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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7005 EAST PROSPECT ROAD LANDSCAPING IMPROVEMENTS (11)Administrative Services Purchasing Division City of Fort Collins March 13, 2009 Schultz Industries, Inc. Attn: Mr. Eric Schultz 13451 W. 43rd Drive Golden, CO 80403 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, �10, j/a)ms B. O'Neill Il, CPPO, FNIGP or 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 BID BOND KNOW ALL MEN BY EEff�wme� th undersi ned SCHULTZ INDUSTRIES, INC. as Principal, and�Ea� Fh�� tei WA-FCC h unto the City of Fort Collins, Colorado, as OWNER, in the,sum 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 ( 5 % ) 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, 7005 East Prospect Road Landscaping Improvements. 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. Rev10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 5th day of February, 2009, 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 SURETY INTERNATIONAL FIDELITY Name: SCHULTZ INDUSTRIES, INC. INSURANCE COMPANY 13451 W 43rd Drive One Newark Center, 20th Floor Addrespplden, CO 80403 Newark, NJ 07102 By: By: Eric Schultz GregoZZ ettin' Title: President Title: Att -In ATTEST: By: �� ' Rev 10/20/07 Section 00410 Page 3 Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY-- HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint .................................................................................................................................................................................................................................................................. .................. GREGORY HETTINGER Aurora, CO. ......... .....................................................................................................................................................................................................................................................................> its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemniry and other writings obligatory in the nature thereof, which are or may be allowed, required or rmttied by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power.of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY`tias caused t}iis instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October,A D2007 INTERNATIONAL FIDELITY INSIJR2 NCEaC616ANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the receding instrument, to me sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSUR said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly aff said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A CERTIFICATION NEW JERSEY ; Nov. 21, 2010 duly �d to rs of I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby.cemfy thai)I'have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as se fortliyit sail 71?ower of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts the;egf, APd`�f rhewhoeof i1Te `said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect 'v-i` rsl is r . =f ;c IN TESTIMONY WHEREOF, I have hereunto set my hand this 5th day of 1 ' d ti„i{ 2brua ry r 2009. `Assistant SecretA�ry , z