HomeMy WebLinkAboutresolution.council.068-95
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RESOLUTION NO. hff
(Series of 1995)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND GMCO CORPORATION, SETTING FORTH THE TERMS AND
CONDITIONS REGARDING THE CHIP SEAL OF CEMETERY LANE, AND AUTHO-
RIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF ASPEN
WHEREAS, there has been submitted to the city Council a
contract between the city of Aspen, Colorado, and GMCO Corpora-
tion, a copy of which contract is annexed hereto and made a part
hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the city counci~ of the City of Aspen hereby approves
that contract between the City of Aspen, Colorado, and GMCO
Corporation for the chip seal of Cemetery Lane, a copy of which
is annexed hereto and incorporated herein, and does hereby autho-
rize the City Manager to execute said lease on behalf of the city
of Aspen.
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Dated:
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Johd S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting city Clerk do
certify that the foregoing is a true and accurate copy of that
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resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ~ ~~ , 1995.
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AGREEMENT
THIS AGREEMENT made as of the ~.. day of :::::;/#i---
_, 19~, by and between the CITY OF ASPEN, Colorado, &('Owner'') and
CORPORAtION ,
('Contractor'').
GMCO
WHEREAS, the Owner 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 titled: CITY
OF ASPEN, 1995 STREET IMPROVEMENT PROJECT, SCHEDULE B.
WHEREAS, Contractor, in response to such advertisement, or in response to
direct invitation, has submitted to the Owner, in the manner and at the time specified,
a sealed Bid in accordance with the terms of said Invitation for Bids; and,
WHEREAS, the Owner, 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 an Agreement therefore, for the sum or sums
named in the C'()ntractor's Bid;
NOW, THEREFORE, in consideration of the payments and Agreement
hereinafter 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 material, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the Work
described herein.
3.
The Contractor shall commence the work required by the Contract Documents
within seven (7) calendar days after the date of the NOTICE TO PROCEED and
will complete the same by the date and time indicated in the Supplemental
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 EIGHT
THOUSAND. THREE HUNDRED TWO DOLLARS AND NINETY-EIGHT CENTS
DOLLARS ($ 8,302.98 ) or as shown on the BID schedule.
5. The term "Contract Documents" means and includes the documents listed in
the Supplemental Conditions. The Contract Documents are included herein by
this reference and made a part hereof as if fully set forth here.
6. The Owner shall pay to the Contractor in the manner and at such time as set
forth in the General Conditions such amounts as required by the Contract
Documents.
7.
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 or in the Contract Documents, this
agreement shall be subject to the City of Aspen Procurement Code, Chapter 3
of the Municipal Code, including the approval requirements of Section 3-11.
This agreement shall not be binding upon the Owner unless duly executed by
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 Owner and the Contractor respectively and their agents,
representatives, employees, successors, assigns and legal representatives.
Neither the Owner 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 Contractor of
Owner may assign this Agreement in accordance with the specific written
consent, any rights to claim damages or to bring suit, action or other
proceeding against either the Owner or Contractor because of any breach
hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
10.
No waiver of default by either party of any terms, covenants or conditions
hereof to be performed, kept and observed by the other party shall be
construed, or operate as, a waiver of any subsequent default of any of the
terms, covenants or conditions herein contained, to be performed, kept and
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observed by the other party_
11.
The Parties agree that this Agreement was made in accordance with the laws of
the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of
this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13. This Agreement was negotiated and reviewed 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 Agreement.
14. The undersigned representative of Contractor, as an inducement to the Owner
to execute this Agreement, represents that s/he is an authorized representative
of the Contractor for the purposes of executing this Agreement and that s/he
has full and complete authority to enter into this agreement for the terms and
conditions specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
ATTESTED BY:
OWNER:
CITY OF ASPEN, COLORADO
By:
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APPROVED AS TO FORM:
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CONTRACTOR:
ATTESTED BY:
GMCO corporat~//.. ../ ;/
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BY:(;;--;:/
Richard Stephenson, President
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CONTRACTOR'S AFFIDAVIT
STATE OF COLORADO)
COUNTY OF PITKIN)
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The foregoing was acknowledged before me this
, 19 95 , by Richard Stephenson
President of
, Contractor.
13th day of September
, whose title is
GMCO Corporation
Witness my hand and official seal.
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My Commission expires: .,., f 1/ V; / q g
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BOND NO. 30661931
PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That
G.M.C.O. CORP.
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(Name of Contractor)
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P.O. BOX 1220.
CARBONDALE. CO 81623
(Address of Contractor)
a CORPORATION . as Principal, (Corporation,
Partnership, or.IndiYidual). hereinafter called Contractor, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Name-of Surety)
P.O. BOX 60130, GRAND JUNCTION, CO 81506
(Address of Surety)
as Surety, hereinafter called surety , are held and firmly bound unto The City of Aspen,
Colorado, a municipal corporation and home-rule City, as Obligee, hereinaftel"cal1ed-0wner,
in the amount of * ($ 8 . 3 0 2 . 9 8 ), in-lmVfu1
money of the United States for payment whereof Contractor and Slll"ety bind themselves, their
heirs, executors, administrators; successors and assigns, jointly and severally, fmnly by these
present.
WHEREAS, Contractor has by>'l'littenagreement dated ,19_,
entered. into a contract with {)wner for in accordance with the drawiIlgs and specifications
prepared by
(Here inset fulJ name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
',,--, NOW, THEREFORE, if Contractor shall welJ, 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 Owner, with or without
notice to the Surety and during the guaranty period, and if Contractor shall satisfy all claims
*EIGHT THOUSAND THREE HUNDRED TWO DOLLARS & 98/100
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and demands incurred under such Contract, and shall fully indemnify and save hannless the
Owner nom all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner 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 Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the
Owner having performed Owner's obligation hereunder, the Surety may promptly remedy the
default or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions, Or
(2) Obtain.a.bidor_bids for completingJhe Contractin_ac.cordance.with its terms
and conditions, and upon determination-by Surety of the lowest responsible bidder, or, If the
Owner elects; upon determination by the' Owner and Surety jointly of the lowest responsible
bidder, arrange for a.contract betweensuclt bidder and Owner, and make avallable as work
progresses -(even though there should be a default or succession-.of.defaults. under the.1Contr:act
or Contracts. of completion arranged under this paragraph) sufficient funds to pay the cost of
eompletion less the-balance of the contract price, including other eosts 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 Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid -by Owner to Contractor.
(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.
This bond-is intended to be in satisfaction of, and_in_ addition. to, the bond required
pursuant to Section- 380260106, C.R-S., as amended.
This bond, as a penalty and indemnification bond, shall also entitle Owner 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 Owner to the extent of any and all payments in connection with the carrying out
of the contract which the Owner may be required to make under the law by any reason of
such failure or default by the Contractor.
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Further, Surety and Contractor shall protect, defend, indemnify and save harmless the
Owner's officers, agents, servants, and employees from and against all claims and actions and
all expenses incidental to the defense of such daims 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 Owner will assume the
defense of any claim or action brought against the owner.
No right of action shall accrue on this Bond to or for the use of any person or
corporation other than the Owner named 'herein or the employees, agents, 'administrators or
successors of Owner,
IN WITNESS WHEREOF this instrument is executed in 3
which sl13l1 be deemed an original, this day of
COWlterparts, each one of
,19_
ATTEST:
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G.M.C.O. CORP. .~
Principal{i.e;Con~etor)
-~BY
Richard Stephenson, President
(Principal) Secretary
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Wi as to' Principal
BOX 1220, CARBONDALE, CO 81623
Address
P.O. Box 1770. Carbondale, CO 81623
Address
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FIDELITY AND DEPOSIT COMPANY OF J.\ARYT.ANn
By ~:~)iLLL Z;MA/~ Surety
PATRICIA A. TOUVE, ATTORNEY-IN~FACT
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(Surety)
Secreta
ry Attor
ney-in-
fact
P.O. ROX 60110, (;RAND ,TTTNr.1'TON. r.O Rl'iOIi
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Witn s as to Sur ty
Addrcss
,,--., Countersigned by:
P.O. BOX 60130, GRAND JUNCTION, CO 81506
Address
Colorado Resident Agent for Surety
NOTE: Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is
Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Depactment's most current list (Circular 570 as amended) and be authorized to transact
business.ln the._s.tate of
Colorado.
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BOND NO. 30661931
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
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G.M.C.O. CORP.
(Name of Contractor)
P.O. BOX 1220, CARBONDALE, CO 81623
(Address of Contractor)
a CORPORATION
(Corporation, Partnership, or Individual)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Name of Surety)
. as Principal, and
P.O. BOX 60130, GRAND JUNCTION, CO 81506
(Address. of Surety)
hereinafter called Surety, are held and Iimlly bound unto The City of Aspen, Colorado, a
municipal corporation and home-rule city, as Obligee, hereinafter oalled-elwner;-forthc use.
and' benefit of claimants as hereinbelow provided in the amount of *
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($3,302.98 ), for payment whereof Principle and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, finnIy by these
presents.
WHEREAS, Principle has by written agreement daled , 19_.
-entered into a contract-wIth-Owner for CITY OF ASPEN 1995 STREET IMPROVEMENT PROJECT
in accordance-with "Unnlrawings-and-specifications
prepared by
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
NOW, THEREFORE, lliE CONDITION OF TIDS OBLIGATION is such that, if Principle
shall promptly make payment to all claimants hereinafter defined, for all labor and material
used or teasonable 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, howeve., to
the following conditions:
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1. A claimant is defined as having a direct contract with the Principle or with a
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,
*EIGHT THOUSAND THREE HUNDRED TWO DOLLARS & 98/100
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gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable
to the Contract.
2. The above-named Principle and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defmed who has not been paid in full befordhe
expiration of ninety (90) days after the date on which the last of such claimant's work Or
labor was done or performed or materials were furnished by such claimant, may sue on this
bond for use of such sums as may be justly due claimant, and 'have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses' of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal
shall have given written notice to any two of the following: The Principal, the Owner, or the
Surety-above_named,..within_ninety (90).dayufter..such..c1almant die! or performed the last of
the work or labor, or furnished the last ofthe1l1aterial for which'said claim is made, stating
with substantial accuracy the-amount claimed and ihe 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 certified mail,,,postageprepald,.in.an
envelope addressed to the Principal, Owner 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 limitation pennitted by
such law.
(c) Other_than in ~e.o[competentjnrisdiction 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 Owner and Principal shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied. ,
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IN WITNESS WHEREOF, this instrument is executed in 3
coWlterparts, each one
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of which shall be deemed an original, tlns
day of
.19_
ATTEST:
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(principal) Secretary
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P.O. BOX 1220. CARBONDALE. co Rll\?1
Address
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as to Principal
p n Roy l??n r.~rhondale. r.O 81623
Address
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By+=J~..
Attorney-in-fact PATRICIA A. TOUVE.,
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Wi s .as to urety
P.O. BOX 60130, GRAND JUNCTION, CO 81506
Address
COuntersigned by:
P.O. BOX 60130, GRAND JUNCTION, CO 81506
Address
Colorado Resident Agent for
Surety
DATE: Date of BOND must not be prior to date of CONTRACT.
--" If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
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business in the State of Colorado.
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the Slale of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint Barry N. Blanchard, Patricia A. Touve
and Janet L. Neil, all of Grand Junction, Colorado, EACH..... .... ... ...... ...........
ItS true and Jawtul agent and Attorney-in-Fact, to make, execute, seal and ~r, for, and ~ behalf as surety, and as its act and deed:
any and all bonds and undertakings.......... ~...... ~.........................
e execution of such bonds or undertakings in pursuance~f presents, e as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly exec d aclmo by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper persons. powe attorney revokes that issued on
behalf of Barry N. Blanchard, etal d~ July ~ 986.
The said Assistant Secretary does hereby certify tha~<;J~~ set fo~~ reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is now in ~ ~~
IN WITNESS WHEREOF, the said Vice-Presiden Assistant <:to ry have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND DEPO~ MPANY flf1 RYLAND, this________________m__12~______m__mm_~~_day of
____________Q,J;_QJ;>_:~::--.--., A~~:~~~y ~ EPOSIT~ANY OF MARYLAND
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By
Assistant Secre~ .
STATE OF MARVLAND ( ~
COUNTY OF BALTIMORE ~ ss: ~
On thjs__L~_~_I1____day OL_____Q_~_t:_S'J:!_~_,______~.D. 19~2... before the subscriber, a Notary Public of the State of Maryland. duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrinen.
W'~ ~L L/L
- CAROLJ~FA~7y ~~---N~;~;; p:;;';;~
My Commission Expires____m________A_lJg9_~LL_122fL______~
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Anorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Anorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
REsOL YED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of anorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _____m_
day oL_________.____..__________, 19____.
L142& 020-0600
Assistant Secretary
:~-----------
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant
Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company
thereto. "
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CERTIFICATE OF1NSURANCE
CSR CS DATE (MM/DDIVVI
. GMC02-2 09/13/95
THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
The Linden Company
of Glenwood Springs, Inc.
P.O. Box 60130
Grand Junction CO 81506
y Sommers
.945-6203
ED
COMPANY
A Maryland Insurance Group
COMPANY
B Colorado Compensation Ins Auth
G M C 0 LLC of Colorado
and G M C 0 Corporation
P. O. Box 1220
Carbondale CO 81623
COMPANY
C
--
COMPANY
D
.. ..- ~ - -------,-- . .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
INDICA TED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EfFECTIVE POLICY EXPIRATION
DATE (MM/DDNY) DATE IMM/DDNY)
LIMITS
~NERAl LIABILITY
A X COMMERCIAL GENERAL LIABILITY EPA21095212
..D- l CLAIMS MADE W OCCUR
~ OWNER'S & CONTRACTOR'S PROT
12/31/94
GENERAL AGGREGATE ,2,000,000
12/31/95 PRODUCTS - COM PlOP AGG '1,000,000
PERSONAL & ADV INJURY ,1,000,000
EACH OCCURRENCE ,1,000,000
FIRE DAMAGE (Anyone flre) , 50,000
MED EXP (Any one person) , 5,000
12/31/95 COMBINED SINGLE LIMIT ,1,000,000
BODilY INJURY ,
{Per person)
BODilY INJURY ,
lPeraccident)
PROPERTY DAMAGE ,
~TOMOBllE LIABILITY
A ~ ANY AUTO
~ All OWNED AUTOS
~ SCHEDULED AUTOS
If. HIRED AUTOS
~ NON-OWNED AUTOS
~.RAGE lIABllIn
~ ANY AUTO
C-
ECA21054680
12/31/94
AUTO ONLY. EA ACCIDENT $
OTHER THAN AUTO ONLY: 1:''::/(\:,:,:,:,;:;::::::::,;:::::;:::::;:::<,;::::::::::::::::::
EACH ACCIDENT $
~EXC'ESS LIABILITY
A X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
B WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
UB71468913
12/31/94
12/31/95
AGGREGATE
EACH OCCURRENCE
AGGREGATE
Retention
X I STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE. EACH EMPLOYEE
,
,5,000,000
,
, 10,000
I
,100,000
,500,000
'100,000
THE PROPRIETOR/
PARTNERSIEXECUTIVE
OFFICERS ARE:
OTHER
R'NCL
EXCL
3162495
07/01/94
07/01/95
A Property
A Inland Marine
EPA21095212
EPA21095212
12/31/94
12/31/94
12/31/95
12/31/95
Prem 1-17
Equip S&U
$250ded/90%
1000ded/90%
DESCRIPTION OF OPERATIONS/lOCATIONSNEHIClES/SPECIAllTEMS
Certificate holder is additional insured regarding
City of Aspen 1995 Street Improvement Project
CERTIFICATE
CITYASP
_n..___ .._..
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAll
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,
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City of Aspen
130 S. Galena Street
Aspen CO 81611
ACORD 25.S 13/93}
BUT FAilURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
S~0~l!",so1llIl\7'''S(:c:.~' .PVV\.~ CORPORATION 1M3
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BOND NO. 30661931
PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That
G.M.C.O. CORP.
(Name of Contractor)
P.O. BOX 1220. CARBONDALE. CO 81623
(Address of Contractor)
a CORPORATION as Principal, (Corporation,
Partnership, or .IndiYiduaI).. hereinafter called Contractor, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Name-of Surety)
P.O. BOX 60130, GRAND JUNCTION, CO 81506
(Address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto The City of Aspen,
Colorado, a municipal corporation and home-rule City, as Obligee, hereinafter-caI1ed-0wner,
in the amount of * ($8.302.98 ), in-ImVfu1
money of the United States for payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators; successors and assigns, jointly and severally, firmly by these
present.
WHEREAS, Contractor has by "Wlittenagreement dated , 19_,
entered into a confractwith-()wned'or in accordance with the drawiI!gs and specifications
prepared by
(Here inset full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the
Contract.
-"-' NOW, TIIEREFORE, if Contractor shall well, truly and faithfiilly perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Contract during the original
term 1hereof, and any extensions thereof which may be granted by 1he Owner, wi1h or without
notice to the Surety and during the guaranty period, and if Contractor shall satisfy all claims
*EIGHT THOUSAND THREE HUNDRED TWO DOLLARS & 98/100
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and demands incurred under such Contract, and shall fully indemnify and save hannless the
Owner from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner 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 oftime made by the Owner.
Whenever COntractor shall be, and declared by Owner to be in default under the Contract, tile
Owner having performed Owner's obligation hereunder, the Surety may promptly remedy the
default or shall promptly:
(I) Complete tile Contract in accordance with its tenus and conditions, or
(2) Obtain-a.bidor.bids for completinglhe Contract in ac.cordancc. with its terms
and conditions, and upon detennination 'by Surety of the lowest responsible bidder, or, if the
Owner elects; upon determination by the. Owner and Surety jointly of the lowest responsible
bidder, arrange for a contract hetweensuch bidder and Owner, and make available as work
pmgresses'{even though there should be.a default or succession..of.ctefaults. under the.cContract
or Contracts of completion arranged under this .paragraph) sufficient funds to pay the cost of
eompletion 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 Owner to Contractor under the Contract and any amendments thereto, less the
amount properly paid -by Owner to Contractor.
(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.
This bondis intended to be in satisfaction of, and.in.addition to, the bond required
pursuant to Section- 380260106, C.R-S., as amended.
This bond, as a penalty and indemnification bond, shall also entitle Owner 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 witncss 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 Owner to the extent of any and all payments in connection with the carrying out
of the contract which the Owner may be required to make under the law by any reason of
such failure or default by the Contractor.
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Further, Surety and Contractor shall protect, defend, indemnify and save harmless the
Owner'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 Owner will assume the
defense of any claim or action brought against the owner.
No right of ac;tion shall accrue on this Bond to or for the use of any person or
corporation other than the Owner nmnedherein or the employees, agents,' administrators ur
successors of Owner.
IN WITNESS WHEREOF this instrument is executed in -2....- counterparts, each one of
which shall be deemed an original, this day of , 19 _
ATTEST: / G.M.C.O. CORP,"-7/
~y. ") ~' /. Principal (i.e'Con~./~~~) , /::/
_~...:f4td/L?~'/-~~ By -:kf~;;/V
. , Richard Stephenson, President
rincipal) Secretary
P.O. BOX 1220, CARBONDALE, CO
81623
Address
Wi
as to Principal
p n Rnx 1770. Carbondale, CO 81623
Address
FIDELITY AND DEPOSIT COMPANY OF MARYl.AND
BY~~
PATRICIA A. TOUVE, ATTORNEY-IN~FACT
Sunity
(Surety)
Secreta
ry Attor
ney-in-
fact
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P,O. BOX 60no. r.RAND TlTN(:'l'TnN. (:0 Rl'iOh
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business in the State of Colorado.
Page 6. of 3
BOND NO. 30661931
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
'-".
G.M.C.O. CORP.
(Name of Contractor)
P.O. BOX 1220, CARBONDALE, CO 81623
(Address of Contractor)
a CORPORATION
(Corporation, Partnership, or Individual)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Name of Surety)
. as Principal, and
P.O. BOX 60130, GRAND JUNCTION, CO 81506
(Address. of Surety}
hereinaftercal1ed Surety, are held and rundy bound unto The City of Aspen, Colel.'ado, a
municipal corporation and home-rule city. as Obligee. hereinafter oalled-ewner;-[orthc use'
and' benefit of claimants as hereinbelow provided in the amount of *
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($3,302.98 ), for payment whereof Principle and Surety bind themselves, their
heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Principle has by written agreement dated ,19_,
'entered into a contract-with'0wner for CITY OF ASPEN 1995 STREET IMPROVEMENT PROJECT
in accordance-with ihnlrawings-and--specifications
prepared by
(Here insert full name, title and address)
which contract 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 Principle
shall promptly make payment to all claimants hereinafter defined, for all labor and material
used or .-easonable requi.-ed 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:
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1. A claimant is defined as having a direct contract with the Principle or with a
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,
*EIGHT THOUSAND THREE HUNDRED TWO DOLLARS & 98/100
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gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable
to the Contract.
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2. The above-named Principle and Surety hereby jointly and severally agree with the
Owner that every claimant as hercin defined who has nut been paid in full before-the
expiration of ninety (90) days after the date on which the last of such claimant's work Or
labor was done or performed or materials were furnished by such claimant, may sue on this
bond for use of such sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment .of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal
shall have given written notice to any two of the following: The Principal, the Owner, or the
Surety.abo.ve-llllll1ed.-within_ninety (90)..days_aftersuclLclaimant did or .performed the last of
the work or labor, or furnished the last ofthelllaterial for which-said claim is inade, stating
with substantial accuracy the-amount. claimed and 1he 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 certified'mail,.postage:.prepaid,in.an
envelope addressed to the Principal, Owner 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.
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(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 minimtun period of limitation pennitted by
such law.
(c) Other _tbanin aMate-oLcompetentjurisdiction in..and. for the County of
Pitkin, State of Colorado.
4. The am01.U1t 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
he 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 fmal settlement between the Owner and Principal shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied. ,
IN WITNESS WHEREOF, this instrument is executed in 3
counterparts, each one
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of which shall be deemed an original, this
A TrEST:
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(principal) Secretary
~~~~
. WI as to Principal
day of
.19_
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G.M(C~O. co . "'; --,/
/<prin.Ci~~V /
Ily ~~4/
Richard Stephenson, President
-.-.-,----..--
P.O. BOX 1220. CARBONDALE. m Ill!;?1
Address
P.O. Box 1220, Carbondale, CO 81623
Address
ATTEST:
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FIDELITY AND DEPOSIT COMPANY OF MARY~AND
BYy(j~~
Attorney-in-fact PATRICIA A. TOUVE,
P.O. BOX 60130, GRAND JUNCTION, CO 81506
Address
Countersigned by:
P.O. BOX 60130, GRAND JUNCTION, CO 81506
Address
Colorado Resident Agent for
Surety
DATE: Date of BOND must not be prior to date of CONTRACT.
'-, If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Depamnent'smost current list (Circular 570 as amended) and be authorized to transact
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Address
Countersigned by:
P.o. BOX 60130, GRAND JUNCTION, CO 81506
Address
Colorado Resident Agent for Surety
NOTE: Date of BOND must not be prior to dale of CONTRACT. If CONTRACTOR is
PartnerShip, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Tte!lsury
Department's most current list (Circular 570 as amended) and be authorized to transaet
businessJn. the..State of
Colorado.
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT. JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint Barry N. Blanchard, Patricia A. TOlive
and Janet L. Neil, all of Grand Junction, Colorado, EACH... ... .... ......... ... ....
J S rue an aw agent and Attorney-in-Fact, to make, execute, seal and d~, for, and o~behalfas surety, and as its act and deed:
any and all bonds and undertakings.. .... .... ~...... ~. .......... ...... ........
e execution of such bonds or undertakings in pursuance of tb~resents, as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly execu4-.~cknoW y the regularly elected officers of. the Company
at its office in Baltimore, Md., in their own proper persons. ~~ powe~ attorney revokes that Issued on
behalf of Barry N. Blanchard, etal da~uly 2~~86.
The said Assistant Secretary does hereby certify that th~~:set fo~ ~reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is now in~o ~ <<_ ~
IN WITNESS WHEREOF, the said Vice-President ssistant ry have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND DEPOS PANY 9t.,N RYLAND, this_________________________L~!:E____________________day of
--:=e- A~;~:;'~I0~"':0&~- 0' MAm~
~..c.' I'~ By
Assistant SecreJa~ .
STATE OF MARYLAND ( SS. ~
COUNTY OF BAL llMORE ). ~
On this___L2_~_tI____day OL______Q_~~_2.Q_'=E_____~. 19~L~L, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
~e CAROL.-J~FA~W'~-N;;~;;:P~b;;~
~iiiiS My Commission Expires________"'_~gR~L.L.J.29..!i__________
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the ]6th day of July, ]969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this __~
day oL_____________________________________, ]9-____.
LI428, 020-0600
-----~~i';:;;;;;-secte;;;;;--
---
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant
Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company
thereto. "
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CERTIFICATE OF INSURANCE
CSR CS
GMC02-2 09/13/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
DATE {MM/DDNYI
PRODUCER
The Linden Company
of Glenwood Springs, Inc.
P.O. Box 60130
~~~nd Junction CO 81506
COMPANY
A
Maryland Insurance Group
COMPANY
B
Colorado Compensation Ins Auth
G M C 0 LLC of Colorado
and G M C 0 Corporation
P. O. Box 1220
Carbondale CO 81623
COMPANY
C
COMPANY
D
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 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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMMIDDNYI DATE (MMIDDNYI
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000
A COMMERCIAL GENERAL LIABILITY EPA21095212 12/31/94 12/31/95 PRODUCTS - COMP/OP AGG $1,000,000
CLAIMS MADE [If] OCCUR PERSONAL & ADV INJURY $1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
FIRE DAMAGE (AllY olle fire) 50,000
MED EXP (AllY olle persolll 5,000
AUTOMOBILE LIABILITY $1,000,000
ECA21054680 12/31/94 12/31/95 COMBINED SINGLE LIMIT
A ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS {Perpersonl
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Peraccidentl
GARAGE LIABILITY
ANY AUTO
PROPERTY DAMAGE
AUTO ONLY - fA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE $5,000,000
12/31/94 12/31/95 AGGREGATE
Retention 10,000
X STATUTORY LIMITS
EACH ACCIDENT $100,000
07/01/94 07/01/95 DISEASE - POLlCY LIMIT $500,000
DISEASE - EACH EMPLOYEE $100,000
12/31/94 12/31/95 Prem 1-17 $250ded/90%
12/31/94 12/31/95 Equip S&U 1000ded/90%
EXCESS LIABILITY
A X UMBRELLA FORM UB71468913
OTHER THAN UMBRELLA FORM
B WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/ INCl 3162495
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
OTHER
A Property EPA21095212
A Inland Marine EPA21095212
DESCRIPTION OF OPERATJONSILOCATJONSNEHIClES/SPECIAl ITEMS
Certificate holder is additional insured regarding
City of Aspen 1995 Street Improvement Project
CERTIFICATE HOLDER
CITYASP
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAil
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,
BUT FAilURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES,
AUTHORJZED REPRESENTATIVE
SOlll1ll..".e.,.,.,'.l:",s (/~c: t?W\.vwLQ
" 'i .ii ....... @ACORD CORPORATION 1993
City of Aspen
130 S. Galena Street
Aspen CO 81611
ACORD 25.S (3/931