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Signed Contract(s)_Public Improvement Contract: Asbury Road Fiber Optic Collaboration - Phase 1 Project Copyrighted January 19, 2021 City of Dubuque Consent Items # 15. City Council Meeting ITEM TITLE: Signed Contract(s) SUMMARY: Public Improvement Contract:Asbury Road Fiber Optic Collaboration - Phase 1 Project SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Asbury Road Fiber Optic Collaboration - Phase 1 Supporting Documentation Project PUBLIC fMPR�VEMENT CONTRAC7 ASBUaY RO�AD FIBER OPTIC COLLABORATION — PHASE 1 PROJECT THIS IMPROVEMENT Ct7NTRACT (the Contract), made in triplicate, dafied for references purposes th� 14� day of ]��.cember , 20 20 betwe�n the City ofi Dubuque, lowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Utility Service Contractors, Inc. (Contractor). For and in cansideration of the mutual covenants herein cantained, 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 COLLAB4RATION —�PHAS 1 F�ROJECT (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title P�ge (Section 00100). 2. Project Directory Page (Sectian 00101). 3. This F'ublic Improvement Contract (Section 00500). 4. PerFormance, Payment, and Maintenance Bqnd (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. Other �onds: a. (Bond Name) (pages_to T , inclusive). b. (Bond Name) (pages_to_ , inclusive). c. (Bond Name) (pages_ta_ , inclusive). 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2020 Edi#ion. 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. 5 (5 pages) or drawings consisting of sheets bearing the fallawing general title: MiTech and Alliant Energy F�lans. 12.Addenda (numbers_to_ , inclusive). 13.Insurance Provisions and Requirements (Section 007p0). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Condition Information (Ssction 00775). 16.Construction Schedule and Agreed Cost o�f Delay (Section 00800). 17.Erosion Control Certificate (Section 00900). SECTION 00600 Page2of6 18.Conser►t Decree (Section 01 D00). 19.Other Project Information and Permits (Sections 01100 - OOQ00). 20.Exhibits to this Contract (enurnerated as follows): a. Contractor's Bid (pages 1 to 1 inclusive). b. Bidder Status Form (Section 00460). c. The follawing 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 (5ection 00102). c. Change Orders (Not attached to this agreemen�). There are no oth�r 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 Prdject must be of the quality required by the Contract �Jocuments 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 sol� cost�nd sxpense of the Gontractor. 5. F'ive 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�ouncil to pay any claim by any party that may be filed for labor and materials dane and furnished in connection with the perform�nce 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 additiona! 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 claim� 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 maentenance bond wil� be security for a p�riod of two years after the issuance of the Certific�te of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indi�ated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFfCATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shail defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, lasses and expens�s 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, foss or exp�nse is attributable to bodily injury, sickness, disease or death, or injury to or destructinn of property, including loss of �se 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 indir�ctly employed by Contractor or anyane for whose acts Contractor may be liable, reg�rdless of wMether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 10. The Contractor h�reby represents and guarantees that it has not, nor has any other p�rson 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 rnoney or anything of value whatever in ord�r to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indir�ctly, entered into any Cnntractor arrangement with any other person, firm, corporatian or association which tends to or does lessen or destroy free competition in tt�e award af this Contract and agrees that in case it hereafter be established that such repr�sentations or guarantees, or any of them are false, it will forfieit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Twa 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 �73.6 relating to #his Contract, which provisions apply to said �ond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificafie 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 s#rict 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 t�e Contract Documents. A. All applicable standards, arders, or regulations issued pursuant to th� Clean Air Act of 1970 (42 U. S. C. 1958 (H) �t. 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 C�R, 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 af Labor Regulations (29 CFR, Fart 5). B. The City of Dubuque in accordance with Title VI of the Civif Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal l�egulatians, Department of Transportation, Subtitle A, C?ffice of the Secretary, Part 21, Nondiscrimination in �ederally assisted programs �f 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 �fforded full opportunity to submit bids in response to this invitatior� and will n�t be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. SECTION 00600 Page 4 of 6 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 REC�VERY 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-01A11-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 http://www.cifvofdubuque.or /c�Do�urrsentC� iome/View/3173. 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 w�rk 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. CERTIFICATION BY CONTRACTOR The �andersigned, on beha0f of the Contractor, wi#h fuli authori4y to act on behalf of the Contrac�or, certifies �o the City of Dubuque as #oGlows: 1. 9 have received a copy of#he Consent Decree in the case of The Unoted States of America, and the State o� I�wa v. Ti�e City of Dubuque, lowa, Civel Action lVurrober Case 2:11-cv-01011-ENIJ, Civil Act6on N�nnber 2008V00041, DOJ Case Nura-iber 90- 5-1-1-09339, United States D6strict Co�rt for the Northern District of 9owa. 2. A9B woo-k performed woB6 be ir� confocmity wi�h t�e provisions of ti�e Cor�sent Decree. 3. AIR doc�ments reports, data, records, or other informat�on (inc6uding doc�aments, records, or other in�ormation �n eRec�ronic form) that relate i� any rnanner to the performance of oblogations c�nder 4he Conser�� Decree, ic�cluding a�ay underlying researc&� and analytBca9 data, woll be retained as required by the Consent Decree. 4. Tt�e Corotrac�or agrees to defer�d, indemnify, and hold harrnless #he City, its officers, agerats, or er�ployees fro�n and aga�r�st any claims, including penalt6es, costs and fees as provided �n #he Conseo�4 Decree, relatang to or ariseng o�t of the Con�ractor's failure �o cnmply wit6� the Consen� Decree. CONTRACTORo �A . ._ ..�. ConQr cta � By: Sigc�a#ure Matt Kinney Pri�ated�Varne General �anager Tutle 12-17-20 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 corr�plete performance of this Contract, the ars-iount 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 i� the Contract Docur�ents. CONTRACT AMOUNT $89,909.40 CITY OF DUBUQUE, IOWA: City Manager's Office Dep rner�t BY: �� �'� �� Sign t��e Michael C. Van Milligen Prar�tred Name City Manager Title �� January 5, 2021 Date CONTRACTOR: Utility Service Contractors,Inc. Contr ct r L By. Sigroat�are Matt Kinney Printed Narne General Manager Tit6e 12-17-20 Date ___= END OF SECTION 00500 =___ _ �,,.r_ SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 � Rond No.54-234544 KNOW ALL BY THESE PRESENTS: That we, Utilitv Service Contractors, Inc„ as Principal (hereinafter the "Contractor" or "Principal") and Unitcd Fire ti�Casually Company , 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 eighty-nine thousand, nine hundr�d nine dollars and zero cents ($89,909.00), 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 t4�" day of December , 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 ASBURY ROAD FIBER OPTIC COLLABORATION — PHASE 1 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 instalfing 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. SECTION 00600 Page 2 of 4 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 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 por#ion 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. SECTION 00600 Page 3 of 4 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. 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 SECTION 00600 Page4of4 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. Project No. 1002871 Witness our hands, in triplicate, this 16th day of Decembcr 2020. . SURETY COUNTER$,�GNED Y: 500 lst Street SE � `°—`�. '� � ' Company Address --�. �- .r Signature of Agent Cedar Rapids,IA 524ot Robert Kollsmith,TrueNorth Companies City,State,Zlp Code Printed Name of Agent 319-364-5193 500 lst Street SE Company Telephone Number Company Address Cedar Rapids,IA 52401 City,State,Zip Code 319-364-5193 Company Telephone Number PRINCIPAL: Ulilily Service Contractors,Inc. Contractor By: �/(,✓�.�a..==�_n-,a-tr—=. _.�..��.__� Signature -""" - ���.1��n 2 Prin ed Name { '��v1 e�CG.1 tWl.c.�.S e t Title � FORM APPROVED BY: �� U���� Representative for Owner SURETY: Uniled Fire&Casually Company Suret Company � : v, , ignature Attorney- -Fact Officer Samantha Spilman Printed Name of Attorney-in-Fact Officer 1'rucNorth Companics Company Name e UI�ITED FIRI;&CASiIALTY COMPAI�Y,CEDAR RAPIDS,IA Inquiries: Suret�-Department � iTlv'I7'EI2 I�II2E&IIvI31:MNITY CQMAANY,V�T.BSTER,T'X 118 Second A��e SE I�II�AI�C'IAL PACII�IC INSUItAl�l(;�CUIvIPA1v'Y,ROCKLIIv,CA Cedar Rapids,lA ,"i2401 E*ERTIHIED�OPY OF POWER OF ATT(1RI�I-�Y hSIJRANCE (ariginal on file at Home Office of Company—See Certification) KNOW Al<L PFRSONS BY THESE PRESF.T�TS,"I'hat United Fire&Casualty Company,a corporation duly organized ana existing under tlie laws af the StatQ of Iowa; United Fire & Ipdemnity C��mpany, a c�rporation duly organized and existing ui�der the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under ttte laws of the State of Califomia(herein collectively called the Companies),and having theu corporate headquarters ui Cedar Rapids,State of Iowa,does make,constit�rte and appoint ROBERT L. KOLLSMITH, JACQUELINE K. PETERS, M. LYNN KIMBLE, SAMANTHA SPILMAN, JENNIFER LUSE, LUKA$ SCHRODER, JASON D. SMITH, JAMES M. SMITH, TIMOTHY J. FOL�Y, DAVID M. OWEN, BRAD BENGTSON, AARON COLLINS, LAiJRI A. MENEOUGM, KURT FELLER, DORA B. STEVEN$, EACH INDIVIDUALLY their hve aiid lawful Attonrtey(s)-iin-Fact with power and authority hereby couf`erre>d to sign, seal and exeeute in its behalf all lawful bonds, undert�kings and other obiigatory instruments of similar naiure provided ihat n�single obligation shall exceed $75,OQO,000.00 and to bind the Companies thereby as fully and to flie same e�ent as if such instruments were signed by the duly authorized officers of the Com}�anies and all of the acts of said Attorney,pursuant to the authoriry hereby given and hereby ratified and confirmed. The Aufliority hereby grantea is cantinuous and skaall recu�ain in full force and effect until revoked by United Fire&Casualty Campany,Uzxited Fire& Indenniity Company,and Financial Pacific Tnsurance Company. This Po�ver�f Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013, l�y the Boat-ds of Directors of United Fue&Casuahy Company,United Fire&Indemnity Compuiy,and Fniancial Pacific Insurance Company. "Article VI—Suret,y Bonds aud i'ndertakings" Sectiop 2, t�ppointment of Attomey-in-Fact "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by ta�ritteri certificates attorneys-in-fact to act u�behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instnxments of like nature. The signature of any officer authorized hereby,a�id the C�iporate seaf,may be af�ixed by facsimile to any po�ver of attorney or special power of attorney or certification of either authorized l�ereby; such sign�ture and seal, cvheii so used, being adopted by the Companies as the original signature of such�fficer and the original seal of the Companies,to be valid and binding upon the Companies with the same f�rce and effect as though manually affixed. Such attomeys-in-fact,subject to the limitations set of forth in their respecti��e 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 the Companies thareto. The President or any�'ice President,the Board cif Directors�r any other officer of the Companies rnay at any time revol�e all po��rer and authority pre��iously gix'en to any attomey-v�-fact. IT�V�'ITItiESS u'HERt�OF,the COMPAI�IES have each caused these presents to be sig,ned by its ,,,••�B�+s��;�,,,� ``�\4�pil1HD6MN,T� \��C'�NS(/q4, vice president and its corporate seal to be hereto affixed this 16t h da �` �o, .,, �,�� QpG.OftP�q9 y�''�.� y Of November, 2017 �� �QRI'ORATE �% � w CORPORATE �g, :2V �Fp c�� z _�._ ; � ���Y�z ;�_ iTNITED FIRE&CASUALTY C(>MPANY '' s�n� Y� =' sEnc '= =6 '9B6 .a'� UNITED FIRE&INDEMI�ITY CbMPANY % � e � � "2.'r o''(/FOPN�Pil2\`. �'��;�,�,�eRl�;fl"a• �'�,;;�esrtaz"��o`��` ;,, ��� � �,. FII�AI�CIAL PACIFIC II�SURANCECOMPANY %,������„�,,,,,. � � By: �� ' State of Iowa,County of Linn,ss: Vice Presiaent On 16th day of November, 2017, before me personally came Denni� J. Ri�hm�nn to me Irnown,who bemg by me duly swom,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the cotporatious described 'm artd which executed the above instrument; fllat he knows the seal of said corporations; that the seal affixed to the said inst�-ument is such corporate seal;that il was so affixed purst�ant to�uthority�iven by the Board of Du�ectors of said corporations and that he sigued his name thereto pursuant to like authority,and acknowledges sam�to be the aet and deed of said corporations. ��a+ed Judith A.Jones � s � lowa Notarial Seal Commission number 173041 Notary Public ow►. My Commission�xpires ai23l2o21 My commission expires:4/23/2021 I, Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistai�t Secretary of Umted Fire&Indemnity Company,and Assistant Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and 1 the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINAI�S ON FII,E IN�'HF, I HOME nFFIC:E(?F SAID CORPORAZ'IONS, and that tlie same are correet transcripts thereof, and of the whole ef ttie said originals, and that the said I Power of Attorney has not been revaked uid is now in full farce and effect: � In testimon whereof I have he unto subscr}'�ed my name and affixed the coiporate seal of the said Corporations this��day of��Q�i __,20�._. p,,,�u��c�h,riy aHwuniiu ,,,u,uiNg%„q, . rt CWU,�4��� \����y.iNoe,yN�T�' G�F\Gp0 Uqq i�. ��q��� - � oo�y �`,�.�'� �: qP GpR Rq�,yG'�,�_ F I^ �� CORPCIRATE �Y_ a CQRPORATE 3_ Q��_�ULY 22 � p= `A I�/�� ��J / �q{- `'i�,^�!-n ie LI . 5 7 � K C j —� = ,a'. 1986 ,y? BY' I ���C V l �. Y SL/u.�K/V �.''�Q SCAL .o � 'i.q,� SEAL y t`: :2�•�.�' /FOP.P�2� ASS1S��llt SeCTe�12�� �p aC``: .�y q� �\ �`� ,'''��R 1111\1�```` '''���111 11111������� ��/ ���1 �,,,,,,,,,,���� UF&C& lTF&I&FPIC � BPOA00491�17 ��,:.�..:�,�:: �.......:�:��<<;,,�:>>:�.:�:!•,y�:��.:�r::..ar��s ;�,��;i F�antograph. �