2nd Ave E Water Distribution Project/NCC NeumannClerk's Office
201 1"Avenue East
PO Box 1997
Kalispell, MT 59903
Phone: (406) 758-7756
cityclerk@kalispell.com
www.kalisuell.com
April 19, 2016
Kevin Keumann
NCC Neumann Construction Co
229 Morning Star Drive
Kalispell, MT 59901
RE: 2nd Avenue East Water Distribution Improvement Project
Dear Mr. Keumann:
Being returned herewith is the bid bond you submitted as bid security for the above -referenced
project. At its regular meeting held April 18, 2016, the Kalispell City Council awarded the bid to
Sandry Construction in the amount of $158,440.
Thank you for submitting your bid.
Sincerely,
Qtm� °-mow
Aimee Brunckhorst, CMC
Enclosure: Bid Bond
PENAL SUM FORM
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
NCC NEUMANN CONSTRUCTION COMPANY
229 Morning Star Drive
Kalispell, MT 59901
SURETY (Name and Address of Principal Place of Business):
Developers Surety And Indemnity Company
PO Box 19725
Irvine, CA 92623
OWNER (Name and Address):
City of Kalispell
201 First Ave East
Kalispell, MT 59901
:
Bid Due Date: March 31 st, 2016
Description (Project Name and Include Location): 2nd Ave E Water Distribution Improvement Project
Bond Number: NCC033116
Date (Not earlier than Bid due date): March 31 st, 2016
Penal Sum Ten Percent $ 10.00%
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each
cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER
NCC NI UiviANN CONSTRUCTION COMPANY(Seal)
Bidder's Name d Corpo to Seal
By:
Signature
/� v/,t AeLAM& l .14
Print Name
i
Attest(
Signature
SURETY
Developers Surety And Indemnity Company (Seal)
S%etylsN
e d Co porate Seal
X Q >1>` ► >tNarvv
ignatutkAttach Power of Attorney)
Dale J. Anderson
Print Name
Attorney -In -Fact
Title
Attest:�f,�
Signature
i" Customer Service Agent
Title Title
Note: Above addresses are to be used for giving any required notice. Provide execution by any
additional parties, such as joint venturers, if necessary.
EJCDC-C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
PENAL SUM FORM
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
shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur 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 shall 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 shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent.
6. No suit or action shall 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 Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction, located in the
state in which the Project is located.
8. Notices required hereunder shall 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 State
Registered or Certified Mail, return receipt requested, postage pre -paid, and shall 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 shall be deemed to be included herein as if set forth at
length. If any provision of the Bond conflicts with any applicable statue, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.
EJCDC-C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint:
***Timothy G. Lightbourne, Dale J. Anderson, Dianne L. Meinhardt, Stephani Cordeiro, jointly or severally —
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship
giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said
corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are
hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND
INDEMNITY COMPANY, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice -President, Senior Vice -President or Vice -President of the
corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the
execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant
Secretary this January 29, 2015.
.AND
By:RPO t F`
Daniel Young, Senior Vice -President
[r OCT.
= w f 10 o
By: 01936 Imo:
Mark Lansdon, Vice -President ';� / P -' aa.•=`
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On January 29, 2015 before me, Lucille Raymond, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark Lansdon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
LUCiILE t —— ND which the person(s) acted, executed the instrument.
Commission i 202061915
z Notary Public - CalltOrnia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange County true and correct.
0
4 Comm. Expires Oct 13, 2018
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Lucill y ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 3\ day ofC�
By:
Cassie IbIrrisford, Assistant Se tary
ID-1438(Rev.01/15)