINYL FLOOR COVERINGS 09653 - RESILIENT WALL BASE AND ACCESSORIES 09680 -CARPET 09720 - WALL COVERINGS 09912 - INTERIOR PAINTING (PROFESSIONAL LINE PRODUCTS) DIVISION 10 -- SPECIALTIES 10801 - TOILET AND BATH ACCESSORIES DIVISION 12 — FURNISHINGS 12355 - INSTITUTIONAL CASEWORK ARCHITECTURAL TI Title Sheet 1 Demolition Plan Al Second Level Floor Plan A2 Reflected Ceiling Plan and Misc. Details A3 Interior Elevations and Casework Details MECHANICAL K81.0 Mechanical Legends, Schedules, Details and Plumbing Remodel Plan M3.1 Mechanical Demolition Floor Plan KJ8.1 Mechanical Remodel Plan ELECTRICAL E1.8 Electrical Legends and Schedules E2.1 E|actdom8 Demolition Plan E3�.1 Electrical Power and Gpnnio| Systems Remodel Plan E3.2 Electrical Lighting Remodel Plan Stiff Proffesional Building — Second Floor Remodel Dated: March 10, 2005 Bozeman, Montana I i �4 �-, -1 �:, I To: R&R Taylor Construction 13 S. Wilson St. Suite 1 Bozeman, IVIT, 59715 Project: Alfred M. Stiff Building Second Floor Remodel 20 East Olive Street Bozeman, MT 59715 Contract: General Construction You are hereby notified that your bid dated February 8, 2005 ' for the above Contract has been considered by the City of Bozeman, hereinafter called the Owner. You are the apparent Successful Bidder and have been awarded the Contract for Alfred M. Stiff Building Second Floor Remodel. The Contract Price of your contract is Base Bid: One Hundred Sixty Eight Thousand, Four Hundred Eighty-one Dollars and no/100's 168 481.00 Total Contract Award: : 168,481.00 15 sets of Contract Drawings and Specifications will be made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date that you receive the contract. 1 You must deliver to the Owner 3 fully executed counterparts of the Contract included in the Contract Documents. Each of the Contracts must bear your signature on page� 6 . 2. You must deliver with the executed Contract, the Contract Bond as specified in the Contract Documents. 3. You must deliver with the executed Contract, Certificates of Insurance for coverages as specified in the Contract Documents. Notice of Award -1- Within ten days after you comply with the above conditions, the Owner will return to you one fully signed counterpart of the Contract. The date of Substantial Completion will change as follows: Upon receipt of the Notice to Proceed the contract time of (1 0) calendar days will commence. City of Bozeman Owner Chris Kukulski, City Manager ACCEPTANCE OF AWARD — MARCH 14, 2005 Date Copy to Architect by Regular Mail. Nofice of Award -2- THE AMERICAN INSTITUTE OF ARCHITECTS 1 1• •14 li "����,lyr? ' Bond No.2050668 AIA Document A312 Al Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): R and R Taylor Construction, Inc. P.O. Box 1234 Bozeman, MT 59771-1234 OWNER (Name and Address)- City of Bozeman 411 East Main Street Bozeman, MT 59771 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: March 10, 2005 Amount: (s 168,481 .00 ) One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 00/100 Description (Name and Location): Stiff Building Second Floor Remodel BOND Date (Not earlier than Construction Contract Date): March 11, 2005 Amount: ($168,481,00 ) One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Modifications to this Bond: K None El See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) R and R WTanstruction Inc North American Spe Insu pany Ir Signatu Signatvo: R1 L Name i I SSELL L. OLSEN, PRESIDENTName Lori Newton , = Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER, OWNER'S REPRESENTATIVE (Architect, Engineer or Payne Financial Group, Inc. other party) 2323 2nd Ave. North Prugh & Lenon Architects, P.C. Billings, MT 59107 27 East Main Street, Unit D Bozeman, MT 59715 AIA DOCUMENT A3t2 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED, - AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 A312-19M I THIRD PRINTING • MARCH 1487 I 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 (he 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 (lie 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 after 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 anv 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 (he Con- struction Contract, and the Balance of the Contract Price shalt not be reduced or set 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, administrators or successors. 8 The Surety hereby waives notice of any 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 court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or Within two years after the Contractor ceases[ working or within two years after the Surety refuses or fails to perform its obligations under (his Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1484 ED.. AtA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D,C. 2€0% A312 -1984 2 THIRD PRINTING • MARCH 1987 able 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 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, re- 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 Contractor, 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: — Name and Title: Address: Signature. — Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING - MARCH 1.987 THE AMERICAN INSTITUTE OF ARCHITECTS ACA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): R and R Taylor Construction, Inc. P.O. Box 1234 Bozeman, IVIT 59771-1234 OWNER (Name and Address): City of Bozeman 411 East Main Street Bozeman, MT 59771 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: March 10, 2005 Amount, ($168,481.00 One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Description (Name and Location): Stiff Building Second Floor Remodel BOND Date (Not earlier than Construction Contract Date) March 11, 2005 Amount: ($ 168,481,00 ) One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Modifications to this Bond: KI None C1 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea]) Company: (Corpotate Seal) R and R Taylor Construction, Inc. Signature: — Name and Title: North American Specialfir,4t s urance pa y Signature: Name and 16W. 'Lori Newton Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Payne Financial Group, Inc. other party)- 2323 2nd Ave. North Prugh & Lenon Architects, P.C. Billings, MT 59107 27 East Main Street, Unit D Bozeman, MT 59715 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED, - AIA 0 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D,C, 20006 A312-1984 4 THIRD PRINTING - MARCH 1987 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 incorpo- 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 no- 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: 61 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 Pay or 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 Co'ntractor 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 juris- 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 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 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 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND *DECEMBER 1984 ED.* AIAM THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W, WASHINGTCN, D.C. 20006 A312-1984 5 THIRD PRINTING - MARCH 1987 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: — Name and Title: Address Signature: Name and Title Address- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED, - AIA Z THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRIMING * MARCH 1987 111111 : 1 9 1 1 i IF 40 1 �� • l�� 11 WIN lid ;PJA 1114 VW ZA & 6 11 i!6_1 ZT-3 h, IN :111 1 ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance Act of 2002 (`"the Act) is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is 10. As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding Us notice please visit our website www.nessut§ly.com oryou may call our office at 630- 227- 4825. REV: 2/03 agent notice NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: Allan Huttgren, Sylvia Tilzey, and Lori Newton, jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000; "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, under and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By Paul MAmsmu, President C1nefExevutkve0fflcer of Washington international insurance Company 1F Vice President of North American Specialty Itesorarwe Company SEAL Z Z- , fit I I By-ar--2- Steven P—Anderson, Executive Vice President of Washington International insurance Company & Viet President of North American specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of January_ 2005 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 10 day of - January ' 20 05 , before me, a Notary Public personally appeared Paul D. Amstutz President and CEO of Washington Internati Insurance Company and Vice President of North American Specialty Insurance Company and — Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, Personally known to me, who being by ine duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. CIFFANAL W.OL V ASIA" A I ATM Yasmin A. Patel, Notary Public 1, James A. Carpenter , the duly elected Assistant Secretary - of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in lull force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this I I day of f4arc� 2005 Ames A. Carpenter, vice President & Assistant Secretary of Washington International Insurance Company Assistant Seers o f Norlh American specialty Insurance Company THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.2050668 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): R and R Taylor Construction, Inc. P.O. Box 1234 Bozeman, MT 59771-1234 OWNER (Name and Address): City of Bozeman 41 East Main Street Bozeman, MT 59771 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: March 10, 2005 Amount: (s 168,481.00 ) One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Description (Name and Ldcation): Stiff Building Second Floor Remodel BOND Date (Not earlier than Construction Contract Date): March 11, 2005 Amount (8168,481.00 ) One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Modifications to this Bond: R3 None ❑ See Page 3 CONTRACT AS PRI Company: (Corporate Seal) R and RIATay nstructon, c. Signatur LL L. OLS EN, PRESIDENT RUSSE L. OLS Name a Ti RUSSELL SURETY Company: (Corporate Seal) North American Spec*'gfy Ins4rWe ny Signaturp"� Name Lori Newton Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER. OWNER'S REPRESENTATIVE (Architect, Engineer or Payne Financial Group, Inc. other party): 2323 2nd Ave. North Prugh & Lenon Architects, P.C. Billings, MT 59107 27 East Main Street, Unit D Bozeman, MT 59715 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D.C. 2M A312-1984 I THIRD PRINTING* MARCH 1987 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 Surely 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 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 after 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 provides[ 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 41, 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 set 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, administrators or successors. The Surety hereby waives notice of any 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 court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within twvo years after Contractor Default or within two years after the Contractor ceased working orwwithin two years after the Surely refuses or fails to 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- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA -g THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D,C, 20006 A312-1984 2 THIRD PRINTING • MARCH 1967 able 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 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, re- 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 Contractor, 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: — Name and Title: Address: Signature: — Name and Title: Address, AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED, • AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 2050668 A/A Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): R and R Taylor Construction, Inc. P.O. Box 1234 Bozeman, MT 59771-1234 OWNER (Name and Address): City of Bozeman 411 East Main Street Bozeman, MT 59771 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: March 10, 2005 Amount. 0168,481.00 One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Description (Name and Location): Stiff Building Second Floor Remodel BOND Date (Not earlier than Construction Contract Date): March 11, 2005 Amount: ($ 168,481.00 ) One Hundred Sixty Eight Thousand Four Hundred Eighty One Dollars and 001100 Modifications to this Bond: 91 None El See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: (Corporate Seal) R and R Taylor Construction, Inc. Signature: — Name and Title: (Any additional signatures appear on page 6) North American Specialty ln§_ranc Signature: ✓ Name an e: Lori Newton Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Payne Financial Group, Inc. other party): 2323 2nd Ave. North Prugh & Lenon Architects, P.C. Billings, MT 59107 27 East Main Street, Unit D Bozeman, MT 59715 AJA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19M 4 THIRD PRINTING * MARCH 1987 I 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 incorpo- 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: J 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 no- 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 Pay or 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 C6ntractor 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. 1t? 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 juris- 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 41 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 accomplished, shall be sufficient compliance as of the date received at the address shown an 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 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 AIA DOCUMENT A312 o PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED. * AW, THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE,, N,W, WASHINGTCN, D.C. 20006 A312-1984 5 THIRD PRINTING - MARCH 1467 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 orwith 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: — Name and Title: Address: Signature: Name and Title: Address- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND , DECEMBER 1984 ED. - AIA Z THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W, WASHINGTON, D.C. 20006 A312.1984 6 THIRD PRINTING • MARCH 1487 V;M AID 6"1 J, I 10 M11 h"T-In D1 Coverage for acts of terrorism as defined in § 102(l) of the Terrorism Risk Insurance Act of 2002 ("the Act"} is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is 10. As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk insurance Act of 2002. For questions regarding this notice please visit our website Www,riasLuEtty. com or you may call our office at 630- 227- 4625. REV; 2103 agent notice / /% % /�, / //` � /� /u,� %// /// G NAS SURETY NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under taws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: Allan Hultgren, Sylvia Tilzey, and Lori Newton, jointly or severally Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000. "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," `4 ® ,y�4", ` ��.s•,� c 4auw ?tn'.9i SFAL W v By 0UR0R1lT£ n = Paul Q. Amstutz President & Chief Executive officer of Washington International Insurance Company & Vice President SEAL t- @:_v0- y A AM ?. o 'b of North American Specialty Insurance Company yt d A01IZGt7J1 b .; i °° s ay Steven P. Anderson, Executive vice President of Washington International Insurance Company & Vice President of North American specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10 day of January 2005 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss" On this 10 day of January , 20 05 , before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. e y APA �+ateatcinta e,om,apt Yasmin A. Patel, Notary Public 1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 11 day of March 1 2005 r lames A, Carpenter, Vice President & Assn=t Secretary or Washington International Insurance. Company do Assistant Secretary ofylorth American specialty insurance Compuny CERTIFICATE OF LIABILITY INSURANCE OP I® DATE(MMIDDfYYYY) gqq RD, RRTAY - 1 03/03ZO5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION First West, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 1800 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1905 Stadium Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. eman MT 59715 07/15/05 EACH OCCURRENCE ,ne:406- 587.5 111 Fax;406 -586 -0271 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati insurance PERSONAL BADVINJURY INSURER B; R & R Ta Construction, Inc Ra" Pad11la Russ Olsen P .13 . Box 1254 B oz eman MT 597 71 INSURER C: $ 2 , 000, 000 INSURER D: PRODUCTS - COMP /OP AGG INSURER E: N ^.OVI =RAGES THE POLICIES 05 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMPDD DATE MDYY LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL, LIABILITY - 1 CLAIMS MADE rx OCCUR CPP0747469 07/15/04 07/15/05 EACH OCCURRENCE $ 1, 000 ,000 'PRMISES(Eaaccurence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY S 1, 000, 000 GENERAL AGGREGATE $ 2 , 000, 000 GEN "L AGGREGATE LIMIT APPLIES PER; POLICY FX I PRO- LOC JECT PRODUCTS - COMP /OP AGG $ 2 ,000,0 00 A X AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CPA0747469 07/15/04 07/15/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ A PROPERTY DAMAGE (Per accident) S 2 ` GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S - OTHER THAN EA ACC AUTO ONLY: AGG $ . - - - - -- -. . S A X EXCESSIUMBRELLA LIABILITY AX OCCUR E CLANMSMADE DEDUCTIBLE X RETENTION S10000 CPP0747469 07/15/04 07/1.5/05 EACH OCCURRENCE S 1000000 AGGREGATE $ 1000000 IS $ S WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORMARTNERJEXECUTIVE OFFICERIMEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE Stiff Building Second Floor Remodel. The certificate holder is listed as additional insured for this project. CERTIFICATE HOLDER CANCELLATION CITYB18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Bozeman 20 B Olive REPRESENTATIVES. Bozeman MT 59715 A C)RIZEDR PRESENTATIVE_ a -� ACORD 25 (2001108] '--' .% O ACORD CORPORATION 1988 Client#: 52692 lrMf -I' ►AUM ACORD C E ITT I F I SCAT` OF LIABILITY INS C E DATE ( MMPDDIYYYY) D ' NSR 03114104 PRODUCER THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION Hainess LaBar Ins. (Blgs C.L.) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2323 Second Avenue North P.O. Box 30638 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR Billings, MT 59107 -0638 INSURERS AFFORDING COVERAGE NAIC # INSURED R & R Taylor Construction, Inc. PO Box 1234 INSURER A: Montana State Fund $ INSURER B: $ INSURER c: $ 13 S Willson Suite 1 INSURER D: GENERAL AGGREGATE Bozeman, MT 59771 -1234 INSURER E: PRODUCTS - COMP/OP AGG 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 B EEN R EDUCED BY PAID CLAIMS.. (NSR' LTR D ' NSR TYPE OF IN SURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMfDDMY POLICY EXPIRATION DATE MM /DDNY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMIS T L E rt n $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER- POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE {Per accident) $ GARAGE.. LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ (]TREK THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE. RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED If yes, describe under SPECIAL PROVISIONS below 032576019 07119104 07119105 X WC sTATUM OTH- E,L. EACH ACCIDENT $100,000 E, L. DISEASE - EA EMPLOYE $1 00,000 E L. DISEASE - POLICY LIMIT 1 $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS {operations of the above insured Re: Stiff Building second floor remodel. City of Bozeman Attn: James Goehrung PO Box 1230 Bozeman, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN N0710E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TIVE AUUKU ZD (LUU110tS)1 of 2 #5184522/M166215 LL1 © ACORD CORPORATION 1988 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 ondorsement(s). If SUBROGATION IS WAIVED, subject to the terms and condffions 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 certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S ( 2 of 2 #S1845221M166215