HomeMy WebLinkAbout89-10 RESOLUTIONRESOLUTION NO. 89-10
A RESOLUTION AWARDING BID #10-33 AND APPROVING A
CONTRACT WITH J. JOHNSON CONSTRUCTION COMPANY, LLC IN
THE AMOUNT OF $46,279.00 FOR THE CONSTRUCTION OF BLOCK
RETAINING WALLS FOR THE FRISCO TRAIL FROM MAPLE STREET TO
SPRING STREET, AND APPROVING A PROJECT CONTINGENCY OF
$9,255.80
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid
#10-33 and approves a contract with J. Johnson Construction Company, LLC in the amount of
$46,279.00 for the construction of block retaining walls for the Frisco Trail from Maple Street to
Spring Street.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency of $9,255.80.
PASSED and APPROVED this 1St day of June, 2010.
APPROVED: ATTEST:
By,
By:
&mat
t ELD J IRAN, Mayor SO DRA E. SMITH, City Clerk/Treasurer
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/1/2010
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution awarding Bid #10-33 and approving a contract with J. Johnson Construction Company, Inc. in the
amount of $46,279.00 for the construction of block retaining walls for the Frisco Trail connection from Maple St. to
Spring St.; and approving a 20% project contingency in the amount of $9,255.80.
55,535.00
Cost of this request
250,000.00
4520.9550.5814.05 $
Account Number
06036.1001
Project Number
Budgeted Item
X
Category / Project Budget
80,467.00
Transportation Bond Trail Improve
Program Category / Project Name
Trail Improvements
Funds Used to Date Program / Project Category Name
169,533.00 Sales Tax Construct Bonds
Remaining Balance Fund Name
Budget Adjustment Attached
Finance and Internal Services Director
gr) iS.14Ao
Date
s-rtero
Date
5 —
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Revised January 15, 2009
ivi1e
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer G8
From: Matt Mihalevich, Trails Coordinator
Date: May 12, 2010
Subject: Frisco Trail Retaining Walls
PROPOSAL:
Staff requests approval of a resolution awarding Bid #10-33 and approving a contract with J. Johnson
Construction Company, LLC. in the amount of $46,279.00 for the construction of block retaining walls for the
Frisco Trail Connection from Maple to Spring Street; and approving a 20% project contingency in the amount
of $9,255.80.
RECOMMENDATION:
The Transportation Division has started construction on the 0.4 mile section of Frisco trail that will connect
Frisco Trail to Scull Creek Trail along the east side of the Arkansas & Missouri Railroad from Spring Street to
Maple Street. The construction of retaining walls is required for this trail project due to the tight and steep
corridor for the trail along the railroad. Staff requests a 20% contingency to cover any unknowns with regard to
the soil stability for the walls. The trails construction crew will complete the majority of the trail project;
however we typically request assistance from a private contractor for the retaining walls, trail lighting and
bridges. The walls will be charcoal colored split face concrete blocks to match the existing walls along Scull
Creek Trail. The project will expand the primary north -south backbone of Fayetteville's alternative
transportation system to a total of 7.2 miles of connected trail going from MLK Boulevard to Old Missouri
Road.
The construction was advertised on April 15`h and April 22nd 2010 as bid number 10-33 with official bids
received on May 71h, 2010. Five bids were received and J. Johnson Construction Company, Inc. was low bid
and $11,667 below the estimate. The official bid tab is attached.
BUDGET IMPACT:
Funds for the retaining wall construction have been budgeted as part of the Transportation Bond Trail
Development Program.
RESOLUTION NO.
A RESOLUTION AWARDING BID #10-33 AND APPROVING A
CONTRACT WITH J. JOHNSON CONSTRUCTION COMPANY, LLC IN
THE AMOUNT OF $46,279.00 FOR THE CONSTRUCTION OF BLOCK
RETAINING WALLS FOR THE FRISCO TRAIL FROM MAPLE STREET TO
SPRING STREET, AND APPROVING A PROJECT CONTINGENCY OF
$9,255.80
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid
#10-33 and approves a contract with J. Johnson Construction Company, LLC in the amount of
$46,279.00 for the construction of block retaining walls for the Frisco Trail from Maple Street to
Spring Street.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency of $9,255.80.
PASSED and APPROVED this 15` day of June, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
LEGEND
12'WIDE TRAIL P -----t
STORM DRAIN PIPE
6' CHAIN LINK FENCE -o--s>-
0 30 60 /P
Frisco Trail
Maple to Spring Streets
May 2010
ye v eitw.u.,
FayaYtmiSk. ,1N Inl l
aas7ssm6
EngiMWKing Ditii,n
aye evee
Art IC AN SRS
BID: 10-33
DATE: 05/07/10
TIME: 2:00 PM
CITY OF FAYETTEVILLE
Bid 10-33, Construction of Frisco Trail Wall
BIDDER TOTAL BASE BID
1 All Around Landscaping, Inc. $49,755.00
2 Fochtman Enterprises, Inc_ $100,738.00
3 Global Painting & Construction, Inc. $120,550.00
4 J. Johnson Construction Company. Inc. $45,279.00
5 Sweetser Construction, Inc. $70,815.75
'NOTICE: Bid award Is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
GENT ` WITNES
o/LO
AT
City of Fayetteville
Bid 10-33, Construction of Frisco Trail Wall
Contract
This contract executed this day of , 2010, between the City of Fayetteville, Arkansas, and J.
Johnson Construction Co. Inc. In consideration of the mutual covenants contained herein, the parties agree as
follows:
1. J. Johnson Construction Co., Inc. at its own cost and expense shall furnish all labor, materials,
supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other
accessories and services necessary to complete items bid per Bid 10-33 as stated in J. Johnson
Construction Co., Inc. bid proposal, and in accordance with specifications attached hereto and made a
part hereof under Bid 10-33, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay J. Johnson Construction Co., Inc. based on their bid proposal in an
amount not to exceed $46,279.00. Payments wilt be made after approval and acceptance of work and
submission of invoice. Payments will be made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and J. Johnson
Construction Co., Inc. consist of this Contract and the following documents attached hereto, and made
a part hereof:
A. Bid form identified as Invitation to Bid 10-33 with the specifications and conditions typed
thereon.
B. J. Johnson Construction Co., Inc. bid proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and J.
Johnson Construction Co., Inc. and may be modified only by a duly executed written instrument signed
by the City of Fayetteville and J. Johnson Construction Co., Inc.
5. J. Johnson Construction Co., Inc. shall not assign its duties under the terms of this agreement.
6. J. Johnson Construction Co., Inc. agrees to hold the City of Fayetteville harmless and indemnify the
City of Fayetteville, against any and all claims for property damage, personal injury or death, arising
from J. Johnson Construction Co., Inc. performance of this contract. This clause shall not in any form
or manner be construed to waive that tort immunity set forth under Arkansas Law.
7. J. Johnson Construction Co., Inc. shall furnish a certificate of insurance addressed to the City of
Fayetteville, showing that he carries the following insurance which shall be maintained throughout the
term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide
worker's compensation insurance. In case any employee engaged in work on the project under this
contract is not protected under Worker's Compensation Insurance, J. Johnson Construction Co., Inc.
shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for
the protection of such of his employees as are not otherwise protected.
Workmen's Compensation Statutory Amount
City of Fayetteville, Arkansas
Page 1 of 2
Comprehensive General &
Automobile Insurance
Bodily Injury Liability
$500,000 for each person injured.
$1,000,000 for each accident.
Property Damage Liability/Other As outlined and required in bid documents
The premiums for all insurance and the bond required herein shall be paid by J. Johnson Construction
Co.. Inc.
8. J. Johnson Construction Co., Inc. to furnish proof of licensure as required by all local and state
agencies.
9. This contract may be terminated by the City of Fayetteville or J. Johnson Construction Co., Inc. with 10
days written notice.
10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
11. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the
City Council in advance of the change in scope, cost or fees.
WITNESS OUR HANDS THIS ! SA' DAY OF
ATTEST: 7)ANY S CRETARY
I.30° DA. CA.- 17f .
BUSINESS ADDRESS
City of Fayetteville, Arkansas
Page 2 of 2
2010.
CITY OF FAYETTEVILLE,
AYETTEVILLE ARKANSAS
L ONEL
Att
So
DA , Mayor
dra Smith, City Clerk
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CONTRACTOR
NA AND TITLE
City Of Fayetteville
KequisLtion No.:
Bale:
5/1/2010
P.0 Number:
Expected Delivery Date:
Vendor It: TVendor
19993
flame:
J Johnson Canstruclion Company. Inc
Mail
Yes: X No: ___...
Address:
1300 Morsani Dr.
Fob Point:
Taxable
Yes: X No: .Yes:
()notes Attached
_X_ No:
City:
Rogers
Stale:
AR
Zip Code' Snip to code:
72755 104
DiviSOn Read Approval
Requester:
Matt Mihalevich
Requesters Employee #:
2509
Extension:
415
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Numbers
PrdjecI/Subprojecl It
Inventory #
Fixed Asset #
1
2
3
4
5
6
7
8
9
10
CdnSlrudtidn of Frisco Trail walls
per Bid #10-33
1
JOB
546.279.00
546279.00
4520.9550.5814.05
06030/1001
Res. No.
50.00
50.00
50.00
50.00
50.00
50.00
30.00
50.00
50.00
Special Instructions:
Subtotal:
Tax:
Total:
049.279.00
52.857.99
549.136.99
Approvals:
Mayor:
Finance
Dispatch
Department Director:
Budget Manager:
Utilities Manager:
Purchasing Manager:
& Internal Services Director:
IT Manager:
Manager:
Other:
Bond No. S350373
Employers Mutual Casualty Company
HOME OFFICE * DES MOINES
STANDARD CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS: That We, J. Johnson Construction Co Inc
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY,
a corporation organized and existing under the laws of the State of Iowa with its principal office in the
CITY OF DES MOINES, IOWA, and authorized to transact business in the State of Arkansas as Surety,
are held and firmly bound unto City of Fayetteville (hereinafter called "Obligee"), in the penal sum Forty
Six Thousand Two Hundred Seventy Nine and no/100 DOLLARS ($46,279), good and
lawful money of the United States of America, for the payment of which, well and truly to be made, we
bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by
these presents.
SEALED, with our seals and dated this 18th day of June, 2010.
WHEREAS, the above bounden Principal has entered into a certain written contract with the
above named Obligee, dated the 18th day of June, 2010.
Frisco Trail Wall
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein for the purpose of explaining but not of varying or enlarging the obligation.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the
above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the
matters and things in said contract set forth and specified to be by the said Principal kept, done and
performed at the time and in the manner in said contract specified, and shall pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of
failure or default on the part of said Principal, then this obligation of the Surety is and shall be construed
strictly as one of suretyship only.
(If Individual or Firm)
ATTEST:
J. Johnson Construction Inc.
Principal (Seal)
BY: i,V/
:/A__
EMPLOYE MUTUAL CASUALTY COMPANY
Surety
BY: ?C.4---vrar„
Pamela S. Pickett
Attorney -in -Fact
Bond No: S350373
Employers Mutual Casualty Company
HOME OFFICE ' DES MOINES
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That We J. Johnson Construction Co Inc
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY,
a corporation organized and existing under the laws of the State of Iowa and authorized to transact business
in the State of Arkansas, (hereinafter called "Surety"), as Surety, are held and firmly bound unto the City of
Fayetteville (hereinafter called "Obligee"), in the penal sum of Forty Six Thousand Two Hundred
Seventy Nine and no/100 DOLLARS, ($46,279), good and lawful money of the United States
of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
SEALED with our seals and dated this 18th day of June, 2010
WHEREAS, the above bounden Principal has entered into a certain written contract with the
above named Obligee, dated the 18th day of June, 2010.
Frisco Trail Wall
Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, IF the Principal shall promptly make payment to all persons supplying
labor and material in the prosecution of the work provided for in said contract, then this obligation to be
void; otherwise to remain in full force and virtue.
Signed and Seated this 18th day of June, 2010.
J. Jo on Constru _ ion Inc.
WITNFS:
(If In lviTual of Firm
ATTEST:
(If Corporation)
(Seal)
(Seal)
(Seal)
(Seal)
EMPLOYERS MUTUAL CASUALTY COMPANY
Surety
By—Yr�QSCr� 1st - 1 J1-6(1—
Attorney -in -Fact
Pamela S. Pickett
g.,42 . ?q-10
AE Rb® CERTIFICATE OF LIABILITY INSURANCE OP ID PP
JJOCO 1
DATE IMMmorTY)
06/23/10
PRODUCER
Walker Bros. Insurance, Inc.
P.O. Box 7570
Springdale AR 72766-7570
Phone: 479-306-4677 Fax: 479-306-5110
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.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
J. Johnson Construction Co Inc
1300 Morsani Dr.
Rogers AR 72756
MURIAA Cincinnati Insurance Co.
10677
INSURER B.
GENERAL
X
INSURER C:
CAP5867132
TSURER0
08/01/10
INSURER SURER E',
i 1,000,000
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1551E0 TO 1HE TOURED NAMED ABOVE FOR THE POLICY PERIOD NDCATED. NOTWRHSIANONG
AMY REOUTAE ME NI. TERM OR CONDITION OF ANY CONIRAOr OR 07HER DOCUMENT WITH RESPECT 10 WHICH 1M5 CERTF.CATE MAY BE ISSUED OR
MAY PER IAN. 1IC INSURANCE A10300450 POACES DESCRIED 4)500514111.0.051 TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
PCLICE3 AGGRE0.TELA. 3 S1M)INN MAY UOVE DEE. REDUCED., PAID CLAAJO
INSR
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SRD
TYPE OF TNI
SURCE
POLICY NUMBER
POLICY EFFECTIvE
DATE ONUCOrTYYYI
POLICY EJUAFRATI05
DATE IM....., rv1
LIMITS
A
X
GENERAL
X
LIABILITY
cotaxRaALGENERALLAaBm
CAP5867132
08/01/09
08/01/10
EACH OCCURRENCE
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ON.AOE TONT/ATM
PEMI.ES(Ea om.an>,1
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0801440 X OCCUR
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GEN._ AGGFAE GAT E LIMIT APPLIES PER.
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08/01/09
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s
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wORAER5 COMPEN TATION
AHDEMPLOYERS. LIABILITY ,!N
Any PHOPRIETOM.ARTNENEXECUTIYE
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$ 1,000,000
EL. DISEASE -POLICY LIMIT
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A
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CAP5867132
08/01/09
08/01/10
Rent/Leas $500,000
Deductibl $500
DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROW0015
As respects job Frisco Trail Wall Certificate holder and City of
Fayetteville are shown as additional insured as respects General Liability
coverage
CERTIFICATE HOLDER
CANCELLATION
CIT1001
Arkansas Missouri Railroad
306 Emma St.
Springdale AR 72764
SHOULD ANY OF THE ABOVE OE.ORIBEO POUCE5 DE CANCELLED BEFORE RH1 E4PI5ATIOH
DATE THEREOF, ENE usUINO INSURER TALL ENDEA000 TO NAM.
NOTICE TO TRE CERTIFICATE HOLLER HAW 0 TO THE LEFT. BUT FULUR. TO 00 An 30011
WPO SE NO OBL.DAICN OR LM MITT OF ANT HIND UPON THE IN30REB. IT5 AOENT5 C.
BEARESENT0TFOS a.
30 OATS WITIIIEN
ACORD 25 (2009/01)
70,4t,
The ACORD name and logo are reg._._. __ ...-..................
ATION. All rights reserved.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009!01)
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK - HOLD AT AN ANGLE TO VIEW.
M EMC Insurance Companies
P.O. Box 712:• Des Moines, IA 50306-0712
. CERTIFICATE : OF AUTHORITY INDIVIDUAL ATTORNEY -IN --.FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1" Employers:Mutualcasualty Company, an Iowa Corporation 5.. Dakota Fire Insurance Company, a. North Dakota Corporation
2. EMCASCO Insurance'Company, an Iowa Corporation 6, EMC Property '& Casualty Company, an Iowa Corporation
3: Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton MutualInsurance Company, an Iowa: Corporation
4 ; Illinois EMYICA$CO Insurance Company, an Iowa Corporation
hereinafter referred to severallyas'Company" and collectively as "Companies", each does, by these presents, make constitute and, appoint,
PAMELA S. PICKETT,.,DANNY L.,SCHNEIDER, PAT A GIRARD, MIKE A LUTTRELL, ADRIAN W LUTTRELL ,.INDIVIDUALLY,;
SPRINGDALE, 'ARKANSAS:
its true and lawful annorney iin fact wth.full power and authority conferred to sign, seal, and execute its Iawful:fionds undertakings, and other obligatoy instruments of a
similar nature as follows:
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS ($10,000,000.00)
and to bind each Company thereby as fully and to the sameextent as if such instruments were signed by the dilly authoriied:pfiicersaf each such Company and „all af,
the acts of said attorney pursuant to the authority Hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire APRIL 1, 2011 unless sooner revoked:
. AUTHORITY FOR POWER OF ATTORNEY
.This <Power-ot-Attomey,.is made and. executed. pursuant to and by the authority;of the following resolution of:.the Boards of Directors ofeach of the Companies at a
regularly scheduled meeting of each company duly called arid held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasureriand the Secretary. of Employers Mutual Casualty Company shall have power
and, authority to CO'appoint attorneys -in -fact and authorize them to execute on behalf of each Company` and'' attach the: seal of the.Cortipany thereto, bonds and
undertakings, recognizarices, 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. Attomeys•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, recdgnizances;.contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-frr-fact shall be fully and in all respects binding.upo the Company.
Certification as to the validity of any power-of-attorney'' authorized herein made by an officer of Employers Mutual Casualty. Company shalt, 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 .shallbe valid and:binding upon the Company with the sate force and affect as though manuallylaftixed,:
IN WITNESS WHEREOF, the: Companies. have, caused these presents tobe signed for each by their officers as shown,and, the Corporate seals to' be hereto affixed this
26TH day of MAY . 2010 .:. n•
1
+ HCt CO:,c 1 Id e
: 2 $400.POgQ,A 0 +c - S4pRPOPgTF▪ G▪ v
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(r
3 SEALY SEAL
ad t o
"41, 00 r 01NE5+p a
CHERYL CROWNOVER
Commission Number 710064
MlyComm. Exp. Oct. H. 24111
Bruce G. Kelley, hairma
of Companies 2, 3, 4, 5 & :; President,.,.
of Company 1; Vice Chairman and ,
CEO of Company 7
y 5: Birdsley
Assistant Secretary
On this 26TH day of • MAY : AD ” 2010 before me a
Notary Public in and for the State oflowa, personally appeared &lice G. Kelley and Jeffrey S.
Birdsley, who, being by me duly sworn did say that they,are, andare,known to me . to be the
Chairman, President, Vice Chairman and CEO and/or Assistant Secretary. respectively, of
each of The Companies above; that the seals•effixed to this instrument are the seals of said
corporations; that said instrument `was -signed ;end"sealed on behalf of each of the Companies
by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and
Jeffrey S. Birdsley, as such officers, acknowledge therexecution: of said instrument to bethe
voluntary act and deed of each of theCornpanies
My Commission Expires October 16, 2011.
CERTIFICATE
I, David L. Hixenbaugh;Vice President of the Companies, do hereby certify that the foregoing resolutionof the Boards of Directors by each of the
Companies, acid this Power ofAttorney Issued pursuant thereto on MAY 26,>2010
` on behalf ofPamela S. Pickett•; Danny,L •Schneider Pat A Girard, Mike A Luttrell, Adrian W Luttrell
•are trite and correct and are still rnfull force and effect.
2. In Testimony Whereof 1 have subscribed• my.nerne and affixed the facsimile seal of each Company this 18thy of June-. 2010
Notary Ptlblfc in?and for theState of Iowa:.
Form 7832 410-07 THD)
G
"For verification of the authenticity of the Power of Attorney you may call (515) 345-2689."
ice-Presiden