HomeMy WebLinkAboutresolution.council.022-08P65
RESOLUTION # ~-z-
~-- (Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH
THE TERMS AND CONDITIONS REGARDING 2008 CONCRETE
REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Gould Construction, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
'"' contract between the City of Aspen, Colorado, and Gould Construction,
``"' regarding 2008 Concrete Replacement Project, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City
Manager of the City of Aspen to execute said contract on behalf of the City
of Aspen. ,~j
Dated: ~ "(.~~~i Z-S ~g
'~`~G'
Mick Ire and, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution adopted by
the City Council of the City of Aspen, Colorado, at a meeting held March
24th 2008
A.-. C~
`" Kathry S. Ko ,City Clerk
P67
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CONTRACT FOR CONSTRUCTION
i
THIS AGREEMENT, made and entered into on March 24th 2008 , by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction
called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required. by law, an advertisement, for the project: 2008 Concrete Replacement Project
(2008-0171 ,and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published. Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
~r complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
P68
4. The Contractor agrees to perform all of the Work described in the Contract Document'"
and comply with the terms therein for a sum not to exceed Six Hundred Thirteen Thousand"'`
Seven Hundred and Seventy Two Dollars and Fifty Cents. ($613,772.50) DOLLARS or as
shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This .agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, .Colorado.
,..,,
12. In the event that legal action is
Contract for Construction, the
reasonable attorney's fees.
necessary to enforce any of the provisions of thrs
prevailing party shall be entitled to its costs and
Page 2
P69
r
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14.
This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that helshe is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
RECOMMENDED FOR APPROVAL:
City Engineering Department
ATTESTED BY:
CITY OF ASPEN, COLORADO
Title:
APPROVED AS TO FORM:
By:
City Attorney
CONTRACTOR:
By:
Title:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
,,.,, partnership, the Contract shall be signed by a Principal and indicate title.
+...
P70
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
SS.
COUNTY OF
On this day of , 20_, before me appeared
to me personally known, who,
being by me first duly sworn, did say that s/he is of
and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
Notary Public
Address
My commission expires:
••cr.,
r ~. c~~r .re.v=.
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on March 24~h 2008 , by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction
called the "Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2008 Concrete Realacement Project
12008-017) ,and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
CC1-971.doc Page 7
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Six Hundred Thirteen Thousand
Seven Hundred and Seventy Two Dollars and Fifty Cents. ($613,772.50) DOLLARS or as
shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the. provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
CG1-971.doc
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
roproeontativo of tho Contractor for the purpoese of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
RECOMMENDED F PPROVAL:
C ry Eng' Bering Department
CITY SPEN, CO~LORAD~O
By: , l~`:w...~r~
APPROVED AS TO FORM:
By: / /,/lilr~s~
Ci o~
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
.doc Page 3 "CCU
ATTESTED BY:
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ro~pfA-dU
~ ) SS.
COUNTY OF Cap-~n,~d )
On this _~~day of /~~~i , 20~, before me appeared
-~ W ~~ ,tom ersonally known, who,
bein b m first I sworff~~_~.d~id sa thy~t s/he is iCz- res. ~,-~ o~ r6 e~ of
g y ~70UP~C0/fS7YGlC~l~/~I ~/hC-- and hat the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in
written.
Address
My commission expires: i~G.~J~GGira" ~~ZOOy
above
CCi-971.doc Page 4 "CC7
l:IinnH!• dZ'17d
GOl1CON
ACORD
CERTIFICATE OF LIABI LITY INSURANCE o
Aiio
ia°~"'
M s
n
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
700 Broadwa ,Suite 1000
Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80203
303 837-8500 INSURERS AFFORDING COVERAGE
INSURED INSURER A: ZUrlch American Insurance Company
Gould Construction, Inc. INSURER e: Everest National Insurance Company
P.O. Box 130
INSURER C:
Glenwood Springs, t:G 81802
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS.
NSR
TR rypE OF INSUMNCE POLICY NUMBER POLICY ~~E~T~E PDATE MMI DTION LIMITS
A GENERAL LNBILITY GL0831154807 03/01108 03101109 EACH OCCURRENCE f1 OOO OOO
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) f1OO DDD
CLAIMG MADE OOCCUR MED EXP (Any ona person) f1O DDD
PERSONALS ADV INJURY E1 DDD DDD
GENERAL AGGREGATE E2 DDD DDD
GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMPIOP AGG f2 DDD DDD
POLICY FE O- LOC
A AUT OMOBILE LIABILITY BAP831154907 03/01108 03/01109 COMBINED SINGLE LIMIT 81
000
000
X ANV AUTO (Ea accident) ,
,
ALL OWNED AUTOS BODILY INJURY
3
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY f
X NON-OWNED AUTOS (Per acddent)
PROPERTY DAMAGE 5
(Per auldent)
GARAGE LIABILITY AUTOONLV-EA ACCIDENT E
ANV AUTO OTHER THAN EA ACC Y
AUTO ONLY: AGG f
B EXCessLIAeILm 7106000157081 03101/08 03/01/09 EACH OCCURRENCE $$DDD DDD
X OCCUR ~ ClAIMS MADE AGGREGATE SS DDD DDD
f
DEDUCTIBLE f
RETENTION E E
A WORKERS COMPENSATION AND WC8311 54707 O3/O1IO8 03/01109 X WC STATU- OTH-
EMPLOYERS'LIABILITY E.L. EACH ACCIDENT f1 OOO,OOO
E.L. DISEASE-EA EMPL OVEE f1,000,OOO
E.L. DISEASE -POLICY LIMIT E1 DDD DDD
OTHER
DESCRIPTION OF OPERATIONS/LOLATIONSAIEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIALPRoVISIONS
RE: Project #2008A17 2008 Concrete Replacement Project
As required by written contract or written agreement, City of Aspen is included as
Additional Insured for ongoing operations under General Liability with respect to the
above referenced.
City of Aspen
Rebecca Hodgson
130 South Galena St.
Aspen, CO 81611
75 S !7/971 ..P ~
flCR~II7II71MS~d'iRS
THE ABOVE DESCRIBED POLICIES BE CANCELLED
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL',~Q_DAYS WRITTEN
'E TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT, BUT FAILURE TO DOSO SHALL
SE NO OB LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
AIJ7NORI2E, _ D REPRI
KYC O ACORD CORPORATION 1980
AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: 2008-017
The undersigned contractor has read a copy of the Contract Documents including the construction plans,
for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future,
violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of
Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and
agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the
City of Aspen.
Attest:
Corporate Seal
STATE OF COLORADO
SS.
COUNTY
1. ~ Ott
Conhactor
By:
Before me ~ ~ , a notary public and for „~~
County, Colorad personal appeared known to me
perso ~be the person(s) whose signature(s) in my presence this 21 o`-f~ day of
A.D. 200$ .
My commission expires:
(Seal) ~~~~~~Y'A "~
`~ ~~
'0
Y ~ ~pTAq~,
N~ ~,.~
Op
ACI-9]l.dw
LIQUIDATED DAMAGES
for
CC1-971.doc Page 125 "CC1
. ~`
Bond No. S371758
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Gould Construction, Inc. having a legal business
addre~at P•O. Box 130, Glenwood Springs, CO 81602
a Corporation as Prnicipal, hereinafter catled'PrincipaY, and
Employers Mutual Casualty Company
P.O. Box 370010, Denver, CO 80237-0010
a catporaHon oiganaed under the laws ofthe State of Iowa and qualified to transact
busv>ess in the Stolle of Colorado, utter called 'Suretyr, are held and fumy bound unto the Cily of
Aspen, a Colorado home rule municipally, as Obligee, hereinafter called "Ciyl, in the errtount of.
in IaNrld money Of the United
exearDws, adnirisfrakors, arc
severally. iirmy unto these present
WHEREAS, Principal tras bywcitten agreement dated 2A~ entered
2008 Concrete
IMO a contract VviL'r ~ for Replacement Project in aoeordanee wLh the Control DocurneMs which COrrtraGt
Dcarmerrts ~ by reference made a part hereof, and is t>ereirrafter referred to as the Contract
~1aw, Tt-ir~oRl; ~ Prinapal shat well, troy and faittduuy perfarn its dnttea, aA Mte underlalcings,
eovenantr, tierrrrs, oondBloru and agreements d sold Contract during the onginal term thereof, and arty
extensions thereof which may lta granted by Cre CI~r, With or wilha¢ noiiCe to the Slnety and during the
guaranty period, end rT Prirrdpal shall satisfy au claims and demands insured under suet Contract, and shag
fuly indemridy and save twrrrdess QYy ham ell acts and damages which 8 may sutler try reason of farlue to
do so, and shall telariburse and repay ttie Ciy all outlay and expense which the G'ti y may incw far rtk^Jdng
good atry defau~ then th's ° shall be wsd; atlrerWise lshal remain er firU iioree artd eftel.
The Surey hereby waives notice of any alteration or e)derrsion of time made by the C'~/.
Wttenerrer Prirlc~al shaft ba, and deflated by Eity to be m defauk under the CoMr~t, the Cly havirLq
perfarrrred Cilys abt~atran trereunder, the Swett ~yl~Pdy ren'reclY the defeulor shalt promptly.
(1) Complete the Control in aaardarua! with ils terms and coalitions, or
(2) Obtain a bid or bids for completing the Contract In aomrdanr8 with is temu and cond~lions, and
upon detemtinatiort by Serety of the Ivwest responsible balder, or, if the City elects. upon
detemtinaLon by the Ci(y and Surely Jointly of the louv~t responarble bidder, arrange for a contract
between such lirdder and City. and make avar7abte as work progre,ses (even though there should be
a deJauR or succession ddefaults under the Contract or Carbacts of axnp1e13on arranged under
Uris paragraph) sutfiderd funds trr pay the asst of oompleLari less the balance of the axrtral price.
9 other costs and damages for which the Surely may be Labia trereurrder, the amount set
fortlr in the first paragraph hereof The tens "balance of the Contract price' as used in this
paragraph, sha0 mean the total amourt payable by Cly th Principal utxier the Conical recd arty
amendments thereto, less the amount property paid by Cry m Pdrxdpal.
(3) m y contract or succession of zartba~ erred inm hereunder for 8re eornptetion of the Contra
shag also be subjecf to this bond as part of the original Contract obQgations.
P81~71.doc "Aa1 Pags'1
Two Hundred Seventy and 00/100 ($853,270.00 ~
for payment Wherrwf Pnncipai and Surely bind ihemsehes, their heirs,
This bond a intended 1fl be in satisfaction of, and in add~orr to, fire bond required pursuant to Section 3&28-
106, C.R.S., as arriendEd.
This bond, es a penalty and indemnification bond, shall also entitle Oily 1n recrnrer as part d the completion
dtira Contract oc the payment d any labor or ma6erial costs hereunder, actual and oorlsequenfel dartrages,
figridated and un6gtridated damages, ~, reasorrabk eltomeys Ices and expert witness fees. inducting,
wdhoutllmdatioris, the fees of engineering orarchitedural carrsullants.
Surety. for value rued, hereby stipulate;; and agrees that to indemnify and save harmless the City to the
extent of any and a0 paymems in connection witit the varying out d the mnhad which the City may be
n~uired to make uirderitre taw by arty reason d such failure ar default dtha PtinrJ~al.
Further, Surely and Prurcipal shall protect defend, indemniy and save harmless the Ctlj/s officers, agents,
servants, and empbyees from and against all claimis and actions and all expenses incidental >p the defense
d such claims or actions, based upon or arJSirig out d iiywies or deatlt d persons ar dame to property
used by, or srad in connection with, the Caritrrd by conditions seated thenetry. and on request dthe
Gliyw;11 a~~ihedefarrse oFmrycFaim oractiorr txoughtaga'rutthe City.
No rigid d actlon strap acuue on th's Bond to or for the use d arty person or corporation other them the Ci4y
named hemctm or the employees, agents, admuretrators or suaessors d City.
SlGlrfEtlAiVDSEALt~ihe ~lp dayd {~Ylc~/ti~Gt- .~A~
PR1NCi • G uld onstructio Inc. (~I}
By. AttesC
Tdl~
SUREZY:
q~ Virgine Kornbluth
.(seal)
Attest ~.-~(1-~ r-,~. ~~~t s e'er -
NOTE. Accaripany the bond with cattified copy d General Power d Attorney from the Surety b include the
date of the bond. (Date d Bond must not be prior m date d Contract.} N Pdncipat is Partnership. a8 partrrers
should mcearle Bond
F$T-971.dOG "PBt P2Jil2
Bond No. 5371758
Pavnnerrr Bonin
KNOW 1iLL PERSONS BY THESE PRESENTS: Thatwe, the unders(gned, as,
Gould Construction, Inc. havinga legal business
~~~„ at P.O. Box 130, Glenwood Springs, CO 81602
a Corporation as Prardpal, hereindler called'Prindpat, and
Employers Mutual Casualty Company
P.O. Box 370010, Denver, CO 80237-0010
a oOrpOr3fion olgar'ved render the IaVVS Of the State Of Iowa T~ and grlatl$Cd ib transact business Ih the
State of Cctorado. trere6ratter rolled 'Snre(y", are twld and Timely trourtd unto the City of Aspen, a I.nlorado ttorrre rule
munldpaGty, as Obligees hereutafter CaQed'Cfgt, In the amormt of
Eight Hundred Fifty Three Thousand Two Hundred Seventy and 00/100 ~g 853,270.00 ~ in tarrfui
money of ttre Unwed States for payment wheneof Principal and Surely bind NremaeMes, their treirs, executors,
adrerrl6batols, sumPSSars and as~Igrts, jortrlly end severa11N,1VmIY unto ih~e present
MNiERFJ1S, Principal has by wril0en agreement dated . 20~ entered into a corrirad wiCr
(S(yfpra projedry~~d; 2008 Concrete Replacement Project
in acoordmnre wAh the Cordtad l]araimaMs wlririr Contract Oocursrerrls is iry referentR made a part trereof, and is
trereirraRerrsferred to asthe Contract
NOW, THEREFORE, THE COND1T10N OF THIS OBLIGATION [S such that, if Prindpal shall promptly make payment to
all dafmarrt5 herdrratperdefined, for all ~ end ntateriat used ~ ceasortably required for ttre use'in the perfonmarx>e of
the Contract, then trris ot>figadon shay he void; otherwise K shalt remain in tuft force arnt etfed, subject, however, to the
folowing o~rdi~ons:
f. A Ctasnaht is def$red as hauirig a daed mmtrad with the Ptiru~pat tx wAlr suhoorttrador of the Prindpat for
labor, material, or both, used or reasonaby required for the Derforrrrance of the Corrbad, labor and, material being
constn>ed in indude that part of water gas. power fight, heat, oil, gasoUne, talePtane service nr rental equipment d-nectlyl
appl~aWe to the Contrail
2. The afwveytame Prlndpal and Surety hereby jointly grid severely aBr4e with the Cily that every daimant as
trr~ein dd>yred who has rat beery paid in fuA Uefare the expiradon of rdraeby {90) days altrxr the date on wihich the {ast of
such daarrarrYs vi~ark wtatar vras done w' performed or maDerialSViiese fuonished by such r~almant may sue on riris bond
for use of such sums as may be justly due clahriarit and have exaction thereon. The CSI shall not be liable for the
paymerd of any ousts mr expenses oP airy such sud,
3. Nc suit or adrn shall r.~mmrnrB hereunder by arty dairtrant
(a) Unless cfanriarr4 vtlter than one }raving a deed cotrbad'with the Pn-tx3pad sJraQ trawe ®rven wrimen
notice t4 any of the following: The Prrtrdpal, Ure City, or the Surety above named. wttlrtn ninety (90) days alter such
dailnarrt did or performed Uie last d thg worry or labors or firmshed the last of the material for which sob dorm m made,
st~rig vu1Mr subsfentlel acou-aty the amount r3airned acrd the name of the patty to whom the materials were tumrshed, or
for whom the work of tabor was done or perlortrred Such nadce shall be served by marTulg 5re same registered enrol or
enrol, postage prepaid, rn an envelope addressed >o the Prarapal, Cibr or Surety, at amy ptaoe vrtrese an otTwe rs
regularly mairrf:ained for the eansactlar of lurs6ress, or served et arty manner N which legal Drooess may tie setved'm the
S4k! Of Cobrado.
Yat~971.doe ~ "'Y87 ~ t
(b) After the expiration of one (t) year folbwing the date on which Priru9pal ceased work on said
CcntracC it behg unders6ood, txx+rever, ftrat danylimBation embodied in this Bond is prohibited by any law controlling The
ccrutrucbort hereof, such Frrrr~lion studl be deemed to be amended so as to be egtmT to the minimum period of limitation
wmtitFed by such iaW.
(c) Otlrerthan m a state of oompetentjurisdiction 6+ end for The Gounty of Pitldn, State of CaJorado.
~. The anwnrtt of this Bond shall be reduced to the extent of arty payment or payments made hereunder,
indusiue of the payment by sorely of Fens or Balms whictr may be iFed of record agair~ the improveanent(s), whether or
notdaim forthe amountofsurh lien tre presented underand against thb Bond.
5: Ttds Bond's emended to be cr satisfaction of, and in addition to, the fond required pursuar>f 1o Sectidn 38~6-
165, C.TZ&, as amended.
6. No final settlement between the City and Principal shaD abddge the right aT any benefiaary hereunder, wtwse
claim may be unsatisfied. ~/-~
SIGNID AND SF1dFD this day of f / [ ~ , 2d~
PRIN¢t • Gould Co structio Inc. (~~
rangy ~
SUR ~E to ers Mutual Casu Ity Company } l I , 1 (~~
(r,.. ~ ~ ~ I1Y~.~ Lir'4'~.. VII. LtL'`~' -~.a3'`L!
V' / ~ fWGil
TAIe:
NOTE: Aocomparry this bond witll cerFFed copy of General power Of Attorney from the Surety Company fn inuude+he
date of the bond. (Oafs of Bond must not ba prior to dale of Conte. If Prurcxpal "s a Parlnetship, aF partners should
execute Bond.
raa-sn.ao~ -~ret P~:z
Bond No. 5371758
MA11dTEP1ANCE BOAtD
KNOW All PERSONS BYTHESE PRESENTS. Thatkre, the undersigned, es
Gould Construction, Inc. of
Prmdpal,
P.O. Box 130, Glenwood Springs, CO 81602 ~
heretrrader referred to as'Ptirxapaf', and
Employers Mutual Casualty Company
a Caporatlon organaed under the laws of the State of Iowa ~ and qualttied to
ira~rsaet bushtess in the State of Cobrado, as 'Sorely' ere held and finely bound unto the filly of Aspen,
CoArado, as oblgee, hereinafter referred to as'"Cdy," in the penal sum of
Eight Hundred Fifty Three Thousand Two Hundred Seventy and 00/100
CoNars (S 853,270.00 ), IaYVful money of the United States OF America, for the Payment of
wir!dt sum. well and holy Lo be,made fo the C~, we Died ourselves, and or>r hehs, exewtors. adminrsDators,
su " . and assignees, jointly and severalb, by these preserr~
Wi~l>_fZEAS, said Principal has entered into a Vvdtlen ContractwtiFr the obligee dated
20~ for fumtshing aN equipment, labor, tools and rnaterfals fort 2008 Concrete Replacement Project
in acoordarr~ wph detailed plans and speaTxations an Sle in the office of 1Fre Cdy Clerk of said City, a copy
oFw}ridt •ContraG is attached hereto and radP a part hereof.
NOW THEREFORE, The Oondi~ns aF the foregoing obligations are such tllat ti the said Prindpal shall well
and holy perform aA the covet~rtts and conditlons of this Cardract on the paR of said Principal to be
perFomled, and repair or replace all de[ecls for a period of two year(s) as provided herein, and protect arui
save harmless the Cibr of Aspen, Cabtado, from atl loss and damages tD fife or property suffered or
sustained by arry~person, fort or corporation. Caked by said Pdndpal or his agerrb or his employees, in tine
perfotmtanw of said wod~ or by, or in cortsequetroe of any nogfigence,, ~, a m~duct in
guarding and protecting 5'ur~ or from arty improper or defeeYfve equipment or materials used in the work or
other darrrv~es, ousts and and set forth in streh Corte, then this obligation shall be void
othc~liseto remain in fuq forcaand eftectin law.
'fF$s Bond gumrdmtees Drat the matPlial and equipment fumistted and used, and workmanship employed in
the per(ornarrce of the Vrodc desvfbed 1n this Contract will be of such d and quality as to insure rt to
be free from an defects amd in pontlnuars good order amd in a txndr"'hoe rdl~ory fa tlte.Gavemar9 f3odY of
the City of Aspen for a period of two yeags)irom fhe date of the issuance of the Certlfirate of Completion.
Th's Bohd guataritees that the said Pnndpal will keep and maintain the subject vrortc without additional
charge ar oast to the Crgr of a period cpecifred, and make sirdt repa6s Or replamment of any defective
mnstructiam as the Ci(y trray deem [>eGessary_
Matarl.doc -enar P~ t
The said Prindpal shall not be required to maintain any part of the -mproaement under this guarantee which,
after its completion and aoceptanre shall h~a7ve ~~een removed a' alb red by th City or ifs agent
SIGNEDANpSEAtEDihs L~l.o day of 2008.
pRINCt • Gould nstructi n, Inc. (seal)
By: Artiest
Tttle; r
Employers Mutual Casualty Company /~ - ~ (s~9
By ice" - _AiLest ( _[~~f'fl~t~ i~ --~r-~-~'-
T'~Virgine Kornbluth Attorney-in-Fact
(Acoomparty this bond with cerfied copy of General Power of Atbomey from the Surety Company to indud~:
the date ofthe hard.)
N61A9'1.doe °FltBt Pagx 2
/EMCInsurance Companies Na- 747300
P.O. Box 712 • bes Moines, A 50306-0712
CERTIFICATE OF AUTHORITY INDNIDUAL ATTORNEY IN•FACT
KNOW ALL MEN BY TMESE PRESENTS, that:
1. r.Emplayers:Mutual Casualty Company,. an Iowa Corporation 5. Dakota. Fire Insurance Company,a North Dakota Corporation
2 EMCASCO Insurance Company, an Iowa Corporation' ', 6. EMC Property & Casualty Company, an lawa Corporation
3, Union Insurance Company of providence, an Iowa Corporation 7, Hamilton Mutual Insurance Comparryr, an Iowa Coporation
4. fllinois EMCASCD Insurance Company, an Iowa Corporation
hereinafter referred to severally es "Company" end collectively as "Companies', each does by these presents make, constitute and appoint: `
EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ROBERT J. SUNICH, SHERRY A. SUNICH, ANITA C.
KELLER, VIRGINE KORNBLUTH, INDIVIDUALLY, GRAND JUNCTION, COLORADO : ..... .... ' .....,... ......::: ......... ` ., .......
its Vue and lawful attorney-in-fact, wdh full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and otherbbligatory instruments of a
similar nature as fctlows:
'ANY AND ALL BONDS
and to bind each Company thereby as fully and to the same extentas.if such'instruments were signed by the duly authorized officers of each such Company; and all. of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire qP II ~ ~ 9nn4. : unless sooner revoked.::
AUTHORITY'FOR POWER OF ATTORNEY
This Powerof-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting ofeach company duly called:and held in 1999:
RESOLVED: The.President and Chief Executive Officer any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
uridertalungs recdgrnzances bdntracts of indemnity and other writings obligatory m the nature thereof, and (2) to remove any such attomeyrn-feet al any time and revoke
thepower and authority given tohim or her, Attorneys-in-fact shall have power and authority,. subjecf to the terms and limitations of the power-df-attomey issued to them,
to execute and deliver oh behalf of the Company, and to attach the seal of the Compahy thereto, bonds and undertakings, recogmzancea, contracts of indemnity and
other writings obligatory in the nature thereof; and any such. instrument executed by any such attorney-in-pact shall be fully and m all respells binding upon the Company.
Certification as to'the validity dflany power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shaft be fully and in all respects
binding upon thie Company I The facsimile dr mechanically; reproduced signature of such officer, whether made heretofore or hereafteG wherever appearing upon a
certified copy of any polder-df-attomey,of the Company shall' be valid: and brnding upon the Company with the same force and affect as thoug6'manually atfxed.
IN WI 3NDESS WHEREOF, the Compan~~b7ve caused these pr~~ to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed: this
day of /M//I~r*,.r~_
~~~
Seals Bruce G Kelley, Chairma J ffrey 5. Birdsley
Sip INSUgq s?`E iu of ,°r.+` ' cys..: of Companies.2 3 4, 5 & ;President Assistant Secretary
'~~ pow°°^< '"°." ~5°` ago"°0"< 90 a ~o"°0P<; py`-- of Company i; Vice Chairman and
1953 CEO of Com an 7
`SEAL s ; '1863 ~ -~ _ P Y
z - " '~ _
•r~OWP • n n. ,,v,,.P
a
N ,u
US
N On this ~OTyday of-, ,itll Y AD 2007 before me a
n
C
$u
o~
d
f° ~
S
.a a
a~
, e'
~9
e~
^'~F
: Notary Public in and for the State of bore
personally appeared Bruce G. Kelley and Jeffrey S.
~
q,,
~
ow° PQO~
µ
`PPaRq
O _ ,
sG
' ,
Birdsley, who, being by me`tluiy sworn, did say that they are, and are known tome to be the
~ = SEAL = `SEAL ; = ~ SEAL :' ~ - Chairman, President, Uce Chairman and CEO, and/or Assistant Secretary, respectively, of
:
s
? : o ~ each of The Companies above that the seals effaced to this instrumeht are the seals of said
wn
~
• + o
,
"„„,
o~P ' Es~owes ~o~'P~ corporations 'hat said instrument was signed and sealed on behalf of each of the Companies
„
o
•~~~~~• ,
„ °°,
`•••.,~,~•• ~~~~~.~~• -- by authority of their respective Boards o[ Directors;.and that the said Bruce G. Kelley and
Jeffrey S. Birdsley as such officers `acknowledge the executioh of said instrument to be the
dot n~ WS voluntary act and deed ofeach of the Companies.
~ utuq 99 My Commission Expires Ner 1, 2008 7 '-
~y pAtRICIA A. WRIGHT fi ` ~ [,(/
o~'URP L Commission Numb4r 778255 LLCJ~c,~
FSM s ~°' Ny comm. Exp Nov: t Zoos Notary Public in and for the State of fovea
CERTIFICATE
I, David L Hixenbaugh, Vice President of the Companies dd hereby certify that the foregoing resolution of the Boards of Directors by each of the
£ampames, and;this PowerofAttorney issued pursuant thereto on JULY 30 2007
do behalf of Eileen A, Blanchard, Timothy J. BLANGHARD, Andrew P. Walters, Robert J. Sunich Sherry A. Sunich, Anita C. Kelh
are flue and correct and are stiltin full force and effect Kombluth
In Testimony Whereof I have subscribed my name and affixed the facsimile seal ofeach Compan(y/the/is day of ' 200$
Certification and Supplemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et seg.
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343
that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -
Public Contracts for Services." This new law prohibits all state agencies and political subdivisions,
including the City of Aspen, from knowingly employing or contracting with an illegal alien to
perform work under a contract, or to knowingly contract with a subcontractor who knowingly
employs or contracts with an illegal alien to perform work under the contract. The ne~v law also
requires that all contracts for services include certain specific language as set forth in the statutes. This
Certification and Supplemental Conditions has been designed to comply with the requirements of this
new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms are defined in the new law and by this reference are incorporated
herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It
specifically means the contract or agreement referenced below.
"Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify
that it does not employ illegal aliens.
I'he Public Contract for Services referenced below is hereby amended to include the following terms
and conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic
Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been
accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing
verify such application within five (5) days of the date of the Public Contract. Contractor shall
continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same
every three (3) calendar months thereafter, until Contractor is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section shall not be
required or effective if the Federal Basic Pilot Program is discontinued.
4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Pubic
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor 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 this section the subcontractor does not cease employing or contracting
with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with
the subcontractor if during such three days the subcontractor provides information to establish that the
srtbcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor
and Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract
for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual
and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: -~~~--~- Q~~}~P.~----
Contractor: ~ o ~-^-~--~ ~N S`J ~~~ ~.t''
Title: `~~ ~-~ ~~~_
JPW-saved: 8/23!2006-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc