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HomeMy WebLinkAboutresolution.council.002-18 RESOLUTION # 2 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD CONSTRUCTION, 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 Hallam Street and Castle Creek Bridge Improvements between the City of Aspen and Gould Construction, Inc., 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 Hallam Street and Castle Creek Bridge Improvements between the City of Aspen and Gould Construction, 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 22nd day of January, 2018. teven Skadron, 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, January 22, 2018. �I Linda Man 7`ng, City Clerk BID PROPOSAL FORM Addendum #5 PROJECT NO. : 2017-50464 Y8 BID DATE: Tuesday,November�7th 2017,at 2:00 p.m. i PROJECT: Hallam Street and Castle Creek Bridge Improvements PROPOSAL SUBMITTED BY:C-7a[14 an 4*_*ce 4X 00V 9we i CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado' The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees'that construction shall.start, immediately following a mandatory pre-construction conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials,equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees , to make no claims for damages, anticipated profit,or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. NP1-971.doc NP-1 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 Tiventy Five(25)Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered through 7 - . ESTIMATED O UANTITY LIST ITEM NO DESCRIPTION QUANTITY UNIT UNIT PRICE COST i201 Clearing and Grubbing 0.5 ACRE $19, 620.00 $ 9,810-00 202 Removal of Portions of Present Structure 142 SY $ 187.00 $ 26 554.00 202 Removal of Asphalt Mat 5,062 SY $ 17.20 $ 87, 066.40 202 Removal of Concrete Pavement 818 SY $ 66.00 $ 53, 988.00 202 Removal of Sidewalk 631 SY $ 36.90 $ 23,283.90 202 Removal of Sidewalk (Special) 240 SY $ 105.00 $ 25,200.00 202 Removal of Brick Pavers 40 SY $ 20.60 $ 824.00 202 Removal of Flagstone Path 22 SF $ 26.70 $ 587.40 202 Removal of Curb and Gutter 1,950 LF $ 16.10 $ 31,395.00 i 202 Removal of Inlet 5 EACH $ 3240.00 $ 16,200.00 I 202 Removal of Pipe 209 LF $ 130.00 $ 27, 170.00 202 Removal of Riprap 19 SY $ 83.00 $ 1,577.00 202 Removal of Ground Sign 7 EACH $ 240.00 $ 1, 680.00 202 Removal of Bus Shelter 2 EACH $ 3000.00 $ 6,000.00 202 Removal of Bench 2 EACH $ 214.00 $ 428.00 202 - Removal of Bollard - 2 EACH $ 67.00 $ 134.00 202 Removal of Tree 11 EACH $ 1815.00 $ 19, 965.00 202 Tree Trimming 24 HR $ 284.00 $ 6, 816.00 202 Removal of Light Standard Foundation 5 EACH $ 514.00 $ 2,570.00 202 Removal of Conduit 100 LF $ 31.00 $ 3,100.00 202 Removal of Fence(Chainlink) 870 LF $ 15.00 $ 13,050.00 202 Clean Drain Pipe 8 EACH $ 134.00 $ 1,072.00 203 Unclassified Excavation 929 CY $ 55.70 $ 51,745.30 203 Embankment 255 CY $ 180.25 $ 45, 963.75 203 Sweeping 210 HR $ 156.50 $ 32,865.00 207 Topsoil (Complete in Place) 179 CY $ 85.00 $ 15,215.00 NP1-971.doc NP-2 208 Erosion Control Supervisor 1 LS $ 9,000.00 $ 9,000.00 208 Vehicle Tracking Pad 3 EACH $ 1990.00 $ 5, 970.00 208 Concrete Washout Structure 4 EACH $ 2350.00 $ 9,400.00 208 Erosion Log(12-Inch) 303 LF $ 7.00 $ 2,121.00 208 Silt Fence - 841 LF $ 3.80 $ 3 195.80 208 Storm Drain Inlet Protection 17 EACH $ 305.00 $ 5,185.00 208 Gravel Bag 10 EACH $ 51.00 $ 510.00 208 Removal and Disposal of Sediment(Labor) 60 HR $ 51.00 $ 3, 060.00 208 Removal and Disposal of Sediment(Equipment) 60 HR $ 112.00 $ 6,720.00 210 Reset Ground Sign 11 EACH $ 316.00 $ 3,476.00 210 Reset Manhole 1 EACH $ 4,085.00 $ 4, 085.00 210 Reset Irrigation Valve 1 EACH $ 252.00 $ 252.00 210 Reset Luminaire 5 EACH $ 474.00 $ 2, 370.00 210 Reset Landscaping and Irrigation 1 LS $ 5,383.00 $ 5,383-00 210 Modify,Vault - 1 EACH $ 9,620.00 $ 9,620.00 210 Adjust Manhole 2 EACH $ 1,400.00 $ 1,400.00 210 Adjust Valve 3 EACH $ 235.00 $ 705.00 212 Seeding (Native) 0.10 ACRE $ 6,620.00 $ 662.00 212 'Sod and Soil Prep 10,830 SF $ 1.70 $ 18,411.00 213 Mulching (Weed Free) 0.10 ACRE $ 1,807.00 $ 180.70 214 Landscape Establishment 1 LS $ 7,076.00 $ 7,076.60 214 Deciduous Tree(4-Inch Caliper) 9 EACH $ 700.00 $ 6,300.00 214 Deciduous Shrub(10 Gallon Container) 6 EACH $ 490.00 $ 2, 940.00 214 Tree Retention and Protection 1 LS $ 3,096.00 $ 3,096.00 215 Transplant Tree 4 EACH $ 3,790.00 $ 15,160.00 304 Aggregate Base Course(Class 6) 1,271 CY $ 114.25 $ 145,211.75 403 Hot Mix Asphalt(Grading S) (75)(PG 64-22) 360 TON $ 189.50 $ 68,220.00 403 Hot Mix Asphalt(Grading SX)(75)(PG 64-22) 533 TON $ 189.50 $ 101,003.50 403 Hot Mix Asphalt(Patching)(Asphalt) 19 TON $ 315.00 $ 5, 985.00 412 Concrete Pavement(10-Inch) 1,045 SY $ 167.00 $ 174,515.00 412 Concrete Pavement(8-Inch)(Bus Pad) 372 SY $ 132.00 $ 49,104.00 412 Concrete Pavement(8-Inch)(Colored San Diego 97 SY $ 244.00 $ 23, 668.00 Buff 412 Concrete Pavement(8-Inch) (Colored Brick Red) 116 SY $ 229.00 $ 412 Concrete Pavement(6-Inch)(Colored Kailua) 117 SY $ 477.00 $ 55,809.00 412 Trench Drain(Complete in Place) 117 LF $ 228.00 $ 26, 676.00 412 Diamond Plate Cover 22 LF $ 88.00 $ 1, 936.00 420 Geomembrane Liner 31 SY $ 128.00 $ 3,968.00 440 Permeable Interlocking Concrete Pavers 825 SF $ 28.00 $ 23,100.00 440 No. 2 Aggregate (Permeable Pavers) 46 ULF $ 70.00 $ 3,220.00 440 No. 57 Aggregate (Permeable Pavers) 27 $ 67.00 $ 1,809.00 504 Retaining Wall (Concrete) 55 $ 87.00 $ 4,785.00 509 Structural Steel 6,060 $ 10.80 $ 65,448.00 509 Paint Structural Steel 868 $ 117.00 $ 101,556.00 NP1-971.doc NP-3 515 Waterproofing (Membrane) 1,280 SY $ 26.50 $ 33, 920.00 519 Thin Bonded Overlay(Polyester Concrete) 7 CY $ a,UOD.UL $ 601 Concrete Class D(Sidewalk) 39 CY $ 1,074.0 $ 41,886.00 601 Concrete Class DR(Deck Repair) 13 CY $ 3,413.0( $ 44,369.00 602 Reinforcing Steel (Epoxy Coated) 4,795 LB $ 3.35 $ 16,063.25 603 4-Inch Perforated PVC Pipe (SDR.35)(Complete in 2 LF $ $ 59.00 Place 29'50 603 4-Inch PVC Pipe(SDR-35)(Complete in Place) 8 LF $ 23.80 $ 190.40 603 15-Inch RCP(Complete in Place) 198 LF $ 295.00 $ . 58,410.00 604 Inlet Type R L 5(Foot) 1 EACH $10,100.00 $ in inn on 604 Inlet(City Standard) 5 EACH $ 8, 660.00 $ 43,300.00 604 Manhole(Slab Base) (5 Foot) 1 EACH $ 8, 120.00 $ 8,120.00 606 Wyoming TL3 Bridge Rail (Special) 434 LF $ 210.00 $ 91, 140.00 606 Bridge Rail Cable 4,337 LF $ 19.00 $ 82, 403.00 606 Wyoming TL3 Bridge Railing Terminal (Special) 2 EACH $ 3131.00 $ 6,262.00 608 Concrete Sidewalk(6-Inch) 369 SY $ 100.60 $ 37, 121.40 608 Concrete Bikeway(6-Inch)(Colored) 551 SY $ 124.00 $ 608 Reinforced Concrete Bikeway(6-Inch)(Colored) .36 SY $ 160.00 $ 5, 760.00 608 Concrete Curb Ramp (COA Type 7) 2 EACH $ 1, 835.00 $ 3, 670.00 608 Detectable Warnings 296 SF $ 65.00 $ 19,240.00 609 Barrier Curb&Gutter(COA Type A) 1,394 LF $ 43.30 $ 60,360.20 609 Barrier Curb&Gutter(COA Type B)(Modified) 57 LF $ 47.40 $ 2,701.80 609 Mountable Curb&Gutter(COA Type A) 16 LF $ 3- $ 4�p 609 Mountable Curb&Gutter(COA Type B) 111 LF $ 47 = $ 609 Gutter Type 2(18-Inch)(Special) 38 LF $ gZ $ /$•)6 — 609 Gutter Type 2 (3-Foot) 102 LF $ — $ SDS 609 Concrete Cross Pan 58 SY $ /(p'¢— $ 610 Curb Skirt(Concrete) (Patterned) (Colored) 235 SF $ S7 $ /3,395- 613 4-Inch Conduit 300 LF $ 39 $ /J . 700 613 1-Inch Conduit 5,000 LF $ 5- $ COO 613 1-1/4-Inch EMT Conduit 5,500 LF $ 33 $ 9� 613 Unistrut Rack 1 EACH $ / - $ 613 120/240V 400A Panel 1 EACH $ 7904 . $ 00 613 3/4-Inch EMT Connectors 40 EACH $ - $ (0O 613 1-Inch EMT Connectors 10 EACH $ 3- $ 230 - 613 #10 THHN Copper Conductors 750 LF $ (o $ so; 613 #6 THHN Copper Conductors 5,700 LF $ S4 $ V7F 613 #4 THHN Copper Conductors 3,000 LF $ a $ 75A' 613 #3 THHN Copper Conductors 1,500 LF $ $ 613 #1 Aluminum Conductors 5,500 LF $ 7B *$ 5-9"613 #500 Aluminum.Conductors 400 LF $613 J-Box Wire Make Up &Terminations 30 EACH $ -613 Pull Box 3 EACH $ NP1-971.doc NP-4 613 Snowmelt System Connection 1 EACH $ .14, 33e $ '11,33,0 613 Wiring 1 LS $ /( 374 $ 11, 373- 614 / 7,3- 614 Steel Sign Post 152.75 LF $ - $ 614 Sign Panel(Class 1) 55.50 SF $ A0 $ I?m 614 Blank Out Sign (LED) (Speed Radar) 1 EACH $ - $ 620 Sanitary Facility 1 LS $ IRS- $ 10093 - 622 Removable Bollard 3 EACH $ 3X - $ 87 622 Bus Shelter 2 EACH $49. 777 - $ 97 622 Free Standing Bench 2 EACH $ /A $ 3772 622 Trash Receptacle 2 EACH $ / $ 3y7D 622 Recycling Receptacle 2 EACH $ / S- $ 3g76 622 Ash Tray 2 EACH $ - $ 622 Bike Rack 2 EACH $ o1395- $ 790 j 623 1.5-Inch Backflow Assembly(FEBCO 825-YA) 1 EACH $ 1213— $ 1 al 3 623 1.5-Inch Master Valve Assembly 1 EACH $ 30? - $ 303— 623 Flow Sensor Assembly 1 EACH $ 857- $ s7: 623 1-Inch Remote Control Drip Valve Assembly 4 EACH $ 116P ^ $ a' 623 1-Inch Remote Control Valve Assembly 5 EACH $ 0; - $ /p/O - 623 Quick Coupler Assembly 5 EACH $ 177 - $ TIPS - 623 6-Inch Spray Sprinkler Assembly 16 EACH $ 167- $ / /? 623 12-Inch Spray Sprinkler Assembly 17 EACH $ /S/ ' $ JS-67 623 6-Inch MP Rotator Sprinkler Assembly 21 EACH $ /Sl'- $ 317 623 Inline Drip Assembly(Netafim TLCV26-12) 4,000 SF $ 1,70 $ 7600 — 623 1-1/2-Inch Schedule 40 PVC Mainline Pipe 750 LF $ el- $ 5-V 623 1-Inch Schedule 40 PVC Lateral Pipe 700 LF $ 4W $- 3150 - 623 3/$d -623 1-1/4-Inch Schedule 40 PVC Lateral Pipe 20 LF $ 3-0 $ /116- 623 6-Inch Schedule 40 PVC Sleeving 650 LF $ $ .79 00- 623 #14AWG Control Wire 2,600 LF $ IkA $ �90- 623 #14AWG Spare Control Wire 2,250 LF $ ! ? $ 623 #12 AWG Common Wire 750 LF $ $ Nz? — 623 #12 AWG Spare Common Wire 750 LF $ / RS $ 937 623 24-Station Maxicom Controller&Stainless Steel Pedestal 1 EACH $/ 740- $ ,) 790- 623 Forest Service Irrigation Repair& Restoration 1 EACH $ 3589 - $ 5S'9' 623 Villas Condos Irrigation Repair& Restoration 1 EACH $ 53;5- $ 623 Residential Owner Irrigation Repair& Restoration 4 EACH $ COO $ 80 625 Construction Surveying 1 LS $ - $ SQA' 626 Mobilization 1 LS $ 16,00 $ 9/D 000 627 Epoxy Pavement Marking 20 GAL $ - $ 00 627 Pavement Marking Paint 1 GAL $ 196 - $ 06 " 627 Thermoplastic Pavement Marking (Xwalk-Stop Line) 425 SF $ $ 7650 627 Thermoplastic Pavement Marking (Word-Symbol) 98 SF $ 630 Construction Zone Traffic Control (Phase 1) 1 LS $ NPI-971.doc NP-5 630 Construction Zone Traffic Control (Phase 2) 1 LS 1 $ 0, 500 $ 63, 630 Construction Zone Traffic Control (Phase 3) 1 LS $ OU00 ' $ 14¢ 600 630 Construction Zone Traffic Control (Bridge Phase) 1 LS $ 9 ?OD $ 99 900 TOTAL LUMP SUM $ 3 N5 // e-- Total Bid in Words: BID ALTERNATE#1 Cost for BID ITEM#633—Hallam Street Station Shelters is in addition to BID ITEM#622—Bus Shelter c 206 Structure Excavation 40 CY $ s/& $ 20521 - 206 Structure Backfill (Class 1) 34 CY $ 1 fS $ /O 603 4-Inch Perforated PVC Pipe(SDR-35) (Complete in 20 LF $ s6 y0 $ Place 603 4-Inch PVC Pipe (SDR-35) (Complete in Place) 16 LF $ 57 $ /2 622 Bench Top 2 EACH $ 3430 ' $ /0 j 633 Hallam Street Station Shelters 1 LS $y/O8Z' BID ALTERNATE#1 TOTAL LUMP SUM $ BID ALTERNATE#2 202 Removal of Pipe 118 LF $ $ /0,350 — 206 Structure Backfill (Bentonite-Soil) 2 CY $ $ 603 23x14-Inch RCP (Complete in Place) 87 LF $ 367 $ 3/ 19— i 604 Manhole (Slab Base) (5.Foot) 2 EACH $ 7(006 ' $/I�ppa BID ALTERNATE#2 TOTAL LUMP SUM $ SG Total Bid in Words: Aiwo4, j I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. I/ Authorized Officer: J � Title: V Full name signature: /� Company address: 6$74 v 82 G/UfLu4>0 r j eo 'R1601 Telephone'number: I? Fax number: o -945-8371 Attested by: NP1-971.doc NP-6 Subcontractor & Material Su lier List Name: ROC[ Phone#: 4;U_ Address: R; Pew CO MOSD Service or Product.- `� 5,de-C'A' Name: GA. W<4ie w C, w,?24 dl'o —, Phone#: X70- 'a39'6/02 Address: PWLISAde GO � do Service or Product: Name: O Phone#: 6� 3—9Saa ' Address: U>� Service or Product•�� Name: 6Z4-nl4 Phone#:qqs=7757 Address: Service or Product: �� Name: hr �N�2Q049e-c Phone#: o Address: 14oa J 10- Service or Product: Yo,&TA.A � Y Name: /+SAnnP,✓__ LL Seevli:ss Phone#: �i7O Address: l./��w��d *lei CO Service or Product: GE 1�e u L NPI-971.doc NP-7 BID BOND KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned, Gould Construction, Inc. of P.O. Box 130,Glenwood Springs,CO 81602 as Principal,hereinafter referred to as"Principal",and Employers Mutual Casualty Company i a corporation organized under the laws of the State of Iowa and qualified to transact business in the State of Colorado,as"Surety'are held and firmly bound unto the City of Aspen,Colorado, as obligee,hereinafter referred to as"City,"in the penal sum of: Five Percent(5%)of Total Amount Bid Dollars ($.5% ),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 Hallam St.and Castle Creek Bridge Improvements 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 specked in the Bid Package or Contract Documents with good and sufficient surety for the faithful performance of su ch 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 her eof between the amount specified 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 7th day of November 12017 PRINCIPAL: Gould Plonstwiloorlhc. (sea!j By: L Attest: Title: I�71N 111117rp� SURETY: Employers MutuaCasualt o an r . By: Attest: Title:Christina L.Townsend Attorney-In-Fact (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) M-071.doc•BBI i /EMC INSURANCE 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 8 Casualty Company,an Iowa Corporation. 3. Union Insurance Company of Providence,an Iowa Corporation 7.Hamilton Mutual Insurance Company,an Iowa Corporation 4.Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severalty as"Company'and collectively as'Companies',each does,by these presents,make,constitute and appoint: TIMOTHY J.BLANCHARD,JONATHAN B.LAND,ROBERT CHARLES TORREZ,VICKIE GOLOBIC,TERRI L.REESE,CHRISTINA L.TOWNSEND, JENNIFER J.WALKER,LYNN CHRISTINE BOSMAN,JOHNA KATHRYN MOORS,RUSSELL A.HENNINGER,III,BARBARA J.ARNOLD,AMY L.VINCENT, ASHLEY K.ANDERSON,MARY ANN EURICH,DONNA L.ADAMS,RUTH ANNE LINDSAY,INDIVIDUALLY,GRAND JUNCTION,COLORADO its true and lawful affomey-in-fact,with full power and authority conferred to sign,seal,and execute the following Surety Bond: ANYAND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty 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 1,2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-At omey 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 affomeys-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.AOomays-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-fad shaft be fully and in all respects binding upon the Company.Certification as to the validity of any power-of-afforney 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-attomey 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 21 at day of April,2017. Seals ni,; ,`:1,�p;N6bq��i, ``CCMI�`' •`YY 61C •'. �i `JY pey�^W?R{- ; .St _gFi°. ' 'T:.- ==°S� '"; BNceG.Kelley,Clairman Todd Strother -SEAL g:_ 2�'- 1863 'a= ;`5 1953 of Companies 2,3,4,5 8 6;President Vice President ,.... pWA':F i ,,.�,,, of Company 1;Vice Chairmen and •' �ov��" • •°n�: CEO of Company 7 ''aw",","�'e�: ayw¢'P,'',•% .'•.,.; d+�I;:"„ On this 21st day of April.AD 2017 before me a Notary Public in and for the State of Iowa, TZtpN <: : G`T<, personally appeared SEAL Bruce G.Kelley and Todd Strother,who,being by me duly sworn,did SEAL' _ :f; SEAL say that they are,and are known to me to be the Chairman,President,Vice Chairman and ,,:, - ;• _ - CEO,and/or Vice President,respectively,of each of the Companies above;that the seals "'•�' .'. x "^00+6?`.A' affixed to this instrument are the seals of said corporations;that said instrument was signed and seated on behalf of each of the Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Todd Strother,as such officers,acknowledged uTUq s the execution of said instrument to be their voluntary act and deed,and the voluntary act jott KATHY LOVERIDBB and deed of each of the Companies. m ,r t ramp ever al My Commission Expires October 10,2019. '"s P October 10,2019j��� �arNES.10� r Notary Publfb in and for the StMe of Iowa CERTIFICATE 1,James D.Clough.Vice President of the Companies,do hereby cerfily that the foregoing resolution of the Boards of Directors by each of the Companies,and this Power of Attorney Issued pursuant thereto on 21st day of April,2017,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 71h dayof 'November , 2017 _� & eVice President i AFFIIDAVIT OF COMPLIANCE PROJECT NUMBER: 2017-50464 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. i Attest: Corporate Seal �C�P� LO/7S'i7/�71'CYI /hL Co trot STATE OF COLORADO ) /�Ay� G r SK �✓ '� – SS. COUNTY . Before me it'm Le,e a notary public and for (-)A [r G7� County, Colorado personally appeared /7)A "/C G 4'0U'0S2 known to me personally to be the person(s)whose signature(s) in my presence this i5 h day of— ,A.D. 20L7 My commission expires:rn&CA?,a.202/ (Seal l� Notary Public Notary Public State of Colorado Notary ID 420014003716 •M Commission Expires 03-23-2021 ACI-911A. 'Act LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME 2017-50464 Hallam Street and Castle Creek Bridge Improvements project The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of$1,000.00 per day. This amount and the total allowed time by the City shall not be negotiable under any conditions. 1 Attest: I _ Corporate Seal/ Contractor r . 1,\iIU By. , STATE OF COLORADO SS. COUNTY / � ) Before me v�+Ll�/ 11y1b a notary public and for County, Colorado personally appeared known to me personally to be the person(s) whose e signature(s) in my presence this day of a/uf'N� , A.D. 201y My commission expires: �{nRMA 7,3, 7-0,7- KIMBERLY ,3, zDyKIMBERLY D. OCHKO Notary Public Notary Public state of Colorado Notary ID t{20014003710 My Commission Expires 03.23.2021 w-971.4«. *LDI CERTIFICATE OF INCORPORATION /1 (To be completed if Contractor is a Corporation) STATE OF L 0�Or&A0 ) r n ) SS. COUNTY OF I On this �day of �OI2mLuL 20 17 , before me appeared ,(►y� e L7ol G�� �c to me personally known, who, . being by mg first duly swo n, did say that s/he is_ /�Li of /-� 1{ the— 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. otary Public Vn KIMBERLY D. OCHK Notary Public Stets of Colorado 6vjs C6 NotaryIDof Colorado 8 M Commission Ex Ife803+23.2021 ts My commission expires: CCI-971.doc Page 4 "CCI Certification and Supplemental Conditions to Contract for Services - Conformance with 0-17.5.101, et seq. 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 maybe called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services"means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 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 8- 17.5-102, C.R.S. Public Contract for Services: JAgw c5kre,1 Contractor: Ch1`ICJ By: Title: JPW-saved: 12/152010-867-M:\city\cityatry\contmet\for \certific fion-61-06-1343.doc City of Aspen Qualification Statement Project No.:2017-50016 Hallam Street Improvements I./Firm Nemo, usiinnessss Acidness, ids,Commc Person&Telephone Number: 2. Year Present Firm 3. Date This Form Prepared:d Inc— Established: 161+171 qT 1 Po $px 1,50 4. Type of Ownership: oamas /1 p Mi.myOrvned (a�Gnw00� rl Cts V��Z C.Womenownetl 5. Names of not more Wan taro principals to contact(Name,Tine,Telephone): F1�S G faotal , Cho,C Go Q-lb a fi b) ml9rt C 6ot,dd_Jz, �w,da4, Goo -T'70 379 632l&ea// 9709VY lo( zc+✓ oAfi� . Project Examples,last 5 Years: Project Name,Location&Brief Description: Owner's Nana,Address&Telephone: Cost of Work(X SI,000) Date Completed I Cep 5 6 7 g 10 QS-i mject Name,Location&Brief Description: owmees Nome,Address&Telephone: Cost of Work(X S1,000) Date Completed 11 12 17 14 15 Id 17 is 19 7,Back References,Canmct Person,Telephone Number A) s,re- b) c) R. Trade References(material suppliers,subcontractors,etc.),Contact Pelson and Telephone Humber. b) c) . Name of Banding Company and Insurance Compmy,Agent's Names Describe current liability insurance coverage: Ab � 1 hereby certify that the above QualUication Statement is accurate and true. 1 hereby authorize the City of Aspen to contact my and all of the persmcs/firms(sited above loobtain fuNter infommmio jdiag the qualifications ofmy firm. s� vP rH�hee. Signature I/� / � /�jn /� Title QS-2 i O 1•, Sit IY i; is _ _ i 6 < W j P, W° Y. 0 R 0 T 9 IS k' W �' A ? m �� o Cj m 0 s 0 a +yi ° om oIn g N n MR t W t' v +' m m I . 0 ;c m ddk to f21m � �t:$ � � y 3$ ��. A E6 C { x 2 ? f? f o -h a f3 ` 3 d ii a a " 0. 3 0 < 5t cOR 0 0 m tit 54 3 0 lu w 93 PL Ko 7 Sw 0 0. & 3E P 5. 0 zh w 5 R a 3 EP .2 Fi RL 1 3O Ott Er 'p., 9q R ti n ri .. ILR� 41 6n 2 19 iK 0 iY 3il mil ig. L 1, Er CREDIT & SURETY INFORMATION Gould Construction, P.O. Box 130, Glenwood Springs, Colorado 81602,was incorporated in 1979. A Heavy and Highway Contractor with a 2016 volume of$19 million,96 employees, and an equipment fleet of over 70, we have accounts established with numerous vendors and subcontractors. FEIN 74-2034624 Phone: 970-945-7291 Fax: 970-945-8371 Resale Tax#: n/a, though some jobs are tax exempt (tax exempt certificates will be supplied when applicable) DUNS: 10-252-4147 Bank Reference: l'Source Bank 262-548-9800 1701 Pearl St. Suite 8B, Waukesha, W1 53186 Contact: Art Bayley Community Banks of Colorado 970-544-4625 1810 Grand Avenue,P.O. Box 2620, Glenwood Springs, CO 81602 Checking& L.O.C. Contact: Adam Fortier Credit References: Grand River Construction (Subcontractor) 970-945-7758 P.O. Box 1236, Glenwood Springs, CO 81602 970-945-1018fax Contact: Greg Rippy Grand Junction Pipe & Supply(Supplier) 970-241-6622 P.O. Box 1849, Grand Junction, CO 81502 970-245-7716fax Contact: Les McPherson Wagner.Equipment (Parts& Rentals) 970-244-9358 18000 Smith Road, Aurora, CO 80011 970-242-3966fax Contact: Lana Mosher Wylaco Supply Company(Supplier) 800-441-1785 315 Vallejo Street, Denver, CO 80223 303-733-3401fax Contact: Ed Rosendale Bonding Company/Insurance Company: Employers Mutual Casualty Company c/o Hub International Southwest Agency Ltd 2742 Crossroads Blvd P.O. Box 60130 Grand Junction, CO 81506 Contact: Timothy Blanchard (970) 245-8011 I hereby authorize the firm to whom this information has been submitted to investigate the references listed pertaining to our credit and financial responsibility. 7 Kimb Date Sr. . inance Gould onstruction, Inc. 11/28/2017 12:05 17051 Hallam St Improvements-Castle Ck to 7th ***Dale BID TOTALS Biditem Description Quantit Units Unit Price Bid Total 5 Clearing&Grubbing 0.500 AC 19,620.00 9,810.00 10 Removal of Portions of Present Structure 142.000 SY 187.00 26,554.00 15 Rem of Asphalt Mat 5,062.000 SY 17.20 87,066.40 20 Removal of Cone Pavement 818.000 SY 66.00 53,988.00 25 Removal of Sidewalk 631.000 SY 36.90 23,283.90 30 Removal of Sidewalk(Special) 240.000 SY 105.00 25,200.00 35 Removal of Brick Pavers 40.000 - SY 20.60 824.00 40 Removal of Flagstone Path 22.000 SY 26.70 587.40 45 Removal of Curb&Gutter 1,950.000 LF 16.10 31,395.00 50 Removal of Inlet 5.000 EA 3,240.00 16,200.00 55 Removal of Pipe 209.000 LF 130.00 27,170.00 60 Removal ofRiprap 19.000 SY 83.00 1,577.00 65 Removal of Ground Sign 7.000 EA 240.00 1,680.00 70 Removal of Bus Shelter 2.000 EA 3,000.00 6,000.00 75 Removal of Bench 2.000 EA 214.00 428.00 80 Removal of Bollard 2.000 EA 67.00 134.00 85 Removal of Tree 11.000 EA 1,815.00 19,965.00 90 Tree Trimming 24.000 HR 284.00 6,816.00 95 Removal of Light Std Foundation 5.000 EA 514.00 2,570.00 100 Removal of Conduit 100.000 LF 31.00 3,100.00 105 Removal of Fence(Chainlink) 870.000 LF 15.00 13,050.00 110 Clean Drain Pipe 8.000 EA 134.00 1,072.00 115 Unclassified Excavation 929.000 CY 55.70 51,745.30 120 Embankment 255.000 CY 180.25 45,963.75 125 Sweeping 210.000 HR 156.50 32,865.00 130 Topsoil(Complete in Place) 179.000 CY 85.00 15,215.00 135 Erosion Control Supervisor 1.000 LS 9,000.00 9,000.00 140 Vehicle Tracking Pad 3.000 EA 1,990.00 5,970.00 145 Concrete Washout Structure 4.000 EA 2,350.00 9,400.00 150 Erosion Log(12-in) 303.000 LF 7.00 2,121.00 155 Still Fence 841.000 LF 3.80 3,195.80 160 Storm Drain Inlet Protection 17.000 EA 305.00 5,185.00 165 Gravel Bag 10.000 EA 51.00 510.00 170 Removal and Disposal of Sediment(Labor) 60.000 HR 51.00 3,060.00 175 Removal and Disposal of Sediment(Equipment) 60.000 HR 112.00 6,720.00 180 Reset Ground Sign 11.000 EA 316.00 3,476.00 185 Reset Manhole 1.000 EA 4,085.00 4,085.00 190 Reset Irrigation Valve 1.000 EA 252.00 252.00 195 Reset Luminaire 5.000 EA 474.00 2,370.00 200 Reset Landscaping and Irrigation 1.000 LS 5,383.00 5,383.00 205 Modify Vault 1.000 EA 9,620.00 9,620.00 210 Adjust Manhole 2.000 EA 1,400.00 2,800.00 215 Adjust Valve 3.000 EA 235.00 705.00 220 Seeding(Native) 0.100 ACRE 6,620.00 662.00 225 Sod and Soil Prep 10,830.000 SF 1.70 18,411.00 230 Mulching(Weed Free) 0.100 ACRE 1,807.00 180.70 235 Landscape Establishment 1.000 LS 7,076.00 7,076.00 240 Deciduous Tree(4-Inch Caliper) 9.000 EA 700.00 6,300.00 245 Deciduous Shrub(10 Galllon Container) 6.000 EA 490.00 2,940.00 250 Tree Retention and Protection 1.000 LS 3,096.00 3,096.00 255 Transplant Tree 4.000 EA 3,790.00 15,160.00 260 Aggregate Base Course(Class6) 1,271.000 CY 114.25 145,211.75 265 Hot Mix Asphalt(Grading S)(75)(PG64-22) 360.000 TON 189.50 68,220.00 11/28/2017 12:05 17051 Hallam St Improvements-Castle Ck to 7th ***Dale BID TOTALS Biditem Description Quantit Units Unit Price Bid Total 270 Hot Mix Asphalt(Grading SX)(75)(PG 64-22) 533.000 TON 189.50 101,003.50 275 Hot Mix Asphalt(Patching)(Asphalt) 19.000 TON 315.00 5,985.00 280 Concrete Pavement(I0 Inch) 1,045.000 SY 167.00 174,515.00 285 Concrete Pavement(81nch)(Bus Pad) 372.000 SY 132.00 49,104.00 290 Concrete Pavement(8 Inch)(Colored San Diego Buff) 97.000 SY 244.00 23,668.00 295 Concrete Pavement(8 Inch)(Colored Brick Red) 116.000 SY 229.00 26,564.00 300 Concrete Pavement(6 Inch)(Colored Kailua) 117.000 SY 477.00 55,809.00 305 Trench Drain(Complete in Place) 117.000 LF 228.00 26,676.00 310 Diamond Plate Cover 22.000 LF 88.00 1,936.00 315 Geomembrane Liner 31.000 SY 128.00 3,968.00 320 Permeable Interlocking Concrete Pavers 825.000 SF 28.00 23,100.00 325 No.2 Aggregate(Permeable Pavers) 46.000 TON 70.00 3220.00 330 No.57 Aggregate(Permeable Pavers) 27.000 TON 67.00 1,809.00 335 Retaining Wall(Concrete) 55.000 LF 87.00 4,785.00 340 Structural Steel 6,060.000 LB 10.80 65,448.00 345 Paint Structural Steel 868.000 LF 117.00 101,556.00 350 Waterproofing(Membrane) 1,280.000 SY 26.50 33,920.00 355 Thin Bonded Overlay(Polyester Concrete) 7.000 CY 8,085.00 56,595.00 360 Concrete Class D(Sidewalk) 39.000 CY 1,074.00 41,886.00 365 Concrete Cladd DR(Deck Repair) 13.000 CY 3,413.00 44,369.00 370 Reinforcing Steel(Epoxy Coated) 4,795.000 LB 3.35 16,063.25 371 4 Inch Perforated PVC Pipe(SDR-35)(Comp. in place) 2.000 LF 29.50 59.00 375 4 Inch PVC PIPE(SDR 35)(Comp. in place) 8.000 LF 23.80 190.40 380 15 Inch RCP(Complete in Place) 198.000 LF 295.00 58,410.00 385 Inlet Type R L 5(Foot) 1.000 EA 10,100.00 10,100.00 390 Inlet(City Standard) 5.000 EA 8,660.00 43,300.00 395 Manhole(Slab Base)(5 Foot) 1.000 EA 8,120.00 8,120.00 400 Wyoming TL3 Bridge Rail(Special) 434.000 LF 210.00 91,140.00 405 Bridge Rail Cable 4,337.000 LF 19.00 82,403.00 410 Wyoming TL3 Bridge Railing Terminal(Special) 2.000 EA 3,131.00 6,262.00 415 Concrete Sidewalk(6 Inch) 369.000 SY 100.60 37,121.40 420 Concrete Bikeway(6 Inch)(Colored) 551.000 SY 124.00 68,324.00 425 Reinforced Concrete Bikeway(61nch)(Colored) 36.000 SY 160.00 5,760.00 430 Concrete Curb Ramp(COA Type 7) 2.000 EA 1,835.00 3,670.00 435 Detectable Warnings 296.000 SF 65.00 19,240.00 440 Barrier Curb&Gutter(COA Type A) 1,394.000 LF 43.30 60,360.20 445 Barrier Curb&Gutter(COA Type B)(Modified) 57.000 LF 47.40' 2,701.80 450 Mountable Curb&Gutter(COA Type A) 16.000 LF 42.30 676.80 455 Mountable Curb&Gutter(COA Type B) 111.000 LF 47.60 5,283.60 460 Gutter Type 2(18 Inch)(Special) 38.000 LF 42.00 1,596.00 465 Gutter Type 2(3-Foot) 102.000 LF 49.40 5,038.80 470 Concrete Cross Pan 58.000 SY 164.00 9,512.00 475 Curb Skirt(Concrete)(Patterned)(Colored) 235.000 SF 57.00 13,395.00 480 4Inch Conduit 300.000 LF 39.00 11,700.00 487 I" Conduit 5,000.000 LF 35.00 175,000.00 490 1-1/4 Inch EMT Conduit 5,500.000 LF 33.80 185,900.00 495 Unistrut Rack 1.000 EA 1,580.00 1,580.00 500 120/240V 400A Panel 1.000 EA 7,900.00 7,900.00 505 3/4 Inch EMT Connectors 40.000 EA 19.00 760.00 510 1 Inch EMT Connectors 10.000 EA 23.00 230.00 515 410 THHN Copper Conductors 750.000 LF 0.67 502.50 516 #6 THHN Copper Conductors 5,700.000 LF 1.54 8,778.00 517 #4 THNN Copper Conductors 3,000.000 LF 2.50 7,500.00 2 11/28/2017 12:05 - 17051 Hallam St Improvements-Castle Ck to 7th ***Dale BID TOTALS Biditem Description Quantit Units Unit Price Bid Total 518 #3 THNN Copper Conductors 1,500.000 LF 3.10 4,650.00 519 # 1 Alumum Conductors 5,500.000 LF 1.70 9,350.00 520 #500 Aluminum Conductors 400.000 LF 7.85 3,140.00 525 J-Box Wire Make Up&Terminations 30.000 EA 158.00 4,740.00 530 Pull Box 3.000 EA 253.00 759.00 535 Snowmelt System Connection 1.000 EA 24,338.00 24,338.00 540 Wiring 1.000 LS 11,373.00 11,373.00 545 Steel Sign Post 152.750 LF 35.00 5,346.25 550 Sign Panel(Class 1) 55.500 SF 16.00 888.00 555 Blank Out Sign(LED)(Speed Radar) 1.000 EA 4,425.00 4,425.00 560 Sanitary Facility 1.000 LS 1,895.00 11895.00 565 Removable Bollard 3.000 EA 329.00 987.00 570 Bus Shelter 2.000 EA 43,777.00 87,554.00 575 . Free Standing Bench 2.000 EA 1,886.00 3,772.00 580 Trash Receptacle 2.000 EA 1,735.00 3,470.00 585 Recycling Receptacle 2.000 EA 1,735.00 3,470.00 590 Ash Tray 2.000 EA 880.00 1,760.00 595 Bike Rack 2.000 EA 2,395.00 4,790.00 600 1.5 Inch Backflow Assembly(FEBCO 825-YA) 1.000 EA 1,213.00 1,213.00 605 1.5 Inch Master Valve Assembly 1.000 EA 303.00 303.00 610 Flow Sensor Assembly 1.000 EA 857.00 857.00 615 1 Inch Remote Control Drip Valve Assembly 4.000 EA 202.00 808.00 620 1 Inch Remote Control Valve Assembly 5.000 EA 202.00 1,010.00 625 Quick Coupler Assembly 5.000 EA 177.00 885.00 630 6 Inch Spray Sprinkler Assembly 16.000 EA 107.00 1,712.00 635 12 Inch Spray Sprinkler Assembly 17.000 EA 151.00 2,567.00 640 6 Inch MP Rotator Sprinkler Assembly 21.000 EA 151.00 3,171.00 645 Inline Drip Assembly(Netafun TLCV26-12) 4,000.000 SF 1.90 7,600.00 650 1-1/2 Inch Class 200 PVC Mainline Pipe 750.000 LF 6.05 4,537.50 655 1 Inch Class 200 PVC Lateral Pipe 700.000 LF 4.50 3,150.00 660 1-1/4Inch Class 200 PVC Lateral Pipe 20.000 LF 5.30 106.00 665 6 Inch Schedule 40 PVC Sleeving 650.000 LF 46.00 29,900.00 685 #14AWG Control Wire 2,600.000 LF 2.65 6,890.00 686 414AWG Spare Control Wire 2,250.000 LF 1.25 2,812.50 690 #12 AWG Common Wire 750.000 LF 1.90 1,425.00 695 #12 AWG Spare Common Wire 750.000 LF 1.25 937.50 700 24 Station Maxicom Controller&Stainless Steel Ped 1.000 EA 10,740.00 10,740.00 705 Forest Service Irrigation Repair and Restoration 1.000 EA 3,589.00 3,589.00 710 Villas Condos Irrigation Repair and Restoration 1.000 EA 5,385.00 5,385.00 715 Residential Owner Irrigation Repair and Restoratio 4.000 EA 2,020.00 8,080.00 720 Construction Surveying 1.000 LS 75,465.00 75,465.00 725 Mobilization 1.000 LS 410,000.60 410,000.00 730 Epoxy Pavement Marking 20.000 GAL 645.00 12,900.00 735 Pavement Marking Paint 1.000 GAL 190.00 190.00 740 Thermoplastic Pavement Marking(xwalk-Stop Line) 425.000 SF 18.00 7,650.00 745 Thermoplasic Pavement Marking(Work-Symbol) 98.000 SF 22.00 2,156.00 750 Construction Zone Traffic Control(Phase 1) 1.000 LS 165,100.00 165,100.00 755 Construction Zone Traffic Control (Phase 2) 1.000 LS 63,500.00 63,500.00✓ 760 Construction Zone Traffic Control(Phase 3) 1.000 LS 144,600.00 144,600.00 765 Construction Zone Traffic Control(Bridge Phase) 1.000 LS 49,900.00 49,900.00 Total Base Bid $3,845,711.00 3 11/28/2017 12:05 17051 Hallam St Improvements-Castle Ck to 7th ***Dale BID TOTALS Biditem Description ouantity Units Unit Price Bid Total 770 Structure Excavation 40.000 CY 51.30 2,052.00 775 Structure Backfill(Class 1) 34.000 CY 115.00 3,910.00 780 41n Perforated PVC Pipe(SDR-35)(Compl.in place) 20.000 LF 56.70 1,134.00 785 4 Inch PVC Pipe(SDR-35)(Complete in place) 16.000 LF 57.00 912.00 790 Bench Top 2.000 EA 3,430.00 6,860.00 795 Hallam Street Station Shelters 1.000 LS 211,082.00 211,082.00 Bid Alt# 1 Subtotal $225,950.00 800 Removal of Pipe 118.000 LF 105.00 12,390.00 805 Structure Backfill(Bentonite-Soil) 2.000 CY 1,023.00 2,046.00 . 810 23x14 Inch RCP(Complete in Place) 87.000 LF 367.00 31,929.00 815 Manhole(Slab Base)(5 foot) 2.000 EA 7,600.00 15,200.00 Bid Alt#2 Subtotal $61,565.00 Bid Total --> $4,133,226.00 **Notes: Items in italics are Non-Additive. 4 ti The City 019spen CONTRACT FOR CONSTRUCTION citvnmmnev'so1fice THIS AGREEMENT, made and entered into on January 22, 2018, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction Incorporated, 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: 2017-50464 Hallam Street and Castle Creek Bridge Improvements, 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 Four Million One Hundred Thirty Three Thousand Two Hundred Twenty Six ($4,133,226.00) 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 CCI-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. CC7-971.doc Page 2 "cc1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract for Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. 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. M-971.doc Page 3 **cci "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: M-971.doc Page "cc1 (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. AT ESTED BY: CITY OFA, PE ' COLORADO By: yam/ , iE' Title: G �7� APPROVED AS TO FORM: By: Ity Attorney CONTRACTOR Title: CSO, �Frrj 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. M-971.doc Page 5 "CCt CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF hKFA ) // COUNTY OF 6A4,dd )) SS. On this Tied- day of �Gi[�trarr) _ 20 //a, before me appeared � � G boa to me personally known, who, being by m-�e. nfi/r�s/t duly sworn, �didQ�say that s/he is Cha, C of L-7�=( �'OV S C�V�L �hC� 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. ",- zal�l KIMBERLY D. OCHKO ary Public Notary Public State of Colorado Notary ID#20014003716 // /' My Commission Expires 03-23-2021 � 71JAy 82,616moa Of Addr s —° My commission expires: M r)'CA CC7-971.doc Page 6 "cc1 Bond No. S456207 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, Gould Construction, Inc. having a legal business (Principal's Name) address at P.O. Box 130. Glenwood Springs. CO 81602 a Corporation as Principal, hereinafter called"Principal", and (Corporation,Partnership,or Individual) Employers Mutual Casualty Company (Name of Surety) P.O. Box 712, Des Moines, IA 50306 (Address of Surety) a corporation organized under the laws of the State of Iowa 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: Four Million One Hundred Thirty Three Thousand Two Hundred Seventy Six and NO/100ths ($4,133,276.00), 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 , )t tnLk-M L2 , 20 /0 , entered into a contract with City for 2017-50464 Hallam Street and CAtle Creek Bridge Improvements project 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. PB1-971.doc "PBi Page 1 Bond No. S456207 (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. 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 day of 'CUk1 bcprl t. . 20 I$. PRINCIPAL: Gould Constructi n, Inc. (seal) i By Attest: Title: CED�L' !GD mark c orad � pc�hl� SURETY: Employers Mutual Casualty Company 41) Attest: '"'•�r���+<."�"r- ,', Title: Christina L. Townsend, Attorney-in-Fact "ter` �,��•��:x-:' -^fir.. t_ .. NOTE: Accompany this bond with certified copy of General Power of Attorney from the Suretyfoinelude;fhe`�� 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 "P61 Page 2 Bond No. S456207 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS:That we, the undersigned, as, Gould Construction having a legal business (Principal's Name) address at P.O. Box 130, Glenwood Springs, CO 81602 (Principal's Address) a Corporation as Principal, hereinafter called"Principal", and (Corporabon,Partnership,w Individual Employers Mutual Casualty Company (Surety's Name) P.O. Box 712, Des Moines, IA 50306 (Sureys Address) a corporation organized under the laws of the State of Iowa 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: Four Million One Hundred Thirty Three Thousand Two Hundred Seventy Six and NO/100ths ($4,133,276.00), 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 VM ZZ , 20 N , entered into a contract with the City for a project entitled: 2017-50464 Hallam Street and Caste Creek 15ridge Improvements 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. Y61-971.doc "Y81 Page: 11 Bond No. S456207 (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 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 fled 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 day of R. —. 20 15 . PRINCIPAL: Gould Constructi n Inc. (seal) By: Attest: V C/ l l 1 •, J CEO�GFC7 i �C C�nu�( /�rn � GY�hY� b� Title: / Vit SURE Employers Mutual Casualty C m an Fe 'r • _: ;;(seas) f; By: Attest: r ' ` '*�j Title: Christina L. Townsend, Attorney-in-Fact NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety G6piatiy,fu+crc)ude<the date of the bond. (Date of Bond must not be prior to date of Contract). If Principal is a Partns%' ould execute Bond. YB1-971.doc "Y81 Page:2 Bond No. S456207 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS,That we,the undersigned, as Gould Construction, Inc. , of P.O. Box 130, Glenwood Springs, CO 81602 , as Principal, hereinafter referred to as"Principal", and Employers Mutual Casualty Company a corporation organized under the laws of the State of Iowa and qualified to transact business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as"City," in the penal sum of: Four Million One Hundred Thirty Three Thousand Two Hundred Seventy Six and NO/100ths Dollars ($4.133.276.00 ), 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 cll ?z 2D1 for furnishing all equipment, labor, tools and materials for: 201750464 Hallam Street and Castle Creek Bridge Improvements project, 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 obligationshall be void otherwise to remain in full force and effect in law. This Band 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 `'M61 Page: 1 Bond No. S456207 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 day of YAr1 \;2011. PRINCIPAL: Gould Constructio Inc. (seal) By: Attest: i Title: if1 tiff I i, SURETY: Em to er u ual an t" P Y Casualty mP Y By: Attest: Title: Christina L. Townsend, Attorney-in-Fact (Accompany this bond with certified copy of General Power of Attorney from the Surety Compa y-t inc�litltti the date of the bond.) MB7-971.doc "MB1 Page: 2 /EMC. INSURANCE 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 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: TIMOTHY J.BLANCHARD,JONATHAN B.LAND,ROBERT CHARLES TORREZ,VICKIE GOLOBIC,TERRI L.REESE,CHRISTINA L.TOWNSEND, JENNIFER J.WALKER,LYNN CHRISTINE BOSMAN,JOHNA KATHRYN MOORS,RUSSELLA.HENNINGER,III,BARBARA J.ARNOLD,AMY L.VINCENT, ASHLEY K.ANDERSON,MARY ANN EURICH,DONNA L.ADAMS,RUTH ANNE LINDSAY,INDIVIDUALLY,GRAND JUNCTION,COLORADO its true and lawful attomey-in-fact,with full power and authority conferred to sign,seal,and execute the following Surety Band: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as it 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 1,2018 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Aftomey 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 attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to 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 21 st day of April,2017. Seals a uun� G! N �., MP opv.,aH�o''; ?¢�aaavowq 9sa'-. 1953 `- Bruce G. Kelley,Chairman Todd Strother of Companies 2,3,4,5&6;President Vice President °w °' + '-. •'.°`' of Company 1;Vice Chairman and CEO of Company 7 On this 21st day of April,AD 2017 before me a Notary Public in and for the State of Iowa, k♦o»r 1;°a t^q, : - 6�. :,"-;b^^° ",,r;,?, personally appeared Bruce G.Kelley and Todd Strother,who,being by me duly sworn,did {3-. SERI ,='= _<-•3E¢L:;' E W; SEAL g; say that they are,and are known tome to be the Chairman,President,Vice Chairman and CEO, and/or Vice President, respectively,of each of the Companies above;that the seals ,,`'��at"�`� "�'Opnionw°`'••' °" ""' °'�P affixed to this instrument are the seals of said corporations;that said instrument was signed '- •,,,nf:•irt�;1:tw�"•-. ^ ' - •' and sealed on behalf of each of the Companies by authority of their respective Boards of �,Urugr Directors;and that the said Bruce G.Kelley and Todd Strother,as such officers,acknowledged 94'01VES the execution of said instrument to be their voluntary act and deed,and the voluntary act HYKATLOVERIDOE and deed of each of the Companies. Cernmesion Number 780/69oM'ComrnOmonil My Commission Expires October 10,2019. October 10,20119 Notary Pl 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 21 st day of April,2017,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 ZZlid.day of Vice President