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RESOLUTION # (Series of 2011) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING 2011 CONCRETE REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Gould Construction, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Gould Construction regarding 2011 Concrete Replacement Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. ®� r� Dated: ;,� ilk G/T/ (1 7 GU /f 47 , 3 Michael C. I eland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 28, 2011 1 Kathryn .. Koch, City Clerk A 0) 0) w c m O O g ry (D NJ N N O) 0) A O) A N N O) 0) 0 t0 7 a Co CO 0 A 00 J 0 0 0 0 00) N 3 0. 0 1 O N ONO -a —a N O 00 A N N 0 W 0 p W W d y 9 0 a N A A N N A co A W N A- 0 A 0) 3 W N d -m 1 T. 0 _ .< . 0 7 0 C) C D C D ,7,y 0 00 O N - o O d d rn , 0 0 7 O 7 W 3 d 0 D CC 7 33000 3 v o 3:0 0 ? O a O W o o c Pi — N w W m d m a d O N 7 R < r G) 9 1 fD c (D c 9) 0 a C N Ln 7 2 N 0 -• C O O Q a v C) ?^ 0 c a O c O y o a 7 7 yO n> C j a o m, 0 C) ( U N0 WN NNN0 a a w O m S3 .X= m 3 < n O. 0 C w 0- a> N A d A d N a N f0 -0 Q 7 m m a D d CD 7• � 2 O 0 o 0 O W D 'm D Znd N N N� 0 0 o O N d N N 0 g N 0 (D En 7 ES CD c 0 .. 3 a co N , T - N(D 5. O � T (0 (D W ry n� 1 r C 0 (n 7 ry a "n 6 0 d M m •' o O y X W ' C C _ 6 a 7 S p f)) d ^ 0 co n I7 m v a 0 a 0 Q d C 3 d f 1- N d 0 a 0D M m d D 7 l a S X -. N N N X v d C N d - Cr d < O OD d 7 CD C 3. 3 7 - 0 co d CO o O < ^. N a a r N 0 CD 0 A A C Co CO DI o 0 0 0 0 A Opp 0 0 0 0 0 0 0 0 " o O O r r r C O C O fnmcn (n N0m (n E r rr r r 71 11 T1 T < D < D « « D « m -no Co CO a . 1 8 c 1 ,7 D W r, 0 1 t9 t9 t9 a a 6 C m g _i t9 <n t9 to F» -` t9 !N _) F» t9 _) t9 to to <n p o 0 3. 7 (o co N N Co p NIT W 0 IT p N (T -. ..a N- .: 0 o W m D N f0 O Co 0 O (.n O (T IT ac p 0 (T 0 W 0) 0 0 0 d d r o O o 0 0 0 0 C p O O p a) 0 0 0 0 0 0 0 a C OD 0 0 0 0 O 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 n a 3 0 0 0 0 0 co 0 7 . O ( p U t9 EA CO N CD W cn CO W o _cn No) W-. _(" A .J -4 W IT O O 1 0 Co A co p O m N O O N W p W O O p p IJ 0 0 0 0 A 0 � W 0 co co 0 0 0 0 0 0 0 Co 0 0 0 CD 0 0 0 0 0 a N(0 W0 0 00 000000000000 (7 p (T O O 0 0 0 0 a 69 49 N -. N W 0 . 69 N A 69 - 0 69 CD A-.a 69 - -J di A 69 69 - CO p CO V J 0) O CO A CO p O O co W 0 J N 0 O A 7, P p co p U( p A A N J A CO p N CO O O O n CO O 0 0) 0 (T O co A IT A W O J O o o d ( 9 p (0 o n.)01000000004 A W 0 0 0 O m 0 N 69 0 t9 ( t9 t9 to t9 t9 t9 t9 t9 — t9 t9 ( c O A J OD A Ni -4 69 E9 t9 E9 -. to, E9 t9 E9 W W .n CT 6) -• a A 1 0 f0 J (D Co 0 ) (D J CO CO N W Cn O) J N O N Co p 0 J (D (D J O A - CO - CO - CO O J A A W o J Ol (D W W In Co a N 0 J J (T CO O N o A J CO O Co J 0 N 0 CO CO CO 0 A N Cr) -I CO J CO O A (T O CO of O (T A 0 0 0 N N 0 0 O O 0 J Co O o O 0 66 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 o 0 0 0 0 0 0 0 .A-. TM Me Man CONTRACT FOR CONSTRUCTION Ilinfs Nike THIS AGREEMENT, made and entered into on March 21, 2011 , 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: 2011 Concrete Replacement Proiect — 2011 - 014 , and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Three Hundred Seventy - Six Thousand Eight Hundred and Thirty ($ 376,830.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97 -2) and in the CC1- 971.doc Page 1 * *CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4 -08 -040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his /her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his /her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC1- 971.doc Page 2 "CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he /she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he /she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: � CITY OFD ° E COLORADO kiAL. 'we J l //' Title: ... , At/ A :I RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By: ,'6Z 1 ��i%t� City Engineering Department Caty.Att ney ATTESTED BY: CONT A TOR:Opt3LO C ?k)swuCnot- By: ice. L. % • Title: 1� 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 BID PROPOSAL FORM PROJECT NO.: 2011 -014 BID DATE: March 21, 2011 PROJECT: 2011 Concrete Replacement Project PROPOSAL SUBMITTED BY: C e t vC.:4-1 ofl CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Goveming Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre - construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including fumishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the BP1- 971.doc 'BPI gel Contractors Initials 0000000000000000000 0 0 0000 O o 000000000000000000 0 0 iI 0000000000010000000 0 M o O 0 0 0 N N IO LO 0 0 CO 0 (0 IO o 0 10 (D 0 CO r- co I- OOIn M 1- r-: r-- "4 wi 0 o N U) co a0 u (0 N N r u) r cm 10 N N r M 6)(90969 V) 09 V) CO 01 69 &) V) V) V) V) V) 09 69- 40. V) V) O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O O C 6 6 6 6 M O OOO (U 6 06001060 O m a 0 o O N r r I° 0 0 10 O) O O N O CO N N w 0 0 0 N r • V) U) f9 d) VI V) 09 699 V) 09 V) 69 V) V) V) V) f9 V) 69 69 doi C J JJ -I -I W UNUCO W U IL ln(O J J r 0 0 0 0 C rrr . co 0 ON°°m 10 N t 7 6 6 10 In r N a 0 0. >1 c F , i0 0 O N P _ c ss 0 "O (0 .0 c V C 0 > 0 O O > L - l0 0 .c a ( X 2 .' 4 ., U L W m 0 w C X O _ 2 C E 0 111 0 N 'O a0. L - C 0 v Q r 0 00 O 0 0 0 a -. r U o a V c " 0 0 Y 0 l0 0 7 co U O . 0 ( n 0 Q. o c a v .0 a Le m X c o U U °p d 0 c (0 0 3 0 H o 0 0 ,a' 0 O) 0 O o O Y 2 en �� _ V z 0 0 0 m0 O O N 0 > m 0 O) N L O 0) CA N ° U R' 0) 0 . 0 U C U 0 1 0UZ Q� �> • d o U C t LL-0 W 0'O 0. 0 U V N T a° E " 0 ° s- 03 0 O Q c 8 0) TO r N l0 > 03 Y C C N 3 O) ..L r m O N w 0 c E c (0 j c n L a m @ U w d v 8° a 0 N m N 0 = w r e m 0 0 u) 0 o c N c " 0 v c to 0 (0 0 7 0 :0 >> d c m '0 ' 0 ' U c o c o a 00 2 ." F O - 0 13 N °° E w f0 0 c c O) ° ° 0 5 0 ' m d w l0 f0 J 0 C sa a� N' ? 0E ) °d cc it w . 0 C U E E a. c` c° N 0 (0) c O c O 0 0 0_ 0 0) O O . - O-- 0 0) 0) O c 0 a. r a. _ a. _ G 22U0 ceix2U (n Ur2� d'0:d'U(AU b V `c0 w 0 O 9 0 0 0 > M = y (7 E (O r O '7 '7 N(•7 '7 M r N Nr � N100 O. RI c Q 0 c 0 CD en a) NN V 000 N O N07 N0 2 0 Z r N OOrOr as 0 0 C.0 a) 0) O Q D NN 6 '7(O(o N N N 0 0 . ( ( 0 0 E y 0. 0 a. 0. W amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. 7 I hereby acknowledge receipt of ADDENDUM(s) numbered through g �� 31/ 4./0 a 3. asp 1 Item Number Description Quantity Unit 106 Material Testing 1 LS 626 -1 Mobilization 1 LS 630 Construction Zone Traffic Control 1 LS 609 -1 6" Curb and Gutter Type 2, Section IIB 4,400 LF 202 -1 Removal of curb and gutter 4,400 LF 202 -2 Removal of asphalt mat 500 SY 404 -3 Hot Bituminous Pavement (Grade SX) 500 SY 608 -1 Concrete Curb Ramp (sheet 202 Construction and Excavation Strds.) 20 EA 703 Structural Road Base 50 CY 412 -1 Concrete Sidewalk (4 ") 30 SY 601 -2 Miscellaneous Concrete Flatwork (up to 8" depth) 90 SY 601 -2 Miscellaneous Reinforced Concrete Flatwork (8" depth) 40 SY Reset Light Post (sheet ENG 213 -T Construction and Excavation 210 -1 Strds.) 5 EA 202-4 Remove concrete 200 SY 210 -2 Reset Inlet 4 EA 412 -5 Concrete Pan 100 SY 900 Snowmelted Sidewalk/ADA Ramps/Curb and Gutter 200 SF Concrete Grinding to address vertically displaced joints 150 LF Please provide a unit price for the Alternates listed below. Alternates may be used in appropriate locations, as determined by the City, as a substitute for the standard 6" Type II curb and gutter Alternate #1 609.03 -2 6" Granite Curb and concrete gutter 300 LF Alternate #2 609.03 -3 6" Steel -faced curb and concrete gutter 300 LF BP1- 971.doc *BP1 Page 2 Contractor's Initials TOTAL BID (not including Alternates) IN NUMBERS: $ Total Bid in Words: I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. 1 . J I Authorized Officer: ? e • V APE , Title: `d Full name signature: d i Yet / Company address: P. 0. nx ( - at ` 7 Si is y fl SPt?( tvl4S 1 60 t bO2 Telephone number: `1 CS '— I z- 1 Fax number: q4 — P I Attested by: Subcontractor & Material Supplier List /� q -1a Name: M /J y Con. rt. c rti /L' /� , Phone #: al/A - 5069 Address: .-23 7 `f Ii�lff/t s cLe_ At ' 4 t t 1 Service or Product: Cate as-e. c (y�� Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP1- 971.doc *BP1 3 Contractor's Initials Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP1- 971.doc *BP1 e 4 Contractor's Initials AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2011 -014 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he /she does not now, nor will he /she in the future, violate the provisions of said Contract Documents, so long as he /she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he /she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal Vl ll D r - itl)C_TIDtS Contractor By: Pal STATE OF COLORADO ) ) SS. COUNTY ) Before me Kre 1) - C( a not ary public and for L AS n P I . County, Colorado pe nally appeared hem- ,j, WA✓'-e— known to me personally to be the person(s) whose signature(s) in my presence this o /S f day of •.iI 'V irc-A , A.D. 2011. ` , t o NAr��plpi/ on expires: /YWCA Z3 24 • to. vs h. C / 6Z / J / ir— Public wt its, O. STATE )" .∎ ".!ii 1Ht%' ACI- 971 .doc •AC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Co /° rp-o/O ) /' �p )SS. COUNTY OF L�rY+'P.CGf ) On this 2 ISF day of /n,11C44 , 20 // , before me appeared 'PG,- • WYtrG to me personally known, who, being by me fir t duly sworn, id say that s /he is I/•c.c 7oves,de.� f- of ( -,Duda Consint •ch, /-c and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. / oC�,�?! ublic 6074 & C(.0 sdo 8/ A dr 0 , ..... 0 li � i NN My commission expires: /f h Z3 2 c/3 OS fel /fie 'ry ATE O ' .s CC1- 971.doc Page 4 "CC1 City of Aspen Qualification Statement Project No.: + + ; 1. a C O iS F O Name, Business Address, Contact Person 6 Telephone Number: 12. Year Present Firm ;3. Date This Form Vwt f riA C f a , t N � Established: Prepared: po BvX l %C r p l r� l°149 3 /(9f i �WOOd ri S • ` 0 `� I� Z ;a . T ype o f Ownership: ? � Small Business C1� I _ Y,` \�'' q ; B. Minority Owned ?t i LOA L 7o . - &'t C. Women Owned PC.+ - e-r - Q__ 5oul d C ov(S+'rc'Lhz- - co vh 5. Names of not more than two principals to contact: Title /Telephone: Z./1° 3 7 9 /oc' Cell al M44-kc. c„a1ae, Pr`s deni 97o 9yS��9/ X'ail b) f e- r J Wm?, Ike- Pres ;Jed, I 970 9415 a � , /� f , ,,x/ i Giro -371- 5 cell 6. Project Examples, Last 5 Years: 3'!{q -� Sift- 4- I Project Name, Location 6 Brief Description: Owner's Name, Address 6 Telephone: : Cost of Work; Date I (X $1,000) I Completed: + + + 1. + + + 2. + + + 3. + + + 4. + + s. 1 + -- + + 6. + + + + + + 8. + + + 9. + + + 10. + in o v e v C 10 N c C m C c N « C d m c C C .o o .E N _ w 9 C 4) w w E N N m N N 0 a 3 >e o 3 m w ` 3 3 a _ C c N Law Q O 2 t N C0 C J O a O E O CO c a 2 3 J g m 9 J m o 2 3 2 0 0 E N 0 O a m E m c « K o 05 E d O 8 a ; « r d ¢ i a c a a 'p m 9. A o co y N L « N c 4 Lo ca 0. 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N. 0 a ''' O O O op O O 0 O O N O 0 N N N N N N 9P- a o 0 o ry o 0 0 0 0 p � o '� u5 in > T E N N N N N N N 0 N O 0 0 O 0 0 0 4 3 G d N N N N N N N N Ci C _' I El co co o \ k \ C co 0 j 0 E 0 \ / 2 ) 0 k = | k + \ - co 3 - 5 0 !# \E 0- { \\ -° k � { )} 'k'' ) [ \\ o \� ci CO } \ \ \ 0 = i E _ { , / ; Is \ 0 \ j � - 0 E. | 0 / o o- / } \ \ \ 2 o § : - ) \ / _ to tit o to o in o !; o / ! \ }k ° § ( 4 Grand Junction Pipe & Supply (Supplier) 970 - 241 -6622 P.O. Box 1849, Grand Junction, CO 81502 Contact: Les Mc Pherson Wagner Equipment (Parts & Rentals) 970 - 945 -1295 18000 Smith Road, Aurora, CO 80011 Lafarge (Concrete /Aggregate Supplier) 970- 963 -8808 P.O. Box 368, Glenwood Springs, CO 81602 Contact: Cheryl Christianson Wylaco Supply Company (Supplier) 800 - 441 -1785 315 Vallejo Street, Denver, CO 80223 Contact: Ed Rosendale Bonding Company /Insurance Company Employers Mutual Casualty Company c/o 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: Nancy Eggink (303) 831-5147 I hereby authorize the firm to whom this information has been submitted to investigate the references listed pertaining to our credit and financial responsibility. d e•.e II. • - o Da V.P #trance Gould Construction, Inc. BID PROPOSAL FORM PROJECT NO.: 2011 -014 BID DATE: March 21, 2011 PROJECT: 2011 Concrete Replacement Project PROPOSAL SUBMITTED BY: Gould Construction, Inc. CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre - construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and /or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages, anticipated profit, or otherwise on account of any differences between the BP1- 971.doc 'BPI Page ontractor's Initials amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. hereby acknowledge receipt of ADDENDUM(s) numbered through . Item Number Description Quantity Unit Unit Price Total 106 Material Testing 1 LS $ 10,000.00 $ 10,000.00 626 -1 Mobilization 1 LS $ 50,000.00 $ 50,000.00 630 Construction Zone Traffic Control 1 LS $ 15,000.00 $ 15,000.00 609 -1 6" Curb and Gutter Type 2, Section IIB 4,400 LF $ 28.00 $ 123,200.00 202 -1 Removal of curb and gutter 4,400 LF $ 13.00 $ 57,200.00 202 -2 Removal of asphalt mat 500 SY $ 15.00 $ 7,500.00 404 -3 Hot Bituminous Pavement (Grade SX) 500 SY $ 55.00 $ 27,500.00 608 -1 Concrete Curb Ramp (sheet 202 Const. and Ex. Strds.) 20 EA $ 1,200.00 $ 24,000.00 703 Structural Road Base 50 CY $ 100.00 $ 5,000.00 412 -1 Concrete Sidewalk (4 ") 30 SY $ 56.00 $ 1,680.00 601 -2 Miscellaneous Concrete Flatwork (up to 8" depth) 90 SY $ 95.00 $ 8,550.00 601 -2 Miscellaneous Reinforced Concrete Flatwork (8" depth) 40 SY $ 165.00 $ 6,600.00 210 -1 Reset Light Post (sheet ENG 213 -T Const. and Ex. Strds.; 5 EA $ 2,500.00 $ 12,500.00 202 -4 Remove concrete 200 SY $ 25.00 $ 5,000.00 210 -2 Reset Inlet 4 EA $ 1,500.00 $ 6,000.00 412 -5 Concrete Pan 100 SY $ 85.00 $ 8,500.00 900 Snowmelted Sidewalk /ADA Ramps /Curb and Gutter 200 SF $ 28.00 $ 5,600.00 — Concrete Grinding to address vertically displaced joints 150 LE $ 20.00 $ 3,000.00 TOTAL BID EXCLUDING ALTERNATES $ 376,830.00 Please provide a unit price for the Alternates listed below. Alternates may be used in appropriate locations, as determined by the City, as a substitute for the standard 6" Type II curb and Alternate #1 609.03 -2 6" Granite Curb and concrete gutter 300 LF $ 89.00 $ 26,700.00 Alternate #2 609.03 -3 6" Steel -faced curb and concrete gutter 300 LF $ 92.00 $ 27,600.00 BP1- 971.doc *BP1 Page 2 Contrac or's Initi Is TOTAL BID (not including Alternates) IN NUMBERS: $ 376,830.00 Total Bid in Words:Three Hundred Seventy -Six Thousand Eight Hundred and Thirty Dollars I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: , Peter are Title: Vice President Full name signature: Q / Company address: P.O. Box 1 • Glenwood Springs, CO 81602 Telephone number: 970- 945 -7291 Fax number: 970- 945 -8371 Attested by: Subcontractor & Material Supplier List Name: Mays Concrete, Inc. , Phone #:970- 243 -5669 Address: 2399 River Road Grand Junction, CO 81505 Service or Product: Concrete Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP1- 971.doc *BP1 Azt Contractor's Initials Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: Name: , Phone #: Address: Service or Product: BP1- 971.doc 'BP1 led Contractors Initials AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2011 -014 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he /she does not now, nor will he /she in the future, violate the provisions of said Contract Documents, so long as he /she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he /she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: Corporate Seal (} so, 01S r Cfl 1 I Contr ctor , 0 By: I.. d1 t ' STATE OF COLORADO ) SS. COUNTY II// Before me gm&v✓4 0 0 to , a notary public and for bin" e d County, Colorado perso�n appeared PL 7 e known to me personally to be the person(s) whose signature(s) in my presence this Zan d day of , A.D. 2011. , ��ghllQos m l� t ✓jpires: /royal 2_of? ```` O' o ea1s,Y �LZ ccc • .,� SNAfl ``�%. ACI- 971.doc *AC1 LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he /she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of $700.00 per day . This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal UL) __O # `]r__ _ ■ 013 i . ctor .4 11 By: Nara 1 . _1 r STATE OF COLORADO ) ) SS. COUNTY '/ / ) Before me 4m , a eanL , a notary public and for C� /deid County, Colorado personally appeared p J we__ known to me personally to be the person(s) whose signature(s) in my presence this 2.2h of day of M , A.D. 2011. `n tu111Up % My commission expires: 0 ;en' O se t t (Seal) ¢ I 0,1 I Notary Public LII- 971.doc. "II simmil Certification and Supplemental Conditions to Contract for Services - Conformance with 48- 173.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06 -1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens — Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8- 17.5 -101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre - employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8 -17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8- 17.5 -102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5 -102, C.R.S. Public Contract for Services: r i, ' 1 CC} if : �// — 0/ Contras or l 7o 0 (-D a & ,,TZZI jC- '(l'DQi • By: Or g ♦ 4 • • Title: i JPW- saved: 3/4/2011- 867 -M:\ city \cityatty \contract \fortes \certification - hb- 06- I343.doc • • DATE(MM /DD/YYYY) A� 0 CERTIFICATE OF LIABILITY INSURANCE 3,22,2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONI ACT NAME: Van Gilder Insurance Corp. PHONE FAX (A/C Nn Fatt.303 -817- 8500 (A/C, No):303 -1131 -5295 1515 Wynkoop, Suite 200 EMAIL Denver CO 80202 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC M INSURER A :7urlr']'1 Amerir:an Insnranrs romp 0 INSURED GOUCON INSURERS: v - 1 - r Ins - 11 •ma - n 2 Gould Construction, Inc. INSURERC: P.O. Box 130 INSURERD: Glenwood Springs CO 81602 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 743956992 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR VIA/10. POLICY NUMBER (MM /DD/YYYY) (MM /DDNVW) A GENERAL LIABILITY Y Y 0L0831154810 3/1/2011 3/1/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 510,000 PERSONAL 8, ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 7 POLICY [ I PRpf r1 LOC $ A AUTOMOBILE LIABILITY Y Y BAp831154910 3/1/2011 3/1/2012 (Ea accitlt t ?INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS X HIRED AUTOS X AUTOS EO DAMAGE (Per accident B X UMBRELLALIAB X OCCUR QK08300881 3/1/2011 3/1/2012 EACH OCCURRENCE $5,000,000 EXCESSLIAB CLAIMS -MADE AGGREGATE $5,000,000 DED X RETENTION $1°, 000 A WORKERS COMPENSATION y NC931154710 3/1/2011 3/1/2012 X WCSTATU- I OTH- AND EMPLOYERS' LIABILITY TORY 1 NITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? n N / A (Mandatory in NH) E . DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: 2011 Concrete Replacement Project/ City project #2011 -014 As required by written contract or written agreement, the City of Aspen, its officers and employees are included as Additional Insured for ongoing operations under General Liability on a primary and non contributory basis, Designated Insured for Automobile Liability and Additional Insured for Umbrella Liability with respect to the above referenced. Blanket Waiver of Subrogation applies to General Liability, Automobile Liability and Workers Compensation. Umbrella coverage follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Aspen THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 130 S. Galena St. ACCORDANCE WITH THE POLICY PROVISIONS. Aspen CO 81611 AUTHORIZED REPRESENTATIVE © 1988-2010 ACOR ORA . Af111yhts reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORD ® DATE(MMIDD/YYYY) A__- CERTIFICATE OF LIABILITY INSURANCE 2/25/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policyges) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Van Gilder Insurance Corp. PHONE FAX 1515 Wynkoop, Suite 200 E-MAIL IC,No,Exn:301- A'37 -R X00 (AIC,No):303 -A11 -5295 Denver CO 80202 ADDRESS: PRODUCER CUSTOMER ID GOUCON INSURER(S) AFFORDING COVERAGE NAIC e INSURED _ INSURER A:ZuriCh American Insurance Comp 0 - Gould Construction, Inc. INSURER B: Travelers Indemnity Company (C 25658 P.O. Box 130 Glenwood Springs CO 81602 INSURERC: INSURER 0 : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1315828863 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR, ADDL SUER POLICY EFF POLICY EXP LIMITS LTR i TYPE OF INSURANCE MISR mVn POLICY NUMBER IMMIDD/YYYY) (MMIDDIYYYY) A I GENERAL LIABILITY 1 Y GL0831154810 3/1/2011 3/1/2012 EACH OCCURRENCE $1,000,000 •X - COMMERCIAL GENERAL LIABILITY DAMAGE RENTED PAMAI (Ea oNTumccum ence) $100,000 1 CLAIMS-MADE 1X 1 OCCUR MED EXP Any one person) 5 10 , 000 PERSONAL 6ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GENII AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO X I LOC $ A • AUTOMOBILE LIABILITY Y Y BAP831154910 1 3/1/2011 3/1/2012 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ' X I ANY AUTO BODILY INJURY Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS _ -- PROPERTY DAMAGE $ _X HIRED AUTOS (Per accident) — 'X ll NON -OWNED AUTOS $ f__ I $ B X - UMBRELLALIAB 'X OCCUR QK08300881 3/1/2011 3/1/2012 EACH OCCURRENCE $5,000,000 EXCESS LIMB CLAIMS -MADE AGGREGATE $5,000,000 DEDUCTIBLE $ IXI RETENTION 510,000 $ A ' WORKERS COMPENSATION 1 W0831154710 3 /1/2011 3/1/2012 X T O _ ER AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR /PARTNER /EXECUTIVE NIA E.L. EACH ACCIDENT $1,000,000 OFFICER /MEMBER EXCLUDED? Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 11 yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 81,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. FOR INFORMATION ONLY N/A N/A CO N/A AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK - HOLD AT AN ANGLE TO VIEW. /EMC Insurance Companies No 917822 P.O. Box 712 • Des Moines, IA 50306 -0712 CERTIFICATE OF AUTHORITY 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 2, 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 Insurance Company, an IowaS Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint: TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ,ASHLEY K. BRYANT, INDIVIDUALLY, GRAND JUNCTION; COLORADO its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows ANY AND ALL BONDS and to bind each Company thereby as fully and to the same. extent as If such instniments were signed by the duly authorized officers of each such Company, and all of the acts of said attomey pursuant to the authority herebygiven are hereby ratified and confirmed. The authority hereby granted Shall expire APRIL 1, 2012 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly caked and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact - ` and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to ahem, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds end undertakings, recognizances, contacts of indemnity , and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shalt be fully and in all respects binding upon this Company. The facsimile or mechanically `reproduced 'signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNEgS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 23RD day of FEBRUARY 2009 seals -1 Bruce G. Kelley, C ha i rman Michael reel , o ies q q y a p N : £ t° n aw 4 C 5 1 % , of Companies 2, 3, 4, 5 & •• President Assistant Secretary F" o " °0R4 ° ," z 5 o " '2,1. = a o " as ° 0 of Company 1; Vice Chairman and CEO of Company 7 SEAL a 1863 - 1953 = y ° 2 n v i �� iOWRS �� • ow" 5ueary' "sung u,unr On this 23 R1ay of FEBRUARY AD 2009 before me a o ° •. x ` F ', ; « ` .- Notary Public. in and for the State of Iowa, personally y ° o " o°ggf o ° ca ; G ry ay y appe an Bruce known o Kelley and Michael the ' P °a ;.: , Freel, who, being by me duly swam did say that they are and are known to me to be the s : SEAL = SEAL > "ii � SEAL - Chairman, President, Vice Chairman and CEO and /or Assistant Secretary, respectively, of $ . ? = o ° ' each of The Companies above that the seals affixed to this instrument are the seals of said , ./ "O?i n , "°`„,' ' 9es o‘; corporations; that said instrument was signed and sealed on behalf of each of the Companies 'nisi• 44,10 by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and ZuAL / iMichael Freel, as such officers acknowledge the execufion of said instrument to be the Ns voluntary act and deed of each of the Companies. � U Ug q I My Commission Expires October 16, 2011. a `4 i rti l /° CHERYL CROWNOVER Comm ss on Number 748064 uRa �° " My Comm. Exp. gotit 20 Notary P in and for the State of Iowa MbTNES, • CERTIFICATE I, David L. Hlxenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on FEBRUARY 23, 2009 on behalf of Timothy J. Blanchard, Andrew P. Walters, Ashley K. Bryant are true and correct and are still in full force and effect In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21st day of March - 2011 . !✓..� ? Vice- President Form 7832 (10- 074th) "For verification of the authenticity of the Power of Attorney you may call (515) 345- 2689." BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That ws, the undersigned, Gould Construction. Inc. _ of P 0. Rox 130. Glenwood Springy. CO 81602 as Prindpai, hereinafter referred to as •Principe", and Employers Mutual Casualty Company a corporation organized under the laws of the State of Iowa , and Qualified to transact business in the State of Colorado, as 'Surety are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter retorted to as "Cfiy,' In the penal sum of: Five Percent (5 %) of Total Amount Bid Dollars (S 5 % ), lawful money of the Untied States of America, for the Payment of which sum, well and truly to be made to the City, we bind ourselves, and our hake, executors, administrators, sucarsaors, and assignees, jointly and severally, by these presents: WHEREAS, said Principal has submltbsd a bld for construction of 2011 Concrete Replacement Project NOW THEREFORE, If the City shall accept the bld of the Principal and the Principal shall enter Into a Contract for Construction with the City In accordance with the terms of such Bid, and given such bond or bonds as may be specified In the Bid Package or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material famished In the prosecution thereof, or in the event of the Maas of the Pt1ndpal to enter such Contract for Construction and glve such bond or bonds, If the Principal shall pay to the City the difference not to exceed the penalty hereof between the amount spedfied in said bld and such larger amount for which the Ptindpal may In good faith contract with another party to perform the work covered by said Bid, then this shall be null and vold, otherwise to remain In full force and effect In law, SIGNED AND SEALED this 21 day of March , 2011 PRINCIP Gould Construction, Inc. By. bf/ Attest: /, • PI 1.l.L rdle: f it'tc iif SURETY: Employers Mutual Casualty Compa '� _ (seal) By: C k - Attest �,(, 0L P w Ashley K. Brya Title: Attnrnev- in -Fac (Accompany this bond with ceded copy of General Power of Attorney from the Surety Company to include the date of the bond.) B81.971.d0c •881