2nd Ave E Water Distribution Project/Thompson ContractingClerk's Office
201 1"Avenue East
PO Box 1997
Kalispell, MT 59903
Phone: (406) 758-7756
cityclerk@kalispell.com
www.kalisnell.com
April 19, 2016
Levi Thompson
Thompson Contracting Inc
PO Box 449
Libby, MT 59923
RE: 2nd Avenue East Water Distribution Improvement Project
Dear Mr. Thompson:
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,
Aimee Brunckhorst, CMC
Enclosure: Bid Bond
PENAL SUM FORM
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
Thompson Contracting, Inc.
PO Box 449, Libby, MT 59923
SURETY (Name, and Address of Principal Place of Business):
The Guarantee Company of North America USA
One Towne Square, Suite 1470, Southfield, MI 48076
OWNER (Name and Address):
City of Kalispell
201 First Ave. East, Kalispell, MT 59901
M
Bid Due Date: March 31, 2016
Description (Project Name— Include Location):
13th Street East to 14th Street East
BOND
Bond Number: Bid Bond
Date: March 31, 2016
2nd Ave E Water Distribution Improvement Project -
Penal sum Ten Percent of Amount Bid $ 10%
(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 SURETY
Thompson Contracting, Inc. (Seal)
Bidder's NarKpnd Corporate Seal
2
Print Na(ne
Title
At
L,-v, `Tue►wipw4
The Guarantee Company of North America USA (Seal)
Surety's Name a d Corporate Seal
By:
Signatur Attach Power of Attorney)
Kelly Tenold
Print Name
Attorney -in -Fact
Title /
Attest: l -
Signature
Title vp t -= Title AleX+—
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Note: 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). Published 2013.
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
EJC713C.0
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 S 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.
S. 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.
5. 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 the 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 States
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 this Bond conflicts with any applicable statute, 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). Published 2013.
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
THE The Guarantee Company of North America USA
GUARANTEE" Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Ed Heine, Kerry Heine, George S. Seaton, Rhela O. Moulding, Lisa Kyer, Spencer Fred Thomas, Kelly Tenold
PayneWest Insurance, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
�Pp"Nre£Col IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
x 'K its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
`oyP 1 THE GUARANTEE COMPANY OF NORTH AMERICA USA
\7ril A.01/
L
STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
- My Commission Expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
a. Tom.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
$U�PaaNrEcCog2 IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 31 day of March 2016
y�NAM �0.i Randall Musselman, Secretary