HomeMy WebLinkAboutCORRESPONDENCE - RFP - P954 POLICE SERVICES FACILITY DESIGN & BUILDAdministrative Services
Purchasing Division
City of Fort Collins
February 22, 2005
Swinerton Builders
Attn: Kevin L. Ott
6890 West 52" d Ave Ste 100
Arvada, CO 80002-3901
RE: P954 Police Services Facility-Design/Build
Dear Mr. Ott:
Thank you for recently submitting a bid to the City of Fort Collins for P954 Police Services
Facility-Design/Build.
Your firm was not the selected firm and in accordance with contract specifications, your
bid bond is being returned to you.
We appreciate the time spent in preparing your bid response and we hope you continue
your interest in City of Fort Collins' projects.
If you should have any questions, please contact me.
Sincerely,
(a s B. O'Neill II, CPPO, FNI P
ector of Purchasing and Risk Management
Enclosures: Bid Bond
JBO:cpj
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-08U • (Y7u) Z61-o//J • rnn ,7wf LEI
SECTION 00410
PROPOSAL BOND
KNOW ALL MEN BY TfiESE PRESENTS: that we, the undersigned
as principal, and _ FIDELITY AND DEPOSIT COMPANY OF MARYLAND as
Surety, are hereby held and firmly bound unto the City of Fort
Collins, Colorado, as OWNER, in the sum of 5 See below* for
the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, successors, and assigns.
*FIVE PERCENT (5%) OF THE TOTAL AMOUNT BID.
THE CONDITION of this obligation is such that whereas the Principal
has submitted to the City of Fort Collins, Colorado the accompanying
Proposal and hereby made a part hereof to enter into a Construction
Agreement for the construction of Fort Collins Project,
CITY OF FORT COLLINS POLICE SERVICES FACILITY-DESIGN/BUILD
NOW THEREFORE,
(a) If said Proposal shall be rejected, or
(b) If said Proposal. shall be accepted and the Principal shall
execute and deliver a Contract in the form of Contract attached
hereto (properly completed in.accordance with said Proposal) and
sholl furnish a BOND for his faithful performance of said
Contract, and for payment of all persons performing labor or
furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of
said Proposal, then this obligation shall be void; otherwise the
same shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any
and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its aoND shall be in no way impaired or
affected by any extension of the time within which the OWNER may
accept such Proposal; and said Surety does hereby waive notice of any
such extension.
Surety Companies executing bonds must be authorized to transact
business in the State of Colorado and be accepted by the OWNER.
7/" Staten 00410 Page 1
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set
their hands and seals this 8th day of DECEMBER , 2004, and such
of them as are corporations have caused their corporate seals to be
hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
PRINCIPAL,
SWINERTON BUILDERS,
Name: A CALIFORNIA CORPORATION
Address: 890 W. 52nd Ave., Ste. 100
Ary 0 80002
By:
Kev n tt
Title: Vice President
ATTEST.
By:
Robert Vanderberg- ice President
(SEAL)
1196 Section 00410 Pale 2
STJMTY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
560 MISSION ST., SAN FRANCISCOCA 94105 ,
o
By: -.
CYNTHIA L. WIS
Titl : ATTORNEY -IN -FACT
(SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
❑x personally known to me - OR -
JANET C. ROJO
COMM. #1317395
a NOTARY PUBLIC-CALIFORNIAC
a SAN FRANCISCO COUNTY
My Comm. Expires Aug. 18, 2005
❑ proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that she executed the
same in her authorized capacity, and that
by her signature on the instrument the
person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Gv'1 0-
Signature
9
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$ waived . This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct earned premium in the prior year, for 2003, 7% of direct earned premium in the prior year, for 2004, 10% of
direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal
share of an insurance company's losses above its deductible is 90%. In the event the United States government
participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism; ,
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in.the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
4050749.doc
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s Hate, constitute and
appoint Cynthia L. LEWIS, Susan HECKER, Janet C. ROJO, Swan , M. MOODY and
Maureen O'CONNELL, all of San Francisco, California, aw ney-in-Fact, to make,
execute, seal and deliver, for, and on its behalf as su i an onds and undertakings, and
the execution of such bonds or undertake p t I as binding upon said Company, as fully
and amply, to all intents and pu had ctlt✓;tt'and acknowledged by the regularly elected officers
of the Company at i B re oper persons. This power of attorney revokes that issued on
behalf of Cynthia L. u�C. ROJO, Swan LEE, Laura L. PLAISANT, Betty L. TOLENTINO,
Antoinette D. MITC� eter D. HOLLEY, Maureen O'CONNELL, dated January 12, 2004.
The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of June, A.D.
2004.
ATTEST:
. 9EPOs�`
4,Wni
State of Maryland i ss:
City of Baltimore J
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
IZA By:
T. E. Smith Assistant Secretary Paul C. Rogers
Vice President
On this 2nd day of June, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned
and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Eby
�grr�Af
Dennis R. Hayden Notary Public
My Commission Expires: February I, 2005
POA-F 016-0511C
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of 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
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
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 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."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 8th day of DECEMBER 2004