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HomeMy WebLinkAboutresolution.council.032-08RESOLUTION # ~~ (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING CASTLE CREEK WATER SUPPLY HYDRAULIC IMPROVEMENTS 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 Castle Creek Water Supply Hydraulic Improvements, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: (~C~' /'J~ ~~' Michael C. Ireland, 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 April 14, 2008. K n S. Koch, City Clerk C(ul~'s ~H W CONTRACT FOR CONSTRUCTION THE Grr of ASPEN THIS AGREEMENT, made and entered into on April 14, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction, hereinafter 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: Castle Creek Water Supply Hydraulic Improvements, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other 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. 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 Seventeen Thousand Five Hundred Sixty Three Dollars ($617,563.00) DOLLARS or as shown on the BID proposal. -971.doc 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 hislher absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in hislher 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. 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. CC1-971.doc Page 2 "CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that helshe 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 City ATTESTED BY: CITY ~ l T L0~1~,..-r=Y Q.,~ Title: APPROVED AS TO FORM: By: "~~~7r City ney CONT TOR: 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. CC1-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ~I~Q'"~ ) /~ ) SS. COUNTY OF C-~~~ ) On this _~ day of ~In j being bX me trst duly sworn, did say that s/he is 1s~08 b9_, before me appeared to me personally known, who, ~- 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. ~~'~`~~ ~.....~y ~~", Notary Public 3 ; OSP ~ i O .. ~ P~g~\G~~o~e: ~ f~D,P~u~ j3D . ~[eH~~o, ~ ~!!~ /'/''~•,Sf~9TE OF GO~`~`~~s~ Address ~}~,'~f III l/ 1 1 1 1111 \\\`\ `4p9~ My commission expi'~I~ieLc8. Z~(Z. CC1-971.doc Page4 "CC1 BID PROPOSAL FORM ESTIMATED OUANTITYLIST BII1 ITEM DESCRIPTION UNIT QUANTITY 1-INTAKE IMPROVEMENTS LS One 2-SLUICEWAY MODIFICATIONS 2A - 42" CL 50 DIP PIPE $!FOOT 745' 2B -ALL OTHER SLUICEWAY, CANAL GATE, AND PIPELINE MODIFICATIONS LS One 3-AERIAL CROSSING LS One Uninsulated Steel UNIT TOTAL PBLC.I'1 ~O5T $18 184.97 $18,184.97 $547.63 $ 407,984.35 $30.022.09 $ 30.022.09 $ 1 ]2.202.37 $112.202.37 4- Meter Installation LS One $49,169.78 $ 44,169.78 TOTAL BID IN NUMBERS:$ 617 563.56 Total Bid in Words: Six hundred seventeen thousand, five hundred sixty three & 56/100 1 acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. ~~ ; t ~` ~ 2i C Authorized Officer: Ful] name signature: Company address: _ Telephone number: ~?~ ~ ,~5=~ Z Fax number: -, '~.. ~, Attested by: ~ ,1 BP1-971.tloc / 'BP1 age 1 Contractofs Initials Certification and Sunnlemental Conditions to Contract for Services - Conformance with ~8-17.5.101, et seg P ose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 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 new 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 furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 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. The 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) calendaz months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is eazlier. 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 Public 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 subcontractor 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 azising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: / ",~~7wn ~~l /~O~,t-~ -- Contractor: By: Title: 1PW-saved: 3!62008-867-M:\city\cityatty\contractUorms\certiEcation - hb-06-1343.doc Bond No. 5357309 PERFORMANCE BOND KNOW ALL PERSONS BY THESE 1'F2ESENTS: That we, fhe undersigned, as, Gould Construction, Inc. hating a legal business addtersat P.O. Box 130, Glenwood Springs, CO 81602 a Corporation as Principal, hereinafter rarted'PrindpaY, and• Employers Mutual Casualty Company P.O. Box 370010, Denver, CO 80237-0010 a cotporatlort organ¢ed urxlet the Laws offhe State of Iowa .and qualified to transact brainese in flee Sim of Cokuado, tretelrratter called 'Surety' are held end firmly twund unto the city of Aspen, a Colorado home rule municipally, as Obligee, hereinafter called "Cityr, in the amount oF. Ired Eighty Three Thousand Five Hundred Three and 40/100 trfoney of the United Sues for payment vfiereof Prirrdpal and Surety b-a s, adrns, srnx~.sois and assigns. joir>f1y and severalty, firrrr<)r unto WHEREAS, Principal has by written agreement dated 7A~ entered Castle Creek Water into a contract Wlh City for Supply Improvements in a~Otdanoe 1Ndfr the Con(r~ct Documents Whleli Cionirad Dacunrerris is by reten:rroe made 8 part hereof, and is hereinafter refiemed to as the Contract. Nt7Vl1, THEfiFFORE, tf Psimtipal sfrafl wPJS, truN and fiaiihfotly pevfonn ils dudes, aA trio undertakings, cayenantr, forms, candllons and agreements of said Contract during the original term thereof, and arty e)<tetrsroftS thereof whkit may be granted by the City, with or Wi1t1011K notice in Ere Sanely and during the guaranty period, and ~ Prindpal shalt satisfy art claims and demands insured under such Contract, and short tarty indemnify and save trarrr+tess City from all ousts arrd damages which ft may suffer by reason of failure io do so, and shah reimburse and repay trio Cily ail ouffaay and expense which the Cr7y may truer in rnatdn9 good any deCaulk then th's ~Tgatian shall tie void; otherwise itstrdll remain th first toree and ettiecl The Surety hereby waives notce of arty alteration or extension of Ume made by the City. Wtvtnaver Prirrdpal shalt be, and deviated by City in be m defauR under the Contract, the City having perimrrrad t~lys otrttgahon trerearnder, the surety may promptly mrnedy the derauttor shall promptly. (~) Ctmrpiete the Corrtractur artordaru:e with ils tears and norvlitions, or (Z) Obtain a bid or bids for corrrpletirrg the Contr-act in amordance with r1s terms and cond~lions, and upon detsjmnrraa<son by Surety of the lowest responstbte bidder, or, d the Cily clods, upon determination by the Cly and Surely joirdiy of the km~est responsible bidde ,arrange for a contract between such birsdder and City, and make available as vlmrk prognrsses (even though there should be a default ar suaession of defaults under the Contrail or Contrails of cvrrrpieliorr arranged under ind o~joosts and da, hmgmes~forthwnich the Sul ly may be hereunder, rire~amount~set• forth in the fast paragraph hereof The term "balance of the Contract price" as used fn this paragrph, shaD mean the total amount payable by City in Princpal under the Contract ~d any amendmeritslhere7o, less the amount properlypaid by City Io Prirtdpal. (3) Ny ec~act ar svaession of mnhacts entered into hereunder for the tomPlelion of the Conte shag also be subjectto this bond as part of the or'Uinal Contrail obligations. P81.e7tdoe "p81 Page'1 This bond is Intended is be in safisfac6on of, ahd in addrro'on to, the bond required pursuant fn Section 38-28- 708, C.R.S., as amended. This bond, as a penally and indemnification bond, sha0 also entitle City fo mover as part of the completion oEthe CorNractot Cie payment oT any Labor ar material costs hereunder. actual and wrrsequerrtial damages, figridated acrd rmiquidated damages, ~, reawnabfe ettomays fees and evert wihress fees, includmg, withoutlSmitafioris, thelees of engineering orarchftectural corrsuNants. Surety. for valve received, hereby stipulates and agrees that to indemnify a~rrd save harmless the Cily to Ure ardent of any and aq payments jn oonnedion x6tlr the rartying out of the mnhad whfdr the Gily may be required to make underthe fawby any reason of such fa8ure or default ofthe Prindpai. Fury~er, Sutety and Prmdpal sha11 protect: defend, indemnify and save harmless the CiL7/s officers, agents, servants, and employees from and against all claims and actions and all expenses ineidental to the defense of such claims or actions, based upon or arising out of urjuries or death of persons or damage to property caused by, or susta&red in connectlon wfth, 8ris Centred by conditions aeatsd thereby, and on request of the [:flyw9l assumethe defarrse ofanyclaim oraction broug~tagainstthe Ciry_ tJo rigtre of actlon shall accrue on th's Band to or fix the use of any person or corporation other than the Ci4y named het'etn or the employees, agents, adm"mistrators or st~sws of City. SjGTtEDANDS>=ALidathis N~ day of P-~f~LZI~.--- ,p08 PR1NC1o o c str ~no ,inc. (~ ` Attest Title: V . 1'. SUREZY: By- ~ ' Attest 'fglg; Virgine Kornbluth Attorney-in-Fact (~~ NOTE: A~mparty this bond with certified Dopy of General Power of Attorney trom the Surety to include the date o. thebond- (Date at Bond must not be prior to date of Contract) H Pdndpat is Parbiershlp, all partners :a'iwid mtegrle Bond. >'67-971.dac ~ F81 Rage 2 Bond No.S357309 PAYMENT SOND KtdOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Gould Construction, Inc. hav7ng a legal bUSlness address at P.O. Box 130, Glenwood Springs, CO 81602 a Corporation as Prindpal, heeinafter called'PrindpaY, acrd Employers Mutual Casualty Company P.O. Box 370010, Denver, CO 80237-0010 a torpofaFon organ¢ed under the laws of tl1e State of Iowa and yuaUfsy id transact business in the S~ of Colorado. hetefrratter called 'Surety", are tre{d and tumiybound rdo the City of Aspetr, a Colorado home rota munldpality, as Obligee, hereinafter pyed'CfgT,1n ttre amount of Six Hundred Eighty Three Thousand Five Hundred Three and 40/100 ($ 683,503.40 ), in ,tavlfUl Y of the Un~ed States for payment whereof Prurdpaf and Surety bind ttremselves, their heirs, executors, sttrsessors and as$rgns, jortrily end severayr, ilrmfy unto these present IltMEREA3, Principal has by wril0en agreement dated . 20~ entered into a contract wltlr CltyforB ~~~)~; Castle Creek Water Supply Improvements fn acCOrdanra wflh the CmntraCt Documents wtridr Contract Documerds fs by riaferenoz made a part hereof, and is hereirtal6eriPferred in asthe Garitract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that ff Prindpal shall pmmptty make payment >n aA deimarrts hereirraRer defined. for all Yabor end mtallerial used or reasonably required for the useat the perfomrarwe of the Contact then this obligation shall he vokl; otherwise ff shaN rermain in firq force and ailed, subject; hanvever, to the following corrd'iGoms; i. A Claknant is deftrred as booing a deed rnmtract with the Principal o[ with suhootliractcx at the Pdnclpal for labor, material, or both, used or reasonably required for the performance of the Contract talrar and. material being conswed in incNrde shat part of water, gas, power, frght, Treat, od. gasopne, t4lephone sRCVice nr rental equipment directly ap~plfcaWe to the Contract 2. The ahoveyrame Prtrtcipal and Surety hereby jointly orb severally agt4e wyfr the City that every clairrrant as trereirr defined who has not been paid fn tUA Uefore the exptrafion of ninety {t3Uj days atba• lira date an vAtlch the last d such clacrtard's wank ortatwr was done w-performed or rmaterials were iWnished try such dahmant may sue on this bond for use of srrrh_sums as may be justly due dainrart and trove epeartinn thereon. The City shall trot be Ifalr(e to the payment of ary msts or expetaes of any such suit 3. Nosuitoractiorrshalloommencefremunderbyarrydairtrant (a) Unless daimarrt other than one {raving a dyed mnbad+vith the Pnlxipai sfiaP Crave given ivrit0en natio9 W arry d the following: The Prtrripat the City, or the Surety alwve named, wllh(n ninety (g0) days after such dairrrarrt drd or performed the fast of the wollc or labor, or fumshad the fast of the malaria! for which said claim m made, stating with aubsthrrtlel acarraty the amount ryairrred and the name of the patty b whom the rrtaMtia~ were tumshed, or for whom the work of labor was done or performed. Such rra}ke shall be served by rrratTYtg Ste soma negist?.red mwl or certr'Ged oral, postage prepiaid, 6t an envelope addressed >4 tl1e t3frwipal, Cifi/ ~ ~~Y. ~ ~Y d~ whew an otTioe fs regularly mainiafned for the transaction of business. or served in arty manner N which legal prt7oes5 may l9e served'm the Staff of Colorado. YS1871.tloc ^'Y87 Page:1 (b) After the expiretron of one (1) year folbwing the date on whidr prinrtipal ceased work on said Ccntract, it being unders0ood, however, that ff any 1im3atla+r embodied in this Bond is prohiblVad by any taw conlro~ng the ccrubuc>iun hereof, such hrnr?ab'on shall be deemed to be amended so as to tre equal to the mirrimum period of fitiritrtion !~°Tm~ by suds iaW, (c) Otl~rihan rtt a s~ oFoompe~terrtjurisdietion irr and for the County of PiHa<r, stale of Colorado. d. The amount of tots Bond shalt be reduced to the extent of arty payment or payments made hereunder, inclusive of the payment try surly of liens or dolma which may he iced of record agairt~ the improvement(s), whether or oar claim for the arrtamt ofsudr Tien be presented underand agaGut thb Bond. 5r 'this t3ond is irr6ended to tre m satistarbon of, and in addition 10, the bond nequired pursrrdrrt to Sedidn 36 26- 1©5, C.fZS., asamettded. 6, No final Settlement bebveen the City and Principal shatl abridge the right of any betteRdary hereunder, vfiore claim may be unsatisfied. st~At+tc,:s~At_eotni~ NI aayof ~Q.II.~ ,2008. PRINCIP ould C s ucti n, Inc. (6papr~ ~ + t3y: Attest ~~j-~` Ttlle: NOTE: Aacony,any this bond with cettlfied Dopy of General Power of Attorney from the Surety Company to mdude the date of tire ~; (S)afe of Bond must not be prior to dale of CoMr~. If Principal 's a Parirtetstttp, a0 partners should ruerute 8nn0. YBt-sn.doc ~Yat rage: z Bond No. S357309 MAlh1TENANCE BOND KNOW All. PERSONS BYTHESE PRESENTS, That We, the undersigned, as Gould Construction, Inc. of P.O. Box 130, Glenwood Springs, CO 81602 ~ Principal, here°inarter n:fetred to as "Principal ,and Employers Mutual Casualty Company a corimrdtlon organized under the laws of the State of Iowa and qualified to ba~~t business in the State of Colorado, as "Surely' ere held and fumly bound unto the Cily of Aspen, Co!brada, as obligee, hereinafter referred to as "City," in the penal'strm of. Thousand Five Hundred Three and 40/100 COHers ($ 683,503.40 t, Iawtul rtroney of ttca Unrted tiF8t4s Of Atnerira, fOf the Payment of which sum, well and 6u4' >p be, made fin the Cfly, we bind oursaNes, and our heirs, exeartors, administrators, suar~::tots. and asstgrrees, jowl! and qty. bli these presenlss WHEREAS, said Prinapal has entered tnto a wrtttan Contrectwith the obNgee dated 2008• for fUmistlrng al! equ[pmen~ lobar, tools and titatetiak> for Castle Creek Water Supply Improvements fn accordar>~ with detailed plans and speofications on file in the otFx:e of the Cdy Cleric of said Ll"ty, a Dopy of vrhich •Conbact is attached hereto and made a part hereof. NOW THEREFORE, The oondi8ons of the foregoing obligations are such that if the said Prin~pal shall well and truly pertotm aA the caVenarrts and conditions of this Cordraet on the part of said Prndpal Zo be performed, arM repair or replace all defects for a period of two year(s) as provided herein, and protect and save harrrtless the City of Aspen, Coorado, from aB loss arKi damages ip 6fe w property suffered or sustained by enyperson, fain or coipo2tion, caused by said PAndpal or his ~~ a his employees. in the per6omtance of said wociS or by or sn consequence of any tt®9~~., ~, tx mtscarrdud in guarding and profiecJing sti3me, or from any improper or defective equipment or materials used in the worts, or other damages, costs and expenses and set foM in such ConhacLs, then this ofAgation shall be void otherwise to remain in fu0 force and eftectin law. "this Bond gumtanrees Zhat the rrraheriai and equipment famished and used, and workmanship employed ht idre performar>ce of the yroifc desat~ed )n this Contract wrU be of such drdrac~' and gaaldyr as to assure R fo be Tree from ail defects and in continuous good order and in a txnd'dmn saDstactory fo tlte,Gwerning Body of the City of Aspen for a period of Two year(s) from the dada of the issuance of the Certffirate of Completion. This Bond gt~rantees that the Said Principal waU keep and maintain the subject work without additional charge or oust in the CRy of a period spetrf" red, and make such rapaas or reptacament of any defecpve ennstructien as the Ctiy t+~y deem nary. INat~7l.doc `TSa7 P~ t The said Prindpal shall not Ue required to maintain any part of the iroprouement under this guarantee which, after its completion and acceptance shall have been removed or eyed by the City or its agent SIGNED Alvp SEALED this r~,_ day of 2008. p~~^,lp Gould C nstructi n, Ina (g~l~ By. Altest Title: ~ Mutual ~/. (Accanpany Eris bone} with cerfied copy of General Power of Atromey fmm the Sanely Company to include thn date oFth,3 bond.) Ngi1~971.0oe 9,ta1 Page: 2 ' /EMC Insurance Companies Na 7 4 7 2 8 9 P.O.Box772•i?esMoines,tA50306-0772 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY IN•FACT KNOW ALL MEN BY THESE PRESENTS, that: 7." Employ®rs Mutuak Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Compe~y, a North`Dakota Corporation 2. EMCASCO Insuranca Company, an bwa Corporation 6. EMC Property $ Casualty Company, an Iawa:Coryoration 3. Union Insurance Company of Providence, an Iowa Corporation ' 7, Hamilton Mutual Insurance Company, an IOwa:Corporation 4.1 Hlinais EMCASCO Insurance Company, an Iowa Cwpwation heiemafter referred !o severally as °Company and collectively as "Companies", each does, by these presents make, conshfute and appoint EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ROBERT J. SUNICH, SHERRY A. SUNICH, ANITA C. KELLER, VIRCiINE KORNBLUTH.,INDIVIDUALLY, GRAND'IONCTION, COLORADO .......: ..,...:.: .......'. .......::........ . its true and lawful attomey-in-fact with full power and apthonty conferred to sign, seal, and execute its lawful bonds undertakings, antl other obligatory instruments of a similar nature as follows. : : ANY AND ALL BONDS and to bind each Company'thereby as fu@y and to the same extent as if such instruments were signed by the?duly authorized officers of each such Company, and>all of the ads of said attorney pursuant to the authority hereby given are heretiy ratified and'confrmed. The authority hereby grantedlehallexpse APRII 1, 9ti109 unless sooner revoked.. AUTHORITY`FOR POWER OF ATTORNEY This Power-of-Attorney 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 oteach company duly celledand held in 1999. RESOLVEb: The President and Chief Exedutive Officer, any Vice President the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power acid authorlty,to {1) appoint attorneys-in-fact and authorize them to execute on behalf of each £ompany and attach the seal of the Company thereto, bonds and undertakngs, recognizances„ponlmnis of mtlemmty and otherwritings obligatory in the nature fhereaf, and (2) to+remove any such attorneyrn-fad at any time and revoke the power acid authority gwen to him or her Attorneys-m-factshall have power and authority, subject to the terms and limitations of the power of-attomey issued to them, to execute and deliver on behalf of fhe Company and to attach the seal of the Companythereto, bonds arrdundertakings recognrzandes, conlrads of indemnity and other writings oolrgatory in the,nature thereof; and any such instrument executed by any such attomey-m fad shall be fully and in all respede;bindmg upon. the Company. Certification as to the validrty of any power.of attomey,authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and ut a0 respects binding upon this Company;) The facsimile or mechanically reproduced srgnature of such officer, whether:made heretofore'or hereafter, wherever appearing upon a certified copy of any power-r3f-aftornayof the Companyshall be valid,and binding upon the Company with the same force and affect as thougfi manuallq affixed. IN WITNF~S WHEREOF, the£ompanJ~t~3ve caused these pr 1o be signed for each by their offcers as shown and the Corporate seals to be hereto affixed Yhis 330 day of /M//1~u^-re_.f~ ~~' Seals Brune G Kelley, Chairma J ffrey S Birdsley -,•`5~p INSpg4y ONCE cA o < Per a ~qs , of Companies2, 3, 4, 5 & ~ PresidenE Assistani5ecretary ~~~ow°°°4 °~ z_,~ppPO,, o: a ,~"°"<%-`' of Company l; Vice Chairman and "€ SEAL ~ o; 1863 ~= ~,., 1953f~-Y, -CEO ofCOmpany7 SUNAN NSUR4 "~ v,un~ ~. Onthis~L N , C N a Fc e~ cF <- a x~ ~~m Notary Put OP°O~A9 O~ 4 . ~j,P°flq O: A Q~ 4. PP °Rg . G t T'9~ Birdsley W 3 ` ~ SEAL ~ SEAL >` ~ SEAL Chairman, a o s ?, a r o _: each of Tt + iOWP ~ %~O°W oaxox ~~a+0lNE4 ~0~'~, CorpnratlOl U1UAL / ~a~ UTUq ~O URA Q `3'M 5 ~~ I, David L. Hi .... PATRICIAA. WRI6HT Commtsawn Namber 116155 My Gomm. Exp. N vo 1.2Qag tenbaugh, Vice President of the Companies, e ?007 before me a Ice G. Kelley and Jeffrey S. are known to me lobe the Secretary, respectively, of invent are the seals of said f of each of the Companies by authority. of their respective Boards of pirectprs; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers; acknowledge the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires N r t 2008. ~R.~'~ Notary Putilic in and for the State of Iowa CERTIFICATE o hereby certify that the foregoing resolution of the Boards of Directors by each of the - Campames, and;this Powerof Attorney issued pursuant4hereto on JULY 30, 2007 on behalf of Eileen A. Blanchard, Timothy J. BLANGHARD, Andrew P. Walters, Robert J. Sunictl; Sflerry A.:Sunich, Anita C. Kell ate tnre antl correct and are still in full force and effect. Kdmbluth In Testimony Whereof I have subscribed my name and`atfized the facsimile seal ofeach Cofipany this _ day of :, 2008 ~~~~