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HomeMy WebLinkAboutCORRESPONDENCE - BID - 7125 WATERS WAY NEIGHBORHOOD PARK (4)City of F6rt Collins July 31, 2010 Clark Construction Co. Inc. 2956 Ginnala Drive Loveland, CO 80538 RE: 7125 Water's Way Neighborhood Park 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 7125 Water's Way Neighborhood Park. 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. 6p�- James B. O'Neill II, CPPO, FNIGP r� Director of Purchasing and Risk Management Enclosures: Bid Bond JBO:mar I SEC CLARK CONSTRUCTION Ka10W ALL MIE1Y undt�rsiqne�-, CO.., INC., i9ftE WVkANI 0 ;N Y - _�t aG ncipal, and as su-retyf ar�-- n�; epy ne a and, i rff btaunc --into Uhe 3C y' .!:of .:port. Fort. Collins, CoLarado, as ()WN`E--,. n �Vlri Of _*See below* tt fc�r t 17y - u- Yment of which, ,i-ell and truly to, be ti-a here* joint-1y and .;.'et eE1'a bind ourselv-2s, successors, and assigns. *Five Percent (5%) of the Total Amount of the Bid* THE COIDITION: of this.. phligation 15 sur-,h that Liherea5 r-he T-rincipal as Submitted, to th -m City co Fort Coll 'ns, Colorado zicoip.panying Bid a n,,i hei�ebq rna,&e a 'dart hereof t p enr e. in -to a :Car5tructdon Agree,-nent for consructian of vort Collins Prrdect,, 7122', Water's Wav 1'Ieiqhbarhood r-jark. NOW THEREFORE (a) if said Bid sh-=1 I be rejected, of Ibi If s :'d, Da: I ZE. r, a L i -ha-' 1 be ac(--c-rited crud. the- -.ice Zlh a I e an� d;-13 a Co-ntract in the for,-n of Con -tract at.t.ar-hed hereto (p-rprierly: com lezed i accordamc-- -with said. Bid� : sand shali. furnish ,a BotjD fjor: his. ta" Z-U.. I performiance ol sai Cl contract., anti, 47or Lavment ot a 111: De is r.T-. 1 lal s :i t' e-e-wl�h and. Fha-11 or fuln-ishing niater -n connection h. a L- other xes*ect peir-form the=4g reemient created' b y the. accfeptan.Ge df s,a shall reina Bid., the.n- this obligation shall be �-oid, 0"L her,.Nd5�z the� sanle in fcrce =nd uf I e r-- t it beina Pxr)-r re;ed -[-Iat .1 - =�.Sy unf , ti s rl-s, t o dd �aa liabilit-V of. t he Sure, ty for arly and all Claims ne-reunder. haul, n no event,_ ��xceed tie penal amount of th-l' s ablicatian as herej A st-at,ecl-, The �un, ety,for V-a- lue reedv=d., ri6Lv stindiatez and a4,rees tb t, t itob-1-igat-ions of said_ 5t;retl anal 4 t OM ED shall 3-he in n nd w11 a 111pal i red b- affected by, any ex t e n s iio n �o ff the tire s, vl- c h, i n. wr h i c I i the M-T E R, y' accept s uc h B "' d; end said.Si.1rety L.'(oe-q hereby w ali v, e holtice of any such e.,w.tens1o.*V. � sux---Zv CmaU o nies exec tinq bondis must be authorized to tXanisact busiriess �in t the State. of Colorado ancl be a,::cepted by the 011,4JER. Rev. 10120/07 Section 00410 Palg.e 2 1N i,!ITMESS% 51'- REOF, thPrincipa-I a ma t hie sur.ety eir hEmd,� acnd sd.nl:s�th.is 6th dav' of .Aril corpor t, s zi Is a `=ix.ed and a. lorls 1--A.Ve cofrorate be here-c pxes2btzi ..ro be aig.ned b, the-Ir proper aff.lc,�srs, t I a ZmAl ye a r irs t S= L � J'orzh abave. PmNcfPAL SURETY P I T 0 P MY L-�T7,e:CLARK CONSTRUCTION CO., INC. Jff&S.TERN- NAURANCE, r M A 675 W Moana Lane, 020�O ,.-,.drez3s':2956 Ginnala Drive Lovelaxid. CO 80538- Iq 9 -CS :. ly: Byt David J. Clark Grego ett3I"rl�', PresidentTitle, xy-T�; Mf ATTEST ­Mi&irel�-B. Clark Secr etary„ I EAU Rev 10120107 Section 0410 Page 3 WESTERN INSURANCE COMPANY POWER OF ATTORNEY `� ` 1 .1 5 5 KNOW ALL MEN BY THESE -PRESENTS: Thaf WESTERN INSURANCE COMPANY, a corporation organized `and existing uoder.the laws of the State of -Nevada and having its principal office.at the Ciiy of Reno, in the State of Nevada, does hereby constituteand appoint Gregory°.Hettinger Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact; each in their separate capacity if more than one is named above, to sign its name as surety to, and to.execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companyiin its 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 said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and,Secretary, this 19th day of June,2006, • WESTERN•INSURANCE COMPANY •o.,.o,,�• (Signed) By "'. _C ?; SEAL President, (Signed) By f -+ t . ty STATE OF NEVADA) Secretary t.tt r h, .. -- SS: COUNTY OF WASHOE) . - • .. .. S. tea` it S, -On this 19" day of June, 2006, before me personally; came DICK L. ROTTMAN, PRESIDENT of the WES7ER111 INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY ofosaid *, with both of whom lam personally acquainted, who being by me severally duly sworn, said, that they, the sai. ROTTMANand CAROL B. INGALLS wer"e- respectively the PRESIDENT and the SECRETARY of the said WTSURA COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they e4 he seal of oration;,that the seal affixed to said Power of Attorney was such corporate seal, that it was so aff hyo er,ofthe irectors o aid. corporation,. and that they signed their_names thereto by.like order as PRESIDENT�Q�RETARY ely, of th y. My Commission expires the 3ls`ii2IDR7iarch, 201 o��:r' .................... ...................., PATRICIA A. LETSON 'Nolan Public-Siaia oIN Atl y *' q,,,,,„, R; . • to A. Letson Notary Public ' .............................................. This Power of Attorney is grante�tTaTid by authority of the following Resolutions adopted by the Board of Directors' of the WESTERN INSURANCE COMPA n June 19, 2006:- ; RESOLVED, that in -connection with the fidelity and'surety insurance business ofthe.Company, all bonds, undertakings, contracts and other instruments. relating to said business maybe signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power.or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company„either by the Chairman, or the President, or a Vice President; jointly with the Secretary, undertheirrespective designations' esignations ",The signature of such officers may he engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attonteyor to any certificate relating thereto appointing Attomey(s)-in-Fact forpurposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, 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 upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to, execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings; and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall beds binding upon the Company as if signed byan Executive Officer and' sealed and attested to by the Secretary of the Company. 1, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY 'do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company. as -adopted by.its Board of Directors on June 19;'2006 and that this Resolution is in full force and effect ii}if•., I the,undgsignedSecretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in i'uL-f6ice and 'effectland has not been revoked. �It) Testimony Whereof 7 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 6.th-„,dayaf"'�004t'1#pril , 2010. n �t�� 'JA i_ G COSE Secretary �y ; s_ i City of F6rt Collins July31, 2010 W.J Shirley, Inc. 11075 Maple Road Lafayette, CO 80026 RE: 7125 Water's Way Neighborhood Park 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 7125 Water's Way Neighborhood Park. 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. Si relis, tL L- James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Enclosures: Bid Bond JBO:mar SECTION 00410 * ULLICO Casualty Company BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned W.J. Shirley, 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 (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 Const_uction Agreement for the construction of Fort Collins Project, 7125 Water's Way Neighborhood Park. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principa_ 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 cf 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_ ThP 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. Rev10/2oto7 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 7th day of April 1 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; W.J. Shirley, Inc. Address : 11075 Maple Road LaFayette, CO, 80026 By Title: ATTEST: By:, .(. (SEAL)/. SURETY ULLICO Casualty Company 2600 West Olive Ave., 5th Floor Burbank, CA 91505 B y : Matthew J. Qpffs Title: Attorney in Fact (SEAL) Rev10/20107 Section 00410 Page 3 CI�LI F®RNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On APR 0 7 2010 before me, Adelaide C. Hunter, Notary Public (insert name:rnd title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his "ien'their authorized capacity(ies), and that by his "-rrtcn their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ &��_ — '• ADELADC#UN sionCommis1808793 Notary Public - California Orange County y Comm. Expires Aug 8, 2012 Pluiliclo ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Linda D. Coals , Matthew J. Coats , Douglas A. Rapp , & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHF�J2�OF, ULLICO SUAL Y COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 7`TN day of I oe re 20 /0 ualf G.•aP0 O:pO R9m o V� SEyA(Lr .:.b � SIDENT � � �ti 1'S i J 1r r • � .ti i ' . r ' i^"?�AWDaniel Aronowitz A, ''y4 \ President ULLICO Casualty Company, a Delaware Corporation. Gtil thin bth day:of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly s�vom said hat he;is= he then h'described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Cdrporate;seal of said' onipany that the said Corporate Seal and his signature were duly affixed. l? E...(. t f7 Ir Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE 1, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 161h day of July 2009 are true and correct and are still in full force and effect I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16" day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company