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HomeMy WebLinkAbout138-15 RESOLUTIONRESOLUTION NO. 138-15 A RESOLUTION TO AWARD BID NO. 15-37 AND AUTHORIZE A CONTRACT WITH DONELSON CONSTRUCTION CO., LLC IN THE AMOUNT OF $151,510.00 FOR ASPHALT MICRO -SURFACING OF CITY STREETS AT A COST OF $2.78 PER SQUARE YARD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,151.00 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 No. 15- 37 and authorizes a contract with Donelson Construction Co., LLC in the amount of $151,510.00 for asphalt micro -surfacing of city streets at a cost of $2.78 per square yard, and further approves a project contingency in the amount of $15,151.00. PASSED and APPROVED this 18'h day of August, 2015. EU -1:9116 By: dmw� SONDRA E. SMITH, e 9 ° gRKANSP� J�•'r City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2015-0295 Agenda Date: 8/18/2015 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 BID NO. I5-37 DONELSON CONSTRUCTION CO., LLC A RESOLUTION TO AWARD BID NO. 15-37 AND AUTHORIZE A CONTRACT WITH DONELSON CONSTRUCTION CO., LLC IN THE AMOUNT OF $151,510.00 FOR ASPHALT MICRO -SURFACING OF CITY STREETS AT A COST OF $2.78 PER SQUARE YARD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,151.00 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 No. 15-37 and authorizes a contract with Donelson Construction Co., LLC in the amount of $151,510.00 for asphalt micro -surfacing of city streets at a cost of $2.78 per square yard, and further approves a project contingency in the amount of $15,151 A0. City &FayetteviNe, Arkansas Page 1 Printed on 8/14/21215 Terry Gulley Submitted By City of Fayetteville Staff Review Form 2015-0298 Legistar File ID August 18, 2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/31/2015 Transportation Services/ Transportation Services Department Submitted Date Division / Department Action Recommendation: A resolution awarding Bid 15-37 Construction - 2015 Asphalt Microsurfacing to and approving a contract with Donelson Construction Co., LLC for the amount of $151,510.00 and approving a 10% project contingency of $15,151.00. 4470.9470.5417.00 Account Number 02052/1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Sales Tax Capital Improvements Fund In -House Pavement Improvements Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,992,324.00 $ 1,131,309.82 861,014. 8 $ 166,661.00 $ 694,353.18 V20140610 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: 'D I iJ r CITY OF S VVe efie ARKANSAS MEETING OF AUGUST 18, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL. AGENDA MEND FROM: Terry Gulley, Transportation Services Director DATE: July 30, 2015 SUBJECT: Bid 15-37, Construction — 2015 Asphalt Microsurfacing RECOMMENDATION: Staff recommends approval of a resolution awarding Bid 15-37 Construction - 2015 Asphalt Microsurfacing to and approving a contract with Donelson Construction Co., LLC for the amount of $151,510.00 and approving a 10% project contingency of $15,151.00. BACKGROUND: Sealed formal bids for the purchase of asphalt microsurfacing were publicly read and the results are attached to this memo. DISCUSSION: Asphalt micro -surfacing is a polymer modified cold -mix paving system that can remedy a broad range of problems on streets. Like its parent product, slurry seal, micro -surfacing begins as a mixture of dense -graded aggregate, asphalt emulsion, water, and mineral fillers. While conventional slurry seal is used around the world as an economical treatment for sealing and extending the service of both urban and rural roads, micro -surfacing has many added capabilities due to the use of high- quality, carefully monitored materials, including advanced polymers and other modern additives. The application of the proper,asphalt slurry system {micro -surfacing and/or slurry sea[) will significantly extend the life of existing pavements by protecting the undersurface from damage caused by water seepage and oxidation. BUDGET/STAFF IMPACT: Funds for the purchase of asphalt microsurfacing have been budgeted in the In -House Pavement Improvements capital project. Attachments: Bid Tabulation Bid Submittal Contract Purchase Requisition Mailing Address_ 113 W. Mountain Street wrww.fayetteville-argov Fayetteville, AR 72701 City of Fayetteville Bid 15-37, Construction —2015 Asphalt Microsurfacing Bid Form Contract Name: Bid 15-37, Construction -- 2015 Asphalt Microsurfacing Bid Number 15-37 BED TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: 1' [�..5`tu c.*io-' Ce. r~LC_ Section 1— Intent: The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 —Terms & Conditions: 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3 — Bidder's Representations: In submitting this aid, Bidder represents, as more fully set forth in the Agreement, that. A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date B.) Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. City of Fayetteville, AR Bid 15-37, Construction —2015 Asphalt Microsurfacing Page 22 of 29 L.) Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926— Subpart P — Excavations. M.) No Bid shall be based upon aggregate of Subcontractors performing more than 60 percent of the total Work. N.) The experience, past performance, and ability of each proposed Subcontractor will be considered in the evaluation of Bids. Any Subcontractor so requested shall be required to furnish experience statements prior to the Notice of Awards. Section 4 —Price: Line Item Descr1 tlon Unit. of Measurement Estimated'. QU2ntity . Line Item Unit Price Total Base Bid 1 MtcrosurfacIng (18-22.Ibs/SY) Per Square Yard. 54,500 $ 2 •7 g $ /51, S l o- Q7 Section 5 —Listing of Subcontractors: I, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. Se ion 6 —Contract lirnes A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days Indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 —Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: D4.>-kC sa„L Cc-S`Wt'Cr o.. Co.. 9 LLC c/c /k 1075 i,�.f;st K-11 P-eac( Ckevet, 11Z (S(3) Phone No. x(17- 7y3— Zt-gT FAX No. 17_ iU3— Z54'S Section 8 —SIGNATURE: A.) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this 2 / Date of Z.] U.'.- ,20 r Arkansas State Contractor License No. 00178O'/1' (a city of Fayetteville, AR Bid 15-37, Construction —2015 Asphalt Microsurfacing Page 24 of 29 If Bidder is: OPTION 1: An Individual Name (type or printed): By: (SEAL) (Individual's Signature) Doing business as: Business address:, Phone No.: OPTION 2: A Partneih1p FAX No.: Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: OPTION 3: A Corporation orLLC SEAL) CO -5-y-r. Ca., L Z C Corporation Name: ( Date of Incorporation: 2 C)V3 Type (General Business, Professional, Service, Limited Liability): City of Fayettevilie, AR Bid 15-37, Construction —2015 Asphalt Microsurfacing Page 25 of 29 LAC By: attach evidence of authority to sign) Name(typeorprinted): MCG°e I J . Y6"t Sin, Title: , "'eb.cc (CORPORATE SEAL) Business address: (O75 L4 ` S e H; ii ,e"( Cleve (4 45[,3) Phone No.: l7 - 7i3 - 2 G 9 Y FAX No. City of Fayetteville, AR Bid 15-37, Construction --2015 Asphalt Microsurfacing Page 26 of 29 (// 7.- -7VY Z9 L/S" City of Fayetteville Bid 15-37, Construction — 2015 Asphalt Microsurfacing Vendor References The following Information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: D V C 1 SOn c+—. O C6 • 1_L C BUSINESS ADDRESS: 1075 Gu.Se K'-1( Qead Clever 1 d i 5l ✓3) NUMBER OF YEARS IN BUSINESS: i - HOW LONG IN PRESENT LOCATION: l Z TOTAL NUMBER OF CURRENT EMPLOYEES: SO FULL TIME PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: FULL TIME PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed). Contractors shall have valid experience. 1. C h,r: s -c [nw t'r y 4O COMPANY NAME CITY, STATE, ZIP CONTACT PERSON -.2112_ TELEPHONE zot3 DATE COMPLETED E-MAIL ADDRESS 3. (e e.%t .Co.-1 COMPANY NAME (q.Ctd, (3'tz) CITY, STATE, ZIP -c-c Mc Cu1Io4 CONTACT PERSON - 1-1 -- �3S- ( 92 TELEPHONE ILJ DATE COMPLETED E-MAIL ADDRESS City of Fayetteville, AR Bid 15-37, Construction —2015 Asphalt Microsurfacing Page 27 of 29 2. C-,+ c -C 11 o wt C COMPANY NAME lzot(a' 140 CITY, STATE, ZIP 5+(ou CONTACT PERSON �J r./ r r 3C _ V e�{�` 4,57 TELEPHONE 2a l4 DATE COMPLETED $MDu ,(OIIQci . i E-MAIL DRESS 4. C ;-t e -c C ta`l'k c COMPANY NAIVW O(4 -t, 5 CITY, STATE, ZIP CONTACT PERSON 19 J3- 971- 9&5o TELEPHONE 2D1 DATE COMPLETED ea( Ojuire ,SD( E-MAIL DDRESS `—� UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Donelson Construction Company, LLC. of business) 1075 Wise Hill Road United Fire & Casualty Company This document has important legal Clever, MO. 65631 118 Second Avenue SE consequences. Consultation with an P.O. Box 73909 attorney is encouraged with respect to its Cedar Rapids, Iowa 52407 completion or modification. OWNER: Any singular reference to Contractor, Surety, (Name, legal status and address) Owner or other party shall.be considered City of Fayetteville. Arkansas plural where applicable. BOND AMOUNT: Five Percent (5%) of Amount Bid PROJECT: (Name, location or address, and Project number, if any) Bid 15-37, Construction -2015 Microsurfacing Fayetteville, Arkansas The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty (80) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be con rued as a statutory bond and not as a common law bond. Donation C struction Company, LLC. Si ne and se d this 5 day of June, 2015 f (Prinrap (Seal) I4 (Witness) (Title) UNITED FIRE & ck5uALTY COMPANY (Surety) (Seal) fitness) Attorney in Fact (Title) The language in this document conforms exactly to the language used in AIA Document A31 0 edition, CONT0525 (072010) g I TtD FIRE & CEprt RAPIDS IA Fnnes ° Surtet Iflul UNID FI� IN)�EMl�j1 T; C4i1+'�lY, LE$T, IX l$ Sect !tom SE 11111 N [�l AL'MIFZCINS NCWcOMPANYjOCLIN, CA f °edgy Ripids, IA 524 # CE$ 4 CO1 :` Eli AI CARNE :t , -« , (original ofildatIome Offiompan3r See Ceifcation) 3 s ie and l u A ortiey td at ri ith over an uthrint here rredto tl . e u+ ecti a in its bb eai4 lawful s, dert kings .. ;n4o1her obligatonutih o§ti tlltitre providedri single Mgah shaI'atce sibo , 000.00 y `' and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies .gid af: o n tie acts of said. Atlorne &pursnan�" guthorttreb tveherebyand t x. ":'.�' •� ""' -,�: �` - +'f'` - �� , a _S e�hiuthorUy4erebyg ant> sh1e1rctht44h d4 o Oct erbe 015 n1 1 s t+Qr eC r�lokea; ' by Tex �& ≥, CASLT LT dMPANt, >qt*q LRE 8 ' INI]E if Y O1 A Y D FINA AL A IFC SUCE C�d1Al� ' `' s Pon e f Attorney s #}ta t and ex�ute d ursu t d b ha tty of the fdi ov i�%g i'yla�ily ado &dd q k 1V ! I } , tZ the Board& f 13irectcl otITED FIi2E & CASUALTY COMPANY, UNITED F & INDEMI ITIf COMPANY, and FINANOIAI PAIFCINSURANCW COMPANY- Article VI Surety Bonds and Undertakings" tion '&pgointment of Attorney-ia-Fact. "The President or any Vice President, or any other officer of the Companie a Bout to E tl 4 f nt by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies t #nu?a t, .b�ohds; prtakmgss and other obligatory instruments of like nature_ The signature of any officer authorized hereby, and the Co ate s b afft�ted l facsimile to any power of attorney or special power of attorney or certification of either authorized hereby in st d i } adopted by Companies original signature g p' tiu resb used being the as the of such officer and the original seal of the Comp Io fah e€o- bin&hg'Ltgon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to thc7tm atio e ` forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such tauments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors ?[atty other offf 'x 3 cth� Companies may at any time revoke all power and authority previously given to any attorney in fact. �s ,,, `�tf5u�rrlury, tN,N 11NNyb IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its, vice president and its corporate seal to be hereto affixed this 14th day of ©okkgoer 2013' UNITED FIRE & CASUALTY COMPANY E CON 8' n, �9 SFALYN X 56AL� x:s f 6 b s UNITED FIRE & INDEMNITY COMPANY y„ps'��`' %y;�, yam, �viocra'& FINANCIAL PACIFIC INSURANCE COMPANY 04i1t H" �Ary 0' '°jnrurruunmai} � By T y t Sta e gIoia, Countyof Linn, as Vice President _ x 9 day 9tober, 2013, before me personally came Dennis J. Rlchmann 7crtot # r i g y rile duly wtu: did depose r ;,that heesIe e tat i #pl J, t t of owa, that a rs ice P ider3 of JIVITEI & CASUACo wi resident of 1Ji4ID FIRE EMNIT`f COMFA`I t, and a Vice PrdideofFlNAiPACWt INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the sealof said corporations; that the }pa1a *d&to_the said .trt3' threat 0 ch cerpoial seal.That was : 'Af ed pursuant3o out ty gi ei hythe o dbiaDi >~5ts i id corpol (inns ₹> id' tat htf ssgi d his 1, meher p s ntt is Il e a thm ty an ac y,� bedges Sal to e dt�Yret &rr�de�ek of fat *or ti hs f qa.e� Jttdh D0 t �' - �IOtflry 1911t1ISG a {tz±nla a4 eat s i 3 ems;, x *`t C`a'r ^e. t b'' C a � > Go��rnssionumber 1TaQ4i � ' � *� y po4)mts&Kar! res: 4/231�OI;�`. MyCo Expires !#2312t?75Vn ; : x " 3 U _ •, i�H! rSr �� "titian b,..; 'y�+[w, --; _,. :;L+ - �:.-- ,Y,..... nnrr �N- N sit tr d -`'``w" �;ythii �,d fi.h/� :. �`.. �' t ` :. ak - 3 - ,? _,' e -- a t'+ E,`5,.• .' `� 3,pr ,ONOi Yi. y S C C AAhFE. tSL ₹ n x • �, B s� - ' K �`r y ..F. ;F ys : , _ * `s g Secre $ .l.riiriilit .:�..,.. „ti ... A"ssitnt SeEretary, UF&VFY BPOA0045 0913 4 g x. n .mss O:F City of Fayetteville NT *ri 14% Bid 15-37, Construction — 2015 Asphalt Microsurfacing Contract —Asphalt Microsurfacing Terms: Single project with unit This contract executed this I day of 2015, between the city of Fayetteville, Arkansas, and Donelson Construction Co., In consideration of them ualcovenants contained herein, the parties agree as follows: 1. Donelson Construction Co., LLC 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 15-37 as stated in Donelson Construction CQ.JLLC bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 1531, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Donelson Construction Co. LLC based on their bid proposal in an amount not to exceed $si.5iO for the initial sco a of work and S218 per square yard for changes necessary based on Droiect conditions. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after acceptance of invoice. The Contract documents which comprise the contract between the City of Fayetteville and Donelson Construction LC consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 15-37 with the specifications and conditions typed thereon. B. Donelson Construction Co.. LLC 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 Donelson Construction -Co.,LC and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Donelson Construction Co., LLC. 5. Donelson Construction Co., LLCshall not assign its duties under the terms of this agreement. 6. Donelson Construction Co. LLC 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 Donelson Construction Co., LLC 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. Donelson Construction Co.. LLC 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 o₹ 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, Donelson Construction Co., LLC 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, AR Bid 15-37, Construction —2015 Asphalt Microsurfacing Page1of3 Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Donelson Construction Co., LLC. 8. Donelson Construction Co. LLC to furnish proof of !censure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Donelson Constriction Co. LLC with 30 days written notice. 10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 11. Liquidated Damages: N/A 12, f=reedom 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 wilt 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. 13, Changes in Scooe 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 DAY OF Donelson Construction Co. L C By: Signature i Contractor Name & Title ,ATTEST (Signorure) 1 a. . l"ter Company Secretary (Printed game) Business Address (O15 Wi3eld;ll C l e vet t1 O City, State & Zip Code City of Fayetteville, AR Bid 15-37, Construction —2015 Aspha�t Microsurfacing Page 2 of 3 LION ELDd A ayor ArrEsr: (signoCe7rz) -•, sy kA NS Sondra Smith, City Clerk Date Signed: / 2 L? f j S Date Signed: Crty of Fayetteville, AR aid 1-37. Construction -2015 Asphalt Micrc surfacing Page3of3 Bond No. 54206100 PERFORMANCE BOND Cortfurma with The American institute of Architects A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that Donelson Construction Company, LLC. (Hero insert lull name and address or )opal title of Contrectoc) 1075 Wise Hill Road Clever, MO- 65631 as Principal, hereinafter called Contractor, and, United Fire & Casualty Company (Here insert lull name and address or legal TWO OF5erety) P.D. Box 73909 Ceder Rapids, IA. 52407 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert Full narne and address or regal title of Ovmer) 113W. Mountain Street Fayetteville, AR- 72701 as Obligee, hereinafter called Owner, in the amount of One Hundred Fifty-one Thousand Five Hundred Ten Dollars And Zero Dollars ( $151,510-00 }. Cents for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Wt'IEBEAS, Contractor has by written agreement dated with Owner for 2015 Asphalt Microsurl~acing Fayetteville, Arkansas in accordance with Drawings and Specifications prepared by N/A entered into a contract (Here InesrtfuR name. address and descripfion or protect) (Hare insert fall name and address orlegal tide of Architect) wbich contract is by reference made a part hereof, and is hereinafter referred to as the Contract. .„t LMS-1121910te9 PERFORMANCE BOND 54205100 NOW, T gREFORB, THE CONDITION Of THIS O>3LIGATION is such that, if Contractor shall promptly and falthfnlly perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the Signed and sealed this Z day of u `� (Witness) L5-1 121S 15159 contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. ponelson Construction Company, LLC. (Seal) (Principal) 1 ≥QCaJ �,.•�k Tae United Fire & Casualty Company (Seal) (saMV) ti Att6mey:-ln-Fact Page 2 of 2 LABOR AND MATERIAL PAYMENT BOND Cvnfonns with The American Institute of Architects A.I.A. Document No. A -Ml Bond No, 54205100 THIS BOND IS iSSU> D SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE Q NNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT ,NOW ALL, By THESE PRESENTS: that Uonelson Constructidrl Company. �rt pun name and address orlegal We at CarRractor) 1075 Wise Hill Road Clever, MO. 85631 as Principal, hereinafter called Principal, and, United Fire & Casualty Company (Here Insert Bull name and address or legal tide of Surety) P.O. fox 73909 Cedar Rapids, 1A. 52407 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (lira insert rue name and address or regal title of owner) 113 W. Mountain Street Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, far the use and. benefit of claimants as hereinbelow defined, in the amount of One Hundred Fifty- one Thousand Five Hundred Ten Dollars And Zero Cents Dollars ($151.510.00 ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated with Owner for 2015 Asphalt Microsurfacing Fayetteville. Arkansas in accordance with Drawings and Specifications prepared by NIA , entered into a contract (Hare insert roll name. address and daseription or project] (Here shell full name and address orlegal tills of Architect) which contract is by reference rrtade a part hereof, and is hereinafter referred to as the Contract. rays , V. .- LMS•1122t ie e LABOR AND MATERIAL PAYMENT BOND 54205/04 NOW, THE[ E ORB, THE CONDITION OF Till1S OBLIGATION 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 shalt remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that pan 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 (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue ott this bond for 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 riot be liable for the payment of any costs or expenses of any such suit 3. No suit or action shell 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 (90) 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 accuracy the amount claimed and the name of the party to whom the materials Signed and scaled this Z 7 day of 'J 1 (Witness) LLLQi (Witnss) were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state 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 (1) year following the date on which Principal ceased Wort, on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state 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 situated, and not elsewbere. 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 Donelson Construction Company, LLC. . (seal) Page 2 of 2 LM3-11220 9c/en (Principal) Zc ( `itle) er. United Fire & Casualty Company (Seal) (Surety) -Title) w 1 ` [SATE (MM1DefyYYY) A9jD CERTIFICATE 'OF LIABILITY INSURANCE 7/23/201 THIS CERTIFICATE IS ISSUE) AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN •THE ISSUING INSURER{S), AUTHORIZED REP RFSENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be efrdorsed. If SUBROGATION IS WAIVE subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statenssat on this certificate does not confer rlghis EO file ,,r iftate holder in lieu of such andoraernen s). PRODUCER Barker Phil1.ipe JaaicsOTX 1637 S Znterpriae Ave P0 Box 4207 e„ a,,.Yf;ctd tO 65804-4207 Cecilia Early _, (417) BB7L3550 PAX Na : (4}71997-325$ Loom INSURE O Clever StoCompany Inc InisuReRc: Doa neJ.san ConstrCtioln Company LLC N5irtSRO: 1075 Wa.ee Bill R.d. IwsulteRe: Clever tdO 65631 EwsuRErtF- COVERAGES CERTIFICATE NURTBER:CL151715970 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURI INDICATED. NOTW(TH$TANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHE=R CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY YHE POLICES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS GENERAL LIABILITY X OWMERCWL 604WAL UMLr1Y A CLAIMS.5WDE L i OCCUR 'L AGGREGATE UMIT APPLIES PEN AUTOMOUILE LIAHI A ANY AUTO ALL OtNED SCHEDULED AUTOS AUTOS NONOWNO HIRED AUTOS AUTOS UMBRELLILWB X OCCUR A EICCEBs LIAR -CLASIS-MADF DE0 REMNTIM0 B W0RRERSGOIRPOSAT10R ANo GMPLOYERB UAalLITY Y IN OANY FFFICERIMEMBER E LURE ECUTIVE (Mandfoyie I* A I Leaned/Rented Vehlolns DENCRIP7IOH OF OPERAMONS I LOCATIONS) VEHICLES ACOR�151, �uAOAdthtie ai R�arl, C�9:t]. 7. aY.6E 4 lrjt�f Ref : 2015 Asphalt: MicroSvrfacilkg, IPa Y$AR. The General Liability when regaired by written contract. T9 D NAMED A13OVE FOR T+IE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS 3 HEREIN IS SUBJECT TO ALL THE TERMS, LIMIT6 EACH DCCLIRR7=NCF s 1,000,000 3 - 100,000 A6M_E 5,000 MED EIS! (Aw one aan) PERSONAL & ADv INJURY $ 1,000,000 GENERA). AGGREGATE 52 000,000 FItODUCT3-OOMPIOPAG0 3 2,000,000 S CDNIBI�I INGIE LIMIT 1 004 000 BODILY INJURY (Pe -P5r m) S BODILY INJURY (Prr5Cd0N11) S PROPERPROPERlY DAMAGE $ eIfl a EACH OCCURRENCE $ 5,000,000 AGGREGATE S 5,000,000 S WC STATU- iOYH- $ 1,000,000 E,L EACH ACCIDENT ELDISEASE- EAEMPLOYE S 1 000 000 E.L 019RASE-POLICY LIMIT t 1 000 004 UMIT OF INSURANCE 250,000 DEDUCTIBLE 500 5.s an ad itionAl insured or SHOULD HvI CBEFORE EXPiRATIIONDATE THEREOF, NOYYCE WILL. BE DELIVERED THEIN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville, Arkansas 113 W. Mountain Street AUTHORIZED REARESENTATIVE Fayetteville, AR 72701 Cecilia Early/Cig 'E ACORD 26 (2010105) 0 1988.2070 ACORD CORPORATION. All rights reserved. INS025 (20"0). H The ACORD name and logo are registered marks of ACORD O 3 m l? U) fi-TiG N U j G) p (7 N m m n w ( C) Ti n o c n o = C c N y hes..... W L7 S m 20 @ j a- (O _ C'. N 1C QQ cn n -[ N = 2) N CD O1' f7 rh O1 o o o a m a CD s z V) , m UT N y CD CD (U Q 2L30 N N _ �'C. (D .3. fQ p N N O CD (D O N (D.'.. O X C N c- C fA U) O fA a EA a Ow a FA O fA O &/ O 64 O (a O fA a s O_ - rNj,- C p1: - N -- a e N o { O 7 N T o SC--' - ti1'.. Q W r a o O O A_ zm c Gp 3 S V CS O G n N 51 Cl O 0- m yI @ C m O N N L, 93 3 1 m 0 z z N U) U) - Ill m @ PPP O ao a a a - -U) Q O CD' - 0 N W o N `° 1II1I1111II11l1I1I11111II111IIIlI1111111I1111II11111111IIIIlIIlII1111 111II1 Doc ID: 016462780005 Type: LIE Kind: PERFORMANCE BOND Recorded: 09/24/2015 at 01:55:29 PM Fee Amt: $35.00 Pape I of 5 Washington County, AR Kyle Sylvester Circuit Clerk FileBO33-00000489 Bond No. 54205100 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. document No. A-311 KNOW ALL BY THESE PRESENTS: that Donelson Construction Company, LLC. (Here insert full name and address or legal tide of Contractor) 1075 Wise Hill Road Clever, MO. 65631 as Principal, hereinafter called Contractor, and, United Fire & Casualty Company (Here insert full name and address or legal title of Surety) P.O- Box 73909 Cedar Rapids, IA. 52407 (319) 399-5700 as Surety, hereinafter called Surety, are held and f irmly bound unto City of Fayetteville, Arkansas (Here insert full name and address or legal title of Owner) 113 W, Mountain Street Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, in the amount of One Hundred Fifty-one Thousand Five Hundred Ten Dollars And Zero Cents Dollars( $151,510.00 }. for the payment whereof Contractor and Surety bind themselves, their heirs; executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated with Owner for 2015 Asphalt Microsurfacing Fayetteville, Arkansas in accordance with Drawings and Specifications prepared by N/A entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal title at Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Page 1 of 2 LMS-11219 10199 PERFORMANCE BOND 54205100 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price: but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and scaled this /7 6 day of S (f+ C4 , 2 O 1 s • Donelson Construction Company, LLC. (Seal) (Witness) - (Principal) M �e� (Title) (Witness) { Page 2 of 2 LMS.1 1219 10!99 LABOR AND MATERIAL PAYMENT BOND Bond No. 54205100 Conforms with The American Institute of Architects A.I.A. Document No. A-311 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Donelson Construction Company, LLC. (Here insert full name and address or legal title of Contractor} 1075 Wise Hill Road Clever, MO. 65631 as Principal, hereinafter called Principal, and, United Fire & Casualty Company (Here insert full name and address or legal title of Surety) P.O. Box 73909 Cedar Rapids, IA. 52407 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas (Here insert full name and address or legal title of Owner) 113 W. Mountain Street Fayetteville, AR. 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Fifty- one Thousand Five Hundred Ten Dollars And Zero Cents Dollars ( $151,510.00 ). for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated with Owner for 2015 Asphalt Microsurfacing Fayetteville, Arkansas in accordance with Drawings and Specifications prepared by N/A , entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Page 1 of 2 LMS•11220 10199 LABOR AND MATERIAL PAYMENT BOND 54205100 NOW, THEREFORE. THE CONDITION OF ThiS OBLIGATION 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 following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use 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 (90) days after the date on which the last of'such claimant's work or labor was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or suns as may he justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of ally 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 (90) 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 accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this i 7 'J were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety. at any place where an office is regularly maintained for the transaction of business. or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) Aller the expiration of one (1) year following the date on which Principal ceasod Work on said Contract, it being understood. however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to he equal to the minimum period of limitation permitted by such law. c) Oiaer 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 situated, 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. day of 5(94' -4,.'C -r - , 2C)t5 (Witness) (Witness) Donelson Construction Company, LLC. (Seal) (Principal) MC�� tl (Title) United Fire & Casualty Company (Seal) ` (Surety) l Attorney -In -Fact (Title) Page 2 of 2 LMS.1 1220 10199 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & FNDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa does ke, co EONS and o appoint GARY L YOST, OR CALLAE J DOTY, OR WILLIAM,L SOUTHWORTH, OR BRAND J BRADLEY, R S. CHRISTINE TOWNSEND, ALL INDIVIDUALLY of SPRINGFIELD MO their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $25,000,00000 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 14th day of October. 2015 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its '�4 e iQ� vice president and its corporate seat to be hereto affixed this 14th day of October • 2013 mRroxwTs cosros rt _ .-r o;c+- UNITED FIRE & CASUALTY COMPANY SEAL �� sE,+L r —=_x: •ba UNITED FIRE & INDEMNITY COMPANY Y� 1ee6 `� FINANCIAL PACIFIC INSURANCE COMPANY • /#, rc 1iKN*\++++•` '!'•gpginNrru,....... By. State of Iowa, County of Linn, ss: � ice President On 14th day of October, 2013, before me personally came Dennis J. Rlchmann to me known, who being by me duly sworn, did deposeand say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. •t Judith A. Davis € Iowa Notarial Seat Notary Public Commission number 173041 My commission a pines: 4/23/2015 My Commission Expires 4)23/2015 1, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of ITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seat of the said Corporations this day of ,20_____ ,` e34y,� iI S F�61HSt� ., y: i1 �y,x.r.r,• �''a„�u+�` ,'�,r,�N,r„n,N`� Secretary, OF&C Assistant Secretary, OF&I/FPIC BPOA0045 0913