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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 ,,�.<< R�� �Tj% `:� �-;••..•oYs'i� �• : Y o '•4 ▪ V• °x%K • ▪ FAYETTEVILLE: • • `.77 a "?..,,• ,;5',5; S.,§" f"""""NG TO �j J11111l1lE7lt0� t/71 41"j er.V7 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 LTR 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 i 1,000,000 ON.AOE TONT/ATM PEMI.ES(Ea om.an>,1 E 100,000 0801440 X OCCUR MED EMT(... one P.I.. i 10,000 X Contractural Incl PERSONAL• ADvMUT" E 1,000,000 GENERAL AGQEGATE i 2,000,000 GEN._ AGGFAE GAT E LIMIT APPLIES PER. `-'—• PR0. POKY X ACT Lo PROdlcf.-COMPGP AGO E 2,000,000 A A01-0M011LE X X X 110BLE1, AMY MAO Alt OWNED AUTOS SCNELED AUTOS HIRED AUTOS NONp0NE0 AUTO. CAA5867132 08/01/09 08/01/10 WM.UEO SINGLE [MIT E„ . 1,000,000 MOLY INJURY RPITN, 1........)CI i BOOST INJURY )Fyl ) i PROPERTY DAMAGE GARAGE LIABILITY YAV1)1 AUTO ONLY - EA ACCGENI $ EA ACC OTHER THAN 1 AUTO ONLY: wcG i A EXCESS X IUMBRE LL ALIABL ITT OCCUR CLAIMS MADE OEDUCIERE NETENTION $ CAP5867132 08/01/09 08/01/10 EACH OCCURRENCE 1 5,000,000 AGGREGATE s 5,000,000 s 1 5 A wORAER5 COMPEN TATION AHDEMPLOYERS. LIABILITY ,!N Any PHOPRIETOM.ARTNENEXECUTIYE OF FCERAJ1010 R DAUM /E V? (Mandatory In NH) sI Y... d..adN INK* 5E0AL PR0AIS10NS I.bw WC2103156-03 08/01/09 08/01/10 X v.STATE- OTH- TDR, 15.5 ER EL.EACH ALCIDEN1 $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE -POLICY LIMIT $ 1,000,000 A OTHER Rented/Leased Equipment 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 Z 1863 `" 1. ..1953 -' q2 , e .''.:71',;''.',,„„••'...'11„ • 0;:.;E \Nsu'ri4N .: otiru4! 4 `.RPOR4r % 72. Pp ORq ,":4):.,.. (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