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Contract/Bond_Utility Service Contractors_Lower Bee Branch Security Network Project Copyrighted February 17, 2020 City of Dubuque Consent Items # 20. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUM MARY: Tricon General Construction for the Finance Department Construction Remodel Project; Utility Service Contractors for the Lower Bee Branch Security Network Project. SUGGESTED DISPOSITION: ATTACHMENTS: Description Type Contract and Bond - Tricon Contstruction, Inc. Supporting Documentation Contract and Bond - Utility Service Contractors Supporting Documentation �6 SECTION 00500SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 LOWER BEE BRANCH SECURITY NETWORK PUBLIC IMPROVEMENT PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 10th day of January, 2020 between the City of Dubuque, lowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Utilitv Service Contractors (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 Lower Bee Branch Securitv Network Public Improvement 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. P�rFormance, F'ayment, and Maintenance Bond (Sectior7 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 Specific�tians (SUDAS) 2017 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2017 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. C000 through No. C502 (18 pages) or drawings consisting of sheets bearing the following general title: 12.Addenda (numbers 1 to 3 , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). SECTION 00500 Page 2 of 6 15.Site Condition Information (Section 00775). 16.Construction Schedule and Agreed Cost of Delay (Section 00800). 17.Other Project Information and Permits (Sections 01100 - 00000). 18.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to 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 00470/00471) ii. iii. 19.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 Cor�tract 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 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. SECTION 00500 Page3of6 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 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 whethsr or not s�ach claim, cl�mage, 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, arid 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 and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, 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). SECTION 00500 Page 4 of 6 D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in 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. 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 #�ttp:llwww.cityafdubuque.orglDocuir�entC�nt�rlHamelView13173. 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 SECTION 00500 Page 5 of 6 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: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the �tate of lowa v. The City of Dubuque, lowa, Civil Actian 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, incliading penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: N/A Contractor By: Signature Printed Name Title Date SECTION 00500 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 $ 259,414.00 CITY OF DUBUQUE, IOWA: Cit Mana er's Office Department By: Signature Michael C. Van Milli en Printed Name Cit Mana er Title � � Date CONTRACTOR: Utilit Service Contractors Contrac r By: i� Signatu — .� C�"�,s�n, c.1_ ��P� Printed Name Title � ��6�,�� [� Date ___= END OF SECTION 00500 =___ SECTION 00600 Bond #54-228883 Page 1 of 4 PERFORMANCE PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Utilit Service Contractors , as Principal (hereinafter the "Contractor" or "Principal") and Un�i t� Fi ,-P & ,�a�,�. Com��.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 Two hundred fift -nine thousand,four hundred fo�.�rteen and 00/100 ----•�--�--------dollars ($ 259,414.00 ), 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 10t'' day of Ja- nuary, 2020, (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 Lower Bee Branch Securitv Network Proiect detail the foflowing described improvements: This project consists of the construction of approximately 10,000 feet of fiber-optic conduit and micro-duct with 5,600 feet of fiber-optic cable and 5,300 feet of electric conduit along the Lower Bee Branch Creek. Two new network cabinets will be installed and integrated int� the City-wide network. A total of 21 cameras will be installed for security. A new irrigation controller, back flow preventer, and 130 linear feet of 2-inch copper water service will be constructed. 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 Contrac;t 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, 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 a 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 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 two (2) year(s)from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; 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 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; 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. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: 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. SECTION 00600 Page3of4 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 �romises �f 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 of this Bond. � I 1 SECTION 00600 Page 4 of 4 Project No. 3401654 4X0007 Witness our hands, in triplicate, this 22nd day of January , 2020. SURETY COUNT�SIGNED BY: Title � FORM APP ED BY: ��� � Signature of Agent -- Aaron Collins Represent ve for Owner Printed Name of Agent 500 1st street SE SURETY: Company Address Cedar Rapids, IA 52401 Unite� Fi�� & Casualt_y Comp�ny Surety Company City,State,Zip Code ( 31 9) 364-51 93 By� Signature Attorney-in-Fact Officer Company Telephone Number Lukas Schroder _ Printed Name of Attorney-in-Fact Officer PRINCIPAL: f _ TrueNorth Companies, LC l'� � f' `'�� Company Name Contractor By� � � �� 500 1st Street SE � �� Company Address Signature ,� �� Cedar Rapids, IA 52401 �-� ` City,State,Zip Code Printed Name ( 319 ) 364-5193 Company Telephone Number 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 a� listed on th� Certificate or F'ower of Attorney accompanying this Bond. ___= END OF SECTION 00600 =___ m t1Iv1'ITI)l�I[�f'.8r C'�1Si��1:lY C()N1�AI�Y,CI:I3AK IZAPII)S,[A Inquiries: Suret}'Depare►nent � � [m1'1'I;I)FIRE cYz II�IjFA�II�;t'I'S'�UMPAi�Y,V�`1:B5'�'EI2,TX ll$Second A��e SE I�II�AI�CIALf'AtI�'1(:II`titJR4I�C'1'C'c.)MI'AI�Y KOCKI,II�,t'A CedarRapicls,IA 92401 � NSURAt�C� i'}.R'1'IFIF.I�tOPY()k�P()�'ER C?I�AT"1'f)I�1`l:�' (original ou fi(e�t Iiame Office of Comp�niy—5ec C'�rtii'icatlon) Khnw'AI.L PFRSOI�.�'s f31'THF.SF FRI;sI:I�'I'S,�'lxat i�iui�ef Fire c�f;asualty�Con��ana•,a eo�oration cluly�rganized ancl exi�tat�under the la��� �f fhe State df']o�va; tTnited Fire & Iticl�mitit} ('ot�i�a��y, a corj>oration �ul}' �rgaYiited a�id exi�tni� uncier tli� la�s's of the State of"I'exas; aucl Financial Pacific Insurance Cbm�any', a�oi�aoration�iul�'�rgauiz��i aud�:tis2i�tg under the laws o�'the St�te of C�tifcititia (herein coliectiv�lti•called tlie(:c�mpanieti),and ha�-iiig th4ir corporute headc�u�rt�rti a�C'edar Ra}�id4,tita#e of Io«�a,do�s makc,caiistitute and appc�uit ROBERT L. KOLLSMITH, JAGQUELIN� K. PET�I�S, DE�QRAH D. HAHN, M. L:YNN KIMBL�, SAMAN7HA SPILMAN, JENNIFER LUSE, LUKAS SCHRODER, JASON D. SMITH, JAMES M. SMITH, TIMOTHY J. F�LEY, bAVID M. OWEN, BRAD BENGTSON. AARQN COLLINS, LAURI MENEOUGH, EACH INDIVIDUALLY their true aaid law'ful Attoniey(s)-in-�act w'tth pou'c�r atiti aut�ic�rity° h�reliy� conferred to sign, seal and e�s>cute in its beI�aif a1I latvful bondti, undertakuig�anc3 other obligator}•insUumitnt��of similar natttre prca�•�cied t}iat i�o sinel�:c�bligati�n s}iall�xceed $7�a,�00,OQO.0� � and to bind the('ompanies therehy a,ti fully aud to tl��:sa�e extznt as if such u�stniments�•ere sigi�ed by'tlie duly'authori�ed officers of tl�e Comp<uaie� � and atl c�f tl�e acts of said Attc�r�tey,pursuant to tl7t auClioriiv hereby gi�'en a�a�i ht;reby rati�iei3 an����oi�f'irm�d. Tlie Autltarity�hereby�arant�d is continuou�tuid shall remau� ui iull force a�id effect ui�ttl revaked b}• Ltnited I^"i�e&C&sualty t�mpany, linited Nire& Indemnity Campauy,and I�niaucial Pacific Insurance Company. 'I'his Yow�r uf Attorney is made aud executed purs�iant to and Uy audiority of the follownig Uylaw duly adopted on May 15,?013,.k�y lli�Boarcis of � llirectors of L[�n�;a J�ire&Casuaky Company,Llnrted F ire&Indenmity Company,and Fuiancial Pacific Insurance Company. "Article�'I—Surety Bonds and i"ndertakings" $ection 2, Ap}�ointment of Attomey-in-Pact. "The President or any Vice President, or a�i} other officer of the Companies�nav', from time to time, appouit by�tritten certi�icates attonzuys-'vi=fact to act vt behalf of tlie Companies in the executi�n of policies of insurance,Monds,undertaldngs and other ol�ligatory nistritme�ts�f like�iatUre. Tl�e signature fif�ny ofEicer authorired herel�u,and the Coiporate seal,rnay�be AFfixed by fac;i�nile to a�iy�je����er of attomey ar special power of attontey or 4ortification of either at�thoii7ecl liereby; such signature and seal, «�hen ;� u;ed,bc;ing adopted t�y the Coinpanies as tlie original sie�lature of such officer and the original seal of tihe CompaniCs,to be ti�alid azid bincling upon the Com�anies���ith tlle sa+ne fc�ree a�ad effeet as tliough manuall��affixecl. Such attonieys-in-facT,subjeet to the limit�ttic�ns set�f fi�rth in iheir respecti�e certificates of authority shall hace fiill power to biltd tt��Coinpanies by iheir sigiature a»d execution of any sucl�vistnim�uts.and to attach tkte ti�al tlie C,`ompa�ii�s thereto. `llie President or any�`iee President;the Board c�f Directors e���any Qtlier officer Uf the Companies may�t any time re��oke all..poiver and nuthority� 'pret7ousli gi�en ttr any�attorney-ui-fact. II�R'ITI�I'.SS V�TII:ItI:OF,the�OMPAI�IES havz each caused these presents to bc tiigned hy its �,,;nun,n„ ��awunu„ ,,,u��m�„ � � ,,• �r�� ��.: ,,,•�`,�,N��M;��., ,a� ' vice retiident a�id its co o�ate seal tc�be hereto affiYed fliis � .°`4+� "'t'o''. .�;�4 vr�''o .�`��pG�F\x,pOUAq'j',, p � 16th day of Nvveiriber, 2Q17 o�• ' c:,.0� AAp�'�.'; ..;: . =� coneonnrE '�' �° °� F -- . = eorsroan�re �,' a o o= =�' a= _- ` ' ,��rz? �= UI�ITI;D FIRI;&CAStTALTY COIVIPANY ; —•— Z= :z —•— �_ �z: �_ SEA� �' SEAL t, -6 �ees a; ITT�;I7'ED PIRF'.&INDFM�ITY COMPAI\Y A� ?.2'•..O P 2: '•�4`� ����, :``F y•�•` ,;y ,�,FOP"; <�,;- F17`r1IVCIAL PACIFIC II�SIiRANCE C(JIv1PAiti�` /�RAPNS\\�� '��//BSTLRTEY"��� ' '; /�'�i7111111t\\\\ ////111111111\\\ �/irlllllll�\������"`\ � . . �J'• �r�.y.� r �; Statz of Iowa,C ounty of I,nui,ss: Vice Presideut On 16th day of November, 2017, before me personally came Dennis J. Richmann to me l,uown,w•ho bemg by me dul�•s��•orn,did depose and say;that he resides ui Cedar Rapids,State of Iow�a;that he is a Vice President of[�nited Fire & Casu�lty Companti, a�Vice Presuient qf LJ�titeei Fire � lndemnity Com�>any, an�3 a Vice Presideiat �f��uiancial Pacific Insurance Compan�• $ie �orporatiuxis �{escribed 'ni att�i �11ic1� ere�ute�i th� abo��e iutitrunient; ttiai lxe kii�ws die se�l af said corporations; tliat tl�z seal affixe�i to the ti�id in�ulent is such co�5�ratc�eal;that it w•as so affixed�ur�ltant#��utlt�}rity given b}�th�I3oard af D�r�;ciots t�f�ad corpQrations and tl�a[he si�ned his nanle tl���reto pursuaiit to liki;aitthority-,and acknowl�iges sanie to he the Act and deed of�id cs�rp�ratio�i�. �atit� Judith A Jor�es � � i � loWa Nofari9l S�al e ' commission number 17aoa1 1�otat}•Puhlic owF My Gommission Expires 4/23/2021 M}'commission expirts:4 23 2031 I, Mar}•A. 13ertscli Assist�iut S�'cr�tar}'t�f t Itiited Fire� Casualty C�ntpau}'vici A��ista�xt Secretary of I�iute�l Fu•e&In�iemnity�ornpany,and Asyistant S�cretary�f N'inancia112�ci1'ic lusur�iee Con�p�iy,do herehy°c�rtify thai I lia��e cur��ar�d�e Pnre�oin�copy�of the Pov�'�r o�Attoittey�and affidavit,and tlie copy�di tlie S�;tic�n af ttle b�la���,�zd rtt�ititions of s�id C�a�oratioais a��t faith in said Pow•�r�f Attor�ic}',w�ith the�RIU.IT�AI,S CJI�FII.F�I�'I�E1F H�]bTE OFFi('I: (>I� SAII7 CnI2Pf)RA'I'IOT�S, and that ih��anic;�re con•ect transcripts th�xcof, aild c�f tlie ti'hole oi�liie 4uid oriQ'vial�,, �ncl tliat the sai�I 1'o�r�er of Attorney lias iiot h��n reeoked a�id i�no��, in fuli for�e�n�i effe�t. In tes�timont��hereof I hav�hereunto sul�scrib�ci my�nam�:anei atfixed t�ie coiporate seal of the said Cot�oratious iliis_�_da�'of��I! ..s- �0 ��7, `�*�,��mnnn� .��ww��u„y 3 ---- J tt���j��i� `�����&��°"'�ut�g���iG�. `\�C�4.:NS�yq�. . �•`4�q�' ♦�� 44v. .�_. Y�ry 2 . QQ.GC�ppDqqr�� . '� CUxP9nnre 3 _ ec)xeonarE ; . `t =���Y �� �' � � y �}� 4�u2^'v"` -` _ 2� O= {;`I�'�s�� �� -n,•— Z- �J �•— _6 �95s a e �Y� / jZ, �� , �� � SCAI �,� AFAL y �+ p, 2 . %.F a � 5 Y ��iFOPN '� E�SSistatll Se�i'eT�tYti�, ',''O��R 11111�Po`,` ,'���llllll m��"� °qiunumcuua`". , tif�'�tC 8�Lik&I&I�PIC i BPOA0049 1217 l�his paper h�s a colored background and void pantoyraph.