HomeMy WebLinkAboutresolution.council.056-02
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RESOLUTION # 5b
(Series of 2002)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND ASPEN EARTHMOVING LLC, AND SETTING
FORTH THE TERMS AND CONDITIONS REGARDING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
','....
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado and Aspen Earthmoving LLC, and., a copy
of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the city of Aspen hereby approves that contract
between the City of Aspen, Colorado, and regarding, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager of
the City of Aspen to execute said contract on behalf of the City of Aspen.
Dated:
~ ~~~
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution ~doRted by.the City
Council of the city of Aspen, Colorado, at a meeting helctiOO'!
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CONTRACT FOR CONSTRUCTION
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THIS AGREEMENT, made and entered into on
ASPEN, Colorado, hereinafter
July 1, 2002, by and between the CITY OF
called the "City", and
Aspen Earthmoving LLC
"Contractor".
hereinafter called the
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: RED MOUNTAIN WATER LINE
IMPROVEMENTS , 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 seNices 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.
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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 SIX HUNDRED
SIXTY FOUR THOUSAND, FIVE HUNDRED FORTY FIVE DOLLARS ($ 664,545.04 )
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
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 obseNed 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.
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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.
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.
ATTESTED BY: ,,//
J!eaj.{~n&-
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
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City Engineering Department
By:.~I/-/?/~
l1:+tyi orne
ATTESTED BY:
CONTRACTOR:
BJiL--
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Title: ~1A.U\.Cc'-<-
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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.
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CERTIFICA TE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
)
)SS.
)
COUNTY OF
On this
day of
,20_, before me appeared
, to me personally known, who,
being by me first duly sworn, did say that s/he is of
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.
Notary Public
Address
My commission expires:
\\water\operations\citycQuncil\contracts\rdmtncntct.doc
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BOND NO. S9009946
.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned. as,
ASPEN EARTHMOVING, LLC
(p~.,dpJrs Ngm.)
having a legal business
address at P.O. BOX 1090, CARBONDALE, CO 81623
a
LIMITED LIABILITY COMPANY
(Co~iOJ'\f'j,rtnersl'11p,.orlt)dMdu;:d)
as Principal, hereinafter called "Principal", and
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(Nama of SUrely)
P.O. BOX 60130, GRAND JUNCTION, CO 81506
(Address of Suratv)
a corporation organized under the laws of the State of ARIZONA . 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;
SIX HtJN.DRED SIXTY FO!J!{ THOUSAND, FIVE I-nl'NDRED FORTY FIVE DOLLRAS
( $ 664 , 545 . 0 0 ) . in lawful money of the United States for payment whereof' Principal and Surety bind
themselves. their heirs, executors, admInistrators. successors and assigns, jointly and severally, firmly unto these
present.
WHEREAS,Principalhasbywritlenagreementdated JULY 1, .. .200;Sentered
into a contract with City for RED MOUN'TAIN WATER LINE IMPROVEMENTS. Proiect ND.,2002.o26 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, 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 suffer by reason of fa~ure 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
City's obligation hereunder, the Surety may promptly remedy the default or shall prompfly:
(1) Complete the Contract in accordance with iis terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in aCClOrdance with its 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 there should be a defauh or succession of
defaulis 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 properly 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.
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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
Coniract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated
and unliquidated damages. costs, reasonabl~ attorneys fees and expert witness fees, Including, without
limitations, the fees of engineering or architectural consultants.
Surety, for value received, hereby stlpulat.,s and agrees that to indemnifY and save harmless the City to the extent
of any and '1/1 payments in connection with the carrying out of the contract which the City may be required to make
under the law by any reason of such failure or default of the Principal.
Further, Surety and Principal shall protect, dElfend, 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 action shall accrue 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
12TH
day of
JULY
,2002 .
PRINCIPAL:
, LLC
By:
Attest:
(seal)
~~/ !I4{fhb
Trtfe:
SURETY:
(seal)
~ 1v#1(!IA~L
EILEEN A. BLANCHARD
Title: ATTORNEY-IN-FACT
WASHINGTON INTERNATIONAL INSURANCE
COMPANY
Allest /;il'~ ;~(! &?tdlt/$-
By:
"
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date
of the bond. (Date of BOnd must not be prior to date of Contract.) If Principal is Partnership, all partners should
execute Bond.
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PAYMENT BOND
BOND NO. S9009946
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Aspen EarthmovinQ LLC
legal business
having a
(Prlnqparal'lsI"l'1C)
address at
1818 Industry Place, Carbondale. CO
(PriI"lClpal'8 Mllres~)
a LIMITED LIABILITY COMPANY ,as Principal, hereinafter called "Prlncipai", and
(Corpol'::lllol'\ P;,rl.r>5rshIP, ot IndIVIdual)
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(Sl<rety'$M:lml!)
P.O. BOX 60130, GRAND JUNCTION, CO 81506
lSun:U'I'SMdres;l
a corporation organized under the laws of the State of Colorado, 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:
: SIX HUNDRED SIXTY FOUR THOUSAND, FIVE HUNDRED FORTY FIVE DOLLAR.S ($
664,545.04 ), in lawful money of the United States for payment whereof Principal and Surety bind themselves, their
heirs, exeoutors. adminIstrators, successors and assigns, jointiy and severally, firmly unto these present,
WHEREAS, Principal has by written agreement dated ..4!illL1. 2002_. entered into a contract with
City for a project entitled: Red Mountain Water Line Improvements (proiect no. 2002-026 )
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 TH.IS 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 shalf be void; othelWise it shall remain in full force and effect. subject, ho wever. to the
foliowing 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, light, heat, oil, gasoline. telephone service or rental equipment directly
applicable to the Contract.
2. The above-name Principal 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 claimanfs work or labor was done or performed or materials were fumished by such claimant. may sue on this bond
for use of such sums as may be justiy due claimant. and have execution thereon. The City shall nofbeliable 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 w~h 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 fumished 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 mail or
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1
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.
(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 limimtion
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 Sond shall be redUced to the extent of any payment or payments made hereunder,
inclusive of the payment by surely of liens or claims whiCh may be filed of record against the Improvem ent(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 _
12TH
day of
JULY
.2002.
PRINCIPAL: ASPEN EARTHMOVI
LC
By:
Attest
(sea~,
(~
Title:
SURETY: (~ASHINGTON INTERNATIONAL
By: W~Ilhlfv.~
EILEEN A. BLANCHARD
Trtle: ATTORNEY-IN-FACT
INSURANCE COMPANY.
Attest: &yb~e
1f3:?~./!/!;d--
(seal)
NOTE; Accompany this bond with certified copy of General Power 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.
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MAINTENANCE BOND
BOND NO. S9009946
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as
ASPEN EARTHMOVING, LLC ,of P.O. BOX 1090, CARBONDALE, CO 8162.:lasPrincipal,
hereinafter referred to as "Principal", and WASHINGTON INTERNATIONAL INSURANCE COMPANY , a
corporation organi<:ed under the laws of the State of ARIZONA , and qualified to transact
business in the State of Colorado, as "Surety'" are held and firmly bound unto the City of Aspen, ColoraQo, as
obligee, hereinafter referreQ to as "City," in the penal sum of:
SIX HUNDRED SIXTY FOUR THOUSAND, FIVE HUNDRED FORTY FIVE DOLLRAS ($664,545.00), lawful
money of the United States of America, for the Payment of which 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 enterecl into a written Contract with the obligee dated JULY 1 . 20 QL,
for furnishing all equipment, labor. tools and materials for:
RED MOUNTAIN WATER LINE IMPROVEMENTS - Preject No. 2002.026
in accordance with detailed plans and specifications on file 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 performe d, 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 furnished and used,and workmanship employed in the
performance of the work described in this Contract will be of such character and quaUty as to insure it to be free
from all defects and in continuous good order and in a condition satisfactory to the Goveming 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.
The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after
its completion and acceptance shall have been removed or altered by the City or its agent.
SIGNED AND SEALED this
12TH
day of
JULY
, 20...QL.
PRINCIPAL:
LLC
By:
Attest: .
(s~~
~
Title:
SURETY: WASHINGTON INTERNAl TONAL INSURANCE
(seal) 4 ~ 1Jt~
6y; 'j ~
EILEEN A. BLANCHARD
Title: ATTORNEY-IN-FACT
the Surety Company to include tha date of the bond.)
MB2002.doc
COMPANY
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Attest; ,.&?-.rJ2~ydw/Y<
(Accompany this bond wilh certlfi.d cop\, of General Power of Attomey from
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P"lle: 1
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100207
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing.under the laws of the State of Arizona and having its principal office in the City ofItasca,
Illinois, each does hereby make, constitute and appoint:
Eileen A. Blanchard and Timothy J. Blanchard
jointly or severally
its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, forand on its behalfandas)ts act and deed, bonds or other vvritings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contraCt or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: FIVE MILLION (5,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Corripanyand Washington InternationalInsurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifYing the attOrney named in the given Power
of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signanue of suchofflcers and the seal ot'the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bi~din,?' ~p~n, th:Som~any when so affixed and the furore with regard to any bond, undertaking or contract of surety to which it is attached.
~\\\'\C~~~~*~'!'I.~ffl;;;"'C 4 ". ~. ......"............ . ....._~ \\\\1I1"0".""blll
~ ~ .. 'r,S'.'Z ~ 0 . A\~\.\\\l.1Alll'.""
~t:$ ....~p'bR:.i...~t>~: $"';...~-,.....~...~J'~''\
~~/(p. .. '~\0:' By i~-"':--:.. ""~ ~
iiiJ i .' SEAL \ 6j\ p", D. Am".., P,~Id,.. & ChI,r E'tt,,,", Omtt"rW..hi"", r",,",,j'~'"''''"'tt C,m,,,, & ~~.\r.c,Q~p", ORA~E y~ ~
S~\i. :1913 .... 4J16~ Vlce President of North Amerlcan Specialty Insurllncc ComPllnr s~. ",SEAL. ;,gs
i~"'~!I-" "#-"~O~,,, ac2 -;.*~ '#l::
.:~r--,6...f>.I1A.MilS;....,S"-~\ ~'.'i7!"'ARJZONA..':'t> $
~,7.b:""""."'~ .~.., . __ '\,f%..,~~~~.... ...~~,...,$
'~I.Q"ON""J-,:.>>\\~,.,. By r.. * .,
?'llill.lIl11\\\\\'\ ,\ Steven P. AndersllD, Sr. Vice Prtsldent of Washington Internationllllnsurllnce Company & ",;"/j",;...i"\'\~~~"
Vice Presidcnt of North Amerlcan Specialty Insurancc Company
IN WITNESS WHEREOF, North Ainerican Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this ~ day of July . 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County ofDuPage
~day of July ,20~, before me, a Notary Public, personally appeared Paul D. Amstutz ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson ,
Sr. Vice President of Washington International Insurance CC!mpany & Vice President of North Americ.an Specialty Insurance Company, personally known
to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be
the voluntary act and deed of, their respective companies.
ss:
Yasmin A. Patel, Notary Public
I, James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of
North American Speciality Insurance Company, do hereby certify that 'the above and foregoing is a true and correct copy of a Power of Attorney given
by the companies, which is still in full force and effect.
OFFICIAL SEAL
YASMIN A pATEL
""-~ST"'TCO"M.uNot.
-QO--~'OW'_lt
~a.eF~
IN WITNESS WHEREOF, I have set my hand and affixed the seals of'the'Coinpanies this 12Tilday of JULY
2002 .
'-
~yj-~~
James A. Carpenter, Vice Prtsldent & Assistant Secretary of Washington International Insurance Company &
Assistant Sccrctllry of North Amerlelln Specilllity Insurance Compllny
i
, ','
ACORD. CERTIFICATE O'FLlABr1..,IIY'N:$l.I.l=t~NClispg~~lcs I DATE (MMlOOIVY)
07/12/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO fliGHTS UPON THE CERTIFICATE
Blanchard Insurance Group Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 60130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grand Junction CO 81506
Phone: 970-945-6203 Fax:970-945-1533 INSURERS AFFORDING COVERAGE
INSURED ;, " INSURER A-. ' Maryland Casualty Company
INSURER B: St. Paul Fire I< Marine Ins. Co
ASien Earthmoving, ~LC INSURER G: Pinnacol Assurance
& spen Iron Investments, Inc.
PO Box 1090 INSURER 0: National Union Fire Insurance
Carbondale CO 81623
i INSURER E:
COVERAGES
"'- ", .'~ . -. . "
THE POLICIES OF INSURANCE LISTED BELOW t-lAVEBEENls,s,l,JEDT01~H~ INSlJR.EDN~M'~p;A~\lEFCl,Fl !t-lEtf'OLiCV'PE~ldtjt,NDI(;~T~D.,f\l()'JY\II'l"HST A;NOING
ANY REQUIREMENT, TERM OR CONDITION OF MY CON}RACT OR O~HER 9b9lJ~~~T}~\lI:TI;i}:j!=SPE0,n:f\oV_HIC"'lrUS(:,EA!rF,IC,;\T~ ~AXB,E 19,s,LJED()R
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCJESOESCRfBE[)~HEF(~INI~;'StJ,BJ~,c:;T}OA;l~,THETEflMS, EXCLUSIONS AND cONorrloNS OF'SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED B'( PAID pt:.AiMS. .C" " '. " ,
'LTR TYPE OF INSURANCE POLICY NUMBER'>" DAT~M1DDIYY DATUMMli:iortvY" LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERAL LIABILITY CON25426884 05/01/02 05/01/03 FIRE DAMAGE (Anyone fire) $ 300,000
, J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10 ,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
IGEN'L AGGREGATE LIMIT APPLIEs PER: PRODUCTS - COMPIOP AGG $ 2,000,000
'1 POlIC'!"n fG& D LOC
AUTOMOBILE UABlUTY COMBINED SINGLE LIMIT
A X ANY AUTO CON25426884 05/01/02 05/01/03 (Ea accident) $1,000,000
~ ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
7 HIRED AUTOS BODILY INJURY
~ (Per accident) $
NON-OWNED AUTOS
I- PROPERTY DAMAGE $
(Per accident)
GARAGE UABIUTY AUTO ONLY. EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $ 9,000,000
D ,[!J OCCUR o CLAIMS MADE BE1399711 05/01/02 05/01/03 AGGREGATE $9,000,000
$
R DEDUCTlBlE $
RETENTION $ $
WORKERS COMPENSATION AND .1 TORY'L1MITS I IVEA-
EMPLOYERS'L1ABILITY
C 2276690 07/01/02 07/01/03 E.L. EACH ACCIDENT $ 500,000
E.L DISEASE. EA EMPLOYEE $500,000
E.l. DISEASE - POLICY LIMIT $500,000
OTHER
A Property CON25426884 05/01/02 05/01/03 Bldg I< Ct 1000 ded
B Contractors Equip IM08309799 , '05/01/02 05/01/03 Special 1000 ded
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Red Mountain Water Line ~rovements Project No. 2002-026
CERTIFICATE HOLDER . ..1 N..lADDITIONAL INSURED; INSURER LETTER: CANCELLATION , -'-
0000000 SHOULD ANY OF THE ABove DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSuRER WILLENDEAVOR'TOMAIC' ~ DAYS WRITTEN
City of Aspen NOTICE TO THE CERTIFICATE HOLDER NAMED TO THe LEFT, BUT FAILURE TO DO SO SHALL
130 So Galena St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Aspen CO 81611
REPRESENTATIVES. ..0,
AUTHORiZED REPRESENT ATiVE (--~c,," ,,'~
..L Cathy Sormners __, -c"'. ".'~-<.......A-o. ~
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ACORD 25-S (7/97)
@ACORDCORPORATION 1988
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ACORD. CERTIFICATE OF LIABILITY I~~,lJBANgJ;spi~~lcS , DATE (MMlDOIYY)
07/12/02
PRODUCER THIS CERTIFICATE IS ISSUE:D AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Blanchard Insurance Group Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 60130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grand Junction CO 81506 .
Phone: 970-945-6203 Faxi970-945-1533 INSURERS AFFORDING COVERAGE
INSURED INSURER k'. Maryland Casualty C0111pany
INSURER B: St. Paul Fire l'< Marine Ins. Co
ASian Earthmoving, ~LC INSURER c: Pinnacol Assurance
& span Iron Investments, Inc.
PO Box 1090 INSURER 0: National Union Fire Insurance
Carbondale CO 81623
I INSURER E:
COVERAGES
". """ ".' " '.""",',," 'ic',',"."'" ,
THE POLICies OF INSURANCELlSTED BELOW HAVEBE:EN ISSI/ED'J'<J: ,THE:IN~LJR'E[)~AMED AB()VE'Fc:>R:rH,E:~OLlc:Y PER,I()O ,IN[)lqA!EP:N()-rwgH~IA/IlrJING
ANY REQUIREMENT, TERM OR CONDITION OF ANy CONTRACT 'OR bTHERP'6C~'AAE~r:WI1it~?~~CT~T(fWfiJC~'i"Hfs'ct~RrfFfcATE>MAYeEISSUEo'6R .'. .
MAY PEATAlN, THE INSURANCE AFFORDED BYTHE POllc:IE~ OESe~(~E'P H~'BElr"nS,~cJBJECT}(YA!-LTHE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN'MAY HAVE BEEN REDUCED BY PAll) CLAIMS. . .,,:~
l'rfR TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDNY) DATE MMlDDIYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A 'X COMMERCIAL GENERAl LIABILITY CON25426884 05/01/02 05/01/03 FIRE DAMAGE (Anyone tire) $ 300,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10 ,000
PERSONAl & ADV INJURY $1,000,000
c- GENERAL AGGREGATE $2,000,000
- $2,000,000
GEN'L AGGilt'MIT APPLIES PER: PRODUCTS - COMP/OP AGG
II PRD~ n,
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
--:::- $ 1,000,000
A X ANY AUTO CON25426884 05/01/02 05/01/03 (Ea accident)
C-
ALL OWNED AUTOS BODILY INJURY
r- (Per person) $
'x SCHEDULED AUTOS
HIRED AUTOS 80DIL Y INJURY
'X (Per accident) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
==j ANY AUTO OTHER THAN EA ACC $
AUTO ONLY; AGG $
EXCESS LIABILITY EACH OCCURRENCE $ 9, ooe, 000
D ~ OCCUR o CLAIMS MADE BE1399711 05/01/02 05/01/03 AGGREGATE $ 9,000,000
$
FI DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND -LTO....RY L1MrrS I 10ER
C EMPLOYERS' lIABILITY 2276690 07/01/02 07/01/03 $500,000
E.L. EACH ACCIDENT
E.L. DISEASE ~ EA EMPLOYEE $ 500, 000
E.L. DISEASE - POLICY LIMIT $ 500, 000
OTHER
A Property CON25426884 05/01/02 05/01/03 Bldg l'< Ct 1000 ded
B Contractors Equip IM08309799 05/01/02 05/01/03 Special 1000 ded
DESCRIPTION OF OPERATlONSllOCATIONSNEHICLESlEXCLUSIONS ADDED'BYENDORSEMENT/SPECIAL PROVISIONS
Red Mountain Water Line Illlprovements Project No. 2002~O26
.
CERTIFICATE HOLDER . J N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..1L DAYS WRITTEN
City of Aspen NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
130 So Galena St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Aspen CO 81611 REPRESENTATIVES. n--
AUTHORIZED REPRESENTATIVE( -~~'--"---"-'-..-
I Cathy Sommers
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ACORD 25-S (7197)
@ACORDCORPORATION1988