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071218 Kilmer Elect Bid BondBID BOND BIDDER (Name and Address): Killmer Electric Co., Inc. S141 Lakeland Avenue North Crystal, MN SS429 SURETY (Name and Address of Principal Place of Business): United Fire & Casualty Company P. O. Box 73909 118 2nd Avenue SE Cedar Rapids, IA S2407.3909 OWNER (Name and Address): City of Shorewood S7SS Country Club Road Shorewood MN SS331 BID BID DUE DATE: July 12, 201_8 PROJECT (Brief Description Including Location): Boulder Bridge MCC Replacement; Shorewood Minnesota - BOND BOND NUMBER: Bid Bond DATE (Not later than Bid due date): July 12, 2018 PENAL SUM: Ten Percent (10 %) of Total Amount Bid 10% (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. �" .Bidder'sNaAe and Co to Seal v . i y ;Brian Palmer, Signature and Title „ President ignature and Title L.J SURETY United Fire & Casualty Company ,r`(Seal)� Surety's Name and Corporate Seal ',,�•�,', ,,.•�.�� n, Signature and Title`sf.�,r Attorney-in-Fact (Attach P er of Attoiney)Z to)". 44AVSiature and Title Surety Account Representative µ Note: (l) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. Shorewood, Minnesota 00 43 13 -1 BID SECURITY Boulder Bridge MCC Replacement 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, 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 by 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 and 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 or 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. Shorewood, Minnesota 004313-2 BID SECURITY Boulder Bridge MCC Replacement • k• CORPORATE ACKNOWLEDGMENT State of MinnesQta ) 1ss. County of ) On this 12th day of July 2018 , before me appeared Brian Palmer , to me personally known, who, being by me duly sworn, did say that he /she is the President of Killmer Electric Co.. Inc. . a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said erian Palmer acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires SURETY ACKNOWLEDGMENT State of Minnesota ) )ss County of Hennepin ) County, On this 12th day of July 2018 , before me appeared Lin Ulven to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of United Fire & Casualty Company , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Lin Ulven acknowledged said instrument to be the free act and deed of said corporation. a _ " ` LINDA K. FRENCH NOTARY i�l-IBI.tC -MINNESOTA My Commission Expires January 31, 2020 +r 10 OF, A ON AAA A A OVA Am A A A A A A AAAAAAAAOWVS Notary Public Washington I _ County, Minnesota My commission expires 1/31/2020 • UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Off tee of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint R.W. FRANK, JOHN E. TAUER, JOSHUA R. LOFTIS, TED JORGENSEN, R.C. BOWMAN, NICOLE STILLINGS, RACHEL THOMAS, CRAIG REMICK, LIN ULVEN, BRIAN J. OESTREICH, JEROME T. OUIMET, SANDRA M. ENGSTRUM, COLBY D. WHITE, MELINDA C. BLODGETT, KURT C. LUNDBLAD, EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2413, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. '"She President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the, Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. ,untrpp�� IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its '�.',", c tNSn„ vice president and its corporate seal to be hereto affixed this 2111 day of February, 2018 ?� C oetuuAre _ 'E L =' "tE °!g UNITED FIRE & CASUALTY COMPANY ' sEAL sau _ '1r0 UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Linn, ss: Vice President On 21t1 day of February, 2018, before me personally came Dennis J. Richmann to me known, who being by me duly swom, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument that he knows the seal of said corporations, that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. IN N Pa Wadden F Iowa Notarial Seal • Commission number 713274 Notary Public o. My Commission Expires 10/26/2019 My commission expires: 10/26/2019 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. - In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this .r.rZ..f2th day of July 12018 `�`�+,. , � •.µu pp� VtI aµaHMw/gWe� 4 zF caeroaAre ;" cairoRAts r :R- By: • y � HEAL ~r ' SEAL ties s - ��j.�/� °,` • r' �`S' �5'FOa!t Assistant Secretary, +�y/_ +,,,��� /�j,�j, 'haa.• ►M NI Sk *T ', "464gla OF &C & OF &I & FP[C 1217