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Home My WebLink AboutBid Bond Signed - CK May CDC FE PENAL SUM FORM [BID DOM Any singular reference to Bidder,Surety,Owner or other party shall be considered plural where applicable. BIDDER(dame and Address): CK May Excavating, Inc. PO Box 1426, Belgrade, MT 59714 SURETY(blame,and Address of Principal Place of Business): Merchants Bonding Company(Mutual) P.O.Box 14498, Des Moines, IA 50306-3498 OWNER(Name and Address): City of Bozeman 121 N. Rouse Avenue, Bozeman, MT 59715 BID Bid Due Date: August 10,2021 Description(Project Name—Include Location): North 15th Avenue Improvements Patrick to Tschache, Bozeman, MT BOND Bond Number: Bid Bond Date: August 10, 2021 Penal sum Ten Percent of Amount Bid 10% (Words) i (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. a�H��6,,• BIDDER SURETY ,mo`oPPo yq°rye CK May Excavating, Inc. (Seal) Merchants Bonding Company(Mutual) ,933 Bidder's Name and Corporate Seal Surety's Name and Corporate Seal 'yid .......\�;�: By: BY: Signature Signature_(Attach Power of-Aftorney) V45MAY /" AY Carly Schneidenbach Print Name Print Name Pip c,-6 / /1A QA Attorney-in-Fact Title Title Attest: / Attest: C � Si aty rt'e Signature Ryan Elliott 1Citle F�T�—1 M �� Title Montana Agent Note:Addresses are to be used for giving any required notice. Provide execution by any additional parties,such as joint venturers,if necessary. EIMC°[-430,Ed Bond iPenal Sum Form).Publ[shed 2013. Prepared by the Engineers JointContract D xuments committee. Page I of 2 ZF. 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 the 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 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 Mall, 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,sea),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. EJMCO G430,Bid Bond(Pena]Sum Form).Published=l Prepared try the Engineers Jo1nt contract Docurru:nts commRtw_ Page 2 of 2 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies')do hereby make,constitute and appoint,individually, Carly Schneidenbach;Kelly L Tenold;Ryan Elliott;Spencer Fred Thomas;Tyler McIntyre their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies)and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority 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. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 •........I.." ......... •�10 NA G C tp0jpq... �p�O,AP fl9'-O,y•• MERCHANTS BONDING COMPANY(MUTUAL) :IL G 2. e V 9�.s�� MERCHANTS NATIONAL BONDING,INC. 2003 1933 c: By b ac• •�i��/i:........•.��: ••••�`I•...`...•`.�•� President STATE OF IOWA ... ••••....••• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor,to me personally known,who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �11A, ALICIA K.GRAM z° Commission Number 767430My Commission Expires, .,� April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies.on this 10th day of August ,2021 2003 1933. . e: secretary ;v POA 0018 (3/17)