HomeMy WebLinkAboutresolution.council.025-00 RESOLUTION NO. ~
(SERIES OF 2000)
A RESOLUTION GRANTING A CONSTRUCTION CONTRACT TO GOULD
CONSTRUCTION, INC., FOR THE CITY'S DEPP CONTRUCTION PROJECT WITH
THE PROPOSED OPTIONS A-E AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract between the City
of Aspen, Colorado and Gould Construction, Inc., a copy of which contract is annexed hereto
and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO.
Section One
That the City Council of the City of Aspen hereby approves that the contract between
the City of Aspen, Colorado, and Gould Construction, Inc., regarding the DEPP Construction
Project contract, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said contract on behalf of the City of Aspen.
Dated: '~~ ~'~, ,2000.
Rach~ E. R'chard, Mayor ~ ~ ~
I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree
and accurate copy of that resol~9 adopted by the City Council of the City of Aspen,
ColoradO, at a meeting held ~ c>~g~ ,2000.
: Kathryn S. ~h, City Clerk
g: \jol~n~word\r~ s0\gould_const
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on March 1~ 2000 , 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 proiect #2000-02 Aspen
Downtown Enhancement and Pedestrian Plan, 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, ~n 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 prowsions 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 One-million,
six-hundred seventy-five thousand, seven-hundred and six dollars
($1,675,706.00) 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 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 construea, 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 tn 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
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 OF ASPEN, COLORADO
~ Title'. C~. ,,~
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
City Engineering Depa~m'lent Ci~'l~rn~ '
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.
CERTIFICATE OF INCORPORATION ~¢~' '
(To be completed if Contractor is a Corporation)
STATE OF ~~ )
) ss
COUNTY Of
On this C~'t~ _ day of M. Rr~ ' . ,2000, before me appeared
--J'~nn L~L~c~c P_ . to me pemonally known, who,
being by me first duly sworn, did say that s/he is t_)¢r~ .,r~.~¢..~,_,~_,,.,~ ' of
6~1 04 ~(~n._~z~-~t~ 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
Notary Pbl~lic
Address --
My commission expires: I'l / ~)] ~
·
February 14, 2000
Owner: City Of Aspen Project: ADEPP
Address: Aspen, Colorado Address: Aspen, CO
Phone: (970) 920-5080
1.) This proposal includes the work outlined in the attached pages.
2.) Plan Lnformation
Plans prepared and issued by: Loris and Associates, Inc
Dated: 9/14/99
Addenda: l&2
3.) Additional Considerations or Alternates
Bid based on one move-in and one move-out
· Vehicular traffic will not be permitted through the project site until Gould
Construction feels it is safe to do so. (The Phasing Plan in the prints will not
be used.)
· Pedestrian traffic will have access to businesses through designated walkways.
· Street light poles are very long lead items, Liquidated damages will not be
pressed upon Gould Construction for the delay of these items.
· Owner to provide uniformed traffic control for signal pole relocations.
· Bid assumes rotomilled asphalt can be used as road/sidewalk subgrade or
class 6 on site where needed.
· The four irrigation controllers are proposed as one single 32 station controller.
· Norway Maple trees are bid at 5" caliper, price may be negotiated if we can
find the specified 4" caliper.
· Bid assumes existing asphalt is 6" thick.
· · This proposal is based upon a mob'flization in date of April 1, 2000
_ 4.) Exclusions
· Item 613 New traffie signal poles (40' & 30') have been excluded, contractor
proposes to use existing poles in their new locations (New means reset in the
tabulations for these items.). Prices for new heads have been included in the
bid.
· Information Kiosk-Price to be determined at a later date or product furnished
by the owner. Liquidated damages will not apply.
5.) This proposal will become a part of any contract between Gould Construction and
the Owner/General Con. actor.
6.) The contract amount for the complete job as described above, subject to terms and
conditions as outlined, in the sum of
$1,657,706.40
7.) This proposal-contract is subject to acceptance within 60 days fi'om date and
thereafter only at the option of Gould Construction Inc.
Accepted and approved (date). Accepted and approved (date).
G~SiT '../~ m:~~~,~ Owner/Contractor,~,,~
N~e P~ ~ N~e P~t~
Title Title
CHA~GE OldER
City of Aspen Engineering Del~tment Change ~d~ No. I
PRO'CT: DEPP 2000-02 DA~ OF BSU~CE: M~h 1, 20~
O~ C~ of As~
CO~CTO~ O~'s ~j~ No. 20~2
Go~d Common
~ Box 130 As~t ~er:
Gl,nw~ Sp~ CO 81602
~G~ER'S Proj~t No. 20~2
You ~ d~ to m~ ~ follo~g c~ ~ ~e ~n~ct ~.
D~e~pfion: C~ge ~ ofi~ s~.~ ofwo~ ~ follows: dele~ ~1 of~e work on Mill S~t ~ ~
S~ ~d Hop~s Avenue ~ce~ ~a~g ~e ~t which ~11 ~ done s~h ~a ~e pavm~t on all ~ bl~
of~e pmj~t ~11 ~on ~ d~ ~ ~s Ass~ia~s ~or ~e C~ ofA~n A~a M~er. ~s.~ll
n~simte rome ~i~ of ~e ~wav to ~t for ~sifions m~g ~e e~g sid~ c~ ~d ~r.
~for, ~me od~al bid i~ ~ve not ~n gel~ ~d. mine i~s ~ve ~n ~ ~ ~e M~ SI to
Hop~s Ave. ~ffion of ~e pmj~ to allow for ~e ~g to ~ al~. ~ Mditio~ all pm~ l~m~e~ ~
etch~g Mll be ~ov~.~m ~e. ~11 S~ ~ffion of~e pm}~ ~e ~g Fo~ Co~ion will ~
dele~ ~m ~e ~n~ ~d ~is C~ge ~er will d~ ~e t~e allo~d for ~is pmje~ ~ one w~k by
cheung ~e ~ng ~ to April 8, 2000.
Pu~ose of C~e O~en R~u~ sco~ of wo~.
A~chmen~: S~ C~ ofAs~ sp~h~ ~en~ pm~ ~ ~ e~a~ by, S~g ~ Ci~ of ~n
Asset M~gement ~ ~t~ ~h 1, 20~.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price: Original Contract Time:
$1,675,706 63 days or April 1, 2.0p0 to June 3, 2000
Previous Chanse Order No. to No. Net Change from previous
Change Orders
Con~act Price prior to Contract Time prior to
this Change Order: this Change Ord~
$1,675,706 63 days or Anril 1.~ 2000 to June 3. 2000
Net Incr~s~ (decrease) Ne~ Ink, ease (decrease)
ofth/s Change Order of tiffs Change Order
(S460,478) (7 DaYs or from April 8~ 2000 to Ju,ne 3~ 2000)
C~uhact Price with all Couixact Time with all
approved Clumge Orders: approved Change Orders:
$,1,215¢28 April, 8~ 2,000 to June 3, 2000
RECOMMENDED:., APPROVED: APP~~ ~ .~ ~
Asset Manager Owner
e~c,-~o~ CO 1
BOND NO. S259932
PERFORMANCE BOND
KNOW A~L PERSONS BY THESE PRESENTS: That we, ~he undemign~, as,. GOULD CONSTRUCTION, INC.
6874 HIG~A? 82, GLE~00D SPRIGS~ C0 81'601 , ha~ngal~b~in~..~
addr~at 6874 ~I~HWAY 82, ~LE~0D SPRINaS. C9 8~601 ...-
a COL0~0 ~iPdn~, hereJ~r ~l~'Pdnoi~'f, ~d
EMPLOYERS ~ CASUALT~ COMPLY
P.O. BOX 441098, AURO~ CO ~0944~s~
a ~o~on o~ ~der ~e ~ of ~ ~te of'_~ IOWA , ~d quailed to ~'bU~ne~
~ ~ ~ ~l~. h~ei~ffer ~ ~ure~, are held ~d fi~iy bo~d unto ~e ~ ~ ~en. a ~mdo ~ome
ru~ m~i~. ~ Obligee, hereinafter ~lled ~. ~ ~e ~eu~ ot
ONE MILLION SIX HUNDRED SEVENTY FIVE THOUS~D
SEVEN HUNDRED SIX DOLLARS & ~0~100 ($1.675,7~.~}, in A~I
m~ne~ of ~e~n~ S~ for pe~ent ~e~ Principal ~d Sum~ bind ~e~. ~eir ~, ~ec~,
admini~om, su~om and a~igns, jo~fly ~d severally, ~.dy ~to ~ese preen[
WH~S. Pdncip~ h~ by ~n ~mem~ ~t~ ~Ca [ ,2000.
i~ a ~ ~ C~ for ~00~ .~pen Do.town Enhan~ment end P~an
~ D~umen~ ~ Con~ D~ume~ is by reference made a
~e
NOW. THER~ORE, ff P~p~ shall well, truly ~ f~lly pedo~ ~ d~i~. ~i ~e ~de~. co~, ~,
~nd~io~ ~d ag~me~ ~ said ~ ~ng ~e o~in~ ~ ~ere~, ~d
gr~ by ~e C~. ~ or ~h~ not~ to ~e Sum~ ~ dung ~e
~s ~d,~ ~ under su~ Con~ ~d s~l ful~ ~n~ ~d sa~ ~le~ C~
d~ages wh~ ~ may s~er by ~ of f~ium ~ do ~. ~d shall reimbume ~ rely ~e C~ ~1 o~ay ~d
ex~nse ~ ~e C~ may i~ur in m~ good ~y ~auE ~
~e Sur~ he~y ~s n~ ~ any a~mfion m e~e~ion ~ ~e made by
Whene~r P~ipal sh~ be, and ~1~ by C~ ~ ~ in ~uE un~r
~i~ her~d~,.~e Su~ may p~ly mme~ ~e ~ or shNI ~m~
(1) ~mpl~ ~e Contr~ in ~¢e w~ ~ ~s ~d ~nd~o~, or
Ob~n a bid or bids fm compleang ~e Co~ in ~or~ ~ ~ t~ ~d ~n~lo~, an~ upon
~n ~ S~ of ~e 1~ ms~le bidder, or, ff ~e C~ e~, u~n ~in~ffon ~ ~e C~
~d Sure~ jointly ~ ~e I~ ~ponsible bMder, afl. ge
~e a~l~le ~ ~ progr~ (ev~ ~ough ~e~ ~oul~
~n~ or ~ ~ ~mpie~ ~ng~ un~r th~ ~gmph) s~ie~ f~ ~ ~y ~e ~ of
~p~fion I~ ~e ~an~ of ~e ~n~ pfi~ inclu~ng ~er ~ ~d ~g~ tor ~ich ~e Su~ ~y
~ li~le h~der. ~e ~o~t ~t ~ ~ ~e fi~t ~mph ~. ,~e
~ u~d In ~ p~g~h, she, me~ ~e ~ ~o~ parle by ~ ~ P~cipal un~r,~e ~ ~d ~y
~e~en~ ~ere~. ~s ~e ~ou~ pm~y paid Dy C~ te P~a~l.
{3) ~y ~n~ or su~ion ~ co~ ~emd into hereunder
sub]~ ~ ~ ~nd ~ p~ of ~e o~i~l ~b~ oblig~.
This b~nd ~s intended te be in satisfaction of, and in ~dd~do~,!.{~'~{~ :~quired pursuant ~o Section 38-26-106,
C.R.S. as amended.'
This bond, as a'~3J~y and indemnifk~tien bond, shalJ also entre Cb to recover as part of the completion of the
Comract or ~e payment.of any laJ~r ar matedal costs hereunder,.actual..and. ¢onsequeofia[ damages, liquidated and
unliquidated-damages, cas~s, reasenable attorneys fees and ~33ert w~tness fees, including, without limitat~ns, the fees
of engineering or m~ch~al ~esultm'~ ........
Surety, for.Value ~received, hereby.,stiput~tes and-~,.qmes,that to indemnify, and ~ ham~less the City to.the extent of
any.and all payments in connection wfth ~he carryir/g out of the contract which the City may be required to make under
the law by any reason of.such faaum or default of th~ PtincipaL
Further, Surety and Principal sh~ll protect, .defend, indemnify and save harmless the City's c~ficem, agents, se,wants,
and empJoyees from and against all cialms and ac~ons and a~J expedse~s incidentsJ to the defense of such claims or
acl~ns,.~based upon or atising:o~t of injudes or.death of persons or damage'to pmpef~y Caused by, or sustained in '
cbnnscfion :wilh,'this~Contmct'by conditions~created thereby, and on 'request of the City wiJl assume the defense of. any
clakn or, aclk~l brol:~ht against the C'k'y.
No tight of action sh~ accrue on this Bond to or for the use of any pe=on or corpora~en olh&r than the City named
herein erie employees, agents, administrafom or succeasom of City.
SIGNEI~SA~,~D'S~_~,this 10TH day of MARCH ,2000,
,. ~ . : ?. .......
PRI~PA~ G0~LD, ~ONS N. INC~ (~1)
__ _
DEBOP. AH K. WINN
Tlffe: ~. ATTORNEY-IN-FACT · · ,
NOT~ Accompany Ibis bond wr]h cert~ed copy of Ganera~'Power of Attorney from ~e Surety to include the date of the
bond, (Da~e of Bond must not be I~zior to date of Contra_aL) ff Principal is Partnemhi~, all parmers should execute I~ncL
BOND NO. S259932
PAYMENT BOND
KNOW ALL PERSONS E~Y THESE PRESENTS: That we, the undersigned, as, GOULD CONSTRUCTION, INC.
6874 HIGHWAY 82, GLENWOOD SPRIGS, CO 81601 'havingelegaJbusiness
.... (~nn:fmr~-r4~m) '
addresser 6,874 HIGHWAY 82~ GLENWOOD SPRINGS~ CO 81601
a COL6~J~D0(~r~. 'p~,~.~_r~,~~ . as Principal, hereinafter ~lled "Ptincip~'. and
EMPLOYERS.MUTUAL CASUALTY COMPANY
P~.O. .BOX 441098, AURORA, (~O 80044
a corpoz~en organized under th;~ laws of the State of IOWA .., and qua/h3ed to transact, b~siness
in the Slate of Colorado. hereinafter called "SLImty', ~e held and firmlY-bound unto/Jla City of Aspea. ~ Cok]rade home
rule municipality, as Obligee, hereinafter called 'l~lty", in the amount of:
ONE MILLION SIX HUNDRED SEVENTY FIVE THOUSAND
SEVEN HUNDRED SIX DOLLARS. & N0/100 ($1,675,706.00), ~1 [aw[ul
money of the United States for payment wherec;f ~rincipal and Surety bind them;elves, their heirs, executors.
administrators, su~'~'~,~-~ors and assigns, jointly a~d severally, fjrm~/unto these present,
WHEREAS, Principal has by written agreement dated Y,~.RCH 1' ,2~30, entered
into a canba~'with City for ~--f~0OO-O2 Aspen Downtown.EBhancement end Peres. trion Plan in accordance with t~e
Conlmc;t Documents whk;h Contract Documents is by reference made a p~rt hereof, and is hereinafter referred to as
'the ~on~a~L
NOW, 'fl-iEREFORE. if Principal shall well, b'uiy and ~ithfully pedorm ~s duties, all the undert~dngs, cownants, te~ns,
~enc~tlons and agreemerrts of s~d Contract during the original term thereof, and arb' extensions thereof which may be
granted, by the City, wi~ er without notice to the Surety and during the guaranty pedod, and if Pdncipa~ shall satisfy all
cJalms end demands incurred under such Contract, and shall fully indemnify and ~ve harmless City from all casts and
damages which /t may suffer by reason of fa/lure to do so, and shall reimburse and repay the City all outlay and
expense whidn the City may incur in maldng good any default, thor) this obligalJon shall be void; o~en~se it shall
remain in full fqrce and effect.
The Sure~ hereby w~ives no,ce of any altera§en or exlenslon of time made by the C~.
Whenever Principal sha/I be, and declared by City to be in default under the Contract, the City having performed
obkg~l~en hereunder, the Sure~. may pmmplJy remedy the ~lefaut/or .shall promptS.
(1)- Complete 1~1e Corr'a'act in a~-ardance with/ts terms and conditions, o~
{2) Obtain a bid or bids for completing the Contract in accordance with its terms and ~ancr~ons, and upon
determina.~en by Surety of the lowest responsible bidder, or, if the City elects, upon determ~n by the City
and Surety jointly of the lowest responsible bidder, a.qange for a centrac~ between such bidder end City, and
make aYaifable as work Fragresses (even though there sbeuld be a default ar succession of dal~ults a'~er the
Contract or Corll~cls of cernple~on aeranged under this. paragraph]' sufficient funds to p~j the c~--~ of
complel~on less the balance of the contract price, including ether co~ and damages tot which the Sure~j m~y
be lleble hereunder, the amount se~ forth in the flint paragraph i'lereof. The ten'n 'balance of the Coi,bact price~
as used in this paragraph, shall mean the total amount payable by C~ to Prthcipa~ under the Contract and any
amendments thereto, less the amount prbperly paid by C/fy to Principal.
(3) Any contact or s -uccc- -~ian of conzrac~s entered into hereunder far the compJet/en of the Contract, shall also be
subj~'t ~o this bond es ~ of the origif~aJ Contract obligations.
'fh~ bond is .intended {o be in s~,tL~fact~an of,' and in addition
C, FL$., as 'amerCed.
This bond, as a pena!ty ,~nd indemn.'rfication bond, shall als6 entitJe'C~ to recover as part of the completion of the
Con~act or ~e'p~:~nt"of:any labor ~or materJnl.easts hereunder, actual and co~equential damages, l~quidated and
unfK~LIJ(;[ated damages, costs, reasonnhle attorneys fee.s and. expert w~ess fees, ineludi~§, without, llrnitstions, the fees
of engineering or architecturalconsultants;
Surety, for valu~'~e~'elved; hereby stip61atas and' agrees that to indemn~,-and save harm!e~_~,the; City to the 'extent of
any and all'paymanls in connec~n with the carrying out of the contract which the City may be requJl'ed to make under
the law by' any mason 6f 'such failure or default:of the P~inclpal.
Further, Surety and Pfir~.cipal shall protect, defend; indemnity ~nd's~ve hasmleas'the City's officem; agents, sen/ants,
and employees from a~d ~gaJnst ali claims and scans and all expenses lncidehtal t.o the defer,se of such claims or
actions, based ripen or a~islr~g out of injurfas or death of persons or damage to prop~ty caused by, or sustained in '
connection wi~t,-lbis C~ntr~ct by conditions cres. tedlhereb¥~ and on request of the City will assume the defense of any
claim or ac'don brot/ght against the City.
No right of ac~n shall accrue on this.Bond to or for the use of any'person or earl=oration e~er than the City named
herein or ~e employees, agents, administrators or sucx;essore of City.
SIGNED ~ .~EALED this i 0~t[ ' day of HA[C~ ., 2000.
pR~NCI~AI'?~ G0~'t~f-%CONST~.~_IO~, ~IN¢. (seal)
Title:.. AT;Oi~E¥-I~.-~AC; .
NOTE: Accompany this bond with.cer¢fied capy of General Power of Attorney from ~e Surety to include the date of the
bond. (Date of Bond must not be prior to date of Coof.ract) If Principal is Partnership, all partners should execute Band.
IN AN AMOUNT NOT EXCEEDING TEN MILL,ON DOLLARS IS10 0C0 0O0
AUTHORITY FOR POWER OF ATTORNEY
NWTNESSWHEREOF '
. ~ ~ >.~......,..,~., ....