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HomeMy WebLinkAboutresolution.council.061-13 RESOLUTION # ki3O (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION 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 AABC 200 Road Utility Completion, between the City of Aspen and Gould Construction, a true and accurate copy of which is attached hereto as Exhibit "A"% 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 AABC 200 Road Utility Completion, between the City of Aspen and Gould Construction, 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. INTROD CED, y READ AND ADOPTED by the City Council of the Cit of Aspen on thq ay of-� : 2013. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held,4t,u'- t c3 K n S. Koch, City Clerk CONTRACT FOR CONSTRUCTION CRMKWOOffive THIS AGREEMENT, made and entered into on June 10, 2013, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GOULD CONSTRUCTION, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: AABC 200 Road Utility Completion, 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 full described in the Contract Documents. Y 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 TWO HUNDRED TWELVE THOUSAND NINE HUNDRED NINE ($212 ) 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. CC I_Z1I I OC 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. AT ESTED BY: CITY OF E COLORADO By. Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: City Engineering Department By- . �' ' ~� ity Attorney ATTESTED BY: CO*IRAOR: By: Title:_. Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc Page 3 ""CC 1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF o/OrAAJO ) COUNTY OF GA-r-;e d ) SS. On this_ day of AA-t: a 2013 , before me appeared being by m ��tpA�s or did a y th t s/he is t m p rsonally known, who, .S �h� of the seal to said instrument is the corporate seal of said corporation, and that saiddinst utment was signed Ined 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. tilt �lf�QQ/ t =may �1 Notary Public I 61-01`IAI/ 4 eL21 r j Gt�SG�3 8/(mac/ Add r s My commission expires: , 3/--I- CC1-971.doc Page 4 "`CC1 Certification and Su lemental Conditions to Contract for Services - Conformance with 17.5.101 et sep. Pu ose. 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. fy The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: I• 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 17.5-102, C.R.S. 8- Public Contract for Services: Contractor: ULD CON TRUCTION By: Title: JPW-saved:5/29/2013-867-M:A city\cityatty\contract\forms\certification-hb-06-1343.doc AC ORO CERTIFICATE OF LIABILITY I N S U RA NOC N E DATE(M M/D D/YYYY)THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFE 5/31/20 13 CERTI FICATE DOES NOT AFFI RMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE THE CERTIFICATE HOLDER. THIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN COVERAGE AFFORDED BY THE POLICIES REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the olic SSUING INSURER(S), AUTHORIZED the terms and conditions of the policy,certain policies may p Y(les)must be endorsed. If SUBROGATION I certificate holder in I' y require an endorsement. S WAIVED,subject to lieu of such ent. A state / endorsement(s). ment on this certificate does not confer ! PRODUCER er rights to the NTACT Van Gilder Insurance Corp. NAME: 1515 Wynkoop, Suite 200 PHONE Denver CO 80202 t - _ FAX E-MAIL A/C No: ADDRESS: INSURERS AFFORDING COVERAGE INSURED INSURER A: rich Ao3erican NAIC#Insurance Com Gould Construction, Inc. INSURER B:TraV I r Indemnity m n C P.O. Box 130 INSURER C: Glenwood Springs CO 81602 SURE IN i RD: INSURER E: COVERAGES CERTIFICATE NUMBER: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES O 5291264 REV F INSU ISION INDICATED. RANCE LISTED BEL NUMBER: NOTWITHSTANDING OW HAVE BEEN IS ANY REQUIREMENT SUED TO THE INSU CERTIFICATE , TERM OR RED NAMED CATE MAY BE ISSUED OR MAY P CONDITION OF ANY CONTRACT ABOVE FOR THE POLICY PERT E T OD I EXCLUSIONS TAIN, THE INSURAN OR OTHER DOCUMENT ONS AND CONDITIONS CE AFFORDED T WITH RESPECT ITIONS OF SUCH POLICIES. BY THE POLICIES D CT TO WHICH THIS INSR CIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HEREIN IS SUBJECT TO ALL THE TERMS, LTR TYPE OF INSURANCE ADDL UBR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP A GENERAL LIABILITY MM/DD/YYYy MM/DD/YYYy GL0831154812 LIMITS x COMMERCIAL GENERAL LIABILITY /1/2013 /1/2014 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 i A AUTOMOBILE LIABILITY i X ANYAUT O BAP831154912 /1/2013 /1/2014 $ accident ALL OWNED Ea 1,000,000 AUTOS AUTOS SCHEDULED BODILY INJURY(Per person) $ x HIREDAUTOS X NON-OWNED BODILY INJURY(Per accident) $ AUTOS PeOacc d Y DAMAGE $ B X UMBRELLA LIAB X OCCUR Z UP1 $ 2S83790 EXCESS 13NF /1/20 S 1 S LIAB 3 /1/2014 CLAIM - EA S MADE CH OCCURRENCE $5,000,000 DED X RETENTION$10 10,000 AGGREGATE $5,000,000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 0831154712 /1/2013 $ ANY PROPRIETOR/PARTNER/EXECUTIVE YIN /1/2014 X WC STATU- OTH- OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH yes, EACH ACCIDENT I If describe escribe under $1,000,000 DESCRIPTION OF OPERATIONS be E. i low L DISEASE- EA EMPLOYE $1,000,000 E.L.DISEASE-pOLICYLIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Exclusions on Workers Compensation for Mark Gould and Ma ry Gould. � Project:AA BC BC 200 Road Utility Completion-City Project As re required Y Number: q d by written contract or 2013-061 I written General ed y and Designated agreement, the Certificate Holder Is Liability signated Insured under the included as Additional Ins e Autom Insured for � Automobile on ! e Liability. going operations under the I 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 South Galena St. ACCORDANCE WITH THE POLICY PROVISIONS. Aspen CO 81611 AUTHORIZED REPRESENTATIVE ACORD 25 2010/0 © ( 5) 1988-2010 ACORD The ACORD name and to CORPORATION. All rights reserved. go are registered mar ed. marks of ACORD I Bond No. S391120 PERFORMANCE BOND KNOW ALL PERSONS By THESE PRESENTS_That we,the undersigned,as, Gould Construction,Inc. addttes ct P.O.Box 130,Glenwood Springs,CO 81602 having a legal business a Corporation Employers Mutual Casualty Company as Principal,hereinafter called'Principal',and P.O.Box 712,Des Moines,IA 50306 VviWeas a oarpotation organized under the laws of the State of Iowa In the SU-to of Colorado,hereinafter called"Su and qualified to tr'ansac#business rule municipality,as Obligee, are bald and finely bound unto the City of Aspen,a Colorado home Igee,hereinatter called"City',in the amount of: Two Hundred Twelve Thousand Nine Hundred Nine Dollars and NO Cents. money Of ttte United Sates for �$212,909.00 } in lawful admini:::;ators,surxessors and assipny a whereof Principal and Suety bind themselves, their hells, executors, g ! ntly and severally,firmly unto these present WHERr:,;S, Principal has by written agreement dated June 10 into c Lnnh,.mt with City for 2013-061 AABC 200 Road Utilit Completion 213'entered which Contract Documents is in am Ordance with the Contract Documents by feferenoe made a part hereof,and is hereinafter referred to as the Contract NOW,-1,H EREFORE, if Principal shall weal,truly and faIthfull conditions and agreements of said Contract during the orfgiryia perfb frr7it n duties,all the undertaldngs, cotenants,terms, gran(�d by+the City,with or without notice to the Surety and during the guaranty any extensions thereof which may be claims and demands incurred under such Contract,and shag fully indemnify and period, and If Principal shall satisfy all damages which it may suffer by reason of MUM th do so,and shall re7mb and harmless City from all costs and whldl the City may incur in making Bond any default; then this obligation shat{be void;y otherwise it shag I remain in fu1i ford and effect The Sure ty her L eby waives notice of any alteration or extension of time made by the City. Whene're.-Principal shall be, and declared by City to be in default under the Coniractr the obilgadon hereunder,the Surety may promptly remedy the default or shall prom ptf . �having�°�C4 Y (1) Complete the Contract in accordance with its term and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance detelMIr ion by Surety of the Iwvest responsible bidder, or, If the upon conditions, and upon and Surety jointly of the lowest responsible bidder, anange for a coat act between poi' rier determination by the City make available as work progresses( though them should be a default or succession of defauRs and r the and Contract or Contracts of completion arranged under this completion less the balance of the contract ri paragraph) sufficient funds to pay the cost of be liable hereunder, the amount set forth In pn iinGuding other costs and damages for which the Su as used in this paragraph hereof The term balance of the Con o may pa�9reph,shall mean the 6a1at amount: tract puce" amendments thereto,less the amount pro payable in City to Principal under the Contract and any ��paid by City to Principal. (3) Any contract or succession of contracts entered into hereunder for the completion of the subject to this bond as part of the original COMW obligations shag also be This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section as amended n 38-26-'it)ti, CC1�971.doc Pie 134 "CC1 Y~ This bond,Contract or as a laity and indemnification bond, shall also entitle City to recover as part of the completion of the Contract or he payment of any labor or material costs hereunder, aqua!and consequential damages, u engineering or macles, c� reasonable attomeys fees and expert vftess fees, including,without linibtlons, the fees mural consultants_ Surety, for value received, hereby stipulates and a any and all payments In connection with the 9 to indemnify and save harmless the City to the extent of the law by any reason of such failure or dethe ct of the Prot Of of C°n�which the City may be required to make under Further, Surety and Principal shalt protect, defend, indemnify and save and employeeS from and against all claims and actions and all harmless the City's officers fen; , agents, servants, actions, based upon or arising out of injuries or dearth of � Incidental to the defense of such claims or connection with, this Contract by conditions seated thereby, and an or damage to properly caused by, or sustained in claim or action brought against the City. n request of the City will assume the defense of any No right of action shall accrue on this Bond to or for the use of an herein or the employees,agents,administratiors or successors of City person or oarpora(ion other than the City named SIGNED AND SEALED this 10 day of June 2013 PRINCI Gould Construction,Inc. By (seal) Attest Trfle_ SURETY. Employers Mutual Casualty Company gy; (seal) Attest rlb8 Attorney- Fact/Ashley K.Anderson Anita C.Keller NOTE:Accompany this bond with rt date copy of bond.(Date of Bond must not be prior tn General Power of Attorney from the Surety to Include the date of the of Contract,)If Principal is Partnership,all partners should execute Bond. CC1�7f.dac Page 135 "CC1 E Bond No. S391120 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS:That We,the undersigned,as, Gould Construction,Inc. address at P.O.Box 130,Glenwood Springs,CO 81602 a Ong a legal business a Tess a Corporation nor as Principal,hereinaftercalled"Principal°,and Employers Mutual Casualty Company 116FTM) P.O.Box 712,Des Moines,TA 50306 a corporation organized under the laiurs of the State of Iowa State of Colorado, hereinafter called"Su and qualed to transact business in the muniapalrty,as Obli ft are held and firmly bound unto the City of Aspen,a Colorado home rule gee,hereinafter called City",in the amount of Two Hundred Twelve Thousand Nine Hundred Nine Dollars and NO Cents Mon ey of The United States for payment whereof Principal and Surety bind themselves,212,90---~�'in lawful administrators,successors and assigns,jointly and severally,firmly unto these present their heirs, executors, WHEREAS,Principal has by written agreement dated June 10 13 Z project entitled:AABC 200 Road Utility Completion 2t), entered into a contract with the City for 0 2013-061 in accordance With the Contract Documents which Contract Documents hereirk'M r to as the Contract is by reftxwce made a part hereof, and is ., NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that If Principal shall promptly make to all claimants her�einatter defined,for all labor and material used or reasonably required for the use in the payment of the Contract, than this obligation shall be void, otherwise it shall remain In full force and perwever, tD the following conditions: efl'ecf, subject however, th 'i. A Claimant is defined as having a direct contract with the Principal or with subeontwor of the Principal for labor, material, or both, used or reasonably labor, .1131 to include that part of water- as required for the performance Of the Contract labor and material being directly applicable b the Contract gas, t ' light, heat, oil, gasoline, telephone service or rental equipment 2. The above-name Principal and Su herein defined who has not been paid in full be�re hereby the eexJpiraflonnof�e� n�with the City that every claimant as Such claimant's wait or labor was done or ninety(so) aYs after the date on which the last of bond far use of such surrxs la as a P�m�ed or materials were furnished by such claimant; may sue on this the payment of any costs or s be try due claimant, and have won thereon The City shall not be liable for expenses of any such suit, 3. No suit or action shall commence hereunder by any claimant; (a) Unless clalmarrl;, other than one having a direct contract with the Principal shall have given notice to any of the following:The Principal, the City, or the s 9 written dalmant did or performed the last of the work or labor,or furnished Surety fast of thmaterial fort tv ch said��rn ids made, stating with substanttai accuracy the amount claimed and the name of the party to whom the materials were famished, or for whom the work of labor was done or performed, Such notice shall be served by mailing the same registiffW or certified mail, postage prepaid, in an envelope addressed to the ftelpal, City or Surety,at any plao�Whhe ofFioe Is regularly molntalned for the transaction of business,or served in any manner in which legal process may served in the State of Colorado. C01-071.dac Pe9e 136 "CC1 CccSira (b) Amer d, expiration of ifa (1) year following the date on which principal ck if being understood, however, that If any limitation embodied in this Bond is � used��°n said Ehe construction hereof, such limitation shall be deemed to be prohibitied by any law controlling limitation permitted by such law, amended so as to be equal to the minimum period of (c) Other than in a state of competent jurisdiction in and for the County of PiWn, State of Colorado. The amount of this Bond shall be reduced to the extent of indusive of the payment by surety of liens or dafms which �Y paymerrt or payments made hereunder, not cla!rn for the amount of such lien be presented under and be films is record against the�mprovement(s),whether or �gafnst this Bond, 5. This 26-705,C,RS.,as Bond amen Is inded.tended to bs in satisfaction of, and in addition to, the bond required pursuant to Section 3& S. 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 'o June day of Zoos PRINCI L. Gould Construction, Inc. By: (�) Attest- Title: ' Attest: SURM.-Employers Mutual casualty cornpany �. ( � Attorney-in-Fact shley, K.Anderson AttP.st. Title; Anita C.Keller NOTE:Accompany this bond with certified copy of General Power of Attorney from the Surety date t the bond. (Dale of Bond must not be prior to date of Con pent to Include the execute Bond- �. fF Principal is a Partnership, all partners should CC14971.doc Page 737 "CC7 /EMCInsurance Companies, P.O.Box 712•Des Moines,Iowa 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 4. Illinois EMCASCO Insurance Company,an Iowa Corporation 7. Hamilton Mutual 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.ANDERSON,JONATHAN B.LAND, INDIVIDUALLY,GRAND JUNCTION,COLORADO its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute the following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1,2015 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 the first regularly scheduled meeting of each company duly called 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 attorney-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 them,to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts 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 shall 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 effect as though manually affixed. IN WITNESS THEREOF,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 22nd day of June,2010. Seals PSGp1 NS(�g9i. :��GO MPq�',. :`PS Y 8.C,'•. Y,�G��OPP 00 :Cn `P(`•4�PP OA9f'���: OOPP ORyr9SL o- - - y Bruce G.Kelley,Chairman Michael Freel Z SEAL z 1863 o" : :21953e�'< of Companies 2,3,4,5&6;President Assistant Secretary o. 'o"" . o' :�: o Z. of Company 1;Vice Chairman and IOWA ti,;;;; ';.° ••,aNA CEO of Company 7 yGO`NoP oAq�F�o, P�` SURgyc�,, yV7Uq.oq, On this 22nd day of June,AD 2010 before me a Notary Public in and for the State of Iowa, - APOR9;',o: ;tee;owPORgr,sue: personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, SEAL = did say that they are,and are known to me to be the Chairman, President,Vice Chairman =w= �= :<: SEAL z= o; ;W: SEAL o` and CEO,and/or Assistant Secretary,respectively,of each of the Companies above;that the seals affixed to this instrument are the seals of said corporations;that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective MUTUa�� Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such officers, UTUq Asa acknowledged the execution of said instrument to be their voluntary act and deed,and the v voluntary act and deed of each of the Companies. LAUREL A. BLOSS o o M COMMISSION NO. 183662 y Commission Expires March 13,2014. �o CRAP ' �oWp " MY COMMISSION EXPIRES NES,�� 3-~, Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,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 22nd day of June,2010,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 10 day of June 2013 n Vice President