Chip Seal Project Ending 12/31/16/Knife RiverMONTANA
May 9, 2016
Pamela L Michalies
Knife River - Kalispell
PO Box 147
Kalispell, MT 59903
RE: Chip Seal Project for the Year Ending December 31, 2016
Dear Ms. Michalies:
Clerk's Office
201 1 s` Avenue East
PO Box 1997
Kalispell, MT 59903
Phone: (406) 758-7756
cityclerk@kalispell.com
www.kalispell.com
Being returned herewith is the bid bond you submitted as bid security for the above -referenced
project. At its regular meeting held May 2, 2016, the Kalispell City Council awarded the bid to
Pavement Maintenance Solutions in the amount of $98,508.42.
Thank you for submitting your bid.
Sincerely,
Aimee Brunckhorst, CMC
Enclosure: Bid Bond
FJCD
PENAL SUM FORM
1111; �]� 11
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
Knife River - Kalispell
P.O. Box 147; 3131 Highway 2 East, Kalispell, MT 59903
SURETY (Name, and Address of Principal Place of Business):
Liberty Mutual Insurance Company
175 Berkeley Street, Boston, MA 02116
OWNER (Name and Address):
City of Kalispell
M
Bid Due Date: April 21, 2016
Description (Project Name— Include Location): Chip Seal Project for the Year Ending December 31,
2016
BOND
Bond Number: Bid Bond
Date: April 21, 2016
Penal sum Ten Percent of Amount Bid $ 10%
(Wor�$)11$p1,fd (Figures$
Surety and Bidder, intending to be legallybt3`sybject to the terms set forth below, do each cause
this Bid Bond to be duly executed by an,4tho4dt"ce% 6gent, or representative.
v
BIDDER:',
Knife River -Kalispell Lib(;rty filutual Insurance Company _ (Sr'�t1 u .
Bidder's Nam and Corporate Sreal �90 SVretivs Name and rporate S al O Rhti
1912
Signature ""111 Si natu (Attach Power " e
Pamela L. Michalies-Asst. Sec.
Print Name
Title
Attest:
Signature
Title W 1 + Vile g
Nicole Langer
Print Name
Attorney -in -Fact
Title
Attest: CAIMA
Signature
Title Witness
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary.
E1CDC® C-430, Bid Bond (Penal Sum Form). Published 2013.
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
EVC13ca,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.
G. 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
Surety Acknowledgment
State of MINNESOTA }
} ss.
County of Hennepin }
On this 21s` day of April 2016, before me personally came Nicole Langer, to me known,
who being by me duly sworn, did depose and say that she is the Attorney -in -Fact of
Liberty Mutual Insurance Company described in and which executed the above instrument; that she/he
knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it
was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his
name to it by like order.
Notary Public(
■
LWAAMMICHELLE DIANE SYLVESTER
NMARY PUBLIC. MNIVEgp�
My Commission Expires
January 31, 2018
s
THIS POWER OF ATTORNEY IS NOT VALID UNLESS,IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7169838
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Brian D. Carpenter; Craig Olmstead; Dennis Loots; Heather R. Goedtel; Jessica Hoff; Jill N. Swanson; Laurie Pflug; Michelle Sylvester;
Nicole Lanaer; Nina E. Werstein
all of the city of Minneapolis , state of MN each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of November 2015
American Fire and Casualty Company
�pNoSU� �P�ZY o(sg9 �P1��4kzq�`( \LgNNgy� The Ohio Casualty Insurance Company
c4" `�G `'`�G. Q y FG 'I'r. J � O F e�Q' j�' Fp c<• J M J
Q 1906 o 0 1919 1912 ° 1991 s 16 Liberty Mutual Insurance Company
g2 West merican Insurance Company
�� yf/AM1?Pi�C1�L J�k'HP.IdgS�.'jb �'9i >ryvS �((.' 2 7y !a
N �b r ti � T nexus t- �nNP
N * * h * * By
STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary
COUNTY OF MONTGOMERY
dOn this 6th day of November 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
0 y Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
N > IN WITNESS WHEREOF, I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
l6 P pgST COMMONWEALTH OF PENNSYLVANIA9G%��/
oNw `1 Notarial Seal
Teresa Pastella, Notary Public By:
d or Plymouth Up., Montgomery County
O i Teresa Pastella, Notary Public
i yr�P My Commission Expires March 28, 2017
rO C>)q S��v� Member, Pennsylvania Association of Notaries
d P 0
GThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
cc L ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
Vr to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
O S acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
cu C ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
> L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
0 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked. ;_+
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ' day of
NnCAs �YINSV �4fJ5Uir gy1N5UR
� <- , rsc, � 5 3 Qar� 2 J� �,F,o�• `wry t�, tee` �u�h Rai r�, ,'[i/��l% i � 1906 0 1914 1912 ra 1991 BY:
_ Gregory W. Davenport, Assistant Secretary
1007 of 1500
LMS_12873_122013