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HomeMy WebLinkAboutresolution.council.065-09RESOLUTION # Ip5 (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN DIGGER,INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING BURLINGAME PHASE I - IRRIGATION DITCH & STORMWATER DRAINAGE SYSTEM EXTENSION PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Aspen Digger, Inc. a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Aspen Digger, Inc regarding Burlingame Ranch Phase I -Irrigation Ditch & Stormwater Drainage System Extension Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~~~ /~ <~~i- _ i Michael C. Ireland, Z yo~~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held September 14~h 2009 Kath S. Koch, City Clerk W31SAS NOI1B3lW0 3'JtlN11M0 ONtl ~JNIOtlL ~ ~ ~ ~~ .~ ,~wuffinon~ ~~5, e... 135VHd H~NtlH 3WbJNIlNfl9ltl p . 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E3 ~~ ~ ~ ~ ~ ~ ~ ~ ~ 4 ii I I ^wti~~ R I d II 9 ~, 14 ' / i I y ' o I ~~ ~ ' I 1\ '. v '~ \ \ ~ ~ ~\ '~~ I 1 1 ` ~p `i ~ `'E { \ 4 \ Y \ E ~~ \ o \ \ i~ ~ v \ S 1 \1 e I ~,I ',I ;I I1 I i I 1 1 ~ A ~ . 3 i II \ 'I y ggg 9 E44 s ' II gg ° I eE ~!° ' I y E~~B~B!° ie t °E "x~'9~ 1 II @~t~96&~! r~{i ~' m u o~ Z W 0 0 y w J LL d CONTRACT FOR CONSTRUCTION the OOr erOsree 6ilY iforner~ Olive THIS AGREEMENT, made and entered into on September 14, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and THE ASPEN DIGGER INC., hereinafter called the "Contractor'. WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Burlingame Ranch Phase I -Irrigation Ditch 8~ Stormwater Drainage System Extension, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in 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 a sum not to exceed One Hundred Thirty Five Thousand Two Hundred Forty Four Dollars and Ninety Five Cents ($135,244.95) or as shown on the BID proposal. 5. The term "Contract Documents' means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CCt-971.doc Paget "CCt 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATT STED BY: l / ~/ CITY C/OLO~RADO RECOMMENDED FOR APPROVAL: ~~~~~ City Engineering Department ATTESTED BY: Title: APPROVED AS TO FORM: By: ~~ orney CONTRACTOR: Bv~ T~~7 Title: ~i'esrc~en~ Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF F,~o,cr~n v ) SS. COUNTY OF 't u ) On this ~ day of e~T~'r1~3c~2 , 2009, before me appeared -7-,e F - , to me personally known, who, being by ~~}}gg first duly worn, did say that s/he is ltcsl,~ceo~ of tf-s Pero ~ i ~ ~ c-~2 and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written €:: ,, ~J ~ : °i tF r: ~'' 7 , ao Lt a~^ Notary Pu Address~ /~ (EiIQWYZYJ S,z ~ `~ ~7da My commission expires: ~dYC4~AMISSbNE~PIRES1213120!t G BID BOND IOr0lM1f ALL PERBONB BYTI~SE PRESENIB, ihatws, the urelerslgned, The Aspen Digoer, Inc. _ d 0075 Sopris Avenue, Carbondale, CO 81623 ~ PdndpN I>arelrolter rshaad to aa'Ptindpai", and Washington Intemaiilortai Insurance Company , a oarporab„ ot~d tabariM iewa dtl+s ~tlrof New H~amps_hir~e end qudlfad b ranged buNneae to tiw Sloe d Colorado. ae'' are IIaW aret ftrmly 6am~c u~ tl» CHy o Mpsn, Cotaedo, ae obApee, herotneRor ratlensd b ae't)My,• in the pawl gum d Five Percent (5°~) of Amount Bid Ddiale ~5% °f MI°uM ald ti. ktarlVl ~ dthe lhdled Jhftaa d MtaflOa, far the Paymrd d whtah gum, veal erla truly b 6a r~da to the t,~r, are tdnd outedYaa, atW oar hake, aooxutrrs, , auooeaaota, and aaalgruas, jointly and aoverelil4 by thaita pncentx Burlingame Ranch Phase t - Irrlgadon Ditch & LNtERF/1t3, saW Ptlndpal hse submNtad • bid far txmekue~n d t;rortmvatar Drainage Svstam Extension NOW T~IiEFiDRE, N the r3q! aher kept tiro Nd d the Pdrwipa[ end the lsrlnclpd ahaN srttet' Neo a Contact ibr Con~udfat vdlh the t1Ny to aoootdanoe wifhh the tettne d atmtt tom, and gNan aueh bond a baWa ~ matr be ~d U qta Bld Paolwge m Ca-tiract l7oaortenta vrMit good and aul8dent surer fo0' Its faitldul pMonranae d each oadrad erpJtbr tle prot~tpeymant a} hbor and matedel famished b tM P tltateof, ar N the event dthe htbuts dfia NtktaBa4 b orrloKartch Cotlbartt tl(rr Contan~Ott arld glue audr bond m bonds, if the PrMdpd ahaq pay b the CMy the dlReretwa and b trrc,sed the penalty htiwi 6akrreen the atnaud apedAad bt geld bld end audt ktrger antountbrwMdr 1M PtkIN{rl trey N good ilallh atttrad Milt aratlterpargrb peAbmt bte work coveted by eaW tad, then titb ehaY ks -aAl and vdd, ntltenelea b tematn In NA tctoe sraJ aged In ~w, 91GNtBDAND8FAL&Dthb 28th rgya{ August ,2~9. 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C '~~ ~ 'O O+ N lj.i ~ 4 > 4 ~ YO 4 U O ~ yam" U V (~ V d O C 3 .S w ;; ~ O H ~ ~ ,C C O .~ ~ 'Q y Bond No. 59056668 PERFORMANCE BOND IQVOW iaLL PERSONS BY THESE PRESENTS: That we, the untlersigned, as, The Aspen Digger. Inc. having a legal business addrlSE ~t 0075 Sopris Avenue, Carbondale, CO 81623 a Corporation w as Prindpal, hereinafter Bled °Prindpal', and Washingmn International Insurance Company 1200 Arlington Heights Road. Suite 900, Itasca, ]L 60143 a mrpclalion organ¢ed under the laws of the State OF New Hampshire and qualified to 7ansar# btrslness In the Strife of Cobrado, herenafer tailed `Surt~y" ate held and firmly bound urrlo the City of Aspen, a Cobrddo home rule municipality, as 061tgee, hereirmRer called `City', In the amount of One Hundred Thirty Five Thousand Two Hundred Forty Four Dollars and Ninety Five Cents ($ 135,244.95 ~, In lav/tul money or the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, admini_:;ators, successors and assigns, jointly end severely, finely unto these present WIiERt:S, Prncpal has by written agreement dated September 14 ?Acs entered into :-: >:cntract YYIUr City for Burlingame Ranch Phase 1- rriga ion , an in accordance with tire Contract Doaxnents whkh ConiTact Documents Is by reference madea part hereof, and Is herelnalter referred to as the Contract NOW, _ ~iEREFORE, if Prindpai shall well, truly and faitilfWly pertorm iLa dudes, alt the undertakings, covenants, tenrrs, condtions and agreements of Bald Contract during the original term thereof, and any erQensions thereof which may be granl;,d by the City, with or without notlce to the Surety and durhtg the guaranty period, and lt Principal shall satisfy all daims and demands intxrrred under such Contract; and shat fully indemnify and sane harmless City firm all cosfis and tfarrrages which lt may suffer by r~son of failure to do so, and shall reimburse and repay the City all outlay and ergtense whidl the City may inter in making goad any default then this obligation sha0 be void; othervvise lt shall remain in full forcE and eff'ect'. The Surely hereby waives notice of any alteration or e~dertsion of tlme made by the City. WhenE'aar Principal shag be, and dtedared by Cily to !x in default under the Conbaet, fhe Cily having performed City's obligation her,:under, the Surety may promptly remedy itre default or shall promptly: (1) Complex the Contrdrt in atxxortlanta with its terms and tzrrditlons, or (2) Obtain a bid or bids for completing the Contrail in atxordance with ifs terms and conditions, and upon determlrration try Surey of the Iwyest responsible bidder, or, M the Gty elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a oxrtrail beMreen such bidder and Cily, and make available as work p (even though there should be a default or succession of defaults under the Contrail or Conlrads of txurrpletion ananged under this paragraph) suffident funds to pay the oust of trompletlon less the balance of the oontr^ail price, inducting other costs and damages for which the Suety may ba liable hereunder, the artrount set forth In the first paragraph hereof. The teen "balance of the Contract price" as used In this par$graph, shall mean the total amourt payable by City to Prindpal under the Contrail and any amendments thereto, less fhe amount propery paid by City to Prindpal. (3) Any contrail or suweseion of conbac#s entered Into hereunder for the wmpletion of the Contract; shay also be subject to this bond as part of the or~lral Contrail obligations. This bond is intended to be in satisfat~on il, and in addltlon to, the bond required pursuant to Section 38-2&106, C.RS., as amended. ` Stormwater Drainage System Extension CC1A71.doc Page 134 ..~1 This bond, ss a penariy and Indemnlfir~tlon bond, shall also entltie City to rerxver ~ part of the completion of the Contract or the payment of any labor ar malaria{ p09L9 hereunder, actual and consequential damages, liquidated and untiquldated dart~es, ~, reasonable attorneys fees and e7~ert witness fees, Including, without limitations, d~ fees afenglneering orarchitecbural coraulFarrb. Surety, for value received, hereby sOpulates and agrees that io Indemntfy and save harmless the City fi the e7chent of any and all payments in connection with the partying out of the contra~twhich the City may be requimd to make under the taw by any reason of such failure or default of the Principal, Further, surety and Prinapat shaA protect, defend, indemnify and save t7amtless the Cily's oficers, agents, servants, and employees from and against all claims and acttorts and all e7~enses InGder7~l to the defense of such claims or actions, based upon or arising out of injuries or death of perms or damage to property caused by, or sustained in connection with, this Contract by conditions seated thereby, and pn request of the City will assume the defense of any rJaim or action brought against the Cily. No right of aGion shall aoaue on this Bond m or for ttra use of any person or oorporaGon other than the City named herein or the empbyees, eger7ls, adminislTators ar successors of City. SIGNED AND SEALED ibis 74th PRINCIPAL: Tt,~ nspPn o;~~e~, 7nc. ey: ~' Title: ~CC,'cCewT Washington International Insurence Company Titia _ nsniey x. carny (leap NOTE: Accompany this bond wNh certified copy of General Power oP Attorney from the Surety Oo include the date of the bond. (Date of Bond must not be prior to date of Contract.) ff Princpal is Partrrership, all partr7ers should execute Bond. day Of September 2009 (sal) Attest rip CC1~7'l.Coe Pag®13S ^CC7 Bond No. 59056668 PAYMENT BOND IWGWALL PERSONS BY THESE PREStNTS: That we, the undersigned, es, The Aspen Digger, Inc. having a legal business 0075 Supris Avenue, Carbondale, CO 81623 address at s ' a Corporation a9 Prndpal, hereinafter called "Princpal", end Washington International Insurance Company 1200 Arlington Heights Road, Suite 900, Itasca, IL 60143 a corporation organ¢ed under the laws of the State of _ New Hampsnire ,and qualfied to transact business In the State of Colorado, herelnatter called "Surety', are held and firmly bound unto the Cny of Aspen, a Colorado home rule muniopalily, as Obligee, hereinafter glled'City", to the amount of: One Hundred Thirty Five Thousand Two Hundred Forty Four Dollars and Ninety Five Cents ~ 735,244.95 ~~ In lawful money of the United Slates far payment whereof Rindpal and Surety bird themsehres, their heirs, executors, adminlsfrators, strocessas ahd assigns, jointly and severely, finny undo these present WHEREAS, Princpal has by written aggreen>ant dated September t4 20 os entered into a contract wish the City for a prpjeet entitled: Burlingame Ranch Phase 1 -Irrigation Ditch & tormwater coinage yste~xtensionfproi~ ~ 2009-066 L in aeoordanco wnh the Contract Documents which Contrail Documents is by reference made a part hereof, and is hereinafter referted iD as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Prindpal shall promptly make payment to afl claimants hereinat6er defined, for ail labor and hraterlal used or reasonably required for the use in the performance of the Contract, then this obligation shall be wid; otherwise k shall remain In full force and ef(ed, subJerz, however, to the foNrrvring conditions: i. A Claimant rs defined as having a direct contrail wltlt the Pdnclpal or with subwnbactor of the Prindpal for labor, material, or both, used or reasonaby required for the perfomranw of the Contrail, labor and material being cons4,.a:t to include that part of ovater, gas, power, ygh; heat, dl, gasoline, telephone senate or rental equipment diredfy applicable fo the Cartract 2. The above~ame Prindpal and Surety hereby Jdnty and severally agree with the City that every dairrmrrt as herein defined who has not been paid m full before the expiration of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed or materials were famished by such daimant, may sue on this bond for use of such sums as may be justly due chaintant, and have exeartion thereon. The Cdy shalt not be liable for the payment of any costs or expenses of any such suit 3. No suit or adforr shay commence hereunder by any dalmant (a) Unless Galmard, other than ono having a dlreil contrail with the Prhrdpai shall have given written notice to any of the toUovMg: The Prlndpal, the City, ar the Surety above named, within ninety (90) days after such claimant did or peAormed the last of the work or labor, M flrmished the last il itre material far which Bald claim is made, stating with aubsfantlal accuracy the amount claimed and the Hama of the party to whom the materials were famished, or forwhom the work of labor was done or performed. Sucfi notice shall be seared by mailing the same registered mall or certified mall, postage prepaid in an envelope addressed 1o the Principal, City orSurety, at any place where an office Is regularly malntatned for the transadJon of business, or served in any manner in which legal process may be served in the State of Colorado. CC1.871.dot: Page 736 "'CC1 (b) After the expiration of one (1) year following the date on wtrieh Principal ceased work on said Ccnlracf, it being understood, however, that It any limfiatlon embodied in this Bond is prohibited by any law controlling the mnstrudian hereof, sud7 IimiFatlon shall be deemed to be amended so ass 6o be equal to the rninimum period of IEmitation permithed by such haw. (c) Other Ulan in a spate of aompe~rrtjurisdiction in and for the County of Pitldn, State of Coloredo. 4. The amount of this Band shall be reduced to the extent of any payment or payment, made hereunder, inclusive of the payment by surety of Gees ar eknlms whleh nray be Uled of record against the improvemerrt(s), whether or not claim Porthe amount of such lien be presented under and against this Bond. 5. This Borxi Is intended to b^ in satisfaction of, antl in addition W the band required pursuant to Section 3& 26-105, C.R,S., as amended. 6. No final setvement between the Cily and Principal shall ahridge the right aF any benefiaary hereunder, whale claim may 6e unsa~sfied. SIGNED qN0 SEALED tins taco PRINCIPAL: The Aspen Digger, Inc. By- ~SST-~s~ ~ Title: ~NS /~lEw Washingtun hi[emattunal Insurance Company ~~ Asldey K. day Of September 20U9 (~) Attest ~ (~) Attest ( ~~ C-cr~ Cathy Sommers NOTE: Accompany this bond Witlt certified Dopy of General Power of Attorney from the Surety Company th include the date of the bond. (Dale of Bond must not be prior to date of Contract), IF Pdncpal is a Partnership, all partners should execute Bond. CC1-877,dOC Papa 137 -Ca1 Bond No. 59056668 MAINTENANCE BOND IWOW AI.L PERSONS 8Y THESE PRESENTS, Thetwe, the undersigned, as The Aspen Digger, Inc. ~ 0075 Sopris Avenue, Carbondale, CO 81623 ~ printapal, hereinarar referted to as "Pdndpal", and Washington International Insurance Company, 1200 Adington Heights Road, Suite 400, Itasca, IL 60143 a oaporation organized underthe laws of the State Of New Hampshire acrd qualified ~ 1rallsact business In the State of Colorado, as "Surety" ere held end firmly bound unto the City of Aspen, Colorado, as obligee, hereirrafier referred to as "Cfty," M the penal sum of: One Hundred Thirty Five Thousand Two Hundred Forty Four Dollars and Ninety Five Cents ~$ 135,244.95 ,lawful money ofthe Urrhed States afAmedtx, forthe Paymentafwhirh sum, wPJI and truly fo be made to the City, we bind ourselves, end our heiw, extxutors, administrators, successors, and assignees, jointty and severally, by these presents: WHEREAS, said Principal has entered into a wdtlen Contract with the obl~ee rioted september 1 a 20 09 forfumishing all equlpmerrt, labor, tools and materials for. u~lingame Ranch Phase 1 -Irrigation Ditch & Stormwater Drainage System Extension in accordance with detat7ed plans and specifications on file in the office of the City Clerk of said City, a copy of which Ctmbact Is attached hereto and made a part hereof. NOW THEREFORE, The corrditlons of the foregoing obligations are such that R the Bald Prirrdpal shall Weil and truly perform all ttre covenarrts and mndficns of this Contract on the part of said Pdndpal to be performed, and repair ar replace all defects for a perod tNtwo year(s) as provided herein, and protect acct save hornless the CIly of Aspen, Colaatio, from aB loss and damages to tlfe or property suffered or sustained by any person, firm or mrporafion, caused by Bald Pdndpal or his agerds tx his ertrpbyees, In the ptat'ormance of sold work, or by, or in consequence of any negligence, carelessness, or miscottdud In guarding and proledUg same, or from arty Improper or defective equipment or matedats used in the work, or other damages, costs and expenses and set forth In such Contracts, then this of~ligatlon shall be void othenrise to rerrraln in full force and effect In law. TMs Bond guarantees that the mattartai and equipment iumished and used, and wodvronship employed In the perfomranoe of the work described in this Contract wit be of sum character and quality as to insure it to l1e tree from all defects and in continuous good order and in a conditlon satlsFactery to the Grnreming Body of the City of Aspen for e period of two y~r(s) from the date of the issuance of the Certificate of Completion. This Bond guarantces that the sold Pdndpal will keep and maitrhaln the subJeet worts without additional charge or cost to the City of a period specified, and make such repa6s w replacement of any deefectve construction as the City may deem necessary. CC7.971.doc Page 138 ~CC1 Tha said Principal shall not be required to maintain any part of the Wnprovement under this guarantee which, aPoer its wrnplciron and axaptanee shall have been removed or altered by the Clty or its agent. SIGNED AND SEALED fMs 14th ~ ~ September zoos PRIi~CI AL' The Asp~en~/Digger, Inc. ey. ~ .~1.~--~ 7~itle: ~f25/v~ew~ seal) Attest SURETY: Washington International Insurance Company By: 1) 1' Title: Ashley K. (~~) Cathy (Accompany this bond witl'i certMed Dopy of General Power ofAttomey from the Sta+ety Company to indude the date of the bond.) CC1-971.doc Pegs t39 "CC1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY'fHESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal offce in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of [he S[a[e of New Hampshire and having iLS principal office in the City of Itasca, Illinois, cacti does hereby make, constitute and appoint: EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD AN[TA C. KELLER, VIRGINE KORNBLUTH and ASHLEY K. BRYANT 70INTLY OA SEVERALLY Its Ime and lawful Attorney(s)-in-Fact, [o make, execute, seal and deliver, for and on its behalf and as its ac[ and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or pray be required or permitted by law, regulation. contract or othenrise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Rourds of Directors of both North American Specialty Insurance Companv and Washington Intemational Insurance Company at moctings duly called and held on the 24'" of March, 2000: 'RESOLVED- th¢t any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, [he Secretary or mry Assistant Secretary be, and each or any of them hereby is authorized [o execute a Power of Attorney quuli tying the attorney named in [he given Power of Attorney to exew[e on behalf of the Company bonds, undettakings and all contracts of surety, and that each or airy of them hereby is authorized ro a¢es[ to the execution of any such Power of At[omey and [o attach therein the seal of the Company: and it is FURTHER RESOLVED. [hat the signature of such officers and the seal of the Company may be affixed [o any such Power of Attorney or [o any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the Curare with regard [o any bond, undertaking or contract of surely to which i[ is attached." 5\\Dwnmmii E Q ~ PPd S G$ ~J GO ~ By r. ge~.~P-LOtF Okq~NSG wb r `¢[ SFAI m Sreveu l'. Anderson, PresidenrS CLief Ex<cmive Off er of Wvsllingmu aeerna(ional lnanrm¢e Cmnpnny $ @ 3?~ SEAL F ~';et$ 4~ 1813 Wi a &Sv,iar Via Presidema(SOnM1 Americans malty auurana Cumpeny =0: 'ma \`\ fig y'y'~. ~L . Illllla\0\\ ~ , B ~ ...~.,...* a D id M L y l p Imw~a ~`eY" ' m av . ay n, en or Vice P~eaiden of WiuM1ingmn Inlanafimlal Ira ce Company . & Via Preaidene of NOnM1 American Specivlty Inaurana Compmy IN WITNESS WIiEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their off cial seals [o be hereunto affixed, and these presents [o be signed by their authorized otiicers this Ist day of April 2009 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Cmuny of Du Page ss. On this Ist da ~ of Aprd , 2009 before me, a Notary Public personally appeared Steven P Anderson ,President and CEO of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washingon Intemational Insurance Company and Vice President ofNorth American Specialty Insurance Company, personally known to me, who being by me duly sworn, ackmowledged that they signed the above Power of Attorney as officers of and acknowledged said ins[rtlment to be the voluntary ac[ and deed of their resoec[ive companies. "OFF[C7AL SBAL" DONNA D. SIQ.ENs Notary Public Sateotlltimu My Co(I®isaion E~ires 1NU671011 r~ I Donna D. Sklens, Notary Public I, James A. Carpenter ,the duly elected Assistant Secretary ofNor[h American Specialty insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty htsurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS W HEREOF, I have se[ my hand and affixed tl\e seals of the Companies this 14th day of September , 2l1 09 lama A. Cmpemeq Via Pruidem tl Assislen15ecrcmn' of N'ashlo~lon Inlemmional Insurmsse Company HI Nodh Americen Specialt,~ Imnrvnce CpmVany Client#: 120960 ACGRQM CERTIFICATE OF LIABI LITY INSURANCE 09101/09DnrrY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER i +'! ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR E DOES NOT AMEND an unet HUB SW Gran , HOLDER. THIS CERTIFICAT ssroads Blvd 2742 C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ro Grand Junction, CO 81506 970 245-8011 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Employers MUtual t:asUalty t.Ompa 21415 INSURED The Aspen Digger, Inc. INSURER e: EMC Insurance Companies 999999 0075 Sopris Avenue INSURER C: Plnnacol Assurance Company Carbondale, CO 61623-2209 INSURER D: INSURER E: COV ERA GES THE INSU RED NAMED ABOVE FOR THE POLICY P ERIOD INDICATED. NOTWITHSTANDING TH E POL ICIES OF INSURANCE LISTED BELO W HAVE BEEN ISSUED TO R DOCU MENT WITH RESPE CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AN V RE QUIREMENT, TERM OR CONDITION O F ANY CONTRACT OR OTHE SUBJECT TO A I EX LL THE TERMS CLUSIONS AND CONDITIONS OF SUCH MA Y PE THE INSURANCE AFFORDED RTAIN BY THE POLICIES DESCRIBED HERE IN S , CIE , AGGREGATE LIMITS SHOWN MAY S HAVE BEEN REDUCED BY PAID CLA IMS. PO LI . POLICY EFFECTIVE POLICY EXPIRATION ' LIMITS LTR N R TYPE Of INSURANCE POLICY NUMBER ATE MMID DATE MMA]DIl Y 00 10/01108 10101109 EACH OCCURRENCE $1 000 0 A GENERAL LIABILITY 9X9921809 ENTED DAMAGE TO R $1OO OOO COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) 85 OOO CLAIMS MADE ~ OCCUR PERSONAL 8 ADV INJURY $1 OOO OOO $2 OOO OOO GENERAL AGGREGATE G $2 OOO OOO PRODUCTS-COMPIOP AG GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PR~ LOC A AUTOMOBILE LIABILITY 9X9921609 10/01/O6 1O/01/O9 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accitlenl) $ X NON-OWNED AUTOS PROPERTY DAMAGE (Pet accident) $ AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY EA ACC $ ANV AUTO OTHER THAN AUTO ONLY: AGG $ 06/24/09 10/01109 EACH OCCURRENCE $5 OOO OOO B Excess/UMBRELLA LIABILITY 9X9921609 AGGREGATE $5 000 000 X OCCUR ~ CLAIMS MADE s $ DEDUCTIBLE $ X RETENTION $ 1 O OOO 07101109 0710111 O X WC STATU- OTH- t. WORKERS COMPENSATION AND 1622540 1 OOO OOO EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S ANV PROPRIETORIPARTNER/EXECUiIVE E.L. DISEASE - EA EMPLOYEE $1 OOO OOO OFFICER/MEMBER EXCLUDED? 000000 1 If yes, describe untler EL DISEASE-POLICY LIMIT , $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS (LOCATIONS (VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Ditch Delivery & Sotrmwater Drainage System Extension, Project ti I i on ga rr Re: Burlingame Ranch Phase I - No. 2009-066. Certificate holder is named as additional insured per attached CG7482(1-OS). ......,r-, , . ~n n~..~ fnr Nnn_Pavment CERTIFIGA I t M V LuCrt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~0_ DAYS WRITTEN City of Aspen NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL 130 S Galena St IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Aspen, CO 61611 REPRESENTATIVES. A MORIZED EPR$SE~TIVE y ~ AK01 ©ACORD CORPORATION 198E ACORD 25 12001106) 1 of 2 #52204011M207407 _. , ~ 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, eMend or alter the coverage afforded by the policies listed thereon. ACORD 25.5 (2001108) 2 of 2 ~es~~nen~ mom~n-, COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -CONSTRUCTION CONTRACTS - VICARIOUS LIABILITY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury;' "property damage" or "personal and advertising injury" resulting from any act or omission by, or willful misconduct of the additional insured, whether the sole or a contributing cause of the loss. The coverage afforded to the additional insured is limited solely to the additional insured's "vicarious liability" that is a specific and direct result of your conduct. "Vicarious liability" as used in this endorsement means liability that is imposed on the additional insured solely by virtue of its relationship with you, and not due to any act or omission of the additional insured. 2. "Bodily injury' or "property damage" occurring after: b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. 3. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any profes- sional, architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. C. The limits of insurance applicable to the additional insured are those specified in the Declarations of this policy or in the written contract or written agreement, whichever is lower. D. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether that insurance is primary, excess, contingent or on any other basis, unless you and the additional insured have specifically agreed in a written contract or written agreement that this insurance be primary. When coverage is provided on a primary basis we will not seek contribution from any other insurance available to the additional insured if a written contract or written agreement requires that this insurance be noncontributory. E. All other terms and conditions of this policy remain unchanged. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or CG748211-08) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1011 AUG. 31. 2009 3:11PM CITY OF ASPEN N0. 194 P. 1 Permission is Hereby ASPEN DIGGER INC To: 0075 SOPRIS AVE CARBONDALE CO 81823 ~~u~i~ess Li~ens~ To Maintain and Carry On The Following Descried Business ; DUMP TRUCK f For The Tenm From 8/04/2009 To 12131/2009 In Testimony Wheroof the Corp~rote Seal Of the City Of Aspen Is Herounto Affixed On This Date /~~ `~G'~t f /~~ „~ OF AS,4 Attest: ~`.~ ooc~oRVrFF'L Mayor ~~ ~~,AL city ~~~~ ~.oR~ Director of Finance Nature of Business DUMP TRUCK Licensee: ASPEN DIGGER INC 0076 SOPRIS AVE CARBONDALE CO 81623 NOT TRANSFERABLE Valid Urrtii Revoked or Cancelled t ; s~ ,. , ~- „y, Sales Tax Llcema ~"'""`- 4 ~ License Number Expiration Date 140142 12131 /2009 , Date Issued p1/01/2009 ~; Tide avnRes Mnt pre liceneee d+oxn Hereon b „Rhorlrle ro eeRau ~.. mree for nre cir o1 ASVen~Cdoaaortlnw~Urr b~ ~, i DiroCtor of Finance, City of Aspen f