04/01/2021 PLEASE TURN OFF ALL CELL PHONES
AGENDA
WEST MEMPHIS CITY COUNCIL
APRIL 1,2021
PRAYER:
PLEDGE OF
ALLEGIANCE: V. F. W.
CALL TO ORDER:
ROLL CALL:
BID OPENINGS: WEST MEMPHIS UTILITIES-ROOF REPAIRS AT THE PLANT
BUILDING-WARD WIMBIS-
FAMILY DOLLAR IMPROVEMENT BID-AMANDA HICKS
MINUTES: APPROVE OR CORRECT MINUTES OF MARCH 18,2021
OLD BUSINESS: 3RD READING OF AN ORDINANCE TO AMEND SECTION 3:
EMPLOYMENT,SUBTITLED JURYT ��SEiRMI{ANSEAS
HANDBOOK OF THE CITY
AND FOR OTHER PURPOSES
NEW BUSINESS: R 1 A RESOLUTION APPROVING
THE REVISIONS
WEST MEMPHIS FIRE
AND PROCEDURE MANUAL
DEPARTMENT,AND FOR OTHER PURPOSES
0-1 AN ORDINANCE TO AMEND SECTION 2: WORK CULTURE,
SUBTITLE: NEPOTISM OF THEEAIVIPALOYE�FOROTHER PURPOSES
F THE
CITY OF WEST MEMPHIS,
PERMISSION
REQUEST: PERMISSION TO AL SERVE THEMAYOR
COUNT TO PURCHASE AO
$460,000 FROM THE
BUILDING FROM ARC REALTY
COMMITTEE
REPORTS:
APPOINTMENTS:
PRESENTATIONS: MAYOR MARCO MCCLENDON
I
b.
MINUTES
WEST MEMPHIS CITY COUNCIL
April 1, 2021
A regular meeting of the West Memphis City Council was held on Thursday,
April 1, 2021, at 1:00 p.m. in the City Council Chambers at City Hall, 205 S.
Redding, West Memphis, Arkansas.
Invocation was given by Council Member Helen Harris, followed by the Pledge
of Allegiance led by Council Member Croom, Mayor Marco McClendon called
the meeting to order at 1:00 p.m. Sr. Deputy City Clerk, Patricia Lane, called
the roll. Those present were: Mayor Marco McClendon, City Attorney Michael
Stephenson, City Treasurer Charlie Suiter Jr., and Councilors: Tracy Catt, Wayne
Croom, Helen Harris, James Holt, Melanie Hutchinson, Willis Mondy, David
Murray, and Charles Wheeless. Absent were: City Council Lorraine Mohammed
and City Clerk James Pulliaum Quorum being present Mayor McClendon
proceeded with the meeting.
BID OPENINGS:
WEST MEMPHIS UTILITIES- ROOFING REPAIRS AT THE PLANT
BUILDING- WARD WIMBISH
FAMILY DOLLAR IMPROVEMENT BID- AMANDA HICKS
Councilor Member Catt made the motion, seconded by Councilor Harris to
accept the bids and to refer them back to administration for distribution. Upon
voice vote, voting was unanimous to approve. Discussion followed: Councilor
Croom asked for Mr. Wimbish to provide an explanation of the roof repairs at
the plant. Mr. Wimbish said that they are needing to do some roof repairs at
the warehouse and superintendent's office space because they are leaking and
need to be replaced. They opened bids on Wednesday March 31, 2021 at 3:00
p.m. and the bid was awarded to Delta Roofing a local roofing company. City
Engineer, Ms. Amanda Hicks explained that they put out bids last month and
received 1 bid back for the repairs of Family Dollar Parkway improvements. The
Facility Board has approved them to use up to $85,000 dollars and from the
Overlay Budget that they use to repair the road. The road has been in disrepair
for several year's and has continued to get worse ever since the Carvana
construction. Ms. Hicks said this road is an asset to the city's economic
development. Ms. Hicks said she did two alternative bids. One bid was for
doing the whole road and the other for doing patch work and both bids came in
extremely over budget. They had planned on it being approximately $300,000.
The first alternative bid from Crisp contractors was $365,179. The second
alternative bid was $445,440. They will be using the money from the overlay
budget and they would like enough to repair some local streets also. Ms. Hicks
asked the Contractor to give them an idea of what work could done within the
$300,000 budget. The bid presented to council was the scope of work that
could be done within budget and they are asking council for their approval. Ms.
Hicks got with the City Attorney, Michael Stephenson and they have done a
supplemental agreement for the described work that was itemized. Economic
Director, Phillip Sorrell said there were other repairs that needed to be made
but they decided to do a change order to the bid rather than tap into the
overlay budget any further. The plan is to delay them for another year because
they are not as bad as where the road ties into Family Dollar and Mid America
Boulevard. There being no further discussion: Upon voice vote, voting was
unanimous to approve both bids and refer them back to administration for
distribution.
MINUTES: APPROVE OR CORRECT MINUTES OF MARCH 18, 2021
Councilor Catt made the motion, seconded by Councilor Harris to dispense
with the reading of the minutes of March 18, 2021, City Council meeting and to
approve them as submitted. Upon voice vote, voting was unanimous to
approve.
OLD BUSINESS:
3rd READING-OF AN ORDINANCE TO AMEND SECTION 3: EMPLOYMENT,
SUBTITLE JURY DUTY OF THE EMPLOYEE HANDBOOK OF THE CITY OF
WEST MEMPHIS, ARKANSAS AND FOR OTHER PURPOSES
City Attorney Stephenson read the Ordinance for the THIRD and FINAL time
by title only. Councilor Catt made the motion seconded by Councilor Croom to
approve the ordinance. Upon voice vote, voting was unanimous to approve the
ordinance. The ordinance was adopted and assigned No. 2574.
NEW BUSINESS:
Councilor Catt made the motion, seconded by Councilor Croom to read R-1
and 0-1 by title only. Upon voice vote, voting was unanimous.
1st READING OF A RESOLUTION APPROVING REVISIONS TO THE POLICY
AND PROCEDURE MANUAL FOR THE WEST MEMPHIS FIRE
DEPARTMENT, AND FOR OTHER PURPOSES
City Attorney Stephenson read the resolution by title only. Councilor Croom
made the motion, seconded by Councilor Wheeless to table the resolution
indefinitely. Upon voice vote, voting was unanimous. (Tabled Indefinitely)
Councilor Mohammed came into the Council Meeting at 1:15 p.m. J
1ST READING OF AN ORDINANCE TO AMEND SECTION 2: WORK CULTURE
SUBTILE NEPOTISM OF THE EMPLOYEE HANDBOOK OF THE CITY OF
WEST MEMPHIS, ARKANSAS AND FOR OTHER PURPOSES
City Attorney Stephenson read the Ordinance for the FIRST time by title only.
Councilor Harris made the motion, seconded by Councilor Mondy to suspend
the rules, and place the ordinance on the second reading. Councilor Croom
opposed. Discussion followed: Councilor Catt said he would like to table the
ordinance for 2 weeks or longer to wait for the Human Resource Director,
Janice Coleman to do some research to see what other cities are doing.
Councilor Mohammed made the motion, seconded by Councilor Catt to resend
the previous motion. Upon voice vote, voting was unanimous to resend the
previous motion. Councilor Mohammed made the motion, seconded by
Councilor Murray to table the ordinance indefinitely. Upon voice vote, voting
was unanimous. (Tabled Indefinitely)
PERMISSION
REQUEST:
PERMISSION TO ALLOW THE MAYOR TO BORROW UP TO $460,000 FROM roi
THE RESERVE ACCOUNT TO PURCHASE A BUILDING FROM ARC REALTY
Councilor Mohammed made a motion, seconded by Councilor Murray to
approve the permission request. Councilor Catt made the motion, seconded by
Councilor Holt to amend the amount to $250,000 thousand. Discussion
followed: Councilor Catt said as they discussed in pre council that he would
like them to get all the information needed to make a solid bid and once they
get all the data, they can meet within the hour or two to allow time to notify the
.
press then they can decide and adjust the amount as needed. Mayor
McClendon deferred to the City Attorney. City Attorney Stephenson said that
the amount that they would be willing to accept would be up to the bankruptcy
court. typically, the trustee would have to present something to the bankruptcy
judge to have it approved. The bankruptcy is in another state. Mayor
McClendon said it is his intent to offer $250, 000 if that is what the council
wants him to do, but if he is needing to offer $300,000 does he need to come
back before council. Councilor Catt felt that they could meet within two hours
to make that decision. Councilor Harris said that it was her understanding that
someone else was also interested in the building and was willing to offer
400,000 for it. It is believed that it is the blood bank that is interested in the
property. Councilor Mohammed said that she did not want to see a blood bank
in the center of town and did not feel that there was anything wrong with
having the $406, 000 available should the mayor need to offer more. Councilor
Croom is wanting the wording changed in the permission request from reserve
account to debt repayment account. Councilor Mohammed deferred to City
Treasurer Suiter Jr. for his opinion. City Treasurer Charlie Suiter Jr. said that
it was a good property and would be a great investment, but they also needed
to watch how they spend the money. City Treasurer Suiter Jr. said he would
hate to lose the building. Mayor McClendon said his first offer would be
$250,000 and if he needed to offer more he would consult with the council
before doing so. City Attorney Stephenson said the bankruptcy court would
take the highest offer with no regard to what is going into it. Councilor Harris
said that she did not feel that there was anything wrong with having the money
available should the mayor need to have it. Councilor Catt said based on the
comps that he felt the fair market value was lower than $250,000. Councilor
Catt said he did not want to pay more for the building than it was worth but
agreed it was a desirable piece of property for the city. Mayor McClendon said
the square footage of the building is 17,738 square foot and the list price is
$650,000 at $36.64 per square foot. Mayor McClendon computed 18,000
square foot at $19.00 per square foot comes to $345,000. Councilor Catt said
the data did not support the cost and he did not want to spend more for the
building than it was worth especially since there could be a substantial cost to
repair. Mayor McClendon said another option would be to tear the building
down and build a new police station in its place and not do repairs on the old
building. His goal is to secure the building. There being no further Discussion
Mayor McClendon asked for a roll call vote. Sr. Deputy City Clerk, Patricia Lane
called the roll. The roll call vote was as follows to amend the request to $250,
000.
YES: Catt, Croom, Holt Wheeless
NO: Hutchinson, Mohammed, Mondy, Murray,
ABSTAIN: Harris,
ABSENT: None
With 4 Yes votes, 4 No votes, 1 abstention and 0 absent votes the motion to
amend the permission request FAILED.
Mayor McClendon asked for a roll call vote for the original permission request
of$460,000 thousand. Senior Deputy City Clerk, Patricia Lane call roll. The
vote was as follows:
Yes: Harris, Holt, Hutchinson, Mohammed, Mondy, Murry
NO: Catt, Croom, Wheeless
ABSTENTION: None
ABSENT: None
APPOINTMENTS: NONE
With 6 yes votes, 3 No votes, 0 abstention votes and 0 absent votes the motion
to approve the permission request PASSED.
Councilor Catt said his vote was not a vote against the mayor but out of
precaution in not knowing who could be sitting in the mayor's chair should
anything happen to him.
PERMISSION FROM FINANCE DIRECTOR, TORI PERRY TO DESTROY
FILES FROM 2015.
Councilor Mohammed made the motion, seconded by Councilor Harris to add
the permission request to the agenda. Upon voice vote, voting was unanimous.
Councilor Harris made the motion, seconded by Councilor Murray to approve
the permission request. Upon voice vote, voting was unanimous.
Council Member Harris made the motion, seconded by Council Member Holt
for Councilor Croom to oversee the shredding of the files. Upon voice vote,
voting was unanimous.
PRESENTATIONS: NONE
ANNOUNCEMENTS: Mayor McClendon announced that the administration
is getting ready for the West Memphis clean up. Plans are to partner with
Councilor Mohammed to coordinate the cleanup to see what Keep West
Memphis Beautiful already has in place. Councilor Mohammed said the first
thing they need to do is register with Keep Arkansas Beautiful. Councilor
Mohammed will be meeting with the Mayor, Public Works Director, Michael
Bonner, Councilor Croom who is the chairman for the Public Works Committee
and try and set a date for the city wide clean up. Mayor McClendon said from
April 5-19. The city plans to place dumpsters at the city shop for people to drop
off tires. They will also be placing dumpster in front of West Memphis Christian
School, Roberta Jackson Neighborhood Center, Barton and McAuley, and the
Eugene Woods Civic Center for people to drop off their trash. Mayor McClendon
is asking the citizens of West Memphis to help in the cleanup even if it is just
to pick up litter and debris in their own yards and neighborhoods to get the
city cleaned up. Councilor Croom said the county would also be providing 4
dumpsters at no cost to the city that they will be placing in several areas and
asked the council members in the 5 wards for suggestions on the best places to
place them. Mayor McClendon said that he is currently working on a piece of
legislation to address the tire problem. Councilor Mohammed said she thought
it would be a good idea for everyone to work collectively together. Councilor
Mohammed has organized the Keep West Memphis Beautiful event for several
years and the mayor said he was not trying to reinvent the wheel. Mayor
McClendon said he would love to collaborate with Councilor Mohammed and
Councilor Croom, be it through the Keep West Memphis Beautiful or City-wide
cleanup.
CITIZENS REQUEST: NONE
Having no further business to come before the City Council, Councilor Murray
made the motion, seconded by Council Member Mohammed to adjourn. Upon
voice vote, the voting was unanimous. The meeting adjourned at 2:00 p.m.
PASSED and APPROVED this 15th day April 2021.
MARCO MCCLENDON, MAYOR
ATTEST:
ULL U , CITY CLERK
Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk
1
1
WEST MEMPHIS UTILITY COMMISSION
604 East Cooper
Phone: 870-735-3355
West Memphis, AR 72301
Mike;
Would you please certify that the attached documents are OK for the bid
the Utility Commission just approved with Delta Roofing?
The following documents are attached:
1. Certification of Owner's Attorney.
2. Three copies of the agreement signed and notarized.
3. Their Bid Bond.
4. Three copies of their Payment and Performance Bonds.
5. Copy of their Certificates of Liability Insurance.
6. Copy of their West Memphis Business License.
7. Copy of their State of Arkansas Contractor's License.
If its all OK, please send on to the Mayor's office for his signature.
Thank you.
Ward
shy
AGREEMENT
THIS AGREEMENT, made this Twelfth day ofApril 2021, by
and between the West Memphis Utilities, hereinafter called "OWNER" and
Delta Roofing & Sheet Metal Corp. doing business as a Corporation
hereinafter called the "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the
THE SUPPLY AND INSTALLATION OF A NEW "SINGLE PLY METAL ROOF RETROFIT"
2. The CONTRACTOR will furnish all the materials, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the PROJECT
described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within a time period mutually agreed upon by CONTRATOR and
OWNER but no later than the end of June 2021 and will complete the same within 30
calendar days once work begins. Furthermore, with regard to the removal of the
skylights, the number of skylights removed each day will only be the amount that can
be replaced by the new roofing by the end of the day, no sections of the roof will be
left open overnight.
4. The CONTRACTOR agrees to perform all the WORK described in the CONTRACT
DOCUMENTS and complies with the terms therein for the sum of
$86,400.00 as shown in the BID schedule.
5. The CONTRACTOR will submit one pay application at the completion of the project.
There will be a 10% retainage held for one month after the work has been accepted.
A
The CONTRACTOR is aware that that due to the number of signatures and
approvals needed to pay an invoice, it can take two to three weeks for the UTILITIES
to pay an invoice once it is approved.
6. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for BIDS
(B) Information for BIDDERS
(C) BID
(D) BID BOND
(E) SPECIFICATIONS/SCOPE OF WORK
(F) LUMP SUM BID
(G) PERFORMANCE BOND
(H) PAYMENT BOND
(I) AGREEMENT
(J) CERTIFICATION OF OWNER'S ATTORNEY
(K) NOTICE OF AWARD
(L) NOTICE TO PROCEED
(M) PICTURES
(N) ADDENDA:
No. N/A , dated , 20
No. N/A , dated , 20
7. The OWNER will pay to the CONTRACTOR in the manner and at such set forth in
General Conditions such amounts as required by the CONTRACT DOCUMENTS
8. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
0
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in 3 copies each of which shall be
deemed an original on the date first above written.
OWNER:
West Memphis Utilities
BY ` 4,4.co it-‘,.
Mar�lo McClen , Mayor
(SEAL)
ATTESoJams/ :u ,
Ilm, ity Jerk
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CONTRACTOR: Delta Roofing & Sheet Metal Corp.
ItIlli
BY Edgar L. Killgore, Jr.
Name Printed
/nature
G:;1: i -�
112 S. 1st Street
West Memphis, Ar 72301
Address and Zip Code
(SEAL)
ATTEST:
1 v
r'
Name
CERTIFICATION OF OWNER'S ATTORNEY
I, the undersigned, Michael Stephenson, the duly authorized and acting legal
representative of The City of West Memphis, do hereby certify as follows:
I have examined the attached contract and surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements appears on its
face to have been duly executed by the proper parties thereto acting through their duly
authorized representatives; that from said documents and said representatives appear
to have full power and authority to execute said agreements on behalf of the respective
parties named thereon; and that the foregoing agreements appear to constitute valid
and legally binding obligations upon the parties executing the same in accordance with
terms, conditions and rovisions thereof.
Mich eI St hen h
West�Memphis City Attorney
Date: 4,/_ 2/
1
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AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that Delta Roofing & Sheet Metal Corp.
as Principal, hereinafter called the Principal, and Westfield Insurance Company
a corporation duly organized under the laws of the State of Ohio
as Surety, hereinafter called the Surety, are held and firmly bound unto West Memphis Utility
Commission, 604 E. Cooper, West Memphis, AR 72301
as Obligee, hereinafter called the Obligee, in the sum of Five Percent amount of proposal
Dollars(S5%),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
) WHEREAS,the Principal has submitted a bid for Roofing-Maintenance Warehouse
`' NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
fib
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee 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.
Signed and sealed this 31st day of March 2021
• Delta Roofing & Sheet Metal Corp.
�� (Principal) (Seal)
,-----1 ) {
`(_Witness)
(Title)
Westfield Insurance Company
•
has �,
.- ., ;r(&uretY) (Seal)
- (Witness) - "`
Janice McCoy r� i �� -� ��:----___-...
'\ 1(Title)
IA DOCUMENT A310 a BID BOND o AIA A a FEBRUARY 1970 ED•THE AMERICAN
Keith W. Brown, Attorney-in-fact
A
NSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
General POWER NO. 4112432 09
Power Westfield Insurance Co.
f Attorney Westfield National Insurance Co.
ERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
,1
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OH 0
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to ndividually as a "Company" and collectively as "Companies," du y
organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County,Ohio, do by these
presents make,constitute and appoint
MARK E.HARRIS.JOSEPH MADDEN,Ill,RICHARD L.POWELL,MALCOLM E.STALLINGS,KEITH W. BROWN,JANICE W.
MCCOY,WILLIAM W. JONES,II,JOINTLY OR SEVERALLY
of MEMPHIS and State of TN its true and lawful Attorney(s)-+n-Fact,with flit power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts at
suretyship
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-n-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity 8,Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in•Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and:n the name of and on behalf of the Company,to execute,acknowledge and
deliver,any and al! fronds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
"Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
11 seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8,2000).
In Witness Whereof,WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seas to be hereto
affixed this 16th day of AUGUST A.O.,2011 .
Corporate ,,,,,,,,,, ,,, .......,.,.,.
Seals Q1?S�Adq�, -,•apt�r... 40,, _`�, WESTFIELD INSURANCE COMPANY
Affixed „� .a. + co_. .LQ + 'ci:-••"'•`•.' `* WESTFIELD NATIONAL INSURANCE COMPANY
r *If
__._`%.0 ice: y- i OHIO FARMERS INSURANCE COMPANY
11 r=. +EAAiiiaa }`" SEAL `�' :"' cna
� ' •. loos .:f ? K‘rie.
\*.:-....°2P..........."V ".....-;.... i 0;.: s
.• : S• •• tot ••• s 4::
--.., ..••,,,,,,•,. ..: S
State of Ohio •*••' ""•"~"'"• ByDennis P. Baus, National Surety Leader and
County of Medina ss.: n oSenior Executive
On this 16th day of AUGUST A.D.,2011 ,before me personally came Dennis P.Baus to me known,who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the sea:s aff xed to said instrument are such corporate seas:Mat
they were sc affixed by order of the Boards of Directors of said Companies; and that he signed h•s name thereto by like order.
Notarial „,,,,,,.,,,,,
Sea: .+`.Ft1 A L "`�, ��•
Affixed �111//v+ta9
• William J. Kahelin,A •rney at Law. Notary Public
State of Ohio :0 O
County of Medina ss.: My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
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s o f ,
I,Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NAT.-ONAL•NSURANCE COMPANY arid OHO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still in full force and effect;and furthermore,the reso'utions of the Boards of Directors,set out In the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 31 st day of
March .....,D. 2021 •• •, ,,............... •......^..,..,w,
`VO`�s.f �C -O ASt..IvAt rA.SGp9-- t.. .... 74 �,
ti `�`.7L�L :�, SEAL .rn; w:3'a I i9
Secrra
ary
\1r'••.,•' ,f Ir ;;••• ::),,::• f::..i..8..1.4...g... !' Frank A.Carrino, Secretary
BPOAC2(combined) (06.02)
a Bond No.091159M
';1-"ksAIA Document A312TM — 2010
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place
Delta Roofing&Sheet Metal Corp. of business)
112 S. 1st Street Westfield Insurance Company This document has important legal
West Memphis,AR 72301 PO Box 5001 consequences.Consultation with
OWNER: Westfield Center,OH 44251 an attorney is encouraged with
respect to its completion or
(Name,legal status and address) modification.
West Memphis Utility Commission
604 East Cooper Any singular reference to
p Contractor.Surety,Owner or
West Memphis,AR 72301 other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT
Date: AIA Document A312-2010
combines two separate bonds,a
Amount: $86,400.00 Performance Bond and a
Payment Bond,into one form.
Description: Supply and Installation of a New"Single Ply Metal Roof Retrofit" This s not a single combined
Performance and Payment Bond.
(Name and location) for the Utility's Plant Building
rf
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $86,400.00
Modifications to this Bond: CI None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corpor eal)
Delta Roofing eet Metal Corp. Westfield Insur nce Company
Signature: __ Signature:
Name l., it.t ,a Name ith W.Brown
and Title. ppn<I and Title: ttorney-in-Fact
(Any additiuna,signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Harris Madden Powell (Architect,Engineer or other party:)
Stallings&Brown,Inc.
PO Box 381708
Memphis,TN 38183-1708
r
hit AA Document A312",-2010.The American Institute of Architects. :6I"0
I
§1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable 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;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 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 determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner 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 Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312^'—2010.The American Institute of Architects.
2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
(to be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors, administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
110 §13 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 conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 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 Contractor 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,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Unit AlA Document A312"'—2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
-------- ---Name and and Title: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that
changes will not be obscured.
Init. AIA Document A3121.'—2010.The American Institute of Architects.
4
Bond No.091159M
tA":A I A Document A312TM 2010
Payment Bond
CONTRACTOR: SURETY:
[Name legal status and address (Name,legal status and principal place
Delta Rooting&Sheet Metal Corp. of business)
112 S.1st Street Westfield Insurance Company This document has important legal
West Memphis,AR 72301 PO Box 5001 consequences.Consultation with
OWNER: Westfield Center,OH 44251 an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
West Memphis Utility Commission
604 East Cooper Any singular reference to
Contractor,Surety,Owner or
West Memphis,AR 72301 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: AIA Document A312-2010
combines two separate bonds,a
Amount: $86,400.00 Performance Bond and a
Payment Bond,into one form.
This is not a single combined
Description: Supply and Installation of a New"Single Ply Metal Roof Retrofit" Performance and Payment Bond.
(Name and location) for the Utility's Plant Building
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $86,400.00
Modifications to this Bond: ❑None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate I)
Delta Roofing& eet Metal Corp. Westfield Insurance Company
Signature: ( et___ in-. Signature:
Name e l LLE.,, r¢a Name Keit W.Brown
and Title: r' D and Title: Attorney-in-Fact
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY- Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Harris Madden Powell (Architect,Engineer or other party:)
Stallings&Brown,Inc.
PO Box 381708
Memphis,TN 38183-1708
1110' Init. AIA Document A312TM—2010.The American Institute of Architects.
5
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
111110 §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attomey's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attomey's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
Init. MA Document A312"'—2010.The American Institute of Architects.
6
4110 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 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 conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
F
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
f
Init. AIA Document A312T"—2010.The American Institute of Architects.
7
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
\i„
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
( CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that
changes will not be obscured.
klhoInit AIA Document A3127'—2010.The American Institute of Architects.
8
General POWER NO. 4112432 09
Power Westfield Insurance Co.
tof Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OH 0
FARMERS INSURANCE COMPANY, corporatons, hereinafter referred to .ndividually as a 'Company' and collectively as 'Companies," du y
organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County,Ohio,do by these
presents make,constitute and appoint
MARK E.HARRIS,JOSEPH MADDEN,Ill,RICHARD L.POWELL,MALCOLM E.STALLINGS, KEITH W.BROWN,JANICE W.
MCCOY,WILLIAM W.JONES,II,JOINTLY OR SEVERALLY
of MEMPHIS and State of TN its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,seated w th the corporate
seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-n-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved,that the President,any Senior Executve,any Secretary or any Fidelity&Surety Operations Executive or other Executve shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and n the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and seated and attested by the Corporate Secretary.'
"Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company w'.th respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8,2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be s gned by their National Surety Leader and Senior Executive and their corporate sea s to be hereto
affixed this 16th day of AUGUST A.D.,2011 .
, �,...wow., Iwa...
Corporate �•"' .,
seals �/''�p!l�atp0t `''p<�n:�A� till'., WESTFIELD INSURANCE COMPANY
(o r .....C \ •'�'. �:SG. ,+ . �.,�'+', WESTFIELD NATIONAL INSURANCE COMPANY
Affixed,,. .a' Apo .z0: \-15% ; y OHIO FARMERS INSURANCE COMPANY
'>R s L ws�.:tORTERE�?
i 5 ;i SEAL :r1_ 14%1
�.•''•.,•s. J$) -*'. r�i: ':• 1648:!f /� • /�
1 'MwwMI"yI ii
State of Ohio """""'""•, By Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 16th day of AUGUST A.D.,2011 before me personally came Dennis P.Baus to me known,who, being by me duty sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seas aff xed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial ..,..w..........
ii) .e,Seal ,,ck%AL .
Affixed kt'...Nill%%j-. 4%
(Cr)• m J. Kahelin,A rney at Law, Notary Public
State of Ohio }�A o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
County of Medina ss.: ; . r o Ali 't'r
•,,• f of
11
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NA'ONAL NSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still in full force and effect;and furthermore,the reso'utions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
i „,......,..,„.,_
`�%VL4 .".<<)NAZ'�',,, �"""' N,
"# ,,77 �: SEAL •' '' ( °)
; "(rn , /9
o: , :•!; Frank A.Carrino, Secretary
BPOAC2(combined)(06-02)
4
The OWNER within fifteen (15) days of receipt of acceptable performance
BOND, payment BOND, and Agreement signed by the party to whom the Agreement
was awarded shall sign the Agreement and return to such party an executed duplicate
of the Agreement. Should the OWNER not execute the Agreement within such period,
the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice
of withdrawal shall be effective upon receipt of the notice by the OWNER.
The NOTICE TO PROCEED shall be issued within fifteen (15) days of the
execution of the Agreement by the OWNER. Should there be reasons why the NOTICE
TO PROCEED cannot be issued within such period, the time may be extended by
mutual agreement between the OWNER AND CONTRACTOR. If the NOTICE TO
PROCEED has not been issued within the fifteen (15) day period or within the period
mutually agreed upon, the CONTRACTOR may terminate the Agreement without further
liability on the part of either party.
The BIDDER must present satisfactory evidence that he has been regularly
engaged in the type of work BID upon, giving the length of time so engaged, and that he
is fully prepared with the necessary capital, material, machinery, and expert workmen to
perform the contract.
The attention of prospective BIDDERS is directed to Act 150 of the 1965 Acts of
Arkansas, being an "Act Regulating the Practice of Contracting in the State of
Arkansas". When the project presented for BID is financed in whole with State funds
and is estimated to cost $20,000.00 or more, the prospective BIDDER must show
evidence of license with the "Contractor's Licensing Board" for the State of Arkansas
before a proposal form will be furnished.
The successful BIDDER must carry General Public Liability insurance in the
amount of not less than $2,000,000 for injuries including accidental death, to any one
person, and subject to the same limit for each person in an amount not less than
$2,000,000 on account of one accident.
Property damage insurance shall be furnished in the amount of not less than
$1,000,000 for each accident or liability and shall hold the Owner free of liability as
herein specified.
The Contractor must carry during the life of this Contract, Automobile Public
Liability Insurance in amounts of not less than $1,000,000 and Property Damage
Liability Insurance in the amount of not less than $1,000,000 on any motor vehicles
engaged in operations with the terms of this Contract.
The Contractor must furnish to the Owner satisfactory proof of coverage of the
insurance requirements, by a reliable company or companies, before commencing any
work. Such proof shall consist of certificates executed by the respective insurance