HomeMy WebLinkAbout2014 Street Improvements-Bid Bond, Knife River PENAL SUM FORM
SECTION 00430
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 Principle Place of Business):
Liberty Mutual Insurance Company
450 Plymouth Road Suite 400
Plymouth Meeting PA 19462
OWNER(Name and Address):
City of Bozeman
BID
Bid Due Date: May 20 2014
Project(Brief Description Including Location):
City of Bozeman 2014 Street Improvements
BOND
Bond Number. Bid Bond
Date(Not Later than Bid'due date): May 20, 2014
Penal Sum Ten Percent of Amount Bid S 10%
(Words) (Figures)
Surety and Bidder,intending to be legally qu tiklisublect of the terms printed on the reverse side hereof.do
each cause this Bid Bond to be duty*c�eGc�p bet tEby its authorised officer,agent,or representative.
BIDDER SURETY
L
Knife River- Belgrade = 00 J-ibe Mutual Insurance Company
Bidder'sand Co rate Surety's Name and C e 1
S - Signature ++f°° Signa re
Pamela L. Michalies-Asst. Sec. Nicole Lang r
Print Name Print Name
Attorney-in-Fact
1 J��1NSUggy Title
•�\�LpRPOggr
Attest EnatureSi 1912 ature
j 9ssgs �� Witness
�e * Titla
!e: A ::a adc:esses are to be used forgiving required notice. Provide execution b},,anyadditronat parfr'es,such
%::+'•:1';.?J:s;. ifirrccessary.
00430.1
PENAL SUM FORM
1. Bidder and Surety,jointly and severally,bind Owner and Bidder,provided that the total time
themselves,their heirs,executors, for issuing Notice of Award including
administrators,successors and assigns to pay extensions shall not in the aggregate exceed
to Owner upon default of Bidder the penal sum 120 days from Bid due date without Surety's
set forth on the face of this Bond. Payment of written consent.
the penal sum is the extent of Suretys liability.
Recovery of such penal sum under the terms 6. No suit or action shall be commenced under this
of this Bond shall be Owner's sole and Bond prior to 30 calendar days after the notice of
exclusive remedy upon default of Bidder. default required in Paragraph 4 above is received
by Bidder and Surety and in no case later than
2. Default of Bidder shall occur upon the failure of one year after Bid due date.
Bidder to deliver within the time required by the
Bidding Documents(or any extension thereof 7. Any suit or action under this Bond shall be
agreed to in wrong by Owner)the executed commenced only in a court of competent
Agreement required by the Bidding Documents jurisdiction located in the state in which the
and any performance and payment Bonds Project is located.
required by the Bidding Documents.
8. Notice required hereunder shall be in writing and
3. This obligation shall be null and void if: sent to Bidder and Surety at their respective
3.1 Owner accepts Bidders bid and Bidder addresses shown on the face of this Bond. Such
delivers within the limo required by the notices may be sent by personal delivery.
Bidding Documents (or any extension commercial courier or by United States
thereof agreed to In writing by Owner)the Registered or Certified Mail,return receipt
executed Agreement required by the requested.postage prepaid,and shall be
Bidding Documents and any perfcrmance deemed to be effective upon receipt by the party
and payment Bonds required by the concerned.
Bidding Documents,or
3.2 All Bids are rejected by Owner,or 9. Surety shall cause to be attached to this Bond a
3.3 Owner fails to issue a Notice of Av.ard to current and effective Power of Attorney
Bidder within the time specified in the evidencing the authority of the officer,agent,or
Bidding Documents(or any extension representative who executed this Bond on behalf
thereof agreed to in writing by Bidder and, of Surety to execute,seal,and deliver such Bond
if applicable,consented to by Surety when and bind the Surety thereby.
required by Paragraph 5 hereof).
10. This Bond is intended to conform to all applicable
a. Payment under this Bond will be due and statutory requirements. Any applicable
payable upon default by Bidder and vi,thin 30 requirement of any applicable statute that has
calendar days after receipt by Bidder and been omitted from this Bond shall be deemed to
Surety o!written notice of default from OYmer, be included herein as if set forth at length. If any
which notice will be given with reasonable provision of this Bond conflicts with any
promptness,identifying this Bond and the app:;cable statute,then the provision of said
Project and including a statement of the statute shall govern and the remainder of This
amount due. Bond that is not in conflict therowith shall
continue in full force and effect
5. Surety waives notice of any and all defenses
based on or arising out of any time extension 11. The term'Bid'as used herein includes a Bid,
to issue Notice of Award agreed to In writing by offer,or proposal as applicable.
EJCDC NO.G470(2010 Fditon) 00430.2
Surety Acknowledgment
State of MINNESOTA }
} ss.
County of Hennepin }
On this 20th day of May 2014, 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/lie
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 Publi
a MICHELLE DIANE SYLVESTER
NOTARY PUBX-MlNNE_SOTA
My Commission Expires
'sue January 31,2018
V
X
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Pomr 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. 6115677
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: ThatAmedcan Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duty 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 1 nnts7 Jill Swansonm Laurie Pflug! Ni A� le L angec Nina E.Werstein:Teresa Hammers
all of the city of Minneapolis ,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 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 8th day of May 2013 ,
American Fire and Casualty Company
The Ohio Casualty Insurance Company N
r
t4; Liberty Mutual Insurance Company ayi
u 1916 r WestAmerican Insurance Company
G STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary R
.r COUNTY OF KING C
O
aOn this 8th day of May 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American
o O Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, W
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d E
C
r > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. o t3
14-
By 0"Q
Oa) KD Riley,Not Public 3
60 OE
a.
mThis Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAme6can Fire and Casualty Company,The Ohio Casualty Insurance N c
w Company,Liberty Mutual Insurance Company,and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: c
on
LARTICLE 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 p =
a; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, z,Q
p E 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 3
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 'i d
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 attomey-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. 00
'a a
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, £Do
> L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, E M
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 Coo
Z V 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 00
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O o
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to appoint such ~`—
attomeys-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 attomey 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,David M.Carey,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 powerof attomey of which the foregoing is a full,true and correct copy of the Power ofAttomey 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�b dayof 20J.
- y'M David M.Carey;Assistant Secretary
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