HomeMy WebLinkAboutPAYMENT BOND THE AMERICAN INSTITUTE OF ARCHITECTS
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`q Bond No. IAC 55938
A1A Document A312
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Merchants Bonding Company(Mutual)
ACCO Unlimited Corporation 2100 Fleur Drive
5300 NW 55th Ave. Des Moines IA 50321-1158
Johnston,IA 50131
OWNER(Name and Address):
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703
CONTSTRUCTION CONTRACT
Date: August 25,2008
Amount: $129,179.00
Description(Name and Location): 2008 Swimming Pool Filter Replacement and Painting Project
BOND
Date(Not earlier than Construction Contract Date): August 25,2008
Amount: $129,179.00
Modifications to this Bond: El None 0 See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Co to Seal)
ACCO Unlimited Corporation Me o ding Company(Mutual
Signai e: Signatur
Nam nd Ti Name and Title: M ARET A POPE
A ey-In-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other
THE DANA COMPANY party):
12345 UNIVERSITY AVE#300
DES MOINES,IA 50325-8245
515-224-4391
AR DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. • AlA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4
1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the
bind themselves, their heirs, executors, administrator, Owner to the Contractor or to the Surety, that is sufficient
successors and assigns to the Owner to pay for labor, compliance.
materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of
performance of the Construction Contract, which is Paragraph 4,the Surety shall promptly and at the Surety's
incorporated herein by reference. expense take the following actions:
2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to
and void if the Contractor: the Owner, within 45 days after receipt of the claim,
2.1 Promptly makes payment, directly or indirectly, stating the amounts that are undisputed and the
for all sums due Claimants, and basis for challenging any amounts that are disputed.
2.2 Defends, indemnities, and holds harmless the 6.2 Pay or arrange for payment of any undisputed
Owner from all claims, demands, liens or suits by any amounts.
person or entity who furnished labor, materials or
equipment for use in the performance of the 7 The Surety's total obligation shall not exceed the
Construction Contract, provided the Owner has amount of this Bond,and the amount of this Bond shall be
promptly notified the Contractor and the Surety (at credited for any payments made in good faith by the
the address described in Paragraph 12) of any Surety.
claims, demands, liens or suits and tendered defense 8 Amounts owed by the Owner to the Contractor under
of such claims, demands, liens or suits to the the Construction Contract shall be used for the
Contractor and the Surety, and provided there is no performance of the Construction Contract and to satisfy
Owner Default. claims, if any, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this
3 With respect to Claimants, this obligation shall be null Bond, they agree that all funds earned by the Contractor
and void if the Contractor promptly makes payment, in the performance of the Construction Contract are
directly or indirectly,for all sums due. dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to
4 The Surety shall have no obligation to Claimants under use the funds for the completion of the work.
this Bond until:
4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants
contract with the Contractor have given notice to the or others for obligations of the Contractor that are
Surety (at the address described in Paragraph 12) unrelated to the Construction Contract. The Owner shall
and sent a copy, or notice thereof, to the Owner, not be liable for payment of any costs or expenses of any
stating that a claim is being made under this Bond Claimant under this Bond, and shall have under this Bond
and, with substantial accuracy, the amount of the no obligations to make payments to, give notices on
claim. behalf of, or otherwise have obligations to Claimants
4.2 Claimants who do not have a direct contract with under this Bond.
the Contractor: 10 The Surety hereby waives notice of any change,
.1 Have furnished written notice to the Contractor including changes of time, to the Construction Contract or
and sent a copy, or notice thereof, to the to related subcontracts, purchase orders and other
Owner, within 90 days after having last per- obligations.
formed labor or last furnished materials or
equipment included in the claim stating, with 11 No suit or action shall be commenced by a Claimant
substantial accuracy, the amount of the claim under this Bond other than in a court of competent juris-
and the name of the party to whom the mater- diction in the location in which the work or part of the work
ials were furnished or supplied or for whom is located or after the expiration of one year from the date
the labor was done or performed; and (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the
.2 Have either received a rejection in whole or in last labor or service was performed by anyone or the last
part from the Contractor, or not received within materials or equipment were furnished by anyone under
30 days of furnishing the above notice any the Construction Contract, whichever of (1) or (2) first
communication from the Contractor by which occurs. If the provisions of this Paragraph are void or
the Contractor has indicated the claim will be prohibited by law, the minimum period of limitation
paid directly or indirectly; and available to sureties as a defense in the jurisdiction of the
.3 Not having been paid within the above 30 days, suit shall be applicable.
have sent a written notice to the Surety(at the 12 Notice to the Surety,the Owner or the Contractor shall
address described in Paragraph 12) and sent be mailed or delivered to the address shown on the
a copy, or notice thereof, to the Owner, stating signature page. Actual receipt of notice by Surety, the
that a claim is being made under this Bond and Owner or the Contractor, however accomplished, shall be
enclosing a copy of the previous written notice sufficient compliance as of the date received at the
furnished to the Contractor. address shown on the signature page.
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006
13 When this Bond has been furnished to comply with a The intent of this Bond shall be to include without
statutory or other legal requirement in the location where limitation in the terms "labor, materials or equipment"
the construction was to be performed, any provision in that part of water, gas, power, light, heat, oil,
this Bond conflicting with said statutory or legal gasoline, telephone service or rental equipment used
requirement shall be deemed deleted herefrom and in the Construction Contract, architectural and
provisions conforming to such statutory or other legal engineering services required for performance of the
requirement shall be deemed incorporated herein. The work of the Contractor and the Contractor's
intent is that this Bond shall be construed as a statutory subcontractors, and all other items for which a
bond and not as a common law bond. mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
14 Upon request by any person or entity appearing to be furnished.
a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement between
promptly furnish a copy of this Bond or shall permit a copy the Owner and the Contractor identified on the
to be made. signature page, including all Contract
Documents and changes thereto.
15 DEFINITIONS
15.3 Owner Default: Failure of the Owner, which has
15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the
contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract
the Contractor to furnish labor, materials or or to perform and complete or comply with the other
equipment for use in the performance of the Contract. terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Section 6 is modified by adding section 6.3.
6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its
obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant
incurs to recover any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: Company:
(Corporate Seal) (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA®
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W. WASHINGTON,D.C. 20006 A312-1984 6
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY Bond#: IAC 55938
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under
the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
MARGARET A POPE
of DES MOINES and State of IA its true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
ONE MILLION FIVE HUNDRED THOUSAND($1,500,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL), and all the acts of
said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16, 2002.
ARTICLE II, SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 7th day of May , 2008
MERCHANTS BONDING COMPANY(MUTUAL)
• Ov' RP0 '•A9••
••0.v0 99�.yc:
:•i'. 1933 c: By ,,7.Z.,7 7 77,‘,,........_.
•
STATE OF IOWA ••�• •••• President
COUNTY OF POLK ss.
On this 7th day of May 2008 before me appeared Larry Taylor,to
me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),
the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written. //��
CINDY SMYTH lN{
_ Commission Number 173504 1 di
cw� My Commission Expires VVV
March 16,2009 Notary Public,Polk County,Iowa
•
STATE OF IOWA
COUNTY OF POLK ss.
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on
this 25th day of August , 2008
A
•�:, ..0 C A4�9y�• Secretary
•
•ry-:= -0- o; •
�:
Wiz: •
•y•• 1933 c.
POA 0005 (1/06) 1' ••
THE AMERICAN INSTITUTE OF ARCHITECTS
'1
Bond No. IAC 55938
AIA Document A312
Performance Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Merchants Bonding Company(Mutual)
ACCO Unlimited Corporation 2100 Fleur Drive
5300 NW 55th Ave. Des Moines IA 50321-1158
Johnston,IA 50131
OWNER(Name and Address):
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703
CONTSTRUCTION CONTRACT
Date: August 25,2008
Amount: $129,179.00
Description(Name and Location): 2008 Swimming Pool Filter Replacement and Painting Project
BOND
Date(Not earlier than Construction Contract Date): August 25,2008
Amount: $129,179.00
Modifications to this Bond: 0 None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Co Ai_-Seal)
ACCO Unlimit Corporation Merchants ' g Company(Mutual)
41
Sig ture: Signature:
Ne'and Ti I Name and Title: MA RET A POPE
Attorney-In-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other
pa► Y):
THE DANA COMPANY
12345 UNIVERSITY AVE#300
DES MOINES,IA 50325-8245
515-224-4391
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1
1 The Contractor and the Surety,jointly and severally, bind .1 After investigation, determine the amount for
themselves, their heirs, executors, administrators, which it may be liable to the Owner and, as soon
successors and assigns to the Owner for the performance as practicable after the amount is determined,
of the Construction Contract, which is incorporated herein tender payment therefore to the Owner; or
by reference.
.2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract, the Owner citing reasons therefore.
Surety and the Contractor shall have no obligation under 5 If the surety does not proceed as provided in Para-graph
this Bond, except to participate in conferences as provided 4 with reasonable promptness, the Surety shall be deemed
in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of
3 If there is no Owner Default, the Surety's obligation an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
under this Bond shall arise after: Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 provided in Subparagraph 4.4, and the Owner refuses the
below that the Owner is considering declaring a payment tendered or the Surety had denied liability, in
Contractor Default and has requested and attempted whole or in part, without further notice the Owner shall be
to arrange a conference with the Contractor and the entitled to enforce any remedy available to the Owner.
Surety to be held not later than fifteen days after
receipt of such notice to discuss methods of per- 6 After the Owner has terminated the Contractor's right to
forming the Construction Contract. If the Owner, the complete the Construction Contract, and if the Surety
Contractor and the Surety agree, the Contractor shall elects to act under Subparagraph 4.1,4.2, or 4.3 above,
be allowed a reasonable time to perform the then the responsibilities of the Surety to the Owner shall
Construction Contract, but such an agreement shall not be greater than those of the Contractor under the
not waive the Owner's right, if any, subsequently to Construction Contract, and the responsibilities of the
declare a Contractor Default; and Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of
declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the
and the Surety have received notice as provided in Surety is obligated without duplication for:
Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for cor-
3.3 The Owner has agreed to pay the Balance of the rection of defective work and completion of the Con-
Contract Price to the Surety in accordance with the struction Contract;
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in 6.2 Additional legal, design professional and delay
accordance with the terms of the contract with the costs resulting from the Contractor's Default, and
Owner. resulting from the actions or failure to act of the
4 When the Owner has satisfied the conditions of Surety under Paragraph 4; and
Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages
expense take one of the following actions: are specified in the Construction Contract, actual
damages caused by delayed performance or non-
4.1 Arrange for the Contractor, with consent of the performance of the Contractor.
Owner, to perform and complete the Construction
Contract; or 7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
4.2 Undertake to perform and complete the Con- Construction Contract, and the Balance of the Contract
struction Contract itself, through its agents or through Price shall not be reduced or set off on account of any
independent contractors; or such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for or its heirs, executors, administrators or successors.
performance and completion of the Construction 8 The Surety hereby waives notice of any change, inclu-
Contract, arrange for a contract to be prepared for ding changes of time, to the Construction Contract or to
execution by the Owner and the contractor selected related subcontracts, purchase orders and other obli-
with the Owner's concurrence, to be secured with gations.
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may
Construction Contract, and pay to the Owner the be instituted in any court of competent jurisdiction in the
amount of damages as described in Paragraph 6 in location in which the work or part of the work is located and
excess of the Balance of the Contract Price incurred shall be instituted within two years after Contractor Default
by the Owner resulting from the Contractor's default; or or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to
4.4 Waive its right to perform and complete, arrange perform its obligations under this Bond, whichever occurs
for completion, or obtain a new contractor and with first. If the provisions of this Paragraph are void or
reasonable promptness under the circumstances: prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 2
THE AMERICAN INSTITUTE OF ARCHITECHTS,1735 NEW YORK AVE.,N.W. WASHINGTON.D.C. 20006
able to sureties as a defense in the jurisdiction of the suit have been made including allowance to the
shall be applicable. Contractor of any amounts received or to be
received by the Owner in settlement of insurance or
10 Notice to the Surety, the Owner or the Contractor shall other claims for damages to which the Contractor is
be mailed or delivered to the address shown on the entitled, reduced by all valid and proper payments
signature page. made to or on be- half of the Contractor under the
Construction Contract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig--
the construction was to be performed, any provision in nature page, including all Contract Documents and
this Bond conflicting with said statutory or legal changes thereto.
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal 12.3 Contractor Default: Failure of the Contractor,
requirement shall be deemed incorporated herein. The which has neither been remedied nor waived, to
intent is that this Bond shall be construed as a statutory perform or otherwise to comply with the terms of the
bond and not as a common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
payable by the Owner to the Contractor under the perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof.
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: Company:
(Corporate Seal) (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 A312-1984 3
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY Bond#: IAC 55938
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
MARGARET A POPE
of DES MOINES and State of IA its true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
ONE MILLION FIVE HUNDRED THOUSAND($1,500,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002.
ARTICLE II, SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company,and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 7th day of May , 2008
MERCHANTS BONDING COMPANY(MUTUAL)
• 0..i1P09g•9.
::• 1933 c: By
..d. ate. /1, 7:7„,‘..,
•
STATE OF IOWA •• ,`s •.• President
COUNTY OF POLK ss.
On this 7th day of May , 2008 before me appeared Larry Taylor,to
me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),
the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first
above written.
j46
;N,, CINDY S•
MYTH
_ Commission Number 173504 U
My Commission Expires
March 16,2009 Notary Public,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on
this 25th day of August 2008 . •• G Coil. 2 ������;
••�O, •(, .9y• Secretary
4.
•ce,•2 CO:
• •• 1933 •c
POA 0005 (1/06) • •