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HomeMy WebLinkAbout992656.tiff AGREEMENT THIS AGREEMENT, made this 19th day of October [999, by and between THE BOAP_) OF WELD COUNTY COMMISSIONERS, and WALSH CONSTRUCTION, INC. doing business as WALSH CONSTRUCTION, INC. hereinafter called "contractor" . WI'TNESSETH: That for and in consideration of the paymen' s and agreements hereinafter mentioned: 1 . The contractor w-ill continence and complete the phased con tihction cl- REHABILITATION OF BRIDGE ABUTMEN'T'S 2 . The contractor shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The contractor shall commence the work required by the Contract Documents in accordance with the date scatec to the Specia .. Conditions and shall complete the work within the fitie stated in tfe Special Conditions unless the period for completion is extendem-.i otherwise by the Contract Documents . 4 . The contractor agrees to perform all of the work described in t[.c. Contract Documents and comply with the terms of therein for the sun of: TWO HUNDREED FORTY-SEVEN THOUSAND, SEVEN HUNDRED ELEVEN DOLLARS AND NO/100 ($247, 711 .(701 for the project. : REHABILITATION OF BRIDGE ABUTMENTS 5. The term "Contract Documents" means and includes phc following: (A) Advertisement (B) Information for Bidders (C) Non-Collusion Statement (D) Bid (H) Rid Schedule (F) Bid Bond (0) :Payer' s Request for Taxpayer Identification Number (Form W-9) (H) Notice of Award (I) Acceptance of Notice (J) Agreement (K) Performance Bond (L) Payment Bond (M) Notice to Proceed (N) Change Order (0) Notice of Contractor' s Settlement (F) Final Receipt and Guarantee (Q) Spec -a] Conditions 15 992656 t G e -war (R) General Conditions (5) Technical Provisions (T) Construction Drawings (U) Addendum No. N/A , dated , 19 No. N/A , dated , 19 6. The County will pay the contractor in the manner and at such time as set forth in the General Conditions such amounts required by the Contracr Documents. 7 . This Agreement shall he binding upon all parties nareto and Julr respective heirs, executors, administrators, successors, and assicns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to he execute° isv their duly authorized official „ this Agreement, each of wo_ch still he (teemed in origina- on the date first written above. BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR BY.C6� [� G` " 4 BY _ — NAME Dale K. Hall. NAME Matthew Wash (Please Type) TITLE Chair iii'OI-g9) TITLE PresiaenL _ ADDRESS 5828 North St. . Louis Ave. Loveland, HO 80338 _ (SEAL) � iC' j� (SEAL; ATTEST: Al a lPoLla� " (T T: c I Weld County C_crk to the !' . ) � -'Izl''9tsr.,, BY S . Shawn Mohler Deputy Clerk to the B• r,� �Flease Type) (��1� / TITLE Office Manager _ 16 [A UNITED STATES FIDELITY AND GUARANTY COMPANY [ ] FIDELITY AND GUARANTY INSURANCE COMPANY [ ] FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. 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 Principle Place of Business): WALSH CONSTRUCTION, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY P.O. BOX 1138 5828 ST. LOUIS AVENUE BALTIMORE, MD 212031138 LOVOVELAND, CO 80538 OWNER(Name and Address): WELD COUNTY PUBLIC WORKS 1111 H. STREET GREELEY,CO 80631 CONSTRUCTION CONTRACT Date: Amount:: )) Description (Name and Location): Works Department Rehabilitation of Bridges — Public BOND 10/1811999 Date (Not earlier than Construction Contract Date): Amount: 247,711.00 Page 3 Modifications to th.s Bond: [ ]None [ 1 See 0 CONTRACTOR AS PRINCIPAL SURETY Company:: (C orporate Seal) Company: ( orporate Seal) UNITED STAT FID GUARANTY WALSH CONSTRUCTION,INC. COMPANY ` •J Signature: �— Signature: `_ Name and Title: (2Ef7Uru - /eta__ ; w' "1 Name and Title: Matthew L.J. Clarke,Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: party): BUSINESS INSURANCE AGENCY, INC. 353 VETERANS MEMORIAL HIGHWAY COMMACK, NY 11725 (516)864-2200 Printed in cooperation with the American Institute of Architects (AIA) by the United States Fidelity and Guaranty Company. The Language in this document conforms exactly to the language used in AIA Document A312, December, 1984 edition,Third Printing, March, 1987 1 Contract: 372(10-92) 1 The Contractor and the Surety,jointly and sever- 4.4 Waive its right to perform and complete, ally, bind themselves their heirs, executors,admini- arrange for completion,or obtain a new contract- strators,successors and assigns to the Owner for tor and with reasonable promptness under the performance of the Construction Contract,which the circumstances: is incorporated herein by reference. .1 After investigation, determine the amount for 2 If the Contractor performs the Construction Con- which it may be liable to the Owner and, as tract,the Surety and the Contractor shall have no as practicable after the amount is determined, obligation under this Bond, except to participate in tender payment therefore to the Owner; or conferences as provided in Subparagraph 3.1. .2 Deny liability in whole or in part and notify the 3 If there is no Owner Default,the Surety's obligation Owner citing reasons therefor. under this Bond shall arise after. 5 If the Surety does not proceed as provided in Para- 3.1 The Owner has notified the Contractor and the graph 4 with reasonable promptness, the Surery shall Surety at Its address described in Paragraph 10 be deemed to be in default on this Bond fifteen days below that the Owner is considering declaring a after receipt of an additional written notice from the Contractor default and has requested and attemp- Owner to the Surety demanding that the Surety per- ted to arrange a conference with the Contractor and form its obligations under this Bond, and the Owner the Surety to be held not later than fifteen days after shall be entitled to enforce any remedy available to receipt of such notice to discuss methods of per- the Owner. If the Surety proceeds as provided in forming the Construction Contract. If the Owner,the Subparagraph4.4,and the Ownerrefuses the payment Contractor and the Surety agree, the Contractor shall tendered or the Surety has denied liability, in whole or be allowed a reascnable time to perform the Con- in part, without further notice the Owner shall be en- struction Contract, but such an agreement shall not titled to enforce any remedy available to the Owner. waive the Owner's right, if any, subsequently to declare Contractor Default; and 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if 3.2 The Owner has declared a Contractor Default and the Surety elects to act under Subparagraph 4.1, formally terminatec the Contractor's right to complete 4.2,or 4.3 above then the responsibilities of the the contract. Such Contractor Default shall not be de- Surety to the Owner shall not be greater than those dared earlier than twenty days after the Contractor and of the Contractor under the Construction Contract, the Surety have received notice as provided in Subpara- and the responsibilities of the Owner to the Surety graph 3.1; and shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.3 The Owner has agreed to pay the Balance of the amount of this Bond, but subject to commitment Contract Price to the Surety In accordance with the terms by the owner of the Balance of the Contract Price of the Construction Contract or to a contractor selected to to mitigation of costs and damages on the Con- perform the Construction Contract in accordance with struction Contract, the Surety is obligated without the terms of the contract with the Owner. duplication for: 4 When the Owner has satisfied the conditions of Para- 6.1 The responsibilities of the Contractor for cor- graph 3,the Surety shall promptly and at the Surety's ex- rection of defective work and completion of the pense take one of the following actions: Construction Contract; 4.1 Arrange for the Contractor,with consent of the 6.2Additional legal, design professional and delay Owner, to perform and complete the Construction Con- costs resulting from the Contractor's Default, and tract;or resulting from the actions or failure to act of the Surety under Paragraph 4; and 4.2 Undertake to perform and complete the Construe -tion Contract itself,through its agents or through 6.3 Liquidated damages, or if no liquidated dam- independent contractors; or ages are specified in the Construction Contract, actual damages caused by delayed performance 4.3 Obtain bids or negotiated proposals from quali- or non-performance of the Contractor. fed contractors acceptable to the Owner for a con- tract for performance and completion of the Con- 7 The Surety shall not be liable to the Owner or struction Contract, arrange for a contract to be pre- others for obligations of the Contractor that are un- pared for execution by the Owner and the contractor related to the Construction Contract, and the Balance selected with the Owner's concurrence,to be secured of the Contract Price shall not be reduced or set off with performance and payment bonds executed by a on account of any such unrelated obligations.No right qualified surety equivalent to the bonds issued on the of action shall accrue on this Bond to any person or Construction Contract, and pay to the Owner the entity other than the Owner or its heirs, executors, amount of damages as described in Paragraph 6 in administrators or successors. excess of the Balance of the Contract Price Incurred by the Owner resulting from the Contractor's default; or 2 8 The Surety hereby waives notice of any change, in- 12 DEFINITIONS cluding changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obli- 12.1 Balance of the Contract Price:The total gations. amount payable by the Owner to the Contrac- tor under the Construction Contract after all proper adjustment have been made, including 9 Any proceeding, legal or equitable, under this Bond allowance to the Contractor of any amounts may be instituted in any court of competent jurisdiction received or to be received by the Owner in in the location in which the work or part of the work is settlement of Insurance or other claims for dam- located and shall be instituted within two years after ages to which the Contractor is entitled, reduced Contractor Default or within two years after the Contrac- by all valid and proper payments made to or on tor ceased working or within two years after the Surety behalf of the Contractor under the Construction refuses or fails to perform its obligations under this Contract. Bond,whichever occurs first. It the provisions of this Paragraph are void or prohibited by law,the minimum 12.2 Construction Contract:The agreement be- period of limitation available to sureties as a defense tween the Owner and the Contractor identified on In the jurisdiction of the suit shall be applicable. the signature page including all Contract Docu- ments and changes thereto. 10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on 12.3 Contractor Default: Failure of the Contractor the signature page. which has neither been remedied nor waived to perform or otherwise to comply with the terms of 11 When this Bond has been furnished to comply with the Construction Contract. a statutory or other legal requirement in the location where the construction was to be performed any provi- 12.4 Owner Default: Failure of the Owner which sion in this Bond conflicting with said statutory or legal has neither been remedied nor waived to pay the requirement shall be deemed deleted herefrom and Contractor as required by the Construction Contract provisions conforming to such statutory or other legal or to perform and complete or comply with the requirement shall be deemed incorporated herein. other terms thereof. The intent is that this 3ond shall be construed as a statutory bond and not as a common law bond. 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: 3 ( ] UNITED STATES FIDELITY AND GUARANTY COMPANY [ ] FIDELITY AND GUARANTY INSURANCE COMPANY [ ] FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. UC098900055 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 Principle Place of Business): WALSH CONSTRUCTION, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY 5828 N. ST. LOUIS AVENUE P.O. BOX 1138 LOVELAND, CO 805311 BALTIMORE, MD 212031138 OWNER(Name and Add-ass): WELD COUNTY PUBLIC WORKS 1111 H.STREET GREELEY, CO 80831 CONSTRUCTION CONTRACT Date: Amount:, 247,711.00 Description (Name and Location): Rehabilitation of Bridges— Public Works Department BOND Date(Not earlier than Construction Contract Date): 10/18/1999 Amount: 247,711.00 Modifications to this Bond: [ ] None [ ] See Page 6 CONTRACTOR AS PRINCIPAL SURETY COMPANY: (Corporate Seal) COMPANY: (Corporate Seal) WALSH CONSTRUCTION,INC. UNITED STAT FI t c LT A D ARA.NTY COMPANY • Signature: __ Signature: Oki Name and Title: fir 9cN' ;ile-rd Name and Title: Matthew L.J. Clarke,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 other party): Printed in cooperation with the American Institute of Architects(AIA)by the United States Fidelity and Guaranty Company. The language in this document conforms exactly to the language used in AIA Document A3'12, December, 1984 edition,Third Printing, March 1987 4 Contract 373(10.02) 1 The Contractor and the Surety,jointly and severally, 5 If a notice required by Paragraph 4 is given by bind themselves their heirs, executors, administrators, the Owner to the Contractor or the the Surety, successors and assigns to the Owner to pay for labor, that is sufficient compliance. materials and equipment furnished for use in the per- formance of the Construction Contract,which is incor- 6 When the Claimant has satisfied the condit- porated herein by reference. ions of Paragraph 4,the Surety shall promptly and at the Surety's expense take the following 2. With respect to the Owner,this obligation shall be actions: null and void if the Contractor: 2.1 Promptly makes payment,directly or indirectly, 6.1 Send an answer to the Claimant,with a for all sums due Claimants, and copy to the Owner,within 45 days after re- ceipt of the claim, stating the amounts that 2.2 Defends, indemnifies and holds harmless the are undisputed and the basis for challenging Owner from claims,demands, liens or suits by any any amounts that are disputed. person or entity whose claim,demand, lien or suit is for the payment for labor, materials or equipment fur- 6.2 Pay or arrange for payment of any undis- and tendered defer se of such claims, demands, liens puted amounts. or suits to the Contractor and the Surety, and provided there is no Owner Default. 7. The Surety's total obligation shall riot exceed the amount of this Bond, and the amount of this 3 With respect to Cla mants, this obligation shall be null Bond shall be credited for any payments made in and void if the Contractor promptly makes payment,dir- good faith by the Surety. ectly or indirectly,for all sums due. 8. Amounts owed by the Owner to the Contrac- 4 The Surety shall have no obligation to Claimants un- tor under the Construction Contract shall be der this Bond until: used for the performance of the Construction Contract and to satisfy claims, if any, under any 4.1 Claimants who are employed by or have a direct Construction Performance Bond. By the Con- contract with the Contractor have given notice to the tractor furnishing and the Owner accepting this Surety '(at the address described in Paragraph 12)and Bond,they agree that all funds earned by the sent a copy, or notice thereof,to the Owner, stating that Contractor in the performance of the Construc- a claim is being made under this Bond and,with sub- tion Contract are didicated to satisfy obligations stantial accuracy, the amount of the claim. of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds 4.2 Claimants who do not have a direct contract with for the completion of the work. the Contractor: .1 Have furnished written notice to the Contractor 9. The Surety shall not be liable to the Owner, and sent a copy, or notice thereof,to the Owner, Claimants or others for obligations of the Con- within 90 days after having last performed labor tractor that are unrelated to the Construction or last furnished materials or equipment includ- Contract. The Owner shall not be liable for pay- ed in the claim stating,with substantial accur- ment of any costs or expenses of any Claimant acy, the amount of the claim and the name of under this Bond, and shall have under this Bond the party to whom the materials were furnished no obligations to make payments to,give notices or supplied or for whom the labor was done or on behalf of,or otherwise have obligations to performed; and Claimants under this Bond. .2 Have either received a rejection in whole or in 10. The Surety hereby waives notice of any change, part from the Contractor,or not received within including changes of time,to the Construction Con- 30 days of furnishing the above notice any com- tract or to related subcontracts, purchase orders and munication from the Contractor by which the other obligations. Contractor has indicated the claim will be paid directly or indirectly; and 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of .3 Not having been paid within the above 30 days, competent jurisdiction in the location in which the have sent a written notice to the Surety (at the work or part of the work is located or after the expir- address described in Paragraph 12)and sent a ation of one year from the date (1)on which the copy,or no':ice thereof,to the Owner, stating that Claimant gave the notice required by Subparagraph a claim is being made under this Bond and en- 4.1 or clause 4.2.3,or(2)on which the last labor or closing a copy of the previous written notice fur- service was performed by anyone or the last labor nished to the Contractor. materials or equipment were furnished by anyone under the Construction Contract,which ever of(1) 5 or(2)first occurs, if the provisions of this Paragraph 15. DEFINITIONS are void or prohibited by law,the minimum period or limitation available to sureties as a defense in the 15.1 Claimant:An individual or entity having a direct jurisdiction of the suit shall be applicable. contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or ment for use in the performance of the Contract. 12 Notice to the Surety,the Owner or the Contractor shall intent of the Bond shall be to include without limita- be mailed or delivered to the address shown on the sig- tion in the terms"labor, materials or equipment"that nature page. Actual receipt of notice by Surety, the Owner part of water, gas, power, light, heat, oil,gasoline, or the Contractor, however accomplished,shall be suf- telephone service or rental equipment used in the ficient compliance as of the date received at the address Construction Contract, architectural and engineering shown on the signature page. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 13 When this Bond has been furnished to comply with a all other items for which a mechanic's lien may be statutory or other legal requirement in the location where asserted in the jurisdiction where the labor, mater- the construction was tc be performed, any provision in ials or equipment were furnished. this Bond conflicting with said statutory or legal require- ment shall be deemed deleted herefrom and provisions 15.2 Construction Contract:The agreement between conforming to such statutory or other legal requirement the Owner and the Contractor identified on the sig- shall be deemed incorporated herein. The intent is that nature page, including all Contract Documents and this Bond shall be construed as a statutory bond and not changes thereto. as a common law boncl. 15.3 Owner Default: Failure of the Owner,which has 14 Upon request by any person or entity appearing to be neither been remedied nor waived,to pay the Cont- a potential beneficiary of this Bond,the Contractor shall ractor as required by the Construction Contract or to promptly furnish a copy of this Bond or shall permit a copy perform and complete or comply with the other to be made.. terms thereof. MODIFICATIONS TO--HIS 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) WALSH CONSTRUC1-ION, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY Signature: Signature: Name and Title: Name and Title: Matthew L.J.Clarke, Attorney-in-Fact Address: 5828 N. ST. LOUIS AVENUE Address: P.O. BOX 1138 LOVELAND,CO 80538 BALTIMORE, MD 212031138 6 United States Fidelity and Guaranty Company Power of Attorney No.UC098900055 _— r' U S F+G' Know all men by these presents:That United States Fidelity and Guaranty Company ,a corporation organized and existing under the laws of the State of Maryland and having its principal office at the city of Baltimore,in the State of Maryland,does hereby constitute and appoint Matthew L. J. Clarke of the City of New York ,State of NY its 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 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 Company in 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 United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its Vice President and Assistant Secretary,this 1fith day of May,A.D. 1997 YA'y0 United States Fidelity and Guaranty Company (Signed) By (Signed) By Assista ecretary State of Maryland) SS: Baltimore City ) On this 16th day of May ,A.D.1997 ,before me personally came Gary A.Wilson,Vice President of United States Fidelity and Guaranty Company and Thomas E.Huibregtse, Assistant Secretary of said Company,with both of whom I am personally acquainted,who being by me severally duly sworn. said,that they the said Gary A. Wilson and Thomas E. Huibregtse were respectivly the Vice President and the Assistant Secretary of the said United States Fidelity and Guaranty Company,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation,that the seal affixed to said Power of Attorney was such corporate seal,that it was so affixed by order of the Board of Directors of said corporation,and that they signed their names thereto by like order as Vice President and Assistant Secretary,respectively,of the Company. My Commission expires the 1st day of August A.D.19998f^/�'� y� *)14-1111- Note. E (Signed) By .ifL,!4- ' /z L� {) This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24,1992. Resolved, that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executec,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions.Said Powers(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 an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and tee seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,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 Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on beha f 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 Attorney(s)-in-fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect. I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company ,do hereby certify that the foregoing Power of Attorney is in full force and effect and has riot been revoked. In Testimony Whereof,I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company on this 18th day of October , 1999 e5vi) Tit# Assistant Secretary fFS 3(12/96) d�` UNITED STATES FIDELITY&GUARANTY COMPANY BALTIMORE,MARYLAND ACKNOWLEDGMENT OF PRINCIPAL STATE OF COUNTY OF On this day of , in the year ,before me personally corne(s i to me known and known to me to be the person(s)who(is)(are)described in and who executed the forgoing instrument and acknowledges to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL(Partnership) STATE OF COUNTY OF On this day of ,in the year ,before me personally come(s) a member of the co-partnership of _to me to be the person who is described in and who executed the forgoing instrument,and acknowledges to me that he executed the same as and for the act and deed of the said co- partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF COUNTY OF On this day of _,in the year ,before me personally corne(s) ,to me known,who,being by me duly sworn,deposes and says that he resides in the City of that he is the of the the corporation described in and which executed this forgoing instrument;that he knows the seal of the said corporation;the seal affixed to the said instrument is such corporate seal:that it was so affixed by the order of the Board of Directors of said corporation,and'That he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY STATE OF New York COUNTY OF New York /Mg On this aim day of S LIZZ Sat ,in the year ,before me personally come(s) rT c'(,L,,CE',Attomey(s)-in-fact of United States Fidelity and Guaranty Company with whom I am personally acquainted,and who,being by me duly sworn,says that he reside(s)in that he is(are)the Attorney(s)-in-fact of United States Fidelity and Guaranty Compa the company described in and which executed the within instrument;that he know(s)the corporate seal of such Company;and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company,and that he signed said instrument as Attomey(s)-in-fact of said Company by like order. / WILLIAM H.HUTTO L lo 1e t Notary Public,State of New York No. 01 HU5077999 Qualified in New York County Commission Expires May 19,2001 United States Fidelity and Guaranty Company (Ccmmoncod tusinass August I. 1856) HOME OFFICE. BALTIMORE. MD - FINANCIAL STATEMENT DECEMBER 31, 1998 (STATUTORY BASIS) ASSETS Cash $126,770,667 Invested Assets: Bonds 54,757,107,219 Preferred Stocks 4,485,136 Common Stocks 803,793,131 Mortgage Loans - 358,365,128 Real Estate . ..... .. ... ... — .. ... . .. - - - - ---- -- 107,733,209 Short-tam Investments - 213,724,848 Other Invested Assets 227,140,002 56,472,348,673 Net Premiums in Course of Collection 439,367,993 Accrued Interest and Dividends.... . .. . ... . ..... .. _- _.. .. - .- ._ . . . 78,413,889 Other Admitted Assets 388,993,159 Total Assets 57,505,894381 LIABILITIES AND POLICYHOLDERS' SURPLUS Reserves: Losses and Loss Adjustment Expenses $4,780,893,923 Premium Taxes and Operating Expenses 157,213,159 Federal and Foreign Income Taxes 0 Unearned Premiums 749287,823 55,687,394,905 Funds Held Under Reinsurance Treaties 549,723,368 Other Liabilities - 209,522,793 Total Liabilities $6,446,641,066 Capital Stock-52.50 par value $70,579,288 Surplus 988,674,027 Total Policyholders'Surplus $1,059,253,315 Total Liabilities and Policyholders'Surplus $7,505,894,381 In,crummy yalc.ry u pnxnpa D ao Narrooy Assam moo of Int.a,ncc Cnnm.n,.awcaa Cam and S,.c,.ne,,,a me aam.mr of N 12.42b.11�2 m We n..a„cnc arc dr-p..4A.a r,ywrad by •Eccl.ma Prams,ern-t R.cm,abla a'-a 90 ay,obc Co T taw Corpor rq c [i r Co.m.y ofawtanam. Sum of Maryland v Oa _ Nona,.I9.1999 Imfora inc,me,obruilam,a Notary Nbfic a and for Ibc C y sad SLIM atom...ant pcawnally appurcd _ Mary Cora tar..!' tad Farcrnary Q,ana .Cond:lm and Ae_:mn.Cmporaa Sweaty.rerccc,ol). of ma UNITED STALES FIDELITY AND GUARANTY COMPANY--bet.Maxi by ow ac.cNly May.,-orq did dapoaa and my mar Way ara+aca Qthcua of am v a am And c and Aar an u t3end ofDoog u a fan.oI9 van comma,cvannar of Qv Anma and 1,ibOuna of she aaa ca a appeared epoe ma boots of de said company an flu al ar der,ofpcccmba A D 799! \`\pUUnllUpip./ Donna Mot.NanY Putia�11a Notary Pubuc Balton Carty ct/ °s Come 29 01-50 SIM el Marylon:1 My Commission od Aug.4,2002 letkier di.`` �•unrnuaua. 4,0 • 0 ftv-firN v. vin MEMORANDUM tit TO: Carol Harding DATE: October 27, 1999 COLORAD�O Clerk to the Board FROM: Drew Scheltinga, Engineer 111 SD .-? i c SUBJECT: Item for Chair's Signature Enclosed is the Agreement between Walsh Construction, Inc. and Weld County kir the 1999 Rehabilitation of Bridge Abutments. Please submit these documents to Commissioner Hall, Chair, for his signature and record these documents, Please send a recorded copy to my attention. Thank you for your cooperation. Enclosed also is an original of the contractor's insurance and bonding for your files. m.AengmuerAsig mem Hello