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HomeMy WebLinkAboutC13-086 GMCO Corporation AgreementAGREEMENT BETWEEN EAGLE COUNTY AND GMCO CORPORATION FOR THE SUPPLY AND DELIVERY OF MAGNESIUM CHLORIDE THIS AGREEMENT is dated as of the 4 day of /20l3,by and between Eagle County,Colorado,a body corporate and politic,acting by afid through its Board of County Commissioners (hereinafter called “County),and GMCO CORPORATION,a Colorado corporation with its principal place of business at 22$Powerline Road,Rifle,Colorado $1650 (hereinafter called “Vendor”). County and Vendor,in consideration of the mutual covenants set forth,agree as follows: ARTICLE 1 -PRODUCT Vendor shall supply and deliver to County a magnesium chloride product that contains a minimum 30%magnesium chloride (the “Product”)as more specifically provided in Vendor’s bid,which is attached hereto as Exhibit A and incorporated by this reference.County has no obligation to purchase any amount of the Product.The Product will be available as set forth in Exhibit A and will be purchased by County at County’s sole discretion. ARTICLE 2 -COUNTY’S REPRESENTATIVE The Eagle County Road &Bridge Director,or his designee shall be the County’s representative for this Agreement. ARTICLE 3 -CONTRACT TIME 3.1 Vendor will make the Product available in the quantities and locations identified in Exhibit A from April 15,2013 through November 30,2013. 3.2 Liquidated Damages:County and Vendor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Product is not available as specified in paragraph 3.1.They also recognize the delays,expense,and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by County if the Product is not available on time.Accordingly,instead of requiring such proof,County and Vendor agree that as liquidated damages for delay (but not as a penalty)Vendor shall pay County Three Hundred dollars ($300.00)for each day the Product is not available as set forth in Exhibit A. 3.3 County may terminate this Agreement,in whole or in part,for any reason,at any time, with or without cause.Any such termination shall be effected by delivery to Vendor of a written notice of termination specifying the date upon which termination becomes effective.In such event,Vendor shall be compensated for all Product delivered and accepted by County prior to the date of termination.Any guarantees or warranties with respect to the Product delivered shall survive termination. ARTICLE 4-CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. 4.2 F or the Product provided hereunder,County will pay Vendor the amounts provided in Exhibit A.The unit price for the Product as in Exhibit A will not change without a signed amendment to the Agreement. 4.3 Payment will be made for magnesium chloride accepted by County and will be paid within thirty (30)days of receipt of a proper and accurate invoice from Vendor.The invoice shall include the quantities of and location of the Product sold to County under this Agreement. Upon request,Vendor shall provide County with such other supporting information as County may request. 4.4 County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.5 The signatories to this Agreement aver to their knowledge,no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement.Vendor has no interest and shall not acquire any interest,direct or indirect,that would conflict in any matter or degree with the performance of Vendor’s services and Vendor shall not employ any person having such known interests. 4.6 Notwithstanding anything to the contrary contained in this Agreement,County shall have no obligations under this Agreement after,nor shall any payments be made to Vendor in respect of any period after December 3lwithout an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,Title 30 of the Colorado Revised Statutes,the Local Government Budget Law (C.R.S. §29-1-101 et seq.)and the TABOR Amendment (Colorado Constitution,Article X,Sec.20). ARTICLES-VENDOR’S REPRESENTATIONS In order to induce County to enter into this Agreement Vendor makes the following representations: 5.1 Vendor shall supply and deliver the magnesium chloride in the time frames and as provided in Exhibit A. 5.2 Vendor has familiarized himself with the nature and extent of the Contract Documents, Work,locality,and with all local conditions,and federal,state,and local laws,ordinances,rules and regulations that in any maimer may affect cost,progress,or performance of under this Agreement. 5.3 Vendor has made,or caused to be made,examinations,investigations,and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price,within the Contract Time,and in accordance with other terms and conditions of the Contract Documents;and no additional examinations,investigations,tests, reports,or similar data are,or will be required by Vendor for such purposes. 2 5.4 Vendor will be responsible for supply and delivery of the Product to County in a professional and competent manner and in accordance with the standard of care,skill and diligence applicable similar vendors supplying similar Product. 5.5 Vendor warrants merchantability and fitness for its intended use and purpose. 5.6 All guarantees and warranties related to the Product furnished to Vendor by any manufacturer or supplier are for the benefit of County. 5.8 Vendor assumes all risk of loss with respect to the Product until the Product is delivered to the County,at which time County shall assume all risk of loss with respect to the Product. Title shall pass to County after Vendor has delivered the Product and County has inspected and accepted the Product. 5.9 Within a reasonable time after receipt of written notice,Vendor shall correct at its own expense,without cost to County any defects in the Product which existed prior to or during the period of any guarantee or warranty provided in this Agreement. 5.10 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have Vendor in law or in equity. ARTICLE 6-MISCELLANEOUS 6.1 No assignment by a party hereto of any rights under,or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically,but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 6.2 County and Vendor each binds himself,his partners,successors,assigns and legal representatives to the other party hereto,in respect to all covenants,agreements,and obligations contained in the Agreement. 6.3 INTEGRATION:This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto,either verbal or written,and the same not expressly contained herein are hereby withdrawn and annulled.This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 6.4 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof,and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 6.5 This Agreement may be amended upon mutual agreement,in writing,signed by both parties. 6.6 NOTICE:Any notice and all written communications required under this Agreement shall be (i)personally delivered,(ii)mailed in the United States mails,first class postage prepaid, or (iii)transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County:With a copy to: Board of County Commissioners,Eagle County Road &Bridge Eagle County,Colorado P.0.Box 250 P.0.Box 850 Eagle,CO $1631 Eagle,CO 81631 Telephone:(970)328-3540 Telephone:(970)328-8605 fax:(970)328-3546 Fax:(970)328-7207 Vendor: GMCO Corporation P.O.Box 1480 Rifle,CO $1650 Mailed notices will be deemed given three business days afler the date of deposit in a regular depository of the United States Postal Service,and Fax notices will be deemed given upon transmission,if during business hours,or the next business day.Either party can change its address for notice by notice to the other in accordance with this paragraph. 6.7 This Agreement represents the entire Agreement between the parties hereto.There are no Contract Documents other than this Agreement and Exhibits A and B hereto.The Agreement may only be altered,amended,or repealed in writing. ARTICLE 7-JURISDICTION AND VENUE: 7.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof.Venue shall be in the Fifih Judicial District for the State of Colorado. 7.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement,or the obligations,duties or rights of the parties hereunder,or if suit otherwise is brought to recover damages for breach of this Agreement,or an action be brought for injunction or specific performance,then and in such events,the prevailing party shall recover all reasonable costs incurred with regard to such litigation,including reasonable attorney’s fees. ARTICLE $-PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Vendor has any employees or subcontractors,Vendor shall comply with C.R.S.§8-17.5-101, et seq.,regarding Illegal Aliens —Public Contracts for Services,and this Contract.By execution of this Contract,Vendor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Vendor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”)in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 4 8.1.Vendor shall not: (i)Knowingly employ or contract with an illegal alien to perform work under this contract for services;or (ii)Enter into a contract with a subcontractor that fails to certify to the Vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 8.2.Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program,as administered by the United States Department of Homeland Security.Information on applying for the E verify program can be found at: 8.3.The Vendor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 8.4.If the Vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien,the Vendor shall be required to: (i)Notify the subcontractor and the County within three days that the Vendor has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and (ii)Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1)of the paragraph (D)the subcontractor does not stop employing or contracting with the illegal alien;except that the Vendor shall not terminate the contract 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. 8.5,The Vendor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S.§8-17.5-102(5). 8.6.If a Vendor violates these prohibitions,the County may terminate the contract for a breach of the contract.If the contract is so terminated specifically for a breach of this provision of this Contract,the Vendor shall be liable for actual and consequential damages to the County as required by law. 8.7.The County will notify the office of the Colorado Secretary of State if Vendor violates this provision of this Contract and the County terminates the Contract for such breach. ARTICLE 9-INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in,or be construed as establishing,an employment relationship between County and Vendor or County and Vendor’s employees.To the extent applicable,Vendor and its employees shall be,and shall perform as,independent contractors.No officer,agent, subcontractor,employee,or servant of Vendor shall be,or shall be deemed to be,the employee, agent or servant of County.Vendor shall be solely and entirely responsible for the means and methods to carry out any services that may be required under this Agreement and for Vendor’s acts and for the acts of its officers,agents,employees,and servants during the performance of this agreement.Neither Vendor nor its officers,agents,subcontractors,employees or servants may represent,act,purport to act or be deemed the agent,representative,employee or servant of County. ARTICLE 10-INSURANCE REQUIREMENTS 10.1 At all times during the term of this Agreement,Vendor shall maintain insurance on its own behalf in the following minimum amounts: 10.1.1 Workmen’s Compensation,disability benefits,and other similar employee benefit acts,with coverage and in amounts as required by the laws of the State of Colorado; 10.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage,each occurrence.All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 10.1.3 Comprehensive liability and property damage insurance issued to and covering Vendor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured,in the following minimum amounts: Bodily Injury Liability: Each Person:$1,000,000 Each Accident or Occurrence:$1,000,000 Property Damage Liability: Each Accident or Occurrence:$1,000,000 10.2 Vendor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. 6 IN WITNESS WHEREOF,the parties have executed this Agreement this _____ day of ______________ 2013. EAGLE COUNTY,COLORADO By and through its Board of County Commissioners ATTEST -N “. By f’f--o y ___________________________ Clerk of the Board’of Jon Staney,Chthrman County Commissioners GMCO CORPORATION JHenderson Tit1e:Pesident STATE OF COLORADO ) )ss: County ofEage’) The foregoing instrument was acknowledged before me by / 4 ,2013.I ionpire2i3 -/6 Notary Public EXHIBIT “A” EAGLE COUNTY 2013 MAGNESIUM CHLORIDE PROJECT Description Supply magnesium chloride for pick up and distribution by Eagle County staff $302,900.00 Project notes: 1 Bid prices to be f o.b Glenwood Springs rail yards,Devereux Road,Glenwood Springs,and Gypsum rail yards on Rairoad Avenue in Gypsum,CO 2 Contractor shall have a minimum of 30000 gallons of magnesium chloride available for pick-up from 6:00 am.to 7:00 p.m.,Monday thru Friday beginning April 15th,2013 and continuing thru November 30th, 2013 at Glenwood Springs rail yards. 3 Contractor shall have a minimum of 40000 gallons delivered per occurrence to Gypsum rail yard within 10 days of “reqciest to deliver from Eagle County Deliveries shall occur as needed by “request to deliver”from Eagle County beginning April 15,2013 through November 30th,2013, 4 The magnesium chloride product that is bid shall contain a minimum of 30%magnesium chloride. Location Glenwood Springs and Gypsum rail yards (0 TOTAL FOR PROJECT Company name (bidder):,GMCO Corporation Hocesy.;rltegrit;ana corn/ri vnen srce 7954 P0 iQ CO 8660 Of’ice 970-626-3100 •Fax:970-625-9’0 •To ‘rae 800-24%-248 gmcocoro corn Gordon Adams Director Eagle County Road &Bridge Dept. P.O.Box 250 Eagle,CO 81631 Re:2013 Supplying of Magnesium Chloride Project GMCO would like to make Eagle County aware that use of the Gypsum,CO Team Track is at the discretion of Union Pacific Railroad.GMCO is approved for use of the team track and we have included a copy of the agreement.Other bidders should also supply proof of their ability to use the team track.In 2012,there were no issues with railcars moving in and out of the Gypsum spur,but there is always a possibility. If for some reason the UPRR decides they need the track to store equipment on,we will not be able to use the track.It is a Team Track and that is the nature of their use. As in the past,the local train delivers and picks up railcars on Monday afternoon unless Monday is a Holiday.Railcars would need to be released after two days from the spot time to avoid UPRR demurrage charges.I have also included a letter from our UPRR Representative stating that demurrage is $70.00 per day after two days for private railcars. GMCO will supply fittings for the unloading of the cars if necessary.It takes approximately 10 —14 days to get railcars to Gypsum from the order date. If you have any questions please let me know. Thank ou, Jere enderson President GMCO Corporation March 5,2013 o .0 BID FORM PROJECT IDENTIFICATION:2013 Supplying of Magnesium Chloride Project THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 500 Broadway Eagle,Colorado 81631 Mailing:Eagle County Road &Bridge Department Aun:Gordon Adams,Director P.O.Box 250 Eagle,CO 81631 Physical:3289 Cooley Mesa Road •Gypsum,Colorado 81637 1.The undersigned BIDDER proposes and agrees,if this bid is accepted,to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all work as specified or indicated in the Contract Documents for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents 2.BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of bid security.This bid will remain open for thirty (30)days after the day of bid opening.BIDDER will sign the Agreement and submit the contract security and other documents required by the Contract Documents within fifteen (15)days after the date of OWNER’S Notice of Award. 3.In submitting this bid,BIDDER represents,as more filly set forth in the Agreement,that: (a)BIDDER has examined copies of all the Contract Documents and of the following addenda: Number (No addenda to Date)None C C (Receipt of all of which is hereby acknowledged)and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; (b)BIDDER has examined the site and locality where the work is to be performed,the legal requirements (federal,state,and local laws, ordinances,rules,and regulations),and the conditions affecting cost, progress,or performance of the work,and has made such independent investigations as BIDDER deems necessary; (c)This bid is genuine,and not made in the interest of,or on behalf of,any undisclosed person,firm,or corporation,and is not submitted in conformity with any agreement or rules of any group,association, organization,or corporation;BIDDER has not,directly or indirectly, induced nor solicited any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person,firm,or corporation to refrain from bidding;and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4.BIDDER will complete the work for the following lump sum and unit prices: PLEASE USE EXHIBIT “A”FOR BID PRICES 5.BIDDER agrees that work will be completed on or before November 30.2013. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6.The following documents are attached to and made a condition of this bid: (a)Required bid security in the form of a certified or bank check or bid bond. 7.Communication concerning this bid shall be addressed to the address of BIDDER indicated below: GMCO Corporation P.O.Box 1480 Rifle,Co 81650 Phone Number 970—625—9100 Doratiofl By:GMCO Corporation (Corpomtion Name) Colorado (State of Corporation) By: ______ Jerem Henderson (Name of Person Authorized to Sign) President (Title) (CORPORATE SEAL) At te ___________ Buiness Address:O.Box 1480 Rifle,CO 81650 Phone Number:97062591 00 8.The tel-ms used in this bid which are defined in the Genera!Conditions of the construction contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON March 5 2OI3. No Addendums BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersioned,GMCO Corporation —__________________ P.Box 1480,Rifle.CO 81650 as Principal,and ______________________________ as Surety,are hereby held and firmly bound unto ______ as OWNER in the penal sum of ________________________________________________ for the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,successors and assigns. Signed.this 16 day of Match ________ ,2013 _____ The Condition of the above obligation is such that whereas the Principal has submitted to Eagle County Road &Bridge a certain BID,attached hereto and hereby made a part hereof to enter into a contract in writing,for the 2013 Magnesium Chloride Project NOW,THEREFORE, (a)If said BID shall be rejected.or (b)If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID)and shall furnish a BONL)for his faithful performance of said contract,and for the payment of all persons performing labor or furnishing materials iii connection therewith,and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void,otherwise the same shall remain in force and effect;it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as herein stated. Page 1 ci 2 xap The Surety.for value received,hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such 131D;and said Surety does hereby waive notice of any such extension. IN WITNESS WI-IEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their coliorate seals to be hereto affixed and these presents to he signed by their proper officers. the day and year first set forth above. cpçpprajo (LS) Prtnctpat By: 1er,ienderson;President Washgton International Insurance Company Surety By: IMPORTANT —Surety companies executing BONDS must appear on the Treasury Departments most current list (Circular 570 as amended)and be authorized to transact business in the state where the project is located. Ashley K.And Page 2 of 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASH INGTON INTERNATIONAL INSURANCE COMPANY GENERAl,.POWER OF ATTORNEY KNOW ALL MEN BY THESE PRLS[.NTS.THAT North American Speetalt Insurance Compan a corporation duls oratuted and e\ist:ng under lass s of the State ofNea Hampshire.and has too its principai oflice in the City of Manchester.Ness Hampshire.and \Vashitiizton Inreinationci Insurance Companr ,a corporation oroanized and existing under the lass s of the State of Ness Hampshire and has ing its principal 010cc in the City 0! Sehaumhurg.Illinois.each does hereby make,constitute and appoint: TIMOTHY J.BLANCHARD.ANDREW P.WALTERS. ANITA C.KELLER.ASHLEY K.ANDERSON and JON\TFIAN 3.LAND JOINTLY OR SEVERALLY Its IrLie and lao ful .\ttomeyts)-in-Fact.to make,execute.ceal and delis er.for and on its behalt’and as its act and deed,bonds or other o rtitngs obligaton itt the nature ofa bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by lass.regulation,contract or otheris se.pros ided that no bond or undertaking or contract or surety ship executed uttder this authority shall e\ceed the amount of:FIFTY NIh ION (550,000,00000)DOLLARS Thts Posser of Attorney ts granted and is signed by f’acstmile under and by’the authority of the folloss ing Resolutions adopted by the Boatds of Directors of both North Amet tean Specialty Insurance C ompany and Washington International Insut ance Compatis at mcetinizs duly called and held on the 9°of May,2012: “RESOLVLD,that any too of the Presidents,any Managing Director,any Sentor Vice President.any Vtce President.any Assistant Vtce President. the Secretar’s or an’s Assistant Secretary be,and each or any of them hereby is authori7ed to execute a Poss er of Attorney qualify tng the attontey natited itt the eo en Poo er 01’Attontey to execute on behalf of’the C ompany bonds,undertakings and all contracts of sLircty and that each or any of them hereby is authorized to attest to the executton of any such Poo er of Attorney’and to attach thet em the seal of the C’otnpany ;and tt ts FURThER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any’such Poss cr01 Attorney or to ans certificate relating diet eto by facsimile,and any such Poss er of Attorney or certi flc,stc bearing such facsimile signattires or Ctcsunile seal shall be binding upon the Compan is lien so affixed and in the future is t th regard to any bond,utsderiaktng or cotltt act ot’surety to is hich is at t,ched. ,555iitiIIiWii,5 “+!‘‘-:‘0 /..,,.“. a:’._‘“5 — QCML tO SictOn I’.Sttclcrst,n.Soul,,,‘0cc Prc’,idcnl 5 0 asl,iugtoo t,,terualioo.,t tusuraricc Coo,t,aIrs ‘i S t 1973 co.’&Scnior 51cc Prcsidcnt of SortS Smcrici.o Sttcclattt Incur0050 Cor.tp..r.c I ace. --S ,,c %*-b “US tiill” _________ I).,;5 ‘I La,,n.cn.5cc T’rcs,dcnt of 0 aohcnton In cr110 lion_at ocurancc Concp.rtca — 5.‘a cc Pr.n,icnl 01 SortS Slncric_al,Spcc i.atls liasuria 15cC nanpona IN WITNESS WHEREOF,North American Spectalty Insurance Compattv and Washtngton Ititernattonal litsuraitce Company has e eaued then official seals to be hereunto affixed,and these prcsettts to be signed by thetr authorized officers thts2Oth day of , June ,2t)12 North American Specialty I imsurance Compan Vs ashington International Insurance Company State of Illinois County of Cook On this 20th day of June ,20 12 ,before me,a Notary Public personally appeared Stex en P..Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice Prestdent ofNortlt American Specialty Insurance Company and Dasid NI Lay man. Vice President of Vs ashington International Insurance Company and Vice President ofNorth American Specialty’Insurance Company, pet sonal ly’knoss it to me,is ho being by me duly sss orn,acknosvledged that they signed the abos e Poss er of Attorney as officers of and acknoss ledged said instrument to be the voluntary’act and deed of their respectis e companies. - -—“ “OFFICIAL SEAL” DONNA D.SKLENS _________________________ Notary Public,State of Illinois Donna D.Skletss.Notars P5biie My Commission Expires 1006/2015 I,Jetires GoIdher .the duly elected Assistant Secretary of North American Specialty Ittsitramsee C’otsspany’and \\asltit’agtots International Insurance Company.do hereby certify that the abos e and foregoing is a trite arid correct copy’of a Poss er of Attorney gis en by’said North American Specialty’Insurance Compans’and Washington Internattonal Insurance Companr.is htch ts still in full force attd effect IN WITNESS WHEREOF,I hase set my’hand and affixed the seals of the Cotupatsies this 16 das of March .2013 icllrev GoldS..Site i’tc-,,ec,I &5oSt it Sc jOt irs I 55 ,tsi titico tct_in,ttionai insiti it_a (01115 ‘It &NI it SlItCI c in S cci ills i .,i.Ill_Il Certificate of Compliance DustGard Magnesium Chloride Liquid for Dust Control and Soil StabiHzation Chemical Composition Typical Analysis (%‘)Rance (%l M9CI2 CAS 7791-la6 SO4 H20 pH (5%solution) Specific Gravity Weight ‘—.9 1.29 —1.33 107-11.1 lbsigallon Product anatyses are typicaL Transportation may affect the analysis of the delivered product.NORTH AMERICAN SALTPRODUCTIONPLANT 765 North 10500 West Ogden,Utah $4404 (801)731-3100 Fax (801)731-4881 Co N PA NY ORDERING 1-800-693-3334 Fax (913)338-7905 GENERAL OFFICE 8300 College Boulevard Overland Park,Kansas 66210 (913)344-9390 Fax (913)338-7905DustGardisformulatedtocontroldustandstabilizesoilsonunpavedroads,stockpiles,and other sources of fugitive dust.A corrosion inhibitor is available to enhance product performance. Maintenancgp cation and storage eguipmenLIncoldertemperaturesrecirculationoftheliquidin a storage tank prevents solid build up. Wash the application equipment daily with water.Storage equipment should be water rinsed at the end of the storage period.Aluminum storage tanks or hauling equipment shoLild not be grounded. DustGard is prodc neaf Ogden,Utamnd vailable in bulk via truck &tail tank cars. ./)Kev n M Sm it 31.0 30.0 2.5 66.2 62.5 -33.0 Less Than 4.0 -70.0 Operations Suprintendnt North American Salt Company II ffi A Compass Minerals Company DUSTGARD®LIQUID 9900 West lt)95 Street —Suite (iOt) OerIand Park,Kansas 66210 Phone 800-755-7258 Fax 800-359-7258 PRODUCTION LOCATION Ogden.Utah PRODUCT DESCRIPTION Produced naturally from the Great Salt Lake. DustGard Liquid is formulated to control dust and stabilize soil on unpaed roads,stockpiles.and other SoUrces of fugiti’.e dust.DustGard Liquid is a tan to dark brown liquid with a density of approximately 185 gallons per ton. METHOD OF ANALYSIS All testing is from North American Salt’s internal quality control procedures.which are atailable upon request. APPLICATION AND STORAGE This liquid MgCl2 product in storage should be agitated regularly to minimize precipitation of undesirable solids/crystals.Application equipment should be washed daily with water.Storage equipment should be rinsed with water to pretent buildup of solids.Aluminum storage tanks or hauling equipment should not be grounded. Oterapplication of MgCl2 may result in unusually slippery road surfaces and should be avoided. Product Dccri piton and Codc C PC ci de Produut Co& Bull.I March 2009 PHYSICAL PROPERTIES Specific Gratity ph (5 Solution) Weight 1.3 I+/—0.02 7.0 -9.0 10,7-11.1 lbs/gallon I ipical \ital so I pic.il Rai cc Intot maCon hot sin is inletidud to be indicatis e and not to he interpreted as a speejitcatton and no suarranty is gtsen Compass -Minerals MATERIAL SAFETY DATA SHEET 1.Product and Company Identification Product Name CAS # Product use Manufacturer CHEMTREC CANUTEC Magnesium Chloride Aqueous Solution Mixture Dust supression,deicing,general industrial,and speciality uses. Great Salt Lake Minerals Corporation A Compass Minerals Company 9900 West 109th Street,Suite 600 Overland Park,KS 66210 US Phone:913-344-9200 1 -800-424-9300 1-613-996-6666 Emergency overview Potential short term health effects Routes of exposure Eyes Skin Inhalation Ingestion Target organs Chronic effects Signs and symptoms CAUTION MAY CAUSE EYE IRRITATION. Eye,Skin contact,Inhalation,Ingestion. May cause irritation. Non-irritating to the skin. May cause respiratory tract irritation. May cause stomach distress,nausea or vomiting. Eyes.Respiratory system. None known. Symptoms of overexposure may be headache,dizziness,tiredness,nausea and vomiting. 3.Composition I Information on Ingredients Ingredient(s)CAS #Percent Water 7732-1 8-5 40 -70 Magnesium chloride,hexahydrate 7791-18-6 15-40 4.First Aid Measures First aid procedures Eye contact Flush with cool water.Remove contact lenses,if applicable,and continue flushing. Obtain medical attention if irritation persists. Skin contact Flush with cool water.Wash with soap and water.Obtain medical attention if irritation persists. Inhalation If symptoms develop move victim to fresh air.If symptoms persist,obtain medical attention. Ingestion Do not induce vomiting.Rinse mouth with water,then drink one or two glasses of water. Obtain medical attention.Never give anything by mouth if victim is unconscious,or is convulsing. #15618 Page;of 5 Issue date 18.Feb-2009 LEGEND HMIS/NFPA Severe 4 Serious 3 Moderate 2 Slight 1 Minimal 0 2.Hazards Identification General advice If you feel unwell,seek medical advice (show the label where possible).Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves.Show this safety data sheet to the doctor in attendance.Keep out of reach of children. 5.Fire Fighting Measures Flammable properties Not flammable by WHMIS/OSHA criteria. Extinguishing media Suitable extinguishing media Treat for surrounding material. Unsuitable extinguishing media Not available Protection of firefighters Specific hazards arising from Not available the chemical Protective equipment for Firefighters should wear full protective clothing including self contained breathing firefighters apparatus. Hazardous combustion products May include and are not limited to:Halogenated compounds.Hydrogen chloride. Explosion data Sensitivity to mechanical Not available impact Sensitivity to static discharge Not available 6.Accidental Release Measures Personal precautions Avoid inhalation of vapors or mists. Methods for containment Prevent entry into waterways,sewers,basements or confined areas. Methods for cleaning up Before attempting clean up,refer to hazard data given above.Small spills may be absorbed with non-reactive absorbent and placed in suitable,covered,labelled containers.Finish cleaning by spreading water on the affected surface and dispose of according to local and regional authority requirements. 7.Handling and Storage Handling Avoid breathing vapors or mists of this product.Use good industrial hygiene practices in handling this material. Storage Keep out of reach of children.Store in a closed container away from incompatible materials. 8.Exposure Controls I Personal Protection Exposure limits Ingredient(s)Exposure Limits Magnesium chloride,hexahydrate ACGIH-TLV Not established OSHA-PEL Not established Water ACGIH-TLV Not established OSHA-PEL Not established #15618 Page 2 of 5 ssue date 1 8Feb-2OO9 Engineering controls Personal protective equipment Eye I face protection Hand protection Skin and body protection Respiratory protection General hygiene considerations TWA PEL:No specific limits have been established for magnesium chloride (a soluble substance).As a guideline,OSHA (United States)has established the following limits which are generally recognized for inert or nuisance dust.Particulates Not Otherwise Regulated (PNOR):5mg/cu.m.Respirable Dust 8-Hour TWA PEL,l5mg/cu.m.Total Dust 8-Hour TWA PEL. TWA TLV:No specific limits have been established for magnesium chloride (a soluble substance).As a guideline,ACGIH (United States)has established the following limits which are generally recognized for inert or nuisance dust.Particulates (insolubles)Not Otherwise Classified (PNOC):lOmg/cu.m.Inhalable Particulate 8-Hours TWA TLV, 3mg/cu.m.Respirable Particulate TWA TLV. Use process enclosures,local exhaust ventilation,or other engineering controls to control airborne levels below recommended exposure limits,General ventilation normally adequate. Safety glasses or goggles. Rubber gloves.Confirm with a reputable supplier first. As required by employer code. Where exposure guideline levels may be exceeded,use an approved NIOSH respirator or NIOSH-approved filtering facepiece. Handle in accordance with good industrial hygiene and safety practice.When using do not eat or drink.Wash hands before breaks and immediately after handling the product. 9.Physical &Chemical Properties Appearance Color Form Odor Odor threshold Physical state pH Melting point Freezing point Boiling point Flash point Evaporation rate Flammability limits in air,lower,% by volume Flammability limits in air,upper,% by volume Vapor pressure Vapor density Specific gravity Octanollwater coefficient Solubility (H2O) Auto-ignition temperature Percent volatile Liquid Colourless to light amber. Liquid Odorless Not available Liquid 7 -9 (5%solution) Not available -18.33 C (-1 F)(30%solution,periodically mixed to ensure homogeneity) 107.22 C (224.99 F) None Not available Not applicable Not applicable Not available Not available 1.24-1.34 (H2O =1) Not available Easily soluble in cold water,hot water,methanol,acetone. Not available Not available 10.Chemical Stability &Reactivity Information Chemical stability Conditions to avoid Incompatible materials Hazardous decomposition products Possibility of hazardous reactions Stable under recommended storage conditions. Do not mix with other chemicals. Oxidizing agents.Acids. May include and are not limited to:Halogenated compounds.Hydrogen chloride. Hazardous polymerization does not occur. #1618 Page3 of 5 ssue date 1 8Feb-2OO9 11.Toxicological Information Component analysis -LC5O Ingredient(s)LC5O Magnesium chloride,hexahydrate Not available Water Not available Component analysis -Oral LD5O Ingredient(s)LD5O Magnesium chloride,hexahydrate 8100 mg/kg rat;7600 mg/kg mouse Water 14500 mg/kg rat Effects of acute exposure Eye May cause irritation. Skin Non-irritating to the skin. Inhalation May cause respiratory tract irritation. Ingestion May cause stomach distress,nausea or vomiting. Sensitization Not classified or listed by ARC,NTP,OSHA and ACGIH. Chronic effects Not classified or listed by ARC,NTP,OSHA and ACGIH. Carcinogenicity Not classified or listed by ARC,NTP,OSHA and ACGIH. Mutagenicity Not classified or listed by ARC,NTP,OSHA and ACGIH. Reproductive effects Not classified or listed by ARC,NTP,OSHA and ACGIH. Teratogenicity Not classified or listed by ARC,NTP,OSHA and ACGIH. 12.Ecological Information Ecotoxicity May be harmful to freshwater aquatic species and to plants that are not saline tolerant. Environmental effects Not available Aquatic toxicity Not available Persistence I degradability Not available Bioaccumulation I accumulation Not available Partition coefficient Not available Mobility in environmental media Not available Chemical fate information Not available Other adverse effects Not available 13.Disposal Considerations Waste codes Not available Disposal instructions Waste must be disposed of in accordance with federal,state/provincial and local environmental control regulations. Waste from residues /unused Not available products Contaminated packaging Not available 14.Transport Information U.S.Department of Transportation (DOT) Not regulated as dangerous goods. Transportation of Dangerous Goods (TDG Canada) Not regulated as dangerous goods. 15.Regulatory Information Canadian federal regulations This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations and the MSDS contains all the information required by the Controlled Products Regulations. #15618 Page4 of 5 Issuedate 18-Feb-2069 CERCLNSARA Hazardous Substances -Not applicable. Occupational Safety and Health Administration (OSHA) 29 CFR 1910.1200 hazardous No chemical CERCLA (Superfund)reportable quantity None Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard -No Delayed Hazard -No Fire Hazard -No Pressure Hazard -No Reactivity Hazard -No Section 302 extremely No hazardous substance Section 311 hazardous chemical No Clean Air Act (CAA) Clean Water Act (CWA) Safe Drinking Water Act (SDWA) Drug Enforcement Agency (DEA) Food and Drug Administration (FDA) WHMIS status State regulations Inventory name Country(s)or region Canada Canada United States &Puerto Rico A Yes’indicates that all components of 16.Other Information Disclaimer Issue date Effective date Expiry date Prepared by Information contained herein was obtained from sources considered technically accurate and reliable.While every effort has been made to ensure full disclosure of product hazards,in some cases data is not available and is so stated.Since conditions of actual product use are beyond control of the supplier,it is assumed that users of this material have been fully trained according to the requirements of all applicable legislation and regulatory instruments.No warranty,expressed or implied,is made and supplier will not be liable for any losses,injuries or consequential damages which may result from the use of or reliance on any information contained in this document. 1 8-Feb-2009 1 5-Jan-2009 1 5-Jan-201 2 Deli Tech Laboratories Ltd.(519)858-5021 US Federal regulations This product is not known to be a Hazardous Chemical as defined by the OSHA Hazard Communication Standard,29 CFR 1910.1200. All components are on the U.S.EPA TSCA Inventory List. Not available Not available Not available Not available Not available Not Controlled WARNING:This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Inventory name On inventory (yeslno)* Domestic Substances List (DSL)Yes Non-Domestic Substances List (NDSL)No Toxic Substances Control Act (TSCA)Inventory Yes this product comply with the inventory requirements administered by the governing country(s) #1561a Page5 of 5 Issue date 18-Feb-2009 Jeremy Henderson /GMCO Corporation From:Jenna J.Maithey Umatthey@up.com]Sent:Monday,February 04,2013 4:13 PMTo:Jeremy Henderson /GMCO CorporationSubject:Re:Team Tracks Demurrage Jet e my, Good afternoon.Gem urrage is $80 per car per day.Since these are private cars,they would tall to Private Empty CarStorage(PEGS),which is $70 per car per day.You do receive two arrival credits when the cars arrive in the serving areavhichtypicallyallowsfortwodaystounload.For instance,if your cars arrive in the serving area on Sunday night and arepulledtotheteamtrackonMondaymorning,you have until Tuesday at midnight to get the cars unloaded and releasedbeforeanychargesaccrue. Dbase let me know it you have any other questions! A$SET UT*LZATO1 lilt!olCacling Not Prol,rkled for Loaded Rail Car $330 Generic800-243-0890 $500 ARMN cars $2,500 TIH cars Deniurraqe C!iarjeable Events CES)$80 Generic (debit/credit)800-243-0390 $180 ARMN cars $195 Hazardous cars $2,500IlH cars Fees Assocciled wtli Shipments to Metco $75 (pet day for days 1-5)800-277-0531 from U S $200 (per day for day 6 and aner)800-520-1771 from MeXICO liiiccessthFe Empty Cir $245BOf}-243-0$90 Private Empty Car Storage (PECS $70 (debit/credit)800-243-0890 Ra,troacl Controtted Cars Ordered Not Useft $295 Non ARMN marks200-243-0890 $545 ARMN marks Union PacirIc Rail Cars Used OtEhne $1415 Generic800-243-0390 $5440 Mechanical Refrigeration Thanks, cnna J.IVialihey ‘hrkDtIug &Sics I )ndus Roducis Jion i’aci)i,Rn[hosd [lOt]))ou[riss5L SiC)’1320 I Omshs,NO 68179 I’:‘102 514 59)81 041)22333(157 JalionM CtisiomD Se,vice Cc’nic:800 2728777 ii Wet,Suppet I Desk:81)0872.1045 Rjs(ei1ejjjyU(’kR •Ct Once C 0 AUDIT Teani Track Agreement .Folder 02611-86ForthApp’d UPRR Law 918108 Audit:._____________ UNION PACIFIC RMLROAD COMPANY TEAM TRACK AGREEMENT THIS AGREEMENT (“Agreement”)is made.May 1,2010 (“Effective Date”),between UNiONPACIFICRAILROADCOMPANY,a Dclaware corporation (“Railroad”),and GMCOCORPORATION,a dorpQration to be addressed at P.O.Box 1480,Rifle,Colorado 81650 (“User”).User wishes to use for its tonvenjence the public use.tncks and related.property anl facilities of Railroad,Circ7 MJ502,Yard 38,Track 121 (“Team Tracks9.in the State of Colorado.Railroad is agreeable tosuchuse,provided that User agrees to the foflowing.terms and conditions: I.User’s use of the team Tracks shall be non-extlusive,and for the purposes of deliveringandloadingrailcarsforpickupbyRailroadandreceivingandunloadingrailcarssetoutbyRailroad,and .for no other purposes.In no event shall the Team Tracks be used byUserforrailcarscontaininghazardousmaterials,as defined by the United StatesDepartmentofTransportation.Upon written notice to User,Railroad may prohibit thepresenceofrailcarsontheTeamTrackscontainingcommoditiesRailroadinitssolediscretionconsidersenvironmentallysensitive. 2.Before using any Team tracks,Uler shall contact Railroad’s Transportation Superintendent’s office with jurisdiction over the Team Tracks to be used. 3.Due to the potentially dangerous nature of Railroad operations,User shall conduct itsoperationsinamannerthatisfreefromsafetyandhealthhazards,and ensure that its employees are competent,adequately trained in all safety and health aspects of User’s opetations,and nob under the influence of any alcoholic beverage,illegal drug,or any substance that may impeir the safe performance of their Work.User shall strictly observe the .rules,regulations or directions of Railroad’s Superintendent or the Superintendent’s authorized representatives.However,User shall be solely responsible for the safety of itsuseoftheTeamTracks,both as concerns User’s property and employees,and the property and employees of Railroad and any other users of the Team Tracks.Railroad shall have no responsibility for User’s operations or employees.User’s employees shall in no event be deemed to be employees of Railroad.User shall promptly notify Railroad of any United States Occupational Safety and Health Administration reportable injuries occurring to any person during User’s use of the Team Tracks. 4.User shall not cause any interference with the constant,continuous and uninterruptçd use of the tracks,property and facilities of Railroad.When not in use,User’s loading/unloading machinery shall be kept at least 50 feet from the centerline of Railroad’s nearest track and shall be removed from the Team Tracks when loadinglunloading.is completed.User shall not cross Railroad’s tracks except at existing open public crossings. 5.User shall be responsible for the repair or replacement of any damaged or destroyed property of Railroad or other users of the Team Track,when such damage or destruction arises in any manner out çf the User’s Use of the Team Tracks. C C 0.Uset shall not release,dispose of or Ølace any materials or debris on the Team Tracks, and shall be.responsible for removing and properly disposing of any such materials or debris. 7.User shall pay Railroad all accessorial charges that,pursuant to UP-6000 series tariff publications or any successor publications,are assessed on railcars destined to or originating from the team Tracks,Including,but not limited to demuiwage,switching, reconsigflments and weigLing charges. 8.User shall comply with all applicable governmental laws,rulçs,regulations and orders in its use of the Team Tracks 9.USER ACRtES TO RELEASE,INDEMNIFY,DEFEND AND HOLD HARMLESS RAILROAD FOR,FROM AND AGAiNST ANY AND ALL LOSSES,DAMAGES,CLAIMS,DEMANDS,ACtIONS,COSTS AND EXPENSES (INCLUDING,WiTHOUT LIMI3’ATION,COURT COSTS AND AflORNEYS’FEES)(COLLECTIVELY, “LOSSES”)(a)CAUSED BY OR ARISING FROM,IN WHOLE OR IN PART,ANY ACT OR OMISSION OF USER,OR (b)ANY BREACH BY USER OF THIS AGREEMENT, OR (c)FOR PERSONAL INJURY TO OR DEATH OF USER’S EMPLOYEES,AGENTS OR CONTRACTORS OCCURRING WHILE SUCH PERSON IS ON OR ABOUT THE TEAM TRACKS.THE FOREGOING RELEASE AND INDEMNITY ShALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF RAILROAD EXCEPT TO THE EXTENT THE LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WiLLFUL MISCONDUCT OF RAILROAD. 10.Before User nay use the Team Tracks,User shall provide the Railroad with a Certificate issued by its insurance carrier cvidcncing the insurance coverage required by the attached Exhibit A.Upon sixty (60)days notice to User,Railroad may increase limits or otherwise change the coverage required by this Agreement,consistent with Railroad’s risk management policy,no more frequently than once in any twelve (12)month period. All insurance correspondence shall be directed to: Union Pacific Railroad Company Real Estate Department -Folder (1264146 1400 Douglas Street,STOP p690 Omaha,NE 68179-1690 1.1.User’s use of the Team Tracks shall be subordinate to such use of the Team Tracks as Railroad may desire to make.Railroad may at its sole discretion temporarily or permanently close any Team Tracks. 12.The term of this Agreement is five (5)years beginning on the Effective Date,subjcct to carlier termination as provided in this Paragraph II.This Agreement may be teqninated without cause by either party on thirty (30)days’written notice to the other party.If User defaults under this Agreement,Railroad may terminate this Agreement at any time by oral or written notice to User.Upon termination,of this Agreement,User shall irnmediately remove its property from the Team Tracks. 13.Alt references in this Agreement to “User”shall mean.and include User and its officers, contractors,agents and employees,and othew acting under its or their authority. Please sign and DELIVER,along with certiflcate of insurance,to: UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPT-FOLDER 0261 186 1400 DOUGLAS STREET,STOP 1690 OMAItA,NE 68I79i690 An executed original wih be returned for your records.KEEP one copy in your possession at all timCSwhileonRailroadproperty.This signed copy MUST be shown en request to any Railroad eidployec UTh’HON CIFIC RA LRO .OMPANY B Dave oIIais Manager -Truck GMCO CORPORA)tC.N I3: Print Name: Till e: Folder No.0261 -86 Exhibit A Union Pacific Railroad Contract Insurance Requirements Public Track User shalt,at its sole cost and epcnse,procure and maintain,or cause to be procured and maintaincd, clLinng the life ot this Agreement (excerit as otherwise provided in this Agreement)thc following n’icrrance coverage: A.Commercial GeneIg1jjgjjli’insurance.CornT7crcial general liability (CGL)with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000.COL insurance must be written on ISO occUrrence form CG 00 01 12 04 (or a substitute form providing cquivalent coverage). j3IsirrcssAtttontohiicCoverae insurance.Business auto coverage writtcn on ISO form CA 00 01 0 01 (or a substitute form providing equivalent liability coverage)with a combined single limit of not less $1,000,000 for each accident,and coverage must include liability arising out of any auto (inclcicling owned,hired,and non-owned autos). C.Worlccis Compensation and Employers Liability insurance.Coverage must include but not be hunted to: •User’s statutory liability cinder the workers’compcnsation laws of the state(s)affected by thus Agreement. •Employers’Liability (Part 13)with limits of at least $500,000 each accident.$500,000 disease policy limit $500,000 each employee. If User is self-insured,evidence of slate approval and excess workers compensation coverage jun51 be pro vi rI Ccl I).Umbrella or Excess insurance IfUser utilizes umbrella orexcess policies,these policies must follow form”and afford no less coverage than the primary policy. Other Requirements E.All pohtcy(ies)required above (except worker’s compensation and employers liability)must include Railroad as Additional Insured”using ISO Additional Insured Endorsements CO 20 26,and CA 20 48 (or-substitute forms providing eqcnvalent coverage).The coverage provided to Railroad as additional insured shall,to the extent provided cinder ISO Additional Insured Endorsement CO 20 26. and CA 20 4-8 provide coverage for Railroad’s negligence whether sole or partial,active or passive,and shall not be Itmited by User’s liability cinder the indemnity provisions of this agreement. P.Puilitive damages exclusion,if.any,must be deleted (and the deletion indicated on the certificateofinsurance),unless (a)insurance coverage may not lawMly be obtained for any punitive damages thatmayariseunderthisagreement,or (b)all punitive damages are prohibited by all states in which thisageenentwillbepcformed. G.Prior to iniplementation of Ibis agiement,User shall furnish Railroad with a dertificate(s)ofinsurance,executed by a duly authorized representative of each insurer,showing compliance with theinsurancerequirementsinthisAgreement. IL User.waives all rigjus.of recovery,and its insurers also wAive all rights of subrogation of damagesagainstRailroadanditsagents,officers,directors and employees for damages covered by the workerscompensationandemployerslihbilityorcommercialumbrellaorexcessliabilityobtainedbyUserrequiredinthisagreementThiswaivermustSbestatedonthecertifiqteofinsurancc. U MI insurance poljçies must be wii(teh by a reputable insurance compan9 acceptable to Railroad or with a chrrent Best’s Insurance Guide Rating of A-and Class Vll or better,and authorized to dobusinessinthestate(s)covered by this agreement J.The fad that insuranc is obtained.by User,or by Railroad on behalf of User,will not be decmed toreleaseordiminishthcliabilityof‘User,including,without limitation,liability under the indemnityprovisionsofthiAgreement.Damagesirecoverable by Railroad from User or apy third Øaily will not belimitedbytheamountoftherequiredinsurancecoverage. K All.insurance correspondence,certificates and endorsements shall be addressed and mailed asfollows: Union Pacific Railroad Company Real Estate Department,Folder No.0261 1-86 1400 Douglas Street,$TOP 1690 Omaha,Nebraska 68179-1690 Please note that folder number can be found in the upper right-hand corner of this Exhibit BID OPENING RECORD SHEET Project Name:2013 Mag Project Date:‘\\LI ‘it’L Bidder Time Project #Bid Price fl (1 Z TOTAL Bidder Time Project#Bid Price iL L H1 Ii)):,c: Bidder Time Project #Bid Price TOTAL Bidder Time Project #Bid Price c4 f TOTAL