HomeMy WebLinkAbout16311*000uoignEn,ewpe ID: oEcnFoco Fco2-8eAB-817o'o49657618A1c
AmcndmentNo.1for #251O3
Title: Solar Lighting Installation Arkansas River Trail
BE I WE��Ehl CITY Uf�� FILIEBLO ANI"') BAIiA ("DNS I RLIC I 1�1) N,I N C.
I. I N T R 0 1,11") U CT �� C� N
18th _ day of 2026, by and between the City of Pueblo, a Colorado
Municipal Corporation ("City") and Baha Construction, Inc., a Colorado Corporation ("Contractor").
I PROJECT STATEMENT
WHEREAS, City and Contractor entered into that certain construction contract dated January 23, 2026,
forProjeciZ5-1O3(O2415)Sm|arUghting|nstaUation-ArkansasRiverTrH,the"Cmnstru/tion
Agreement"; and
WHEREAS, City and Contractor desire to amend the Construction Agreement subject to the terms and
conditions set forth herein.
NQVY THEREFORE, in consideration of the foregoing and the mutual promises set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and
Contractor hereby agree to the following conditions.
3. AGREEMENT
A. The Request for Quotation for additional work attached hereto, and labelled Exhibit 1,ishereby
accepted and approved. The Construction Agreement isamended tuincorporate all additional
work to be performed as contemplated by and at the prices set forth in the Request for
Quotation. Contractor shall perform all such work subject toand consistent with all
requirements and provisions ofthe Construction Agreement. Contractor shall perform all acts
necessary or required as a result of this Amendment, including, but not limited to, furnishing
Performance and Payment Bonds in compliance with Section 5.20 of the Invitation for Bid. The
Performance and Payment Bonds shall be in the total amount of $112,589.32, which amount
includes the original contract amount of $64,888.00, and the additional contract amount of
$47,701.32 contemplated by the additional work to be performed under this Amendment. The
time for completion of all work under the Construction Agreement including the additional work
tobeperformed under this Amendment shall not beincreased.
Except as expressly modified by this Amendment, the Construction Agreement shall remain in
full force and effect. Except asmodified bythis Amendment, any obligations 1mbeperformed
under the Construction Agreement by either party are not waived nor excused in any manner
but shall be performed in accordance with the terms and conditions of the Construction
Agreement asbexisted prior tothis Amendment.
000uoignEn,ewpe ID: oEcnFoco Fco2-8eAB-817o'o49657618A1c
Amendment No.lfor #25-lO3
TN Solar Lighting Installation Arkansas River Trail
C. This Amendment and all other documents contemplated hereunder may be executed using
electronic signatures with delivery via facsimile transmission, by scanning and transmission of
electronic files in Portable Document Format (PUF) or other readily available file format, or by
copy transmitted via email, or by other electronic means and in one or more counterparts, each
of which shall be: (1) an original, and all of which taken together shall constitute one and the
same agreement, (2) avaUd and binding agreement and fully admissible under state and federal
law, and (3)enforceable in accordance with its terms.
|NWITNESS WHEREOF, the parties hereto have caused this instrument tobeexecuted the day and year
first above written.
Signed by:
Teresa May Burns, Director of Purchasing An' 1"I" y d nt
DOCUSIgneuby:
Attest
City Clerk
Signed by:
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1C
Amendment No.1 for #25 103
Title: Solar Lighting Installation Arkansas River frail
! l..:... !. !! ! `! ! V. ! ! !! ` 1,..
north!. of ! haul to Parksareanear!ium (for poles o.. south!` of
Pricing must include overhead and additional bonding costs.
The undersigned hereby proposes to furnish all labor,equipment,!. all
utility/transportation services necessary to perform and complete, in an industry acceptable and
professional manner, construction in accordance with the plans and specifications as prepared by or for
the City of Pueblo, Colorado, for the sums set forth in the following schedule:
NATMINITIAMIlIll
• FonRoche Lighting America (the light pole
manufacturer) installation instructions state: "Direct
burial poles: mandatory to use expanding foam to lock
the pole in the ground. Mandatoryto fill the hole to
ground level to avoid leaning poles after years of
installation".
• Cost for Supply Polecrete Stabilizer FoamMaterials:
$18,765.00
• Cost for Labor and Equipment for Hauling Soil (8 Cubic
Feet) $101.45 Each x 112 = $11,362.40
• Cost for Labor and Equipment for Install of Foam (7
Cubic Feet) $156.91 Each x 112 = $17,573.92
HundredForty-Seven Thousand Seven e($47,701.32)
The undersigned has examined the quantities r against the plans ! specifications and accepts
Aid ! ., -_ S ! ., r - ♦ r ! ., r ., . r ! ! r
work to be completed. The City is not- po r ` for bidding errors ` i from Contractor's failure to
follow `!
DocuSigned by;
By'Eg__
�t�tA,OUTA �UO —
21Ea3�on�#�i'ony�C}Iguln, President
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1C
Arricmdr-nent NoA. for #2 5 103
-1 itle: Solar Lighting Installation - Arkansas River f rail
Addffioriial for, if
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1C
SURETY RIDER
TO BE ATTACHED TO AND FORM PART OF
Payment, Performance and Maintenance Bond
IN FAVOR OF City of Pueblo
(Obligee)
ON BEHALF OF BAHA Construction Inc.
(Principal)
EFFECTIVE DATE January 23, 2026
(Original Effective Date)
BOND NO. S058357
IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any
additional premium that may be properly chargeable as a result of this rider,
1. The Surety hereby gives its consent to:
® Increase
❑ Decrease
❑ Change Effective Date
❑ Other
(of) the attached bond
From:
To:
Effective
..M
$112, 589.32
May 7, 2026
❑ Change Name of Principal
❑ Change Address of Principal
❑ Change Expiration Date
2. PROVIDED, however, that this attached bond shall be subject to all its agreements,
limitations, and considerations except as herein expressly modified, and that the liability of the
Surety under the attached bond and under the attached bond as changed by this rider shall not be
cumulative.
3. Signed and sealed this 7th day of May , 2026 .
ACCEPTED BY: Employers Mutual Casualty Company
BY:
Kristin e rill, Attorney -In -Fact
:` �•CCi P0F��T� F'
- - SEAL =
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iocusign tnveiope iu: i t u-es4ynoro i aH i u
N?MC
INSURANCE P.O. Box 712 • Des Moines, Iowa 50306-0712
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
3. Union Insurance Company of Providence, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
1:/7Rii179MTii ltl
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s):
Surety Bond Principal:
Number BAHA Construction. Inc.
S058357
Obligee:
City of Pueblo
230 S Mechanic St
Pueblo CO 81003
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.
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 tp be signed for each by their officers as shown, and the Corporate seals to be hereto
affixed this 17th day of September, 2025.
�• ,G-�' ��_�G'�%%'lam ._..
Seals SVott R. Jean, e ident & CEO Todd Strother, Executive Vice President
of Company 1; irman, President Chief Legal Officer & Secretary of
a o ,rs r & CEO of Companies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6
SEAL " 1IIB63 7" 1953
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�^ d➢A'MV • flatl b Y3 w u. tl�Pdo. w
xd w n ��My w t "
SEAL =a:. SEAL 1_ ZEAL
L�F AMY DANIEL
'. CommisSionn Number 866839
My Commission Expires
August 13, 2028
On this 17th day of September, 2025 before me a Notary Public in and for the State of Iowa,
personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say
that they are, and are known to me to be the CEO, Chairman, President, Executive Vice
President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies
above; that the seals affixed to this instrument are the seals of said corporations; that said
instrument was signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such
officers, acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
My Commission Expires August 13, 2028.
Notary Public ' rand for the State of Iowa
CERTIFICATE
I, Ryan J. Springer, 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 17th day of September, 2025 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 7th day of May , 2026 .
Vice President
7851 (9-25) S058357-28-000-00001 W6336 ACE "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548."
Docusign Envelope ID: 2EC5F2C6-FCD2-8BAB-817D-B49657618A1C
AIFEMC
INSURANCE
I ArT131 A
Employers Mutual Casualty Company ("EMCC") has authorized its Attorneys -in -Fact to utilize
an electronic, facsimile, or digital signature (each an "Electronic Signature") to execute bonds
on behalf of EMCC and has further authorized its Attorneys -in -Fact to attach this Addendum
to any such bonds.
EITICC hereby acknowledges and agrees that the attached bond executed by the Attorney -in -
Fact on behalf of EMCC with an Electronic Signature shall have the same force and effect as
if executed by the Attorn ey-i n- Fact with a wet ink signature.
EMCC also hereby agrees that the seal below shall be deemed affixed to the attached bond
to the same extent as if EMCC's raised corporate seal was physically affixed to the fact of the
boti4.
oil I A4
c
on
SEAL Z Z
U4
0
I ", 4N
4,0IINEO
too 914 $0,
Sprillger, Vice President
717 Mulberry Street I Des Moines, IA 50309-3872 1 515.280.2511 1 F 877.250.6538 1 www.emcins.com
Employers Mutual Casualty Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Underwriters, LI-C
EMCASCO Insurance Company Dakota Fire Insurance Company Hamilton Mutual Insurance Company EMC National Life Company (affiliate)
EMC Reinsurance Company EMC Property & Casualty Company EMC Risk Services, LLC