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Improvement Contract/Bond_Portzen Excavating_SRF Green Alley Bid Set 1 Year 3 SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 SRF GREEN ALLEY PROJECT BID SET 1 - YEAR 3 THIS IMPROVEMENT CONTRACT the Contract), made in triplicate, dated for references purposes the1-0101W-k- of J£ ,NaT th t of Dubuque, Iowa, b its Cit Manager, ..�. Y N Y Y , through authorit conferred upon the City Manager by its City Council (City), and Contractor aa: r� tion, Inc. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto j agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the SRF Green Alley Project Bid Set 1 —Year 3 (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. This Contract (Section 00500). 2. Performance, Payment, and Maintenance Bond (Section 00600). 3. Out-of-State Contractor Bond (Section 00610) if needed 4. Other Bonds: I a. (Bond Name) _(pages_to_ , inclusive). b. (Bond Name) (pages to , inclusive). i c. (Bond Name) (pages_to_ , inclusive). 5. The Iowa Statewide Urban Design and Specifications (SUDAS) 2015 Edition. Ij 6. CITY OF DUBUQUE Supplemental Specifications 2014 Edition. 7. Other Standard and Supplementary Specifications as listed on the Title Page of Contract Document Manual i 8. Special Provisions included in the project Contract Document Manual 9. Drawings —Sheet No.A.01 through No.W.10— or drawings consisting of sheets bearing the following general title: _SRF Green Alley Project—Various Locations Year 3 Bid Pack 1_ G s 10. Addenda (numbers 1 to 2 , inclusive). 11. Insurance Provisions and Requirements (Section 00700) 12. Sales Tax Exemption Certificate (Section 00750) 13. Site Condition Information (Section 00775) 14. Construction Schedule and Agreed Cost of Delay (Section 00800) i SECTION 00500 i Page 2 of 6 l 16. Erosion Control Certificate (Section 00900) 17. Consent Decree (Section 01000) 18. Other Project Information (Section 01100) 19. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 2, inclusive). b. The following documentation must be submitted by Contractor prior to Notice of �I Award. i. ii. c. None. 19. The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). E b. Change Orders (Not attached to this agreement). 20. 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 an of said work condemned as unsuitable or defective and the same must be replaced or Y � p 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 it 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 Iowa Code Chapter 573 or Iowa 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. i 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 p 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 M indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. i SECTION 00500 Page 3of6 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, City shall defend, indemnify and hold harmless Contractor, its officers and employees, from j 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 Agreement, 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 City, or anyone directly or indirectly employed by City or anyone for whose I� acts City may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. f i 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 an sum of money or anything of value whatever in order to obtain this p Y Y Y g 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 Iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. i! 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 j 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 Iowa, 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 Ii 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). i B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). l i SECTION 00500 Page 4of6 �I I CONSENT DECREE RELATING TO THE PROJECT 14. r 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 1 APPLICABLE. CITY a= 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 Iowa v. The City of Dubuque, Iowa, 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 Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://www.cityofdubuciue.ori/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. j. 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. I' i 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 1 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. I SECTION 00500 Page 5of6 IIS CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, it certifies to the City of Dubuque as follows: I !I 1. 1 have received a copy of the Consent Decree in the case of The United States of it America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- l 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. ,j 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. li 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. li CONTRACTOR: Portzen Construction, Inc. Contr or By: Signature Michael J. Portzen I Printed Name II Vice President Title l June 2, 2015 Date i. i ii l f I r i 9 i I SECTION 00500 Page 6 of 6 i 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 F 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 h any Agreed Cost of Delay provided for in the Contract Documents. P CONTRACT AMOUNT CITY OF DUBUQUE, IOWA: City Manager's Dffice Department By: Signature Michael C. Van Milligen Printed Name City Manager Title Date I" P: l �i. CONTRACTOR: Portzen Construction, Inc. j Contrac , By: Signature Michael J. Portzen i Printed Name i Vice President Title ° June 2, 2015 k Date I 9 1 i =====END OF SECTION 00500===== I 54-205130 SECTION 00600 Page 1 of 4 I 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND i! SECTION 00600 KNOW ALL BY THESE PRESENTS: II. That we. Portzen Construction, Inc., as Principal hereinafter the "Contractor" or "Principal") and as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who j jakbe inured bb an breachof an ofthe conditions of thisBond in the penal sum of I, nine dollars (s , ), awful 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. I!. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the , day of (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 SRF GREEN ALLEY PROJECT — BID SET 1 — YEAR 3 Project detail the following described improvements: SRF GREEN ALLEY PROJECT BID SET 1 —YEAR 3 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 h 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, 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 SECTION 00600 Page 2 of 4 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 j obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. j r 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: I 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 two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in j workmanship, equipment installed, or materials used in construction of said work; G 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 f 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. i 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice 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; I C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. t The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: G r f f� I y SECTION 00600 Page 3 of 4 j 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 j 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 Iowa. 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 h Owner all l the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the 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 l 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 Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it i SECTION 00600 Page 4of4 has no generally accepted meaning in the construction industry, it shall be interpreted or construed 1 J according to its common or customary usage. h 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. SRF Green Alley Project — Bid Set 1 —Year 3, CIP 7102450 Witness our hands, in triplicate, this „ day of , 2015. SURETY COUNTE IGNED BY: FORM APPR D BY: Signature of Agent / Mark J Phalen Representat'xX for Owner Printed Name of Agent 880 Locust St - Ste 200 SURETY: Company Address United Fire & Casualty Co. Surety Company Dubuque, Iowa 52001 �- City,State,Zip Code By 563-556-0272 Signature Attorney-in-F t Officer Company Telephone Number Terrance J Friedman p Y p Printed Name of Attorney-in-Fact Officer PRINCIPAL: Friedman Insurance Inc Portzen Construction Inc Company Name Contractor 880 Locust St - Ste 200 Company Address By: Signature Dubuque, Iowa 52001 Michael J Portzen City,State,zip code Printed Name 563-556-0272 Vice President Company Telephone Number Title i NOTE: i 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. f 2. This Bond must be sealed with the Surety's raised, embossing seal. k 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 END OF SECTION 00600 a P i n i 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 Iowa Code section 91 C.7, with the Iowa 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 Iowa Division of Labor Services that the contractor is prequalified to Bid on projects for the Iowa Department of Transportation pursuant to Iowa Code Section 314.1 An out-of-state Contractor, before commencing a contract in excess of five thousand dollars ($5,000) in value of Iowa, must file a Bond with the Iowa Division of Labor Services of the Iowa Department of Workforce Development. A Surety Bond filed pursuant to Iowa Code section 91 C.2 f 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 Iowa 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 f 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 ($50,000) for a two (2) year period in lieu of filing an individual Bond for each Contract. The Division of Labor Services of the Iowa Department of Workforce Development may increase the Bond amount after a hearing. 'i G l F =====END OF SECTION 00610===== pk P F UNITED FIRE&CASUALTY CO1'VTPANI' CEDAR RAPIDS,`IA UNIEI3FIRE&TNbEMNTY COMPANY, 'EBSTER,.T7 Inquiries• Surety Department FINANCIAL PACIFIC INSUIIANC.E COMPANY;ROCKLIN,CA II8 Second A.e SE 1. CERTIFIED COPY OF POV�'ER'OF ATTORNEY' Cedar Rapids,IA 5201 Original on file at$orne Office of°:ompany—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That"UNITEDTIRE&•CASUALTY COMPANY,'a corporation duly organized and existing under the laws of the'"State of Iowa UNITED FIRE&INDEMNITY COMPANY;a corporation"duly organized and e.I t ngun4er.thw. aws of the State of `Texas, and FINANCIAL PACIFIC INSURANCE'°"COM::k_K';a oo.*. rat on duly org' ized and e tstmg"under the laws af;,the State of California " herein collectively called the Com pp�an resl,and havi1 theineorporate headquarters in:Ce: Rapids State.of Iowa;does make,constitute and appoint .. 1 ER AiNCE J s FRIEpf ;f7R SCOTT".A, fJf OU I OR;;MARK..J;:. PHALEN, pLE IN[l.IUTL�UALLY of; DiJBtlQUE` IA' 1 I : tlte>r.Prue and Fawful Atforne sin Fact with ower and authori hereb epnferred to s� sear and 1 xecute in its behalf aiI lawful bonds undertakm s YO p y g ..- g an ©ther''ohhgatory Anstrurnettks"ofsnxltlar na2ure.provided.that no,single abl gatson shall exceed $54,.000;000 00 and to bind the Companies thereby as fu11y and to.the same`extent`as ifsuch,mstruments"were"signed by the duly authorized officers of the Compames and all of the acts"of said Attorney,pursuant to the authority:hereby""giveu and hereby,xatifled and coiifirrned The Autlanty Beeby granted is continuous and shall remain in futl.farce anti effect unttl reyal�ed bytTNITED;IAIRE&'CASUALTY COMPANY} ii UNITEI2!FIRE&INDEMNITY C,OMPAIIY ANIS FINANCIAL PACIFIC.INSURANCE.C.t?MPANY This Power pf Attorney is made and"executedpursuant to-and by authority of the followg bylaw duly adopted ori May 15: 21113 by the Boards of Directors of:UNITED;FIRE"&'CASUAL Y COIVIPANY;`UNII ED FIRE 8i INDEMNITY CO1vIPANY,-and FINANCIAL PAt IFiG-INSURANCE COMPANY. "Article VI—Surety Bonds and Undertakings" i Section=2 Appointment of Attorney-in-Fact. "The President or any Vice President, or any,other officer of the Companies"Wray,fr10 tune to time appp�nt:.by written certificates attorneys-in-fact to act in behalf of;the Companies m the'ececution of policies of insurance, bands uridertakmgs.iimd other obligatory instruments;of like nature. The signature of any officer` authorized liere'by, and the Corporate seal;,may be!!, ' aMh d by facsimile to any power of attorney or special power of attorney or certification of.either authorized hereby;such signature"aid seal`; when sti used;being adopted by the Coinpanies.as the original signature o f such officer arid`the original seal of the Companles to be uand and bindtng'`upori the Companies with the same force,and effect- 11 as.though manually affixed: Such attorn11 Ieys m-,, t,subject to the%hmitatrons'set forth in theii respective certificates of authority shall`have,full power to bind,the Companies by their signature and execution:of any"such instruments,and to attach the seal',of the Companies thereto. The President oI'llr"any YiI -1ce President,the°Board of.Directors or'anyother offi'eOf he Compames may at any.time"r`evoke all power"and authority previously"gven to any attorney-in-fact " 11: I 11 �� �Utlu�lly�: .i " 11 . " r11 - _ �Z� .As ;'�1. .,, ��,,u�IN-4,� E���u,,, �,,,a�+�����«���,,,, IN WITNESS WHEREOF;the COMPANIES have each caused these presents to be signed by its 1 ' .;�o%" :rti+4�� ;'. ��'� �,:- .� pflRRq%,,vice president,and-its corporate seal to be hereto affixed this 1'5't h d:ay� of Octob2r 2013 ':CORPORA`,. Fj Laid o ,Q GO RT - 1 . =F CORPORATE _Q,'��+ FO c+ -1 I A D�Yz� o= UNITED FIRE 8i CASVA,LTY COMPANY SEAL; " sant t -s 1996'' a Z UNITED FIRE&"INDEMNITY COMPANY 'Ra''+1.14 "0�� /��'"u�mm��°°� =?on9�FOP?`P<° FINANCIAL,PACIFIC INSURANCE'"COIUIPANY �,,,,unuuuno� By. 9n__%_.� -;�_, State oflowa,Count1.y of Linn,ss: Vice President 0n 1t"h clay of October, 2013, before me personally came Dennis J. Richmann ­11 to ine known who being by me duly 1.sworn .did°depose and say;that he resides m Cedar R" ids I.State of Iowa that he rs a Vice President of UNITED; FIRE_&CA COMPANY,a Vice President of UNITED FIRE&INDEMNITY C.OMPANI.I' and"a`Vice President of FINANCIAL PACIFIC: I 11INSURANCE COMPANY the,corporations described in"and which;executed the above instrument;that lie knows"the'seal.ofe said corporations;,that the seal affi1. xed to the,said instrument1."is such corporate.seal,that rt was'so off d pursuant to 1.auth1.anty given by fi1Ze Board of Directors of said"corporations and that he signed lire name t1'tereto wsuant to lie=autha Ti and acknowl"eziges same"to be"the act and deed of said corporat>ons dpi+e� MasyA Bertsnh ` LI X. _ 1. Cauua Noltnat Seal l +. CoinFntsslon number 913273 �� ,e Notary Public; r. My Comtnlsslttq EXry1Tes:10I26.,_ E6 NIy coIniAsslol�expires: 10/26/2t)16 I,David A Langp Secretary of UNITED"FIRE&:CASUALTY COMPANY and.Assistant Secretary of"UNITED FIRE&INDEMNITY COMPANY,` and Assistant Secretary of FINANt IAL PACIFIC INSURANCE CflMPA31Y,do hereby certifJ.y that F have compared the foregoing copy"o tka F1. awer of Attorney and affi1.davit,sand the copy of the Sec"tion of the bylaws,and resolutrons of said Corporations.as sr t forth.in said Power of A;ttorney,wttb the' 1. ORIGINALS ON'FII E IN THE HOME OFFICE OF SAII COR ,: 1. :I 1. jDNS,and;that the,same are'correct transcripts thereof,and of the"whole of the.: I.said ori­41ginals;'anti that.tlie,said POwer of Attorney has not."beep rc�olfed arid'is now ni full force and e1.ffe­11ct In testruiony v fitf.pof T have hereunto subscribed,my name.and affixed thecorporate seal of the said"CI 1, orporat ons this rJ�h day of it ah ,2fl "�' *,��`,g cA8,1k;�'�i�'� p�iiKouUNA�i `�\�XG{4N3'� '� 'S '`"'gyp edr1. I11 N 4 c�i ��.y4 �.r-� .r QP�pF1P0.(3gJ.Off, 1 CORPORATI; COIFPORATE;3. a DULY 2Z fi0 O g. 2 G 1995 :. L �y t�, SEAL: I. S£AL '�r Z GAP .2X. c� T ' 11 :,!,% N7\�o C ''',�I.lM4milif`,`` � '1FOQN`L`"�` J&retary,lTF&�' ".. Assistant Secretary,OF&I/FPIC' BPOA0049 0115 {