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HomeMy WebLinkAboutresolution.council.039-20 RESOLUTION # 39 (Series of 2020) 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 the Construction of a Tiehack Road Waterline and Altitude Vault, 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 construction of a Tiehack Road Waterline and Altitude Vault 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 28' day of April, 2020. Torre, Mayor I, Nicole Henning, 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, April 28th, 2020. C,lk 4 Nicole enning, City Clerk i CITY GF ASPEN CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on APRIL , 2020 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and GOULD CONSTRUCTION, INC. hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2020-50571 Tiehack Water Feed Line & Altitude Vault Replacement, 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 One Million, Four Hundred Forty Seven Thousand Seven Hundred Dollars ($ 1,447,700.00 ) DOLLARS or as shown on the BID proposal attached here as Exhibit A and incorporated herein.. 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 CC1-971.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. 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 CC1-971.doc Page 2 "CC1 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. "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. CC1-971.doc Page 3 "'CC1 "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: (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. CCI-971.doe Page 4 '"CC1 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. 8. 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 grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. TESTED BY. CITY OF ASPEN, COLORADO Title: APPROVED AS TO FORM: By: Cne�y � y A CONT "GIA struction, Inc. By: Title: CC1-971.doc Page 5 "'CC1 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. CCI-971.doc Page 6 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF (",)olby'ac-�O ) ) SS. COUNTY OF U ) On this 15 day of n 2,r 20 0 , before me appeared OaCLCOA , to me personally known, who, being bme first duly sworn, did say that s/he is va.vp of na'LOLIA rouliLA and that the seal affixed to said instrument is the corporatd 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. NICOLE A MACLEOD NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY I D 20184031330 MY COMMISSION EXPIRES AUGUST 06,2022 Address My commission expires: �S/0(D �zo?Z CC1-971.doc Page 7 "CC1 Bond No. S015265 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 CQ 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: One Million Four Hundred Forty Seven Thousand Seven Hundred and NO/100ths ($1,447,700.00 ) 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 entered into a contract with City for 2020-50571 Tiehack Water Feed Line & Altitude Vault Replacement, and, 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 ntoice to the Surety and during 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 "PB1 Page 1 Bond No. S015265 (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. Nd fight,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. SIGNE=D AND SEALED this 1544, day of Apr,l 40 Z0Zb PRINCIPAL: Goul on ructio (seal) By: Attest: Title: ka—e5t ✓L� SURETY: Employers Mutual Casualty Company (seal) By: Attest:_ " Jessica Jean Rini, Witness to Surety Title: Christina L. Townsend,Attorney-in-Fact NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include the 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 '"PB1 Page 2 Bond No. S015265 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 (Corporation,Partnership,or individual) Employers Mutual Casualty Company (Surety's Name) P.O. Box 712, Des Moines, IA 50306 (Suretys 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: One Million Four Hundred Forty Seven Thousand Seven Hundred and NO/100ths ($1,447,700.00), 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 , entered into a contract with with the City for a project entitled: 2020-50571 Tiehack Water Feed Line &Altitude Vault Replacement, 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 dire ctly 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 paidr 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. YB 1-971.doc "YB 1 Page: 1 Bond No. S015265 (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 filed 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 mqY be unsatisfied. SIGNED AND SEALED this l 5 � day of 4 P(ZtL Zd� PRINCIPAL- GdwWdonsInJon. Inc. (seal) �--� /� A By. /' Attest: Title: SURETY: Em to ers Mutual Casualty Company (seal) By: Attest: Jessica Jean Rini, Witness to Surety Title: Christina L. Townsend,Attorney-in-Fact NOTE: Accompany this bond with certified 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 Principal is a Partnership, all partners should execute Bond. YB1-971.doc **YB1 Page:2 Bond No. S015265 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: One Million Four Hundred Forty Seven Thousand Seven Hundred and NO/100ths Dollars($1,447,700.00), 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 for furnishing all equipment, labor, tools and materials for: 2020-50571 Tiehack Water Feed Line &Altitude Vault Repalcement, 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 obligation shall be void otherwise to remain in full force and effect in law. This Bond 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. MBI-971.doc "'MBI Page: 1 Bond No. S015265 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 PRINCIPAL: Gould Construction, Inc. (seal) By: Attest: Title: SURETY: Employers Mutual Casually Company (seal) By: Attest: Jessica Jean Rini, Witness to Surety 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.) MBI-971.doc **MBI Page: 2 /EMC P.O.Box 712-Des Moines,Iowa 50306-0712 INSURANCE 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 S. Dakota Fire in 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: TIMOTHY J.BLANCHARD,ROBERT CHARLES TORREZ,VICKIE GOLOBIC,TERRI L.REESE,CHRISTINA L.TOWNSEND,JENNIFER J.WALKER,BARBARA J.ARNOLD,ASHLEY K.ANDERSON,MARY ANN EURICH,DONNA L.ADAMS,RUTH ANNE LINDSAY,Lynn Christine Bosman,Nikki M.Mosbn,cker,Jessica Jean Rini its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute the 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. The authority hereby granted shall expire October 10th 2022 ,unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey 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 attomey-in-fact at anytime 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 sig d for each by their officers as shown,and the Corporate seals to be hereto affixed this 30th day of March 2020 , ott R.Jean,P e ident&CEO Todd Strother,Executive Vice President f Company t; irman,President Chief Legal Officer&Secretary of ��`.• "�� �`• �;'�': *s &CEO of Com nies 2,3,4,5&6 Companies 1,2,3,4,5&6 ` •pPne,'.F d�.,RPnR�.,p � 3 ,�6r•tlrt9.G SEAL i .x 1863 ';;: 1953 IOWA On this 30th day of March 2020 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 swoI did say that they are,and are known to me to be the CEO,Chairman,President,Executive p SUR9N '' .••HSUH� :�''• Vice President,Chief Legal Officer and/or Secretary,respectively,of each of the Companies :•�° 's:;Y: :�'�:'��"°`'rF.��=. above;that the seals affixed to this instrument are the seals of said corporations;that said SEAL �: =z' SEAL =9- :t SEAL instrument was signed and sealed on behalf of each of the Cornpanies by authority of their W °: respective Boards of Directors;and that the said Scott R.Jean and Todd Strother,as such ;awr*`` L�nh,'ppKJjP �`r"JONES fir'; 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 October 10,2022, KAt'ttrr fioVERIDC#EMY 1 �',drtlmhrrtonl"olonEr7fitU'd9 W f�2"" Notary PubIl6 in and for the Stateit o� 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 30th day of March 2020 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 Vice President 7838(3-20) 0000000 W6187 000 SSE 000000-00 "For verification of the authenticity of the Power of Attorney you may call(515)345-2689."