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16- R&R Taylor Construction for Stiff Building Interior Alteration
CONSTRUCTION AGREEMENT This Construction Agreement is made this 11 day of March, 2016, by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, P.O. Box 1230, Bozeman, Montana 59771-1230 ("City"), and R&R Taylor Construction INC ("Contractor"). Recitals A. The City issued an Invitation to Bid for the construction project known as Alfred M. Stiff Professional Building Interior Alteration ("Construction Project") pursuant to the requirements of all applicable statutes, rules, regulations, and ordinances. B. The City analyzed all responses to the Invitation to Bid received pursuant to its standard practices and the requirements of all applicable statutes, rules, regulations, and ordinances. C. The City awarded the bid to Contractor on March 21, 2016 pursuant to the terms and conditions of this Agreement. NOW THEREFORE,in consideration of the covenants,agreements,representations, and warranties contained herein, the parties agree as follows: ' Agreement 7 1. Work to be Performed: a. A description of the Construction Project and Contractor's duties is set forth in the Invitation to Bid and Bid Form as awarded and accepted by City and the Construction Documents for the Alfred. M. Stiff Professional Building Interior Alteration, which are attached hereto and incorporated herein by this reference, and the drawings, plans, and specifications provided by the City and its architects and engineers. The City's Notice of Award is attached here as Exhibit A. Where a provision of any other portion of the Construction Documents conflicts with this Agreement, the terms and conditions of this Agreement shall control. b. Prior to the commencement of any work on the Construction Project, Contractor's representatives and City's representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting,Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails,refuses,or is unable to approve the same,no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. Page I of 23 Version 12 1415 f U C. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project,and as part of the final completion of the Construction Project,Contractor shall clean up the Project site,including the removal and satisfactory disposal of all waste, garbage, excess materials, equipment, temporary buildings, the removal or grading of all embankments made for construction purposes, the filling in of all excavations,and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: a. Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project within 90 days of the starting date stated in the Notice to Proceed. After receiving the Notice to Proceed from the City Contractor shall develop a Construction Schedule for approval by the City which shall become part of this Agreement. Time is of the essence of completion of all work and each phase of the Construction Project. b. The Construction Schedule is subject to the City's approval. Contractor's construction plan,methods of operation,materials used,and individuals and subcontractors employed (collectively"Contractor's Resources") are subject to the City's approval at all times during the term of this Agreement, and must be such as to ensure the completion of the work in compliance with the deadlines set in the Construction Schedule during the term of this Agreement. In the event the City determines the Contractor's Resources are inadequate to meet the approved Construction Schedule,the City may order the Contractor to accelerate its performance to give reasonable assurances of timely completion and t quality results. Acceleration under this section shall not be deemed a Change Order as defined in Section 5b below and the Contractor shall receive no equitable adjustment for such acceleration. Nothing in this section shall be interpreted to relieve the Contractor of its duties and responsibilities to plan for and complete the work in a timely manner according to the Construction Schedule. F provided by this Agreement, the City If the Construction Project is not completed within the time may deduct for each day the Construction Project remains { 4. Liquidated Damages: uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor's failure to complete the Construction Project on time. Il� l ij Page 2 of 23 Version 12 14 15 i 5. Compensation: a. City shall pay to Contractor,and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of One Hundred Fifty-Four Thousand Three Hundred Twenty Dollars ($154,320) as paid in accordance with Exhibit D, Compensation Schedule, attached hereto. b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work ("Change Order"} pursuant to the Change of Work Specifications set forth on Exhibit E attached hereto. C. Monthly progress payments and final payment will be made only in accordance with the terms of a completed Compensation Schedule to be approved by the City's Representative. All invoices must be submitted to the City's Representative. d. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all "punch list"items("Retainage Amount"). The Retauiage Amount shall be paid to Contractor thirty (30)days after the City's final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action,obligations,and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: i t a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing,including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not .relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City's inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City's inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. !j Page 3 of 23 j Version 12 14 15 f I b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so,and deduct the cost and expense of such corrective action from the Contractor's compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor's performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. Contractor shall still be required to conduct any final testing of the portions in the possession of the City. City's use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor's compensation. Contractor's warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City,through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor's performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work,proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor's work on the Construction Project with the related work. 9. Contractor's Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. t b. All workmanship and materials shall be of a kind and nature acceptable to the City. r C. All equipment, materials, and labor provided to,on, or for the Construction Project must be free of defects and nonconformities in design,materials,and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of Page 4 of 23 Version 12 14 15 the Construction Project, regardless of whether such equipment, materials,.or labor were supplied directly by Contractor or indirectly by Contractor's subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City's written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one(1)year from the date of City's acceptance of the corrective action. d. Contractor and its sureties are liable. for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor,or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until ! the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. �I g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights,guards, signs,temporary passages,or other protections necessary for that purpose at all times. k i i. All work must be performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials,tools, or other articles used or held for use in the completion of performance of the Construction Project. �k N h Page 5 of 23 Version 12 1415 i J N i k. Contractor's performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. 1. Title to all work, materials, and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor's performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall,within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall,within ten (10) days of the termination of such delay,give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor's performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by j reason of any delays. It. Suspension: 3 a. The City may,by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project ("Notice of Suspension"). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, I Contractor shall use its best efforts to minimize costs associated with the suspension. N b. Upon Contractor's receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension;(2)place no further orders or subcontracts for materials, sei vices, or equipment; (3)promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and(4) s continue to protect and maintain the Project, including those portions on which work has been suspended. C. As compensation for the suspended work,Contractor will be reimbursed for the following costs,reasonably incurred,without duplication of any item, and to the extent E that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the i extent required in the Notice of Suspension, Contractor's organization and equipment h committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor's and subcontractor's crews and equipment; (3)an equitable Page 6 of 23 j Version 12 1415 i C a amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work ("Notice to Resume Work"), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section I I(c)shall be made within fifteen (15)days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City's review and approval. Contractor's failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor's non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor's Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the Construction Project ("Termination Notice Due to Contractor's Fault"). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12,Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment I until the Construction Project has been completed. Upon completion of the Construction Project,if the unpaid balance of the Contractor's compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination ("City's Cost for Completion"), such excess shall be paid to the Contractor. If the City's Cost for Completion exceeds the unpaid balance of the R Contractor's compensation,then Contractor and its sureties shall be liable for and shall pay the difference,plus interest at the rate applicable to court judgments, to the City. e. Any termination provided for by this Section 12 shall be in addition to any i other remedies to which the City may be entitled under the law or at equity. ti ! Page 7 of 23 Version 12 14 15 I� i a d. In the event of termination under this Section 12, Contractor shall,under no circumstances,be entitled to claim or recover consequential,special,punitive,lost business opportunity,lost productivity,field office overhead,general conditions costs,or lost profits damages of any nature arising, or claimed to have arisen,as a result of the termination. 13. Termination for City's Convenience: a. Should conditions arise which,in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project,City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Construction Project,discontinue placing orders for materials,supplies,and equipment for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve,protect, and maintain work already completed, in progress, or in transit to the construction site. C. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City's Convenience,and reasonably incurred costs for demobilization of Contractor's and any subcontractor's crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City's sole property. i d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances,be entitled to claim or recover consequential,special,punitive,lost business opportunity,lost productivity,field office overhead,general conditions costs,or lost profits 1 damages of any nature arising, or claimed to have arisen,as a result of the termination. p' 14. Limitation on Contractor's Damates; Time for Asserting Claim: E k a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly Ii waives any right to claim or recover consequential, special, punitive, lost business opportunity,lost productivity,field office overhead,general conditions costs,or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or j nature, Contractor shall provide City with written notice of its claim, the facts and P 7 Page 8 of 23 Version 12 14 15 l i circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice,Contractor shall waive all rights to assert such claim. 15. Representatives: a. City's Representative: The City's Representative for the purpose of this Agreement shall be Mike Gray, Facilities Superintendent, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Chase Dyksterhouse or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative;provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 16. Locatina Under round Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the ! provisions of§69-4-501, et seq., MCA. Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities,pay all fees and charges in connection therewith,and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this jl Agreement or work on the Construction Project, shall be promptly furnished to the City ("City Documents and Information"). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all 3 Page 9 of 23 Version 12 14 15 s i f� it copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes,and provisions of the Montana Safety Act in Title 50,Chapter 71,MCA,all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 20. Non-discrimination: The Contractor shall have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor shall not refuse employment to a person, bar a person from employment,or discriminate against a person in compensation or in a term,condition, or privilege of employment because of race,color,religion,creed,political ideas, sex,age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age,physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-contractors providing services under this agreement. j I 21. Intoxicants;DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 22. Labor Relations: i a. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the site of the Construction Project and shall be made no later than the first day of work. Such posting shall be removed only upon the final completion of the Construction Project and the termination of this Agreement. !I b. In performing the terms and conditions of this Agreement and the work on the Construction Project, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by 18-2-401(1), MCA. When snaking assignments of work, Contractor shall use workers Page 10 of 23 Version 12 14 15 k 9 i� i i both skilled in their trade and specialized in their field of work for all work to which they are assigned. C. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, benefits, and expenses in conformance with the current version of the Prevailing Wage Rates for Building Construction Services as published by the Montana Department of Labor and Industry and which are applicable to Gallatin County. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements to pay applicable prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records and provide certified copies to the City. Contractor shall maintain such payroll records during the term of this Agreement, the course of the work on the Construction Project,and for a period of three(3)years following the date of final completion of the Construction Project and termination of this Agreement. d. In the event that, during the term of this Agreement and throughout the course of Contractor's performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor specifically agrees to take immediate steps,at its own expense and without expectation of reimbursement from City,to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. e. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of,resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 23. Subcontractors; a. Contractor may employ subcontractors for any work on the Constriction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any , subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain frilly responsible and liable for the timely completion of the Construction Project. €3 k f C. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of , subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor's receipt of payment, including a proportional part of the retainage Contractor has received from the Page 11 of 23 Version t2 14 15 ij I City. In the event of a dispute regarding any subcontractor's invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of§28-2-2103,MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days' written notice to Contractor,may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor,material supplier, or any other person,the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty(30)days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor's, subcontractor's or the City's employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City's Representative. This documentation must be delivered before work involving these chemicals may commence. ' 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City's final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have the right to inspect all such accounts and records,including but not limited to,Contractor's records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices,bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurances Bonds: a. Contractor agrees to release,defend,indemnify,and hold harmless the City, its agents,representatives,employees,and officers(collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and j costs (including attorney's fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and s without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i)the 1 Page 12 of 23 � Version 12 14 15 I negligent,reckless,or intentional misconduct of the Contractor;(ii)any negligent,reckless, or intentional misconduct of any of the Contractor's agents; or(iii)the negligent, reckless, or intentional misconduct of any other third party. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indernnitee(s). C. Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof. I e. In the event of an action filed against City resulting from the City's performance under this Agreement,the City may elect to represent itself and incur all costs and expenses of suit. J f. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except"responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent"as per 28-2-702, MCA. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts note less than as shown on Exhibit F: Page 13 of 23 Version 12 14 15 t The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two(2)business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000)or more. This license fee is paid to the Montana Department of Revenue. 29. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. i b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor's indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. i) 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, teens,or conditions of this Agreement does not limit City's right to enforce such covenants,terms, or conditions or to pursue City's rights in the event of any subsequent default or breach. 33. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. I� Page 14 of 23 Version 12 14 15 "E k I i 34. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor's subcontractors on the Construction Project,the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. i I 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent,representative,subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of j Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Agreement Documents: All work on the Construction Project shall be performed by Contractor in accordance with all of the terms and conditions of this Agreement and are incorporated herein by this reference: Exhibit A: Contractor's submitted Bid Form Exhibit B: Construction Schedule Exhibit C: Compensation Schedule Exhibit D: Change of Work Specifications Exhibit E: Required Insurance Coverage Exhibit E: Required Bonds Exhibit F: Plans and Specifications i a N Page 15 of 23 Version 12 14 15 iI I ;i 1 43. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written,made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: By: r Chris A.Kukulski, City Manager ,,��ii__ Print Name: �1 -Ater hoo Title: NreCt Itak7 Cta'9r APPROV D AS TO FORM (§18-2-406, MCA): By: a;`•,r ;=, .� Greg,S.41livan, City Attorney i I i ;I k n iG Page 16 of 23 F Version 12 14 15 j Exhibit D Compensation Schedule Contractor shall not demand or be entitled to receive payment for any work on the Construction Project, in whole or in part, except in the manner set forth herein. Monthly Progress Payments A. After the commencement of work on the Construction Project,the Contractor may request monthly progress payments by submitting an Application for Payment to the City's Representative during each successive calendar month, with a copy to the project architect or engineer. The Application for Payment must be based upon the actual or estimated percentage of work completed and materials supplied on the Construction Project prior to the date of the Application and shall be filled out and signed by the Contractor on a form provided by the City. Contractor shall attach all supporting documentation to the Application,including certified payroll records and receipts,to verify that the work claimed in the Application has been completed. Only one Application for Payment may be submitted within a calendar month. B. Beginning with the second Application for Payment, each Application shall also ' include an affidavit signed by the Contractor stating that all previous monthly progress payments received have been applied on account to discharge Contractor's obligations associated with the prior Applications for Payment. C. City and its architect or engineer shall promptly review all Applications for Payment and,within twenty-one (21)days after receipt of each Application, determine whether a progress payment should be disapproved in whole or in part. An Application for Payment is considered to have been received when it is submitted to City's Representative and is considered approved unless prior to the expiration of the 21-day period the City or its architect or engineer provides the Contractor with a written statement containing specific items that are being disapproved. A progress payment or any portion may be disapproved upon a claim of: (1) unsatisfactory job progress; (2) failure to remedy defective construction work or materials; (3) disputed work or materials; (4) failure to comply with material provisions of this Agreement, drawings, plans, specifications for the Construction Project, or other required documents, including but not limited to, payroll certifications, insurance coverage, bonding, lien releases, I warranties,material certifications,and test data; (5)failure of Contractor to make timely payment y for claims including,but not limited to claims for labor,equipment,materials, subcontracts,taxes, fees, professional services, rent, and royalties; (6) damages to the City; (7) the existence of reasonable evidence that the Agreement cannot be completed for the unpaid balance of the Agreement's Compensation; and (8) Contractor's non-compliance with applicable federal, state, and local laws, rules, and ordinances. D. The City will furnish Contractor a written statement specifying a reason for disapproval that is listed in Section C above for which approval of the Application for Payment or ti a portion thereof is being withheld. If the City disapproves only a portion of an Application for Payment, the remainder of the Application for Payment is considered approved. Page 17 of 23 Version 12 14 15 n. t 1 i E. If the City approves a monthly progress payment, the City shall withhold the five percent(5%)Retainage Amount from the total payment requested in the Application for Payment and may withhold an amount that is sufficient to pay the direct expenses that the City may reasonably expect will be necessary to correct any claim based on the eight (8) items set out in Section C above. City shall tender the balance of the approved monthly progress payment to Contractor within seven(7)days following the approval. F. Contractor understands that the Montana Public Contractors' Gross Receipts Tax requires all contractors or subcontractors working on a publicly funded project to pay or have withheld from earnings one percent (1%) of the gross contract price if the public contract price, including subcontracts attached thereto, is Five Thousand Dollars ($5,000) or more. If required, the City will withhold this tax from any payment made to Contractor and will remit the amount withheld to the Montana Department of Revenue. Contractor must withhold the tax from payments made to subcontractors by Contractor. G. City's approval of any progress payment shall not operate as City's acceptance of any portion of the Construction Project as complete or free of defects or nonconformities,nor shall it operate as a waiver of Contractor's obligations under the Agreement including, but not limited to, Contractor's testing and warranty obligations. Final Payment A. Upon completion of the Construction Project, Contractor shall submit a final Application for Payment to the City's Representative seeking payment of the remaining balance of Contractor's compensation, including all retainage amounts. Contractor shall attach all supporting documentation and receipts to the final Application for Payment to verify that the Construction Project has been fully and finally completed in compliance with all terms and conditions of the Agreement, including complete and legally effective releases or waivers of all liens or encumbrances that have been filed against the Construction Project, and a consent from all of Contractor's sureties to final payment. In addition, Contractor shall include an affidavit signed by the Contractor stating that all previous monthly progress payments received have been applied on account to discharge Contractor's obligations associated with the Construction Project and that the prior Applications for Payment and all claims asserted by any person arising from or related to the Construction Project have been settled or satisfied. In the event any claims have not been settled or satisfied, the Affidavit shall contain a complete listing of such claims, the name and address of each person making a claim, the facts and circumstances surrounding each claim, the amount of each claim, and the efforts made to date by Contractor to resolve, settle or satisfy each claim. :t B. City and its architect or engineer shall promptly review the final Application for Payment and,within twenty-one(21)days after receipt of the request,determine whether it should be disapproved in whole or in part. The final Application for Payment is considered to have been received when it is submitted to City's Representative and is considered approved unless the City's Representative provides the Contractor with a written statement containing specific items that are being disapproved prior to the expiration of the 21-day period. A final payment or any portion may be disapproved upon a claim of: (1) unsatisfactory job progress; (2) after City's final i Page 18 of 23 Version 12 14 15 4 i A inspection of the Construction Project,Contractor has not completed all punch list items and failed to remedy defective construction work or materials; (3) disputed work or materials; (4) failure to comply with material provisions of this Agreement, drawings, plans, specifications for the Construction Project, or other required documents including, but not limited to, payroll certifications, insurance coverage, bonding, lien releases, warranties, material certifications, and test data;(5)failure of Contractor to make timely payment for claims including,but not limited to, claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; (b) claims have been brought or liens have been filed against Contractor or the City related to the Construction Project, or any such claims have not been properly documented in Contractor's Affidavit; (7) damage to the City; (8) Contractor has not delivered all maintenance and operating instructions,marked-up record documents, and any other documents relating to the Construction Project as required by City; and (9) the Contractor is not in compliance with applicable federal, state, and local laws, rules, and ordinances and has not remedied the noncompliance. C. The City's Representative will furnish Contractor a written statement specifying a reason for disapproval that is listed in Section B above for which approval of the final Application for Payment or a portion thereof is being withheld. if the City disapproves only a portion of an Application for Payment,the remainder of the Application for Payment is considered approved. D. Final payment is due and payable within fourteen (14) days of the City's Representative's approval, but City may withhold an amount that is sufficient to pay the direct expenses that the City may reasonably expect will be necessary to correct any claim based on the nine(9) items set out in Section B above and any tax withholding required by law. I� I J Page 19 of 23 Version 12 14 15 i fi Exhibit E Change of Work Specifications A. City may, at any time or from time to time, order changes, additions, deletions, or revisions to the work on the Construction Project by submitting a written Change Order to Contractor on a form as provided for by the City. Upon receipt of any Change Order, Contractor shall comply with the terms of the changed work as reflected in the Change Order. B. City and Contractor shall negotiate in good faith for an agreement as to any increase or decrease in the Contractor's compensation that results from any Change Order. The increased or decreased Contractor's compensation shall be set forth in the Change Order and both the City and the Contractor shall sign the Change Order as an indication of their respective acceptance of the changes and modifications to the Agreement. In the event the City and Contractor are unable to agree upon the increase or decrease in Contractor's compensation resulting from any Change Order, such increase or decrease shall be determined as follows: 1. increases to Contractor's compensation shall be calculated as follows and shall be evidenced by Contractor's submission to the City of its actual supporting documentation including time slips/cards, invoices, and receipts: a. by unit prices otherwise set forth in the Agreement or subsequently agreed upon; b. by an agreed upon lump sum;or C. by the cost of the work and an agreed upon mark-up for Contractor's overhead and profit,with the costs of the work determined as follows: (i) Contractor's actual, direct payroll expenses for the cost of labor. Payroll expenses shall only include actual gross wages paid, without any deductions, withholding, or overhead. The agreed upon mark-up fee shall cover Contractor's liability insurance, workers' compensation, and Social Security taxes applicable to said wages, Contractor's reasonable profit, the costs for the use of small tools and equipment not otherwise classified under heavy equipment use, and Contractor's general overhead expenses. (ii) Contractor's actual cost of materials,including actual transportation costs,for all materials supplied by Contractor. 1 (iii) Costs for the use of heavy equipment and the transportation of the same. Such costs shall be the actual rental fees incurred for the use of the heavy equipment and the actual costs of transporting such heavy equipment to and from the site of the Construction Project. i i Page 20 of 23 Version 12 14 15 ( 9 2. decreases to Contractor's compensation shall be determined by the City's good faith estimate. If Contractor disagrees with such good faith estimate, Contractor can avail itself of the Dispute Resolution provisions set forth in the Agreement. C. Except for minor modifications in the work not involving an increase of costs or Contractor's compensation and not inconsistent with the purposes of the work required by the Agreement, and except in an emergency situation which endangers life or property,no change to the work requirements shall be made unless pursuant to a written Change Order duly executed. D. Contractor shall not be entitled to any increase in the Contractor's compensation or the extension of any deadlines set forth in Construction Schedule with respect to any work performed by Contractor that is not required by the terms and conditions of the Agreement and is not contained in a duly executed Change Order. 3 i li ,I I :i u Page 21 of 23 Version 12 14 15 1 if I �I Exhibit F Required Insurance Coverage Contractor shall purchase and maintain insurance coverage as set forth below. The insurance policy must protect,defend, and indemnify the City, its employees, officers, and agents and must endorse the City, its employees, officers and agents as an additional insureds and be written on a"primary—noncontributory basis."Each coverage shall be obtained from an insurance company that is duly licensed and authorized to transact insurance business and write insurance within the state of Montana,with a minimum of"A.M. Best Rating"of A-,VI, as will protect the Contractor, the various acts of subcontractors, the City and its officers, employees, agents, and representatives from claims for bodily injury and/or property damage which may arise from operations and completed operations under this Agreement. All insurance coverage shall remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor's warranties. All insurance policies must contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least forty-five (45) days prior written notice has been given to Contractor, City, and all other additional insured to whom a certificate of insurance has been issued. Required Insurance Coverage: 1. Commercial General Liability $1,500,000 per occurrence (bodily injury and property damage) $3,000,000 aggregate 2. Products and Completed Operations $3,000,000 3. Automobile Liability $1,500,000 per accident (all owned,hired,non-owned) i 4. Workers' Compensation Not less than statutory limits 5. Employers'Liability $1,500,000 6. Professional Liability(E&O) $1,500,000 (only if applicable) 7. Builder's Risk/Property Insurance(for buildings) Equal to greater of Contractor's compensation or full replacement(covering all work.buildings,materials and equipment,whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs,testing and start-up costs) 8. Owner's and Contractor's Protective Liability $I,000,000 per occurrence $3,000,000 aggregate 9. Contractual Liability Insurance $I,000,000 per occurrence (covering indemnity obligations) $3,000,000 aggregate f Additional coverage may be required in the event of the following: crane operating services: add On-Hook Coverage transportation services: add$1,000,000 Transit Coverage Page 22 of 23 Version 12 14 15 Ij Exhibit Re wired Bonds Contractor shall make, execute, purchase, maintain and deliver to City performance and payment bonds in an amount at least equal to the Contractor's compensation under this Agreement, conditioned that the Contractor shall faithfully perform of all of Contractor's obligations under this Agreement and pay all laborers, mechanics,subcontractors,material suppliers and all persons who supply the Contractor or Contractor's subcontractors with provisions,provender,material,or supplies for performing work on the Construction Project. All bonds must be obtained with a surety company that is duly licensed and authorized to transact business within the state of Montana and to issue bonds for the limits so required. The surety company must have a Best's Financial Strength Rating of A, as rated by the A. M. Best Co., or an equivalent rating from a similar rating service. All bonds must remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Contractor's warranties. A certified copy of the agent's authority to act must accompany all bonds signed by an agent. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business within the state of Montana is terminated,Contractor shall promptly notify City and shall within twenty(20) days after the event giving rise to such notification,provide another bond with another surety company, both of which shall comply with all requirements set forth herein. Bond Types and Amounts: 1. Performance Bond Equal to Contractor's compensation amount 2. Labor and Materials Bond Equal to Contractor's compensation amount i i I i E i tl E k y� !I a !I I Page 23 of23 Version 12 14 15 i a NOTICE OF AWARD Dated: March 10,2016 TO: R&R Taylor Construction INC. ADDRESS: 1775 Love Lane,Bozeman,MT 59718 PROJECT: City of Bozeman Alfred M. Stiff Professional Building Interior Alteration CONTRACT FOR: Phase 1 remodel of interior spaces for Planning,Engineering, GIs You are notified that your Bid dated February 2, 2016 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the Alfred M. Stiff Professional Building Interior Alteration,Phase 1. The Contract Price of your Contract is: One hundred fifty four thousand three hundred twenty Dollars $154,320. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by March 25,2016, 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement. 2. You must deliver with the executed Agreement the Contract Security(Bonds) as specified in the Instruction to Bidders. 3. You must deliver with the executed Agreement the Certificates of Insurance as specified in the Agreement. Failure to comply with these conditions within the time specified will entitle the City to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeit. Within ten (10) days after you comply with these conditions,the City will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY O MAN, NTANA ATTEST: BY. BY: SISTAN'r CITY MANAGER) (CITY CI.F.RI(} i DATE: , Io i i F t r k P. BID FORM ALFRED M. STIFF PROFESSIONAL BUILDING INTERIOR ALTERATION CITY OF BOZEMAN BOZEMAN,MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman,Montana 59771-1230 THE UNDERSIGNED BIDDER, having become familiar with the Work required by the Contract Documents, the site(s) where the Work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having become satisfied of the expense and difficulties attending performance of the Work: HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into an Agreement, in the form included in the Contract Documents, to perform all Work for the construction of the project, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the Agreement and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the Work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; bonds, insurance and other required submittals; all as indicated or specified in the Contract Documents to be performed of furnished by the successful Bidder. The undersigned Bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation for Bids. The undersigned Bidder agrees to furnish the required Bonds and to enter into the Agreement within thirty(30) calendar days after the City's award of this Bid, and further agrees to complete all Work within the time specified after commencement of the Agreement time as defined in the specifications. The allowed time to complete the Work is specified in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. I The undersigned Bidder agrees that it has been afforded access to the construction site and has performed those independent site investigations as the Bidder deemed necessary. The undersigned Bidder hereby certifies the following: Bid Form Page 1 of S { 1 i A. That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B. That Bidder has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C. That the Bidder has not solicited or induced any person, firm, or corporation to refrain fiom bidding; D. That the Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City; E. That the Bidder is not currently operating beyond the contract time on any previously awarded public works contract; F. That this Bid will remain subject to acceptance for sixty(60) days after the opening of bids, or for such longer period of time that Bidder may agree to in writing upon request of City; G. That no official of the City, no consulting engineer or architect, or any member of such official's or consulting engineer's or architect's immediate family has direct or indirect interest in the pecuniary profits or contracts of the Bidder; and H. That Bidder is a responsible Bidder and has the required qualifications and experience as submitted by Bidder on the Qualifications attached hereto as Exhibit 3. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) that he (they) is (are)duly and regularly licensed. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the total sum as follows: TOTAL BASE BID $ I (TOTAL BASE BID—WRITTEN WORDS) TOTAL ALTERNATE NO. I BID i (TOTAL ALTERNATE NO. I BID—WRITTEN WORDS) i, Bid Form Page 2 of S 'I 'i i i The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. 1 Dated January 26, 2016 No. Dated - No. Dated No. Dated Submitted this end day of February , 2016. SIGNATURE OF BIDDE Montana Contractor Registration Number 54766 If an individual: doing business as If a Partnership: by partner If a Corporation: R&R Taylor Construction, Inc (a) by Russell L. Olse :. � .. (;fie&i& Title Presidenttest3 Business Address of Bidder: 1775 Love Lang ` Bozeman, MT 59718 Bid Form Page 3 of 8 3 1 If Bidder is a joint'venture, other party must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership: by Partner If a Corporation: (a} Corporation by (Seal& Title Attest) Bid Form Page a of 8 I i Exhibit 1 Bid Security Attached. I i E III �I II E 1 Bid Foim Page 5 of 8 i N t BID FORM ALFRED M. STIFF PROFESSIONAL BUILDING INTERIOR ALTERATION CITY OF BOZEMAN BOZEMAN,MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having become familiar with the Work required by the Contract Documents, the site(s) where the Work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work, and having become satisfied of the expense and difficulties attending performance of the Work: HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into an Agreement, in the form included in the Contract Documents, to perform all Work for the construction of the project, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the Agreement and the fiunishing of all materials and equipment required to be incorporated in, and form a permanent pant of, the Work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; bonds, insurance and other required submittals; all as indicated or specified in the Contract Documents to be performed or furnished by the successfirl Bidder. The undersigned Bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation for Bids. The undersigned Bidder agrees to furnish the required Bonds and to enter into the Agreement within thirty(30) calendar days after the City's award of this Bid, and further agrees to complete all Work within the time specified after commencement of the Agreement time as defined in the specifications. 4 The allowed time to complete the Work is specified in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. The undersigned Bidder agrees that it has been afforded access to the construction site and has performed those independent site investigations as the Bidder deemed necessary. The undersigned Bidder hereby certifies the following: Bid Form Page 1 of 8 a i F A. That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization,or corporation; B. That Bidder has not directly or indirectly solicited any other Bidden to put in a false or sham Bid; C. That the Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding; D. That the Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City; E. That the Bidder is not currently operating beyond the contract time on any previously awarded public works contract; F. That this Bid will remain subject to acceptance for sixty (60) days after the opening of bids, or for such longer period of time that Bidder may agree to in writing upon request of City; G. That no official of the City, no consulting engineer or architect, or any member of such official's or consulting engineer's or architect's immediate family has direct or indirect interest in the pecuniary profits or contracts of the Bidder; and H. That Bidder is a responsible Bidder and has the required qualifications and experience as submitted by Bidder on the Qualifications attached hereto as Exhibit 3. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) that lie (they) is (are)duly and regularly licensed. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the total sum as follows: TOTAL BASE BID $ (TOTAL BASE BID—WRITTEN WORDS) TOTAL ALTERNATE NO. 1 BID $ I ` - (TOTAL ALTERNATE NO. 1 BID —WRITTEN WORDS) s Bid Form Page 2 of 8 i i The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No, 1 Dated January 26, 2016 No. Dated No. Dated No. Dated Submitted this 2nd day of Fghruary 2016. SIGNATURE OF BIDDE Montana Contractor Registration Number 54766 If an individual: doing business as If a Partnership: by partner If a Corporation: R&R Taylor construction Inc. (a) by Russell L. Olse Title President Attest) Business Address of Bidder: 1775 Love Lane i f i Bozeman, MT 59718 i Bid Form Page 3 of S i I i i i If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership, by Partner If a Corporation.: (a} Corporation by (Seal& Title Attest) I f i I i e Bid Form Page 4of8 J Exhibit 1 Bid Security Attached. I Bid Form u Page 5 of 8 I. l�I Y ii s Exhibit 2 Bid Sheet Attached. Bid Form II Page 6 of 8 Exhibit 3 Oualifieations 1 I I I 1 a a Bid Form Page 7 of 8 �j 3, I 1 Qualifications CONSTRUCTION INC. BONDING: R&R Taylor Construction, Inc. holds a single-project bonding capacity of$25 million. Our aggregate bonding amount is $40 million. SAFETY: R&R Taylor Construction has an EMR of .97 and a loss ratio of 93% for 2015. We take safety very seriously and work hard to make sure each employee is informed and compliant with safety practices. Each summer we have a Safety picnic to highlight our safest workers and distribute safety bonuses, our incentive for keeping jobsites and employee's accident free. We also provide informational handouts that go to each employee monthly as well as weekly handouts that cover various safety topics. We keep current information constantly in front of our employees. EXPERIENCE: R&R Taylor Construction has a proven record of successful experience as demonstrated by the numerous projects we have completed over the years. Many of our clients are returning customers, including Owenhouse Ace Hardware, First Security Bank, Powder Horn Building, Sky Federal Credit Union, West Paw Design, and the Community Food Co-Op. I Some of the projects completed over the last three years include: -Town Pump in Bozeman off of Baxter Lane -Town Pump in Bozeman off East Main Street -Town Pump in Belgrade off of Amsterdam Road -Owenhouse Remodels (Bike Shop, Canopy, and Parking Lot) - Sky Federal Credit Union addition and interior renovation Belgrade, MT -First Security Bank Remodel in Fort Benton, MT -Sourdough Fire Department 4 Please Refer to our Website: rrtaylorconst.com 4 it j I r R&R Taylor Construction,Inc. Exhibit 4 Receipt Of Addendum Bidder acknowledges receipt of the following addendum of revisions or additions: Addendum Number Date Issued AutfiRized Signature For Each 1 JANUARY 26, 2016 2 3 4 5 I i i i , 3 i i Bid Form Page 8 of 8 P i NON-DISCRIMINATION AFFIRMATION FORM R&R Taylor Construction, Inc. [mute of entity submitting] hereby affirms it Will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the R&R Taylor Cons t rue tion[name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: uss 1 L. Olsen, President Person authorindto sign on behalf of the bidder Taylor Construction, Inc. February 2, 2016 i E i u i' 0 4 II t I ;s iE Document A310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Nine, (,'flame,legal x/alns and principal place r f buslnexv) R & R Taylor Construction, Inc. Fidelity and Deposit Company of Maryland P.O. Box 1234 1400 American Lane,Tower I, 18th Floor Bozeman, MT 59771-1234 Schaumburg, IL 60196-1056 lets document has important legal consequences.consultation Mailing Address for Notices with an attorney is encouraged with respect to its completion or OWNER: 1400American Lane,Tower 1, 18th Floor modification. (Name,legalstalt(sandaddress) Schaumburg, IL 60196 Any singular reference to City of Bozeman Contractor,surety,Owner or 121 N Rouse Ave other party shalt be considered Bozeman, MT 59715 plural where applicable. BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Nance,locallon or address,andl'rolectnumber,(font} Alfred M. Stiff Professional Building Interior Alteration, Bozeman, Montana The Contractor and Surety are bound to the Owner in the amount sot forth above,for Ilia payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,sueccssors and assigns,jointly and severally,as provided herein.The conditions of Illis Bond aro such illat if ilia Owner accepts the bid of the Contractor within the time specified in ilia bid documents,or within sucll dine period as may be agreed to by Ilse Owner and Contractor,and fho'Contractor either(1)enters into a contract will,ilia Owner ill accordance with the terms of such bid,and gives such bond or bonds as may be specified ill the bidding or Contract Documents,with a surety admitted in the jurisdiction of the 1'ro1cot and otherwise acceptable to rho Owner,for the faithful performance ofsucll Contract and for the prompt payment of labor attd material 11imished in rho prosecution thereol;or(2)pays to the Owner the dit1bronce,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which tie Owner may ill good faith contract with anothor party to pertitrm the work covered by said bid,Alen this obligulinn"hull he null and void,otherwise to remain in Itdl liuco and ellect.Tile Sorely hereby waives any notica ol'an agrocnlent between the Owner and Contractor to extend ilia little in which ilia owner play necepl,Ile hid.Waiverol'nolice by the Surety"hull not apply to any extension exceeding sixty(60)days in the aggregate beyond the Mime Ibr auceplanco of bid"specilied in llie bid documents,and lire owner and Coolmolor sltull<tbtaia the Surety's consent fir an extension beyond sixty(60)days, If this Bond is issued in connection with a subcontractor's bid to n Contractor,the tone Contractor in this Bond shrill be doomed to be Subcontractor and ilia term Otvncr shall be deemed to be Contractor. When this t3olld has been tihnlished to eohnply tvi[h a"tulntoryorolheriegal requirement in the locution ofllle:Project any provision in Illi"Bond conllioting wile said s(atntury or legal requirement"hall be deemed deleted herel'null and provisions contitnllillg In such statutory or other legal requirement"hall be deemed incorporated herein.When so famished,the intent is[hat this Bond shall be construed as u slutulon,bond and not us a common law bnlld. Signed and scaled this 25th day of January, 2016. R & R Taylor Construction ,n, Inc. (Princlpal) (Scrn!) (11'lbtess) By: f, I f Fidelity and Deposit Company of Maryf ( at (If ltn(st) Rhonda Schultz J ` ; �/ v* (Lille)Naomi Gerber At orney nin Fac I S•0054lAS 8110 Bond Number Bid Bond Obligee: City of Bozeman ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY MELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State,of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P.Bond,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in fbll force and effect on the date hereof,do hereby nominate,constitute, and appoint Naomi Gerber its trite and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 221d day of July,A.D.2015. ATTEST.- ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY s FIDELITY AND DEPOSIT COMPANY OF MARYLAND I p N�14i't Vol" _. seAL By. Mr"ohaol A Bond ed t � «�,t�' Vice President "rwa * ,�.� � +Deno` Otros�f ItM By. LricD.Barnes Secretary r E State of Maryland County of Baltimore On this 22nd day of July, A.D.2015, before the subscriber,a Notary Public of the State of Maryland,duty commissioned and rluatified,Michael P. Bond,Vice President and Eric D.Barnes,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by mo duty sworn,deposeth and saith,that he/she is the said officer of Vie Company aforesaid,and that the seals affixed to the precedinS fnstrument are the Corporate Seats of said Companies,and that the said Corporate,Seals and the signature as such officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written, r pff�tt`i}Y 'rrt 1 r11�', � Constance A.Dunn,Notary Public rrri'<nhtias.`-� My Contmission Expires:July 9,2019 �r i i i �i EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attomeys-in-Fact. The Chief Executive Officer,the president,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings,or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such Appointment or authority at any time." CERTIFICATE I, the undersigned, Vicc President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and 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 Article V,Section 8,of the By-Laws of the Companies is stilt in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney—Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994,and 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 the 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 seals of the said Companies, this 25th day of January ,2016 SEAL w MM �x yyy Thomas O.McClellan,Vice President I k R&RTAYL-01 MSTOPPEL ACORO" CERTIFICATE OF LIABILITY INSURANCE DAT1DIYYYI� 3/161215/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME: First West,Inc. PHONE FAX P.O.Box 1800 Arc Ne Ext:(406)587-5111 AIC No): 406)587-9162 Bozeman,MT 59771 ADDRESS:mstoppel@1stwestinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Cincinnati Insurance Company 10677 INSURED INSURER B: City of Bozeman,Montana INSURER C: PO Box 1230 INSURER D: Bozeman,MT 59771 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVO POLICY NUMBER MMIDD MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE rx] OCCUR CAP 52"195 03/15/2016 03/1512017 DAMAGE TO RENTED PREMISES Ea occurrence $ X Owner's&Contractor MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY JECTPRO ❑LOC PRODUCTS-COMP/OP AGG $ PRO I OTHER: $ AUTOMOBILE LIABILITY COMBccidINED SINGLE LIMITent $ Ea a ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ g DED RETENTION$ $ € WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE YINN 1 A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ II DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 1� t r i i I� 3 IF. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN R&R Taylor Construction ACCORDANCE:WITH THE POLICY PROVISIONS. I� 1775 Love Lane Bozeman,MT 59718 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond No. 9185836 R Et R Taylor Construction, Inc. (Insert full legal name and address of Contractor) PO Box 1234 Bozeman, MT 59771-1234 as Principal,hereinafter called CONTRACTOR, and: Fidelity and Deposit Company of Matyland (Insert full legal name and address of Surety) as Surety, hereinafter called SURETY,are held and firmly bound unto: City of Bozeman,Montana 121 North Rouse Ave. PO Box 1230 Bozeman,MT 59771-1230 as Obligee, hereinafter called CITY, in the amount of: One Hundred Fifty-Four Thousand Three Hundred Twenty and 00/100 (Dollars) ($ 154,320.00 ) for the payment, whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators,successors,and assigns,,jointly and severally. WHEREAS, CONTRACTOR has,by written agreement dated March 21 20 16 , entered into a contract with CITY for: Alfred M. Stiff Professional Buildine Interior Alteration (Insert project name) in accordance with drawings and specifications prepared by: City of Bozeman (Insert company name) which contract is by reference made a part hereof, and is hereinafter referred to as the Agreement. . NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly and faithfully perform said Agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. As a minimum, this obligation shall remain in full force and effect beyond the completion of all work to include the correction period as specified in the Contract Documents. The SURETY hereby waives notice of any alteration or extension of time inatle by CITY. Revised 9/2/11 1 Whenever CONTRACTOR shall be,and declared by CITY to be,in default under the Agreement, CITY having performed CITY's obligations thereunder, the SURETY may promptly remedy the default or shall promptly: 1. Complete the Agreement in accordance with its ternts and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsible bidder,or,if CITY elects, upon determination by CITY and the SURETY jointly of the lowest responsible bidder, arrange for a contract between such bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which SURETY may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Agreement and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than CITY named herein or the heirs, executors, administrators,or successors of CITY. IN WITNESS WHEREOF,this instrument is executed in three C )counterparts, each one (number) of which shall be deemed an original, this the zest day of March ,20 16 . CONTRACTOR AS PRINCIPAL: SURETY: Fidelity and Deposit Company of Maryland .....R Ta for Construction Inc. (Seal) -Co.hmpa N me Surety Name an Corporate Seal (aL13y '° ���__ (Seal) By �. fS n t a Signature ney-in-Fact �.:.. . ,•, a.4.�. ,�'u Allan Hultt?ren Printed.Name Printed Name _ (Attach Power of Attorney) Title Attest: ,t..,,f..{f -= Attest.. Cr r.. . -Signature , Signatu e Witness Title / Title NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is a partnership, all partners must execute Bond. Revised 9/2/11 2 PAYMENT BOND Bond No. 9185836 R & R Taylor Construction, Inc. (Insert full legal mare and address of Contractor) PO Box 1234 Bozeman, MT 59771-1 2 34 as Principal, hereinafter called CONTRACTOR,and: Fidelity and Deposit Company of Maryland (Insert full legal name and address of Surety) as Surety, hereinafter called SURETY,are held and firmly bound unto: City of Bozeman,Montana 121 North Rouse Ave. PO Box 1230 Bozeman,MT 59771-1230 as Obligee,hereinafter called CITY,for the use and benefit of claimants as hereinbelow defined in the amount of: One Hundred Fifty-Four Three Hundred Twenty 00/100 (Dollars)($ 154.320.00 1 for the payment, whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators,successors and assigns,jointly and severally. WHEREAS,CONTRACTOR has, by written agreement dated March 21 2016 , entered into a contract with CITY for: Aired M. Stiff Professional Building Interior-Alteration (Insert project name) in accordance with drawings and specification prepared by: City of Bozeman (Insert company name) which contract is by reference made a part hereof, and is hereinafter referred to as the Agreement. NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall promptly make payments to all claimants as hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the Agreement, and any duly authorized modifications that may hereafter be made, then this obligation shall be void; otherwise, it shall remain in full force and effect,subject,however,to the following conditions: Version 12 16 15 Page 1 of 3 1. A claimant is defined as one having a direct contract with the CONTRACTOR or with a subcontractor of CONTRACTOR as defined by Title 18, Chapter 2, Part 2, MCA, for labor, materials, or both, used or reasonably required for use in the performance of the Agreement; labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Agreement. 2. The above named CONTRACTOR and SURETY hereby jointly and severally agree with CITY that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the use of such claimant in the name of CITY, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, provided, however, that CITY shall not be liable for the payment of any costs or expenses of any such suit. 3. A claimant may only commence a suit or action: a. If the claimant has complied with applicable state laws; and b. In District Court located in and for Gallatin County, Montana, in Bozeman Municipal Court, if applicable, or in the United States District Court for the district in which the project,or any part thereof, is situated and not elsewhere. 4. Special exceptions: 5. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payments by SURETY of construction liens which may be filed on record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. Version 12 16 15 Page 2 of 3 i i IN WITNESS WHEREOF,this instrument is executed in three ( }counterparts,each one (number) of which shall be deemed an original,this the 21st day of March , 20 16 . CONTRACTOR AS PRINCIPAL: SURETY: R Et R Taytot_Constmcdon, Inc. Fidelity and Deposit Company of Marylan�Seal) CompA'101:��ajni Sur ame and Corporate Seal B � .wr (Seal) By. Signet Signature A r ey-in-Fact t-- ' Allan Hultgren ri nteiT;F�ame Printed Name r (Attach Power of Attorney) Title. Attest:;! j' . ' _ Attest. ' i 4 gna4uye .; Signature — ;.r Witness Title / Title NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is a partnership,all partners must execute Bond. Version 12 16 15 Page 3 of 3 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and die FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland(herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Allan IIULTGREN and Naomi GERBER,both of Billings,Montana, EACH its true and lawful agent and Attorney-in-Fact, to make,execute, seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of November,A.D.20IS. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9IpsriN3U'' Y SEAL ( 04 ''""' d, tt>• 3 �� toga ia3 Aw 1 Assistant Secrelary Vice President Dawn E.Brown Thomas O.McClellan State of Maryland County of Baltimore On this 17th day of November,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and DAWN E.BROWN,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that helshe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. /r/lIEf1411.•�`` Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 180-6056A