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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7129 COLLEGE WILLOX ROADWAY IMPROVEMENTS PROJECTCity of F6rt Collins a May 16, 2010 Connell Resources, Inc. 7785 Highland Meadows Parkway #100 Fort Collins, CO 80528 RE: 7129 College/Willox Roadway Improvement Financial Services Purchasing Division 215 North Mason Street 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 - fax fcgo v. com/purchasing Thank you for recently submitting a bid to the City of Fort Collins for 7129 College/Willox Roadway Improvement Your firm was 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 look forward to working with you. If you should have any questions, please contact me. Sincerely, �2' nx-� Ds B.O'Neill II, CPPO, FNIGP or of Purchasing and Risk Management Enclosures: Bid Bond JBO:mar City of F6rt Collins May 16, 2010 LaFarge North America dba Lafarge West, Inc. 1800 Taft Hill Road Fort Collins, CO 80521 RE: 7129 College/Willox Roadway Improvement 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 submitting a bid to the City of Fort Collins for 7129 College/Willox Roadway Improvement. 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, C� OA�� �e- Jim s B. O'Neill II, CPPO, FNIGP ctor of Purchasing and Risk Management Enclosures: Bid Bond SECTION 00410 BID BOND Lafarge North America, Inc. KNOW ALL MEN BY THESE PRESENTS: that we, the undersigneddba Lafarge West, 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 (5%) 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 obl�.gation 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, 7129 College/Willox Roadway Improvements Project. 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 Eurnish a BOND for his faithful performance of said Contrast, 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 an,y such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted, by the OWNER. Ray 10120ro7 Section 0042.0 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 29th day of March 2010, 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. PR3 27CIPAL Lafarge North America, Inc. Name: dba Lafarue-West. Inc. Address: 1800 Taft Hill Rd. Fo,ft CO 80521 By: Ke T21. ` Title: ATTEST: By - uI .. '.d.,• �' ; . (SEAL) SURETY. Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196-1056 ra.,'<:.• By: Sandra E. Bronson Title: Attorney -in -Fact (SEAL) REV 1=D/07 Section 00410 Page 3 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Richard G. DICCIANI, Darella E. WHITE, D R rd A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen M ` ancy K. WALLACE, all of Philadelphia, Pennsylvania, EACH its true o n A make, execute, seal and deliver, for, and on its behalf as surety, a s� e . and undertakings, and the execution of such bonds or undertakings in p pre a� H. ing upon said Company, as fully and amply, to all intents and purpose ha b n %d y t o led ed b the regularly elected officers of the Company at g Y g Y P Y its office in Baltimo , In sons. This power of attorney revokes that issued on behalf of Richard G. DICCIANI, DarellaD WHEELER, Richard A. JACOBUS, Mary C. O'LEARY, Sandra E. BRONSON, Maureen E. MCNEI e G. MCVAUGH, Nancy K. WALLACE, dated June 13, 2006. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of}Ar icle VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of June, A.D. 2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gy'D UPpsi f ti iQ O W S 4 h+n By: d Gregory E. Murray Assistant Secretary M. P. Hammond Vice President State of Maryland 1 ss: City of Baltimore f this?i , day of June, A.D. 2006; before the subscriber, a Notary Public of the State of Maryland, duly comm�ssioned`and qualified, came M. P. HAMMOND, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY'AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described fu and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by m`e,duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Sea] of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] the day and year first above written. i ..... . . '/���f11t1111�1```` D. . Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 156-0735 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 0 - ` day of / " `' 4(� a"',, a 0 � Assistant Secretary FIDELITY AND DEPOSIT COMPANY OF MARYLAND 3910 KESWICK ROAD, BALTIMORE, MD 21211-2226 Statement of Financial Condition As Of December 31, 2008 ASSETS Bonds............................................................................................................................................... $ 148,252,979 Stocks............................................................................................................................................... 23,313,771 Cashand Short Term Investments................................................................................................... 7,904,491 ReinsuranceRecoverable................................................................................................................. 5,939,089 Other Accounts Receivable ................... ......... ... ................................................................................ 38,307,386 TOTAL ADMITTED ASSETS........................................................................................................ $ 223,717,718 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses.....................................................:................................................ $ 597,566 Ceded Reinsurance Premiums Payable............................................................................................ 38,399,492 Securities Lending Collateral Liability.................................................................. .. 6,094,921 ........................ TOTALLIABILITIES.................................................................................................................... $ 45,091,979 Capital Stock, Paid Up........................................................................................ $ 5,000,000 Surplus................................................................................................................ 173,625,739 Surplus as regards Policyholders...................................................................................................... 178,625,738 TOTAL....................................................................................................................................... $ 223,717,718 Securities carried at $38,306,550 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2008 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $216,398,425 and surplus as regards policyholders $171,306,445. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2008. orporate Secretary State of Illimos City of Schaumburg SS: Subscribed and sworn to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 14th day of}March, 2009. 14 Notary Public ir�+•JV �NvV�/<s�hJ� Vv G� =c•• a � iti9ARL0 G. 5,t.RA.;)`/N ` �0MCIALi h,{COMIII.ISMNEXPJIES 7r� FA` �° �,IOVEIIMER 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 May 16, 2010 Concrete Works of Colorado, Inc. 1260 Rock Creek Circle Lafayette, CO 80026 RE: 7129 College/Willox Roadway Improvement Thank you for submitting a bid to the City of Fort, Collins for 7129 College/Willox Roadway Improvement. 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, m s O'Neill II, CPPO, FNIGP ctor of Purchasing and Risk Management Enclosures: Bid Bond JBO:mar SECTION 00410 BID BOND KNOW ALL Met£ &Jo TURSF. PRF.SFNTS: that tap. the undersigned Concrete Works of Colorado, Inc. Hart or Fire Insurance Company as Principal, an as surety, ae nereUy .neid and fir_oly bound unto the City of sort Collins, Colorado, as OWNER, in the sum of $_Fivepercent(5%joftotal bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, s*�ccessors, and assigns. 'HE CONDITION Of this obligation is sacra that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and :ereny made a part hereof to enLer into a Construc_ion Agreement for the construction of fort Collins Project, 7129 College/Willox Roadway Improvements Project NOW THEREFORE, (a) If said Sid 'shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract .-n the form of Contract attached hereto (properly completed in accordance 0ith said Bid) and shay_ furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or fuznishinq materials in connection therewith, and shall in all other respects perzorm the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no evert, exceed the penal amount of this obligatio as herein stated. The Surety, for value received, hereby stipulates and agrees that the obl Jigations of sEt44d Surety and its BOND shall be in no way impaired or affected by any e$tension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of ary sich extension. Surety Companies Axecuting bonds must be authorized to transact business in the state of Colorsdo and be accepted by the OWNER. Rev10l20/07 Section 00400 Page I TN WT_"'NESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 19th day of April 2010 , and such of them as are corporations have caused their corporate seals to be '_ereto affixed and these presents to be shgned by their proper officers, the day and year first set forth above. PRINCI ]PAL SURETY Name; Concrete Works of Colorado, Inc. Hartford Fire Insurance Compan Address: 1260 Rock Creek Circle Lafayette, CO 80026 By: e A- -ex FI ehc her T i t I e: C_o r.-b­a_� AT TEST: Rev t 0/20!07 Hartford Plaza Hartford, CT 06115 By:fl Title: — `` - Brandi Tetleyey-in-Fact r . ;., Section 00400 Page 2 Direct Inquiries/Claims to: HART POWER OF ATTORNEY P.O.B X" o ONOD,SFORDYLUM ENUE HARTFORD, CONNECTICUT 06115 call. 888-266-3488 or fax. 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-340869, 34-342316, 34-341738, 34-343634 XO Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. Katherine E. Dill, K'Anne E. Vogel, Loree Vanderhye, Melanie Lathouwers, Russell D. Lear, Brandi Tetley, Chris Richmond, Russell Michels, Darlene Krings, Diane Clementson, Kelly T. Urwiller, Jennifer Winter of Denver, Fort Collins & Greeley, CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. •1rttW �est+ean �t ��Ittrz_�J iiiep a►AMr 9 .:���/�.,�.ftel -uea a� �01104jA 1,40, � • �f01M' 3 7� 4 '�._• .ram �E �+.. ��� fi ���,5`� I979 • �:,a :�;r1� 'q�1N IF "�1♦� • �"•`.'x u�o,5 rinrrf ��i.��.. Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD I On this 3r' day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. M. Ross Fisher, Assistant Vice President f f Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of /fin,— j j j 11 � `20IQ Signed and sealed at the City of Hartford. " `i Ty I" �M�•Y►i j1 ��lt rti d d` �r � ...•"` � •� 1967 .r E �Q�� rr o.rr.ravr, • •••NNI► is p a iw r { t 'sident V SECTION 00410 BID BOND KNOW ALL MEN BY TIES PRE ENT ��t,„ we�{ %e undersigned Connell Resources, Inc. as Principal, edP�T � i!%yrehki4lib�aH�Qd 28c9firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $Five percent (5%) of total bidfor 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, 7129 College/Willox Roadway Improvements Project. 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 voids 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. Rev IMAW Section 00410_ Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands. and seals this 19th day of April , 2010, 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 Name: Connell Resources, Inc. Travelers Casualty and Surety Company of America Address: 7785 Highland Meadows Parkway, One Tower Square Suite100, Fort Collins, CO 80524 Hartford, CT 06183 By: V. By: 4- _C u c --bvvl Title: Will m S Ardm-qm, Viae Pre5O8 t Title: Diane F. Clementson, Attorney -in -Fact ATTEST: �/ n By: 'l. l _ 9-jer-i C Wp1ch, Shy (SEAL) (SEAL) �►�=� �porate o . . G •dO • .. % ••� �. % �. Rev IO2M Section 00410 Page 3 D WITHOUT THE RED BORDER AIM POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 221437 Certificate No. 0 0 3 2 2 2 516 KNOW ALL MEN BY THESE PRESENTS: 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 Donald B. Martin, Darlene Krings, William C. Bensler, Kelly T. Urwiller, Diane F. Clementson, Valerie R. Coffin, Anthony P. Stimac, Royal R. Lovell, Jennifer Winter, Russell D. Lear, Katherine E. Dill, Brandi J. Tetley, and K'Anne E. Vogel of the City of Greeley , 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. {t 1 Oth IN WITNESS WHEREOF, the Companies have caused this instrument,t6be signed and theincorporate seals to be hereto affixed, this day of September 2009�' £ <c. Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty jnsurance`Coinpanyy Travelers Casualty and Surety Company Fidelity and Guaranty Insui ance�Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G I.SU^� pyn••t yp\RE a ��W..�MSG C2 �)AL C7y' � '�A r�ipP FON��fi :y mar 1951 NtiGr ?�SE AL,io"3 State of Connecticut City of Hartford ss. On this the 10th day of September 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., 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. p.T117 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. pllBL1�+ Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY 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., 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., 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 Fidelityand Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which'is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand andvaffixed the -seals of sai&Companies this 19th day of Apr11 , 2010 „� •yY1, TM Y �t y � �� 1�, Kori M. Johans Assistant Secretary �SU F�pE 6 �N �M 1NSU ltY Ah Y �C A�jL � � Q�\..-.... .SG9 JP+........;P9,1, yJP Gs` ,C!'a-"'�l• (1`W' z��! 1)9S� �`•SEALjo! i�:. CONN oA� VO 7• „SEAL'! y ys comod.......... ' J v:•.... •aa r a /� �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 Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. City of H 0 F6rt Cowins. IVA May 16, 2010 Lawson Construction Company, Inc. 20 South Sunset Street Longmont, CO 80502 RE: 7129 College/Willox Roadway Improvement 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 submitting a bid to the City of Fort Collins for 7129 College/Willox Roadway Improvement. 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, V B. O'Neill II, CPPO, FNIGP of Purchasing and Risk Management Enclosures: Bid Bond JBO:mar SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Lawson Construction Company, 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. •Western Surety Company 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, 7129 College/Willox Roadway Improvements Project. 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, land 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. Rev 10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 19th day of April , 2010 , 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:— Lawson Construction Company, Inc. Address : 20 S. Sunset Street Longmont, CO 80502 By. Titl ✓ By: C -ASTR gyp? GO FM p�,p O 1989 �a SURETY Western Surety Company P. O. Box 5077 Sioux Falls, SD - 077 By: Title: Attorney -in -Fact, Kristin L. Tennien (SEAL) f ` Rev10/20107 Section 00410 Page 3 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 Douglas C Baesler, Joan C Armstrong, James Bell, Kristin L Tennien, Individually of Denver, 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 5th day of August, 2009. 0"URETy, WESTERN SURETY COMPANY S 0. Paul VrBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 5th day of August, 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 + + f D. KRELL ; November 30, 2012 j st AL NOTARY PUBLIC SEAL i s SOUTH DAKOTA i +rtititirtititititititiati..titi�stiti�ti + �CERT] I, L. Nelson, Assistant Secretary of WESTERN SURETY_COMPAN force, and further certify that the By -Law of the cork my name and affixed the seal of the said corporation tli Ila k'44j, D. Krell, No i Public certify that the Power of Attorney hereinabove set forth is still in f is still in force. In testimony whereof I have hereunto subscribed r_1 -yb+"VRETYe, .�W,WESTERN SURETY COMPANY QYopPOgq���;�_,' �!„�ti,EAVf�P Jv e'.wyOvrN pPNO Form F4280-09-06 L. Nelson, Assistant Secretary