HomeMy WebLinkAboutresolution.council.072-95
\\.'.'
Vi
'~"
I'.:.
;"1\\
'>''-''
3 t::'. ell./
'S"'f.,,~~J,
RESOLUTION NO. j1:2-
(Series of 1995)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND BASALT CONSTRUCTION, SETTING FORTH THE TERMS AND
CONDITIONS REGARDING THE RELOCATION OF THE SNOWMELTER, AND AUTHO-
RIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN
WHEREAS, there has been submitted to the city Council a
contract between the City of Aspen, Colorado, and Basalt Con-
struction, a copy of which contract is annexed hereto and made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the City Council of the City of Aspen hereby approves
that contract between the city of Aspen, Colorado, and Basalt
Construction regarding the relocation of the snowrnelter, a copy
of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said contract on
behalf of the City of Aspen.
Dated: ~ d.3) /Q9.s-
John
~~ (f~-
. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
[I.'."'..
~,
"<
".
@
~,.
1)
'\
\\,'
resolution adopted by the city
Colorado, at a meeting held
Council of the city
ctk~ ~:::3
of Aspen,
, 1995.
'y;J~,
K~ City Clerk --,
2
$1)
,:',".''
b
\\-
is,,
.'l';>
pit'
is)
,<;"
",~
.','..,11.....' '.\
.0 \
\: II
'\ /
~r'~
AGREEMENT
THIS AGREEMENT made as of the :;> '5 day of (') J. I 99 ~
_ , 19 _ , by and between the CITY OF ASPEN, Colorado, ("Owner") a~d
BASALT CONSTRUCTION CO. , ("Contractor").
WHEREAS, the Owner 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 titled: City of Aspen,
SnowmeIter Relocation Project - 1995.
WHEREAS, Contractor, in response to such advertisement, or in response to
direct invitation, has submitted to the Owner, in the manner and at the time specified, a
sealed Bid in accordance with the terms of said Invitation for Bids; and,
WHEREAS, the Owner, 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 an Agreement therefore, for the sum or sums named in
the Contractor's Bid;
NOW, THEREFORE, in consideration of the payments and Agreement
hereinafter 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 material, supplies, tools, equipment, labor
and other selvices 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) calendar days after the date of the NOTICE TO PROCEED and
will complete the same by the date and time indicated in the Supplemental
Conditions unless the time is extended in accordance with appropriate provisions
in the Contract Documents.
),
Page 1 of 4
,lie
.'
A",l",
'I%<~ ,
,ge",',
Iii'
W
" .,;
\:<"'~
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 Eighty-
two Thousand, Twenty-five DOLLARS ($ 82.025.00 ) or as shown on the BID
schedule.
5. The term "Contract Documents" means and includes the documents listed in the
Supplemental Conditions, The Contract Documents are included herein by this
reference and made a part hereof as if fully set forth here.
6, The Owner shall pay to the Contractor in the manner and at such time as set
forth in the General Conditions such amounts as required by the Contract
Documents.
7,
This agreement 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 agreement shall be
subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal
Code, including the approval requirements of Section 3-11. This agreement shall
not be binding upon the Owner unless duly executed by 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 t.he City of Aspen aut.horizing the Mayor
or City Manager (or a duly authorized official in his/her absence) t.o execute the
same.
8.
This Agreement and all of the covenants hereof shall inure to the benefit of and
be binding upon the Owner and the Contractor respectively and their agents,
representatives, employees, successors, assigns and legal representatives. Neither
t.he Owner 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 Contractor of
Owner may assign this Agreement in accordance with the specific written consent,
any rights to claim damages or to bring suit, action or other proceeding against
either the Owner or 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 obselved by t.he other party shall be construed, or
operat.e 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 ot.her
party.
I,.
Page 2 of 4
,.It
;:::~'"
.':'-~" -".
i:a,
"~.
",'It.,
~, )
''"'--~/
11.
The Parties agree that this Agreement was made in accordance with the laws of
the State of Colorado and shall be so construed, Venue is agreed to be 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
Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13. This Agreement. was negotiated and reviewed through the mntual efforts of the
parties hereto and the parties agree that. no construct.ion shall be made or
presumption shall arise for or against either party based on any alleged unequal
status of the part.ies in the negotiat.ion, review ordraft.ing of this Agreement.
14. The undersigned representative of Contractor, as an inducement to the Owner to
execut.e this Agreement, represents that s/he is an aut.horized representative of the
Contractor for the purposes of execu ting t.his Agreement and that s!he has full
and complete aut.hority to enter into this agreement for the terms and conditions
specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
ATTESTED BY:
OWNER:
CITY OF ASPEN, COLORADO
~~~
ao/~~
By:
APPROVED AS TO FORM:
/;It/!/7adP
en; i'dtorney
?oh//ff
I <
),
Page 3 of 4
'. f!t~
lilt
,jT
;D.;\< )1
',"It)'"
&~
~).,
"""-<'~~
ATTESTED BY:
rJ~_) a4A'.' 4
C~4
~Lp~ 4/r1
By:
CONTRACTOR'S AFFIDAVIT
The foregoing was acknowledged before me this
_,19_, by
STATE OF COLORADO)
COUNTY OF PITKIN )
) ss,
day of
, whose t.itle is
_, Contractor.
Witness my hand and official seal.
My Commission expires:
Ii
agr-consbid - Version 7/94
of
Page 4 of 4
----~
Y-HERBERT INSURANCE
BOX 6098
MONT CO 80501
10 19 95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
COMPANY A COLO COMP INS AUTHORITY
LETTER
COMPANY B MARYLAND CASUALTY
LETTER
asalt Construction COMPANY C
ompany, Inc. ETAL LETTER
O. Box 110 COMPANY D
ilt, CO 81652 LETTER
COMPANY E
LETTER
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 PERTAIt-h THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLlvIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
o
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
DATE (MM/DDIYY) DATE (MMIDDIYY)
01/01/95 01/01/96 GENERAL AGGREGATE $ 2 000 000
PRODUCTS-COMP/OP AGG. $ 2 000 00
PERSONAL & ADV. INJURY $ 1 000 000
EACH OCCURRENCE $ 1 000 000
FIRE DAMAGE (Anyone fire) $ 50 000
MED.EXP, (Anyone person) $ 5 000
01/01/95 01/01/96 COMBINED SINGLE
LIMIT $ 1 000 000
BODILY INJURY
(Per person) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
$
01/01/95 01/01/96 EACH OCCURRENCE $ 1 000 000
AGGREGATE S
10/01/95 10/01/96
EACH ACCIDENT $ 100 000
DISEASE-POLICY LIMIT $ 500 000
DISEASE-EACH EMPLOYEE $ 100 000
EPA18323387
OMMERCIAL GENERAL LIABILITY
LAIMS MADE [KJOCCUR
OWNER'S & CONTRACTOR'S PROTo
ECA18323080
UBA86730349
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
1039610
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESjSPECIAL ITEMS
E: Snowrnelter Relocation
o Day Notice of Cancellation applies to Workers Compensation and
on- a ent of Premium.
.
''l
'if
0",
\i
\.
City of Aspen
130 S. Galena
Aspen CO 81611
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 3...0- DAYS WRIDEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGEN'TS OR REPRESENTATIVES.
.'
6l
(n,~'", '"
'\~
/J"...,'
\t< '
~.',,'
\',
\,'
BOND Ilco 5817
PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That
BASALT CONSTRUCTION CO.
(Name of Contractor)
P.O. Box 110 - 1800 Medicine Bow Court
Silt. CO 81652
(Address of Contractor)
a Corporation , as Principal, (Corporation,
Partnership, or Individual) hereinafter called Contractor, and
MERCHANTS BONDING COMPANY (MUTUAL)
(Name of Surety)
2425 E. Camelback Road, Suite 800
Phoenix, AZ 85016
(Address of Surety)
as Surety, hereinafter called Surety, are held and fIrmly bound unto The City of Aspen,
Colorado, a municipal corporation and home-rule City, as Obligee, hereinafter called Owner,
in the amount of EiEhtv Two Thousand Twentv Five and No/lOO
=-<$ 82.025.00 ),
in lawful money of the United States for payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these present.
WHEREAS, Contractor has by written agreement dated October , 19~,
entered into a contract with Owner for*:in accordance with the drawings and specifications
prepared by
Schmueser, Gordon, & Meyer
*Snowme1ter Relocation
(Here inset full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, if Contractor shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Contract during the original
Page 1 of 4
$,'"'..',",,.'
~..
"^,,-
$'."
\~<.
M.
(,f
1~;
'(I
\<
- --
term thereof, and any extensions thereof which may be granted by the Owner, with or without
notice to the Surety and during the guaranty period, and if Contractor 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 it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the
Owner having performed Owner'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 Owner
elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder,
arrange for a contract between such bidder and Owner, 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 Owner to
Contractor under the Contract and any amendments thereto, less the amount properly paid by
Owner to Contractor.
(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 380260106, C.R.S., as amended.
This bond, as a penalty and indemnification bond, shall also entitle Owner 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 Owner to the extent of any and all payments in connection with the carrying out
of the contract which the Owner may be required to make under the law by any reason of such
failure or default by the Contractor.
Further, Surety and Contractor shall protect, defend, indemnify and save harmless the
Owner's officers, agents, servants, and employees from and against all claims and actions and
Page 2 of 4
.'
(i,.!',,',',',
\>..
"'''
I.", '
,\
"<.
..1., '
'I'
j',
,\
"
--
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 Owner will assume the defense
of any claim or action brought against the owner.
No right of action shall accrue on this Bond to or for the use of any person or
corporation other than the Owner named herein or the employees, agents, administrators or
successors of Owner.
IN WITNESS WHEREOF this instrument is executed in three counterparts, each one of
which shall be deemed an original, this day of October , 19 ~.
ATTEST:
By
BASALT CONSTRUCTIO NOO ~,
_ (1.<. """""""').. .~
IBY: '
v .
(Principal) Secretary es~ t
P.O. Box 110 - 1800 Medicine Bow Court
Silt. CO 81652
Address
~
' Witness as Principal
Address
ATTEST:
(Surety)
By
Jody Lentz
242~ E. Camelback Road. Suite 800
Phoenix, AZ 85016
Address
:"\~~~J.Lx..,,- ~A_~
Witness as to Surety
Page 3 olr 4
"...,,',, '
,g
~.
.,#
'~"", ,
N
I'
+,
"'" .
I.,
\S
.
'0"
MOODY INSURANCE AGENCY. INC.
1776 S. Jackson St. #509 - Denver, CO 80210
Address
Colorado Resident Agent for
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
of Colorado.
spccs\8146B.pfb
Page 4 of 4
$.1'
I,?,,',',",
-\ .......
."
(,
&",1,',.,','
ri~.~
",-
- --
BOND II CO 5817
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
BASALT CONSTRUCTION CO.
(Name of Contractor)
P.O. Box 110 - 1800 Medicine Bow Court
Silt, CO 81652
(Address of Contractor)
a
, as Principal, and
CorDoration
(Corporation, PartDenbip, or Individual)
MERCHANTS BONDING COMPANY (MUTUAL)
(Name of Surety)
2425 E. Camelback Road, Suite 800
Phoenix. AZ 85016
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto The City of Aspen, Colorado, a
municipal corporation and home-rule city, as Obligee, hereinafter called Owner, for the use and
benefit of claimants as hereinbelow provided in the amount of Eighty Two Thousand
Twenty Five and No/lOO------- ($
$82,025.00--- ), for payment whereof Principle and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principle has by written agreement dated October
entered into a contract with Owner for Snowmelter Relocation
in accordance with
19 95
,
the drawings and
specifications prepared by
Schmueser, Gordon. & Meyer
(Here insert fuU DllDlC, title and addmo)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF TI-IIS OBLIGATION is such that, if Principle
shall promptly make payment to all claimants hereinafter defmed, for all labor and material used
or reasonable 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:
Page 1 of 3
""'~,'.,'""
~i .
".'
(%,
~\.
'\.
".'
1ft,
\\.
\~
1. A claimant is defined as having a direct contract with the Principle lOr with a
subcontractQr Qf the Principal fQr labor, material, lOr both, used lOr reasonably required for the
perfermance ef the Centract, laber and material being CQnstrued te include that part ef water,
gas, power, light, heat, Qil, gaseline, telephene service lOr rental equipment directly applicable
to the Centract.
2. The above-named Principle and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined who has not been paid in full before the expiration
Qf ninety (90) days after the date on which the last ef such claimant's work lOr laber was dQne
lOr perfQrmed or materials were furnished by such claimant, may sue on this bend for use of
such sums as may be justly due claimant, and have execution thereon. The Owner shall nQt be
liable fer the payment ef any costs lOr expenses ef any such suit.
3. Ne suit lOr action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal
shall have given written notice tQ any two of the following: The Principal, the Owner, lOr the
Surety above named, within ninety (90) days after such claimant did lOr performed the last of the
werk or laber, lOr furnished the last of the material for which said claim is made, stating with
substantial accuracy the ameunt claimed and the name ef the party to whom the materials were
furnished, or for whem the wQrk Qf labQr was dQne or perfermed. Such netice shall be served
by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed
to the Principal, Owner or Surety, at any place where an effice is regularly maintained for the
transactien ef business, lOr served in any manner in which legal process may be served in the
State ef -ColoradO'.
(b) After the expiratiQn of one (1) year fellowing the date on which Principal
ceased werk IOn said Centract, it being understood, hewever, that if any limitation embodied in
this BlOnd is prohibited by any law contrQlling the construction hereof, such limitatiQn shall be
deemed to be amended se as te be equal to the minimum period ef limitatiQn permitted by such
law.
(c) Other than in a state af competentjurisdictien in and fer the Ceunty efPitkin,
State Qf CalQrada.
4. The ameunt of this Bond shall be reduced to the extent Qf any payment lOr' payments
made hereunder, inclusive ef the payment by Surety af liens lOr claims which may be filed af
record against the improvement(s), whether lOr not claim fer the amount ef such lien be
presented under and against this Bond.
5. This Bond is intended to be in satisfaction of, and in addition tQ, the blOnd required
pursuant ta Sectian 38-26-105, C.R.S., as amended.
6. Ne final settlement between the Owner and Principal shall abridge the right ef any
beneficiary hereunder, whese claim may be unsatisfied.
Page 2 af 3
fl.'
c,",'.""
d!
'it
,~
~.:'
~.
''"'"
&,'..',.,"""
1%
\~
- ----
IN WITNESS WHEREOF, this instrument is executed in three
of which shall be deemed an original, this day of October
counterparts, each one
, 19 95
ATTEST:
BASALT CONSTRUCT
Principal (i.e. 0
By
(principal) Secretary
P.O. Box 110
l
Silt. CO 81652
Address
Address
~
(MUTUAL)
By
~
2425 E. Camelback Road. Suite 800
'-:::s~~.!...,/SA-~" ~
Witness as to Surety
Phoenix, AZ 85016
Moody Insurance Agency, Inc.
1776 S. Jackson #509 Denver. CO 80210
Address
Countersigned by:
Colorado Resident Agent ti
DATE: 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
of Colorado.
specsI8146B.pyb
Page 3 of 3
A".,
\1):
4\,
\t
'<
Merchants Bonding Company
(Mutual )
POWER OF ATrORNEY
Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), 8 corporation duly organized under the IBNS
of the State of Iowa, and having tt.s principal oHice in the City of Des Moines. County of Polk. State of Iowa, hath made. constituted and
appointed. and does by these presents make. constitute and appoint
***EVAN E. MOODY***SUE MARTIN***BRAD MOODY***JODY LENTZ***
of DENVER and Stale of CO its uua and lawful Attorney.in-Fact with full power
and authority hereby conferred in tts name, place Bnd stead. to sign, execute. acknowledge and deliver in its behaH as surety:
***TWO MILLION OOLLARS ($2,000,000.00)***
~,;,'.,'",'""
"~.:. ... .
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers 01 the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to
the authority herein given, are hereby ratified and confirmed.
This Power-of-Ahorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of
the MERCHANTS BONDING COMPANY (Mutual),
ARTICLE 2, SECTION 8, - The Chainnan of the Board or Presidant or any Vice Presidant or Secretary shall have power and
authority to appoint Attorney-in-Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the
Company thereto, bonds and undertakings, recognizances, contractso1 indemnity andotherwritings obligatory in the nature thereof.
ARTICLE 2, SECTION 9. - The signature of any authorized officer and lhe S.al oflhe Company may be affIXed byfacsimila to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Wrtnass Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused lhese prasents to be signed by its Vice Presidont and
Presidant. and its colJlOrate seal to be herato alfixad.this 25th day of August A.D.. 19 93
Attest: MERCHANTS BONDING COMPANY (Mutual)
#ll~
STATE OF IOWA
COUNTY OF POLK ..,
.........
...~\~G C(;/~..
. ,"l.'. .' . 'i..c'
. c." {; p,.. y. ..
'~.,:T" ..r-.....: .
By 4)~ ..~~
:-;. 19:!::: .~.
...:::,.....s.....y/~.<:"':-..
". f:'..';J!. .. . ;~;t. ....
'0. ..
On this 25th day of August , 19 93 . _Ill rne appeared M.J. Long and
W.G. Brundage, to me personally known. who being by me duly S'NOm did say that they are Vice President and Secretaryn-raasurer
res~ively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument. and that
the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors.
~ . . . . . ..
In Testimony Whereof, I have hereunto set my hand and affixed my Official SaaI, at lhe City of Des Moines, Iowa lhe day and year first
above written.
........
... ....
.. ,\.y~ Ii ..
: ~~ .~...~ 0 .
. ,.. ."~ '.~ ~ D
: :r:" ... CI :
: : IOWA) :
~ "t-'" : -.../ :
. O'~ .......
. ... ....... t. . STATE OF IOWA
... 41i1A\.. ~ .... COUNTY OF POLK u.
."..........
~~
N<<flty Public, PeNk County, IowlII
"'1 CofmniUJon up/f"lt
11-4-95
!,',!&,.'.,',
iSl
.,\
'1<
I, M.J. Long, VICe Prasldentoflhe MERCHANTS BONDING COMPANY (Mutual), do heraby certitylhalthe pbove and
foregoing is a true and corract copy of the POWER OF ATTORNEY, axecutad by said M~G.i?O/)IDING
COMPANY (Mutual), which is still In force and effect. ..",,,:~,,, 'PO' '~:";,"
.In Wrtnass Whereof, I have heraunto sat my hand and affixed the saat of lhe Company, at Des MOi\'2.'l!i,,<.:vfow~ali'i' . ::~::
thiS day of 19, YA ""A' ". - .
. .-{'! ~ 0 :;..
.0;'1'9 ,'~
This power of _mey expires December 31, 1995. . /Iy~;-... ;;-t!f.
......".....
MB 00