Signed Contract(s) Copyrig hted
February 15, 2021
City of Dubuque Consent Items # 22.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUM MARY: Asbury Road Fiber Optic Collaboration - Phase 2 Project; Chaplain
Schmitt Island Fiber Option Collaboration Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Asbury Road Fiber Optic Collaboration - Phase 2 Supporting Documentation
Project
Chaplain Schmitt Island Fiber Option Collaboration Supporting Documentation
Project
SECTION 00600
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
ASBURY ROAD FIBER OPTIC COLLABORATION - PHASE 2 PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 26th day January 2021 between the City of Dubuque, lowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and TD & I Cable
Maintenance (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the ASBURY
ROAD FIBER OPTIC COLLABORATION - PHASE 2 PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. PerFormance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages_to _ , inclusive).
b. (Bond Name) (pages.�_to _ , inclusive).
c. _ (Bond Name) (pages_to_ , inclusive).
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings-Sheet No.1 through No. 8 (8 pages) or drawings consisting of sheets
bearing the following general title: MiTech and Alliant Energy Plans.
12.Addenda (numbers_to _ , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
SECTION 00600
Page 2 of 6
19.Other Project Information and Permits (Sections 01100 - 00000).
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages 1 to 1 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 Form (Section 00471)
ii. N/A
iii. N/A
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
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 Cantract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
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 r�lated 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, froiri
SECTION 00600
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 with any public officer, whereby it has paid or is to pay any other Bidder or
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 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 City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which
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 for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of lowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
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 Pollution 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 Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. 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
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 into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
SECTION 00600
Page4of6
CONSENT DECREE
RELATING TO THE PROJECT
14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
� THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
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, Civil 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
hitp:llwww.ci#yofdubuq�ae.orqlD�cumentCsnterlHnmelView13173. 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 c�pies 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 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:
SECTION 00600
Page5of6
1. I have received a copy of the 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, 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.
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
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:
TD&I Cable Mainten �ce Inc
Contractor
By: -. � �.-�, _
Signature
Tim Stanke
Printed Name
Owner
Title
- � � ���,�-��
Date
SECTION 00600
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ $226,691.66
CITY OF DUBUQUE, IOWA:
City Manager's Office
D p• ent �
By:
Si ature
Michael Van Milligen
Printed Name
City Manager
Title
2/08/2021
Date
CONTRACTOR:
TD&I Cable Maint ance Inc
Contractor ._
By�—�,� --�.,_-
Signature
Tim Stanke
Printed Name
Owner
Title
/ - u� ;' - �-i
Date
___= END OF SECTION 00500 =___
SECTION 00775
Page 1 of 2
SITE CONDITION INFORMATION
SECTION 00775
25p.1 SUBSURFACE CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following report(s)
and drawing(s) of explorations and tests of subsurFace conditions at the Site:
1) Geotechnical Engineering Report prepared by N/A
Title: N/A
Date:
Pages: 1 -
The technical data in the above report(s), upon which the Contractor may rely, consists
of boring logs, test results, and boring locations all as of the date made. Engineer
accepts no responsibility for accuracy of the soil data or water level information. Soil
information, included with these Contract Documents, was not obtained for the
purposes of designing excavations and trenches. Soil information was used by
Engineer for design purposes only. Contractor shall assure itself by personal
examination as to subsurface conditions and shall provide its own investigations and
make its own assumptions to comply with OSHA and any other applicable laws and
regulations regarding excavation and trenching requirements.
250.2 PHYSICAL CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following drawing
of physical conditions in or relating to existing surface and subsurFace structures (except
underground facilities) which are at or contiguous to the Site:
1) Drawings prepared by Alliant and MiTech
Title: Alliant— MiTech Plans Asbury Road
Date: 4/12/2019
Pages: 1 - 11
SECTION 00775
Page 2 of 2
250.3 HAZARDOUS ENVIRONMENTAL CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following reports(s)
known to the owner of hazardous environmental conditions at the Site:
1) Phase I Environmental Site Assessment Study prepared by N/A
Title: N/A
Date:
2) Phase II Environmental Site Assessment Study prepared by N/A
Title: N/A
Date:
3) Soil and Groundwater Management Plan prepared by N/A
Title: N/A
Date:
The technical data in the above report(s), upon which the Contractor may rely, consists of test
results all as of the date made. Contractor must not remove, disturb or remediate any
Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area,
unless such removal or remediation is expressly identified in the Contract Documents to be
within the scope of work.
___= END OF SECTION 00775 =___
SECTION 00800
Page 1 of 2
CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY
SECTION 00800
800.1 SCHEDULE:
CALENDAR DAY SCHEDULE:
Work required by the Contract Documents shall commence within ten (10) calendar
days after Notice to Proceed has been issued and shall be Substantially Complete by
April 15, 2021 and Finally Complete by May 15, 2021.
800.2 AGREED COSTS OF DELAY:
Time is of the essence of the Contract. As delay in the diligent prosecution of the work may
inconvenience the public, obstruct traffic, interFere with business, and/or increase costs to the
City such as engineering, administration, and inspection, it is important that the work be
prosecuted vigorously to final completion.
An extension of the contract period may be granted by the City for any of the following reasons:
1. Additional work resulting from a modification of the Contract Documents by approved
change order.
2. Delays caused by the City.
3. Other reasons beyond the control of the Contractor, which in the City's opinion, would
justify such.
Should the Contractor, or in case of default the Surety, fail to complete the work within the
specified Substantial and Final Completion Dates, a deduction at the daily rate for agreed
costs of delay will be made for each and every calendar day or working day, whichever is
specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety
shall be responsible for all costs incidental to the completion of the work, and shall be required
to pay the City the following daily costs:
A. For each calendar day that any work remains uncompleted beyond the Substantial
Completion date the contractor will be assessed and shall pay, $ 400 per calendar
day, not as a penalty but as predetermined and Agreed Cost of Delay until
Substantial Completion requirements are met. Substantial Complete is defined
as all underground conduits and vaults are installed.
B. For each calendar day that any work remains uncompleted beyond the Final
Completion date the contractor will be assessed and shall pay, $ 400 per calendar,
not as a penalty but as predetermined and Agreed Cost of Delay until Final
Completion requirements are met. Final Completion is defined as all sidewalk
work is complete and final restoration and seeding is complete.
SECTION 00800
Page 2 of 2
Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration
of the Substantial and Final Completion dates or extension thereof shall in no way operate as
a waiver on the part of the City of any of its rights or remedies under the contract, including
its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of
Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional
damages which the City may sustain by failure of the Contractor to carry out the terms of the
Contract.
The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as
the true and actual damages due the City for loss to the City and to the public due to obstruction
of traffic, interference with business, and/or increased costs to the City such as engineering,
administration, construction, and inspection after the expiration of the contract times, or
extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and
final payment will be withheld from the Contractor until payment has been made of this invoice
for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of
delay in excess of the amount due the Contractor.
___= END OF SECTION 00800 =___
EROSION CONTROL CERTIFICATION
SECTION 00900
Dated:
Lakeland, MN
City:
Address: 1378 Quinlan Circle South PO Box 266
Project: ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 2 PROJECT
Contract No.
Description:
I certify under penalty of law that I understand the terms and conditions of the National
Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm
water discharges associated with industrial activities from the construction site and as
detailed in the Contract Documents. Further, by my signature, I understand that I am
becoming a co-permittee, along with the owner(s) and other contractors and
subcontractors signing such certifications, to the lowa Department of Natural Resources
NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial
Activity for Construction Activities" at the project site. As a co-permittee, I understand
that I, and my company, are legally required under the Clean Water Act and the Code of
lowa, to ensure compliance with the terms and conditions of the storm water pollution
prevention plan developed under this NPDES permit and the terms of this NPDES
permit.
I agree to indemnify and hold the City harmless from any claims, demands, suits,
causes of action, settlements, fines, or judgments and costs of litigation, including, but
not limited to, reasonable attorney's fees arid c�sts of investigation and arising from a
condition, obligation, or requirement assumed or to be perFormed by the Contractor for
storm water pollution and erosion control.
Fines and other costs incurred against the City for the Contractor's failure to provide the
required erosion control practices will be paid by the Contractor.
ContraCtol': TD&I Cable Maintenance_nc
_._ �
�_ _, �-.�.�_.�.__
By: . .,.�=:, ..
(Authorized Signature)
Tim Stanke Owner
(Title) �
. .t
SECTION 00600
Page 1 of 4
PERFORMAN�E, PAYMEN�T AND MAINT�NANCE BOND
S�C7�It�N 00600 gond No. 107270234
KNOW ALL F3Y THFSE PRESENTS:
�C'hat we, TD & I Cable Mair�tenar�ce, as Prirlcipal (hereinafter the "Contractor" or "PrincipaP°)
and Travelers Casualty and Surety Com�.>an�f America , 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 breach of any of the conditions of this
Bond in the penal sum of two hundred twentv-s.ix thousand six_hundred ninetv-one dollars and
sixtv-six cents ($226,691.66), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally, firmly by these presents.
The conditions of the above obligatians are such that where�s said Contractor entered into a
contract with the Owner, bearing date the 26th day of J�nuary 2021, (hereinafter the
"Contract") wherein said Contractor undertakes and agrees to construct the following project in
accord�nce with the Contract Documents, and to faithfully perform all the terms and requirements of
said Cantract within th� time therein specified, in a good and workmanlike manner, and in
accordance with the Contract Documents. The Contract Documents for ASBURY ROAD FIBER
OPTI� COLLABORATION — PHASE 2 PROJECT detail the following described improvements:
Tl�is project includes the install�tion of fiber optic canduit and associated vaults arid handholes on
Asbury Road as shown in the cnnstruction documents provided by MiTech. This project will have a
BASE BID and ALTERNATES 1 and 2 which are additive to the base bid. Tr�e base bid includes 2 -
1.25" HDPE SDR 13.5 duct with orange#10 pratrace tracer wire bored together and includes quazite
handholes of various sizes tha# Alliant Er�ergy likes to use with mousehol�s. There will be 4" and 6"
sidewalk full panel replacement required where potholing is required. The sidewalk replacernent will
need to be completed by approved City of Dubuque Sidewalk contr�ctors. The total length of the
project for irtstallir�g conduits is approximately 7800 LF. Alternate 1 is ar� additive to the base bid and
incl�Ndes 7-�rv�y Duraline Future path 12/16 mm duct with orange #10 protrace tracer wire and ONE
2" F1DPE SDR 13.5 Conduit with orange#10 pr�trace tracer pulled in with the base bid conduits. This
alternate also includes furnishing arid ir�stalling 30" X 48" handholes and installing city supplied R900
vaults. Alternate 2 is an additive to the Base Bid and Alternate 1 arid includes furnishing and installing
another 2" HDPE SDR 13.5 duct with orange #10 pr�otrace tracer wire pulled wi#h the other cnnduits
in � common bore.
It is expr�ssly understood and agreed by th� Cor�tractUr and Surety ir� this Bond that the following
provisions are a part of this Bt�nd and are binding upan said Contractor and Surety, to-wit:
1. PERFORIVIANCE: 7he Contractor st�all well anc� faithfully ok�serve, perform, fulfill, �nd
�bid� by eac�� and every covenank, condition, and part of said Cot�tract and Cor�tract
Doc�,irrterits, by r�ference m�d� a p�rt hereof, f�r the projec:t, and sf7al! indemnify and save
harryiless the Owner frorti a!I outlay �nd exper��e incurred k�y t"rie t�w��er by reason nf the
C;ontr�ctor'S defaialt c�f f�ilure ta perfiorrn as required. 1'he Contract�r sh�ll alsv b�
i
SEGTION 0060p
Pag� 2 of 4
resp�rsibl� for the default or failure to perforrn �s required under the Contract and Contrac�
Documents by all its subcontrac#ors, suppliers, agents, nr employees furnishing materials
or praviding labor in the performance of the Contract.
2. F'AYMENT: The Contractor and the Suret on this Bond hereb a reed to a all 'ust
Y Y 9 p Y J
c laims su bmi t te d by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the perform�nce of the Contract an account of which this Band is
given, including but nat limited to claims for all amnunts due for labor, materials, lubricants,
oil, g�saline, repairs on machinery, equipment, �nd tools, consumed or used by the �
Contractor or any subcontractor, wherein the same are not satisfied out af the portion of the
contract price the Owner is required to retain until campletion of the improvement, but the
Gontractnr and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
establish�d 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
r�ference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own �
expense:
A. To remedy any and all defects that m�y develop in or result from work to be
performed under the Contract Dncuments within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by re�son of defects in
workmanship, equipment installed, or materials used in construction of said work; �
B. To keep all work in continuous good repair; and
�
C. To pay the Owner's reasonable costs of monitarin� �nd inspection to assure that any
defects are remedied, and to r�pay the Owner all outlay and expense incurred as a
result of Cantr�ctor's and Surety's f�ilure to remedy ar�y defect as required by this
section.
Contractar's and Surety's Contract herein made extends to defects in workmanship or
m�t�ri�ls not discovered or knovvn to the Ovvner a� the time such work was accepted.
4. �ENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
I
A. Ta consent without notice to any extension of time authorized in approved change
arders tn the Contractor in which to perform th� Contra�t;
,
B. To consent withaut notice to any chan�e in the Contract ar Contract Documents,
authariz�d in approved change orders whi�h th�reby increases the total contract price
and the p�nal sum of this Bond, provided that all �uch changes do nat, in the
ag�regate, invalve an increase of mare than twenty percent (20%) of the total cnntract '
price, and that this �ond shali th�n �e r�l�a�ed as to such excess increase;
S�CTI�N 0060b
F'age 3 of 4
. C. To consent�n,ithout notice that this Bond shall remain in full fior�e.�nd effe�t until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed '
and the liquidated damage penalty is being charged against the Contractnr.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary nntwithstanding, to the fallowing provisians:
D. That na provisian of this Bond or of any ather contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but 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" wnuld ir�clude but not be limited to all contraCt or employee
expense, all equipment usage or ren#al, materials, testing, autside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigatinn as they ar� inGurred by the Owner. It is intended the Contractor
�nd Surety wil! defend and indemnify the Owner on all claims made against the
Owner on account of Contr�ctdr's f�ilure ta perform as required in the Contract and a
Contract Documents, that all agreements �nd prorr�ises set forth in the Contract and
Con#ract Dncuments, in appraved change orders, and in this Bond will be fulfilled, and
that the Owner will be fully indemnified so that it will be put intn the position it would
have been in had the Contract been performed in the first instance as required.
In the event the C�wner incurs any "outlay and e�c�ense" in d�fending itself against any claim as to
which the Contractor or Surety should have provide� the def�nse, or in the enfor�ement of the
promises given by the Contractor in the Cnntract, Cantract Dbcument�, or approved change
orders, or in the enforcement of the promises given by the Contractor and Sur�ty in this �ond, the
Contractor and Surety agree that they will make the Own�r whale for all such outlay ar�d expense,
prnvided that the Surety's obligation under this Bond shall not exce�d on� hundred twenty-five
percent (125°fa) of the penal sum of this Bond.
In the event that any actions or proceedings are initi�ted regarding #his Bond, the parties agree tha#
the v�nue thereof shall be Dubuqu� County, S#ate of lowa. Ifi leg�l a�tian is required by the Owner
t� enforce the provisions of this Band or to colle�t the monetary obligation incurring to the benefit of
th� Owner, the Contractor and the Sure�ty agr�e, jointly, ant� sev�rally, to pay the Owner all outlay
ar�d expense incurred therefnr by the Owner. All rights, pouvers, and remedies of the Owner
hsreunder shall be cumulativ� an� not alternative and shall be in addition to all rights, pawers, and
remedies given tn fih� Owner, by law. The Owner may proceed �gainst surety f�r any amount
� guarante�d hereunder�nrhe#her action is brought against the Gontractor or whether �antractor is -
joined in any such action(s) or not.
SECTION 00600
Page 4 of 4
NOW THEREFORE, the condition of this obligafiion 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 lowa 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
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part af this
Bond.
Project No. 1002871
Witness our hands, in triplicate, this 27th day of_January , 2021.
SURETY COUNTERSIGNED BY: Title
N/A
FOR APPROVE BY:
Signature of Agent
N/A Repres n a ive for Owner
Printed Name of Agent
N/A SURETY:
Company Address Travelers Casualty and Surety Gompan�of America
N/A Sure C mpany ne ower5quare s Hart ,
City, State,Zip Code � ��
N/A BY� � � � +�_
Sig atu Attorney-in-Fact Officer �
Company Telephone Number Nicole M. Coty
Printed Name of Attorney-in-Fact Officer
PRINCIPA�:
North Risk Partners
TD & I Cable Maintenance, Inc. Company Name
Contractor �48 Exchange rive,Hudson. I 55043
2010 Centre Pointe Boulevard
By' Company Address
Signature
�'� �� Mendota Heights, MN 55120
City, State,Zip Code
Printed Name
651-379-7800
Company Telephone Number
CORPORA'I'E ACKI�xOWLEUGMENT
STATE OF W►SCf�(l�t►`(1
COU!VTY OF , \
Oti the Z,��ciay of�j� � . before me personally
appeared , T to me, �vhc> beirig duly sworn, did depose and
say: that s/lle resides in mit�lf�g�}('j�, that �/he is the _ ��
of the TD & I Cable Maintenance, Inc. the Cot'pot'tttion
describecl in anci which executed the fore�oiilg instrui�lent; th�it s/he knows th�; seal �f said
corporation; that the seal at`fixed to said iustrument is such corporate seal; that it was so
affixed by order of the board oF directors of said coiporation; and that s/he signed her/his
name thereto by like order. %
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�� ..�'•• ���'��,.r���� ACKNOWLEDGMENT OF CORPORATE SURETY
,,sy:��.......�eo`��.
��''�����fi'�ATE OF MINNESOTA
COUNTY OF Dakota
On the 2�th _ day ot January 2021 before
me personally appeared, Nicole M. cot to me known, who being
duly sw�cn, did say: that s/he resicies in 1VIinnesota that s/he is the aforesaid
OfflCei'Ol' attorney in ft1Ct O� Travelers Casualt and Suret Com an of America
a corporation, that the seal affixed to the foreg�ing instrument is the corporate seal of said
corporation; and that said instrument as si�ned and sealed on behalt�of said corpc�ration by
the aForesaid officcr, by authority of its board of directc�rs; and the afores�tid officer
ackno�vled��ed said instrument to be the free act and deed ol�said coj•poratiun.
�
�SEAL) ,� �
ti�,�.��y r��i
. �'ry�,�-�',�,� '
I.ORI ANN 7Af��OK
��.••`� Notary�'ubiic
L�,h
`'i��-�-'= Minr�esot�
'a�;'-.��A�.q
•��-��'�� �,�nmmiss}on Expues Jan.31,2024
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- - � Tr��velers C��u�l�:yy�nd Sur�ty Compa��y nf Am�rica
�I, * Trav�l�r����u�ity a�td S�rety Compa�ty
TRAV��E��� St, Paul Fir�and Marine Insurance Company
POWER OF ATTDRNEY
KF10W ALL MEN 8Y THESE PRESENTS:Thet Travelers Casualky and Surety Company of Ameeica, Travelers Casualty and Surety Company,and St.
Paul Fire and Marine Insurarace Company are corporations duly organized under the laws of the State of Cannecticut (herein collectively called the
"Compar�ies"),and that the Cocnpanies do hereby make,cor�stotute and appoint Nicole m. ccty of Mendota xeights �
Minn..sot , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recagnizances,
condo��ona� unclertakings and other writongs obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persoc�s, guaranteeic�g the performance of contracts and executing or guaranteeing bonds and aandertakings required or permitted in any
actuons or proceedings al9owed by Iaw.
IN WiTNESS WHEREOF,the Companies have caused this instrument to be signed,and their corparate seals to be hereto a#Fixed,this 3rd day of February,
2017.
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State of Connecticut
By: .��'''
City of Hartford ss. Robert L.Raney,Se€rior Vice President
On this the 3rd day of February,2017,before rree persoroally appeared Robert L. Raney,who acknowiedged himseff to be the Senior Vece President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Corcipany,and
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by s�gning on behalf of the corporations
by himseif as a duly autharized officer.
In Witness Whereof, I hereunto set my hand and offEcial seal. �a T�� —
My Commission expires the 30th day of June,2021 �y QlV,.E, (, :��;�
* �
�py��G�* Marie C.Tetreault,Notary Public
FC1"�'
This Power of Attorr�ey is granted under and by the authority of the following resolutioras adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surety Gompany, and St. Paul Fire and Marine Insurance Carnparoy,which resolutions are now in
full force and efEect,reading as follows:
RESOLVED, that the Chairman,the President, at�y Vice Chairman, ao�y Executove Vuce President, any Senoor Vice President, any Vice President, any
Second Vice President,the Treasurer, any Assistant Treas�urer,the Corporate Secretary or any Assistant Secretary may appoint Attorr�eys-in-Fact and
Agents to act for and ora behalf of the Company and may give such appointee such authority as his or her certi6icaQe of authnrity may prescribe to sign with
the Cornpany's narvoe and seal wdth the Company's seal bonds, recagnizances, contracts of indemnity, and other writir�gs obligatory ir� the nature of a
bond,recognizance,or canditoonal undertaking,and aray of said officers or the Board of Directors at any tirroe may remove any such appointee and revoke
the power given hom or her;and it is
FURTHER RESOLVED, that the Chairman, the President, ar�y Vice Chairman, any Executive Vice President, any Senior Vice President or aray Vice
Presiden�may delegate a91 or any paet of the fioregoing author4ty to one or more o#ficers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is foled in the office of the 5ecretary;and it is
FURTHER RESOLVED, that any bond, recognizance; cor,tract of i�demnity, or writing obVigatory in the nature of a bond, recognizance, or conditional
undertaking shall be valicl and binding upon the Company where(a)signed by the President,ar�y Vice Chairr�an,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assestant Treasurer, the Corporate Secretary or a�iy Assistant
Secretary and duiy attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) d�uly executed(under seai, if required)by
one or more Attorneys-in-Fact and Agents pursuant to the�awer prescribed in his or her certificate or their certificates ot authority or by one or more
Company ofFicers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the fallowing officers:Presiderat,any Executive Vice Presiderat,any Senior Vice President,any Vice
President,any Assistant Vice Presider�t,any Secretary,any Assistant Secretary,and the seal ot the Company rraay be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attrorneys-in-Fact for pucposes only
of executing and attesting bortds and ur�dertakings and other wratings obligatory in the nature thereoi,and aray such Power of Attorrtey or certificate bearing
such facsimile signature or facsimile seal shali be valid and binding upon the Company and any such power so executed and certofied by such facsimile
sognature and facsimile seal shall be va0id and binding on the Company in the future with respect to any bond or understanding to U✓hich it Es attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of Ara�aeroca, Travelers Casualty and Surety
Company,and S!. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true ac�d correct copy of the Power of
Attorney executed by said Companies,which rernains in full force and effect.
Dated this 27th day Of January , 2021 .
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Kevin E.Hughes,Assistant Secretary
To verify ths au#henl'icity of this Power ofAttornay,pdease ca/!us�t.i-8d0-421-3580.
Ptease r�fer to the above-nam�d A#torney-in-Fact and the detai/s vf the bond ta whic%r the power is attached.
SECTION 00610
Page 1 of 1
OUT-OF-STATE CONTRACTOR BOND
SECTION 00610
An out-of-state Contractor must either file a surety Bond, as provided in lowa Code section 91 C.7,
with the lowa Division of Labor Services in the amount of twenty-five thousand dollars ($25,000)
for a one (1) year period or must provide a statement to the lowa Division of Labor Services that
the contractor is prequalified to Bid on projects for the lowa Department of Transportation
pursuant to lowa Code Section 314.1
An out-of-state Contractor, before commencing a contract in excess of five thousand dollars
($5,000) in value of lowa, must file a Bond with the lowa Division of Labor Services of the lowa
Department of Workforce Development. A Surety Bond filed pursuant to lowa Code section 91 C.2
must be executed by a surety company authorized to do business in this state, and the Bond must
be continuous in nature until canceled by the Surety with not less than thirty (30) days; written
notice to the contractor and to the Division of Labor Services of the lowa Department of Workforce
Development in dictating the surety's desire to cancel the Bond. The Surety company is liable
under the Bond for any contract commenced after the cancellation of the Bond. The Bond must be
in the sum of the greater of the following:
(1) One thousand dollars ($1,000.00); or
(2) Five percent (5%) of the contract price
An out-of-state Contractor may file a blanket Bond in an amount at least equal to fifty thousand
dollars ($50,000) for a two (2) year period in lieu of filing an individual Bond for each Contract. The
Division of Labor Services of the lowa Department of Workforce Development may increase the
Bond amount after a hearing.
More information about how to file an out-of-state contractor bond can be found at the lowa
Workforce Development website at htt s:llwww,iowacontra�far, avl�ontractor-r� istration
___= END OF SECTION 00610 =___
rRavE�ER��'
VERIFICATION CERTIFICATE
License No.
Bond No.: 106297260
Current Billing Term From May ll,202o to n7ay 11,202�
THIS IS TO CERTIFY that the above referenced Bond,
lssued by Travelers Casualty and Surety Company of America
�
dated May 11,2015 , in the amount of Twenty Five Thousand $25,000.00
( ) on behalf of
TD&I CABLE MAINTENANCE,INC. (as Principal),
and in favor of lowa Division of Labor (as Obligee),
remains in effect, subject to all agreements, conditions and limitations.
Signed, sealed and dated March 16,2020
Travelers Casualty and Surety Company of America
o�"°"��`�
��na � •�....�-���/��..�
� , � By�
Russell E.Vance Attorney-in-Fact
F-307-J (10/G8)
(Rev.OS/16)
�
��������� �
POWER OF ATTORNEY
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Trevelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Trevelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurence Company United States Fidelity and Guaranty Company
St.Paul Guardia�Insurance Company
Surety Bond No. 106297260 Principal: TD&I CABLE MAINTENANCE,INC.
PO BOX 266 LAKELAND,MN 55043
Obligee: lowa Division of Labor
1000 East Grand Avenue Contractor Registration DES
MOINES,IA 503190209
KNOW ALL MEN BY THESE PRESENTS:That Farmington�asualty Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and
Guaranty Company,are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation
duly organized under the laws of the State of lowa,and that Fidelity and Guaranty Insurance Underwriters,Inc,is a corporation duly organized under the laws of
the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Russell E.Vance,of the City
of Hartford,State of CT,their true and lawful Attorney(s)-in-Fact,to sign,execute,seal and acknowledge the surety bond referenced above.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 7th day of July,2016.
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
�Rv
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9�se�''`,� �t' 1�1 � � ;;�,;��.i '�,s�az.F ; � � ��� i��
6«0� �� �_ � - _ �� &f�.�N�� y� .—� T+�` �'�,a`� �Or F � A1N�
State of Connecticut
j� `r_:..
By: ,i��`����,'-'�-����.'
�ity of Hartford ss. o ert L. aney, enior Vice resi ent
On this the 7th day of July,2016,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington
Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.
Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himseif as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal. d�
My Commission expires the 30th day of June,2021.
�('f�c�u�i�• C . �
� •`� *, arie . etreau t, otary u ic
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farminyton Casualty
Cornpaiiy,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire arid Marine Insurance Compariy,St.Paul
Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,l'ravelers Casualty and Surety Company of America,
and United States Fidelityand GuarantyCornpany,which resolutions are now in full forc.e and effect,reading as follows:
RESOLVED,that the C.hairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such app�intee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings
obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove
any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to une or mare officers ar employees of this Company, provided that each such
delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional
undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President, any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of
Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate
bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such
facsimile signature and facsirnile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is
attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmingtori Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty
Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurarue Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Cornpany do hereby certify that the
above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been
revoke�l.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 16 day of March,2020.
��- f,�-.
Kevin E.Hughes,Assistant Secretary �
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To verify the authenticity of this Power ofAttorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to
the above-named individuals and the details of the bond to which the power is attached.
Page 1 of 4
PUBLIC IMPROVEMENT CONTRACT
CHAPLAIN SCHMITT ISLAND �IBER OPTIC COLLABORATION PROJECT
THIS IIVIPROVEIVIElVT CONTRACT (the Contract), rr�ade in triplicate, dated for references
purposes the 13�h day of January 2021 between the Ci�y of Dubuque, lowa, by a#s City Manager,
�hrougl� a�athority conferred upon the City NBar�age� by its Cixy Council (City), and Utili#y Servsce
Contrac�ors (Con#ractor).
For and in consideration of�he mutcaal covenac�ts herein contained, the pa�ties here�o agree
as follows:
CONTRACTOR AGREES:
�. To furr�ish all materca� and equipmer�t and to pe�fiorm all labor necessary for the Chaalain
Schmitt Island Fiber O tic Collaborat�on Pro'ect (Project).
2. C0�9TRACT DOCfJI\lIENTS
A. The Contract Documer�ts consist of tl�e following:
1. P�-oject Tit9e Page (Sec��on 0�100).
2. Project Directocy Page {Sec�ior� 00101).
3. This Pub�ic lmprovernero� Contrac# (Sec#ior� 00500).
4. Performance, Pay�nent, and IVtaintenar�ce Bond (Section 00600).
5. �ut-of-Sta#e Coratractor Bor�d (Section 00610).
6. Other Bo�ds:
a. (Bond Name) (pages_�o_ , ir�cl�sive).
b. (Bo�d Narr�e) (pages_to_ , incl�usive).
c. (Bond Narne) (pages_to_ , inclusive).
7. The �ovora Statewide Urban Desigr� And Specifcations (SUDAS) 2020 Edition.
8. C�TY OF DU�UQUE St�ppler�aental Specificatior�s 2020 Editior�.
9. Other Standard and Supplecnen#ary Spe��fcations as 8dsted or� �he 1'it9e Page of the
Contract Document Ma�aa�al.
10.Specia� Provisions ir�cluded in t�e projec� Cor��rac� Docurnent Manual.
11.Drawings -Sheet No.1 through No. 8 (8 pages) or drawangs consisting of shee4s
bearir�g the following general t�#le:
MiTech_and_Alliant Enerqv Plans
12.Adder�da (numbers 1 to 1 inclusive).
13.Insurar�ce Provisions and Requirer�ents (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Sate Condition Information (Section 00775).
16.Constructian Schedule and Agreed Cost of DeEay (Section 00800).
17.Erosion Control Cer�ificate (Section 00900).
18.Consent Decree (Section 01000).
Page 2 of 4
19.Other Project information and Permits (Sections 01100 - 00000).
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages 1 to 1 inclusive).
b. Bidder �tatus Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00471)
ii. N/A
iii. N/A
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
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 Contractor must remove any materials rejected by the City as defective or improper, or
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 wilt 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
Page 3 of 4
and against all claims, damages, lasses 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 with any public officer, whereby it has paid or is to pay any other Bidder or
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 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 City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which
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 for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of lowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
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 Pollution 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 Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. 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, dffice of the Secretary, Part 21, Nondiscrimination in
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 into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
Page 4 of 4
CONSENT DECREE
RELATING TO THE PROJECT
14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECrJVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THERE�ORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
� THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
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, Civil 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
htt�,�llwww.cit rLofdubuque.orglD�cumentCer�terlHo��n�lViewl3173. 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 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.
Page 5 of 4
CERTIFICATION BY CONTRACTOR
The undersBgned, or� behalf o��he Cor�tractor, with fuil a��hority to act on behalf of the Contractor,
certafies to the City of Dubuque as follows:
1. I have received a copy of the Co�nsent Decree in the case of The Uni�ed States of
Aa�aierica, and the S�ate of lowa v. The C6ty o� Daabuque, lowa, C�v81 Ac�ion �lumber
Case 2:11-cv-010�1-EIVIJ, Civil ActQon Number 2008V00041, DOJ Case f�umber 90-
5-�-1-09339, Un��ed States D6s�r�ct Cour#for the CVorthern Distric4 of lowa.
2. All work per�orrrsed wBll be in �onforrr�ity w�th the provisior�s of the Co�nsent Decree.
3. All documents reports, da�a, recor�s, or other information (including doccarr�ents,
records, or other inforrrna#ion ir� elec�ronic form�) that relate in any manr�er�o the
pe�formance of ob9iga#eor�s a�r�der the Coroser�� Decree, �ncluding aruy u��erlying
research and analyticaf data, w�l� be retaine� as �equired by the Consent Decree.
4. The Contractor�grees �o defend, inderrin�€y, and hosd harmless the City, its o�ficers,
agents, mr employees from and agai�st ar�y clairns, including peraaltqes, costs and
fees as provided in the Cor�se�t Decree, relating to o� arssing o�at of the Cor�trac�or°s
failure to comply wath the Consen� Decree.
CONTRACTOR:
Utility Service Con�ractors, Inc
Cor���a�4or
N/A
Sugnata�re
�Iatt Kinney
Pri�n�ed Narne
General Manager
l'dtle
1-19-2021
Date
Page 6 of 4
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Cantractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 103,931.00
CITY OF DUBUQUE, IOWA:
City Manager's Office
De ent �
B�/: �IJC/"'�"� _
Sigr ature
Michael Van Milligen
Printed Name
City Manager
Title
January 30, 2021
Date ��
CONTRACTOR:
utili Service Contractors,Inc. __
Contract r
By: J - �z — - -- -��
Signature
Matt Kinn�y
Printed Name
General Manager
Title
1-19-2o2i
Date
I3ond No.54-236637
Page 7 of 4
PERFORMANCE PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS: That Utilit Service Contractors Inc. we,
as Principal (hereinafter the "Contractor" or "Principal") and un,cea F�re&casuaicy c�mpa„y 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 breach of any of the conditions of this
Bond in the penal sum of One hundred three thousand nine hundred thirt -one dollars and zero
cents dollars ($103,931.00), lawful money of the United States, for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or
severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the 13th day of January 2021, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the 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 manner, and in accordance with the
Contract Documents. The Contract Documents for Cha lain Schmitt Island Fiber O tic
Collaboration Project detail the following described improvements:
This project includes the installation of fiber optic conduit and associated vaults and handholes from
Carter Road to JFK Road. Locations are as indicated in the construction drawings provided by
MiTech. The conduits include 7-way future path 13/16 mm duct with orange#10 protrace tracer
wire, 1.25 HDPE SDR 13.5 duct with orange#10 protrace tracer wire, and 2" HDPE conduit in
specific locations. The conduits are directionally bored. The vaults include 48"x48" concrete vaults,
36"x48"x36" Quazite vaults, and handholes. There will be 4" and 6" sidewalk full panel replacement
required where potholing is required. The sidewalk replacement will need to be completed by
approved City of Dubuque Sidewalk contractors. The total length of the project for installing conduits
is approximately 2800 LF.
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:
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
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay 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 amounts due for labor, materials, lubricants,
Bond No.54-236637
Page 8 of 4
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, 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
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 Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of finro (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;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
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.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary nofinrithstanding, to the following provisions:
A. To consent without natice to any extension of time authorized in approved change
orders to the Contractor in which to perForm the Contract;
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 shalf 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 period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
Bond No.54 236637
Page 9 of 4
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but 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 limited to all contract or employee
expense, all equipment usage or rental, materials, testing, outside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
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
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 the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, 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.
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
joined 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 lowa 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
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Bond:Vo.54-236637
Page 10 of 4
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. 1002871
Witness our hands, in triplicate, this zoth day of Janua� , 2021.
SUI�ETY COUNTERSIGN BY: Cedar Ra id5,tA s24o�
I ,,�.... P
�- �,. ��� � .- City,State,Zip Code
Signature of Agent
319-364-5193
Rober�Kollsmith Company Telephone Number
Printed Name of Agent
500 lsl Streel SL
Company Address
Cedar Rapids,IA 52401
City,State,Zip Code
319-364-5193
Company Telephone Number
PRINCIPAL:
Utility Service Contractors,Inc. _
Contractor
By; �(,� �„�s.�.n__�,.�.__��
�
r"- —
Signature
���X`����
Prin'ted Name �
��G�L� I� �Q Vl-'t.�'e�✓
Title
FOR PPROVE�Y:
Repres ntative for Owner
SURETY:
United Fire&Casualty Coinpany
Surety Company A
gy io�,..
/r�
Signature Attorney-in-Fact Officer
I,ukas Schroder
Printed Name of Attorney-in-Fact Officer
Trueti'orth Companies
Company Name
500 1 st Street SF.
Company Address
Page 11 of 6
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney�in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
� i�NITED PIRI.',&CASUAI;I'Y COMPAI�Y,CEDAR RAPIDS,IA Inquiries: Suret��Department
� i�i�ITED 1�IRL&I1�DEMIv1'I'Y COMI'ANY,R'F;I3STEIZ,'fX 118 Second Avc SE
I�II�ANC'I�1L PACII�IC II�SL1ItANCE COMPAI�Y,RO('KLI1�,('A Cedar Rapids,IA 52401
�NSURArvCE CERTII�IED COPY OF POWER OF ATTORNEY
(origival on file at Home Office of Company—See Certification)
KNUV�'AI,I_PI:I2SONS BY"THF.SF.PRI:�ENT5,That Uruted I�ire&C'asualty Conlpany,a cor�>oration dttly organizecl and existiug uuder tl�e laws
of flze State of Iowa; iluited Fire & Ii�demriity Company, a coiporatiou dl�ly organized uid �xistuig under ihe laws of llie State of'Texas; a��d
Financial Yacific Iusurance Conipany,a cor��oration duly organized and e:cistuig under the laws of die Stale of Califomia(herem collectively called
the Companies),aud]iaving their cotporate headquarters ni Cedar Rapids,State of Iowa,does make,constitute and appouit
ROBERT L. KOLLSMITH, JACQUELINE K. PETERS, M. LYNN KIMBL�, SAMANTHA SPILMAN, JENNIFER LUSE, LUKAS
SCHRODER, JASON D. SMITH, JAMES M. SMITH, TIMOTHY J. FOLEY, DAVID M. OWEN, BRAD BENGTSON, AARON
COLLINS, LAURI A. MENEOUGH, KURT FELLER, DORA B. STEVEN$, EACH INDIVIDUALLY
their true and lawful t�tton��y(s)-in-Fact with power a�id aut�ic�rity herehy cc�tiferred to sign, seal aud execute in its belialf all lawful bonds,
undertakmgs and other obligatory instniments of sin�ilar natur�:provided that no single obligation shall exceed $75,000,000.00
aud to bind the Ct�mpa�iies thereby as fully and to the same extent a5 if such instrttmeuts were signed by the duly autl�orized officers of flie Contpanies
and all of the acts of said Attorney,pursua�it to the authority hereby given and hereby ratified and confirmed.
The Authority hereby gra�ited is contnzuous aud shall remain in full force a�id effect until revoked by Linited Fire&Casualty Company, LTnited Fire&
Indetmiity Com�any,a�id Fuiancial Pacific Insurance Conipany.
This Power of Attorney is made a�id executed pt�rsuant to and by authority of the following bylaw duly adopted ou May 15,?013,hy the Boards of
Du�ectors of United Fire&Casuahy Company,United Fire&Indenuiity Compauy,and Fuiancial Pacific Insurance Company.
"Article�'I—Surety Bonds and L'ndertakings"
Section 2,Appointment of Attomey-in-Fact "The President or any�'ice President, or anv other officer of the Companies may, from time to time, appouit by t}�ritten
certificates attorneys-in-fact to act in behalf of tl�e Companies in die esecution of policies of insurance,bouds,undertakings and other obligatory instruments af like nahire.
The signature of any officer authorized hereby,v�d the Coiporate seal,may be affiaed by facsimile to any po���er of attomey or special po�ver of attomey or certification of
eitl�er authorized hereby; such signature and seal, ���he�i so used,being adopted by the Companies as the original sigiature of such officer and tlie origival seal of the
Companies,to be valid and binding upon the Compaziies k�itl�the same force and effect as though manuall�affi�ed. Such attomeys-in-fact,subject to the limitations set of
forth in their respective certificates of authority sliall have full power to bind tlie Compuiies by their signature and execution of any such instruments a��d to attach the seal
the Companies thexeto. The President or any�'ice President,the Board of Directors or u�y otl�er officer of tlie Compaziies may at any time revoke all potver�v�d authority
previously given to any attomey-ui-fact. �
II�WITI�L-'SS R'HEREOF,the COMPAI�ILS have each caused tliese presents to be signed by its �
���a�gcas�un�,,� `�\\\\l�NDEy��//�� �,�,�aomnin��„�...
�,`�, �,�,,, ``,`4�� N,Tj,,, ,,G,F��INS�qq�, vice president and its cor�>orate seal to be hereto affixed this 16t h da of November, 2017
�Ok � °o'. c`� os .. yP:•pPPoqq �� Y
�F CORP:RATE °�p�-. �O CORP.RATE 3 `U,�'���LV22r����_
y - IiI�ITED FIRE&CASUALTY CQMPANY �
�' sEA� '`� =� SEAL <- `�. ,sBs :a= UNITED I�IRE&INDEMI�ITY COMPANY �
%o o.� c �2�::�q�� ��P F2``:
��°%��° `°�°� ����F Py�'�` ��FOp'' FII�AI�CIAL PACIFIC II�SIi�NCE COMPANY
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//11111111\\\ �//I1111111\\\� /�n1111111�1������
By: �li�..�;.��j��-�,-._,.._—t�
State of Iowa,County of Lum,ss: " ViCe President
On 16th day of November, 2017, before me personally came Dennis J. Richmann
to me laiown,who bemg by me duly s�uorn,did depose a�id say;that he resides ui Cedar Rapids,State of Iowa;that he is a Vice President of Uiiited Fire
& Casualty Company, a Vice President of Uuited Fire & Indemnity Compauy, and a Vice Presideut of Financial Pacific Insurance Company the N
corporatioits describ�d ni auci which executed the above instrument; tliat he knows the seal of said cor�orations; that the seal affixed to tlie said 9
instrument is sucli corpotate seal;that it was so affixed pursuant to authority given t>y the Board of Directors of said corporations and that he signed his I
name tliereto purs�iant to like authority,and acknowledees same to be the act anti deed of said corporations.
����� Judith A.Jones �
Q � lowa Notarial Seal
s�
• Cpmmission number 173041
uw� My Gommission Expires 4/23/2021 Notat)+Public
My c�mmission expires:4/23/2021
I, Mary A.Bertsch,Assistant Secretary�of United Fire&Casualty Company and Assistaut Secretary of United Fire&Indemnity Company,aud Assistant
Secretary of Financial Pacific Insurance Company,do ht�-eby certify that I have compared the foregonig copy of flie Power of Attorney and affidavit, and
the copy of the Sectioi�of the bylaws a�ici resolutions of said Corporations as set forth in said Power of Attoniey,with tlie ORIGINAI,S ON FTI,E IIv'THr
HOME OFI�ICE OF SAID �(?RPC)RATIOI`S, and ttiat�he sanie are correet transcripts thereof, aud of the whole�f tUe said ori�inals, and tllat tt�e said ]
Power of flttorney lias ziot b�eii revoked a�id is now�in full force and effect. �
In testimony whereof I have hereunto subscribed my name azid affixed the corporate seal of the said Corporations
this�_day�of ,�p�
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