HomeMy WebLinkAboutresolution.council.096-13 RESOLUTION #96
(Series of 2013)
A RESOLUTION APPROVING AN AGREEMENT WITH A.G. PARKER
SERVICES LLC TO PERFORM DREDGING AND SEDIMENT REMOVAL
FROM THE CITY OF ASPEN WATER DEPARTMENT BACKWASH POND
LOCATED ON THE WATER PLANT SITE.
WHEREAS, THIS PROJECT IS NECESSARY TO RESTORE VOLUME
STORAGE AND FULL FUNCTIONALITY OF THE BACKWASH POND
LOCATED ON THE WATER PLANT SITE. Through the water filtration process
to treat water for potable use, removed sediment captured in the filters is
`backwashed' into a pond on the water plant site. This pond is required by State
and Federal regulations to passively remove these solids prior to discharge. The
discharge from this pond is regulated by required permitting with the EPA through
the National Pollutant Discharge Elimination System (NPDES).
WHEREAS, this pond fills up every decade or so and it requires dewatering
and disposal of the sediment to the Pitkin County Solid waste site. On a smaller
scale, this was last done in 2010 to provide needed pond capacity until a more
complete dredging and removal is performed. The contractor A.G. Parker will
complete a full dredging process with equipment that enables a higher level of
sediment removal in a shorter time span. Provision of water service to the
community is unaffected during this work.
WHEREAS, the City of Aspen advertised and solicited proposals through a
competitive bid process. A single bid was received and has been reviewed by
staff. The bid amount is reasonable and the company capable of performing the
work to the full extent of the proposal.
WHEREAS, The bid amount for the project is $45,000. Sufficient funds in
the Water Department budget have been retained from previous years for this
purpose. As such, no other funding appropriations are necessary.
WHEREAS, There are no environmental impacts for this project. The
backwash pond sediments include a minimal level of coagulants which brings fine
sediment particles together for filtration during water treatment process. These are
biodegradeable and may be disposed of at the Pitkin County landfill with prior
approval. The solids cannot be used for agricultural organic reapplication.
WHEREAS, participation, as set out in the Agreement attached as Exhibit A
and incorporated by this reference, is consistent with the City's water policies and
is in the best interests of the public.
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009
PROFESSIONAL SERVICES
City of Aspen Project No.: 2013-015.
AGREEMENT made as of 4th day of October, in the year 2013
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o David Hornbacher
130 South Galena Street Total: $45,000.00
Aspen, Colorado 81611
Phone: (970) 920-5110
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Parker Ag Services, LLC until it has been approved by the City
c/o_Mike Sharp Council of the City of Aspen.
53036 Hwy 71 City Council Approval:
Limon, CO 80828 Date:
Phone: 719-775-9870
Resolution No.:
For the Following Project:
Judge Removal from City of Aspen Water Treatment Plant Backwash Impoundment Pond
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Agreement Professional Services n _ Page 0
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
That the Aspen City Council approves the Professional Services Contract between
the City of Aspen and A.G. Parker Services LLC attached as Exhibit A and
authorizes the Mayor to execute the same on behalf of the City.
Dated:
Steven S adron, 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 15, 2013.
Kg&n S. Koch, City Clerk
Attachment A—Professional Services Contract— City of Aspen and A.G. Parker
Services LLC
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than October 31St, 2013. Upon request of the City, Professional shall submit, for the City's approval,
a schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
3. Pad gent. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
Agreement Professional Services Page 1
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and- unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Agreement Professional Services Page 2
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers'Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE
MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned,hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interests provision. If the Professional has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
Agreement Professional Services Page 3
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty(30)days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
Agreement Professional Services Page 4
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
Agreement Professional Services Page 5
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
Agreement Professional Services Page 6
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a.gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
Agreement Professional Services Page 7
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
Agreement Professional Services Page 8
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY QF ASPEN, COLORADO: PROFESSIONAL:
JtKz�'
[Signature] [si ature]
By: By:
[Name] AIJAM [Na me]
Title: Title: "
IJ
r
Date: I Date:
Approved as to form:
ity Attorney's Office
Agreement Professional Services Page 9
EXHIBIT A: BID DOCUMENTS
Agreement Professional Services Page 10
PARKER AG SERVICES9, LL
53036 Highway 71 Phono:719-775-9870
Limon,CO 80828 Fax:719-775-9971
September 13,2013
Reclplents of. Charles Bailey
Treatment Supervisor
City of Aspen Water Department
1999 USEPA Public 130 South Galena Street
AceeptanceAward Aspen,CO 81611
RE: Aspen Water Treatment Plant Backwash Impoundment Pond—
2001 USEPA Region Revised Bid Form
VIII
Environmental
AchlevwwntAward Dear Charles:
Per your e-mail to Mike Scharp,attached please find our revised Bid Form for the
2004 USEPA above reference project
National Clean Water
Act IK PlaceAward Should you need anything else,please let us know.
for 816solidt
Exemplary
Management.--Large Sincerely,
Operating Program
Pam Albers
2004 RMWEA Assistant—Compliance& Contracts
RiOSo"40
Management M,erit pam.a.lbers@ aip kergg..com
Award Extension.226
Wayne Schuhz
2007 RMWEA
Blasolidc
Management Meru
Award
Mike Seharp
2010 RMWEA
Nosolidc
Management Merit
Award
Kipp Parker
aniour t of work actually performed and materials actually furnished and the estimated amount of work.
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.
By signing this document,Contractor certifies and represents that at this time.
(i) Professional shall confirm the employment eligibility of all employees who are newly
hired for employment in the United States; and
(ii)Professional has participated or attempted to participate in the Basic pilot Program.in
order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s)numbered through
UNIT
TOTAL
DID ITEM DESCRIPTION UNIT QUANTITY PRICE COST,,,
Performance Bond $ = y)
Payment Bond $�
Maintenance Bond $
tY1&lvvg acv) LS $ 0
$ ,qC) $�
$ $
L' $
TOTAL BID IN NUMBERS? 7,060
Total,bid in Words: C L L59UA e2YA �
BP1.971_dec 'BPI Pa
ntrector's Initials
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Agreement Professional Services Page 11
Ur IU: KS
ACO DATE(MMIDDNYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/08/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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).
PRODUCER Phone:308-254-2224 NAME:CONTACT
The Insurance Store,Inc. Fax:308-254-2229 PHONE Eat: FAx
P O Box 174 ac,No):
Sidney,NE 69162 ADDRESS —
Dennis R.Hicks PRODUCER
CUSTOMER ID,:
INSURER(S)AFFORDING COVERAGE NAIC M
INSURED Parker Ag Services,LLC INSURER A:Employers Mutual Company 21415
53036 State Hwy 71 INSURER B: _
Limon,CO 80828
INSURER C
INSURER D:
INSURER E:
INSURER r:
COVERAGES CERTIFICATE NUMBER: 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 W141CH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS ADDIL
LTR R POLICY NUMBER MMIDD/YYYY) (MMID Y
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00
A X COMMERCIAL GENERAL LIABILITY X X 4D13936 08/01/2013 08101/2014 PREMISES Ea Occurrence $ 100,00
CLAIMS-MADE rX]OCCUR MED EXP(Any one person) $ 10,00
X Explosion,Collap PERSONAL&ADV INJURY $ 1,000,00
X &Underground HaZ GENERAL AGGREGATE $ 2,000,00
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00
POLICY X PROT- LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00
A X ANY AUTO 4E13936 08/0112013 08101/2014 (Ea t)
BODILY LY INJURY(Per person) $
ALL OWNED AUTOS
BODILY INJURY(Per accident) $
SCHEOULED AUTOS PROPERTY DAMAGE $
X HIRED AUTOS (Per accident)
X NON-OWNEDAUTOS $
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00
EXCESS LIAR CLAIMS-MADE AGGREGATE $ 4,000,00
A — 4J13936 08/0112013 08101/2014
DEDUCTIBLE
FX RETENTION $ 10,000 $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER
ANY PROPRIETORIPARTNER/EXECVTIVE
OFFICERIMEMBER EXCLUDED? ❑ N/A
E.L.EACH ACCIDENT $
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A INLAND MARINE C13936 08/01/2013 08/0112014
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required)
ADDITIONAL INSURED & WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF ASPEN
CERTIFICATE HOLDER CANCELLATION
CITYASP
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
THE CITY OF ASPEN ACCORDANCE WITH THE POLICY PROVISIONS.
%DAVID HORNBACHER
130 SOUTH GALENA STREET AUTHORIZED REPRESENTATIVE
ASPEN,CO 81611 alll�- ? A
C 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - CONSTRUCTION CONTRACTS
INCLUDING COMPLETED OPERATIONS
This endorsement modifies the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to a. The preparing, approving, or failing to prepare
include as an additional insured any person or or approve maps, shop drawings, opinions,
organization when you have agreed in writing in a reports, surveys, field orders, change orders or
contract or agreement that such person or drawings and specifications;or
organization be added as an additional insured on b. Supervisory, inspection, architectural or
your policy. Such person or organization is an engineering activities.
additional insured only with respect to liability for
"bodily injury", "property damage" or "personal and C. The limits of insurance applicable to the additional
advertising injury"caused, in whole or in part, by: insured are those specified in the Declarations of
this policy or in the written contract or written
1. Your acts or omissions; agreement,whichever is lower.
2. The acts or omissions of those acting on your D. Any coverage provided hereunder shall be excess
behalf; over any other valid and collectible insurance
in the performance of: available to the additional insured whether that
a. your ongoing operations for the additional insurance is primary, excess, contingent or on any
insured; or other basis, unless you and the additional insured
have specifically agreed in a written contract or
b. "Your work" for the additional insured and written agreement that this insurance be primary.
included in the "products — completed
operations hazard". When coverage is provided on a primary basis we
will not seek contribution from any other insurance
B. With respect to the insurance afforded to these available to the additional insured if a written
additional insureds, the following additional contract or written agreement requires that this
exclusion applies: insurance be noncontributory.
This insurance does not apply to "bodily injury," E. All other terms and conditions of this policy remain
"property damage" and "personal and advertising unchanged.
injury" arising out of the rendering of, or failure to
render, any professional, architectural, engineering
or surveying services including:
f
CG7174.3(1-08) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN
CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GE14ERAL LIABILITY COVERAGE PART
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL
GENERAL LIABILITY CONDITIONS)is deleted and replaced by the following:
We waive any right of recovery we may have against any person or organization against whom you have agreed to
waive such right of recovery in a written contract or agreement because of payments H+e make for injury or damage
arising out of your ongoing operations or "your work" done under a contract with that person or organization and
included in the"products-completed operations hazard".
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDI3
10108/2013-
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Pinnacol Assurance
7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
Denver,CO 80230-7006 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Pinnacol Assurance 41190
ParkerAg Services LLC INSURER D:
53036 State Rd 71 INSURER C:
Limon,CO 80828 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDNG
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INS RD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YYYV) _ DATE(MMIDDIYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
CLAIMS MADE R OCCUR PREMISES
MED EXP(Any one person)
PERSONALS AOV INJURY
GEN'L AGGREGATE LIMIT APPLIERS PER- GENERAL AGGREGATE
POLICY PROJECT LOC PRODUCTS-COMPIOP AGG
AUTOMOBILE LIABILITT COMBINED SINGLE LIMIT
ANY AUTO (Es Acddenl)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per aaidant)
PROPERTY DAMAGE
(Per amidenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
AN V AUTO OTHER THAN EA ACC
AUTO ONLY: AG
EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE
OCCUR CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND A WC STATU• U OTHER
EMPLOYER'S LIABILITY
A 4123044 O5/01/2D13 05/0112014 TORY LIMITS
ANY PROPRIETOR/PARINERlE%ECUTIVE El EACH ACCIDENT $1,000.000
OFFICER/MEMBER EXCLUDED?
El DISEASE-EA EMPLOYEE $1,000,000
0 yes,Please describe under SPECIAL PROVISIONS below
El DISEASE-POLICY LIMIT 1 000 000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
1484210 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The City of Aspen THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
130 South Galena Street MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Aspen,CO 81611 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Sarah Bensman
ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988
CERTIFICATE HOLDER COPY
The City of Aspen
130 South Galena Street
Aspen, CO 81611
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 I
between the issuing insurer(s), authorized representative or producer, and the certificate
holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded
by the policies listed thereon.
i
BDA735016
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as, Parker AG
Services, LLC. having a legal business
g
address at 53036 Highway 71 Limon, CO 80828
a Corporation as Principal,hereinafter called"Principal%and
PAMCO Insurance Company
1100 Locust, Dept 2006 Des Moines, IA 50391-2006
a corporation organized under the laws of the State of Iowa and qualified to Ir t
business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto f
Aspen,a Colorado home rule municipality,as Obligee,hereinafter called'City",in the amount
Forty Five Thousand and Noll 00
in lawful money of the United States for payment whereof Principal and Surety bi their heirs,
executors,administrators,successors and assigns,jointly and severally,firmly un sent.
WHEREAS,Principal has by written agreement dated 20 entered
into a contract with City for _ in accordance with the Contract
Documents which Contract Documen s is by reference made a part hereof,and is hereinafter referred to as
the Contract.
NOW, THEREFORE, if..Principal shall well, truly and faithfully perform its duties, all the.undertakings,
covenants, terms, conditions and agreements of said Contract during the original term thereof, and any
extensions thereof which may be granted 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 shall
fully indemnify and save harmless City from all costs and damages which it may surfer by reason of failure to
do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making
good any default,then this obligation shall be void;otherwise it shall remain in full force and effect-
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Principal shall be, and declared by City to be in default under the Contract, the City having
performed Citys 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 its terms and conditions,and
upon determination by Surety of the lowest responsible bidder, or, it 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 there 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 contract price,
including other costs and damages for which the Surety may be liable hereunder,the amount set
forth in the first paragraph hereof. The term "balance of the Contract price" as used in this
paragraph, shall mean the total amount payable by City to Principal under the Contract and any
amendments thereto,less the amount property paid by City to Principal.
(3) Any contract or succession of contracts entered into hereunder for the completion of the Contract,
shall also be subject to this bond as part of the original Contract obligations.
P81-97i.doa "PB1 Page 1
This bond is intended to be in satisfaction of,and in addition to,the bond required pursuant to Section 38-26-
106,C.R.S.,as amended.
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 unliquidated 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
i
required to make under the law by any reason of such failure or default of the Principal.
Further,Surety and Principal shall protect,defend, indemnify and save harmless the City's officers, agents,
servants,and employees from and against all claims and actions and all expenses incidental to the defense
of such claims 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 on request of the
City Will assume the defense of any claim or action brought against the City.
No right of act' i rue on this Bond to or for the use of any person or corporation other than the City
named herein ��0t•. loyees,agents.administrators or successors of City.
SIGN AND LED this 1 Oh day of October 20_J3—.
P N Parker AG Services, LLC (seal)
By. Attest:
Title:
suR CO mance Company
.:.., (seal)
By. Attest:
•'°` `g AI TwJ:g"Or�ipany this bond with certified copy of General Power of Attomey from the Surety to include the
cddtAtf•the bond.(Date of Bond must not be prior to date of.Contract.)If Principal is Partnership,all partners
should execute Bond.
P81-971,doc "PB1 Page 2
V
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation
Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casually Insurance Company,an Iowa corporation
Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation
hereinafter referred to severally as the"Company'and collectively as the"Companies,"each does hereby make,constitute and appoint:
Sandra Alitz,Andy Andersen,Megan L.Bartlett,Bill R.Breckenridge,Anita R.Calderon,Laura Cateron,Kerry Christensen,Dana R.Clark,Keith E.Clements,
Morgan Collins,Susan K.Corey,Jeff Cose,William A Downing,Janelle Duffy,Janet Dutcher,Paulette M.Dyson,Melissa Evans,Matthew Gilmer,
Grant R.Goodenow,Cristopher Hansen,David E.Harbeck,Jesse Huston,Aaron J.Jamison,Robert N Johnston,Diana Kelly Mike Kuper,Ben Lewis,
John Linnenbach,Kristine Meyer,Beth Miller,Jeff Mohr,Elizabeth Moore,Stephen Moore,Becky Nichols,Ryan J.O'Lear,Michael Paez,Amy J.Palmer,
Spencer Paris,Andy Roby,Ashlee Schuling,Joshua Severson,Larry D.Slegh,Richelle L.Smith,Jeff Thelen,Patricia M.Venmace,Kim Wells,Carmon R.Wilson
each in their individual capacity,its true and lawful attomey-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature,in penalties not exceeding the sum of
FIVE MILLION AND NO 1100 DOLLARS (;5,000,000.00)
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all ads of said
Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
'RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to
authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,
contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the
business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted
hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company.'
"RESOLVED FURTHER,that such attomeys4n-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be
necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman ofthe board,the chief
executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,
contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the
2g day of April ,2013.
�:.:�°4p�' � �♦ Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Compan
and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,
UL, AMCO Insurance Company,Allied Property and Casualty Y Insurance Company,and Depositors Insurance
♦#4 ♦ �'r Company
ACKNOWLEDGMENT
k..... �,,qy�♦
STATE OF IOWA,COUNTY OF POLK: ss
•i$EAL.P On this 29 day of April •2013 before me came the above-named officer for the Companies aforesaid,to
♦ ♦ •. me personally known to be the officer described in and who executed the preceding instrument,and he
'�� �•' '�=�� acknowledged the
tion o the same,and being b hereto are the deposes and says,that he is the
officer corporate seals of said Companies,
and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the
AVIrflP' authority and direction of said Companies.
s>�L•, =sue.::
♦' . r ww,MUMS seas
'�
�, Notary Publ/ic
My Commission Expires
CERTIFICATE March 24,2014
I,Robert W Homer III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by
the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been
revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of thr
Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the
foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this I Oth day
of October 20 2013 .
Secretary
This Power of Attorney Expires 03/24/2014
BDJ 1 (0413)
BDA735016
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:That we,the undersigned,as,
Parker AG Services LLC having a legal business
s
address at 33036 Highway 71 Limon, CO 80828
nap s
a Corporation ,as Principal,hereinafter called"Principal",and
AMCO Insurance Com n
1100 Locust, Dept 2006 Des Moines, IA 50391-2006
a corporation organized under the laws of the State of Iowa and quay act business in the
State of Colorado, hereinafter called"Surety',are held and firmly bound unto the C a Colorado home rule
municipality,as Obligee,hereinafter called"City',in the amount of
Forty Five Thousand and Noll 00 (S 4 00AO ), in lawful
money of the United States for payment whereof Principal and Su selves, their heirs, executors,
administrators,successors and assigns,jointly acid severally,firmly unto 1 sent.
WHEREAS,Principal has by written agreement dated 20 ,entered into a contract with the City for
a project entitled: Sludgy' ReMOVal faoiect no.2ni-"flA t
in accordance with the Contract Documents which Contract 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
all 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 force and effect, subject,however,to the
following conditions:
1. 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
construed to include that part of water,gas,power,fight,heat,oil,gasoline,telephone service or rental equipment directly
applicable to the Contract.
2. The above-name Principal and Surely 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 ctaimanfs 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 claimant,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 furnished 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 some registered mad or
certified mail,postage prepaid, in an envelope addressed to the Principal,City or Surety,at any place where an office is
regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the
State of Colorado.
Y81-971.doc —Ml Page:1
(b) After the expiration of one (1) year following the date on which Principal 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 law.
(c) Other than in a state of competent jurisdiction in and for the County of Pitkin,State of Colorado.
4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder,
inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s),whether or
not claim for the amount of such lien be presented under and against this Bond.
5. This Bond is intended to be in satisfaction of,and in addition to,the bond required pursuant to Section 38-26-
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.
SIGNED AND SEALED this I 0th d $� �1er .20 13.
is
PRINCIPAL: Parker AG Serve , LL (seal)
By- Attest
Title:
SURETW:"A O Ins rance Company (seal)
By. Attest
�� -fide:,aliRiclraal act
�,NOTE:Accom�ny this bond with certified copy of General Power of Attorney from the Surety Company to include the
Mate of th .'(Date of Bond must not be prior to date of Contract). If Principal is a Partnership,all partners should
execdfe`3bYii:
YBt-971.doc "YB1 Page:2
f
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation
Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation
Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation
hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint:
Sandra Alitz,Andy Andersen,Megan L.Bartlett,Bill R.Breckenridge,Anita R.Calderon,Laura Cateron,Kerry Christensen,Dana R.Clark,Keith E.Clements,
Morgan Collins,Susan K.Corey,Jeff Cose,William A Downing,Janelle Duffy,Janet Dutcher,Paulette M.Dyson,Melissa Evans,Matthew Gilmer,
Grant R.Goodenow,Cristopher Hansen,David E.Harbeck,Jesse Huston,Aaron J.Jamison,Robert N Johnston,Diana Kelly,Mike Kuper,Ben Lewis,
John Linnenbach,Kristine Meyer,Beth Miller,Jeff Mohr,Elizabeth Moore,Stephen Moore,Becky Nichols,Ryan J.aLear,Michael Paez,Amy J.Palmer,
Spencer Paris,Andy Roby,Ashlee Schuling,Joshua Severson,Larry D.Slegh,Richelle L.Smith,Jeff Thielen,Patricia M.Vernace,Kim Wells,Carman R.Wilson
each in their individual capacity,its true and lawful attorney-in-fad,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature,in penalties not exceeding the sum of
FIVE MILLION AND NO 1100 DOLLARS ($5,000,000.00)
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said
Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attomeys-in-fact of the Company,and to
authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,
contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the
business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted
hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company'
"RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be
necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief
executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,
contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the
day of April ,2013.
c'
OF 37 6457 j�`�!l��♦' Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Compan
and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,
AMCO Insurance Company,Allied Property and Casualty Insurance Company,and Depositors Insurance
'•... ' _ ♦:: -� Company
ACKNOWLEDGMENT
Q\
/: d,r� . � �,,,•, / STATE OF IOWA,COUNTY OF POLK: ss
On this 30th day of Aoril .2013 before me came the above-named officer for the Companies aforesaid,to
•.:SEAL _ /-;
_ ♦ ,T—� me personally known to be the officer described in and who executed the preceding instrument,and he
Ar
♦,�=�� .– ♦,;= � acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the
officer of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,
` , and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the
"' ��� authority and direction of said Companies.
or
SEAL' /11SEA%: g
♦`�••... ,; -� Note Public
�
My Commission Expires
CERTIFICATE March 24,2014
1,Robert W Horner 111,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by
the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been
revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of tht
Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the
foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals off said Companies this 10th day
of October 20 2013 , L/"�'r -. )4
Secretary
This Power of Attorney Expires 03/24/2014
BDJ 1 (0413)
BDA735016
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned,as Parker AG
Services, LLC , of Limon, CO as
Principal,hereinafter refereed to as"Principar',and
AMCO Insurance 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 anal sum of:
o rve Thousand an
Dollars ($ 45i_ LOO _), lawful money of the United States of America, for the Pa an
which sum,well and truly to be made to the City,we bind ourselves,and our heirs,executors,adminis
successors,and assignees,jointly and severally,by these presents:
WHEREAS,said Principal has entered into a written Contract with the obligee dated
for fumishin all equipment, labor, tools and materials for:
Sludge kemoval in accordance with detailed plans and
specifications on fife in the office of the City Clerk of said City,a copy 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 Principal 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 life 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 the work,or
other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void
otherwise to remain in full force and effect in law.
This Bond guarantees that the material and equipment famished 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 year(s)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.
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The said Principal shall not be required to maintain any the improvement under this guarantee which,
after its completion and acceptance shall have been ill altered by the City or its agent.
SIGNED AND SEALED this dad October 203
PRINCIPAL: Parker AG Se ces C (seal)
BY' Attest:
Title:
SURETY: AM FO Insurance Company
(seal)
BY Attest:
Qp t.$TiWbclLael Past, act
pay this bond with certified copy of General Power of Attorney from the Surety Company to include
the date��8fih%bond.)
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KNOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney
Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation
Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation
Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation
hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint:
Sandra Alitz,Andy Andersen,Megan L.Bartlett,Bill R.Breckenridge,Anita R.Calderon,Laura Cateron,Kerry Christensen,Dana R.Clark,Keith E.Clements,
Morgan Collins,Susan K.Corey,Jeff Cosa,William A Downing,Janelle Duffy,Janet Dutcher,Paulette M.Dyson,Melissa Evans,Matthew Gilmer,
Grant R.Goodenow,Cristopher Hansen,David E.Harbeck,Jesse Huston,Aaron J.Jamison,Robert N Johnston,Diana Kelly,Mike Kuper,Ben Lewis,
John Linnenbach,Kristine Meyer,Beth Miller,Jeff Mohr,Elizabeth Moore,Stephen Moore,Becky Nichols,Ryan J.O'Lear,Michael Paez,Amy J.Palmer,
Spencer Paris,Andy Roby,Ashlee Schuling,Joshua Severson,Larry D.Slegh,Richelle L.Smith,Jeff Thielen,Patricia M.Vermace,Kim Wells,Carmon R.Wilson
each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature,in penalties not exceeding the sum of
FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said
Attorney pursuant to the authority given are hereby rated and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to
authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,
contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the
business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted
hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER,that such attorneys-in-fad shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be
necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief
executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,
contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the
day of April ,2013. �✓�`—_
i :-
A♦ Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Compan
and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company,
AMCO Insurance Company,Allied Property and Casualty Insurance Company,and Depositors Insurance
'ar,�i� \�=vim Company
ACKNOWLEDGMENT
/ , r •� •....`�,� STATE OF IOWA,COUNTY OF POLK: ss
On this 30'"day of April .2013 before me came the above-named officer for the Companies aforesaid,to
_ r me personally known to be the officer described in and who executed the preceding instrument, and he
�119`=VP =�� acknowledged the execution of the same,and being by me duly swom,deposes and says,that he is the
officer of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,ffi
-� 4t ����, and the said corporate seals and his signature were duly axed and subscribed to said instrument by the
`eje *I�/ ,,,� 0.6 authority and direction of said Companies.
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y+.. '.,� IOMa NapnM Seal
<iti:is � h—*. '°n^'°^^ �� Note Public
My Commission Expires
CERTIFICATE March 24,2014
I,Robert W Horner III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and cored copy of the original power of attorney issued by
the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been
revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the
Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the
foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this IOth day
of October 20 2013
Secretary
This Power of Attorney Expires 03/2412014
BDJ 1 (04131