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HomeMy WebLinkAboutC11-388 Gould Constructionas County may request. 4.3 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any Services done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 4.5 The parties agree that the removal of a fourth concrete slab is an alternative option under this Agreement as indicated in Exhibit A. County may submit a change order or amendment under this Agreement removing that alternative or additional work from the scope of Work. In such event, the compensation due Contractor shall be reduced by the amounts identified in Exhibit A for the alternative. ARTICLE 5 CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible Contractor, has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to demolition and excavation. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.7 Contractor will keep the Work and related project site free from accumulation of waste materials or rubbish caused by Contractor's and Subcontractor's operations. Contractor shall pay any waste disposal or waste transportation fees, and at the completion of the Work shall promptly remove all tools, construction, equipment, machinery and surplus materials to the extent that title to such items has not been vested in County. 5.8 Contractor will locate all underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any easements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable; television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems which shall collectively be known as the "Underground Facilities" prior to performing the Work. 2 5.8.1 County shall not be responsible for providing any information to Contractor regarding Underground Facilities; and 5.8.2 Contractor shall pay the cost of all of the following: a. locating all Underground Facilities b. coordination of the Work with the owners of such Underground Facilities, and c. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement, Exhibit A, B, C and D. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Arnendment (Colorado Constitution, Article X, Sec. 20). 7.4 Provision Mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 7.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 7.4.2 Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or 3 ii) 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. 7.4.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm 7.4.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. 7.4.5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i) Notify the subcontractor and the County within three days that the 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 subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract 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. 7.4.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). 7.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 7.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6 Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant or sub - contractor agreements for the performance of any of the Services or without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant or sub - contractor, as approved by County and to the extent of the Services to be performed by the sub - consultant or sub - contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. 4 ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic files) and materials which are obtained during, purchased or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 11 - TERMINATION: 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County:Eagle County Facilities Management P.O. Box 850 Eagle, Colorado 81631 970) 328 -8786 (p) 970) 328 -8899 (f) 5 and a copy to:Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 970) 328 -8685 (p) 970) 328 -8699 (f) The Contractor:Gould Construction, Inc 6874 Hwy 82 Glenwood Springs, Colorado 81601 970) 945 -7291 (p) 970) 945 -8371 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement arid for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this Agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and 1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person:1,000,000 Each Accident or Occurrence:1,000,000 Property Damage Liability: Each Accident or Occurrence:1,000,000 6 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its Boar. of County Commissioners By:d las n StavnI airman ATTEST:ver.,,,;,Ls i.--tArr 9 %0 Clerk to the Board orotoaosio rt. CONTRACTOR: Gould Cons; tion, Inc By:y iV .L Title:Y , 17 CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF 0/ fil- &/t 114hiy ss.i COUNTY OF C r' • The foregoing instrument wq.s acknowledged before me by 1 e e ,J bf ; J cc Cc,,},rCh c. hG this C3 day of rtic, a V My commission expires: 0'1/AY 2 3, Z ci_.3 10,,STAT Nttt N•! 'ubic 7 1 O D O 0 a It O i: W. V To a)gJ m F-F-1 W Woo c 7 ...... \ . 4 Jf) c U 0 cA N m U co a)a)co a) IIIP 5-1 O N N A 1 '!m IA 8 .- u 8 c 03 0i co o co 0 j0a) O t0 O 6 Z cn w mE Ammwom ZomL Q w o o'Lo ocnmo avoyv o a? E a)4--rUcoma °ca o 0 'v 0 ma) °v mal m N 1- a 1 - - - O m 3 Ewu)roc m gV\ L E Eli) =E m E = QUU! 0.J4Oa0co50- 0:'m U 0 0 ta W 0 0 0= J CI of m co N Q CO m N N 0 m m ca o. C Z 0 a) co Q -a W w 0- -1-•W E c x -1— co W 0 t = co J w m ccm a -ca f) 0 EXHIBIT i Eagle County Tree Farm Concrete Removal Project El Jebel, Colorado Demolition/salvage /disposal of existing concrete slabs and footers located at 0020 Eagle County Road, El Jebel, CO 81628. Demolition/salvage /disposal must be performed following all federal, state and local regulations. Guidelines and descriptions of the demolition/salvage /disposal include, but are not limited to the following requirements. 1. Removal of all concrete and reinforcing steel associated with the two cone storage buildings. 2. Removal of all concrete and reinforcing steel, insulation, utilities, etc. associated with the seed extraction building including exterior equipment pads. 3. Removal of all concrete and reinforcing steel associated with the sidewalk connecting 1 and #2. 4. As an alternate, removal of all concrete and reinforcing steel, insulation, utilities, etc associated with the eastern slab. Assume structural components similar to the seed extraction building. Notes: 1. Safely and properly terminate all associated mechanical, electrical, plumbing (MEP) connections. All terminations are to be asbuilt. 2. Assure compaction of fill material to make sure there will be noon settling of materials. 3. Crushed concrete may be utilized as on site fill material. All reinforcing steel must be removed prior to use on site. 4. Appropriately dispose of slab insulation and all other non - recyclable materials. 5. Recycle /reuse as much of the removed material as possible 6. Possible contacts for the concrete disposal, if not utilized on site are: Pitkin County Landfill Lafarge Mid Valley Metro District Crown Mountain Parks and Rec District 7. Contractor must provide a detailed plan for Demolition/salvage /disposal. This plan should include, at a minimum, item disposal method, recycling/reuse plan and minimization of landfilled material, what landfill will be used and approximate performance time tables. EXHIBIT ACCMCP CERTIFICATE OF LIABILITY INSURANCE 12/9/2011 ( MMIDDIMY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Van Gilder Insurance Corp.IN. No. Est):303- 837 -8500 Fnc, No):303- 831 -52951515Wynkoop, Suite 200 E-MAIL - SS contractors v ic.Denver CO 80202 @ 9 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Zurich American Insurance Comp INSURED INSURER B :Travelers Indemnity Company (C 25658 Gould Construction, Inc.INSURERC: P.O. Box 130 INSURER D : Glenwood Springs CO 81602 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1401872895 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBIC POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM /DD/YYYY) (MM /DD/YYYY)LIMITS A GENERAL LIABILITY GL0831154810 3/1/2011 3/1/2012 EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 810,000 PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP /OP AG;G $2,000,000 1 POLICY X IFt°LOC A AUTOMOBILE LIABILITY BAP831154910 3/1/2011 3/1/2012 COMBINED SINGLE LIMI f Ea accident)1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $AUTOS AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE AUTOS Per accident) B X UMBRELLA LIAB X OCCUR QK08300881 3/1/2011 3/1/201 EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE 5,000,000 DED X RETENTION$10,000 A WORKERS COMPENSATION WC831154710 3/1/2011 3/1/2012 X TORY LIMITS T AND EMPLOYERS' LIABILITY Y / N ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT 1, 000,000OFFICER/MEMBER EXCLUDED?IY I N / AMandatoryinNH)E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Exclusions on Workers Compensation for Mark Gould and Mary Gould. RE: El Jebel Tree Farm CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION. DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Facilities Management ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle CO 81631 AUTHORIZED REPRESENT EXHIBIT 1988-2010 ACORD CORPORA I • a ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond # S391016 KNOW ALL MEN BY THESE PRESENTS: That Gould Construction, Inc. Name of Contractor) P.O. Box 130, Glenwood Springs, CO 81602 Address of Contractor) a Corporation hereinafter called Principal, Corporation, Partnership or Individual) and Employers Mutual Casualty Company Name of Surety) P.O. Box 712, Des Moines, IA 50306 Address of Surety) Hereinafter called Surety, are jointly and severally held and firmly bound unto Eagle County Name of Owner) P.O. Box 850, Eagle, CO 81631 Address of Owner) hereinafter called OWNER, in the penal sum of FIFTY -SEVEN THOUSAND NINE HUNDRED TWENTY DOLLARS, ($57,920.00 in lawful money of the United States, for the payment of which sum well and and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of December 2011 a copy of which is hereto attached and made a part hereof for the construction of: El Jebel Concrete Removal NOW, THEREFORE, if the 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 OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Page 1 of 2 EXHIB LD • PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the Contract that is the subject of this BOND. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 1 counterparts, each one number) of which shall be deemed an original, this day of December 2011 ATTEST:Gould C• truction, Inc. P . cipal By Principal) Secretary SEAL)P.O. Box 130 Address) Glenwood Springs, CO 81602 Witness as to Principal P.O. Box 130 Address) Glenwood Springs, CO 81602 Employers Mutual Casualty Company Surety ATTEST: 4641"-•%-- p By ' Witness as to Surety Attorney -in -Fact Ashley K. B 2742 Crossroads Bivd P.O. Box 712 Address)Address) Grand Junction, CO 81506 Des Moines, IA 50306 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. Accompany this bond with Attorney -in- fact's authority from the Surety to execute bond, certified to include the date of the bond.) Page 2 of 2 PAYMENT BOND Bond # S391016 KNOW ALL MEN BY THESE PRESENTS: That Gould Construction, Inc. Name of Contractor) P.O. Box 130, Glenwood Springs, CO 81602 Address of Contractor) a Corporation hereinafter called Principal, Corporation, Partnership or Individual) and Employers Mutual Casualty Company Name of Surety) P.O. Box 712, Des Moines, IA 50306 Address of Surety) Hereinafter called Surety, are jointly and severally held and firmly bound unto Eagle County Name of Owner) P.O. Box 850, Eagle, CO 81631 Address of Owner) hereinafter called OWNER, in the penal sum of FIFTY -SEVEN THOUSAND NINE HUNDRED TWENTY DOLLARS, ($57,920.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of December 2011 a copy of which is hereto attached and made a part hereof for the construction of: El Jebel Concrete Removal NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Page 1 of 2 XDP PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the Contract that is the subject of this BOND. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 1 counterparts, each one number) of which shall be deemed an original, this day of December 2011 ATTEST:Gould Construction, Inc. Principal By Principal) Secretary SEAL)P.O. Box 130 Address) Glenwood Springs, CO 81602 Witness as to Principal P.O. Box 130 Address) Glenwood Springs, CO 81602 Employers Mutual Casualty Company Surety ATTEST:C BY L Q4 Witness as to Surety Ashley K. Bryant orney -in -Fact 2742 Crossroads Blvd P.O. Box 712 Address)Address) Grand Junction, CO 81506 Des Moines, IA 50306 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. Accompany this bond with Attorney -in- fact's authority from the Surety to execute bond, certified to include the date of the bond.) Page 2 of 2 01111111==111111••=1111=11% EMC Insurance Companies. P.O. Box 712 • Des Moines, Iowa 50306 - 0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 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, ANDREW P. WALTERS, ,ASHLEY K. BRYANT, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attorney - in - fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals 1/,Mel/ 111// 1BruceG. Kelley, Chairman Michael Freel o-of Companies 2, 3, 4, 5 & 6; President Assistant Secretary SEAL ; a ; o = 1863 1953 of Company 1; Vice Chairman and CEO of Company 7Own KSUflgti •.,v;On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, F ; E ,,,.,,, cF . q personally appeared Bruce G. Kelley and Michael Freel, who being by me duly sworn, a = J G `did say that they are and are known to me to be the Chairman, President, Vice Chairman SEAL SEAL SEAL ::z and CEO, and /or Assistant Secretary, respectively, of each of the Companies above; thatD c ; • o the seals affixed to this instrument are the seals of said corporations; that said instrument U,Jfa `o was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, USUAL DNS acknowledged the execution of said instrument to be their voluntary act and deed, and the 1)T U,4 'voluntary act and deed of each of the Companies. 11 m LAUREL. A. BLOSS My Commission Expires March 13, 2014. i COMMISSION NO. 183662ay• r MY COMMISSION IXP/RESoFSs \cWA C Notary Public in and for the State of Iowa CERTIFICATE I, Jim D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of December 2011 Vice President 7832 SPC For verification of the authenticity of the Power of Attorney you may call (515) 345 - 2689."