ST0502B-CS150305 elk
PROLOGIS
March 5, 2015 (�
Michael Garza ( —v j -L
City of Coppell
265 Parkway Blvd.
Coppell, TX 75019
VIA FedEx: 7730 5557 7120
TRANSMITTAL
Enclosed please find the following:
• 1 original P&P bond
Sincerely,
Kyle Low
Vice President, Regional Development Manager
Enclosures
1296 North Post Oak Road, Houston,Texas 77055-7221 United States Main+1 713 682 2292 Fax+1 713 682 2295
•
PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT
TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 54-200080
Premium: $5,961.00
tellUNITED FIRE &t CASUALTY COMPANY
Executed in 3 originals
118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700
Performance Bond
CONTRACTOR: (Name, legal status and address) SURETY:(Name, legal status and principal
Earth Basics Contracting Corporation place of business)
4012 Gateway Drive, Ste. 140, UNITED FIRE a CASUALTY COMPANY
Colleyville, TX 76034 118 SECOND AVE SE
CEDAR RAPIDS, IA 52407
OWNER: (Name, legal status and address) This document has important legal
Prologis, L.P. consequences. Consultation with
1296 North Post Oak Road an attorney is encouraged with
respect to its completion or
Houston, TX 77055 modification.
Any singular reference to
CONSTRUCTION CONTRACT Contractor, Surety, Owner or
Date:02/19/2015 other party shall be considered
Amount:Three Hundred Thirty Thousand Seven Hundred Fifty-one & 00/100 Dollars plural where applicable.
$330,751.00
AIA Document A312-2010
Description: (Name and location)
Prologis Park 121 Coppell, TX DAL05491 combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
BOND Performance and Payment Bond.
Date:02/20/2015
(Not earlier than Construction Contract Date)
Amount:Three Hundred Thirty Thousand Seven Hundred Fifty-one&00/100 Dollars
$330,751.00
Modifications to this Bond: X None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: UNITED FIRE Et CASUALTY COMPANY(Corporate Seal)
Earth Basics Contracting Corporation
Signature: G�i� / L/�i v Signatu .
Name and Ti l :' Na and Title:Shawn Blume
IAttorney-in-Fact
(Any additiona signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY-Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:)
Pinnacle Surety & Insurance Services Halff Associates
151 Kalmus Drive, Suite A-201 1201 North Bowser Road
Costa Mesa, CA 92626 Richardson, TX 75081
714-546-5100
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
1
§ 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 a for 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.
S 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.
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
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 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.
§ 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.
S 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.
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
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 Title: Name and Title:
Address Address
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Orange )
On Q.110 15 before me, Barbara Copeland ,Notary Public,
personally appeared Shawn Blume
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures) on the instrument the person(-s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the
.r„,,„2,.., BARBARA COPELAND laws of the State of California that the foregoing
> . Commission #2016348 Z paragraph is true and correct.
z(:�m 1 Notary Public-California D
Orange County WITNESS my i. id and official seal.
1, o _ _ _ My Comm.Expires Apr 19_2017
i / / r
Signature: 1 ' 11 i."
Signature ofitary Public
Place Notary Seal Above
----- -- ----- --------- OPTIONAL ----------------------_—_---
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s)
Signer's Name: Shawn Blume Signer's Name:
❑ Individual ❑ Individual
O Corporate Officer–Title(s): ❑ Corporate Officer–Title(s):
❑ Partner: ❑Limited ❑General ❑ Partner: ❑Limited 0 General
® Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Rev. 1-15
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&INDEMNITY 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 make,constitute and appoint
JENNIFER GRENROOD OF MERIDIAN, ID; OR ERIC LOWEY, OR MARK RICHARDSON, OR STEPHANIE HOANG, OR SHAWN
BLUME, ALL INDIVIDUALLY of COSTA MESA CA
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 $50,000,000.00
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 is continuous and shall remain in full force and effect until 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.
5,cA'24.4.,, ,..1' !D"'�!. \,,,II+II ,,,l,,,, IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
�``� ce, \`4s ''tc , QG�F\Pp'"RRg2�-, vice president and its corporate seal to be hereto affixed this 7th day of August, 2014
Z▪ CORP:RATE y%�IQ CORPORATE ro./-,74°?‘
:'=GO 4rFQ`,
__ oLY.2 o= UNITED FIRE&CASUALTY COMPANY
▪ SEAL SEAL Y: 1986 UNITED FIRE&INDEMNITY COMPANY
''';'6.99.0e 9 a `<. FINANCIAL PACIFIC INSURANCE COMPANY
!/4,,t1t Os .�• '"4 .�o. C'FOP
!!I!l,I IIINII�\ ''/�!//57'011f•s" 111` `
''",IIrl11t11111111
By:
_til....•. .
State of Iowa,County of Linn,ss: V Vice President
On 7th day of August, 2014, before me personally came Dennis J. Richmann
to me known,who being by me duly sworn,did depose and 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.
•e a Judith A.Davis d
Iowa Notarial Seal � :P A Notary Public
:' Commission number 173041
uw� My commission e pines:4/23/2015
My Commission Expires 4/23/2015
I,David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of UNITED 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 testimo y whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this CY11(1 day of hnCOA_ ,20 l S .
0,&Ic.+s•lctq0gi�� \\`g1NDP' 71T��' Io111F�(;INS(//
`4 �p4 po;� OC PF
(c )CORPO 'W CORPORATE q= ��'G 1‘0DULY 22 O- B:? ;7:7 =a• 1966 �y X •.0
awlnl \• . !„mlml.• ",ll,, lllool° Secretary,UF&C
Assistant Secretary,OF&I/FPIC
BP0A0049 0913
Bond No. 54-200080
UNITED FIRE Et CASUALTY COMPANY Premium listedin 3 on performance bond
Executed originals
118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700
Payment Bond
CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status, and principal
Earth Basics Contracting Corporation place of business)
4012 Gateway Drive, Ste. 140, UNITED FIRE&CASUALTY COMPANY
Colleyville, TX 76034 118 SECOND AVE SE
CEDAR RAPIDS, IA 52407
OWNER: (Name, legal status and address) This document has important legal
Prologis, L.P. consequences. Consultation with
1296 North Post Oak Road an attorney is encouraged with
Houston, TX 77055 respect to its completion or
modification.
CONSTRUCTION CONTRACT Any singular reference to
Date: 02/19/2015 Contractor, Surety, Owner or
Amount:Three Hundred Thirty Thousand Seven Hundred Fifty-one&00/100 Dollars other party shall be considered
$330,751.00 plural where applicable.
AIA Document A312-2010
Description: (Name and location) combines two separate bonds, a
Prologis Park 121 Coppell, TX DAL05491 Performance Bond and a
Payment Bond, into one form.
This is not a single combined
BOND Performance and Payment Bond.
Date: 02/20/2015
(Not earlier than Construction Contract Date)
Amount:Three Hundred Thirty Thousand Seven Hundred Fifty-one& 00/100 Dollars
$330,751.00
Modifications to this Bond X None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: UNITED FIRE Et CASUALTY COMPANY (Corporate Seal)
Earth Basics Contracting Corporation
Signature: Signatur • "v
Name and Title: Na nd Title: Shawn BlumAttorneye.
(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: (Architect, Engineer or other party:)
Pinnacle Surety& Insurance Services Half Associates
151 Kalmus Drive, Suite A-201 1201 North Bowser Road
Costa Mesa, CA 92626 Richardson, TX 75081
714-546-5100
C0NT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
5
•
S 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.
5 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:
S 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).
5 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.
S 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:
S 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
5 7.2 Pay or arrange for payment of any undisputed amounts.
S 7.3 The Surety's failure to discharge it 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 shalt indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to
recover any sums found to be due and owing to the Claimant.
5 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney'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.
5 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.
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
6
§ 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.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at 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.
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
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.
S 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:
(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
CONT0526(072010)
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
8
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Orange )
On 2120\15 before me, Barbara Copeland ,Notary Public,
personally appeared Shawn Blume
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
BARBARA COPELAND I certify under PENALTY OF PERJURY under the
Commission#2016348 laws of the State of California that the foregoing
3,
,_
-11 Notary Public-California z paragraph is true and correct.
ara ra g p
"r Orange County
My Comm.Ex fres Apr 19202 WITNESS my d and official seal.
Signature:
Signature of leery Public
Place Notary Seal Above
------- — -- OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could present fraudulent and reattachment of this form to another document.
Description of Attached Document
Type or Title of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s)
Signer's Name: Shawn Blume Signer's Name:
❑ Individual 0 Individual
❑ Corporate Officer–Title(s): El Corporate Officer–Title(s):
❑ Partner: ❑Limited El General 0 Partner: ❑Limited 0 General
® Attorney in Fact 0 Attorney in Fact
El Trustee El Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Rev. 1-15
tei 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&INDEMNITY COMPANY,a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFICpp INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
(herein JENNIFER collectively
GRENROOD the
OFCMERIDIAN, having; OT ERIC LOWEY, OR MARKeir corporate headquarters n Cedar ICHARDpSON,State ORof STEPHANIEdoes mHOA,NG, ORte SHAWN
BLUME,
BLUME, ALL INDIVIDUALLY of COSTA MESRRA CA
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 $50,000,000.00
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 is continuous and shall remain in full force and effect until 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.
°g°AS"r'"-"� ,,,, „11'1///a IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
`?4� rrco° �`k3&W ma'rt's O G\F C P�UR9ti°" vice president and its corporate seal to be hereto affixed this 7th day of August, 2014
i 4 tb: o opt Q/6). Aql �
w
CORPORATE a o UNITED FIRE&CASUALTY COMPANY
> CORPORATE ;^- v�2 n
SEAL �� a Qi Ise6 :a UNITED FIRE&INDEMNITY COMPANY
S. SEAL 5 :nq • FINANCIAL PACIFIC INSURANCE COMPANY
''''R$1111D\„°\\ ;'''O� sTot.t �� q� '.C/FOP.. ° . ///L//��(I� y///•)
//11111111\\\ %/ll11111111111t11" v �/t"v�`���1
By:
State of Iowa,County of Linn,ss: V Vice President
On 7th day of August, 2014, before me personally came Dennis J. Richmann
to me known,who being by me duly sworn,did depose and 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.
+e Judith A.Davis
o Iowa Notarial Seal , �,:�" Notary Public
Commission number 173041
Om. $: My Commission Expires 4/23/2015 My Commission expires:4/23/2015
I,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 seal of the said Corporations
'
this 333day of reiti1Alot ,20Ij .
Foql pk foa ���QP.'G6PPO!{q'r`0-
CORPORATE k= `N CORPORATE L c. U 22�� O
• (E • ' LV By:
SEAL K\ '� SEAL '" 4a`. '986 sae
�, .• 'moi 9
do�. %r�, -°'. %'�'4L!foP`'' Secretary,UF&C
RAPID",,, /" 37011\ `\ '%',l/tr \``\
lllllllillltlll`
Assistant Secretary,OF&I/FPIC
BP0A0049 0913