HomeMy WebLinkAboutAgreement - Poindexter Excavating, Inc •
Engineering Department
Project Name
AGREEMENT
City of Carmel, Indiana
THIS AGREEMENT is made,and entered into by and between the City of Cannel, Indiana,
acting by and through its Redevelopment Commission ("OWNER") and Poindexter Excavating, Inc.
("CONTRACTOR"), concerning the project ("Project") described more particularly in Appendix
A which is attached hereto and incorporated herein by reference.
RECITALS:
A. The OWNER has heretofore caused to be prepared certain plans, specifications and other
documents (collectively, the "Contract Documents") as hereinafter listed pertaining to
the Project, and the CONTRACTOR has filed a bid proposal ("Proposal") to furnish
labor, tools, material, equipment and/or services, and to perform the work ("Work")
called for in the Contract Documents pertaining to the Project, upon the terms and for the
price(s) therein fully stated and set forth; and
B. The said Contract Documents accurately and fully describe the terms and conditions
upon which the CONTRACTOR is willing to furnish the labor, tools, material,
equipment, services, and perform the Work called for by the Contract Documents and in
the manner and time and for the price(s) set forth therein.
THE OWNER AND CONTRACTOR AGREE AS FOLLOWS:
1.0 Contract Documents
1.1 This Agreement consists of the following Contract Documents all of which are as fully a
part of this Agreement as if set out verbatim herein or attached hereto and the same do in
all particulars become the Agreement between the parties hereto in all matters and things
set forth herein and described:
a. This Agreement, including any attachments hereto;
b. All Addenda issued prior to receipt of bid proposals, whether or not receipt
thereof has been acknowledged by CONTRACTOR in its Proposal;
c. The Specifications;
d. The Additional Requirements;
e. Notice to Bidders;
f. Instructions to Bidders;
g. Plans and Drawings;
h. Performance, Payment and Maintenance Bonds;
i. CONTRACTOR'S Itemized Proposal and Declarations; and
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Engineering Department
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j. All other documents defined as Contract Documents in any of the above listed
documents.
1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character,
scope and/or extent of Work to be performed or furnished by the CONTRACTOR
hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the
provision of a Contract Document expressing the greater quantity, quality or scope of the
Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater
right or remedy to OWNER, shall govern, without regard to the party who drafted such
provision; otherwise, the Documents shall be given precedence in the order as listed in
paragraph 1.1 herein above:
2.0 Contract Price
2.1 The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all
necessary labor, tools, materials, equipment, services, assume and fulfill all obligations
and perform all Work required to construct, complete, and make ready for use by the
OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to
exceed $ 679,019.00 Base Bid, subject to any additions or deletions based on
actual approved quantities of the respective unit price items, which price the
CONTRACTOR agrees to accept as full payment for all such Work actually performed
and accepted as described in the"Contract Items and Unit Prices specification" and other
Contract Documents (the "Contract Price"). The CONTRACTOR agrees that each unit
price shall be deemed full and complete compensation for all direct and indirect costs for
the each respective item of Work, including, without limitation, all materials, labor,
supervision, equipment, transportation, warranties, repairs, replacement, overhead and
profit for the item, complete and in place.
2.2 The above stated Contract Price will be paid to the CONTRACTOR in the manner and at
such times as set forth in the Contract Documents.
3.0 Contract Time
3.1 It is hereby understood and mutually agreed, by and between the CONTRACTOR and
OWNER, that the date of commencement and the time for completion of the Work as
specified in the Contract Documents are essential conditions of this Agreement.
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3.2 The CONTRACTOR agrees that the Work shall be commenced no later than the date
indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and
that the Work shall be performed regularly, diligently and without interruption at such a
rate of progress as will insure "Substantial Completion" of the Project, including
completion of performance testing and such remedial work as may be required by the
OWNER, by the dates specified in the Contract Documents.
3.3 The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this
Agreement for the performance and completion of the Work is reasonable and takes into
account any and all risks and adverse conditions which may befall the CONTRACTOR
hereunder.
4. Effective Date
This Agreement shall be deemed effective as of the date and year on which the last of the
parties hereto, or their representative, executes same.
5. Miscellaneous Provisions
5.1 OWNER's Property
Any and all documentation (other than original tracings and original calculations)
generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER's
exclusive property and shall be disclosed only to OWNER and to no other person without
OWNER's prior express written consent. CONTRACTOR shall keep confidential all
working and deliberative material pursuant to IC 5-14-3-4.
5.2 Termination
Except as expressly stated to the contrary herein, this Agreement may be suspended
and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel,
Standard General Conditions for Construction Contracts 1997 (the "General
Conditions"), as incorporated herein by this reference.
In the event any amount allegedly due hereunder is disputed and such dispute is not
resolved to OWNER's satisfaction within ten (10) business days after notice of such
dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute,
under protest, into the City Court of Cannel, which Court shall hold such money until
notified of a resolution signed by both parties hereto or until a final judgment is
entered thereon.
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5.3 Binding Effect
OWNER and CONTRACTOR and their respective officers, officials, partners,
successors, executors, administrators, assigns and legal representatives are bound by
this Agreement to the other party hereto and to the officers, officials, partners,
successors, executors, administrators, assigns and legal representatives of such other
party in all respects as to all covenants, agreements and obligations contained and/or
incorporated herein.
5.4 No Third Party Beneficiaries
Nothing contained herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER or CONTRACTOR.
5.5 Relationship
The relationship of the parties hereto shall be as provided for in this Agreement, and
CON'T'RACTOR, as well as its agents, employees, contractors, subcontractors, outside
sources and other persons shall in no fashion be deemed to be an employee of
OWNER. Furthermore, CONTRACTOR shall be solely responsible for payment to or
for its agents, employees, contractors, subcontractors, outside sources and other
r persons all statutory, contractual and other compensation, benefits and obligations due
thereto, and OWNER shall not be responsible for same. Rather, the Contract Price to
be paid hereunder by OWNER to CONTRACTOR shall, subject to the terms and
conditions hereof, be the full and maximum compensation and monies required of
OWNER to be paid to CONTRACTOR pursuant to this Agreement.
5.6 Insurance
CONTRACTOR shall maintain such bonds and insurance as are set forth in
Article 5 of the General Conditions.
5.7 Indemnification
CON'T'RACTOR shall indemnify and hold harmless OWNER, its officers, officials,
employees, agents and legal representatives, from all losses, liabilities, claims,
judgments and liens, including, but not limited to, all costs, expenses and attorney
fees, arising out of any intentional or negligent act or omission of CONTRACTOR
and/or any of its agents, employees, contractors, subcontractors, outside sources
and/or other persons in the performance of this Agreement. The failure to do so shall
constitute a material breach of this Agreement. This indemnification obligation shall
survive the termination of this Agreement.
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5.8 Setoff
In addition to any right of setoff provided by law, all amounts due CONTRACTOR
shall be considered net of indebtedness of CONTRACTOR to OWNER, and
OWNER may deduct any amounts due or to be come due from CONTRACTOR to
OWNER from any sums due or to become due from OWNER to CONTRACTOR
hereunder.
5.9 Government Compliance
CONTRACTOR agrees to comply with all present and future federal, state and local
laws, executive orders, rules, regulations, codes and ordinances which may be
applicable to CONTRACTOR's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this
reference. CONTRACTOR agrees to indemnify and hold harmless OWNER from
any loss, damage or liability resulting from any violation of such laws, orders, rules,
regulations, codes and/or ordinances. This indemnification obligation shall survive
the termination of this Agreement.
5.10 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, that provision shall be stricken, and all other
provisions of this Agreement which can operate independently of such stricken
provision shall continue in full force and effect.
5.11 Notice.
Any notice, invoice, order or other correspondence required or permitted to be sent
under or pursuant to this Agreement shall be in writing and either hand-delivered or
sent by postage prepaid, U.S. Certified mail, return receipt requested, addressed to
the parties at the following address:
OWNER: CONTRACTOR:
City of Carmel Poindexter Excavating, Inc.
Redevelopment Commission 1O''3 E. 56 Street
One Civic Square P.O. Box 36399
Carmel,IN 46032 Indianapolis, IN 46236-0399
Attention:M. Kate Boyle-Weese,PE,City Engineer Attn: Jim I''l✓yer
(with a copy to City Attorney,
Department of Law, same address)
Notwithstanding the above, a Notice To Cease All Work issued under or pursuant to
Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter
followed by written notice as provided in this Paragraph 5.11 within five (5)
business days of the date of such oral notice.
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5.12 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of
the State of Indiana, except for its conflict of laws provisions, as well as with all
municipal ordinances and codes of the City of Carmel. The parties further agree that,
in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they
may have, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
5.13 Waiver
Any delay or partial inaction on the part of OWNER in exercising or pursuing any
right and/or remedy provided hereunder or by law shall not operate to waive any
such rights or remedies.
5.14 Exhibits
All exhibits and/or appendices referenced herein, whether marked "Exhibit",
"Appendix", or by some other title, shall be considered a part of this Agreement.
5.15 Prior Agreements r
This Agreement contains all of the agreements of the parties hereto with respect to
the subject matter hereof, and supersedes all prior negotiations, representations,
and/or contracts, either oral or written, respective thereto.
5.16 Representation and Warranties
Each party hereto represents and warrants that it is authorized to enter into this
Agreement and that such party, in executing this Agreement, has the authority to
bind such party or the party which it represents, as the case may be.
5.17 Headings
All headings and sections of this Agreement are inserted for convenience only and
do not form a part of this Agreement nor limit, expand or otherwise alter the
meaning of any provisions hereof.
5.18 Advice of Counsel
The parties warrant that they have read this Agreement and understand it, are fully
aware of their respective rights, have had the opportunity for the advice and
assistance of an attorney throughout the negotiation of this Agreement, and enter
into this Agreement freely, voluntarily and without any duress, undue influence,
coercion or promise of benefit, except'as expressly set forth herein.
5.19 Entire Agreement
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•
Engineering Department
Project Name
This Agreement, together with any attachments hereto or referenced herein, constitutes
the entire agreement between Vendor and City with respect to the subject matter hereof,
and supersedes all prior oral or written representations and agreements regarding same.
Notwithstanding any other term or condition set forth herein, but subject to paragraph
5.10 hereof, to the extent any term or condition contained in any exhibit attached to this
Agreement conflicts with any term or condition contained in this Agreement, the term
or condition contained in this Agreement shall govern and prevail, unless the parties
hereto, or their successors in interest, expressly and in writing agree otherwise. This
Agreement may only be modified by written amendment executed by both parties
hereto, or their successors in interest.
IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written :
OWNER: CONTRACTOR:
CITY OF CARMEL, INDIANA
by and through its Redevelopment
Commission
• BY: V
�Luci Snyder
Date: li4 0/Aoe0 Printed Name:
B411 ' Poindexter
Title: President
Amy Boldt •
Date:
Date:
Ron Carter
Date:
400 •Allff_cP
`"Rick Roesch
Date: 1/ dO . omo
401r Koven
Date: ///v/02-t0 00
ATTEST:
Date:
Diana Cordray, Clerk-Treasurer
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PERFORMANCE BOND PRF#8159980
City of Carmel
Instructions:
Successful Bidder must use this form or other form containing the same material conditions and
provisions as approved in advance by OWNER.
Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners
should execute bond.
Surety company executing this bond shall appear on the most current list of "Surety Companies
Acceptable on Federal Bonds," as specified in the U.S. Treasury Department Circular 570, as amended,
and be authorized to transact business in the State of Indiana.
KNOW ALL MEN BY THESE PRESENTS:that
"CONTRACTOR":
POINDEXTER EXCAVATING, INC.
4
and
"Surety": [Name] Fidelity Deposit Company of Maryland
[Address] P.O. Box 1227
Baltimore, MD 21203-1227
a corporation chartered and existing under the laws of the State of
Maryland , and authorized to do business in the State of
Indians,
are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum
of SixHundredSeventyNine Thou sandNinet$cellars, ($679,019.00 ) in lawful money of the
United States, for the payment of which sum well and truly to be made, together with interest at the
maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to
enforce this instrument, we bind ourselves, successors, and assigns,jointly and severally, firmly by these
presents.
WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the
13th day of November ,20 00 ,by which CONTRACTOR has agreed to perform and
furnish certain Work for or in furtherance of construction of public improvements described generally as
Carmel City Center: Site Preparation and Improvements,Phase 1
(Project No.00-03)
Site clearing and grubbing,earthwork,sanitary lift station and sewers,storm sewers,and water
main,and other incidental work as described more fully by these construction documents for the
project site located southwest of the intersection of 3'd Avenue and City Center Drive.
which Agreement,and the"Contract Documents" as referred to therein, are hereby incorporated herein by
reference;
PFD-1 Vksos2\99300 \sib dce . -
NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well,
truly and faithfully perform his duties, all the undertakings, covenants, terms and conditions of said
Agreement whether during the original term thereof,and any extensions thereof which may be granted by
the OWNER,with or without notice to the Surety and during any period of guaranty or warranty provided
therein or arising thereunder, and if CONTRACTOR shall satisfy all claims and demands incurred under
such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages
which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay
and expense which the OWNER may incur in making good any default,then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED,FURTHER,that the said Surety,for value received,hereby stipulates and agrees:
1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the
Contract will operate to release or discharge Surety;
2. that no change,omission, extension of time, alteration or addition to the terms of the Agreement,
Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in
enforcement of the Agreement or this bond shall in any way affect its obligation on this bond,and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Agreement,Contract Documents or to the Work;
3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of
the OWNER hereunder as to any claim that mayrremain unsatisfied;and
that this Performance Bond and Surety shall not be released until one (1) year after the OWNER's final
settlement with the CONTRACTOR.
IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of
which shall be deemed an original, this the 14th day of November ,2000
CONTRACTOR: [name] POINDEXT E CAVATING, INC.
V
By: 4 CZ—,r rC ;'%/to o/Yvt sek
[signatu [printed naIe]
Secretary
[signature]
S gruel FIDELITY & DEPOSIT COMPANY OF MARYLAND
-�a' C.t • �.L Gt , Attorne y-in-fact
[si_��lure]
Cynthia A. Hiday P.O. Box 1227, Baltimore, MD 21203-1227
[printed name] [address]
PFB-2 Wsos2\99304 \si+e
PAYMENT BOND PRFII8159980
City of Carmel
Instructions:
Successful Bidder must use this form or other form containing the same material conditions and
provisions as approved in advance by OWNER.
Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners
should execute bond.
Surety company executing this bond shall appear on the most current list of "Surety Companies
Acceptable on Federal Bonds," as specified in the U.S. Treasury Department Circular 570, as amended,
and be authorized to transact business in the State of Indiana.
KNOW ALL MEN BY THESE PRESENTS:that
"CONTRACTOR":
POINDEXTER EXCAVATING, INC.
and
"Surety": [Name] r Fidelity & Deposit Company of Maryland
[Address] P.O. Box 1227
Baltimore, MD 21203-1227
a corporation chartered and existing under the laws of the State of
Maryland , and authorized to do business in the State of
Indiana,
are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum
ofSixHundredSeventyNineThousandNineteRollarS, ($ 679.019.00 ) in lawful money of the
United States,for the payment of which sum well and truly to be made,plus interest at the maximum legal
rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this
instrument,we bind ourselves,successors,and assigns,jointly and severally,firmly by these presents.
WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the
13th day of November , 20 00 , by which CONTRACTOR has agreed to perform and
furnish certain Work for or in furtherance of construction of public improvements described generally as
Carmel City Center: Site Preparation and Improvements,Phase 1
(Project No.00-03)
Site clearing and grubbing,earthwork,sanitary lift station and sewers,storm sewers,and water
main,and other incidental work as described more fully by these construction documents for the
project site located southwest of the intersection of 3`d Avenue and City Center Drive.
which Agreement,and the"Contract Documents" as referred to therein, are hereby incorporated herein by
reference;
NOW,THEREFORE,the conditions of this obligation are such that if the CONTRACTOR shall promptly
make payments of all amounts due to all Claimants,then this obligation shall be void;otherwise to remain
in full force and effect. "Claimant"shall mean any Subcontractor,material supplier or other person,firm,
or corporation furnishing materials or equipment for or performing labor or services in the prosecution of
the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on
machinery,and tools,whether consumed or used in connection with the construction of such work,and all
insurance preminms on said work,and for all labor,performed in such work.
•
PROVIDED,FURTHER,that the said Surety,for value received,hereby stipulates and agrees:
1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the
Agreement will operate to release or discharge.Surety;
2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement,
Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in
enforcement of the Agreement or this bond shall in any way affect its obligation on this bond,and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Agreement,Contract Documents or to the Work;
3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of
the OWNER hereunder as to any claim that may remain unsatisfied;and
4. that this Payment Bond mad Surety shall not be released until one (1) year after the OWNER's
final settlement with the CONTRACTOR.
IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each one of
which shall be deemed an original,this the 14th day of, November ,20 00 ,
CONTRACTOR: do OINDEXTE•� (,AVATING, INC.
By: ` Or./, 1-bfkitl e vh e_
[signature] [printed n e]
SST:,.--.C` (mot/' Secretary
[signature]
S [1. ;]_ FIDELITY & DEPOSIT COMPANY OF MARYLAND
CL Lcs. „{ Attorney-in-fact
[signatu ]
Cynthia A. Hiday , P.O. Box 1227. Baltimore. M) 71203-1227
[printed name] [address]
'WORD CERTIFICATE O F LIABILITY I N S U RA N C EP SR 10 DATE(MM/DD/YY)
OINDE6 11/14/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Waterfield Insurance Agcy HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 2047 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Indianapolis IN 46206-2047
Phone: 317-269-4786 Fax:317-269-4806 INSURERS AFFORDING COVERAGE
INSURED INSURER A American States Insurance
INSURER B:
Poindexter Excavating, Inc. INSURER C:
P.O. BOX 36399 INSURER D
46236-0399 ORIGINAL
1 INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR POLICY EFFECTIVE f POLICY EXPIRATION LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER I DATE(MM/DD/YY) I DATE(MM/DD/YY)
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X I COMMERCIAL GENERAL LIABILITY 01AM225854 09/01/00 09/01/01 FIRE DAMAGE(Any one fire) $ 50,000
I CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000
X I "X" "C" "U" _ PERSONAL&ADV INJURY $ 1,000,000
I GENERAL AGGREGATE 1 $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
1 POLICY X 1 FECOT I I LOC I
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
A ANY AUTO 01AM225854 09/01/00 09/01/01
(Ea accident)
$ 1,000,000
ALL OWNED AUTOS BODILY INJURY $
X SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
(Per accident) $
X NON-OWNED AUTOS
PROPERTY DAMAGE $
II (Per accident)
GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT I $
ANY AUTO OTHER THAN EA ACC I $
AUTO ONLY. AGG I $
EXCESS LIABILITY I I EACH OCCURRENCE I $ 5,000,000
A IX I OCCUR CLAIMS MADE 01SU059476 09/01/00 09/01/01 I AGGREGATE $ 5,000,000
I$
DEDUCTIBLE $
IX RETENTION $ 10,000 $
WORKERS COMPENSATION AND X I TORYILIM TS IOER
A EMPLOYERS'LIABILITY 01WC761616 09/01/00 09/01/01 E.L EACH ACCIDENT $ 500,000
E.L DISEASE-EA EMPLOYEE $500,000
EL DISEASE-POLICY LIMIT $ 500,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Additional Insured in favor of City of Carmel (Owner) and CSO Architects,
Engineers & Interiors (Architects) with respect to the general liability
portion of this certificate of insurance and relative to the Carmel City
Center job.
CERTIFICATE HOLDER Y I ADDITIONAL INSURED,INSURER LETTER A CANCELLATION
CARM003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF CA NEL LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
1 Civic Square
Carmel IN 46032 A IND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES
' IF GZ 6• l
ACORD 25-S(7/97) RD CORPORATION 1988
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by F. L. BORLEIS, Vice-President, and T. C. JOHNSON, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of t.e By-Laws osaid Company, which are set forth on the
reverse side hereof and are hereby certified to be in full ge4 and effee the date hereof, does hereby nominate,
constitute and appoint Larry A. Nicolet, Cynthia A. Hi. N laine • '`'.. per, Patricia J. VanHoy, Nancy E. Deer,
Anne M. Duncan and Tammy Ellis,all of IndianapoF . iana,E .t is true and lawful agent and Attorney-in-Fact,
to make, execute, seal and deliver, for, and on its 5�.�' as sure °: as its act and deed: any and all bonds and
undertakings and the execution of such bonds or o. akings it ` uance of these presents, shall be as binding upon
said Company, as fully and amply, to all intents .43frposes, .Ahey had been duly executed and acknowledged by the
regularly elected officers of the Company at iSti, ice in B.''. .re, Md., in their own proper persons. This power of
attorney revokes that issued on behalf of A.A. Nico, ynthia A. Hiday, Elaine Alexander, Patricia J. VanHoy,
Nancy E. Deer,Anne M.Duncan,and Na y� Swan, ecember 7, 1999.
The said Assistant Secretary does hey certify k�th� extract set forth on the reverse side hereof is a true copy of
Article VI,Section 2, of the By-Law ^ ,.id Corn. d is now in force.
IN WITNESS WHEREOF, the ice-Pr-4�.en and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDEL `-ND DEPOSIT COMPANY OF MARYLAND, this 24th day of May,
A.D.2000.
ATTEST: FIDELITY v) DEPOSIT COMPANY OF MARYLAND
r� c›4 L)5Aitti J)
T. C.Johnso Assistant Secretary F. L. Borleis Vice-President
State of Maryland
ss:
County Of Harford
On this 24th day of May, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came F. L. BORLEIS, Vice-President and T. C. JOHNSON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
„,,A TRp•4
NG7ARY
71i8uf i e / 1 •
°90c06 Patricia A. Trombetti Notary Public
My Commission Expires: October 9,2002
L1428-044-0494