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HomeMy WebLinkAboutresolution.council.086-10 RESOLUTION # S (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE RIO GRANDE WELL BLENDING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and the, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Gould Construction Inc. regarding the Rio Grande Well Blending Project for the city of Aspen, 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: Z) f 4r Michael C. Ireland, Mayor 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, October 25, 2010 Ka fi n S. Koch, City Clerk • - (flC r wit n.w.rrio.. CONTRACT FOR CONSTRUCTION marina -It u" THIS AGREEMENT, made and entered into on October 25, 2010, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City ", and GOULD CONSTRUCTION, 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: RIO GRANDE WELL. BLENDING PROJECT, 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 Sixty Eight Thousand Five Hundred Sixty ($168,560.00) DOLLARS 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 Page 1 " "CC1 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. CC1- 971.doc Page 2 "CC1 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. ATTf TED BY: CITY OF SPEN, COLORADO A.`,L s. . : By: LP Title: C 1? /7�v RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: / i / / the City Engineering Department � orney ATTESTED BY: CONTRA jOR: 2, DUI) C. """ By: < 'rad LL Title: f: 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 Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ( - d-o ) )SS. COUNTY OF (. -,r /J ) On this 1 S day of OC , 2010, before me appeared {7e.,{-4-- 3. uo,Y'C_ , to me personally known, who, being by me first duly sworn, did say that s /he is IIiCe (yr'cs of Could (on v( c) oa , (v« 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. ,. V r.. ry Public ' '•, � g `� Address My commission expires: tnfh" z3. 2---0 �3 CC1- 971.doc Page4 "CC1 BID PROPOSAL FORM Project No. 2010 -063 BID DATE: October 5, 2010 PROJECT: Rio Grande Well Blending PROPOSAL SUBMITTED BY: it) L Call9r12001 - 1014 CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made its pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixiu (60) consecudve calendar daIs from the date of bid opening. The C ontractor a grees th at c onstruction shall s tart irnme diately following a ma ndatory p re- construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay hem in the bid form shall be c onsidered a s ubsidiary obl lgatlon of t he C ontractor a nd all c osts in connection therewith shall be included in the prices bid for the various items of work. P rives shall include all costs in connection with furnishing the proper and success completion of the work, including tarnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. S uch work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at trait prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials flanished and work done. The Contractor agrees to make no claims Sr damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually Banished and the estimated amount of work. aP1.971.doc •13P1 � ofa Isla The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. I hereby acknowledge receipt of ADDENDUM(s) numbered ( through ESTIMATED OUANTITY LIST UNIT TOTAL )1ID ITEM DESCRIPTION O.UANTIITY PRICE COST Well Blending— Including all work as shown on the drawings and detailed in the Contract Documents including: all excavation, backlit!, compaction, bedding, backtill materials, storage areas, traffic control, temp access or road closures, hauling in materials, hauling off and disposal of all materials, removal of asphalt, asphalt prep, asphalt replacement, replacement of all concrete curb and gutter, sidewalks, drainage pans, removal and replacement and any new concreter driveway pavers, all DIP water tines, conduits and their installation, connection to existing COA system, installation of manhole, interior manhole valves and fittings, all restraint systems, pipe seals, well building penetrations for DIP, copper and conduits, (including pull wires in all conduits), all interior piping, valves, couplings, restraint systems, sampling taps, actuators, pumps, meter installation, valve actuators, testing, disinfection, COA permits, GIS asbuilts, coordination with the COA Electrical and Controls Contractor for electrical work, testing and operation, and all other interior and exterior work required to complete the project LS ° OOn�Taunp um �/ $ J E1C7¶ ,a $ 1 6R i �7 ) (/ �F �� ` fi gures bb TOTAL BID IN NUMBERS: ) 419 Total Bid in Words: t u ; _. -P 5 t tSL . kItitaDea> Gt sc ry a t'tot, 13P1.971.doc 'BPI 2 Co 841 lass I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. • p� P Authorized �cer: . ' r r , Title: V . � r Full name signature: , Company address: D. i ' ( 30 a vui SW(tJC. , OD gcGin- Telephone number: q4 & -lzR 1 Fax number: 94S'" P537' I Attested. by: A Subcontractor & Material Supplier List Name: F. -A'1. l 17 KtX1 l©IJ , Phone #: AdcSss: A7P 61/41 Onto (Zt-7d saga, n Peeahad: arCiFf tit Name: • 92)4 , Phone #: Adders: @ [so Wool &-1 Satme Padustf: CO 60U e kepai u Name: att.). G t Pe e, , Phone #: Adams:: 3114 2 k ✓jw Awns MR du ° R N MA-M2-ukt77 Name: , Phone #: Adalass: Savlee in Polo* BP1- 971.doc *BPI -- s ors Initials Bond No. 5379986 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Gould Construction, Inc. having a legal business lmti.F.wre Nana) addrtss et P.O. Box 130, Glenwood Springs, CO 81602 a Cor as Principal, hereinafter called "Principal', and [ an:comn, rememp. Of nmimmV Employers Mutual Casualty Company time m any) P.O. Box 712, Des Moines, IA 50306 yesastat tasty) a mrpoiation organized under the laws of the State of Iowa and qualified to Sansact business In the Sate of Colorado, hereinafter called "Surety', are held and finely bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called `City', In the amount of One Hundred Sixty Eight Thousand Five Hundred Sixty Dollars and No Cents (al 168,560.00 ), in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, admini.:, ators, successors and assigns, jointly and severally, firmly unto these present WHEREAS, Principal has by written agreement dated October 25 2010 entered into csntract with city for Rio Grande Well Blending Project in accordance with the Contract Documents which Contract Documents is by reference made a pat hereof, and is hereinafter referred to as the Contract NOW, YiEREFORE, if Principal shall well, truly and faithfully perform Its duties, all the undertakings, covenants, tetra, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be grant:d by the City, with or without notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract; and shal fully indemnify and save harmless City from all costs and damages which It may suffer by reason of failure to do so, and shall reimburse and repay the City alI outlay and expense which tha City may incur in making good any default, then this obligation shall be void; otherwise It shall remaln in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the City. When+ar Principal shall be, and declared by City to be in default under the Contract, the City having performed City's obligation hereunder, the Surety may promptly remedy the default or shall promptly. (1) Complete the Contract in accordance with Its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with Ks terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, If the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses (even though them should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contrail price, including other costs and damages for which the Surety may be liable hereunder, the amount set forth In the first paragraph hereof. The test "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by City to Principal under the Contact and any amendments thereto, less the amount properly paid by City to Principal. (3) Any contact or succession of contrails entered into hereunder for the completion of the Contact, shall also be subject to this bond as part of the original Contract obligations. This bond is intended to be in satisfaction of, and in addition b, the bond required pursuant to Section 38- 28-106, C.RS., as amended. CC1-971.doc Page 134 **Ott This bond, as a penalty and Indemnification bond, shall also entitle City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unliquldated damages, costs, reasonable attorneys fees and expert witness fees, Including, without limitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to Indemnify and save harmless the City to the extent of any and all payments In connection with the carrying out of the contract which the City may be required to make under the taw by any reason of such failure or default of the Principal, Further, Surety and Principal shall protect, defend, indemnify and save hornless the City's officers, agents, servants, and employees from and against all claims and actions and all expenses incidental to the defense of such Balms or actions, based upon or arising out of injuries or death of persons or damage to property caused by or sustained in connection with, this Contract by conditions created thereby, and an request of the City will assume the defense of any claim or action brought against the City. No right of action shall ammo on this Bond to or for the use of any person or corporation other than the City named herein or the employees, agents, administrators or successors of City. SIGNED AND SEALED this 25th day of October 2010 PRING"� Gould Construction, Inc. : B / ' . /G�,.,t : Attest r/ By: , Trite: . SURETY: Employers Mutual Casualty Company /) (seal) By. OIL./, i v Attest (L 't. �� _ _ Title: Attorney -in- , ct/ Ashley K Br 4 Anita C. Keller NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date of the band. (Date of Bond must not be prior to date of Contract) If Prindpat is Partnership, all partners should execute Bond. CC1 .971.dac Page 135 ^CC1 Bond No. S379986 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Gould Construction. Inc. having a legal business vim. pam address at P.O. Box 130, Glenwood Springs, CO 81602 (Pr,000rsP011ess) a Corporation as Principal, hereinaftercalled "Principal', and Employers Mutual Casualty Company (Saays Name) P.O. Box 712, Des Moines, IA 50306 (Scam; a corporation organized under the laws of the State of Iowa and qualified to transact business in the State of Colorado, hereinafter called "Surety', are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called *City", in the amount of : One Hundred Sixty Eight Thousand Five Hundred Sixty Dollars and No Cents 168,560.00 ), i lawful money of the United State for payrnent whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present WHEREAS, Principal has by written agreement dated October 25 , 20+_ entered into a contract with the City for a ect entitled: ( no. 2010 -063 prof pin rrande Well Rlendinn Prniert in alxxtrdance with the Contrail Documents which Contrail Documents is by reference made a part hereof, and is hereinafter referred to as the Contract NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Principal shall promptly make payment to al claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain In full forte and effect, subject, however, to the following conditions: i. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being constr,.oJ to include that part of war, gas, power, light heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract 2. The above -tame Prindpal and Surety hereby jointly and severally agree with the City that every claimant as herein defined who has not been paid in 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 furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the payment of any costs or expenses of any such suit 3. No suit or action shall commence hereunder by any claimant (a) Unless dalmant, other than one having a direct contract with the Principal shall have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or MUmished the Last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mall or certified mall, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office Is nsgulary maintained for the transaction of business, or served in any manner in which legal prods may be served in the State of Colorado. 001 -971.doc Pegs 136 "CC1 (b) After the expiration of one (1) year following the date on which Pnndpal ceased work on said Contract, it being understood, however, that If any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such hare. (c) Other than in a state of competent Jurisdiction in and forthe County of Pitkin, State of Colorado. 4. The amount of this Band shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of liens or Balms which may be filed of record against the improvement(s), whether or not claim forthe amount of such Ilen be presented under and against this Bond. 5. This Bond Is Intended to bs In satisfaction of, and in addition to, the bond required pursuant to Section 313- 26 -105, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 25th October 2010 SIGNED AND SEALED this day of PRINC! Gould onstruction, Inc. (seal) ia By: Attest 4 Tr le: SU RETY: Employers Mutual Casualty Company (seal) • B y: QVi1. _ . Attest Attorney -in -Fact/ A • y K. Bryant , Title: Anita C. Keller NOTE: Accompany this bond with certified copy of General Per of Attomey from the Surety Company to Include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should execute Bond. CC1- 971.doe Page 137 "VC1 Bond No. S379986 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as Gould Construction, Inc. of P.O. Box 130, Glenwood Springs, CO 81602 , as Principal, , hereinafter referred to as "Pdndpal" and Employers Mutual Casualty Company a corporation organized under the laws of the State of Iowa and qualified to transact business In the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City," in the penal sum at One Hundred Sixty Eight Thousand Five Hundred Sixty Dollars and No Cents Ddlars ($ 168,560.00 ), lawful money of the United Slates of America, for the Payment of whirl sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has entered into a written Contract with the obligee dated October 25 20 for furnishing all equipment, labor, tools and materials for Rio Well Blending - Project • in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a Dopy of which Contract Is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that If the said Prindpal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to fife or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct In guarding and protecting same, or from any Improper or defective equipment or materials used in thework, or other damages, costs and expenses and set forth In such Contracts, then this obligation shall be void othemise to remain h full force and effect in law. This Bond guarantees that the material and equipment fumished and used, and workmanship employed In the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two years) from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. CC1.971.doc Page 138 "*CCI • Tha said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its cornple.tion and acceptance shall have been removed or altered by the City or its agent SIGNED AND SEALED this 25th day dr October 2010 Inc. Gould ons ructi•n, Sea PRIiQCI' ( � By-. !W� B /_L Attest- (seal/ Title: • Employers Mutual Casualty Company (seal) SURETY: /� B B. d� //. �- r Attest AFa �� e � Anita C. Keller Tdle: Attorney -in -Fact it shley K. Bryant (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) CC1- 971.doc Page 139 ''CC1 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK - HOLD AT AN ANGLE TO VIEW. /EMC Insurance Companies No 917752 P.O. Box 712 • Des Moines,: IA 50306 -0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5, Dakota Fire Insurance Company; a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EVIG;Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7, Hamilton Mutual insurance Company, an Iowa Corporation 4.:' II1Mois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally "Company" and collectively as "Companies' each does, by these presents, make, constitute and appoint TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ,ASHLEY K. BRYANT, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attorney in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2012 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in-fact shalt have power and authority, subject to the terms and limitations of the power issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, reoognizances,, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Cornpany, shall be valid and binding upon the Company with the force and affect as though manually affixed. IN WITNES8 WHEREOF, the Com es have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 23RD day of H Y , 2009 fin Seals Bruce G Kelley, Chairman/ Michael reel psoo a PPO° n Q e 6 a of Companies 2, 3, 4, 5 & .; President Assistant Secretary ow „ c s ° - q • of Company 1 V ice Chairman and SEAL a i o ' 1863 1953 CEO of Company 7 . � JPWR • , N 4unn,yr E ;HSUx4N vervac On this 23RDday of FEBRUARY AD 2009 before me a ,, F sis „ ,1. , . r "- Notary Public in and for the State of Iowa, personally appeared Bruce G Kelley and Michael 0 3 ; o ' • Freel, who, being by me duly sworn, did say that they are, and are known to me to be the : SEAL SEAL SEAL Chairman, President, Vice Chairman and CEO and/or Assistant Secretary respectively, of o •, ,., o q -:: each of The Companies above; that the seals affixed to this instrument are the seals of said ° + •., •°NIP sM°,u corporations; that said instrument was signed and sealed on behalf of each of the Companies , .• • „ yr nn+.° ��•,,,.. • ,,,. •���• •^ by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledge the execution of said instrument to be the dot A i voluntary act and deed of each of the C ompanies. r uTUg q92 My Commission Expires October 16, 2011. s - ` - GHERYL CNOWNOVER Commission Number 719084 UR s„ # My Comm. Exp. OMIAL 11 Notary Pi it in and for the State of Iowa CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 23, 2009 on behalf of Timothy J. Blanchard, Andrew P, Walters, Ashley K. Bryant are true and correct and are still in tali force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company /Hs 25 th day of Oc tober 2010 Vice- President Form 7832 (10 -07 4tn) "For verification of the authenticity of the Power of Attorney you may call (515) 345- 2689." A � ® DATE(MWDONYYY) CERTIFICATE OF LIABILITY INSURANCE 10/15/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI HOLDER. THIS BY THE BELOW. HIS CERTIFICATE F OF B NS NEGATIVELY ALTER URANCE DOES NOTCO STITUTE A CONTRACTBETWEEN SSU ISSUING INSURER(S), AUTHOR Z REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 0 the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the pollcy, 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). CONTACT PRODUCER NAME: Van Gilder Insurance Corp. PHONE AC, NO):303 -931 -579 (A/C, No, Ertl: 301 - R17 - 8500 1 1515 Wynkoop, Suite 200 E - MAIL Denver CO 80202 ADDRESS: PRODUCER CUSTOMER ID #: GOUCON INSURER(S) AFFORDING COVERAGE NAIC E INSURED INSURER A: Zurich American Insurance Comp 0 Gould Construction, Inc. INSURERB:EVerest National Insurance Com P.O. Box 130 INSURERC: Glenwood Springs CO 81602 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 819123328 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 HEREIN IS VVHICH THIS MAY BE ISSUED OR MAY TO ALL THE ERMS. AND CO DIITIO S OF SU POLICES L MRS SHOWN MAY HAVE P BEEN REDUCED PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE (NCR WVn POLICY NUMBER IMMIDDIYYYY) IMMIDDNYYYl A GENERAL LIABILITY Y Y G1,0831154809 3/1/2010 3/1/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED 100,000 PREMISES (Ee occurrence) 5 X COMMERCIAL DE IX LIABILITY MED EXP (Any one parson) 510,000 CLAIMS -MADE X I OCCUR PERSONAL SADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2.000,000 GEN'L AGGRE LIMIT APFLIESPER: S 7 POLICY IX X I TA IX I LOC A AUTOMOBILE LIABILITY Y Y BAP831154909 3/1/2010 3/1/2011 (E OM a BIN N ED t LE LIMIT SINGLE 51,000,000 X ANY AUTO BODILY INJURY (Per person) E ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE 5 (Per accident) _ X HIRED AUTOS 5 X NON -OWNED AUTOS $ g UMBRELLALIAB X OCCUR 7106000157101 3/1/2010 3/1/2011 EACH OCCURRENCE $5,000,000 AGGREGATE 55,000,000 X EXCESS LIAR CLAIMS -MADE E DEDUCTIBLE S X RETENTION 50 WC A WORKERS COMPENSATION Y WC831154709 3/1/2010 3/1/2011 x I WC STATU- STATU -I 10TH- FR AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT §1,000,000 ANY OFFICER/MEMBER EXCLUDED? PARTNEFUEXECUTIVE I NIA 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE E If yes, describe under E.L. DISEASE - POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RIO GRANDE WELL BLENDING PROJECT As required by written contract or written agreement, CITY OF ASPEN is included as Additional Insured for ongoing AND completed operations under General Liability with respect to the above referenced. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CCORDANCE WITH THE POLICY PROVISIO S CE WILL BE DELIVERED IN ACCORDANCE CITY OF ASPEN 130 S. GALENA STREET ASPEN CO 81611 AUTHORIZED REPRESENTATIVE I © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD