Loading...
2nd Ave E Water Distribution Project/Cutting Edge Excavation, LLCClerk's Office 201 1"Avenue East PO Box 1997 Kalispell, MT 59903 Phone: (406) 758-7756 cityclerk@kalispell.com www.kalispell.com April 19, 2016 Kraig Trippel Cutting Edge Excavation, LLC 590 Prairie View Road Kalispell, MT 59901 RE: 2nd Avenue East Water Distribution Project Dear Mr. Trippel: 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): Cutting Edge Excavation, LLC 590 Prairie View Road, Kalispell, MT 59901 SURETY (Name and Address of Principal Place ofEuslitess): Western Surety Company 333 S. Wabash Ave. , Chicago, IL 60604 OWNER (blame and.Address): M City of Kalispell 201 First Avenue East, Kalispell, MT 59901 Bid Due Date: March 31, 2016 Description (Project Name and Include Location): 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 (Words) Surety and Bidder, intending to be le g Bid Bond to be. duly executed by C BIDDER s S t�ty v e Cutting Edge Excavation, LLC Bidder's Name and Co�oratc _ By. kIZ4 I C, TZ-t P F6 L Print Name 'N N.6 Title ill' Attest: pQ4 Signature G0M QR_4L. 1kkJA GC4 $ 10% (Figures) subject to the terms set forth below, do each cause this ;oat, or representative. S (Seal) ety's Name ano Corporate Seat acceca axa IP` , ig&ture (Attach Pdwer of Attorney) gl9Rt:Ty _e_ Name is Zttornev-in-Fact -19111tlaaa,.- Title Attest:% Signature Alice J es Witness Title Title Surety Phone No. Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. FJCDC C-430 Bid Bocci (Perri Sum Form) Prepared by the Engi cm JoJnt 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 rc=ected 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 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 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. EdCDC C430 Bid Band (Penal Sum Form) Prepared by the Engineers Joint Contract Documeats Committee. Page 2 of E Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lisa Kyer , Individually of Missoula, MT its true and lawful Attomey-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SuretyBond No: Bid Bond Principal: Cutting Edge Excavation, LLC Obligee: City of Kalispell and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 1st day of December, 2015. "S aery WESTERN SURETY COMPANY ;R +�= aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 1st day of December, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR oraarauaTA June 23, 2021 M sourH UhKOfA ' J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 31 st day of March, 2016. WESTERN SURETY COMPANY W4 lei Dz �p1IM � L Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.