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Home My WebLink AboutCORRESPONDENCE - BID - 7005 EAST PROSPECT ROAD LANDSCAPING IMPROVEMENTS (8)Administrative Services Purchasing Division City of Fort Collins March 13, 2009 Mill Brothers Landscape & Nursery, Inc. Attn: Mr. Kevin Mill 6121 East Harmony Road Fort Collins, CO 80528 RE: 7005 East Prospect Road Landscaping Improvements Thank you for recently submitting a bid to the City of Fort Collins for 7005 East Prospect Road Landscaping Improvements. 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, s B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Enclosures: Bid Bond JBO:jkb 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 RID BOND YNOW ALL MEN BY THESE PRESENTS: that we, the under s i gnedMill Brothers Landscape & Nursery -Inc. as Principal, and*as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent of Amount Bid (5%)for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. 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, 7005 East Prospect Road Landscaping Improvements. NOW THEREFORE,: ` ' i. <.•__{' ,' (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 t'hat. 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•-'`t-sa.t 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. *Washington International Insurance Company Rev10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 9th day of February , 2 0-0a, and su6h 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: Mill Brothers Landscape & Nursery, Inc. Address: 6121 East Harmony Road Fojt Collins, CO 80528 By: Title: z ATTES�,T , By: ;.L/ (SEAL) SURETY Washington International Insurance Company 1200 Arlington Heights Road, Suite 400 ltascN IL 60143 By: Title : Susan J. L rulo, Attorney -In -Fact Rev 10/20/07 Section 00410 Page 3 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 9th day of February , 20L9_, 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: Mill Brothers Landscape & Nursery, Inc. Address: 6121 East Harmony Road Fojt Collins, CO 80528 � f By: r Title: ATTEST By: SURETY Washington International Insurance Company 1200 Arlington Heights Road, Suite 400 Itasc IL 60143 By: Title : Susan J. L rulo, Attorney -In -Fact Rev 10/20/07 Section 00410 Page 3 BID BOND. KNOW ALL MEN BY THESE PRESENTS:. that we, the under signed Mill Brothers Landscape & NurseInc. as Principal, and*as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent of Amount Bid (5%)for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. 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, 7005 East Prospect Road Landscaping Improvements. NOW THEREFORE:,:,;. ? i. (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, ir., no event, exceed the penal amount of this obligation as hi rein stated,: The Surety, for value received, hereby stipulates andagr'ees•`'--iat 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. "Washington International Insurance Company Rev 10/20/07 Section 00410 Page 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY. KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing tuhder laws of the State of New Hampshire, and having its principal office in the City, of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DONALD E. APPLEBY. GLORIA C. BLACKBURN, FLORIETTA ACOSTA, DILYNN GUERN, FRANK C. PENN. KEVIN W. McMAHON, J.R. RICHARDS, SUSAN J. LATTARULO, TIFFANY McGONIGLE, MARK SWEIGART, and DEANNA M. ROBICHAUD JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contractor otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION ($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by die Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 241h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execration of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or, facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety,to.Nvhich it:is,attached." saolltununuu� �I} '` ' �r 'i. G1At ITY/, e m w aaut# 5 : •bpPOq,�•..p'ilONgi � . G r •. r�P� aPo -. M., F :�sZ By r g ti o0 RaA ? SEAL c 0 - Stevcn P. Andersou, ]'resident & Chief Executive Officer ofwashingtun international Insurance Company S E W Z .1973 rude & Senior vice president of North American Specialty Insurance Company � < m By David M. Layman, Senior Vice President of Washington International Insurance Company & Nice President of North American Specialty Insurance Company wo IN WITNESS WHEREOF, North American Specialty hhsurance Company and Washington International Insurance` official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: caused their _, 2008 . On this 30th day of September 20 08 , before me, a Notary Priblic personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 1 `OFFICLALSEAV r, J h NNA D. SKLENS ctYr I1 G! ` /i a�1 Notary Public, State of I inois Domha D. Sklens, Notary Public My Commission Expires 10106t2011 I, James A. Camenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of February .20 09 James A. Carpenter, Vice President & Assistant Secretary of Washington International lusurwire Company & North American Specialty insurance Company