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HomeMy WebLinkAboutCORRESPONDENCE - BID - 5932 MASON STREET HARMONY ROAD SPRING CREEK BIKE PAdministrative Services Purchasing Division October 5, 2005 Flatiron Constructors Inc. 10090 1-25 Frontage Rd Longmont, CO 80504 RE: Bid 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail Thank you for recently submitting a bid to the City of Fort Collins for Bid 5932. Your firm was not the low bidder 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, J m s B. O'Neill II, CPPO, FNIGP ctor of Purchasing and Risk Management Enclosures: Bid Bond JBO:cpj 215 North Mason Street • 2nd Floor • P.O. Box 580 , Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 s SECTION 00110 1311) F30ND KNOW ALI, MEN BY THESE PRESENTS: that we, the undersigned as Principal., arid 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 surn of * $ 5%--""""'------"' for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. *Five percent of the total amount of the bid THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 5932 Mason Street/Harmony Road/Spring Creek Bike/Pedestrian Trail. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid 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 Bid) and shall 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 Bid, 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 BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; 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. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have F,ereunto set their Hands and seals this 26th day of August , 20.05, 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 Name: Flatiron Constructors, Inc Address: 10090 I-25 Frontage Road ATTEST: By: ,t e At�� VP # Ass* Se" +" (SEAL) SURETY Fidelity and Deposit Company of Maryland 801 North Brand Blvd., Penthouse Suite Glendale, CA 91203 By: ca Title: Attorney-i -Fact (SEAL) '/96 Section 00410 Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August 26, 2005 before me, G.L. Reza, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ` behalf of which the person(s) acted, executed the instrument. �I G. L. REZA 1 fVQ COMM. #1395003 NOTARY PUBLIC-CALIFORNIA 3 ORANGE COUNTY WITN S my d nd official seal. �I My Comm. Exp, Jan. 21, 2007 SI ATURE OF -NOTARY G.L. Reza OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ® LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2MA ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 " Canooa 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 VI, 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 � nate, constitute and appoint Jeri APODACA, of Irvine, California, its true and lawful a e ace ke, execute, seal and deliver, for, and on its behalf as surety, and as its act and de e s , and the execution of such bonds or undertakings in pursuance of these r m ' any, as fully and amply, to all intents and purposes, as if they had been ac gularly elected officers of the Company at its office in Baltimore, Md., in t>;e�(70 rs e attorney revokes that issued on behalf of Jeri APODACA, dated 7, The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ' y, and is now in force. IN WITNESS OF, 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 14th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.P0.0D�EvpS�i ti{ F �Vf O O By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland i ss: City of Baltimore f On this 14th day of April, A.D. 2003, 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. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-5025J THIS IMPORTANT DISCLOSYJRE NOTIQ IS PART OF YOUR DOND 1~idelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Disk Insurance Act of 2002. No action is required on your part. AlsclosyAre of Terrorism Prgrhium 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. Aasciosure of Availabiility 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 Compsav's 'Terrorism bosses 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 oonewrreuce 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 andwhose 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 Goverment by coercion. But, no act $ball be certified by the Scarotary 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 f.Yom the act, in the aggregate, do not exceed $5,000,000. 17teae disclosures are informational only and do not modify your bond or affect your rights under the bond, Copyright Zuricb Ama iow Insurance Company 2003