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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7020 DRAKE ROAD WIDENING PROJECT (4)Administrative Services Purchasing Division City of Fort Collins May 15, 2009 Schmidt Earth Builders, Inc. 7250 Greenridge Road Windsor, CO 80550 RE: 7020 Drake Road Widening Thank you for recently submitting a bid to the City of Fort Collins for 7020 Drake Road Widening. 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 r ctor of Purchasing and Risk Management Enclosures: Bid Bond JBO:mar 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Schmidt Earth Builders, 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 $5%ofthe total amountofbidfor the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, Successurs, 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, 7020 Drake Road Widening. 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 rP9Parts perform the Agreement. r.reat.Pd by the acrept.anne 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 BO14D 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 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 25th day of March , 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 for Lh above. PRINCIPAL Name: Schmidt Earth Builders, Inc. Address: 7250 Greenridge Road Windsor, CO 80550 By: Title: ATTEST: By, :F r ":o Fb,• (SEAL) SURETY Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 BY: Title: Attorney -in -Fact ( SEAL) Rev 10/20/07 Section 00410 Page 2 WARNING: THIS IS INVALID WITHOUT THE RED TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217963 Certificate No. 001393849 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under. the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Connie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Russell J. Michels, Diane F. Clementson, Valerie R. Partridge, Penny R. Burkard, Anthony P. Stimac, Royal R. Lovell, and Jennifer Winter of the City of Greeley , State of Colorado , their true and lawful Attome s -in-Fact, YO each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of —guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitied in any^"actions or -proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumentAesigned'and their,cor'porate seals to be hereto affixed, this 18th t day of January 2007 r ;', r 1 s Farmington Casualty Company �` s s� f St. Paul Guardian Insurance Company r ' 4, Fidelity and Guaranty ,insurancer Company y St. Paul Mercury Insurance Company Fidelity and Guaranty Insura ce Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty'Company 0�-'Yrr p7�"• 9r SI%RErY % F1ftE 6 � J 4 A CTV'Y,'epPoq g,Y�4� ¢, u 982�' o �t 1977 �CORPORATED �J j92 g - -. =ycrF�aa O 1.�iJ�1 N9O a� State of Connecticut City of Hartford ss. By �P�INS�yg4., gJp�lY 4NOa J !'A0 �9f/Y f�,}1Y,t� a HARTFORD, K S j FNRfFO� r9 a �'.SE1tL.a3} CONN egi 4�y\\rANNs �f898 f � 5 Georg Thompson,- enior fice President On this the 18th day of January 2007 Y before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 7 OtA In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. IS POWER OF ATTORNEY IS THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and sea] with the Company's sea] bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety. Company,America-and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power,6f Attornneeyy-exxecut Yd bysaidtCompanies, which is in full force and effect and has not been revoked.ti. y lk- .Ct`94g � . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of saidtCo panies this 25th day of March 20 09 Kori M. Johan so Assistant Secretary 2 G ° 4�r � rJti(7fTy� A%-y�.Uq o+ INrRPOREA dr, �� � s 'F eyr c°�`� d•-. •f e. :SEAL's° a . /• ! 1� `�OFNEW� ��Fm no,� fSp AM'�L 1 °'1.•.........: �a° 'sb +st t �6- r ,�(� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER