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resolution.council.086-19
RESOLUTION #86 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND CRW INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Truscott Housing Roof Replacement, between the City of Aspen and CRW Inc., a true and accurate copy of which is attached hereto as Exhibit "B"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Truscott Housing Roof Replacement, between the City of Aspen and CRW Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of August, 2019. 7G"'Ir� Torre, Mayor I, Linda Manning, 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, August 12th, 2019. Linda Manning City Clerk V / CONTRACT FOR CONSTRUCTION ASPEN THIS AGREEMENT, made and entered into on July 22, 2019, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and CRW 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: 2019-51072 Truscott Roof Replacement, 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 Five Hundred Sixteen Thousand Twenty Three ($516,023.00) Dollars or as shown on the BID proposal using EPDM materials. 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. 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 CC1-971.doc Page 2 "CC1 Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. 15. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 16.Certification and Supplemental Conditions to Contract for Services - Conformance with §8- 17.5.101, 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. CC1-971.doc Page 3 "CC1 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. CC1-971.doc Page 4 "CC1 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. 8. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. A ESTED Y: CITY OF ASPEN, COLORADO ���CVJ Title: APPROVED AS TO FORM: ity Attorney CONTRACTOR: By: (7�e -Z�t? r . Title: � P 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 5 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF SS._�/,iP S ) On this q day of Svc 20 /� , before me appeared ZC't+�-(- dot ✓�✓� T , to /me personally known, who, being by me first duly sworn, did say that s/he is 1,4 of IJ 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. a ubli Address My commission expires: KYAIRA REED NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040619 MY COMMISSION EXPIRES SEPTEMBER 29, 2021 cc1-971.doc Page 6 "cc1 BID PROPOSAL FORM PROJECT NO.: 2019-51072 BID DATE: June 24. 2019 PROJECT: Truscott Roof Replacements Buildings 400-1000 PROPOSAL SUBMITTED BY: C f k.) r /-,- C CON I'RAC'I'OR CONTRACTOR'S PROPOSAL TO: The Governing Body ofthe 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 ft�r 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. %%hich also constitutes the.Notice to Noceecl. 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 or 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 fbr defective work and/or tier repairs or additional work required for successful completion ol'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 Im-the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work. BP1-971.doc 'BP1 Page 1 Contractor's Initials 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 1'or 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 ofmaterials furnished and work done. The Contractor agrees to make no claims for damages. anticipated profit. or otherwise on account of any differences between the amount ol'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 Twentl,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 cligibilit) 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 . B e Bi Description Removal and disposal of existing roofing assembly down to substrate. Install new. fully adhered HPDM roofing assembl,. metal flashings. Gutter and downspouts. snow stops.and other accessories listed in the Specifications. Base Bid in Numbers S Base Bid in Words ! /t,��' r16^se re[ Base Bid Contract Time for Completion in Calendar Days_ f 7 ( r.f C. < Alternate Bid for Gravel surfaced Built-Up Rooring in lieu of EPDM base bid per specification. BPI-971.doc 'BP1 Page 2 ' - Contractor's Initials Alternate Bid Contract Time in Calendar Days Alternate Bid for T`PORoofing in lieu of EPDM base bid per specification. l $ 6i (.? (5Alternate Bid Contract Time in Calendar Days 7 �J Alternate Bid for PVC Roofing in lieu of EPDM base bid per specification. r 7 $ 7 J _/ f,� Alternate Bid Contract Time in Calendar Days 12- 0 Additional Bid Items Removal and replacement ofdeteriorated "ood decking: $_� per square foot. Removal and replacement ot'deteriorated fascia (no paint) $ per lineal toot. Removal and replacement oi'deteriorated "ood/Masonite `j per square foot. siding(no paint): I acknowledge that in submitting this bid it is understood that the right to reicct any and all bids has been reserved by the owner. Authorized Otlicer: ! Jrill�' "Title: 1gx1I 1rk1/-; 'rl Z-et✓I Full name signature: 14 Company address: `' 'r' < <C� `',�v � � /�.� � 67. 4 . -; 1 -�- Telephone nwnber: 2-7 (l Email: Attested by: r BPI-971.doc 'BP1 Page 3 Contractor's Initials City of Aspen Qualification Statement ProjedNo.: 2019-51072 Truscott Roof Replacement 1. Ii—Name, Business Address, Contact Person & Telephone Number: 2. Year Present Firm 13. Date This pors established P=Vazmd: An(" 4. T1nms of owogXMhjV: C.,Small Business lul 1! .*Ar H 8. Minority Owned •3 Women Owned 5. None of not more than two principals to contact: Title/Telephone: a) b) UKMWJ4", Last 5 Years: proinot Maine. Location i Brief Description: Owner's Name, AddWINDS G Telephone; Cost of Work Date (-4- (X $1.1000) Camp!stod 1. 3 4 ,x I-.. ioA Roof- jn- ,3-ts- 2 Di.:J,--L� A)d,a,, .1,'Wj� e.Ik �Zu -)d/ads, doe A Of.1 4V, Ali -rC-*0-__OV V-4- 9C:-r0C-+- i 3 L:.*- W,Izi:,flu IIAI-I;LA)S 16-)l 16 -140 4. L- cc, W/0-4 aw 044 r TPO 5.7 kb"d i C. $4S u D4, 21- AA it(�,,�A Cc V LL, u Lpq L-'r% %J .-Avy, ilb 4411 6-PIDM -t 'ju. CA I A-- 57 7. e. 9. Project Name, Location i grief Description: Towner's Nemo, Address G Tolo���at of Work Date i L X 91,000) Completed I I I I 12. 13. I 14. — — 15. 16. 17. i 18. 19. I II 7. Sank Helarnoes, Coctaot Person, Talaphona Nuabas: ! � al / �i•• r'�Llf.�•. L�U �'�' yG'I 1.410.-e-: 1 ��•Ir_AllA� �� c'(.�t.t�ii%,•i 4 �.in41'��,t t'//�•�.JO' .� ls�.Jl%�f b) d i e) a• Trade References (anterial suppliers, sgbcoatractcrs, etc,), Contact Person end Telephone N a) �':'I'L 1 V..:.:�•1' �i J.� i oP umber: • • .,. 11 9. None of Bonding Coupacy and Insurance Coapany, Agent's Name. Describe current liability insurance cover L •gat •i,��. .L� I hereby certify that the abova pualificarlon 5t:atoment is accurate and true. 1 haraby authorizo the City of Aspen to contact any and all of the persons/firms listed to obtain f then information rogarding tho a:tfi tions of my firm. rr - - .� T tie QS:-971.doc •Qtil ACO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDMYY) THIS CERTIFICATE IS ISSUED ASA 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(les)must have ADDITIONAL INSURED provisions or 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 NCONTACT AME: Coldest Corporate CO WEST INSURANCE GROUP PHONE (303)688-9597 (303)686-8858 P.O.BOX 910 A/C o t: AK,No ADOREALL SS: DORESS: Into@CO West.COm Castle Rock CO 80104 INSURER A: ACUIIy INSURERS)AFFORDING COVERAGE NAIC e INSURED INSURER B: Pinnacol Assurance 41190 Crv/Inc INSURER C: SCUI/Lloyd's PO Box 631067 INSURER D: _INSURER E: Highlands Ranch CO 80163 INSURER F: COVERAGES CERTIFICATE NUMBER: Master 19/20 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. 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 TFE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS iw A UL bUbK _-_ _1RTZ_y_UV_ POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBERMMIDD/YYYV MMIDDIVYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCURrh I U R hN I hU250,000 PREMISES Ea occurrence S -- MED FXP(Any one person) S 10,000 A ZC5278 03/26/2019 03/28/2020 1,000,000 ' PERSONAL 6ADV,NJURY S GEN'LAGGREGATE LIMITAPPLIES PER, GENERAL AGGREGATE S 3,000,000 POLICY 7X PRO. ❑LOC PRODUCTS-COMP/OPAGG S 3,000,000 OTHER 5 AUTOMOBILE LIABILITY MBINED SIN L LIMIT S 1,000,000 I Ea awtl nl BODILY INJURY(Per person) S SCHEDULED ZC5278 LY AUTOS 03/26/2019 03/28/2020 BODILY INJURY(Par accident) S NON-OWNED PROPERTY A AUTOSLY AUTOS ONLY Per accident) S Medical payments S 5,000 A LIAR X OCCUR 14,000,000 EACH OCCURRENCE S IAR CLAIMS-MADE ZC5278 03/26/2019 03/26/2020 14,OD0,0DO AGGREGATE $RETENTION S WORKERS COMPENSATION S AND EMPLOYERS'LIABILITY Y/N TA T Ogf1 ANY PROPRIETORfPARTNERIEX B OFF'CERIMEMBER EXCLUDED?ECUTIVE E NIA 406360208/01/2018 08/01/2019 E.L.EACH ACCIDENT S 1,000,000 (Mandatory in NH) If yes.datenae Under E L DISEASE-EA EMPLOYEE S 1,000,000 DESCRIPTION OF OPERATIONS Eobw - -- F t DISEASE-POLICY LIMIT a 1•000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached Ir morn space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD Subcontractor & Material Suoolier List Nume: L- I;i LJ < . Phone#. 303"3C� Address: Service or Produce: Name: k- Phone#: Address: `I t Service or Product.- Name: roduct.Name: Phone#: Address: Service or Product: Name: . Phone#: Address: .Service or Product: Name: Phone#: _ Address: Service or Product: Name: _ , Phone #: Address: Service or Product: BP1-971.doc *BPI Page 4 Contractor's Initials BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, CRW,INC. Of 1850 West Baker Avenue,Englewood,Colorado 80110 as Principal, hereinafter referred to as "Principal", and WESTFIELD INSURANCE COMPANY a corporation organized under the laws of the State of Ohio and qualified to transact business in the State of Colorado, as "Surety"are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as"City," in the penal sum of: Five Percent(5%)of the Total Amount of the Bid Dollars ($ ), lawful money of the United States of America, for the Payment of which sum,well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees,jointly and severally, by these presents: WHEREAS, said Principal has submitted a bid for construction of 2019-51072 Truscott Roof Replacement. NOW THEREFORE, if the City shall accept the bid 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 furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract for Construction and give such bond or bonds, if the Principal shall pay to the City the difference not to exceed the penalty hereof between the amount specked in said bid and such larger amount for which the Principal may in good faith contract with another party to perform the work covered by said Bid, then this shall be null and void, otherwise to remain in full force and effect in law. SIGNED AND SEALED this 24th day of .lune 20 19. PRINCIPAL: CRW,INC. (seal) By: 'L r i`– - Attest: By Title: SURETY: "V&STFIELD INSURANCE COMPANY (seal) Witness' 1 3 >oJttrW By.. - l r��hla M.Burnett Zach Rothey.Littleton,Colorada - �Y'itle: Atis�ney-in-Fact ,'(Ac90nVbiny this bond with certified copy of General Power of Attorney from the Surety Company """:,,�Onclllde the date of the bond.) BB1-971.doc -8B1 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 03/13/15,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0500202 07 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a 'Company' and collectively as "Companies,' duly organized and existing under the laws of the State of Ohlo,and having its principal office in Westfield Center, Medina County, Ohio,do by these presents make,constitute and appoint CYNTHIA M.BURNETT, DOUGLAS J.ROTHEY,JOINTLY OR SEVERALLY of LITTLETON and State of CO its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver arty and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - • - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - LIMITATION; THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE ZIURARM,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the sarr.e extent as It such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by Its Secretary,hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do In the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be it Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-In-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' '8e!t Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any cerUficate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached.' (Each adopted at a meeting held on February 8,2000). In wlttfe ,�Iareof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE CO PANNYYJtav8 Cay,;,ed these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto all, da of MARCH A.D.,2015 . C -- Y ;•'P�1�1N/1C14,"' �,•:'"""":�: WESTFIELD INSURANCE COMPANY z 'lLtfhc'd G-; WESTFIELD NATIONAL INSURANCE COMPANY ' f' OHIO FARMERS INSURANCE COMPANY N SEAL ' ceM p =y : 1848 5t�te,gldtlo. "' ' "' Dennis P. Baus,National Surety Leader and County Of MadMtl' ss.: Senior Executive On this 13th day of MARCH A.D.,2015 ,before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did depose and say, that he resides In Wooster, Ohlo; that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above Instrument;that he knows the seals of said Companies;that the seats affixed to said Instrument are such corporate seals;that they were so amxed by order of the Boards of Dlroctora of said Companies;and that he signed his name thereto by like order. Notarial Seal i atpL S Affixed ., 00 \i�l • David A. Kotnik,Attorney at Law, Notary Public State of Ohio N o My Commission Does Not Expire(Sec. 147.03 Ohlo Revised Cade) County of Medina ss.: y �� TE.'Or Oft I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies,illrhich Is still In full force and effect;and furthermore,the resolutions of the Boards of Directors,set out In the Power of Attorney are In full take arid'bffecL. fn"N(iyald�!l�WhbrepJ I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 24th day of ,j„rle C 2&t8 0 AC t,. 3LfN=. SEAL r s.cnrfary "y�+, o; s�!'•, 1848•1*; Frank A. Camino, Secretary BP¢AG 'ti6bklMMf��d)(WD2) jiPg Irl ASPEN LIQUIDATED DAMAGES fir FAILURE TO COMPLETE THE WORK ON TIME 2019-51072 Truscott Roof Replacement The undersigned contractor declares his/her full aH areness 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$1,000./1/1 per daj,. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal CK / Contractor BN STATE OFCOLORADO ) � SS. COUNTY ) Before me ;�;,, ! �, a notary public and for County. Colorado personally appearedr—�—?.� known to me personally to be the person(s) whose signature(s) in my presence this day of l . A.D. 2t-1 KYAIRA REED NOTARY PUBLIC Vly�:ommissioaxpires: `j�d9/oLl STATE OF COLORADO NOTARY ID 20174040619 MY COMMISSION EXPIRES SEPTEMBER 29, 2021 a Fie e \,fi ASPEN AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2019-51072 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 ora Contract. The undersigned further ackno%%,ledges 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 ✓ Contractor STATE OF COLORADO ) SS. COUN'['Y K� ) Before me a notary public and for /{ County, Colorado p rsonally appeared_ 1 1 4— known to me personally to be the person(s) whose signature(s) in my,presence this day of %un e . A.D. 20/. M)' commission expires: (Seal) Notary ublic KYAIRA REED ACI a„ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040619 MY COMMISSION EXPIRES 'AC1 SEPTEMBER 29, 2021 Bond No.040547J PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, CRW,INC. having a legal business (Principal's Name) address at 1850 West Baker Avenue, Englewood,Colorado 80110 a Corporation as Principal, hereinafter called"Principal", and (Corporation,PartnersMp,or Individual) WESTFIELD INSURANCE COMPANY (Name of Surety) P.O. Box 5001,Westfield Center,Ohio 44251-5001 (Address of Surety) a corporation organized under the laws of the State of Ohio and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called"City", in the amount of: FIVE HUNDRED SIXTEEN THOUSAND TWENTY THREE AND NO/100 DOLLARS----- --- ($ 516,023.00--j In lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly unto these present. WHEREAS, Principal has by written agreement dated July 22 , 2019 , entered into a contract with City for 2019-51072 Truscott Roof Replacement in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, if Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety and during the guaranty period, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the City. Whenever Principal shall be, and declared by City to be in default under the Contract, the City having performed City's obligation hereunder, the Surety may promptly remedy the default or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses(even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by City to Principal under the Contract and any amendments thereto, less the amount properly paid by City to Principal. (3) Any contract or succession of contracts entered into hereunder for the completion of the Contract, shall also be subject to this bond as part of the original Contract obligations. PBI-971.doc '"PB1 Page 1 This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 106, C.R.S., as amended. This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the completion of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages, liquidated and unliquidated damages, costs, reasonable attorneys fees and expert witness fees, including, without limitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of the contract which the City may be required to make under the law by any reason of such failure or default of the Principal. Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents, servants, and employees from and against all claims and actions and all expenses incidental to the defense of such claims or actions, based upon or arising out of injuries or death of persons or damage to property caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of the City will assume the defense of any claim or action brought against the City. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the employees, agents, administrators or successors of City. SIGNED AND SEALED this 22nd day of July 2019 PRINCIPAL: CRW, INC. (seal) By: _ / r — Y Attest: By: Title: c3 SURETY: WESTFIELD INSURANCE COM91ANY (seal) Witness: J By: moist: By. Douglas o ey C nthia M.Burnett, Littleton,Colorado Title: Attorne = act NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the date of the bond. (Date of Bond must not be prior to date of Contract.) If Principal is Partnership, all partners should execute Bond. PB1-971.doc "'PB1 Page 2 Bond No.040547J PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, CRW, INC. (Principal's Name) having a legal business address at 1850 West Baker Avenue, Englewood,Colorado 80110 (Principal's Address) a Corporation as Principal, hereinafter called "Principal", and (Corporation,Partnership,or Individual) WESTFIELD INSURANCE COMPANY (Surety's Name) P.O.Box 5001,Westfield Center,Ohio 44251-5001 (Surety's Address) a corporation organized under the laws of the State of Ohio and qualified to transact business in the State of Colorado, hereinafter called "Surety", are held and firmly bound unto the City of Aspen, a Colorado home rule municipality, as Obligee, hereinafter called"City", in the amount of: FIVE HUNDRED SIXTEEN THOUSAND TWENTY THREE AND NO/100 DOLLARS-------- — ($ 516,023.00— in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated July 22 , 2019 , entered into a contract with the City for a project entitled: 2019-51072 Truscoft Roof Replacement, in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contract. 2. The above-name Principal and Surety hereby jointly and severally agree with the City that every claimant as herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed or materials were furnished by such claimant, may sue on this bond for use of such sums as may be justly due claimant, and have execution thereon. The City shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the YB1-971.doc "YB1 Page: 1 construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state of competent jurisdiction in and for the County of Pitkin, State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of liens or claims which may be filed of record against the improvement(s), whether or not claim for the amount of such lien be presented under and against this Bond. 5. This Bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 105, C.R.S., as amended. 6. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this 22nd day of July 12019 PRINCIPAL: CRW, INC. ;J (seal) By: Attest: By. Title: i-� SURETY WESTFIELD INSURANP COMPANY _(seal) J Witness: Douglasoth y Cy hia M.Burnett,Littleton,Colorado Title: Attorne act - NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partnership, all partners should execute Bond. YB1-971.doc "YB1 Page:2 Bond No.040547J MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as CRw. INC. of 1850 West Baker Avenue, Englewood,Colorado 80110 as Principal, hereinafter referred to as"Principal', and WESTFIELD INSURANCE COMPANY a corporation organized under the laws of the State of Ohio 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 referred to as"City," in the penal sum of. FIVE HUNDRED SIXTEEN THOUSAND TWENTY THREE AND NO/100-----------—---------- —___ Dollars ($516,023.00---------------), lawful money of the United States of America, for the Payment of which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees,jointly and severally, by these presents: WHEREAS, said Principal has entered into a written Contract with the obligee dated July 22,2019 for furnishing all equipment, labor, tools and materials for: 2019-51072 Truscott Roof Replacement in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a copy of which Contract is attached hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in guarding and protecting same, or from any improper or defective equipment or materials used in the work, or other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void otherwise to remain in full force and effect in law. This Bond guarantees that the material and equipment furnished and used, and workmanship employed in the performance of the work described in this Contract will be of such character and quality as to insure it to be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of the City of Aspen for a period of two year(s)from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. M61-971.doc "MBI Page: 1 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this 22nd day of July 20 19 PRINCIPAL: CRW, INC. (seal) By: / Attest: By: Title: T SURETY: WESTFIE Q INSURANCE COMPANY (Seal) Witness: BY )MW. By: - Douglas .Ro ey Cyrfthia M.Burnett,Littleton,Colorado Title: Attorney-' - act (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) MB1-971.doc "MB1 Page: 2 POWER#AND ISSUED PRIOR TO 03/13/15, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 0500202 07 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and appoint CYNTHIA M. BURNETT, DOUGLAS J. ROTHEY,JOINTLY OR SEVERALLY of LITTLETON and State of CO its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bondsrecognizances, undertakings, or other instruments or contracts of , suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.- (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY nave caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affusad this 13th day of MARCH A.D.,2015 . 1� Cor orale r,,,,,.w,., .., u.a. 1 ,+^' �L'AA '",, WESTFIELD INSURANCE COMPANY Seals ............c� ���"�• �SG , '*� WESTFIELD NATIONAL INSURANCE COMPANY affixed v= dra. a*. �7A"tir :y�: M: SA: • '� 3 OHIO FARMERS INSURANCE COMPANY 4: SEAL z �HttaTEIPE� ^ - ,• : go 4�1 ` '. o; ;fib:• 1649 •:! By State of Ohio ,,,„,,, * ;.,•.,,,.,,•`+r : Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 13th day of MARCH A.D.,2015 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial ,,,,,,,,W,, Seal �1 A t_ ~~M Affixed ......`llf/ S David A. Kotnik, Attorney at Law, Notary Public State of Ohioa;NT4 o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: TepFO , I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witn sst; Whetecf, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 22nd da of July A. 2019 y 4rl 'Cs to; SEALZ. rV1 WEREo SEAL ' ' 'n. �• 184 / 1 Secretary ' '•.• •�,,rf�vY� %' o: = 4 6:4��,s Frank A. Carrino, Secretary BPOAC2 (con:-ined) (06.02)