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2nd Ave E Water Distribution Project/ACG, IncClerk'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 Aaron Guymon ACG, Inc. 139 N. Cedar Drive Kalispell, MT 59901 RE: 2nd Avenue East Water Distribution Project Dear Mr. Guymon: 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 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): AGC, Inc. 139 N. Cedar Drive, Kalispell, MT 59901 SURETY (Nance and Address of Principal Place of Business): Developers Surety and Indemnity Company P. O. Box 19725, Irvine, CA 92623 OWNER (Arame and Address): City of Kalispell 201 First Avenue East, Kalispell, MT 59901 BID BidUueDate: March 31, 2016 Description (Project Name andlncludeLocation): 2nd Ave E Water Distribution Project, #15-0211, Kalispell, Montana BOND Bond Number. Bid Bond Date (Not earlier than Bid due date): March 31, 2016 Penal sum Ten Percent of Amount Bid $ 10% (Words) (Figures) Surety and Bidder, intending to be Iegally 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 AGC, Inc. Bidder's Name and Corporate Seal By. Slgaature Attest: SURETY (Seal) Developers Surety and Indemnity Company (Seal) Surety's Name and Corporate Seal By:401. ..... I ....... ,; -"�ig(iature (Attic bwer of Attorney) AND a.'•.. ;print Name f - tip�PORar�;l'm Kyer OCT. 10 ,Riht Name 1936 0? MwL _.-•, rnev-in-Fact Attest: Witness 9 Title Title Surety Phone No. qc)(,o Honn Note: Above addresses are to be used for giving arty required notice. Provide execution by any additional parties, such as joint venturers, if necessary, FTG'I)C C.430 Bid Bond (Pearl sum Form) Prepertd by the Englt cm Jolnt Contract Doom entt Committm PAge I 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 reiccted 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 hereo fl. 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 Dond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses basedd 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 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 suitor 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 bebalf 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. RJCDC C430 Bid Band (Penn! Sum Form) Prepared by the Engtneers Joint Con"et Documents Committee Page 2 of 2 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE. CA 92623 (949) 263.3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint Lisa Kyer as their no and lawful Attomey(syin-Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety. ship giving and granting unto said Attomey(sWad 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 corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atlomep(s}in-Fad, pursuant to these presents. are hereby rafdned and confirmed. Bond No.: Bid Bond Principat AGC, Inc. Obligee: City of Kalispell This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of January 1st, 2008. RESOLVED. that a combination of any two of the Chairman of the Board, the President, Executive Vice-Presidont Senior Vice -President or arty Vice President of the corporations be. and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the atlomey(s) named in the Power of Attomey to execute, on behalf of the corpomfions, bonds, undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power dAltorney, 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 shelf be valid and bind'hng upon the corporations when so affixed and in the Afte with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severely caused these presents to be signed by their respective officers aid attested by their respective Secretary orAssistard Secretary this May 23. 2013. By �e/i p�slrlrk NO AAM /,ya ANY a Daniel Young, Senior Vice -President = h�o;ApOgq�F� ��ts� �PO� Wt Oi Y �' 2 OCT. 5 By. 3o°s 1938 F+d1 P 1967 O reggN, ice -President �a W%'../0WN..�''.a`��t9 OR/!l...nt��! Stale of California County of Orange 0 On May 23, 2013 before me, Gina L Gamer, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N. Okura Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisihorAheir authorized capacity(ies), and that by hiAerAheir signature(s) on the instrument the person(sj or the entity upon behalf of GINA L. GARNER which the person(s) acted, executed the instrument COMM. fl 2021213 @.MY NOTARY PUBLIC CA(.IF044A I certify under PENALTY OF PERJURY under the laws of the State of Cafdomia that the foregoing paragraph is ORANGE COtllirY true and correct. aomm. t$, Ii'01i��� WITNESS my hand and official seat. Place Notary Seal Above Signature Gina L. Goner. 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 Cartificate is executed in the City of Irvine, California, this 31 st day of March , 2016 By: �Z � - --::: -- �- Mark J. Landon, Assistant Secretary ID-1380(Rev.05113)