Improvement Contracts/Bonds_Controlled Asbestos, Inc._East Blum Site Clean Up Copyrighted
March 5, 2018
City of Dubuque Consent Items # 12.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Controlled Asbestos, Inc., for East Blum Site Asbestos
Abatement and Lead Clean Up Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
ContacVBond for Controlled Asbestos, Inc. Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEIVIENT CONTRACT '
SECTION 00500 �
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East Blum Site-Asbestos Abatement and Lead Clean Up Project
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 12 day of December , 20 17 between the City of Dubuque, lowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Controlled Asbestos Inc. (Contractor). ;
For and in consideration of the mutual covenants herein contained, the parties hereto
agree as follows: . ;
�QI�1'R�4C1'�R �4CF�E��� . _ _ _ __ !
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1. To furnish all material and equipment and to perForm all labor necessary for the �'�
East Blum Site-Asbestos Abatement and Lead Clean Up Project ;�
2. CONTRACT DOCUMENTS r
A. The Contract Documents consist of the following: i,
1. Project Title Page`(Section 00100). - i
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2. Project Directory Page (Section 00101). �
3. This Public Improvement Contract (Section 00500). �
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4. �e�fo�mance, Payrne�t, and niiairitenance Bond (Section D0600). �
5. Out-of-State Contractor Bond (Section 00610).
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6: Other Bonds None
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' 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition.
8. GITY OF DUBUQUE Supplemental Specifications 2015 Edition. �
9. Other Standard and Supplementary Specifications as listed on the Title Page of the �
Contract Document ManuaL �
10.Sp�cial Provision� included in the project Contract Document ManuaL
11.Drawings —Sheet No. 1 through No. 1 (01 pagesj or drawings consisting of
sheets bearing the following general title:
Blurn Properties Site Plan
12.Addenda (none).
13.Insurance Provisions and Requirements (Section 00700):
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Gonstruction Schedule and Agreed Cost of Delay (Section 00800).
17.Other Project Information and Permits (Section 10030).
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SECTION 00500
Page 2 of 6
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18.Exhibits to this Contract (enumerated as follows): �
a. Contractor's Bid (pages 1 to 4 inclusive).
b. Bidder Status Form (Section 00460)
c. The following documentation that must be submitted by Contractor prior to
Notice of Award. �
i. Contractor Background Information Forrn (Section 00471) ;
ii. Contractor Safety Program Information (Section 00471) �
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19.The following which may be delivered or issued on or after the Effective Date of the �
Agreement
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a. Notice to Proceed (Section 00850). �
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b. Project Certification Page (Section 00102). '
c. Change Orders (Not attached to this agreement). �
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There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Cantractor must remove any materials rejected by the City as defective or improper, or I
any of said work condemned as unsuitable or defective, and the same must be replaced or '�
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any
claim by any party that may be filed for labor and materials done and furnished in
connection with the performance of this Contract and for a longer period if such claims are
not adjusted within that thirty (30) day period, as provided in lowa Code Chapter 573 or
lowa Code Chapter 26. The City will also retain additional sums to protect itself against any �
claim that has been filed against it for damages to persons or property arising through the �
prosecution of the work and such sums will be held by the City until such claims have been �
settled, adjudicated or otherwise disposed of. �
6. The Contractor has read and understands the Contract Documents herein referred to and �
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix
any other defect in any part of the Project, even if the Project has been accepted and fully
paid for by the City. The Contractor's maintenance bond will be security for a period of two
years after the issuance of the Certificate of Substantial Completion. �
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
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SECTION 00500
Page 3 of 6
and ,against all claims, damages, losses and expenses claimed .by third parties, but not
including any claims, damages,losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this �
Contract, provided that such claim, damages, loss or expense is attributable to bodily '
injury, sickness, disease or death, or injury to or destruction of property, including loss of
use resulting there from, but only to the extent caused in whole or in part by negligent acts
or omissions of Contractor, or anyone directly or indirectly employed by Contractor or
anyone for whose acts Contractor may be liable,,regardless of whether or not such claim, �
damage, loss or expense is caused in part by a party indemnified hereunder. �
10. The Contractor hereby represents and guarantees that it has not, nor has any other person �
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any �
other Bidder, or wifh any public officer, whereby if has paid or is to pay any other Bidder or 'i
public officer any sum of money or anything of value whatever in order to obtain this ;{
Contract; and it has not, nor has another person for or in its behalf directly or indirectly, �
entered into any Contractor arrangement with any :other, person, firm, corporation or a
association which tends to or does lessen or destroy free competition in the award of this
Contract and agrees that in case it hereafter be established that such representations or
guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%)
of the Contract price but in no event less than $2,000:00 (Two Thousand Dollars) to the �
C ity. . E
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, YI
be oblig�ted to the exten# provided #or by lowa Code 573.6 r�lating to this Contract, on✓hich ;i
provisions apply to said Bond. ;
12. The Contractor agrees, and its Bond is surety therefore, that ,after the Certificate of �
Substantial Completion has been issued by the City, it will keep and maintain the Project in '�
good repair#or a period of two (2) years. '
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13. The 'Project must be constructed in strict accordance with the requirements of the iaws of
the State of lowa, and the United States, and ordinances of the City of Dubuque, and in �
accordance with the Contract Documents. Q
A. All�applicable standards, orders, or regulations issued pursuant to the Clean Air Act of �
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Poliution Act (33 U. S. C. �
1368: et. seq.) as amended, Executive Order 11738,-and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safiety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
C. Equipment or products authorized to ;be purchased with federal funding awarded for �
this Contract must be American-made to the maximum extent feasible, in accordance
with Public Law 103-121, Sections 606(a) and (b).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. �
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
` of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in ,
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SECTICSN 00500
Page 4 of 6
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered in4o pursuant to this advertisement, minority business enterprises will be �
afforded fu91 opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origan, sex, age, or �
disability in consideration for an award. �
14. Contractor shall submit certified payrolls to owner on a weekly basis or as required by the ,
Davis Bacon Act.
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CONSENT DECREE �
__ - ----_ _ - -- _--- �:
-- _ _
_ _._______R�i�A�I�G-�� TFiE ���J�� __ __ __
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15.� THIS CONTRACTOR IS PERFORIViING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CEfVTER OR THE SANlTARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
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CITY CONTRACTOR �
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� �HI� �bNTRA�TC�� Is No� �ERFC�R�iiNG W�r�K Fc�r�i HE �I i Y OF i�UBUQUt {
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS �
SECTION ARE NOT APPLICABLE. i
The City has entered into a Consent Decree in the case of The United States of America, and the
State of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civi! �
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the
Northern District of lowa. The provisions of the Consent Decree apply to and are binding upon the City �
and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms
and corporations under contract with the City to perForm the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained �
to perform work required by the Consent Decree. '
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www:citvofdubuque.org/DocumentCenter/HomeNiew/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon -
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies
of all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come
into its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the �
City must provide copies of any documents, reports, analytical data, or other information required to '
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SECTION 00500
Page 5 of 6
be maintained under the Consent Decree. At the conclusion of the information-retention period, the
City must notify the United States and the State at least ninety (90) Days prior to the destruction of any ,
documents, records, or other information subject to such requirements and, upon request by the
United States or the State, the City must deliver any such documents, records, or other information to
the EPA or IDNR.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, ��
certifies to the City of Dubuque as follows ,1
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_ _ ___ _- _ __ _—- ---- -— __ _- _ __ _ _ - -__ _ _ — — - --_ _ __ ;
1. I have received a copy of the Consenfi Decree in the case of The United States of i�
America, and the State of Iowa v. The City of Dubuque, lowa; Civil Action Number �
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- �
5-1-1-09339, United States District Court for the Northern District of lowa. {
2. All work performed will be in conformity with the provisions of the Consent Decree: ,
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3. All documents reports, data, records, or other information (including documents, �
records, or other information in electronic form) that relate in any manner to the (i
performance of obligations under the Consent Decree, including any underlying ;,
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City; its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
N/A ..
Contractor �
By: N/A _
Signature
�r°vl� Fa�`�' .
Printed Name
Pro��e�- /1���1��P/�' _
Title
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Date .
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S��TION 00500
Page 6 of 6
THE CITY AGREES:
d he acce tance of the Pro'ect b the Cit Council �
16. Upon the completion of the Contract, an t p � y y ,
and subject to the requirements of law, the City agrees to pay the Con#ractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work comp.leted at the price(s) stated in the Contractor's Bid Proposal and less I
any Agreed Cost of Delay provided for in the Contract Documents.
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CONTRACT AIVIOUNT$ 31.990.00 �
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CITY OF Dl1BUQUE, BOWA: i
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City Manager's Office �
Departme t ��
B� F '_�-��T.,__ i
Sig�iature ��
Michael C. Van_ Milligen �l{
Printed Name i
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City Manager's Office �
Title „� :� . ��
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Date `
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CONTRACTOR: �
�on�-ra�l� /�s�l�s ���. �
Co ractor . �
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Signature ;
�S .�in �5�-er
Printed Name
��o��L� ���
Title
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___= END OF SECTION 00500 ==__
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SECTION 00600 '
Page 1 of 4
PERFORMANCE, PAYMENT AND NlAINTEIVANCE BOND
SECT{ON 00600
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Bond Number SY92096 �
KNOW ALL BY THESE PRESENTS: �
That We, Fligg Corporation dba Controlled Asbestos, Inc. , as Principal _
(hereinafter the "Contractor" or "PrincipaP') a1�d IMT Insurance Company �
, as Surety are held and firmly bound unto the �
City of Dubuque, lowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who
may be injured by any brea�h of any of the conditions of this Bond in the penal sum of thirtv-one �
thousand, nine hundred and ninetv dollars ( 31 990.00), lawful money of the United States, for the �
a rnent__�f__whi�h___��am,-w�ll-�n-d--tr�al- _tQ- ��---madP,-�r�--�ind �ur-s�l���s,-our--h�ir�, -le�al r
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representatives and assigns, jointly or severally, firmly by these presents. Ei
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The conditions of the above obligations are such that whereas said Contractor entered into a {;
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contract with the Owner, bearing date the 12th day of December , 2017, �'
(hereinafter the "Contract")wherein said Contractor undertakes and agrees to construct the f�
following project in accordance with the Contract Documents, and to faithfully perform all the terms �
and requirements of said Contract within the time therein specified, in a good and workmanlike I;
manner, and in accordance with the Contract Documents. The Contract Documents for East Blum '
Site-Asbestos Abatement and Lead Clean Up Project detail the following described improvements: I
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Removing all asbestos and lead dust from the property as identified in the reports listed in I
Section 00775. j
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It is expressly understood and agreed by the Contractor and Surety in this Bond that the following �
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: �'
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1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and �
abide by each and every covenant, condition, and part of said Contract and Contract !
Docur�ents, by reference rr�ade a part hereof, for the project, and shall ir�demnify and save
harmless the Owner from all autlay and expense incurred by the Owner by reason of the
Contractor's default of failure to perForm as required. The Contractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the perFormance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the perFormance of the Contract on account of which this Bond is
given, including but not limited to claims for all amaunts due for labar, materials, lubricants,
f,,, oil, gasolin�, repairs on machinery, equipment, and tools, consumed or used by the .
Contractor or any subcontracfior, wherein the same are not satisfied out of the portion of the �
contract price the Owner is required to retain until completion of the improvement, but the �
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the �
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� SECTION 00600
Page 2 of 4
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the lowa Code, which by this
reference is made a part hereof as though fully set out herein. ,!
3. MAINTENANCE: The Contractor and the Suret on this Bond hereb a ree at their own �
Y Y 9 �
expense: �
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A. To remedy any and all defects that may develop in or result from work to be j
perFormed under the Contract Documents within the period of two (2) year(s) from the �
date of acceptance of the work under the Contract, by reason of defects in �
workmanship, equipment installed, or materials used in construction of said work; �
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B. To keep all work in continuous good repair; and �j
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C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any jl
defects are remedied, and to repay the Owner all outlay and expense incurred as a a
result of Contractor's and Surety's failure to remedy any defect as required by this ii
section. '�
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted. '
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4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any confiract to the �
contrary notwithstanding, to the following provisions: �
A. To consent without notice to any extension of time authorized in approved change ;I
orders to the Contractor in which to perform the Contract; �
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B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price '
and the penal sum of this Bond, provided that all such changes do not, in the �
aggregate, involve an increase of more than twenty percent (20%) of the total contract '
price, and that this Bond shall then be released as to such excess increase; '
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a periad of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor. ,
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SECTION 00600 �
Page 3 of 4
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the ,
contrary notwithstanding, to the following provisions: ��
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D. That no provision of this Bond or of any other contract shall be valid that limits to less d
than five (5) years after the acceptance of the work under the Contract the right to sue �
on this Band. '�
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E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, bu# shall include the actual and reasonable costs and expenses incurred by the '
Owner including interest, benefits, and overhead where applicable. Accordingly, "all �
outlay and expense" would include but not be lirnited to all contract or employee l
expense, all equipment usage or rental, materials, testing, outside experts, attorney's �
_--- —____ --�s in�ladin overl�e�d ex _ -'_ _'
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-( g p�n�s of th�wn�r s staff attorne�, and al costs and-- J
expenses of litigation as they are incurred by the Owner. It is intended the Contractor ;i
and Surety will defend and indemnify the Owner on all claims made against the �
Owner on account of Contractor's failure to perform as required in the Contract and ji
Contract Documents, that all agreements and promises set forth in the Contract and ��
Contract Documents, in approved change orders, and in this Bond will be fulfilled, and ;
that the Owner will be fully indemnified so that it will be put into fihe position it would {;
have been in had the Contract been perFormed in the first instance as required. �'
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In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to j
which thP Gontractor or ��!rety �h�ald have �rovided the defen�P, �r in ths enforcpment of the
promises given by the Contractor in the Contract, Contract Documents, or approved change p-
orders, or in the enforcernent of the promises given by the Contractor and Surety in this �ond, the ,
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five �
percent (125%) of the penal sum of this Bond. �i
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In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that �
the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner �
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner ;
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
join�d in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable �
provisions of the lawa Code; third, if not defined in the lowa Code, it shall be interpreted or �
construed according to its generally accepted meaning in the construction industry; and fourth, if it �
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SECTION 00600 �
F'age 4 of 4
h�s no general9y accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
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Fao9ure to specify or particularize shail not exclude terms or provisions not rr�entioned and shall not �
limot IiabiEity hereunder. The Contract and Contract Documents are hereby made a part of this
Bond. �
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Project No. 720-2609 4X0001 �
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Witness our hands, in triplicate, this day of , 2017. '
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SURETY COUNTERSIGNED BY: �
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�ORM APPROV � �Y: — ---
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Signature f n �`�"`�----��-
Representativ or Owner
Nancy D. Baltutat i
Printed Name ofAgent SURETY:
4200 University Avenue#200 �
Company Address IMT Insurance Company �
Surety Company
West Des fVloines IA 50266 �i
City,State,Zip Code By !I
Signature ney-in-Fact Officer !I
515-244-0166 �
Cornpany Telz�h�r�Nu����er Nancy D. Baltutat �
Printed Name of Attorney-in-Fact Officer �
PRINCIPAL: LMC Insurance& Risk Mana�ement
Company Name �
Fli Cor ora ' n dba ntrolled Asbestos Inc. ,
Contractor 4200 University Avenue#200
Company Address i
By:
Signature West Des Moines IA 50266
�/ �� S ff'� �t.7.�_ City,State,Zip Code
I�"'S J 4
Printed Name 515-244-0166 �
� ���.���(�� ��� Company Telephone Number
Title �
NOTE:
1. All signatures oo� this perforrnance, payrnent, and maintenance Bond rnust be original
sognatures in ink; copies, facsirnile, or eBectronic signatures will not be accep�ed.
2. This Bond must be sea9ed with the Surety's raised, embossing seal.
3. �'he name and sognature o�the Surety's Attorney-in-Fact/(7fficer entered on this �ond
must be exactly as listed on the Cer�ifiicate or Power of Attorney accompanying thos
Bond.
�__= END OF SECTION 00600 ====
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O�J?�r���rJ�rJ�r�..PtP�P�P�PrJ�r_P�P�Pr�rJ�rJ�r�r_f�rScPc{7rJ�r�r�rJ7r�r.J�r�cPrJ�r.�iPr.l�r�rPrJ��PrSJrJ�r�J�rJ��PrJ��cl�rJ�r�rPrJ�rJ��.Pr�rPrnr�rJ��PrJ�rncf�rJ�r�r�cPr.fu�rJ�rJ�rJ�r�r�rJ�rJ�rSrJ�r�rJ�r�rPcPrJ� d
5 5
5 5
5 IMT 5
5 INSURANCE 5
5 5 � �.
5 POWEIg OF ATTORIVEY No. 9 2 0 9 6 5
5 l�totice: The warn�ng foa�nd elsewhere in this Power of Attorney affects the va�idity thereof.Please review carefully. 5
5 5 Know All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having 5 �
its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents rj
5 5 make,constitute and appointJeffrey R.Baker,Nancy D.Baltutat,Patrick K.Duff,Mark E.Keairnes, 5 �
Greg T.LaMair,Joseph I.Schmit,Christopher R.Seiberling,and Jill Shaffer 5 �
5 of West Des lYIoi�es � and State of inwa its true and lawful Attorney-in-Fact,with full power and 5 i
5 authority hereby conferred in its name,place and stead,to sign,execute,acknowl'edge and deliver in its beha1f as surety any and all bonds,under- � ;
5 takings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the rj
amount of: �
— - -- �
--- —-- --- *��*���*�**** • • ***�*�***���***� — �
5 Unlimrted Amount
5 and to bind YIVg'i'Insurance Coranpany thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized 5 € �
5 officers of IlVIT Insura�a�e Coatag�amy,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified an
5 confumed. 5
5 This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of 5 �
CJ Directors of IlVIT Insuranc�Coanpamy on December 18,1998. 5 r�
5 ARTICLE VIII,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and � �
5 to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- 5c 'I
I;
5 tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. � �,
5 ARTICLE VIII,SECTION 5.-The signature of any autharized officer and the Corporate Seal may be affixed by facsimile to any Power �j I:;
ej of Attorney autharizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws. Such 5 ��;
5 facsimile signature and seal shall have the same force and effect as though manually affixed. 5 �
�
S In Witness Whereof, TMT Insurance Company has caused these presents to,tbe sigrc`ed by its President and its corporate seal to �e �
5 be hereto affixed,this 3rd day of Mav , �(�]7 � 5
5 INdT�fnsairance Coim�sa�y`; 5
5 ,/�� ��4��e�..�/ � 5
5 5 5
5ean Kenned .P.resident ` 5
5 5 � R, . - .. 5
W�41tI�1I1�G: TI�I� POWER I� I�1Vr�I.II) IF 1�OT PI�II�TTEI)i�IT�I�l��D'�OI�I)EI�r�I�I)1dED LOGO. 5
5
5 STATE OF IOWA � ss: 5
COUNTY OF POLK 5
5 On this 3rd da of ,before me a eared Sean Kenned ,to me ersonall known, 5
Y 1V.Ia�� > 20�7 PP Y P Y 5
5 who being by me duly sworn did say that he is President of the IMT Insurance Company,the coiporation described in the foregoing insYrument, 5
C� and that the Seal affixed to the said instrument is the Coiporate Seal of the said Corporation and that the said instrument was signed and sealed in 5
5 behalf of said Corporation by authority of its Board of Directors. 5
C� In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year C
5 first above written. ' S
�ea�,� SETH CARV
5 � � C�R�FAISSBON Nb. 7�992g i� 5
A�4'��lMlSSIOF1�XPd�€S 5
5 g�y�� �_�a�� Notary Public,Polk unty,Iowa �
5 c�����rc;��� 5
5 5 I,Dalene Holland,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of 5
the POWER-0E-ATTORNEY,executed by said the IMT Insurance Company,which is still in force.and effect. 5
5 In Witness Whereof, I have hereunto set my hand and affixed the Seal of 'the Compan�,on day of 5
5 � � �-Q.�a.�� 5
5 �CLQ�.�t�. 5
5 Dalene Holland,Secretary 5
5
5 sY o6 06�oiro�� 5 ,
5 �
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