HomeMy WebLinkAboutresolution.council.045-10RESOLUTION NO.
Series of 2010
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Grand River Construction
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT between
the City of Aspen, Colorado and Grand River Construction a copy of which contract is
annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that CONTRACT
between the City of Aspen, Colorado, and Grand River Construction a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager of
the City of Aspen to execute said contract on behalf of the City of Aspen.
Dated: L/2.e_ , 201,//'~~
//~~
Michael .Ireland, yor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Crou~~ncil of the
City of Aspen, Colorado, at a meeting held ~~7~~ ?-`=~, , 200
Kathryn S. Koch, City Clerk
~ ,
iL- C1ty of A~paa
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on by and between the CITY OF ASPEN,
Colorado, hereinafter called the "City", and Grand River Construction, hereinafter called the
"Contractor".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2010 Street Improvements Project (Project #
2010-034).
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 Three Hundred Sixtv Seven
Thousand Seven Hundred Ninetv Dollazs and Sixteen Cents ($367.790.16) DOLLARS or as
shown on the BID proposal.
.doc Page 1 "CCi
5. The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be 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.
CC2-971.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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTE TED BY:
-~
C ~ . CG„a
CITY
,COLORADO
RECOMMENDED FOR APPROVAL:
Str„e epart e t
ATTESTED BY:
Title:
APPROVED AS TO FORM:
By: , ~~~~ii~
C
CONTRACTOR: 6~c.,~J ~~d2/ Coc.s~ "
r r
By:1~ ~ Ja L-. ~°~7°S
Title: l/~c ~ r~ esrc~e ~n,'~-
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.
CC2-971.doc Page 3 "CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Cwl~fa-~D )
(~ ) SS.
COUNTY OF ~ ~"~ ` )
s~
On this 2 ~ day of S~~ Y , 2010 ,before me appeared
~- a'aC..~ ~~ to me persgnally known, who,
bei g by me first my sworny~did s y that s/he is ~ ~ ~ , ~e w/'~ of
~v~~o~ ~~~ ~~ Lo~s~ , 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.
~~rs
otary Public
Ad
My commission expires: ~ - ai'
CC2-971.doc Page 4 "CCt
1 hereby acknowledge receipt of ADDENDLJM(s) numbered ~___ through ~_
2010-034 ESTIMATED OUANTITYLIST
BID ITEM DESCRIPTION UNIT QUANTITY
Mobilization & Demobilization LS 1
Mob & Demob, Sub Contractor Only LS 1
QC / QA Testing LS 1
Rotomill AC Pavement -Full Width Mill SY
15,956
Rotomill AC Pavement- Edge Mill SY 6,527
UNIT TOTAL
PRICE COST ~
$ Sb `~~ $ yl , /50
oD
$ ~ 00 OQ
$ ~,
$~~~~ $
0
/5 eS
tt Joints
Milli
B
SY
711 L5
$ ~ ~ ~ 5
$ dot
,
u
ng
lt Pavement - PG 58 - 22 (3")
h
t
ll A
I
SY
650 /O
$ ~~ ~ co
$ S~ ~5
a
sp
a
ns
28
2" SY 0 $~ $~
(
)
Install Asphalt Pavement - PG 70- 6l
Install Asphalt Pavement - PG 70-28 (1.6") SY 30,989 $ 8 yY $ ~~ 3 ~g6
Leveling & Patching PG 68 - 22
T'N
20 8~
$ g~ ~ do
$-~'-~
~S so
Adjust Valve/Monument Box to fmish grade . EA 60 $_y,~_' _ $ a / 8
rade
to finish
h
l
t M
Ad
EA
60 0o
$ ~S ~ ao
$ 500
g
an
o
e
jus
Traffic control, barricading, & flagging
LS
1
$ l3, Ob"D `~
0
0
$ /3, DO a
Center Line Paint Stripping
LF
4,089 bS
$~_' _ ~~
$ y ~`g
/6
TOTAL BID IN NUMBERS: $ . 3 b ~~ ~YU
/I f c, ( ~ ~i c .~ ~ I t /4/
Total Bid in Words: %b~ee H~7n Jae r~ -~ Kf~~~ocn ~tieu54~,fJ ~~rr~ ~ioxdfed ~V~ne/~ z iioa I
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has b ee n ~b ~ I of
reserved by the owner.
BP1-971.doc
"BP1
Page 2
~,.....~ale
2010 Street Improvement Bid Sheet
BRANCH SECTION # WORK
NAME STREET FROM:-T0: TO DO
AL ALICE LANE MCSKIMMING RD. To END 3"
DU E. DURANT AVE. S. ASPEN ST. To S. MONARCH ST. 1.5"
DU E. DURANT AVE. S. MONARCH ST. To S. MILL ST. S.S"
DU E.DURANT AVE. S. MILL ST. To S. GALENA ST. 1.5"
E-HY E. HYMAN AVE. 4-S. SPRING ST. To ORIGINAL ST. 1.5"
SO SOUTH AVE. GIBBON ST. To SPRUCE ST. 1.5"
N-ML N. MILL ST. 1-MAIN ST. Thm MILL ST. BRIDGE 1.E"
S-HU S.HUNTER ST. 1-E. MAIN ST. Thru E. HOPKINS AVE. 1.5"
5-HU S. HUNTER ST. Z-E. HOPKINS AVE. To DURANTAVE. 1.5"
GA GIBBON AVE. RED MTN RD. To SOUTH AVE. 1.5"
5-SP S. SPRING ST. 1-MAIN ST. To DURANT ST. 1.5"
WV WESTVIEW DR 1-NORTHWAY DR To ROARING FORK DR 1.5"
Bond No. 5379950
PERFORMANCE BOND
IWOW ALL PERSONS BY THESE PRESENTS: Thatwe, the undersigned, as,
Grand River Construction Co. haVlr~Q a legal busirle55
addrLSe Et P.O. Box 1236, Glenwood Springs, CO 81602
a Corporation as prindpal, hereinafll~dled'Prindpai', and
Employers Mutual Casualty Company
P.O. Box 712, Des Moines, IA 50306
a mrpotaticn organ¢ed under the laws of the Slate Of Iowa ,and qualified to bartisact business
In the SCate of Cobnado, heRinelter called "Surety, are held and flnnly bound urrfo the Cily of Aspen, a Cobrado home
rule municipality, as Obige4 hen?inalter called "City', In the amount or
Three Hundred Sixty Seven Thousand Seven Hundred Ninety Dollars and Sixteen Cents ($ 367,790.16 ~ in YdwfUl
money nr` file United Sha6es for payment whereof Principal and Surety bind themselves, their heirs, executors,
admini_::afore, successors and assigns, jointly end severalty, finely unto these present
WHERC iS, Prlndpal has by wrilb~ agreement dated rune . 2p? °, entered
Intrr c c~ntrad YVIUr City fOr 2010 SUeet Improvements Proiecl' _ _ to aOCnrdan[.2 wJth the Conlraet documents
whkh Contract Dowments Is by refuerrce made a part hereof, and Is hereinafter referred 1o as the Contract
NOW, i ~iEREFORE, if Principal shall well, truly and tarhtury parkum its dWee, all the undertakings, covenants, berms,
conditions and agreements of Bald Contract during the original term thereof, and any extensions thereof which may be
granL:d try the Oily, wHh or witlrait notlce Tp lire Surety and during the guaraniy period, and r Principal shah satisfy all
daims and demands incwred under such Cantrar* and shat fury indemnify and sane harmless City from all casts and
daneges whkh lt may suffer by reason oT failure to do so, and shall reimburse and repay the G11y aG outlay and ergrense
vdllch th3 Cily may incur in rraktrrg good any default then ttrh3 obligation shall be void; othervrise lt shall remain in full
Torus and efif:ct
The Surety hereby vveives notice of any alteration or e~dension of time rrede by the City.
WherlE+ar Principal shah tae, and declared by City th txi in default under the Contract, the City having performed City's
obligetlon hereunder, the Surety may promptly remedy the default or shall promptly:
(1) Completh the ContrdU in accordance with lts temrs and condltlons, or
{2) t]btaain a bid or bids, for completing the Contr~t in accordance with its terms and condltbns, and upon
determlrration by Surely of the Iwaest responsible bidder, or, r the Clty clads, upon deterrmiratlon by the City
and Surety Jolntry of the louvest responsible bidder, arrange for a contract between such bidder and City, and
mal® available as work progresses (even though there strould be a default or succession of defaults under The
Contract or Contracts of completion arranged under tl113 paragraph) suifident funds to pay the cost of
completlon less the balance of the contract price, inducting atller costs and damages for which the Surety may
be Gable hereunder, the amount sat forth In the first paragraph hereof. The farm "balance of the Contract price"
as used In this par~raph, strell mean the toFal amount payable by Cny to Prfidpal under the Contract and any
amendmerrLs thereto, less the amount properly paid by City 1b Prindpal.
(3) Any contract or aucoeseion of contracts entered into hereunder for the mmpleron of the Contract, ahaG also be
subject to this bond as part of the ongtrtal Coerced obGgeilons.
This bond IS intended to be in satisf~otion of, and in addHlon tp, the bond required pursuant to Ser.9ion 38-26-906,
C.R.S., as amended.
CC1A71.doo Page 134 ^CC1 - --
'Project (2010-034)
This bond, ss a penally and tndemnifirstlon bond, shall also entltle Gly to recover as Part of the completion of the
Contract or the payment of any labor or material cosh hereunder, achral and consequential damages, liquidated and
uNiqukiafed dant~es, casts, reasonable atEOmeys fees and evert witness fees, Induding, wkhout limitations, the fees
of englneerirg or arrltlfedural mnsul~rds.
Surety, for value racelved, hereby stipulates and agrees that to Indemnify and save harmless the City to ti1e eXlent of
any and all paymerrts to wnnection with the oanying out of the contract which the City tray be required bo make under
the law by any reason of such failure or defau~ of the Principal,
Furtlter, Surety and Prinapal shay protect, defend, indemndy antl lava tarmless the City's otlirrers, agents, servants,
and employees irom and against all claims and actions and all el~enses IncidertTel to the defense of such claims or
aetlons, based upon or arising out of injuries or death of persons or damage >b property posed by, or sustained in
connection with, tlrls Contract by conditions seated theretry, and on request or the City wit! assume the defense of any
claim or actlon brought ~alnst the City.
No right of aetbn shall aaaue on this Bond bo or for ttre use of any person rx corporation other than the City named
herein or the empkryees, egerrts, adminisiratds or successors of City.
SIGNED AND SEALEDthls
day Of June 2010
PRINGPAL; Grand River Construction Co. (~)
BY: Attest
rdle: /,~ .
SURETY' Employers Mutual Casualty Company('~~
gy: ~~l~C~ ~ ~~~~ c~~ST quest ~- ~r _~~~E~-
T~IA Ashley K. Br t /Attorney-in- ct Cathy Somme / WitnPSs
(Seal;
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to InGude the date of the
bond. (Date of Bond must not lie priorto date of Contract) tf Princpal is PaMerstrip, all partners should execute Bond.
CCt.B7~.doe Page 135 "CC1
Bond No. 5379950
PAYMENT BOND
IQJGVV ALL PERSONS BY THESE PRESENTS: Thatwe, the undrJSigned, es,
Grand River Construction Co.
having a legal business
eddr'ess ~ P.O. Box 1236, Glenwood Springs, CO 81602
s
a Corporation as Princpal, heranattercatled "PrindpaY, and
Employers Mutual Casualty Company
P.O. Box 712, Des Moines, IA 50306
a corporation organized under the laws of the State or.. lO`"_~. and quaAfled to transact business in the
State of Colorado, hereinafter piled "Surety', are held and firmy bound unto the City of Aspen, a Colorado home rule
muniopaGty, as ObBgee, hereirtaPoer plled'City", in the amount of:
Three Hundred Sixty Seven Thousand Seven Hundred Ninety Dollars and Sixteen Cents 367,790.16 ) In lawful
money of fhe Un'Ited States for payment whereof PrlncJpal and Surety bind themseMes, their heirs, executors,
admfiistrators, sttlxessors and assigns, jointly and severally, firmly uMo these praent
WHEREAS, Pdndpal has by written agreerr>mrt dated June , 201 ~, entered into a corrlract with the City for
a project ertdtled: ~ntn R}reor Improvements Project (oroiect n0. 2010-034
n aooordance wAh the Contract Documents which Contrail Documents is by reference made a part trereaf, and is
hereir>after referred is as the Contract
NOW, THEREFORE, THE CONDITION OF THIS OBIJOATION is such that, ff Prndpal shall promptly make payment
to ab claimants hereinaPoer defined, for all labor and material used a reasonably required for the use in the perfomrance
of the Contract, then this ob8gation shall be wid; otheruvlse k shaA remain In full faros and effed, subject, however, to
the foAov~ing conditions:
'i. A Claimant is defined as having a direct canffaCt Wlth the Princpal or Witlt subcontractor of the Prindpai for
labor, inaterlal, or both, used or reasonaby required for the perfomrance of the Contract, labor and material being
consL..a:l hi include that part of water, gas, power, 11gh1; heat, oil, gasoline, telephone service or renHal equipment
directly applipble m the Cortrad.
2. Theabove-name Princpal and Surety hereby jointly and severally agree with the City that every daimaurt as
herein defined who has not been paid ur frill before the expiration of ninety (90) days after the date on vJnich the last of
such daimarrl's work or labor was done or perfartned or materials were 1Umished by such dairtrarlt, may sue on this
bond for use of such duns as may be justly due clairrtard, end have exeartion thereon. The City shalt not be Gable for
the payment of arty costs or expenses of arty such suit
3. No suit or acllon shop commence hereunder try any claimant;
(a) Unless clalmarrt, otherthan one having a aired ootttradwith the Ptindpai shall have given written
notice to any of the folbwing: The Prlndpal, the City, or the Surety above named, wNtrin ninety (90) days otter such
claimant did or performed the last of the work a labor, or tUmished tyre last of the material for which said claim is made,
statlng with aubstanftal accuracy the amount claimed and the name of the party in whom the materials ware famished,
or for whom the work of labor was done or perforned. Such notice shall be served by moping the same registered mall
or cgtified meiG Posh®e prepaid, in an ernrelope addressed 6o the Principal, City ar Surety, at any p~oe where an oif~e
Is regularly malntalned for the trensacUon of business, or svved in any manner in which legal process rt>ay be served In
the Stets of Colorado.
CCt~&71.doc Pegs 136 ^GC1
(b} After the expiration of one (1} year following the tlaee on which Principal ceased work on said
Cuilract, it being understood, however, that If any llmitatlon embodkd in this Bond is prohibited by any law corNrolling
the construction hereof, such limitatlon shall be deemed to tx: amended sa as to be equal to the minimum period of
Iimitatlon permit~d by such law.
{c) Other than in a state of oonipe4ent jurisdiction in and for the County of Pitlcin, State of Colorado.
4. The amount of this Band shall be reduced to the extent of arty payment or paymerris made hereunder,
inclusive of the payment by surety of liens or darns which may be films of record against the improvemerd(s), whether or
not daici tbrthe amount of such lien 6e pn~erlted under and against this Bond.
5. This Bond Is Intended to lu in satisfaction of, and in addition t4 the bond required pursuant to Section 3&
26-'105, C.R.S., as amended.
6. No final settlement between the Cily and Prncpal shall abridge the r~ht of any beneficiary hereunder,
whose claim may be unsatisfied.
SIGNED AND SEALED tltis day of June 2oto
PRINCIPAL: Grand River Construction Co. (~)
By: ~ ~ Attest ~;~ =j--~-~~
T"ttie: // ~7 r
Employers Mutual Casualty Company
SURk~Y:_ -- -
{~)
~~>
~~ Ashley K.
Cathy Sommers
NOTE Acmrnpany this bond with certitted copy of General Power of Attorney from the Surety Company to include the
date of the bond. (Date of Bond must not be prior to date of Contract). If Princpal is a Padnership, all parfiers should
execute Bond.
CCt-871.dOC Page X97 ~CCi
Bond No. S379960
MAINTENANCE BOND
iOdOW AI.L PERSONS BY THESE PRESENTS, That we, the undersigned, as
Grand River Construction Co. ~ P.O. Box 1236, Glenwood Springs, CO 81602 ~ Principal,
,
hetpJnatfer referted to as "Pdndpal", and
Employers Mutual Casualty Company
a corporation organized tnderthe laws ofthe Sisste of Iowa ,and qualified to tranaad
business In iha State of Colorado, es "Surety" are held end firmly bound uMo the CIty of Aspen, Colorado, es obligee,
hereinaPoer referred to as "CHy," in the penal sum oL
Three Hundred Sixty Seven Thousand Seven Hundred Ninety Dollars and Sixteen Cents ~tiats
(~ 367.790.16 ], lawful money of the UMted States of Amerfea, for the Payrtent of wfurh sum, well and
truly >o be made th the City, we bind outseNes, and our heirs, executors, administrators, successors, and assignees,
jointly and severally, by these presents:
WHEREAS, said Prinelpal has errtered into a written Corrlaot with the obligee dated June
20 1 ~ , for famishing all equlpmerd, labor, tools and materials for.
2010 Street Improvements Proied (Project No. 2010-034)
in aooordanx with detected plans and spectficaUons on file in the office of the City Clerk of said City, a copy of wttlch
Contract is attached hereto and made a part hereof.
NOW THEREFORE, The conditions of the foregoing obligations are such that fF the said Prindpal shall well and truly
perform all the oovertards and mnditiens oP this Contract on the part of said Pdndpal to be performed, and repair or
replace al I defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen,
Colorado, from ail loss and damages to tlfe or property suffered or sustained by any person, firm or corporation, qused
by Bald Prindpal or his agerds or his ~nployees, in the performance of said work, or by, or in consequence of any
negfgertr~, tirelessness, ar misaondtxt In guariing and protectlng same, or Uom arty Improper or defective equipment
or mateAals used in the work, or other darlages, costs and expenses and set forth M such Contracts, then this
of~ligatltxr shall be void t'~thtawise hr remain (n toll force and effect In law.
TMs t3ond guarantees tltat the matertai and equipment famished and used, and wodarranship employed In the
petforrttanoe of the work desaibad In this Contract Wm be of such charmer and quality as to Insure it>n be free from atl
deferd+ and In continuous good txderand in a mnditlon satisfactory to the Goveming Body of the City of Aspen for a
period of two year(s) itom the date of the issuance of the Cerliflcate of Completion.
This Bond guarantees that the seld Pdndpal will keep and rraiMain the subJeet work without additional charge or cost to
the Ciq+ of a period spetxfied, and make such repelrs or replacement of any defeutva construction as the City may deem
necessary.
CCS377.doe Page 13B ~t:Ct
Tha said Prindpal shall not be required to maintain any part of Uie Rnprovement under this guarantee which, aRer its
cornpft-aon and aoeeptanoa shall have E~een removed or al6ered by the City or its agent.
SIGNED AND SEALED this
~~ June 2010.
PRIiJCIPAL' Gra/nd River Construction Co. (~i)
By. ~~ Attest ~---"-~~
Tilte: ~i7 ~
SURELY: Employers Mutual Casualty Company
By; ~ , ~'y~ fL. l~at ~c~JT Attest
.rte: Ashley K. Bryant / ttorney-in-Fact
Cathy Sommer~y Witness
~~~
(Accompany this bond vdtl~ certfAed copy of General Power of Attorney from the Sun?ty Company to indude the date of
the band J
CC1-971.dx Pegs t99 ^CCt
/EMCInsurance Companies No. 862684
P.O: Box 712 • Des Moines,:IA 50306-0712 :
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY IN-FACT
KNOW ALL MEN BY THESE PRESENTS, #hat:
}. iEmployers_Mutual Casualty Companyarr Iowa Corporation 5. Dakota"Fire insurance Company,a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa. Corporation: 6. EMGProperty 8 Casualty Company, an Iowa Corporation
3; Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation
4. IlAnois EMCASCO Insurance Company, an bwa Corporation
hereinafter referred to severally as'Company' and collecGVr;ly as "Companies", each does, by these presents make, constitute and. appomk "
EILEEN A. BLANCHARf), TIMOTHY J. BLANGHARD, ANDREW P. WALTERS, VIRGINE KORNBLUTH;ASHLEY K: BRYANT, ,
INDIVIDUAELY, GRAND JUNCTION, COLORADO .......... .........................:. ..::........ .; ... ........... i.:r.: .........
its true and lawful attorney-~n fact with full power and authority conferred to sign, seal, and execute its lawful bonds; undertakings, and other obligatory instruments df a
similar nature as follows:
ANY AND ALL BONDS
and to bind each Company thereby as fullyand to the same extent as if such instruments were signed by the duly authorized offcars of each such Company,. and alrcf
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire ARRIL 1 2012- unless sooner revoked:
AUTHORITY FOR POWER OF ATTORNEY
This Power~of-Attorney is made`arid executetl pursuant to and by the authority of the following resolution of the:BOards of DreGors of each of the Companies at a
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President antl 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 authodze them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances; contracts oY indemrnty and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-tact at any time and revoke
the power and authority givemtc him pr hec Attorneys-m-fact shall have power and authority, subject to the terms and hmitahons of fhe power-ofattorney issued toahem,
to execute and deliver on behalf of the Company and to attach the leak of the Company thereto, bonds and undertakings, recogmzances; contracts of indemnity.and
other writings obligatory in the nature thereof, and any suchlnsVUment executed by any such attorney-in-fact shall' be fully and in all respects binding upon the Company.
Certifcation as tothe validty of any pdwer-of-attomeyautha¢ed Irerein madeby an officer of Employers Mutual Casualty Company shall: be fully andn all respects
binding upon this Company. The facsimile or mechanically'reproduced'signature of such officer, whether made ieretofore oc hereafter, wherever appearing upon a
certifed copy of any power-of-attorney ofitlte Company,' hall'be validrand tiiiiding upon the Company with the erne force and aifectas though manually affixed.:-
IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate sealsto be hereto affixed: this
23RD day of `FEBRUARY ,?,003_-
Seals BruceG Kelley, hairma J eyS Birdsley
s~o iNSOea eN" `0 0, ,yet'' a °as'•., of Companies 2 3 4, 5 & ;President Assistant Seaetary
F(y WpVOPq yCf yJQ=00pPOPq 9p ~ Q OpP~Pq ° of Company 1, Vice Chairman and
E _
` ~ ° CEO of Company 7
SEAL s ~ `1863 1953 -_
y `xD y ~ ~ ",2 i /y ~
'~ ,I~1„
~' /nWA ~ OWP
suxaro ~wpueay v,urun~ On this 23RDday of FEBRUARY AD 2009 before me a
oa pppp ff~o QE ,pvoPq cmc Qs oPq gas`;. Notary Public in and for the State of Iowa, personally appeared Brice G. Kelley and Jeffrey S.
Q ~ q 3 a , ~~ 3 = .9 - Birdsley, who, being by me duly sworn did say that they are, and are known to me to be the
° SERL ~ - _~ ; SEAL ~ _ ~ SEAL io Chairman, President, Vice.Chairman and CEO, and/or Assistant Secretary respectively, of
~ rowa ~ ~ "°P „ op+.~` ~FS^+o~mes ~~'sP'- E p Qations; that said nstmment wets s gned 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
tun rN Jeffrey S. Birdsley, as such officers, acknowledge the. execubon of sacd instrument to be the
~~,o uruq ~ voluntary act and deed of each of the Companies
'$ My Commission Expires October 16, 2011
m
~ 2 ~f~ CHERYL CROWNOYER CI n
Commission Numt»r719064
o~,'I'SUap ~°' My Comm. Exp. Oct 16 20tt Notary P 10 and for the Sfate of bwa
n, iN s 'CERTIFICATE
I, David L Haenbaugh,Vice President of the Companies; dohereby certify that the foregoing resolution of the Boardsbf Directors by each of the
Companies, and this Pnwer oFAttomey issued pursuant thereto on FEBRUARY 23, 2009
on behalf of Eileen A. Blanchard, Timothy J. Blanchard, Andrew P. Walter's, Virgine Kornbluth, Ashley K. Bryant
are true and correct and are still m full force and effect. s
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ day of June 2010 .
/~~..1e~'~~ Vice-President