HomeMy WebLinkAbout2015 Sewer Vacuum Truck- Titan Machinery, Bid Bond THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE Titan Machinery, Inc.
1728 Old Hardin Rd., Billings, MT 59101
as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 18th Floor, Schaumburq, IL 60196-1056
a corporation duly organized under the laws of the State of MD
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Bozeman
121 N Rouse Road, Bozeman, MT 59771
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid
Dollars {$ 10% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the Principal has submitted a bid for City of Bozeman Sewer Vacuum Truck
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 1st day of July 2014
Titan Mac 4'n , Inc.
(Principal) (Seal)
(witness) ,
-By: ,...��
pip Of POfPi f%Sfl Ct'%ISD ��GS� / (Tiffe)
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Fidelity and Deposit Company of Maryland
(Sure ) r h (Seal)
(Witness)
Attomey4ti-Facf icole Langer
AIA DOCUMENT A310•BID BOND AIA 0 FEBRUARY 1970 ED.•THE AMERICAN ~�
INSTITUTE OF ARCIIITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
Surety Acknowledgment
State of MINNESOTA }
) ss.
County of Hennepin }
On this IA day of July 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
Fidelity and Deposit Company of Mar ly and 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
MICHE!LE GIANE SYLVESTER
Y NOTARY PUBLIC-MINNESOTA.
My Commission Expires
January 31,2018
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL,Vice President,in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,
constitute, and appoint Laurie PFLUG, Nicole LANGER, Dennis G. LOOTS, Jill N. SWANSON, Nina E. WERSTEIN, Brian D.
CARPENTER, Heather R. GOEDTEL, Michelle SYLVESTER, Craig OLMSTEAD and Jessica HOFF, all of Minneapolis,
Minnesota, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as
its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall
be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by
the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 7th day of October,A.D.2013.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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SEAL • rt $ 6?m
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Assistant Secretary Vice President
Gregory E.Murray James M. Carroll
State of Maryland
City of Baltimore
On this 7th day of October,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,JAMES M.
CARROLL,Vice President,and GREGORY E.MURRAY,Assistant Secretary, of the Companies,to me personally known to be the individuals and
officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith.
that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and
that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
rlotif•��
%��.@-/urn'!✓• LL�� ~`s� �� ` .
Maria D.Adamski,Notary Public
My Commission Expires:July 8.2015
POA-F 184-8370B
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V.Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
Il I,TESTIMON WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of i h ,204—
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Thomas O. McClellan,Vice President
Exhibit 2
Bid Sheet
Attach a completed Bid Specification Form.
The Bidder must state the Total Bid Price here:
Total Bid Price(written out and in dollar amount):
00
$ 3b9.SE
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k-�^Ccc. ckok�a,S and Zero cents
'IWL V o►ckor T\%45 or, {�e�wc,�ar1.,'C'yoo C�ass,s
Bid Form
Page 6 of 7
6
Exhibit 3
Receipt of Addendum (if applicable).
Bidder acknowledges receipt of the following addendum of revisions or additions:
Addendum Number Date Issued Authorized Signature For Each
1
2
3
4
5
Bid Form
Page 7 of 7
7
BID PURCHASE AGREEMENT
THIS AGREEMENT is made this day of , 20 by and between the
CITY OF BOZEMAN, a municipal corporation organized and existing under the laws of the
State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as "City," and
, with a mailing address of ,
hereinafter referred to as("Seller").
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase
the property requested and described in the City's Bid Specifications, as modified by the parts of
Seller's response accepted by City, all of which is incorporated into this Purchase Agreement by
this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or
incorporation into manufactured products of all machines, software, hardware, materials and
other devices furnished under this Purchase Agreement which are not of the Seller's design,
composition, or manufacture shall be free and clear of infringement of any valid patent,
copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses,
including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions
alleging such infringement, and Seller agrees to defend such claims, suits, or actions.
The property being purchased("Property") consists of:
Sewer Vacuum Truck as shown on the Bid Specifications.
TOTAL PRICE: (include price herel
2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and
upon this Property complies with the City's Bid Specifications as shown on the Seller's Bid
Form and the Seller's response thereto as accepted by the City. Unless otherwise agreed to by
the City, the City's Bid Specifications as shown on the Seller's Bid Form govern in the event of
inconsistencies with the Seller's response to the same.
3. PRICE: The City agrees to pay Dollars
as the purchase price. All prices are less any applicable local, state or federal taxes
that may be applied to the Property to be purchased. This price is firm and not subject to
escalation under agreed to in writing by the City.
4. DELIVERY AND PAYMENT: Time is of the essence in the performance of
this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the
Property. Seller agrees to deliver the above-described Property to the City within two hundred
forty (240) days of the receipt of City's order. Delivery will occur at the City of Bozeman's City
Purchase Agreement
Page 1 of 4
Shop Complex (814 North Bozeman Ave., Bozeman, MT 59715), or at a place otherwise
selected by City. If delivery of the Property and/or performance of services required under this
Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible
date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to
deliver the Property or perform required services within the time specific or to the City's
satisfaction the City may terminate this Purchase Agreement or any part therefore without
liability except or good or services previously provided and accepted. The City's receipt or
acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of
any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon
delivery and for a reasonable period thereafter, City has the right to inspect the Property to
ensure that it meets Bid Specifications as modified by Seller's responses accepted by City.
If the Property meets the modified Bid Specifications, City shall tender the purchase price
stated above to Seller through the City's normal claim process. Unless otherwise agreed in
writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or
acceptance of goods and services by the City, whichever occurs last. Payment will be made to
Seller at the address previously stated unless Seller provides a different address in writing.
Invoices must be mailed to: John Alston, Superintendent of Sewer and Water, PO Box 1230,
Bozeman, MT 59771-1230.
S. NONDISCRIMINATION: Seller will not discriminate in the performance of
this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and shall
ensure this provision applies to all subcontracts let by the Seller in fulfillment of this Purchase
Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller's breach of
this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or
fails to meet City's Bid Specifications, City may, at its option, take any or all of the following
actions without prejudice to any other rights or remedies available to the City by law: (i) declare
the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require
Seller to repair or replace any equipment or materials used in the Property, and upon Seller's
failure or refusal to do so, repair or replace the same at Seller's expense; (iii) reject any material
or equipment included in the Property containing defective or nonconforming equipment or
material and return for credit or replacement at Seller's option; or (iv) cancel any outstanding
deliveries and treat such breach by Seller as Seller's repudiation of this Purchase Agreement.
Thereafter, City may procure substitute property to replace the Property described herein. In
such event, Seller is liable to City for the difference between the price set forth herein and the
price paid by City for the replacement property. Additionally, the City may pursue any other
remedy it has at law or in equity.
In the event of the City's breach hereunder, Seller's exclusive remedy shall be Seller's
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
Purchase Agreement
Page 2 of 4
7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify
this Purchase Agreement or the equipment or material included in the Bid Specifications at any
time. Seller's receipt of City's written change order without response received by the City within
10 (ten) business days or Seller's shipment or other performance reflecting the change,
whichever occurs first, shall be Seller's acceptance of the change without any price or other
adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
FOR A MINIMUM OF TWO (2) YEARS AND SHALL ALSO ASSIGN TO THE CITY
ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE
PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY
AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN
PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED
WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO
WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW,
SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED,
FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN
CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE
WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND
REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE
WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER'S STANDARD
WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY
HAVE OR OBTAIN.
9. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express
written consent of City.
10. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,
embodies the entire understanding between the parties relating to the subject matter contained
herein. No agent or representative of either party has authority to make any representations,
statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
11. APPLICABILITY: This Agreement and any extensions hereof shall be
governed and construed in accordance with the laws of the State of Montana, and the same is
binding upon the parties,their heirs, successors,and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
Purchase Agreement
Page 3 of 4
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN
SELLER(Type Name Above)
By By
Chris A.Kukulski,City Manager Print Name:
Print Title:
APPROVED AS TO FORM:
By
Greg Sullivan, City Attorney
Purchase Agreement
Page 4 of 4
CITY OF BOZEMAN SEWER VACCUM TRUCK PURCHASE
NON-DISCRIMINATION AFFIRMATION FORM
_ Actw AQ6�ntrj M&g , [name of entity submitting]hereby affirms itwill not discriminate
on the basis of race,color,religion,creed,sex,age,marital status,national origin,or because
of actual or perceived sexual orientation,gender identity or disability in the performance of
work performed for the City of Bozeman, if a contract is awarded to it,and also recognizes the
eventual contract,if awarded,will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
--V`rku-n Maier:pAr j law. [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature of Bidder:
Perso authoriz o sign on behalf of the bidder
Gouexn�e�.� A<x-o4^4 ManQ9e+r