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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7076 POUDRE TRAIL REHABILITATION JUNCTION AND ELS (3)City of F6rt 6 October 7, 2009 L&M Enterprises, Inc 735 E Colorado Highway 56 Berthoud, CO 80513 RE: 7076 Poudre Trail Rehabilitation- Junction and ELS Financial Services Purchasing Division 215 North Mason Street 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 - fax fcgov.com/Purchasing Thank you for recently submitting a bid to the City of Fort Collins for 7076 Poudre Trail Rehabilitation- Junction and ELS. 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, a es B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Enclosures: Bid Bond JBO:cj SECTION 00410 BID BOND MW ALL MEN BY THESE PRESENTS: that we, the undersigned L & M Enterprises, 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 $ *** for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. ***five percent of bid amount (5%)-- 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, 7076 Poudre Trail Rehabilitation - Junction and BLS. NOW THEREFORE, (a) It 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 hie 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. IN WITNESS WHEREOF, the Principal and the surety have hereunto scat their hands and seals this 6th day of October , 20 0j 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 met forth above. PRINCIPAL I SUR3TY Name: L & M Enterprises, Inc. Travelers Casualty and Surety Company of America Address: 735 E. Colorado Highway 6 By : Title: One Tower Square Ha CT 06183 By: Title: RenPP Stein.Attarnew-in-fact ATTEST:. By: • Ji (SEAL) (SEAL), ; ING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington 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. 220225 Certificate No. 002960038 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 Christine A. Herbert, Steven J. Ewing, Bryan K. Brenning, and Renee Stein of the City of Loveland , State of Colorado their true and lawful Attomey(s)-in-Fact, 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 permitted+in any,actions or -proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumentjo be signed and their" -corporate seals to be hereto affixed, this da of April 2009 _ 24th Farmmgton Casualty Company :, . h7. St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company' :.;: t 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 2 pASUI,�AL SWiETy Jy FIRE 6 y \�N MSG Y 1NSU �tY 4N O ♦ � �t a� .. �_ op @��'....�, 9s c�p••......,gy�,� ��r omc t�Naswbr YgryO G C1 N rtOAPORA)'S Qf `° c q4 �y . �N � 1Jt► '�, # ,� of c° mod'•. .fit. ��,SBAL,•'a 'm o � � State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 24th dayof April 2009 ' 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, Trav€,3ers 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. p.TE'T 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 58440-5-07 Printed in U.S.A. T 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 seal with the Company's seal 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,dl America; and United States Fidelity and Guaranty Company do hereby m a to . . X,a ., certify that the above and foregoing is a true and correct copy of the Power.of"Attorney: executed by, sai&Companies, which is in full force and effect and has not been revoked. r� IN TESTIMONY WHEREOF, I have hereunto set my handandxed the -seals Hof sal ompanies this 6th day of October 20 09. Kori M. Johans Assistant Secretary pI.SUq�T � Jf �T J. yftRE 6 lTM..�NS 11NSUq PLfY ANO Y �R4TED n �I F� RPORAl`,n� i y To verify the authenticity of this Power.of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. p; :r jI titi 3Yx .,.n:, WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER