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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7020 DRAKE ROAD WIDENING PROJECT (8)Administrative Services Purchasing Division City of Fort Collins May 15, 2009 Duran Excavating, Inc. 418 North 9t' Avenue Greeley, CO 80631 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, ame B. O'Neill II, CPPO, FNIGP ire or 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 Duran Excavating, 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 Tive(5%) percent of amount Bid 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, 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 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. *** Western Surety Company Rev 10/20/07 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals. this 25th day of b0arch , 20 09, 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 : Duran Excavating, Inc. Address : 418 N 9th Avenue, Greeley, CO 80631 By: y Title: SURETY Western Surety Company 101 South Phillips Avenue, Sioux Falls, SD 57117-5077 —� By: � is Tit le : Penny R. Burkard, Attorney=in'Fact ' - ^ ATTEST. B y : /7 r��--- Rev10/20/07 Section 00410 Page 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Valerie R Partridge, Penny R Burkard, Russell D Lear, Melanie A Lathouwers, Katherine E Dill, Royal R Lovell, Brandi J Tetley, Individually of Greeley, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of March, 2009. Ptryeo WESTERN SURETY COMPANY �a POt W4oP �l''iD _ t z CA%' 4i� �dv Paul . Bmflat, Senior Vice President State of South Dakota County of Minnehaha ss On this 9th day of March, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +titi�•...tis�tititi��ti+titi+,titititi s D. KRELL f November 30, 2012 r S AE NOTARY PUBLIC Fa3 l + SOUTH DAKOTA i +ti..y..titi•.�.�.tititi. ti.........titititi + D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretaryof;,WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-La'.v'of.the corporationprinted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed ffi my name and axed the seal of the=sai&Z ryomtion ths. :5 '' day of AAe.r� it 1. . Po=`rox WESTERN SURETY COMPANY Dpltd�p•,. ' .... V .6( Fonn F4280-09-06 L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By. -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.