HomeMy WebLinkAbout20053397.tiff AGREEMENT
Bridge Rehabilitations
THIS AGREEMENT,made this day of ,20
by and between Weld County,Colorado,hereinafter called"Owner" and
J-2 Contracting Company with an office located at 450 E. 16th Street, Greeley, CO. 80631 doing
business as(an individual,) or (a partnership,) or (a corporation)hereinafter called"Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: Bridge Rehabilitations described in the
Invitation for Bids,Bid No.B0500267
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services
necessary for the construction and completion of the Project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar
days after the date of the Notice to Proceed and will complete the Bridge Rehabilitations within 131
calendar days unless the period for completion is extended otherwise by the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with
the terms therein for the sum of$ 168,048.00 ,or as shown in the Bid Schedule.
5. The term"Contract Documents"means and includes the following:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Statement of Qualifications and Subcontractors
(F) Required Project Forms
(G) Agreement
(H) Labor and Materials Payment Bond
(I) Performance Bond
(J) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Certificate of Substantial Completion
(N) Lien Waiver
(O) Notice of Acceptance
(P) Specifications prepared or issued by the Weld County Public Works Department.
(Q) Colorado Department ofTransportation"Standard Specifications for Road and Bridge
Construction"
(R) Colorado Department of Transportation Standard Plans"M&S Standards"
(S) Addenda:
No. , dated ,20
No. , dated ,20
6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract
Documents,or otherwise agreed upon in writing.
Page 24
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7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators,successors,and assigns.
8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated
for this Contract is equal to or in excess of the Contract amount. No change order to this Contract
requiring additional compensable work to be performed, which work causes the aggregate amount
payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by
the Owner unless the Owner assures the Contractor,in writing,that lawful appropriations to cover the
costs of the additional work has been made or unless such work is covered under a remedy-granting
provision contained in the Contract.
IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized
officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written.
ORDERED BY: ACCEPTED BY:
THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR
G /�BY I/� "w/ BY L �-Oll/,r2,0GTZ/16
NAME William H.Jerke NAME (2N/LSS 2-604-/6
(Please Type)
TITLE Chair TITLE (/LC6 fifls/{ti%
Date N0V 2 1 2005 ADDRESS 9192 Ciesr /ern Sr.
(>2 LE7. ( 7 c"263/
Il6t y iv ---11
(SEAL) ®„o�•y (SEAL)
•
aidmATTEST: av ATTEST:
Weld County Clerk to the Board J' 3v1 IL( �°{
Y d jjj t:
BY A 4 4:14 �"Gt BY NAncy Le)
eputyj rk to the Board ' (Please Type)
v
TITLE
Page 25
C'c�.�. S327
THE AMERICAN INSTITUTE OF ARCHITECTS
4,1144
Bond No.882283P
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business):
J-2 Contracting Company Developers Surety and Indemnity Company
450 E. 16th Street P. O. Box 19725
Greeley, CO 80631 Irvine, CA 92623
OWNER (Name and Address):
Weld County, Colorado
P.O. Box 758, 1111 H Street
Greeley, CO 80632
CONSTRUCTION CONTRACT
Date:
Amount: ($ 168,048.00 ) One Hundred Sixty Eight Thousand Forty Eight Dollars and 00/100
Description (Name and Location): Bridge Rehabilitations, Bid Request No. B0500267
BOND
Date (Not earlier than Construction Contract Date):
Amount: ($168,048.00 ) One Hundred Sixty Eight Thousand Forty Eight Dollars and 00/100
Modifications to this Bond: ED None ❑ See Page 3
CONTRACTOR AS PRINCIPA SURETY
Company: ��(Corporate Seal) Company: (Corporate Seal)
J-2 Contracting, Y✓'��p Developer Surrety and em I Comp ny
Signature: Signature: ■J t i
Name and e: e 5 1 c, 'f Name and Title: Sus J. Lattarulo
Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
HRH of Colorado other party):
720 S. Colorado Boulevard
Denver, CO 80246
302-722-0811
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 A312-1984 1
THIRD PRINTING•MARCH 1987
1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter-
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as 5 if the Surety does not proceed as provided in Paragraph
provided in Subparagraph 3.1. 4 with reasonable promptness,the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
3.1 Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any
Surety The at its address describednotified
ie ContrParagactor
h 10 below remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4,and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be
conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right
lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above.
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the
any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the
formally terminated the right to complete Owner under the Construction Contract.To the limit of the
the contract. SuchtheContractor's r not be de- amount of this Bond, but subject to commitment by the
ond aaier than twenty Contractor dayr Default
after the shallCon not
ber and Owner of the Balance of the Contract Price to mitigation of
the Surety have received notice as provided in Sub- ty is costs and damages oo the Construction aion Contract,the Sure
paragraph 3.1; and ty obligated without duplication for:
3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor tion Contract;
selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner, costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam-
ages caused
Owner, to perform and complete the Construction mance of th ofdelayed performance or non-perfor-
Owner, Contractor.
Contract; or
4.2 Undertake to perform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre-
8 The Surety hereby waives notice of any change, includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontracts, purchaseob
liga-
with performance and payment bonds executed by a orders and other obl;g
qualified surety equivalent to the bonds issued on the lions.
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc
curs first. If the provisions of this Paragraph are void or
.1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AlA :3
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 2
THIRD PRINTING•MARCH 1987
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on
nature page. behalf of the Contractor under the Construction Con-
tract.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where 12.2 Construction Contract:The agreement between
the construction was to be performed,any provision in this the Owner and the Contractor Contract or Documents the and
Bond conflicting with said statutory or legal requirement nature page, including all and
changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con-
payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adjustments perform and complete or comply with the other terms
have been made, including allowance to the Con-
MODIFICATIONS thereof.
TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA .>9
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.,WASHINGTON, D.C. 20006 A312-1984 3
THIRD PRINTING •MARCH 1987
• THE AMERICAN INSTITUTE OF ARCHITECTS
l
Bond No. 882283P
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
J-2 Contracting Company Developers Surety and Indemnity Company
450 E. 16th Street P. O. Box 19725
Greeley, CO 80631 Irvine, CA 92623
OWNER (Name and Address):
Weld County, Colorado
P.O. Box 758, 1111 H Street
Greeley, CO 80632
CONSTRUCTION CONTRACT
Date:
Amount: ($168,048.00 ) One Hundred Sixty Eight Thousand Forty Eight Dollars and 00/100
Description (Name and Location): Bridge Rehabilitations, Bid Request No. B0500267
BOND
Date (Not earlier than Construction Contract Date):
Amount: ($ 168,048.00 ) One Hundred Sixty Eight Thousand Forty Eight Dollars and 00/100
Modifications to this Bond: ID None D See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
J-2 Contracting C Developers Surety and I e ni Comp y
Signature: �":�'� Signature: �y\ �
Name and Title: L'f//z5- La / VA Name and Title: Susa Cl Lattarulo
Attorney-in-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
HRH of Colorado other party):
720 S. Colorado Boulevard
Denver, CO 80246
302-722-0811
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312.1984 4
THIRD PRINTING•MARCH 1987
•
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
6.1 Send an answer to the Claimant, with a copy to
rated herein by reference. the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly, amounts.
for all sums due Claimants, and
7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor-
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work.
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat-
under this Bond until: ed to the Construction Contract.The Owner shall not be
liable for payment of any costs or expenses of any Claim-
4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli-
contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or
Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by
substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2) on which the last
and the name of the party to whom the labor or service was performed by anyone or the last mate-
materials were furnished or supplied or for vials or equipment were furnished by anyone under the Con-
whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the
2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12)and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor. the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con-
Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall
cient compliance. be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIAs
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE..N W..WASHINGTON,DC.20006 A312.1984 5
THIRD PRINTING •MARCH 1987
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
14 Uponrequesibyanypersonorentityappearingtobea
potential beneficiary of this Bond, the Contractor shall a oher itemsi the fo which a mechanic's the l s lien may be
promptly furnish a copy of this Bond or shall permit a copy or qui m the jurisdictionfrn where the labor, materials
to be made. or equipment were furnished.
15 DEFINITIONS 15.2 Construction Contract:The agreement between
the Owner and the Contractor identified on the sig-
15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has
ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
tion in the terms "labor, materials or equipment"that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA b
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 20006 A312-1984 6
THIRD PRINTING•MARCH 1987
UN@
IfISCSj
G� oU �
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$100 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond,or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200
Irvine,CA 92614
(949)263 3300
www.InscoDico.com
ID-1496(Rev.5/03)
•
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***James S. Rosulek, J.R. Richards, Douglas J. Rothey, Cynthia M. Burnett, Florietta Acosta, Donald E.
Appleby, Gloria C. Blackburn, Dilynn Guern, Pamela J. Hansen, Kristen L. McCormick, Kevin W. McMahon,
Frank C. Penn, Susan J. Lattarulo, jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact MI power and authority to do and to perform every act necessary,requisite or proper
to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations MI power of substitution and revocation,and
all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts
of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such
Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February,2005.: Cialdr":3)---By David H.Rhodes,Executive Vice-President 9,Q.��`I AND jHOe,% GO�,pAN Y 0A,„
//�A� i y} ci
t 14" co
D/t4TVI N ~� G0 ORArtn !
����11.i'�� " 1/y �� a s s OCT. n 2 - O 96 5 n
ei 10 end 1967 a
By Walter A.Crowell,Secretary °‘14)%12W�'s3p ,,.../b` Oy c't/FOIW -L
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
On February 1,2005,before me,Nita O Hiffmeyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved
to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
I NITA O.HIFFMEYER
`� COMM.f 1543481
"eiti .Z ' MORI PUBLIC CAURA IA
Signature /14147,/,‘J
� �� 4 �''?•r� ORANGE COUNTY
TiV — Mymam.spia,W.10,2309,
CERTIFICATE �1
The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is
is executed in the City of Irvine,California,the day of .
By C3-14 � '
ryn
David L.Kerrigan,Executive Vice-President
ID-1380(Rev.2/05)
Client#: 8446 J2CONTR
AdORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY)
11/11/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
720 S.Colorado Blvd Ste 600-N HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 469025
Denver,CO 80246-9025 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Lexington Insurance Co. 19437
J-2 Contracting Company INSURER B: Safeco(Insurance) 24740
929 38th Avenue Ct.,#106 INSURER C: Ohio Casualty Insurance Company 24074
Greeley, CO 80634 INSURER D: Pinnacol Assurance 10780
INSURER E: Fireman's Fund Insurance Company 21873
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MISR AMYL POLICY EFFECTIVE POUCY EXPIRATION
LTR NSRC TYPE OF WSURANCE POLICY NUMBER DATE IMWDO/YYI DATE(MWDD/YY) LIMITS
A GENERAL LIABIUTY 2499790 01/02/05 01/02/06 EACH OCCURRENCE 11,000,000
X COMMERCIAL GENERAL LIABILITY PRFMISES((EaEaNptuwrenrel $50,000
CLAIMS MADE n OCCUR MED EXP(Any one person)- $
X BUPD Ded:10000 PERSONAL&ADV INJURY $1,000,000
LX0889(01195) Add'1 Ins Form GENERAL AGGREGATE ;2,000,000
GEN'L AGGREGATE�� LIMIT APPLIES PER PRODUCTS•COMP/OP AGG $1,000,000
—I POLICY I M IFRC Fl LOC
B AUTOMOBILEUABILTY 02CE09564402 01/18/05 01/18/06 COMBINED SINGLELFAR
X ANY AUTO (Es accident) $1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per pence)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
X Comp/500 Ded
PROPERTY DAMAGE $
X Coll/500 Ded (PeracadanU
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
C EXCESS/UMBRELLALIABIUTY EUO52939671 01/02/05 01/02/06 EACH OCCURRENCE 31,000,000
OCCUR Fl CLAIMS MADE AGGREGATE $1,000,000
$
DEDUCTIBLE $
X RETENTION $10,000 $
D WORKERS COMPENSATION AND 3114522 10/01/05 10/01/06 X I WCSORVTATW I IoTR-
T LIMRS FR
EMPLOYERS'UABIUTY E.L.EACH ACCIDENT $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERJMEMBER EXCLUDED? E.L.DISEASE•EA EMPLOYEE$1,000,000 _
If yes, nder
SPECIAL
IAL PROVISIONS below E.L.DISEASE.POLICY LIMIT ;1,000,000
E OTHER Leased/ MZ198472011 12/02/04 12/02/05 $200,000 Specal Form
Rented Equipment $1000 Deductible
Owned Equipment $645,424 Special Form
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project: Bridge Rehabilitations
Project Number: B0500267
The following are Additional Insureds as respects General Liability only
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Weld County DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL +sn DAYS WRITTEN
P.O. Box 758, 1111 H Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Greeley,CO 80632 IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUlTH IZED REPRES9TAAT1VVEAA
A W��
ACORD 25(2001/08) 1 of 3 #S2723311M267281 LGB a ACORD CORPORATION 1988
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(2001/08) 2 of 3 #5272331/M267281
DESCRIPTIONS (Continued from Page 1)
if required by written contract and coverage applies only as respects
work performed by the Insured for the Additional Insureds.
All coverage terms,conditions and exclusions of the policy apply.
Additional insureds:Weld County,CO
The Additional Insured endorsement which Is referenced above under"Type
of Insurance-General Liability"is attached.
*The following cancellation conditions always apply:
-10 days for non-payment of premium
-If policy shown, 10 days for Workers'Compensation for fraud;
material misrepresentation; non-payment of premium;other reasons
approved by the Commissioner of Insurance
AMS 25.3(2001/08) 3 of 3 #S2723311M267281
ENDORSEMENT
This endorsement, effective 12:01 AM .01/02/05.
Forms a part of policy no.: 2499790
Issued to: J-2 CONTRACTING COMPANY
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
•
Name of Person or Organization:
BLANKET AS REQUIRED BY CONTRACT
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for.you.
IT IS AGREED THAT THIS POLICY IS PRIMARY AS RESPECTS ANY INSURANCE MAINTAINED BY THE
ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS
AND NON-CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED.
IT IS AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN
NOTICE OF CANCELLATION TO THE INSURED IN EVENT OF CANCELLATION OR MATERIAL REDUCTION IN
COVERAGE.
•
•
•
(�1 •
Lam,vo
AuttYorized Representative OR
Countersignature lin states where applicable)
LX0869 IEd. 01/95)
INSURED'S COPY
MEMORANDUM
"DC
TO: Clerk to the Board DATE: November 15, 2005
COLORADO
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Chair's Signature Requested
Enclosed are THREE original Agreements with J-2 Contracting Company for the Bridge
Rehabilitation bid described in the Invitation for Bids, Bid No. B0500267.
Please return TWO original Agreements to Public Works as soon as the Chair has signed
them.
Also included for recording is the Performance Bond and certificate of Liability of Insurance on J-2
Contracting Company.
Enclosures
pc: Cameron Parrott, Project Manager
M:AFrancieAChair Signature.doc
C(inCevtiAcpyia_. : �C� L�du(l ) 2005-3397
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