HomeMy WebLinkAboutresolution.council.040-09RESOLUTION # 1.~. Q
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND RENO-SMITH ARCHITECTS, LLC SETTING
FORTH THE TERMS AND CONDITIONS REGARDING ARCHITECTURAL
SERVICES FOR THE CASTLE CREEK ENERGY CENTER 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 Reno-Smith Architects, LLC, 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 Reno-Smith Architects, LLC regarding
Architectural Services For The Castle Creek Energy Center 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: 1c.2 ~
_~~ / ~
is ael C. Ir~land, 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 June 22, 2009.
Kat n S. Koch, City Clerk
PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST
Iastructious: This form should be completed at each step of the procurement process and should follow each request
for review or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000
require City Manager approval. They do not require competitive bids but require documentation of source selection
process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is
required. Contracts over $25,000 require City Council approval.
ALL CONTRACTS
Procurement Description: Castle Creek Energy Center Architectural/Enerev Services Project #: ~~-~ 7
Budge[ estimate: $ 81.400.00
Is proposed expenditure approved in the Deparbnent's budget? / x /Yes / / No
Explain process for vendor selection: Sole sourcine due to vendor familiari ri with facilities and familiariri of the project as the
vendor has erformed the relimin conce foal desi and desi develo ment coordination with other consultants of the on- oin ro'ect.
The vendor will have the job completed by 03/31/ 10
~iti'~' Dept. Head approval of proposal:
CONTRACTS OVER $5, A(f00- ND UNDER $10,000
ContractorNendor Selected:
/ / /Dept. Head approval:
/ / City Attorney review: / / /City Manager Approval:
contract documents to
and to Vendor/Contractor
RFP ar ITB Completed:
or ITB Reviewed by City Attomey:
l l 11~P
/ / /Bid
ContractorNendor Selected:
/ / /Eng. Dept. Review:
/ / / 2"d Advertisement (Attach Advertisement)
/ / /Dept. Head approval: _
/ / /Award letter sent:
/ / / 3 signed contracts returned by
/ / Performance and Payment Bonds received
% / Certificate of insurance received
/ / /Finance Department Review: ~
(0~o?d109
If Over $25,000, 3/29f99/ Prepaze cover memo and resolution for City Council Approval.
/ / /City Attomey Review.
/ / /City Council Approval
/ / / CiTy Manager Approval:
/ / / Notice to Proceed
contract documents to City Clerk,
and ContractorNendor
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Reno Smith Architects, LLC ("Architect").
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Scope of Services. Architect shall perform in a competent and professional manner the
Scope of Services as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein. City of Aspen Castle Creek Energy Center (3/11/09)
2. Completion. Architect shall commence work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
Upon request of the City, Architect shall submit, for the City's approval, a schedule for the
performance of Architect's services which shall be adjusted as required as the project proceeds, and
which shall include allowances for periods of time required by the City's project engineer for review
and approval of submissions and for approvals of authorities having jurisdiction over the project. This
schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Architect.
3. Payment. In consideration of the work performed, City shall pay Architect $81,400.00
(eighty one thousand four hundred dollars) in the event that all Phases are performed as requested by
City. The City shall have the option of asking Architect to perform any number of Phases of the
Project. Payment shall be based upon the Fee Proposal, for phases performed. The City shall notify
Architect of phases it wishes to have performed via formal written Notices to Proceed. Fees including
any additional services or reimbursable expenses shall not exceed the following amounts for each
given phase:
Planning Phase: Hourly
Schematic Design Phase: Complete
Design Development Phase: $9,900.00
Construction Document Phase: $52,500.00
Bidding and Negotiation Phase: $4,000.00
Construction Phase: $15,000.00
4. Contract Documents. The following documents are agreed to constitute the Contract
Documents. In the event that any provision of one Contract Document conflicts with the provisions of
another, the provision in the Contract Document listed first below shall govern, except as otherwise
specifically stated:
a. Agreement
b. Request for Proposals & Scope of Services
c. Proposal/Cost estimate and attachments, including all written
AG1-961 Page 1 _
r/~ ~~n
representations of Architect
d. Instructions to Proposers
e. Supplemental Conditions, if any
f. City's Standard Terms and Conditions for Professional Architectural Services.
5. Compliance With Procurement Code. The Architect acknowledges that this Agreement
is entered into subject to the requirements of the City of Aspen Procurement Code, Title 4, of the
Aspen Municipal Code. As such, the Architect agrees to comply with all requirements of said
Procurement Code, and such requirements are incorporated herein by this reference (copies of the code
are available upon request to the City for a nominal charge). Architect shall immediately notify the
City Manager in writing of any violation of said Code by the City's employees or agents, which
violation(s) shall be considered a breach of this Agreement. Further, failure to notify the City of any
violation of the Procurement Code shall be deemed as a waiver of any action or defense that the
Architect may have against the City by reason of such violation of the Procurement Code.
6. Non-Assi ng ability. Both parties recognize that this contract is one for specific services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Architect of any of the responsibilities or
obligations under this agreement. Architect shall be and remain solely responsible to the City for the
negligent acts, errors, and omissions of any of his consultants, agents and employees, each of whom
shall, for this purpose be deemed to be an agent or employee of the Architect to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which
may be due to any sub-contractor.
7. Termination for Default or for Convenience of City.
a. Termination by City. The performance of services under this Agreement may be
terminated by the City:
1. Whenever the Architect shall default in performance of this Agreement in
accordance with its terms, and fails to cure or show cause why such failure to
perform should be excused within ten (10) days (or longer as the City may allow
or shorter, but not less than three (3) days, for failure to provide proof of
insurance or maintenance of any dangerous condition) after hand-delivery,
facsimile or a-mail to the Architect of a notice specifying the default.
The Architect shall not be in default if its failure to perform arises out of causes
beyond the Architect's control and without the fault or negligence of the
Architect. Such causes may include, but are not restricted to, acts of God,
natural disasters, strikes, or freight embargoes, but in every case the failure to
perform must be beyond the control of the Architect. Upon request of the
Architect, the City shall ascertain the facts and failure and, if the City shall
determine that any failure to perform constituted a valid commercial excuse, the
performance shall be revised accordingly and notice of default withdrawn; or
Page 2
2. Whenever for any reason and in its sole discretion the City shall determine that
such termination is in its best interest and convenient.
b. Notice of Termination. In the event of termination for the convenience of the City, the
City shall deliver to the Architect a written notice of termination and the effective date
of such termination. The effective date shall not be earlier than the date of hand-
delivery or the date of mailing of the notice, plus three (3) business days. The notice of
termination shall be sent regular first-class mail to the address of the Architect herein
provided. The Architect or the City may terminate this Agreement, without specifying
the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of
the termination. Upon any termination, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, reports or other material
prepared by the Architect shall become the property of the City. If the Architect is
terminated for the City's convenience and without cause prior to the completion of the
project, the Architect shall be released and held harmless from any use by the City of
the Architect's designs, drawings and other documents produced by the Architect.
c. Termination Procedure. After the effective date of the notice of termination for default
or for the convenience of the City, unless otherwise directed by the City, the Architect
shall:
Stop work under the Agreement on the date specified in the notice of
termination.
2. Place no further orders for materials, services or facilities.
Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
4. With the approval or ratification of the City, settle all outstanding liabilities and
all claims arising out of such termination on orders or reimbursable in whole or
in part in accordance with this Agreement.
d. Termination Payment. After the effective date of a notice of termination for the
convenience of the City, the Architect shall submit to the City his termination claim in
the form of a final invoice in accordance with the provisions in Section 3 hereinabove,
including costs incurred and profit to the date of termination (but not for future profit,
which shall not be paid), and costs incurred because of termination, which termination
costs shall not exceed 10% of the total amount of proposal; provided, however, that in
the event of default by the Architect, no extra costs incurred because of termination
shall be paid to the Architect and any costs paid shall not be a waiver of any claim,
counterclaim or setoff by the City against the Architect on account of any default. Such
claim must be submitted promptly, but in no event later than thirty (30) days from the
effective date of termination, unless one or more extensions are granted in writing by
the City. Upon the Architect's failure to submit a claim in the time allowed, the City
AG1-981
may review the information available to it and determine the amount due the Architect,
if any, and pay the Architect the amount as determined.
e. Termination Settlement. Subject to Paragraph S.d, the Architect and City may negotiate
the whole or any part of the amount or amounts to be paid, upon termination for default
or the convenience of the City.
£ Remedies. The Architect shall have the right of appeal from any determination made by
the City under this termination section; except that if the Architect has failed to submit
his claim within the time provided in Paragraph S.d, above, and has failed to properly
request an extension, he shall have no right of appeal. In any case where the City has
made a determination of the amount due under Paragraph S.d. or S.e., above, the City
shall pay the Architect: (1) the amount the City has determined if there is no right of
appeal or if timely appeal has been taken, or (2) the amount finally determined on such
appeal if an appeal has been taken.
g. Method of Appeal. If the Architect disagrees with the City's determination under
Paragraphs S.d. or S.e., he can appeal this decision in writing to the City. Such appeal
must be made in writing within twenty (20) days of receipt in writing of the City's
determination. The City shall have twenty (20) days in which to respond in writing to
the appeal. The City's response shall be final and conclusive unless within thirty (30)
days from the date of receipt of such response the Architect submits the dispute to a
court of competent jurisdiction. The City and Architect agree that the Pitkin County
District Court is a court of competent jurisdiction to hear such a dispute.
8. Covenant Against Contingent Fees. The Architect warrants that it has not employed or retained
any company or person, other than a bona fide employee working for the Architect, to solicit or secure
this contract, that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any Fee, commission, percentage, brokerage fee, gifts or any other consideration contingent
upon or resulting from the award or making of this contract. For a breach or violation of this contract
without liability, or in its discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
9. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Architect shall be, and shall perform as, an independent Contractor who agrees to use his
or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of
Architect shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
work are under the sole control of Architect. None of the benefits provided by City to its employees
including, but not limited to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Architect. Architect shall be solely and
entirely responsible for its acts and for the acts of Architect's agents, employees, servants and
subcontractors during the performance of this contract. Architect shall indemnify City against all
liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or contributions imposed or required under unemployment insurance, social
Page 4
security and income tax law, with respect to Architect and/or Architect's employees engaged in the
performance of the services agreed to herein. ARCHITECT, AS AN INDEPENDENT
CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION
BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX
ON ANY MONIES EARNED PURSUANT TO THIS AGREEMENT.
10. Indemnification. To the fullest extent permitted by law, the Architect shall indemnify
and hold harmless the City and its agents and employees from and against claims, damages, losses and
expenses, including but not limited to attorney fees, arising out of or resulting from performance of the
Architect's work provided that such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than the project
itself), but only to the extent caused by the negligent acts or omissions of the Architect, its
subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be
liable.
11. Architect's Insurance. (a) Architect agrees to procure and maintain, at its own expense,
a policy or policies of insurance in amounts and aggregates as stated below. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The Architect shall
not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure
or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, or types.
(b) Architect shall procure and maintain, and shall cause any subcontractor of the Architect to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be
procured and maintained with forms and insurance acceptable to the City. All coverages shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Architect. In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage.
(i) Workmen's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and Employers'
Liability insurance with minimum limits of no less than the state of Colorado statutory
minimums. Evidence of qualified self-insured status may be substituted for the Workmen's
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) each occurrence and SIX
HUNDRED THOUSAND DOLLARS ($600,000.00) aggregate. The policy shall be applicable
to all premises and operations. The policy shall include coverage for bodily injury, broad form
property damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent contractors, products, and
completed operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) each occurrence and THREE HUNDRED
AGI-981 Pages
THOUSAND DOLLARS ($300,000.00) aggregate with respect to each Architect's owned,
hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The
policy shall contain a severability of interest provision. If the Architect has no owned
automobiles, the requirements of this Section shall be met by each employee of the Architect
providing services to the City under this contract.
(iv) Architect Liability insurance with the minimum limits of TWO HUNDRED
FIFTY THOUSAND DOLLARS ($250,000) each claim and TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that provided
by Architect. No additional insured endorsement to the policy required above shall contain any
exclusion for bodily injury or property damage arising from completed operations. The Architect shall
be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Architect's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has been
given to the City.
(e) Failure on the part of the Architect to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure any such
policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by City shall be repaid by Architect to City upon demand, or City
may offset the cost of the premiums against monies due to Architect from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time
amended, or otherwise available to City, its officers, or its employees.
12. Citv's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Architect for inspection during normal business hours. City
AG1-981
makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall
provide Architect reasonable notice of any changes in its membership or participation in CIRSA.
13. Exemption From Sales and Use Taxes. All purchases of construction, building or other
materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. City is exempt from such taxes under applicable federal, state and local laws. Owner's
State of Colorado tax identification number is 98-04557. City's Federal Tax Identification Number is
84-6000563.
14. Ownership of Design Materials and Documents.
a. The copies or other tangible embodiments of all design materials, whether or not such
materials are subject to intellectual property protection, including but not limited to
documents, shop drawings, computer programs developed for the Project or if such
programs are not the property of Architect or Subcontractor, data, plans, drawings,
sketches, illustrations, specifications, descriptions, models, as-built documents, and any
other documents developed, prepared, furnished, delivered or required to be delivered
by the Architect or Subcontractor to City under the Contract Documents (collectively
"Design Materials") shall be and remain the property of the City whether or not the
Project is commenced or completed; provided, however, that City makes payment for
the documents in accordance with this Agreement. During the term of the Agreement,
the Architect shall be responsible for any loss or damage to the Design Materials, while
the Materials are in the possession of the Architect or any of its Subcontractors, and any
such Design Materials lost or damaged shall be replaced or restored at the Architect's
expense. The intellectual property rights, if any, to the contents of or concepts
embodied in the Design Materials shall belong to the Architect or its Design
Subcontractors in accordance with their contractual relationship and may be
copyrighted by them in the United States or in any other country, or be subject to any
other intellectual property protection.
b. As to those Design Materials subject to copyright or as to which patent or trademark, or
any other form of intellectual property protection has been, is or will be obtained, the
Architect grants to City as of the date that the Design Materials are delivered or
required to be delivered to the City, a world-wide, paid-up, nonexclusive,
nontransferable (except as provided) license for the term of intellectual property
protection, for the City to use, reproduce and have reproduced, display and allow others
to display and to publish and allow others to publish, in any manner, at any time and as
often as it desires, with or without compensation to the Architect or any third party
subject to the following restrictions: (a) All copyright and other intellectual proprietary
rights in or relating to any of the Design Materials, shall remain the property of the
Architect or Design Subcontractor whether or not the Project is constructed. It is
understood that, except as provided in this paragraph, the Architect and Design
Subcontractor shall have the right to use any detail, part, concept or system(s) shown
on, specified in, or inferable from the Design Materials on any other project and to
retain copies for the Architect's or Design Subcontractor's future use; (b) City shall not,
without prior written consent of the Architect or Design Subcontractor use Design
AG1-981 Page 7
Materials or documents, in whole or in part, for the construction of any other project.
If, however, City agrees to indemnify the owner of the intellectual property rights
against liability arising from the use of Design Materials by City, City shall be entitled
to, at no additional cost to the City, use such materials and documents for additions,
improvements, changes or alterations to the Project after completion. If Architect is
adjudged to be in default under this Contract and the Contract is terminated, City shall
be entitled to use the Design Materials for completion of the Project by others without
additional compensation, or a release, indemnification or other action by City; (c) Any
reproduction of the Design Materials or part of them shall be faithful and accurate to the
original and of good quality; (d) City shall not remove or alter, and shall reproduce and
prominently display on all copies made by City, the copyright notice and other
proprietary legends appearing on the Design Materials when delivered to City. The
restrictions set forth in (c) and (d) above shall be imposed by City on any third party to
whom the City allows to display or publish the Design Materials.
c. It is understood that City considers the Project's aggregate architectural expression (that
is, the overall combination of the Project's visually apparent design features) and any
distinctive individual features, to be unique and of commercial value, and the Architect
and its Design Subcontractors agree not to design or build, or allow other third parties
the use of the Design Materials to design or build another structure(s) having a
substantially similar architectural expression so that an average person would relate the
structure(s) to the Project. Architect and its Design Subcontractors shall, however, be
free to use individual features from the Project or combinations of features in other
projects, so long as the Architect complies with the first sentence of this paragraph.
Architect shall include this provision in its contracts with its Design subcontractors and
provide copies of these agreements to City.
d. As of the conclusion of the Project, or in the event of termination of the Agreement,
Architect shall tum over to City any of the Design Materials referred to in above which
have not yet been submitted to City. Architect shall submit the Design Materials to City
within ten days of the conclusion of the project, or date of termination. In the event of
the failure by Architect to make such delivery as provided above, Architect shall pay
City any damages City may sustain from the failure.
15. Annual Appropriations. If the Agreement awarded as a result of a bid or request for
proposals extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis.
It is understood that payment under any agreement is conditional upon annual appropriation of funds
by said governing body and that before providing services or materials for which funds have not been
appropriated.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered to the respective
persons and/or addresses listed below or mailed by certified mail return receipt requested, to:
City:
City Manager
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Architect:
Reno Smith Architects, LLC
605 W. Main Street, Suite 002
Aspen, CO 81611
(970) 925-5968
(970) 925-5993
www.renosmith.com
18. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex,
marital status, affectional or sexual orientation, Family responsibility, national origin, ancestry,
handicap, or religion shall be made in the employment of persons to perform services under this
contract. Architect agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and forbearance
or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Architect to which the same may apply and, until complete
performance by Architect of said term, covenant or condition, the City shall be entitled to invoke any
remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
20. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the City Manager or Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the City
Manager or Mayor (or duly authorized official in his absence) to execute the same.
21. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
Page 9
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as from
time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
> 9
Dated: ~ 2~
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By: /' j~~e>~e~C
WITNESSED BY:
APPROVED AS TO FORM BY:
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REVIEWED BY:
Project Manager
AGI-981 Page 10
Certification and Suuulemental Conditions to Contract for Services -
Conformancewith ~8-17.5.101, et seq.
Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House
Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating
to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies
and political subdivisions, including the Owner, from knowingly hiring an illegal alien to perform
work under a contract, or to knowingly contract with a Contractor who knowingly hires with an illegal
alien to perform work under the contract. The new laws also require that all contracts for services
include certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
b. 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 Owner.
1. "E-verify program" means the electronic employment verification program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, that is jointly administered by the United States Department of
Homeland Security and the social security Administration, or its successor program.
2. "Department program" means the employment verificationprogram established
pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "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.
c. By signing this document, Contractor certifies and represents that at this time:
1. Contractor shall confirm the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services; and
2. Contractor has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal
aliens.
d. Contractor hereby confirms that:
EXHIBIT `A'
Mazch 11, 2009 Aucusr
RENO
AIA
SCOTT
SMITH
Mr. John Hines AIA
Public Works Department
130 South Galena Street > ° °
Aspen, CO 81611-1975
4 D
RE: Castle Creek Energy Center
Architectural/Energy Services Proposal
RENO ~ SMITH
JOhn, ~AACHITE CTS, L. L. C.~
ttt
1 am submitting this proposal for design services for construction documents and
construction administration for the above mentioned project.
The scope of services we are submitting includes azchitectural and structural Goes „Ba°,>e'
engineering services for the new Aspen Energy Center (Approximately 2300 SF
heated space; 1200 SF unheated space), located on Power Plant Rd., near the Aspen ASPEN
City Shop. To date Rena Smith Architects, LLC has completed DDeL e,"~',oO
conceptual/schematic design, and is in design development coordination with other
design engineering consultants. We have also been working on the requirements for 9]0.925.5968
the Planning Review Application. The attached drawings from 2/16/09 describe the
pCOlect. FACSIMILE
970 925.5993
The attached Elements of Architectural Services show a breakdown of the services E-MAIL
and fees. I have itemized the services to better facilitate your billing/invoicing office~reriosmiRi com
system. Let me know if this is acceptable or if we need to structure it differently.
Please contact me with any questions. If this is agreeable please sign and return a
copy of this proposal to us.
03]1 SOUTHSIDE DRIVE
Respectfully,
BASALT
COLORADO
81621
970.927 6834
FACSIMILE
9]0 92].8840
Scott C. Smith, AIA
Signed
Date
Mazch 11, 2009
CASTLE CREEK ENERGY CENTER; Power Plant Rd.
ELEMENTS OF ARCHITECTURAL SERVICE
RENO -SMITH ARCHITECTS, L.L.C.
Proposed Fee
1. DESIGN PHASE
A. CONCEPTUAL DESIGN
1. Review of Owner's Program
2. Zoning and Planning Analysis Coordination with Land Planner
3. Assist in establishing optimal project program
4. Explore site orientations and access
5. Explore space relationships ("bubble diagrams")
6. Explore interior volumes & exterior massing
(free-hand sketches)
7. Review with Owner COMPLETE
B. SCHEMATIC DESIGN
1. Define interior room layouts
2. Define exterior proportions, and building forms
3. Site /Roof plan
4. Floor plans, drawn to scale
5. Scale model (or perspective renderings)
6. Design review w/ Owner
7. Coordinate with consultants as required COMPLETE
2. CONSTRUCTION DOCUMENTS PHASE
A. DESIGN DEVELOPMENT (TO FINISH)
1. Identify structural system(s)
2. Identify mechanical systems
3. Dimensional floor plans
4. Dimensional elevations
5. Dimensional building sections
6. Design review w/ Owner
7. Coordinate equipment requirements and engineering consultants $9,900.00
B. ARCHITECTURAL CONTRACT DOCUMENTS
1. PLANS
a.) Site Plan: Identify site elements (grading, drainage, hazdscapes etc.)
b.) Detailed floor plans
c.) Roof plan $9,950.00
2. DETAIL ELEVATIONS
a.) Exterior wall elevations
b.) Interior wall elevations $8,500.00
3. DETAIL DRAWINGS
a.) Detailed building sections
b.) Detailed large scale wall sections
c.) Blow-up details of critical assemblies $9,100.00
RENO~SMITH
4. SCHEDULES/NOTES
a.) Schedules of windows, doors, finishes
b.) Specification Notes (General conditions, standards and procedures,
site work, concrete work, masonry, metals, wood, thermal and moisture protection,
doors and windows, finishes (general), specialties.)
c.) Coordinate with engineering consultants; incorporate drawings
and specifications into final document set. $9,850.00
3.
5. STRUCTURAL ENGINEERING
(Framing plans, details, specification notes) $9,900.00
6. ENERGY CALCULATIONS (COMCHECK)
(Efficient Building checklist/equipment coordination) $5,200.00
A. PRE-CONSTRUCTION
1. Assist Owner in reviewing construction scope,
cost, schedule, and bids.
2. Issue permit documents and prepaze clarifications and addenda
(coordinate w/Bldg. Dept) $9,500.00
B. CONSTRUCTION
1. Confer with building official to facilitate issuance of
building permit
2. Review submittals, shop drawings, samples and
test results
3. Coordinate construction questions with Contractor
4. Conduct regular job site meetings with contractor
5. Issue Field Observation Reports /Photos
6. Coordinate inspections of engineering consultants
7. Serve as point of contact for Owner/Contractor
communications, and issue written reports
8. Review Contractor's monthly payment applications
9. Determine date of substantial completion and list of
final items to be rectified
10. Review and issue list of any items to be corrected
during 12-month Warranty period. $9,500.00
Note: These services do not include specialized engineering consultants (Civil, Mechanical/Electrical). Other
services not included: Legal, Land Planning, Landscape Design, Survey/Soils/Materials/Testing, Acoustic
Engineering, Energy Consultant, (LEED Consultant), Interior Design. Reno Smith Architects will provide
sepazate proposals from specialized consultants if desired by Owner. Services related to the planning review
process will be billed per standard hourly rates. Standard reimbursable expenses will be billed in addition to the
above services.
Design changes will be billed at standazd hourly rates (after a fee estimate is approved by the Owner)
REN05MITH
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Bond #6489123
PERFORMANCE BOND
tWOW ALL PERSONS 8Y THESE PRESENTS: That we, the undersigned,
R.A. Nelson & Associates Inc. having a legal
" .".
business address et 51 Eaule Road, Suite 2, Avon CO 81620
a Corporation as Pdndpal, hereinafter celled "Prindpal', and
t~ 9. u i
Safeco Insurance Company of America
s
Safeco Plaza, Seattle, WA 98185
,,
a corporatlon organized urxfer the laws of the State of washinaton . and qualfied to
transed business In the State of Colorado, hereinafter cailed'Surely°, are held end firmty bound unto
the City of Aspen, a Coorado home rule munidpelity, as 061igee, hereinafter called "City', in the
amount of
Two Hundred Thirty Five Thousand Six Hundred Sixty Three and' ($ 235.663.00 1, In lawful
money of the thlftsd States for payment whereof Prirxtipal and Surety bind themseNea, thar heirs,
executore, admalistratore, suaesaus and assigns, Jointly and severally, finny unto these presets.
•N01100 Dollars
WHEREAS, Prinapal has by written agreement dated June 15 .2009,
entered into a coMred with City for Cozv Point Cabin Remodel, 210 Juniper •• in accordance with
the Contrad Documents which Corttrad Documents is by reference made a part hereof, and is
hereinafter referted to as the Contrail.
NOW, THEREFORE, if Prindpal shall well, tNy and faiftrfulty perform its duties, all the undertaMngs,
covenants, terms, condi0ons and agreements of said Contred during fhe original term thereof, and
any eMensions thereof which may be granted by the City, with or without notce to the Surety and
dudng the guaranty pedad, and if Prindpal shall satisfy all daims and demands Irx:urred under such
Contrail, and shaA fully Indemnify and save hamkess City from all cxtsts and damages which tl may
suffer by reason of failure to do so, and shall reimburea and repay the City ell outlay and expense
which the City may irtcir in making good any default, then this obligation shall be void; otherw~e 8
shall remakr in full force and effect
The Surety hereby waives notice of any alteration or extension d time made by the City.
Whenever Pdndpal shall be, and dedar~f by City to be In default under the Confred, the Oily having
performed Cifys obtlga8an hereunder, the Surety may promptly remedy the default or shaA promptly:
(1) Complete the Contrail in accordance with ifs terms and conditions, or
(2) OLNain a bid or bid for completing the Contred th eocordance with its tents and condi8ons,
and upon determination by Surety d the lowest responsiWa bidder, or, 'd the City sleds,
upon determinaton try the Cky and Surety Jonly of the lowest responsible bidder, arrange
for a contred between such bidder end City, and make available as work progresses (even
though there should be a default or suaession of defauks under the Contrail ar Contrails
d completion artengetl under this paragraph) sufficient funds to pay the cost of completion
less the balance of the wntnlct pdce, including other costs and damages for which the
Surety may ba liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contrail price" as used in this paragraph, shall mean the total amount
''Hill Road, Aspen, CO 81611
payable by City to Pdrxapal under the Contred and any amendmerds thereto, less the
amount propedy paid by City to Pdndpal.
(3) Any contract or succession of IX[nhaCfa entered Into hereunder for the completion of the
Contract, shag also be subject to this bond as pert of the odginal Contract abligatlons.
This bond Is intended to be fn satlafadbn of, and in addition to, the bond required pursuant to
Section 3&26.108, C.R.S., as amended.
This bond, as a penalty and indemnificaflon bond, shall also entitle City to recover as part of the
completion of the Contred or the payment of any labor or material costs hereunder, aduai and
consequential damages, liquidated and unGquidated damages, costs, reasonable attorneys fees and
expert witness fees, indudkrg, without Iimltatlons, the fees of engineering or architedurel consultants.
Surety, far value received, hereby stipulates and agrees that to indemnify and save hanNess the City
to the extent of any and all payments in conrtecUon with the carrying out of the cattred whkh the
City may l1e required to make under the law by any reason of such fatlure or deFauR of the Pdncipal.
Further, Suntty and Prindpei shalt prated, defend, indemnify and save harmless the Citys oficers,
agerrta, aervarlte, and empkryaas from end against all dolma and actions and ell expenses Inddenfal
to the defense of such daims ar edbrra, based upon or adalrg'out of injuries or death d persons or
damage to property caused try, or arrstafned In connection with, tftie Conbad by cortdr8orla created
thereby, and on request of the Cky vAN assume the defense of any daim a action brought against
the City.
No right of adbn shall accrue on this Bond to or for the use of any person or corporation dher tltan
the City named herein or the employees, egertts, administra~rs or successors of City.
SIGNED AND SEALED this 79th dayoi June 2009.
PRINCIPAL: R.A. Nelson & Associates, Inc. (s~~
BY~ Attest Bv:
(seal)
By:
Title: 1licole L. McCollam. Attorney-in-Fact
NOTE: Accompany this bond with cerflfled copy of General Power of Attorney from the Surety to
Indude the date of the bond. (Date of Bond must not be prior to date of Contract.) M Pdndpal is
PaAnefship, all partners should exeatta Bond.
'~
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oena, co eo3oz5667
Phone 303.534.4567
Bond #6489123
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
R.A. Nelson & Associates. Inc. having
a legal business
stinao.r. wmq
address et 51 Eaole Road, Suite 2, Avon CO 81620
i a'.
a Cor oration as Prindpel, hereinafter called'Prindpal', and
-PLC,
Safeco Insurance Company of America
nrys name)
Safeco Plaza. Seattle. WA 98185
{eoarya mow/ .
a corpore8on organized underthe laws of the State of Washington and qualified to
trensad business in the State of Cdoredo, hereinafter called `Surety", are held and fsmly bound
unto the City of Aspen, a Cdaado home rule munidpality, as Obligee, hereinafter called `City", in the
amount of
Two Hundred Thirty Five Thousand Six Hundred Sixty Three and NON 88 Dollars (a 235.663.90 1, in
lawful money of the Unfitted States for payment whereof Prlndpel and Surety bind themselves, their
hews, executers, edmintstratore, suocesaors and ae~gna jointly and severalty, tkmly rxtto these
present.
WHEREAS, Prwldpal has by written agreement dated June 15 2009, entered into a
contrail with ~ the Cily for a pro)ad endtled:
in acwraance w{m vra ~onoaa uoamenur wnlClt contr~t documents le by reference made a pert
hereof, and is hereinafter referred b as the Contrail.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, 'ri Prirxipal shall
promptty make payment to aft claimants hereinafter defined, for all labor end material used or
reasonaby required for the use in the performance of the Contract, ttrert this otrfigation shall ba void;
otherwise it shall remain in iufi force and stied, subject, however, to the foNowing cond'Nons:
1. A Gaimant is defined as having a diced contrail with the Prindpal or with subcontractor
d the Prindpal far labor, material, or both, used or reasonably required for the petformance of the
Corurad, labor and material being carstrued to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment directly applicable to the Contrail
2. The above-name Prindpal and Surety hereby jointly and severalty agree with the City
that every daimant as herein defined who has not been paid in full before the explredon of ninety
(90) days efler the date on which the last of such daimant's work or labor was done or parfonnetl or
materials were famished by such dalmant, may sue on this bond for use of such sums as may be
justty due daimant, end have execufron thereon. The City shall not be liable for the payment of any
ccets or expenses of any such suit
3. No stuff ar action shall commence hereunder by any daimant:
(a) Unless datmant, other than one having a direct contrail vVlB{ the Prindpel shall
have given wriden rrodce to arty of the following: The Prirxapal, the City, or the Surety above named,
within ninety (90) days after such daimant did or performed the last of the work or labor, or fumlahed
the last d the materiel for which said Gaim is made, stating with substan8al accuracy the amount
chimed end the name of the party to whom the materials were famished, or for whom the work of
labor was done or performed. Such ratlce shell be served by n~ling the same registered mail or
certified mail, po~age propaid, fn an ernelope addressed to the Prindpal, City or Surety, at any
place where an office k regulady maintained for the transadbn of business, or served rn arty manner
In which legal pracese maybe served In the State of Colorado.
(b) Afler iha expiraflon of one (1} year following the date on which Prirxapal «xfsas~
worfc on said Confrad, It being understood, however, that K any Iimitatbn embodied in this Bond is
prohibited by any law controlling the wnstntcflon hereof, such Nmitatlon shah be deemed to be
amended so ae ~ be equal to the minimum period of IlmNation permitted by such law.
(c) Other than In a state of competent jurisdictlon in and ffir the County of Pitkin,
State of Coorado.
4. The amount of ttis Bond stray be related to the extend of arty payment or payments
made hereurMer, Inclusive of the payment by surety of Dens or claims which may be 1Ned of retard
against the improvement(s), wFlether or not dakn for the amount of such Nan be presented under and
against this Bond.
5. This Bond is Intended to be in satisfaction of, and in addition to, the bond required
pursuant to Sedlon 3&26105, C.R.S., as amended.
8. No final seltlernenf between the City and Prindpal sh~l abridge the right of any
benefldsry herelnder, whose Beim may be unsatisfied.
SIGNED AND SEALED this 7stn day of June .2009.
PRINCIPAL: R.A. Nelson & Associates, Inc. (~
Title:
SUREfY:
of America
Attest:
By: ~ . U ((~K.P PCI if \~t' ~ Al d.._. Witn~es~s.~
TNe: Nicole L. McCollam. Attornev-in-Fact
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety
Comparry to Include the date of the bond. (Date of Bond moat nd be prior to date of Contred). H
Prindpal Is a Partrrership, ~ partners should execute Band.
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shone wa.s3l.awr
Bond #6489123
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as R.A. Nelson &
Associates, Inc. , of 51 Eagle Road, Suite 2, Avon, CO 81620 , ag
Principal,
herefrvdter referred to as "PdndpaP, and Safeco Insurance Comoanv of America
a cerpareflon organized under the laws of the State of _lNashinaton ,and
qualified to transact business in the State of Coorado, as "Sureiy" are held and fimity bound unto the
City otAspen, Cdoredo, as ob9gee, hereinafter referred to as "City," in the petrel sum of
Two Hundred Thirty Five Thousand Six Hundred Sixty Three and N01100 Dollars
($ 235,663.00 1, lawful money of the United States of America, for the Payment of
which sum, well and truly to be made to the City, we bind arxseWes, and our heirs, exeators,
administrators, successors, and assignees, jointly and severally, by these presents:
WHEREAS, sak Principal has entered iota a written Contract with the d>ligee dated
2(109, for fumisNng all equipment, labor, tools and materials for.
Cozy Point Rarx:tl Cabin Rendvadon.
in ecoordence wdh detailed plans acrd specifications on file fn the office of the City Cledt of sob City,
a copy of wtlidt Contract is attached hereto and made a part hereof.
NOW THEREFORE, The cortdifions of the foregoklg obHgationa are such that if the said Pdrxapal
shell wWl and WIy perform ell the oovenanta end conrfltlona of this Contract an the part of said
PrlnGpal to be performed, acrd repair or replace all defects for a pedod of two year(s) as provided
herekl, and protect end save hannbss the Cky of Aspen, Colorado, from all loss and damages 10 life
ar property sulfated or sustained by any parson, firm or corporation, caused by said Prtndpal or his
agertts or Na employees, In the performance of saki work, or by, or in consequence of arty
negligence, carelesarress, or misconduct in guarcling end protecting same, or from any knproper or
defecflve equipment or materials used In the work or other damages, coats and expenses and set
forth in such Contrails, then this obligation shall be void otherwise to remain in full force and effect in
law.
This Bond guarantees that the material and equipment famished and used, and workmanship
employed in the performance of the work desprbed in this Contract wifi be of such ilrarecter and
quality as to Inwre k to be free from afi defects and in oonfinuous good order and in a condition
sa0sfactory to the Governing Body of the City of Aspen for a period of two year(s) from the date of
the issuance of the Certificate of Completion.
This Bond guarantees that the said Pdncipal wifi keep and maintain the subject work without
additional charge ar coal to the City of a period specified, and make such r~alre or replacement of
any defective censtructbn as the City may deem necessary.
The said Principal shall not be required to maintain any paA of the Improvement under this guarentee
which, after its completion and acceptance shall have been removed or aMered by the Chy or ite
agent.
SIGNED AND SEALED this 19th day of June , pppg,
PRINCIPAL: R.A. Nelson 8 Associates, Inc. (dal)
Tine:
SURETY:
Attest:
ey: r~~ll~'~p~lY~~l~lla iat~acgY: ~
Jessica
Title: Nicole 1. McCollam. Attomey-in-Fact ~
(Accompany this bond with cerdfled copy of General Power of Attomey from the Surety Company to
Induda Hre date of the bond.)
'-
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Safeco Insurance Company of America
General Insrrance Company ofAmedca
~1~~I"1i~' POWER 100141hAvenue
;ti~.ll~ttsl~ OF ATTORNEY s ema~wnsetsa
KNOW ALL BY THESE PRESENTS:
No. 12431
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
**********JENNIFER BUB; SARAH FINN; BRADLEY J. JEFFRESS; NICOLE L. MCCOLLAM; KRISTEN L. MCCORMICK;
ROBERTJ. REITER; SHERYLL SHAW; KEITH M. THOMPSON; SUE WOOD; Denver,Colorado"**"*******""'"*"""*"*"*"
iLS true and lawful attomey(s)in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents oT a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21st da of March 2009
Y
Dexter R. Leo9. Secretary Timothy A. Mikolaiewski, Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and oT GENERAL INSURANCE COMPANY OF AMERICA:
"Artide V, Section 13. -FIDELITY AND SURETY BONDS .., the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authodty th execute on behalf of the company fidelity and surety bonds and
other dowments of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted Jury 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(~) The provisions of Artide V, Section 13 of the By-Laws, and
(i) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-o(-attorney appoinment is in Tull force and effed,
the signature of the cenifying oficer may he by facsimile, and the seal of the Company may he a facsimile thereof."
I, Dexter R. Legg , Secretary ofSAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and drat both the By-Laws, fie Resdulion and the
Power of Attorney are still in Tull Tone and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said wrporation
this
19th June 2009
day of
~~ ~~~~
Dexter R. Legg, Secretary
5-0974fDS 3/09 WEB PDF