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HomeMy WebLinkAboutresolution.council.046-09RESOLUTION # (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING CASTLE CREEK ENERGY CENTER 20" WATER LINE RELOCATION 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 Inc., 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 Inc. regarding Castle Creek Energy Center 20" Water Line Relocation, 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: at ~Gt z Michael C. Irelarid, 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 July 13, 2009. ~. thryn S. Koch, City Clerk PROCUREMENT CONTRACT ROUTING SLII' AND CHECK LIST Instructions: 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. Procurement Description: Castle Creek Energy Center 20" Concrete Water Line Relocation Project #: 2009-048 Budget estimate: $100,000 Is proposed expenditure approved in the Department's budge[? Explain process for vendor selection: lriVltatlOri t0 Bld t~.) l H7 Dept. Head approval of proposal: City Manager Approval if Sole Source: xYes Finance Review: Competitive Quotes: (attach) ContractorNendor Selected: Dept. Head approval: City Attomey review: contract documents to No City Manager Approval: and [a Vendor/Contractor RFP or ITB Completed: ~ ~Y I I(1 ddtif'le~' ! ! RFP or ITB Reviewed by City Attomey: ~$ D ` l n Advertisemen % Bid Opening: Eng. Dept. Review: t ~ ~ f~~ (~ i L ° Advertisement (Attach Advertisement) Con[ractorNendor Selected: 1901.c-1 [Lt l ~/ISVY"W_4'tDll Dept. Head approval: (x.[19/lAAward letter sent: 1L.4~.7 4S ~ ~ Z _I og~ 3 signed contracts resumed by vendor/contractor. / rformance and Payment Bonds received ,t7 certificate of insurance received (/~~ Finance Department Review: If Over $25,000, ~_~_tj I?~(_ Prepare cover memo and resolution for City Council Approval ~'t~n n ~II B C Finance Department Review: City Attorney Review /i3 /c~ City Council Approval ~~ ~, City Manager Approval Notice to Proceed Instructions for Procurement Contract Routine Slip and Check List All City contracts must be processed according to the procedures established by the Procurement Code. See Chapter 3 of the Municipal Code. This Routing Slip and Check List should follow any contract documents during [he approval or referral process. Contracts Under $5,000 1. Ensure that expenditure is in Dept. Budget. 2. Obtain Dept. Head approval. 3. Described selection process for file. Contracts Between $5,000 and $10.000 I. Follow steps for Contracts under $5,000, above. 2. Obtain City Attorney review. - 3. Obtain City Manager approval. Contracts Between $10,000 and $25.000 1. Competitive bidding process must be followed. 2. Call City Attorney's Office at 5055 and obtain procurement #. 3. Prepare Request for Proposal (RFP) or Invitation to Bid (ITB) packet with all Contract Documents. 4. If it is a construction project, request Engineering Dept. review of scope of work and specifications. 5. Obtain City Attomey review. 6. Advertise and send out RFP's or ITB's. (Two consecutive weeks in newspaper with a[ leas[ one week between last ad and bid opening.) 7. Document selection process for vendor/contractor following bid opening. 8. Obtain Dept. Head approval. 9. Send award letter with request for 3 signed copies of contract, performance and payment bonds (if applicable), and certificates of insurance. 10. Obtain Finance Dep[. review. l 1. Obtain City Manager's approval. 12. Send Notice to Proceed with one original copy of contract documents. Contracts Over $25,000 1. Follow steps 1 [hm 10 for contracts between $10,000 and $25,000. 2. Prepare cover memo and resolution for City Council approval. 3. Schedule resolution for City Council with City Clerk. 4. Obtain City Attomey review. 5. Obtain City Manager approval. 6. Send cover memo, resolution and contract to City Clerk for Council's packet. 7. Attend City Council meeting. 8. Send Notice to Proceed with one original copy of contract documents. One original copy of all contracts over $10,000 should end up in City Clerk's Office. Return one original to vendor/contractor and retain one original in department. NOTES: !tip ~~~r, CONTRACT FOR CONSTRUCTION ~ Cmr ar Ase¢~ THIS AGREEMENT, made and entered into on July 13, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GOULD CONSTRUCTION INC., 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 Energy Center 20" Concrete Water Line Relocation, 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: 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. 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 NINETY THREE THOUSAND THREE HUNDRED SIXTY EIGHT ($93,368.00) DOLLARS or as shown on the BID proposal. 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. CCt-971.tloc Page 1 "CC1 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 Counci] 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. ] 0. 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 azise 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 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. ~cc~ IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. f •; AT E TED BY: 7 v ~~v RECOMMENDED FOR APPROVAL: Cityity Engi_y~n g epartment CITY OF SPEN, C/O1LORADO~ By: w [ cT ~~.ti "Y~ Title: APPROVED -A-S~TO FORM: City Attorrie~r CONTRACTOR: By: Title: ~YeS~ d~Cnf 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 ATTESTED BY: CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Co ~orr+do COUNTY OF ~~-NP~I On this ~~ day of , } w 2009, before me appeazed I lA'Yk- ~ • C'~OI.C.QC~ , to me personally known, who, being by me first duly sworn, did say t t s/he is rGSi 2nd-- of C'1d~.2d ConS'(Yla~on , (viG 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 d and year in this certificate first above written. $Z, ~1 tF.r ~'i-is]° • Cad ~bq~ My commission expires: (YI-t'~"C-ti Z3~ Z°t3 SS. Page 4 Certification and Supplemental Conditions to Contract for Services - Conformance with ~8-17.5.101, et seq. Illeeal 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 progam 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 verification program established pursuant to Section 8- 17.5- ] 02(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "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 requu•ed 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 aze 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 confums that: L 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 confirmed the employment eligibility of all employees who aze newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the departtnent program. 4. Contractor shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. CC1-971.doc 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 Owner within three days that Contractor has actual knowledge that the subcontractor is employing or subcontracting 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 stop 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 Owner may terminate this Agreement. Ifthis Agreement is so terminated, Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-]02, C.R.S. Public Contract for Services: ~7/ti `~~~ Contractor: ~~~~ ~^ ~ I Title: ~ r!S~ ~k~.-~~ ,~e~x~'io-, ••cct BID BOND IWOWALLPERSONSBYTHESEPRESENTS,Thetws,theundersigtted, Gould Construction, Inc d P.O. Box 130, Glenwood Springs, CO 81602 asPrirtoipal rwniretoer re-erradbas'PrktdpaP,and_Emolovers Mutual Casualty Companv , a oorporatiart orgati~ed tstder the hws d the 8tsla d Iowa and gtrAtllisd m 1wnMCt 6uiinass in tlta 9tsee d Colorado, as'Suraty" aro held and firmly hound urrb the ~fil d Aspen. Colorado, es obAgee, herotnsRar re(erted to as "t;~r,' h the Penal sum af. Five Percent (5%) of Amount Bid ~~ ~5 % of Amount Bid ~ ~ ~~ d ~ ~~ ~ d Amerlq, f01' the P8)RIMrd ~ Vrhlott SlNil, Wetl and tftdy tD 6a made b th0 (fily, ws b'sd oueeNes, end our trays. awarmrs, adntinbbetors, suoeeswrs, and assignees, jointly and seveltlty, by tltess prosata: Castle Creek Energy Center 20" Concrete WHEREAS, amd Prktdpd trs strbmMOed a Md far aortabuedort d Water Line Relocation NOW T1iBZEFORE. M the pty attall aorept tlta bld d the Princ~al and the Pdrtdpet ahNl srtbr ktto a Coniraot for Consbudiat YNtlt tlts t9ty h amordertoe trio itts tarns d omit Bid, snd ghren surh bond ar bonds ~ mny be speaMed in tlts Bid Package a Carrbad Documatb vrltlt good and arfildatt surely for ttw tblltful parfonnanoa d such oorttrad end tar the prompt paymatt d labor and natertai fumlahed In 1M prwsaMfort thereof, err h the etrort dtlte hies d tlta Prttolpel to enbr sta:tt Carttratd for Catahtarlbn and gNe atx#t bad err bands. M the Prina~al ahaA pay to tlw Ctly the dtlferortw ttd b atwed the penalty horoof bslo)sen the amount apa9Aed in said bid and asst larger amwrd ilx whkh the Porrotpd may h ~ AYtlt conbad Mttlt erto0ter party to perfann the work Wvand by aid Bid, then ttds shall ba null acrd wld, orterwise b tsmtlt M fW few and etfeee h law. gipNEOgNpgEALEp1Na 25th dsYd June _~200g. T1tls: Attorney-in-Fact (Acaom~,y ihk bond wtlh oerMed t>~,y d General Power of Attorney from the Surety Compary m e the de6e of the bad.) BatA/1.doe •eBt SURETY- Employers Mutual Casualty Company tit City of Aspen Qualification Statement i 1'. _,dcY NO-:C~l~ 20(~-BIZ MwE 3-3-63 1- Firm Name, Bna121089 Address, Contact Pc+saon S Telephone Nimber: C-~oc>U~ Cocl~"tRUC~'-Ol~ S 2. Year Present Fia %stablished: 3. Date Thia Form P - ' ~ I' D S~6 C~LC~t 1 ~, x ~ ~ . D . ~ ~ G~/~~,~~~j~ ~I ,.- T, oY O~m er shi ~ e P(- A. mall Husinesa B. Minority O~med 9 - }. ~'lJ G ~ ~ -, / ~~ ~ / ~ 't Q Q ~ '(' L'+ ~ G)~ V~ 17'T1~Cr 1 ~~ ' (~ L I • ( ~ ~ Q ~ / ~1~~ IJNV 1 r0/~ C- Women Owned 9 5. Names oP mt mre thaw tvo principals to contact: Titla/Telephone: ~ ~~~ P~.Es+~En~~ ~ a) M ~ , . I h) p~~. w V. ~ I 6- Project Eraoplea, Last 5 Years: g I A Project Name, Location 6 Hrief DPS¢iption: I 7i I Owner's Name, Address 6 Telephone: Cost o£ Work (% $1,00% Date Completed I 2- a~u,nP ~a~s 11 0 "ti I ' law, o0 C A ~rr~~ e ~E-G-~ ~ I r ; ~~, ~ ~f ~g ~ uN~ `- ~ ~(,1~C.CvG~A~1©DIf l/~f~0° 0 c ~ ~ t~ ooh ~~ 5. I ~ i 6 a 7 8- I 10- ~ I ~ Project Namia, location 6 Brie£ Oeacription: Oxner`a Name, Adtlress c Telephone: I Coat o£ Aork~ hate (% $1,000) ~ Cm S A I I I tl 12. I I ~ 13. f 14. 0 15. 16. B 9 ~ 17. I I r .d 19. j ~ 1 j I 1 7. Bank Re£ernoea, Contact Person. Telephone NumbPi: a) ~ bI e) I 8. Tratle necerecees Ouaterial supplier retractors, etc.), Contact Person and Telephone Number: a) ~ py b) ~ A c) 9. Name o£ Bonding Company nauranca Compaq, l~gent's Name. nescribe current liability insurance coverage: ~ ~ i ereby ce t fy that the above Qualification Statement 'is accurate and true. I he eby authorize the City of Aspen to contact any and al' o£ the per o /fines li ove o obtain further information regarding th ua "rations of my firm. G Signature Ti le QS1-97Ldoc % *QS1 /EMCInsurance Companies No. 839224 P.O; 6ox 712 • Des Moines; lA 50306-0712 CERTIFICATE OF AUTHORITY INDfVIDUAL ATTORNEY IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. `Employers Mutual Casualty Company; an Iowa Corporation 5, Dakota Fire Insurance Company's North Dakota Corporation ~. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property $ Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation ' 7, Hamilton Mutual In§urance Company, an Icwa(Corporation 4.-- Illinois EMCASC+3lnsurartceCompany,anlowaCorporalion hereinafter referred to severally as' Company' and collectively as "Comparnes", each does, by these presents make, constitute antl appoint EILEEN A. BLANCHARD, TIMOTHY J. BLANGHARD; ANDREW P. WALTERS, VtRGINE KORNBLUTH,ASHLEY K. BRYANT, INDIVIDUALLY, GRAND JUNCTION, COLORADO ....,::., ' ......... ........! .....:... ......:.... ......... ; i. ......... its true and lawful attorney-m-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds; undertakings and other obligatory irsWments of a similar nature as follows. ANY AND ALL BONDS and to bind each Comparry thereby as fully and to the same extent as d such instruments were signed by the duly authorized officers of each spch Company, and alfof the acts of said attorney pursuant to the au3hcrity hereby given are hereby ratified and cdnfirmed. The authority hereby granted shall expire APRIL t 2012 unless sooner revoked: r~u,r nvr~r r r rvr~ rvse~n yr nr r vnrer- r This Power-of-Attorney is made and executed pursuant tp and by the authority of Ilia folbwing resolution of the:Boards of Directors of each of the Companies at a regulady scheduled meeting of each company duly called and held in 1999: RESOLVED: The President antl Chief Executive Officer, ariy Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority' to (1) appoint attorneys m fact and authodze'them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recogmzances, contracts of indemnity and other wn4ngs obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to }rim or her. Attorneys-in-fact shop have power and authodty, subject to thelerms and limilattons of the power~of-attorney issued to them, to execute and deliver on hehalf of the Company, and`to attach ilia seat: of the Company thereto, bonds and undertakings, reeogn¢ances, cenGacts of mdemmtyand other wnlings obligatory in Ilia nature thereof, and any such instrument executed by any such attorney-m-fact shall be fully and in all respects binding upon the Company. Certification as to-the validity of any powerof-attorney authorized herein made by an officer of Employers Mutual GasualtyCompany shag be hrlly and in all respects binding upon this Company. The facsimileor mechanically reproduced signature of such officer, whether made tieretofpre or hereafter, wherever appearing upon a certifed copy of any power-of:attorney of the Company; hak be valid and binding upon the Company with fhesame force and a`<'et as though manually effaced. IN WITNESS WHEREOF, the'Companfes have caused these presents tp be signed. for each by their officers as shown, and<me Ggrporateseats to be hereto affixed this 90Rh day of : FEBRUA RY ~ -2D09--- // ~ r•,. os~ ' ~ rz /•tV / y Seals Br G K efley, hairman e J ray S. Badsley ~` of S`O pUpg ~ ~e S'~ Of COmpanlQS 2 3 4, 5 $, President Assistant Secretary ':. 2~ JPp P Oq 9 c~ „oo o q ~~ q 0 F ~ z G : - Q pPPOxg ~ ~' of Company 1 Vice Chairman and f _ ~ SEAL a Q e" t$fi3 _ ~ 1953' =~ , CEO of Company 7 o t • ~ ~ own PWA ., ,,, _ , ., ~t,>, w.'•,.. ...,,,~,q, On this 2Bgplay of FEBRUARY AD ?(1n9 before me a that the foregoing Companies, and<this Power of Atlomey issued pursuanithereto on on behalf of Eileen A. Blanchard, Timottty J. Blanchard, Andrew P. Wallets, Virgme Ko fife true and correct and are still?m full force and effect In Tesbmohy Whereof I have subscribed>my name and affixed the facsimile seal of each Company tti /J Notary Pubfic.in. antl for the Sta Birdsley, who, being by me dui ` Chairman, President, ViceiCh each of The Companies above comprations; that said instrum~ by authority of their respectsy Jeffrey S. Birdsley, as such of voluntary act and deed of each My Commission Expires S ep tet 55 ~ ' ~ ~++ i~ niter. ti... r" and Jeffrey S. P.O. Box 1849, Grand Junction, CO 81502 Contact: Les Mc Pherson Wagner Equipment (Parts & Rentals) 18000 Smith Road, Aurora, CO 80011 Contact: Sandy Lowell Lafarge (Concrete/Aggregate Supplier) P.O. Box 368, Glenwood Springs, CO 81602 Contact: Steve Woods Wylaco Supply Company (Supplier) 315 Vallejo Street, Denver, CO 80223 Contact: Ed Rosendale Bonding Company/Insurance Company Hub International Southwest Agency Ltd 2742 Crossroads Blvd P.O. Box 60130 Grand Junction, CO 81506 Contact: Timothy Blanchard (970)245-8011 Van Gilder Insurance Agency 700 Broadway, Suite 1000 Denver, CO 80203 Contact: Chris Jones (303)831-5147 970-945-1295 970-963-8808 800-441-1785 I hereby authorize the firm to whom this information has been submitted to investigate the references listed pertaining to our credit and financial responsibility. Kimberly D. Ochko V.P. Finance Gould Constrnction, Inc. Date Bond No. 5379878 PERFORMANCE BONA IWOW Nt1 PERSONS BY THESE PRESENTS That ws, the underelgned, as, Gould Construction, Inc. ~ ®~I ~~~ addICE6 et P.O. Box 130, Glenwood Springs, CO 81602 a Corporation 8s Pfi~~ hGelr181terC8lled•p~~pr end Employers Mutual Casualty Company P.O. Box 712. Des Moines. IA 50306 e DO(pBf8tlIN1 OlgerliZied udder the liw3 Of the State Ot Iowa and ~ tranaeGt blrshless b the Slue dCaored0. NerelrraltercaiNd'Suirety, ale held and flrmhr bormd Info tfw Cify dAepen, a Colorado home ntle munidpelily, es Ot>Ggee, frererrmldPl caned "City', In the amasrt a! Ninety Thrcc Thousand Three Hundred Sixty Eight Dollars and No Cents ($ 93,368.00 ), 10 18YVhrl money ~` the UNled States for payment whereof Princ~al and Surety bind themselves, ihe~ heirs, eraeculors, admini.:,ators, sucoereora and es~gns, )afitly end severally, ihmly unto tluase present 1Nl'tE,Rf'r13, p,i,,,a„'t ha8 by YYr~n ~lfaBlltBflt dat8d July 13 •fJJ 09• ar1i8f9d IntD e, i3rltraGt Wllh ply for Castle Creek Energy Center oncre e a er jn aCCOrdanCB Wt(h ilia Contract DOGlr1~1ffi wficfi C~ItVaU i7000rtrd~ b by refU'erree made a pert hereof, and [s lrereYgtOer Ilferied tD ss 11rs Contact NOW, i iiEREFOR~ i(Prirrapal chap wen, trWy and fadhfully perform lls dutlrm, etl 4b undertakings, rznrre~r~, tams, oortdipors and egreerneris of said Cantraet durir~ the origtral term Creraorl: and any e>aarsiorw thereof which maybe gran4~d try the illy, with or wphaR natlae to the Surefyr and during the guarrrg~ period, end M Pdndpal shag setlsly aA dalms and denrerrde masrod under such Gbntracf, end shop fully irrdertarify and aeue hamJ~t G<)I fiom ail coals and derregels wtrkh p may sulky by reaeorl otfailure b do so, and shay retrrtxrrea and repay the try ail outlay and whkh tlt2 lily may tl«a m making e~ mn del`a<~t tl+en this obpgatlon shall bs vokl; otnerwisa p shop narratr in ful tor®and effect The Surety hereby waNee notloa a' any elteraiion or e~merrsmn of flme made by the Cily. VVhafe'a~' Prtrelpal shag be, and dedared by Ctly fn be [n default under the Conhlark fhe ply Fmving perfomled Citys obpgatlon hereunder, the Surely nmy promptly remedy the defautl a strati promptly: (1) Complete the Corrtraet in aomdanee vuWr Its tarrrR and condMorrs, or (2) Obl~n a bid or bids for completing the Contact in sooorderax vlrilh its terms and corrditlorrs, and upon detstmh~on by twrely of lira lowest responslbia bklder, or, If the illy elects, upon demaminapon by the Criy and Sleety Jointly of the lowest responsible bidder, arrange for a oontad between such bidder and Qtr, and mala- available ~ work progresses (awn though there should he a deFauk or suoos~lon of dafatrps under the contslx or Conlraeb of oomplelion arranged under tttk patagra~) aulfident oasis m pay ttre cost d oompl~lorr less the balance of the corrtaC prim inducting ether costs and damages for which the Suety may be Gebie hereunder, the amount sat foAh In the fset paragraph hsreaE The ferm'balance d the Corrhact price" as used to this paregreplt, shell mean tiro tom amount payable by City bD Prtrdpal under the Corrtraet and slny enrendrtssds thereto, Isss the amount properly geld by City tb Prindpal. (3) Arry oontaut or auonseekon of oontrads entered into ipreurrder for the oompletlon of the Contact, shop also be subject>p fits bond as part of the orpitral Contract odigatlana 115 frond Is inbarded to hs in safisfactlon of, and in addipan Uo, the bond raqulrod pursuant ip Section 38 28~10t3, C.RS., as anrended_ Line Relocation CC1871.doc page 34 ~~ Thk bond, es a penally and tndemtdficstion bond, shall aiso arfNle Clgr b recover as pert d the campletlon ~ fhe Contrswt or the payrnerrt of ary labor w material caeb hereunder, adtral and aonsequa~ damages, and unpquldemed damages, male, reasarrable et0omsye tees and expert witrKes fees, kiduatlrp, witlaut limitations, the fees oferrghreedr~ orarehlhscfiaal oaur~rrb. Surely, for value receNed, hereby stipulahes and agrees that b yY and save Frevmless the City b the rodent of arq and all peyrrrarp In connection wltlr the oarying out of the contract which the Cxly may be requhed b nraka under the laW fay any ree6on ot~uch fa~rre or aemautt of the Principal. FuNter, Surety and Prinapst afvl protect, defend, indernrrify and save trartriees tl~e City's dllcEra, agents, servants, and employees flour acrd against all chime end a and aA r inddarml b the defense or such clelnrs or edbns, based upon or arising out a(fnjurtes or deatlt of persons or damage b property caused by, a sustained n oonnee8on with, tl9s Corrbad by oorrdltlons seated thereby, and ~ request of the Gly wN assume the defense d arty delm oradlon brougMegainstlhe Oily. No right of aetlat shill accrue on tlds Bond b or Tar the use of any person a oaporaUon other than fire Clly narttdd herein orlhe employees, ~, edrtdnisbatore ar auxeaaora of City. SICiNEDANDSEALEDttde tarn ~~ ~uiy zoos PRINta Gould Constmc[ion, Inc. t By: Attest Title: SUREIY: Employers Mutual Casualty Company ~ - ~~i' ey: ~~ ~~, ~ J_'ibu. A1GBSt L t`` 1C _ _ _,t. ~ ~ c J ~~ Attorney-in-'e t/ Ashley K Rryan Ca[hy Sommers NOTE: Axornpany the bond wtih certified Dopy of Cleraral Pouver d Attorney flan tl1e Suregr b hxlude Me dab of the bond. {Dabs of Bond mrst not be prior b dame of Contrail.) ff Principal a Parbrership, all pertrrers should eraearma Bond. CC1~71.tlx Payrr 186 ^CC1 Bond No. 5379878 PAYMENT BOND IQ~ICW ALL PERSONS BY THESE PRESENTS: That we, fhe urtdasigned, as, Gould Construction, Inc. havhrg a legal busktess Bddfess ~ P.O. box 130, Glenwood Springs, CO 81602 a Corporation ao Prncpal, herdrwftercalled'Prindpar, and Employers Mutual Casualty Company Y.O. Box 712, lies Moines, IA 50306 a corporation Olganitad rmderMre laws Of the State d iowa .and que6fled to transact business In the State of Cdorddo, hmafrwlElt wtled "Surety', are hdd 8rld tlnnly bound unto the Cigr d Aapsn, a Colorado home -tlle muniapeity, es ObBgee, heteh~er called'Clly", in iha amount of: Ninety Three Thousand Three Hundred Sixty Eight Dollars and No Cents money of the lkided States for payment whereof Principal and StAe4r find lhel edminlstretors, atrooessots and assigns, jointly end se~ilfaly, furnt7l unto these present 93,368.00 ~~ jn leWNl rs, their belts, 8)OBCUtors, WI'$, Pdndpal try by Vrditefl agroement dated July 13 ZO. o_, Entered into 8 coribaGt vYtlft th8 CMy for 8 project entitled: r.,~ae r.ee~ c..e.,.., r......., om~ r.. , ,nr 2009-048 ~~.= a o!n. i ~~o aoi,.~„inn OIb1aCt ra. n eccordenoe with Mfe Contact Docurrtenls which Canhact Doarmer~ is by reference made a part hereof, and is hefdnaffertefened b asihe Conbaot NOW, THEREFORE, THE CONDRION OF THIS OBUOATION is such tf~ n Principal shall PrompMy tneke payment to aN clalmarrSs haetnettsr defined, for all Y6or end trraterlel used a reasonably required for the use in the perfornrerroe d Mrs Contract, then ftds oi~ion shall be voirk otherwl~ ft shell rErrraln In iu11 fatoa std effect, subJeet, favvaver, to the foAovdng conditioner 'i. A Cleirtmnt is defsred as having a dkeet contact with the Prkulpal or wNh subcontractor d the Pdndpd for labor, tnaterlal, or both, used or reasonaby required for the perFomwnw of the Contract, labor and me0arlal being cons4..a:1 to Msifude that part d water, gas, power, ~ beet, ell, gasoline, telephorro service or tan~i equipment direcify a to Mrs Canted 2 Ths abara•namE Principal end Surey heneby jartty and severally agree with Mrs City Mtat every defnrerrt as herds dented who Iree not bean paid in fu0 before Mrs e~iraticn d nbrely (80) days after the date on rNllid'I the lot d ouch r9airnarrls wok a labor was done or perfomred or materials wErs ttmislred by surir deirtmnt may sue on iHs bond for use d such sorts as may be Justly due Gilmant, and have Ee:evtlon thereon. The Cfty shall not be tiabie for the payment of any ooefs or d any ouch auft. 9. No aunt or adforr sireA commence haetutder by any dairrratlt (a) Unless dalmard, other than one having a dkect corrtred with Mte PtirtdpW shall have ghren written notloe to any d the ibtloMArrg: The Pr(nrapd, Mre Cily, or the Surd above named. wtlhb+ rdndy (gt>) days alter such dahnarrt dd or performed the hat of the work a labor, a 4rmkhed Mrs loot dthe material for wlfach affil deim is made, slating wifr subafarltlal accunwy the amount chimed and the nartre of the pally in whom the materials wwe tundshed, or for wham ihs work d labor was done or parfotrned. Such ratite shall be served by ~ the same tegist~ed mall or oeltlfled mall, Postage prepaid, in en envelope addressed to the Prlndpal, City or l3urspr, at any phoe whets an oilloe Ls regulary malydalned for the trerpectlon of business, a eervsd in any rrmrsrer in which legal process may be served to the State d Colorado. rx7~671.dee Pere 196 ^CCt (b) Aflar Bte trogtiration of arts (1) year fouowing the date on which Prindpal ceased work on said Ccnlrad; k being taderstood, howswx, that B any Iintdedort embodied In this Bond is pmttbtiad by arty law cortb+o~ing the mrtsbuttUort hereof sutft lirrtlFadorl shall be deemed to tte amerded sa as m 6e equal to Bra minimum period of Ilrnt~atiort patnUted by sugt law. (c) OBtet then in a state of aompeterR)itriort in and fol'the t.otmty of Pitldn, state or Cobrado. 4. The amount of this Bond ahaA be reduced to the etdatt of arty paymart or payments made twfetrnder, indusive of Bte paymsrtt by sureb of rats or elatnts which may be teed of raooM against the impralamartt(s), whether or riot dart forthe amount of such Ilan be preaatted under and against thb Bond. 5. Thts Bond b intended tp bs in satisfaction of, and in addition t4 1he bond required pursuant io Sectlat 3& 211)5, C.RS., as atnertded. B. No fetal settlanatt betwte:rt the Cigr end Priltdpal shall abridge Bta rigrt oP any t>ar ~Acfary hereunder, wttosa claim rroy bs trnsahsfisd. slGN1ED ANO 9tcAI.Ea this 13th ~ ~ ,mly zoos PiZiNLt,/ Gould C nstr cti n, Inc. (~ AttBS~ Title: $U~2ETY~ Employers Mutual Casualty Company ~~ Attorney-in-Fact/ Ashley K. Bryant Cathy Sommers ~' NOTE: Accompany this bond NAtlt oeAitled copy of General Power of Atthmey from the Surey Company to ktdutie the da11e of the bond. (tote of Bond neat riot be prier b date d Cortlrad). K Principal ~ a Perb'tsahfp, a0 perhtas should etttxtrte Bond. CC1i71.dpc Prge 1J7 ~CC1 Bond No. 5379878 MAINTENANCE BOND tWOW ALL PERSONS BYTHESE PRESENTS, Triatwe, iha undersigned, as Gould Construction, Inc. ~ P.O. Box 130, Glenwood Springs, CO 81602 , ~ Pnnapal, hereinafter refened to as "Pdndpal", and Employers Mutual Casualty Company a corporation organized underthe laws ofthe Stelbe of Iowa ,and quaUfied tb irar>sat business In the State of Colorado, as "Surety" ere held end firmly bound unto the Clty of Aspen, Colorado, es obligee, hereirrafler referred to as"l:ily," in the penal sum oF. Ninety Three Thousand Three Hundred Sixty Eight Dollars and No Cents ~~~ ~$ 93,368.00 1, lawful money of fhe Urtiled Stales of Amedp, for fhe Payment of whtrh sum, well and truly to be made Oo the City, we bind ourseMes, and our hdrs, t~wtors, adminisirators, suoo~sors, and assignees, jointry and severally, by these presents: WHEREAS, said Principal has Elrtered into a written Contract with the obligee dated July 13 20 09 forfumishinp all EgWpmtarrt, labor, tools and materials for: Case C eek Energy Cenrer 20" Concrete Water Line Relocation in eooordanoe with detailed plans and specificatlorl5 on file in the offitx of the Cily Clerk of saki City, a mpy of which Contract Is attached hereto and made a part hereof. NOW THEREFORE, The txxiditlons of the foregoing obligations are suctl that N fhe said Prlndpal shall well and truly perform all the mv>tnaNs and mndfions of this Contract tut the part of said Prindpal >b be peritxm~i, and repair or replaces ail defects for a period of two years} as provided herein, and protect and same harmless the Criy of Aspen, Colorado, from aA loss and damages to Ilfe or property suffered or sustained by any person, firm or mrporation, caused by said Pdndpaf or his agents or his employces, in the perfornance of said work, or by, or in mruequence of any negGgenc~, carelessnt~s, or mfstArldud In guarding and prohecdng same, ar from arty improper or defective equipment or mate[tals used in the work, or other damages, msis and expenses arid set forth in such Contracts, then this ofrligaHon shall be void otherwise 1o rerrrafn in full force and effect In law. This Bond guarantees ttlat the material and equipment fumes and used, and workmanship employed in ti1e perfom>ar>m of the work described In this Contract will be of such character and quality as to insure it fb be free from all defects and in twntinuous good order and in a mnditbn satisfactory W the lwveminq Body of the City of Aspen for e period of two years) from the date of the issuance of the Certificate of Completion. This Bond gtararltaes that the Bald Pdndpal will keep artti makrtdin the subJect work without additional charge or mst to the City of a pertod specified, and make such repahs or replacement of any defective mrlstrudion as the City may deem necessary. CC1.971.doe Page 138 ~CC1 1'ha said Prindpal shall not be required to maintain any part of tha gnprovelnent under this guarantee which, after its cornplt-von and acceptance shall have been renwved or aliened by the Clty or its agent SIGNED AND SEALED this 13th ~ July 20C°~ PRIIJCI Gculd Co ruction Inc. ( I) BY ._ Attest liNe: Employers Mutual Casualty Company SURETY: I Tay: d ~ I~~/ l,- k ~ ~~u. ~ i.,~ :~-~ .t-~: Attorney-in-FA Ashley K. Bryant Attest l ~ F ~ ~ Cathy Sommers ~;,~~ (~) (Accompany this bond with certlfted Dopy of General Power of Aitomey from the Sutety Company to include the date of the bond.) CC1-971.dw Page 13B "CC1 .... /EMCInsurance Cori~panies No. 83925 P.O: Box 712 • Des Moines, A 50306-0712 CERTIFICATE OFAUTHORITY INDIVIDUAL ATTORNEY IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. 'Employers Mutual Casualty Company;. an Iowa Corporation 5, Dakota Fire Insurance Company; a North Dakota Corporation ?. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property $ Casually Company, an Iowa Corporation 3: Union insurance Company of Providence, an Iowa Corporation 7, Hamilton Mutual Insurance Company, an Iowa Corporation 45` Illinois EMCASCO Insurance Company, an Iowa Corporation herelnafler referred taseverally;as "Company" and collectively as "Companes", each does, by these presents make, constitute and appomt EILEEN A. BLANCHARD, TIMOTHY J. BLANGHARq,ANDREW P. WALTERS, VIROINE KORNBLUTM,ASHLEY K. BRYANT, INDIVIDUALLY, GRAND JUNCTION, COLORADO ....::::: .: ....... ........ .. ...:i. ., ....::~ ......:... ...-.:;: ......... its true and lawful attorney"in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds undertakings, and otherobligatory instruments of a similar nature asfollows ANY AND ALL BONDS and to bind each Company thereby as fully:and to the same extent as if such mstmments were signed by the duly authorized officers of each such Company, and aB of the acts of said attorney pursuant to the authority herebygiven are hereby refit ed an¢ cdhfirmed. The authority hereby granted shah expire APRI] 1, ~f112 unless sooner revoketl: ~~,r r rvnr r r r vr• r v.~~ ~r~ vu. r~r a v~~~~~. r This Power-of-Attorney rs made and executed pursuam to and by the authority of the folbwmg resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting ofeacM Gornpanyduly called and Meld in 1999: RESOLVED: The President an8 Chre(Executive Officer, any Vice President, the Treasurer end the Secretary of Employers Mutual Casualty Company shall have power and authorlty'to (1} appoinf attorneys m-fact and authorize them to execute on behalf of each Company and attach the seal of the Cpmpany thereto, bonds and undertakings, recognrzances, contracts of udemnity and other writings obligatory in the nature thereof, and (2jioYemove any sucM`attomeyin-fact at any time and revoke the power and authority gwen to him or her: Aifomeys-in•facC shall have power and authority, subject to the terms and limitatwns of the power=of-attorney sued to them, to execute and deliver on behalf of the Company, and to attach the seat<of the Company thereto, bonds and urilerlakmgs, r2dogmzances; contracts of indemmtyand other wotings obligatory in tfie nature thereof, and any suchlnstrument execute¢ by any such attorney-m-fact shall be fuly and in all respects binding upon the Company. Certification as to the val~ty of any power-0f-aitornep authorized herein made by an officer of Employers Mutual Casualty'Company shall be fully and in all respects binding upon this Company The facsimile a mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company; shall be valid and binding upon the Company with the same force and offset as though manually affixed. IN WITNESS WHEREOF, the Companies have caused These presents;o.be signed for each by their officers aS hovm, and the Corporate seals to be hereto affixedahis p^tRn day of FEBRUARY ~ ~nno ~ ~ Seals ' Bruce G Kelley, hairman J ey S bird ep ,,,, ~S~p INSUgg2 QPN`~ uo of Qw a r'ss •; meanies 2, 3, 4 5 8 ;President Assistant Secretary _... of Co , F ow°°^< °," y° 'moo"°°Aq so . : o oN°°Aa ° ' of Company 1; Vice Chairman and " ` z' ~ ' CEO of Company 7 € SEAL ~ ~-,..1663 0 5 1953,.-; 0 ~ fOWP Y ,p OwP NSUPANCF ~hirsuxgN~ ~,uruA,°,., On this23$[dayof FFRRIfQRY AD 21jpg beforemea yo° oavonq °o ~~,• R°oA, r ; - ~4s ,,, °A, as '- Notary Publioan and for the State of Iowa, personally appeared Bruce G Kelley and Jeffrey S. Q _ ~° ; _ ~ y, who, bein b me dirt sworn, did sa that the are, and are. known tome to be the '`~ Birdsle 9 Y Y Y y ~' SEAL = ~-SEAL =' €g SEAL a`~ 'Chairman, President, ViceChauman ani1CE0 and/orAssistan Secretary, respectively, of y r o =•,; ~: ' b~ ~° `,each of The Companies above; that the seals affixed fo this instiument are the seats of said fowr „ ",°~° oa+~ - s'~owes~o~' ~' corporations; that said instrument was signed and sealed on behalf of each of the Companies '^~^•° ~ '^~•~~° ^•~~•+^ by authority of their respective QOardS of gireetprs; and that the said Bruce G. Kelley and tua~ rN Jeffrey S. Birdsley, as such officers, acknowledge theexecu6on of said instrument to be the ~' uru ° voluntary act and deed of each of the Companies. a "~y My Commission Expires September 30, 2009 n ~4 FtUTA KRUMIN~ O~ `x' G Commbsion Number 176255 ~•~+r`~ 1 ~a~+~rW~.+r ~"( O aA c M Comm. .Sect 30, 2009 `~M s ~~ Y ~' ~ Notary Public in and for the State of Iowa 'CERTIFICATE I, David L. Hixenbaugh Vice President of the Companies, tlo hereby certify that the foregoing resoluhonof fhe Boardsof Directors by sash of the.:, Companies, and this Power of.Attomey issued pursuant:thereto on FFRRI IARY ez:;onrw on behalf of Eileen A. Blanchard, Timothy J. Blanchard, Andrew P. Walters, Virgine Kornbluth, Ashley K. Bryant ate true and correct and are siiUiin full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 13~t day of Jul~_~', 2009 . ~~ ~ t-.-"~J Vice-President