HomeMy WebLinkAboutBid Bond - N. 15th Avenue Improvements Knife River BID BOND
Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable.
BIDDER(Name and Address):
Knife River-Belgrade
P.O. Box 9, Belgrade, MT 59714
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 Bozeman, Montana
BID
Bid Due Date: August 10,2021
Description(Project Name and Include Location):
North 15th Avenue Improvements-Patrick to Tschache
BOND
Bond Number: Bid Bond
Date(Not earlier than Bid due date):August 10, 2021
Penal sum Ten Percent of Amount Bid $ 10%
(wo�c ),I 119 (Figures)
10%
,111
Surety and Bidder,intending to be legaityb�u GROUP by�p ifljject to the terms set forth below,do each cause this
Bid Bond to be duly executed by an atthoriz�' office� 'en or representative.
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BIDDER 1990E SbRiTY
Knife River-Belgrade �®�; .. �6eal)• 'Liberty Mutual Insurance Company (Seal)
Bidder's N e and Coo S 1 'A,®® AN P�e$ilrety s Name and Corporate Seal
By: By:
Signature (;g"nature(Attach Power of Attorney)
Pamela L. Michalies-Asst. Sec.
Heather R. Goedtel
Print Name Print Name
Attorney-In-Fact
Title Title
Attest: - Attest:
Signature Signature
Wi �1��' J.� Witness
Title Title
EJCDC C430 Bid Bond(Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
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 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 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.
EJCDC C430 Bid Bond(Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
Surety Acknowledgment
State of Minnesota }
} ss.
County of Hennepin }
On this 1 Oth day of August 202 bbefore me personally came Heather R. Goedtel, 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
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 signed her name to it
by like order. 14,
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Notf Public
of"`sr+r•- NICOLE CATHERINE LANGER
sue\
Notary Public
=a: Minnesota
My Commission Expires
se,..µ Jan 31,2023
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.
Lit ,fir
�_ Liberty Mutual Insurance Company
j Y L. The Ohio Casualty Insurance Company Certificate No: 8205962-190003
West American Insurance Company
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POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation 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, Blake S.
Bohlig;Brian D.Carpenter,Craia Olmstead;Heather R.Goedtel;Jessica Hoff;Kelly Nicole Enghauser,Michelle Halter;Nicole Lanuer;Laurie Pflug
all of the city of Bloomington state of MN each individually if there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its ad 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 15th day of July 2021 .
Liberty Mutual Insurance Company
PV INSU� P-Vf INS& INSU� The Ohio Casualty Insurance Company
�J G°Rao,Iyr y0 y�1 c°ppo�TRgy \VPG_%—R, y.1$ West American Insurance Company
J 3 Fom Q3 Foci � = Fo m
ui r ; 1912go 0 1919 0 . 1991 o N
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Yd�s`44 CHU`��.aa SO MA MP`��,aD '(s �N°IANP �a� C U
8j7 * I d �yl * *a �M * �`' BY m
t>3 David M.Carey,Assistant Secretary t
ca State of PENNSYLVANIA ss
County of MONTGOMERY g a
0 3 On this 15th day of Jule 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0
(0 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
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— IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written.
CID 0
O kiSP°Nyy Sp0 Commonwealth of Pennsylvania-Notary Seal �_
ti— r4Q°AN' <r ! Teresa Pastella,Notary Public �1-� m
O r" ° S Montgomery County (/ E E
O OF My commission expires March 28,2025 1 By: 0 N
P Commission number 1126W Q 0
y„r JP,�,� Member,Pennsylvania Associatbn M Notaries
eresa Pastella,Notary Public
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4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual00
0 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0
ARTICLE IV-OFFICERS:Section 12.Power of Attorney. $o
40- Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the—0—
v President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m=
a=i any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall c
0 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 �o m
Z 0instruments 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 attomey-in-fact under the � m
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. ti—CL
ARTICLE All-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,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attomeys-in-fad 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 attomeys-in-
fad as may be necessary to ad 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,Renee C.Llewellyn,the undersigned,Assistant Secretary,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 loth day of August , 2021
P�INSU� P�(V INS& \NSU�
J °ltvor� L J onPo�r Qy VP oitPOm L
s 1912 c 0 1919 : 1991 c
I. o a By:
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rdd�sgcttu5�da Z� hAwvS�4 dLr rr �NotnNP aa� Renee C.Llewellyn,Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02121