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HomeMy WebLinkAbout129-90 RESOLUTION• RESOLUTION NO. 129-90 A RESOLUTION AUTHORIZING THE AWARD OF BID 1/90- 28 TO MCCORMICK PAINTING COMPANY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in the amount of $79,345 for painting the Township and Methodist Assembly water tanks. A copy of the bid tabulation is attached hereto marked Exhibit "A" and made a part hereof. • PASSED AND APPROVED this 21st day of August .' ATTEST:�'• By • APPROVED: i . B , ./e' /I 7,...2 4 Mayor 1 7 a <-. ' E t _. ',. erk�^ L .<v • • 1990. • BID NO. 90-28 TANK PAINTING BIDS TOWNSHIP AND METHODIST ASSEMBLY TANKS TOWNSHIP TANK BIDDER ALT. -A . ALT. B Cunningham $ 32,855 $ 9,685 Sandblasting* (MCCor►riick`** 40, 700 9,400 CPa nt-Company Walter Melvin 54,800 .29,800 Painting Company METHODIST ASSEMBLY TANK ITEM A $ 41,280 38,645 84,700 TOTAL BID $ 74,165 c7273-4-11 134,500 NOTES: .Alternate A -is for painting both the inside and outside pf the Township Tank. Alternate B is for painting only the inside of the Township Tank. The Total Bid is based on Alternate A and Item A. . * Bid rejected paint recovery ** Recommended • because of failure to bid on an approved system for Bid Award, lowest qualified bidder. EXHIBIT A CONTRACT 1. THIS CONTRACT executed this d/'day of (,G-% ,n -f- , 19 _ by and between The City of Fayetteville and , the Contractor: WITNESSETH: For and in consideration of the payments to be made as hereinafter set forth, the Contractor agrees to furnish all tools, labor, equipment, materials, and supplies required to construct the improvements described as Methodist Assembly and Township Tank Painting, Schedule I-A,and Schedule II for the City of Fayetteville, Arkansas, in exact accordance with the City's Plans and Specifications for said improvements and the Contractor's Proposal on file at the Office of the City Engineer, which Documents are incorporated by reference hereto, subject to the inspection of and to the complete satisfaction of the City. 2. The City agrees to pay and the Contractor agrees to accept as full and final compensation for all work done under this agreement, the Lump Sum Price named in the Contractor's Proposal, suchpayment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Contractor agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. Time is expressly made of the essence of this Contract. If the Contractor shall fail to complete the work in the time specified he shall pay to the City, as liquidated damages ascertained and agreed, and not in the nature of a penalty, the damages specified in the Proposal for each day delayed, which shall be deducted from the final amount to be paid under the Contract. 4. The Contractor agrees to furnish a Bond, with Surety approved by the City and authorized to do business in the State of Arkansas, guaranteeing the performance of this Contract, for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performanceof this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion and final acceptance by the City. 5 5. The Contractoragrees also to carry Public Liability Insurance; Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS 4 DAY OF C2A.t , 1990 Attest: City Clerk ShertyThom Witness: CorporateSeal .(if any) Act M t' �Wr 6 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS By/l..rn, Mayor �������� By CONTRA TOR t%2diAlaV ame and Title !/12laGe! (Business Address) am- • w1 4utt1 ®! CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 8/30/90" PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 1 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW CODE INSURED McElhanon Insurance Agency P.O:Box 6659 North Little Rock, AR 72116 1 SUB -CODE COMPANY LETTER A COMPANIES AFFORDING COVERAGE Liberty Mutual Ins. Co. McCormick Painting Co., Inc. 815 Thomas Street Little Rock, AR 72202 COVERAGES COMPANY B LETTER COMPANY C LETTER COMPANY D 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 PERTAIN, THE -INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r • CO j POLICY EFFECTIVE POLICY EXPIRATION re, TYPE OF INSURANCE POLICY NUMBER ,..rte ,,,,,,,,,,,,,�, ,...� ,,,,,,,,�,,,,,, ALL LIMITS IN THOUSANDS GENERAL AGGREGATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADM OCCUR. OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER PRODUCTS-COMP/OPS AGGREGATE $ PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per acciden PROPERTY DAMAGE EACH 3 OCCURRENCEAGGREGATE $I$ 1WC-1--3-91-089944040 . 1/1/90 .1/1/91 STATUTORY r DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Attn: Donald Bunn ACORD 25-S (3/88) 100 500 100 (EACH ACCIDENT) (DISEASE—POLICY LIMIT) (DISEASE—EACH EMPLOYEE CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL UUDAYS WRITTEN 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 AGENTS OR REPRESENTATIVES. AUTHORIZED R SENTATIVE C r�� ORD CORPORATION 1988 Certificate of Insurance The Nationwide Insurance Company indicated below certifies that the Insuronce afforded by the policy or policies numbered ar described below is in force os of the effective dote of this certificate. This Certificate of Insurance does not amend, extent or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and describe below. r Certificate Holder's Nome and Address: City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Donald Bunn TYPE OF INSURANCE GENERAL LIABILITY ® Premises - Operations - I I Products - Completed -__ Operations- - - El Personal and Advertising Injury ® Medical Expense El Fire Damage Legal 0 Other Liability AUTOMOBILE LIABILITY al Comprehensive Form a�J Owned Q Hired ID Non -Owned EXCESS LIABILITY —asl Umbrella Form ❑ WorkersCompensation and ❑ Employers' Liability POLICY NUMBER AND ISSUING COMPANY 63 PR 129 401 •Nationwide Mutual ,Insurance, Company 63 BA 129 401 Nationwide Mutual Insurance Company 63 CU 129 401 Nationwide Mutual Insurance Company Insuronce in force only for hazards indicated by X Description of Operations / Locations / Vehicles / Restrictions /Special Items Dote Certificate Issued ;ns. 3753-7-86 Insured's Nome and Address: POLICY EFFECTIVE DATE 08-02-qp 08-02-90 08-02-90 McCormick Painting Co. Inc. 815 Thomas St. Little Rock, AR 72202 DESCRIPTIVE SCHEDULE POLICY EXPIRATION DATE 08-02-9P. 08-02-91 08-02-91 LIMITS OF LIABILITY General $ Aggregate Pr. Comp. Op. Agg, Each Occurrence -- Any One Person'or Organization Any One Person Any One Fire Bodily Injury (Each Person) Bodily Injury (Each Accident) Property Damage Bodily Injury and Property Damage Combined 5,000 50,000 OCCURRENCE $ 1,c D,cco Bodily Injury and Property Damage Ace $1,01,000 Combined gg 'STATUTORY LIMITS Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease Each Accident Policy limit Each Employee 9-culd any of the alae &scribed col 1H ns to witell die expixaticn data thereof, the is iirg oar any will ax5 to to mail 30 days writes notice to the certificate tnlctar- irittil to the left, bit failure to mail such notice Stell irrpore no cbligatim or liability of arty kini tycn the c agar', its agaits ar repreertatives. • NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY Columbus, Ohio 9-5-90 Little Rock. (Jlr ""r Gy[..t' Q /coensai SecretaryPresident Authorized Representotiv Countersigned at: • ThE AMERICAN INSTITUTE OF ARCHITECTS AIA Oocumenr A312 Performance Bonn Any singUlar reference. to Contractor. Surety, Owner or other pany snail be considered plural where applicable. CONTRACTOR (Name and Address): McCormick Painting Company 815 Thomas Street Little Rock, AR 72202 OWNER (Name and Address): The City of Fayetteville Fayetteville, AR 72701 CONSTRUCTION I UCTION CONTRACT Date: Amount: $79,345.00 Description (Name and Location): BOND Date (Nor earlier than Construction Contract Date:: Amount: $79,345.00 Modifications to this Bond: SURETY (Name and Principal Place of Business): CONTRACTORS BONDING AND INSURANCE COMP 1213 VALLEY ST. SEATTLE, WA 98109 Methodist Assembly and Township Tank Painting, Schedule I -A and Schedule II CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) McCormick Company Signature: Name, ana ZAP ;tie: Norte SURETY Corr •arnv• ofthr, RAC Signa y Delano McCormick Presidettame inc (Any additional signatures appear an cage 3) D. M: Acta rV -e_ Psi= 3 ;iC 00 dtZ1Ae31) Y• J • 1 — .,.. : • 14 • 1 The Contractor and the Surety, jointly and severally. bind themselves, their heirs, executors; administrators. successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. . 2 If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. • 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its:address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a Conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe. tion Contract. I( the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason• able time to perform the Construction Contract. but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para• graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor. with consent of the Owner, to perform and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construe. tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract tor' performance and completion oi the Con- struction Contract: arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with rhe Owner's concurrence. to he secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's detault;,or 4.4 Waive its right to perform and complete, arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation. determine the amount for which it may be liable to the Owner and. as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner: or Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as prnvided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default nn this Bond fifteen days alter receipt of an additionai written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond. and the Ownershall he entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part. without further notice the Owner shall he entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractors right to complete the Construction Contract and if the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not he greater than those of the Contractor under the Construction Contract, and :he responsibilities of the Owner to the Surety shall not be greater than those of the. Owner under the Construction Contract. To the limit of the amount oi this Bond. but Subject to commitment hy. the Owner of the Balance of the Contract Price to mitigation 01 costs and damages on the Construction Contract. the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc• non of defective work and completion of the Construc- tion Contract: 6.2 Additional 18231, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non•perfor• mance of the Contractor. 7 The Surety shail not be liable to the Owner or others for obligations oi the Contractor that are unrelated to the Con- struction Contract. and :he 3alance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. `to right of action .Shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors. administrators or successors. 3 The Surety hereby waives notice of any change. includ- ing changes of time. to the Construction Contract or to related subcontracts, purchase orders and other oblige - 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent turisdicrion in the location in which the work or part nithe work is located and shall he instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years alter the Surety refuses or fails to pertonn its obligations under this Bond. whichever oc- curs iirst. If the provisions oi [his Paragraph are void or prohibited hy law. the minimum period of limitation avail - AIA DOCUMENT -On • PERbORmANCE aONO ANO PAthtENr tiono • Ur[Es1tlER iii. 4A THE AmERK AN INSTITUTE OF ARCHITECTS. 173 NEW YORK AVE...N.W , t VAGIINt:. ON D.C.:Coif, bMIRp PRINTING • MARCH 19ry7 4312.1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Con tractor shall be mailed or delivered to the address shown on the sig • - nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS • 12.1 Balance of the Contract Price: The Total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments - have been made, including allowance to the Con• MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. re- duced by all valid and proper payments made to or an behalf or the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12 3 Contractor Oeiauit: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other Terms Thereof. (Space is provided below for additional signatures or added parties, other than those appearing on. cover rpage.) CONTRACTOR AS PRINCIPAL Company: McCormick Painting Com any Signature: Name and Title: Ru Delano McCormick Address: (Corporate Seal/ 8t5 Thomas Street Little Rock, AR 72202 SURETY Comnanv: CONTR Signature: Presidentlame and Address: MA OOCI)MENY Aa12 • P(Rrt IR•MANCE SONO ANO PA\Mtn•T BONO • OECEMntR 196a tO. •:M t 1111 AMER1t'AN INSTITt)T1 QF ARCHITECTS 1715 ,4E\v 1TJNA AVE., .'I W,, WASHINGTON, :) C. _()1n !HIR° MINTING • MARCH 1481 Michael Babb P.O. Box 6255 Sherwood, AR 72116 A3i2.1984 3 • • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and material Payment Bond THIS BOND 15 ISSUED SIMULTANEOUSLY wFTH ?ERFORNIANCE SONO IN FAvOR OF THE OWNER CONOITIONEO ON THE FULL ANO FAITHFUL PERFORMANCE 0; THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Here ncen lull name and address or legal tide of Conutaoq McCormick Painting Company 815 Thomas 'Street Little Rock, AR 72202 as Principal, hereinafter called Principal, and• Contractors Bonding and Insurance Company t,e .mm run name and .ddroa at :epl tide el Sute(y) c/o Babb Enterprises, Inc. P.O. Box 6255 Sherwood, AR 72116 as Surety, hereinafter called Surery, are held and firmly bound unto Heft ;Inert (ii name and sdd•ni or legal tole of Owner) The City .of Fayetteville Fayettville, AR 72701 • as Obligee, hereinafter called owner, for the use and benefit of claimants as hereinbelow defined, in the amount of • Seventy Nine Thousand Three Hundred Forty Five on/ � j (Here ineeft a tum Mal to at least one-half of the contract oricel $$ 79,345.00 for .the payment whereof Principal and Surety bind themselves, their hers, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 14 , entered into a contract with Owner for Mere ;Int( tut name, addrns and description or o,oject) 'Methodist Assembly and Township Tank Painting, Schedule I -A and Schedule II in accordance with Drawings and Specifications prepared by City of Fayettville, AR which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Dive •a,ert full name sad address oe Ie;J bele or Architect) AIA DOCUMENT A31% • PERFORMANCE 30N0 ANO IMOR ANO MA/TRIAL PAYMENT 30NO • 4!A 'J F(RRUARY 1970 W. • rH( AMERICAN INSTITUTE OF ARCHITECTS. 17)5 N.V. AVE.. N W.. WASHINGTON, D. C.:0006 • 3 • • • LABOR AND MATERIAL PAYMENT BOND NOW. TMERErORE. THE CONOIT ION Ur THIS OBI IGATION is Such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract. then this obligation shall be void; otherwise it shall remain in lull force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for.rise in 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 of equipment directly applicable to the Contract. 2. The above named Principal 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 of a period of ninety (901 days after the'date on which the last of such claimants work or labor was -done or performed, or materials were furnished by such claimant, may sue on this bond fpr the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or 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 to any two•of the following: the Principal. the Owner, or the Surety above named, within ninety (901 days after such claimant did or performed the last of the work or labor, or furnished the fast of the materials for which said claim is made, stating with substantial Signed and sealed this day of (Wunr.%) Tina L. Montgomery accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall he served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which Legal process may be served in the state in which the aforesaid project is located. save that such service need not he made by a public officer. CO 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 em• bodied in this bond k prohibited by any law controlling the construction hereof such limitation shall he 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 court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project. or any part thereof, is situated. or in the United States District Court for the district in which .the Project. or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not claim for the amount of such lien be presented under and against this bond. McCormick Painting Company 1 Ed ifPrmocapat1 19 sit• telano McGd'N6'tLck ctors Bondin President Insures ce',Company -w +)rill • (SUr1 I. Itt' (iuI •r ichael Babb R l .71 11AttorneyIn=F,act AIA OOCUMENI A111 • I'ER(ORMA.N(E BOND ANO I ARO% ANI) MA II KIM. PAY.•AEN T RC WO • AIA It BRUARY 19TU ED. • THE 4MERIGxN INSTITUTE OF ARCHITECTS, 11 IS we AVE.. N WA:MIN(, :ON 0. C Itx13r, 4 • IJMITED POW READ CAREFUUY CONTRACTORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH IN THIS UNITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATTORNEY. IF YOU HAVE ANY QUESTIONS ABOUT OR WANT TO VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY TOLL FREE AT 1(500)7$5-2212 Penal Sum S $79,345.00 AttomeyNo. ARO 09owerNa. 016480 Bond No. AR0028 Limited Power ofAttorney Expires 11/30/90 Date Approved: 8/30/90 Approved by: (1.L_�, 4j'! _ Charles J.FalskOw car rn) Pad Nen) Name of Principal: MCrORMTCK PAINTING CO. TNC. Name of Obligee: Ti -IF TTY OF FAYFTTFVTI 1 F Description(s): MFTHODTST ASSFMRI Y AND TOWNSHIP TANK. PAINTING SCHFDI)1 F T—A AND SCHFDULE II Lacadon (If Appffcable): AR KNOW eLHEN BY THESE PRESENTS that CONTRACTORS ECHOING AND INSURANCE COMPANY, a amnion Ary aquvedard aka war rA Ira d to sa d YArlinpas arch Mie u prided drew nSsantINCant Wr"into^ eta eydeeep,egas c 5611" al axe" D. MICHAEL BABB d NORTH LITTLE ROCK AR rtne Wleft aamea4Jc( dale cowed euteerhefty oaWuin R nut pledead mid beaeaaa edeudedgeeddeer ntoner inn! mow andt* weer d owner: We edte Carpal theft stet ante burn event re each matondosdped ter noPreudWd end Whew «gfeeeel cf Ceriny int day Nestor byte Secretary heft Nifty ant afters r tun seas etewyineamare lite prom Sadgpeiertetb rues under and byaNmgdnfoaergmmAaae adgndtyn Buda? Chanel CCNTMCMCS BONDING AND IN6UPNICECOMPANYon 6/06/90 RESOLVED tattle Perin b sutured to sant as ammsyiNaddts Carom D. MICHAEL BABB - rich pari and again ego m behal of to Company those aunty berm and powers d attorney which may from three m ams be tiptoed by Me Vice P eSmit, Chief Frercal afar, President or Chid Durk Gtr of Itb Canpalry, In such penal sums and rmrdig to suet condition as may be afpawad by the Woe Prete, Chid Fintrtid Officer, Presided «Chid Etwadive Olaf d the Company RESOLVED FIRMER that nth Power d Attorney mud sat IoM to specie description d die had ninth t app * td retro d the odMpd, the nine d Meablow the penal sum, he bond minter (except forabld and Where there Ono neaten, the bendying note d theataney-Mad, the Ser yb0 ranter d Ms Pawn d Marney, andte name ad signalers dthe Mee President, the Chid Franca Offices President or the Chid Executes Olfar of He Catpahy; and may sdsl Orth to dmiplbn td amount d addiionaI Unmwce a mlWtat a any. RESOLVED FURTHER that to Ch'el Etcc the Officer, President Chbl Rnandd Officer or Yra Presider of the Carpany S authorized to est lsh Aeolic tpMdtlhn taro for the Pout d Attorney ad to modify that dale tam lime a (ane as the Chid Exeadhro (Mices Presiderm, ChM Randal OMar a Mice President den maw In re eche dsaSbn; to applicable expiration due to be deny tat fond In any wren Paver d Mornay RESOLVEDFURTHER that, except r°thuds provided In to umtodetey easedYq resolution, under no drunter=shat. (a) the corral arrwrfa any b'd, payment performance. or c rbadon payment a� amerce bad Re, a pedonr ce and payment Warta in onebadform) eared $1,25t,0oa 1 the bond Mgtwented by the Seal BusetaaAdwtisrton: o1 any guarantedby the Small BusinessAdnmSSrastr tether them bid bad sash Is erne restricted Di clause (0) aged $2,030,000; ad(d abC hoed which a not guwarsed by the WI Business Adninhbtlon be executed to a Jobwhere, If to contract is awarded, tin bad penalty m any adamants bcd, parent bond or combination prefornence and pawnor toed (u, a performance and payment otrtgaton h ere be tempo te execuad pursuant to to rid bad is to exceed $2,100,000. RESOLVED FURTHER that the above narndfamey-ii-4t I granted power and Wherry to weed the flp$SM peal lifts set lath in de itmdWeFjpreceding madation forty bond in en amend scud In to anourof my adAtatt reinsurance a d any cash, Mtn d uadt a alto security received as coldest security by the Canpany as Iducntent to issue the bond, so king as the duaipan end soul el addtbnal reinsure= or collateral are ser loth In he Power of Attorney. RESOLVED FURTHER Iht the authority of to Secretary of to Corr dry to eMfy the adhWlcly and died Nuns «theforegoing resoLtbns in any Liman Power d Morey is hereby delegated lo IM feigning person the denture d any of the hewing to bind the Conan/ with reaped to the anherkity and ?edMeneu el the foregoing racdo ion es 1 signed by the Smeary d the Crepany: Donk SSrldn, Sewn A GaMes.MercA. Mrevicha and ChYda J. FSS'w.. -... .- .- - RESOLVED FURTHER that the senders (including certification tat the Paver of Attorney M til b fore and offend d to Chid Executive Officer, President Chief Financial Officer, We President and Notary Puerto, and the corporate and Notary seals ap%airq on dry Limed Pow dAtomey containing thisad Me foregone resolution may be by tenon . RESOLVED FURTHER Mal Mt radW4n adapted prdr to today appointing to above Tamed u attorney -Nut lir the Company are hereby Wended. IN WITNESS WHEREOF. CONTRACTORS BONDING AND INSURANCE COMRSNY hu quad hoe pmts bb Spred q to Chief Waft �. Pfeeidta. Chid Financial Ma and Ya Paabsdand is apaaasaal binslilinhed 6/06/90 : Brl� s / Dank Sian, Chat Beduin Ofader / i Steven&`& Get ee, Prasdent STATE OF WASHINGTON — COUNTY Of MNG CONTRACTORS BONDING AND INSURAN BOwCIN„j J Saab LAt- b�' / .1.1.4pOR,T� plans l Wire, Ya Prat SEAL 14)e N A• , Chid Puna Oticer q• a 1.49171113 On 6/06/9 O peaanalyappeand DONALD SIRKIN,STEVEIN A GAMES, MARC A MRIMCXA and CHARLES A FALSKOW, to me Imam to be the pad Eawatie Olken President Chief Rnandd Officer and Wer President, nspdNey, oldie corporation that e.tuted Me foregoing Umled Power ofAttorney and taotw*dged said Um led Pont of Attorney M be to 1roe and vdunury at and dad of add corporation, for Mr user and purposes term maenad, and on and suad tet they an authorized to ern tin odd Unitise Power of Attorney. N WITNESS WHEREOF, I have hereunto sat my hand and dr ed my official se tat above wren Novy Public m and tor Me Sale of Washington -mare at Seems memersignd, acing under authority dte Boar of Mrecton ofCONTRAC r :'.•” AND INSURANCE CO..- - terMMs et lean to Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, MatMr above and foregoing Is ae0. bar and correct copy of the Odgln' ratAtto c'? ..d Corn • y,`a+Id does req parry Mat Ile std Paver of Maury asci In fora and effects`4..:.- AS( 9O GIVEN under my hander SEATTLE, WA. 30 THE AMERICAN INSTITUTE OF ARCH1 T F.CTS 1 'A • .M • e•••• f ALA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where apolicabie. CONTRACTOR (Name and Address]: McCormick Painting Company 815 Thomas' Street Little Rock, AR 72202 OWNER (Name and Address): The City of Fayetteville Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: Amount: $79,345.00 - Descriotion (Name and Location): BONO Date (Not eariier than Construction Contract Cate:: Amount: $79,345.00 Modifications to this Bond: SURETY (Name CONTRACTORS 1213 VALLE? SEATTLE, WA • and Prindpai Place of Businessi: 80NOING AND INSURANCE COMPANY ST. 98109 Methodist Assembly and Township Tank Painting, Schedule I -A and Schedule II CONTRACTOR AS PRINCPAL Company: McCormic None SURETY (Corporate Seal) Comoanv: pany /% (C0NTRAC C See ?ago 3 Signature: Signature: Name. aha Tide- dy Delano McCormick Presidesttme and Ti (Any additional signatures appear on page 3) /FOR /NFCR..1AnoN ONLY—vame., AGO and Tclepnone; Obv,NER'S RE?SEEENTATIVE :Architect, Engineer or other partyi: •AGENT or BROKER: Babb Enterprises, P.O. Box 6255 Sherwood. AR 72116 Inc. D. MichaelBabb`( Attornevr In`Ac$e' AIA COCUAMcnr A412 • pv,pgA,ANCE 3(JN,) 'IMO 'Avg t iN e()NU • OECZ. 'LER '•1114 (^. ' nit .1MfCI(..\N ,Nenrl JTt JF .K(.-�I rECTS. 1%;5 ,vnv yfSg .l(t.. >L.v ASNINC.tOri. 'HIND YR,Nr!N(, • n,A,4c:H Icie7 A312.1984 1 • • 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors. administrators. successors and assigns to the Owner for the performance Of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise after; 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe. tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason• able time to perform the Construction Contract. but Such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Detault; and 1 • 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de - dared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owher has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor. with consent of the Owner, to perform and complete the Construction Contract: or• 4 n Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract. arrange for a contract to be pre- pared for execution by the Owner and the contrac.or selected with the Owner's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Pncx incurred by the Owner resulting from the Contractor's default: Or 4.4 Waive its right to perform and complete, arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: • .1 Alter investigation. determine the amount for which it may be liable to the Owner and. as soon as practicable atter the amount is deter- mined, tender payment therefor to the. Owner; or .2 Deny liability in whoie or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness. the Surety shall be deemed to he in default On this Bond fifteen days alter receipt of an additional .vritten notice from the O'.vner to the Surety demanding that the Surety perform its obligations under this Bond. and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part. without further notice the Owner shall he entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract. and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above. then the responsibilities of the Surety to the Owner shall nor he greater than those of the Contractor under the Construction Contract. and :he responsibilities of the Owner to rhe Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount oi this Bond. but subject to commitment by the Owner Of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Sure- ty i5 obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective worts and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from rhe Contractor's Default, and re - tutting from the actions or failure to act of the Surety under Paragraph 4: and 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non•perfor• mance of the Contractor - 7 The Surety shail not be liable to the Owner or other- for obligations of the Contractor that are unrelated to the Con- struction Contract. and the 3alance of the Contract Price shaii not be reduced or set off on account of any such unrelated obligations. NO right or action shall accrue on • this Bond to any person ar entity other than the Owner or its heirs. executors. administrators or successors. 8 The Surety hereby waives nritice of any change, includ- ing changes of time, to the Construction Contract or to related .subcontracts. purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Rond may be instituted in any court of competent lurisdii tion in the location in which the work or part ni the work i$ located and shall he instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years alter the Surety refuses ar fails to perform its obligations under this Bond, whichever oc- curs tirst. If the provisions oi this Paraerapft are void or prohibited by law. rhe minimum period or limitation avail. AIA DOCUMENT )772 P(REURMANGE BOND ANO p.A MTNT SONO • 0TasiSER 1°A4 bQ ""A THE AMERICAN INSTITUTE QF AkCHITECTS. 173a NEW tC)RN AVE.. NAV . 1vAS(IINC,:ON. o.i.. ;OOin THIRD PRINTING • MARCH 1997 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig• nature page. 11 When this .Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, inctuding allowance to the Con• MODIFICATIONS TO THIS B0N0 ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf or the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including ail Contract Documents and changes thereto. 12.3 Contractor De(auit: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. . _ _rr.. ••..., (Space is provided below for additional signatures of added parties, other than those appearing or •; • '•+' ••, ...t..,, t; a r,: i`a— r i, CONTRAC:7dg AS PRINCIPAL SURETY - •!•;.::::• Companv: (Corporate Seal) Comnanv: E. ..:9' • •• '.• r McCormick Painting, Comp an � COVTR' TO' •0'; NO : 5ignature: Name and Title: Address: dy Delano Signature: McCormick PresidenRlame and Tide.• Address: 15 Thomas Street Little Rock, AR 72202 AIA OOCVh1FNT A312 • )'CRFQ <.\IANCE SONI.) 'NO PA‘MFNT cONO • OECE.IKER 19E4 t0, Tnr. {MERu'AN INSTIT I,ITE Of ARC IITEC.TS 1,24 - 4E1‘ lF]kK .'\ E.. Ns V.. WASHINGTON..'). renRO PMINTINI. • MARCH t?9r Michael Babb • 'pitrneyNCI. F P.O. Box 6255 Sherwood, Alt 72116 A312-19841 3 THE AMERICAN INSTITUTE OF ARCHITECTS T--1 . ?reviser ' AIA Document A311 Labor and material Payment Bond THIS BOND 15 ISSUED SIMULTANEOUSLY WITH PERFORMANCE SONO IN FAVOR OF THE OWNER CONDITIONED ON THE FULL ANO FAITHFUL PERFORMANCE CF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Mete Inset full name and address at legal tide el Conuanorl McCormick Painting Company 815 Thomas Street . Little -Rock, AR 72202' as Principal, hereinafter called Principal, and. Contractors Bonding and Insurance Company nae insert + u name .rte addrns or :gat title of twee') c/o Babb Enterprises, Inc. P.O. Box 6255 Sherwood, AR 72116 as Surety, hereinafter called Surety, are held and firmly bound unto The City of Fayetteville Mere lnse,a Inn name and +dd.e,+ or legal tide el Oemc•t Fayettville, AR 72701 as Obligee,.hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Seventy Nine Thousand Three Hundred Forty Five a Bb/,1Q �5 (Mae insert a sun. equal to least or the contract Pico for the payment whereof Principal and Surety bind themselves, their he rs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has' by written agreement dated - tg , entered into a contract with Owner for (Here inert lull name. address and description of project) Methodist Assembly and Township Tank Painting, Schedule I -A and Schedule II in accordance with Drawings and Specifications prepared by City of Fayettville, AR which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Were Inert +aa name sad Adeline et lege! title tel A,chileco MA DOCUMENT MIT • 9ERTORMANCE SONO ANO LASOR ANO MATERIAL PAYMENT 33N0 • AIA 'J ££RRUARY T970 TO. • ruE AMERICAN INSTITUTE Of ARCHITECTS. 1735 N.Y. AVE., NW., WASHINGTON, D. C.:000T. 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE. THE CONOIT ION 0! THIS 081 !CATION Is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for 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 fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for rise in the performance of the Contract, labor and material being construed to include that part of water, gas. power, light. hear, oil, gasoline. telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal' 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 of a period of ninety (901 days after the. date on which the Int of such claimant's work or Tabor:was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit to finai judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. • 3. No suit or 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 nonce to any two of the following: the Principal. the Owner. or the Surety above married, within ninety (901 days after such claimant did Or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this +r day of accuracy the amount claimed and the name of the party to whom the materials were furnished. or for whom the work or Tabor was done or performed. Such notice shall he served by mailing the .same by registered mail or certified mail: postage prepaid, in an envelope ad- dressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. b) After the expiration of one fit year following the dace on which Principal ceased Work on said Contract, it being understood. however, that if any limitation em- bodied 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 stale court of competent jurisdiction in and for the county or other political subdivision of the state in which the Protect, or any part thereof, is situated, or in the United States District Court for the district in which the Project. or any part thereof, is sit- uated, and not elsewhere. 4. The amount or this bond shall be reduced by and to the Pr<tenl of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not claim for the amount of such lien be presented under and against this bond. 19 McCormick Painting Comnanv ;Pnnc:pat) Delano McGottblick President ,eaTeLiI?4, s Bondi3and. InsurancezComnany // rwnn r,.) Tina L. Montgomery D. Michael Babb r,url ACtorney=In-Fa'ct AM DOCUMENT A)ll • PERFORMANCE SONO AND TAROK ANO MA IKIAt PAYMENT at1NO AIA E BMUART 1970 ED. • THE AMERICAN INST It UTt UI ARCHITECTS. 17 IS N.v AVE., N.W . WASHIN(, FON, U. C !rx)O(, 4 LIMITED P WER OF ATTORNEY READ CAREFULLY CONTRACTORS BONDING ANO INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE BONO DESCRIBED ANO UP TO THE AMOUNT SET FORTH IN ,THIS WIRED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER DF ATTORNEY. IF YOU HAVE ANY QUESTIONS ABOUT OR WANT TO VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BC NOING ANO INSURANCE COMPANY TOLL FREE AT 1(800)785-2212 PenalSum$ $79,345.00 Attorney No. Limited Power of Attorney Empires 11 / 30/90 Approved by: ('if.�_. 3z (agao.q Name of Principal: Name of °ONO.; Dettription(s): AR0090owerNo. 016480 Bond No. AR0028 Date Approved: 8/30/90 Charles J. Falskow elm Nae) MCr.ORMTr.K PATNTTNG C1. TNC. THF CTTY lF FAYFTTFVTI I F MFTHOOTST ASSFMRI Y AVD TOWNSHIP TANK PAINTING SCHFDtJI.F T -A AND SCHFDULE II Location (IfApp8oable): AR KNOW MEN BY THESE PRESENTS that COMPACTORS MING AND INSURANCE COMPANY, a amnion the ward abideq weerh has ddb Sled Yfeshieon ard hate d pmopel dice h sash,lc Coca ililthnlia"ic int, e"witinwitmmdmebdeppe"h D. MICHAEL BABB d NORTH LITTLE ROCK AR lab. ad mei +mewwhaed: with lemead emcee Neu cotes nre rem Mai ad had bdead .drad.daa and ten h tordlel Mab* torn ad deposer re owner are b Wes Conan?? erne sly adb h aam.eea rte aerie amts dwu alined b/ hPreddent aided w htemane W d Me Conon; edam awed Winne*" comp rdetq and mrrntg d nate old ahreylwamyea h the Pedes*. Sad Npdwerab code Lehr and by more dee towns redeem aided te te 3oenf of teaotsd CONTIMCTDNS BONDINOAND INSURMCCOHR NV on 6/06/90 RESCUED that de Pnedatr adroRed to awls as mmmsy* tdthe Corium D. MICHAEL BABB eddy mew vet auto* h sip co ba et the Carberry those surety bonds and powws d attorney which may tram time to ems te approred by the Vice Resat* Chief Financial Wm. President or Chid Executive Officer of the Carp in such penalsums end morel to such conditions es maybe approved byM a Wd PivsVled. Chid Fined arca, Presidia a OW Ecocide abut d the Canaan t RESOLVED FURTHER that ash Poser Attorney mast ant Iota the specie description d the bad to Mich t apples, to nand d the pdrdpd, the nun dthe Tied, the pend sum, the bad number (wept for a rid to iwhete Mare Is no number), the boogying numb, d theananeyirtact the Omitting nabs d the Pwwo d Mornay and the name ad idea" ofthe Yee President, the Chid Famed Mut Rodent a the ChW Decide Olfwrof the Company; and may ad forth the description and amount et addICnal reinsurance a cotters. F any. RESCUED FURTHER that to Chid ExaduNo ONke, President, Chlel Snared Mr a Yoe Presided d the Caryaly is authorized to establish a speedo m intim dam for the Paned Mtomy arida mealy that dale from limo to rime as the Chid Deaths OBwt, Resider, Chill Renck! ors= or Vere Resident ten necenay In his tole dscreten; the applicable aspiration drab Le Many set teat a any mites Fewer d Atbmey RESOLVED FURTHERdhat, accept at otherwise provided h to immadmdy suaediq reedrbn, ueder no drwmnaeo ehat (a) the 0311ThCimthuntfor any bid, pared, petomance. combination pa)nwi and pMmtdnce hind (La, a palomino and pained obagarbn in one bond lord homed SI,250,0001 The bad b guerenbed by the Steal Swims' Ad liftenton: CO) the paw sum d any bad not guaranteed by the Stell BwinaaAannidral (odd than a bid bud Midi is bother ,seeded by dads (c))exceed 52.000.000:ard (d abk bad which b sol guaadeed by the Small Business Adnlbis0dmn be executed la a kb when, a the mitred is awarded, the bad penalty at ay performance bad, payment bond, a ao&katian pefomirce aid paytar bent (Lea performance and payment obligation h one tam) to te aaaaded pweuwd to the bid bond is to exceed 52900.000. RESOLVED FURTHER that the above rwrtMAtbmet h -Ira b graded purer and to awed the applicable paw Ree se kat h the iensdandypreceding msdutbn for trey bald in an rant *quid b the amount of any addliondmneuraae or el any cash, Hoar of or dna security receded as belated"moil bythe Conpay n Induwrtdm to issue to hand. so long as the dwapirnaS amount cd arldtbnal reinsurance or collateral are sot In to Fewer ofMoney. RESOLVED FURTHER that the mtodyof the Se retwy d the Crory b aamy the autheniksy and dada/new d the faegohg thee tutor's et any United Poser dwany b hereby debguaa to tib tole irg paean, the signature d any of the following to bind the C with respect to the authenticity and eesdhenm d te treeing resohtoe as a aped by the Secretary d the Copan Donald SIAM, Seen& GahenMaeA. Mrkvkka, and J. Fazsiaa. RESOLVED FURTHER is the signatures (inducing conflation that the Powe of S aril b bale ard shed) d the Chef Eaecadve OBke. President, ChM Reuel Omker, Yea Resided and Remy Riot and the corporate and Notary seals appearing on any ' Pair diets/ray mntainhq this and the foregoes resolution nay be bylmerree. RESOLVED FURTHER that an resolutions adopted prig to today appointing the above as attorney -In -tad he the Conpuy are hereby supereadad IN WITNESS WHEREOF. CONTRACTORS BCNDNG MC INSURANCE COMPANY Ire add Bede pone te sped by Said Ewan Cr* Pntdare. oris sta it OB'w ed Wu Presthitemlb aapa°et'dt btMntbaatred 6/b6/90 : Dauld SIMS, Dllef Executes Officer Staten A. Genes, Resident STATE OF WASHINGTON — COUNTY OF IONG CONTRACTORS BONDING MOINSUFNN CO MY _ D 1 v,0ND1N01/ BY: 2414 ialtA bl'e✓--- 7`@. 4POiRtT Dohs J. Ramo We d, SEAL; Mem A Wendt Chid Remit On 6/06/ 9 0 perscoazly appeared DONALD SIRNIN, STEVEN A. GAINES. MAR4 A MRIMCWA and CHARLES J. FAISKOW, tome Imam to be the CMd Eaewdve Thy, President, Cnlel Runde Omce end Via Resident. respedwely, of the corporation that executed the toted hg limited Porttd Attorney and adnmeledged sale United Poem of Attorney to te 0e Ire andvobmazy alt and deed of said wrpoallon, nor the uses and purposes therein mentioned, and on oath f mod Oct they are authorized to execute ger sad Unable Power o1Ntomy. IN WITNESS WIEREOF,Ihse hereunto set my hand and affixed myomds seedrat stove written. L 3/ Notary Public in and for to The uneerstyned, acing under authority of ore Boar of DImotors of CONTRAC a '`.:. "- , ANO INSURANCE COMPANY he BONGING AND INSURANCE COMPANY, that the above and fomgdno Is AK nue and outer copy d e Odgin Power d Attorney Is sto In Terve wd effect. l. Bar Spam d Attorneyl i GIVEN under my hand, at i/..ice9. SEATTLE, WA. State d Weselnpt* residing atSeilu rh 1:a' t n or in IRU d:Cand d e of the Sectryay d oddly the ACTORS lid -.and cosi further nrDyauda sato c : AS(060529)0 ;16 ,,,o'r