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Bid Bond 10.31.24 - KalispellBID BOND (PENAL SUM FORM) Bidder Surety Name: SWS Equipment, LLC Name: Travelers Casualty and Surety Company of America Address (principal place of business): Address (principal place of business): PO Box 13040 One Tower Square Spokane Valley, WA 99213 Hartford, CT 06183 Owner Bid Name: City of Kalispell Project (name and location): Address (principal place of business): 201 1st Avenue East Kalispell, MT 59901 New 28 Yard Front -load Solid Waste Truck - Kalispell, MT Bid Due Date: November 7, 2024 Bond Penal Sum: 10% Ten Percent of Amount Bid Date of Bond: October 31, 2024 Surety and Bidder, intending to be `epjlyll gund hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to 1�0 06f , f y an authorized officer, agent, or representative. Bidder �� C7 .\���CS,,ED �� • : ; Surety �.. v ' : SWS Equipment, LLC : r Travelers Casualty and Surety Company ofA_me 11 formal name oZX& = (Full formal name of Surety) (corporate sea))' V -<• ,a s 019 natix) .,.• ' ��: (Sig ure) (Attach Power ofAttorneyj'k1Z_ A.,AyLo Name: l I' . Name: Jennifer Martinez Ibarra (Printed or typed) (Printed or typed) Title: C �CD Title: Attorne -In-Fact Attest: __e �. Attest: &4 (Signature) I (Signature) Name: 4-catg-_e¢ T\y\_� Name: Ta' Hoard -Sire (Printed or typed) (Printed or typed) Title: SGAfS 5uppgr+- Title: Witness Notes: (I) Note. Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, ifnecessary. EJCDC° C-430, Bid Bond (Penal Sum Farm). Copyrightc 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 tR�Tyit. �y •c�'�rf AL i f ,0, 'a h 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation will be null and void if; 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. i. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. S. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre -paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDCO C-430, Bid Bond (Penal Sum Form). Copyright' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of. 2 Travelers Casualty and Surety Company of America pASM Travelers Casualty and Surety Company TJ[f AVGc L ERS St. Paul Fire and Marine insurance Company Farmington Casual Company POWER OF ATTORNEY Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St, Paul Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make, constitute and appoint Jennifer Martinez Ibarra of Spokane, WA , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizences, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 4th day of March, 2024. `4!?Efi 46 Sx6 q R1� `�4 8U S!Sr,p v� S3EAL lc�i SEAL: SEAL js SEAL , p.. * # "ram. ,p .. ••�,,r, },,, �'•••*.••'�Ftf State of Connecticut By: City of Hartford ss. Bryce Grissom, Senior Vice President On this the 4th day of March, 2024, before me personally appeared Bryce Grissom, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalt of said Companies by himself as a duty authorized officer. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice .President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fart and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bands, recognizances, contracts of indemnity, and other writings obligatory in the nature of a band, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,. and it is FURTHER RESOLVED, that the Chairman, the President„ any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fled in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the Company's seat by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this October 31, 2024 "�0 ukFT �tYA4p ,.G. OitR w? t3;rAL i � ' SEAL_ r ; SEAL >� s` SEAL �'� f 1 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttomey, please calf us at 1-800-429-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney Is attached..