Improvement Contracts / Performance, Payment and Maintenance Bonds_Asbury Road Fiber Optic Collaboration - Phase 3 Project Copyrighted
April 19, 2021
City of Dubuque Consent Items # 14.
City Council Meeting
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUM MARY: 2021 Asphalt Overlay Ramp Project One; Asbury Road Fiber Optic
Collaboration - Phase 3 Project
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Asbury Road Fiber Optic Collaboration - Phase 3 Supporting Documentation
Project
Asphalt Overlay Ramp Project One Supporting Documentation
SECTION 00600
Page 1 of 4
PUBLIC IMP(��VEM�N"T CqNTRACT
ASBIJFtY Rt�AD FfBER �PTIC COLLA�ORATION — PMAS� 3 PRQJECT
TMIS IMPROV�MENT CONTRACT (the Contract), m�de in triplicate, da�ted for references
purposes the 17t" dav March �021 behr��an the City ofi Dubuqu�, I�wa, by it� City Manager,
through autharity conferred upon the City Manager by its City Council (City), �nd Utilit�r�Service
Contractors (Contractor).
For and in consideration pf the mutu�l covenants h�rein contained, the parkies hereto agree
as follows:
CONTRA�TOR AGREES:
1. To furnish all material and equipment and to pertorm all labor necessary for the AS�URY
ROAD FIBER OP'TIC_G41�LABORA,TION -� PHASE 3 PROJECT (Projec�).
2. CONTRACT DOCUMENTS
A. The �ontract Documents consist af the fallowing:
1. Project Title Page (Secti�n 001 p0).
2. Project Dir�ctory Page (Section 00101).
3. This Public Improvement Contract (5ection 00500).
4. Performance, Payment, and I�Jlaintenance E3ond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Borrds:
a. (Bond Name) (pages_to� , inclusive).
b. (�ond Name) (pages_to_ , inclusive).
c. (�ond Name) (pages�to� , inclusive).
7. The lowa 5tatewide Urban D�sign And Specifi�ations (�UDAS) 2Q20 Edition.
�. CITY OF DUBUQlJ� Stapplementai Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as list�d on the Title Page of the
Contract Document Manual.
1 Q.Special Provisions included in the praject Contract Document Manual.
11.Drawings —Sheet No.1 through No. 8 (8 pages) or drawings consisting o#sheets
bearing the following general title: MiTech and Alliant Energy Plans.
12.Addenda (numbers �to _ , inclu�ive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax �xemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Constructi�n Schedule and Agreed Cost of Delay (Section 00800).
17.Erosion Cantrol Certificate (Section 00900).
18.eonsent Decree (Section 01000).
I
�
SECTION 006U0
Page 2 of 4
19.Oth�r Proj�:ct Information and Permits (Sections 01100 - OOOOQ).
20.Exhibits to this Contract (enumerated as foilows�:
a. Contractor's Bid (pages 1 t� 1 inclusive).
b. �idder Status Form (Section 00460).
c. The follvwing documentatit�n that must be submitted by Contractor prior to N�tic�
of Award.
i. Contr�ctor Background Information Form (Sectivn 00471)
ii. N/A
iii. N/A
21.The following which may be delivered or issued �n ar after the Effective Date afi the
Agreement:
a. Notice to Proceed (Section Q0850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agre�m�nt).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, ar supplemented as provided in General Con�iitions.
3. All materials used by fihe Contractor in the Project must be af the quality required by the
Contract Documer�ts and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any m�terials rejected by the City as defective or improper, nr
any of said work condemned as unsuitable or defectiv�:, and the same must be replaced qr
r�done to fihe satisfaction of the City at the soie cast 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 fin�! completion and acceptance vf the Project by thc City Council to pay any claim
by any party that may be filed far labor and materials dc�ne and furnished in connection with
th� performance af this Confiract and for a longer period if such claims are not adjusted within
that thirty (30) day peric�d, as provid�d in lowa Code Chapter 573 or lowa Cade Chapter 26.
The City will also retain additional sums to protect itself against any claim that has b�en fil�d
against it for damages to persans or�roperty arising through the prosecution of the work an�
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise dispos�d pf.
6. fihe Contractor has read and ur�dersfiands the Contrac� Documents herein referred to and
agrees not to p��ad misunderstanding or deception related to estimates of quantity,
character, location or other conditions fpr the Project.
7. In addition ta �ny warranty provided �or in the specifications, the Contractor must also fix any
ather defect in any part pf the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's ma�ntenance bond will be security for a p�riod af twa years
after the issuance of the Certific�te of Substantial Cor�npletion.
8. The Contractor musfi fully complete th� Project under this Contract on ar before the date
indicated in ti�e Construction Schedule and Agreed C�st of Delay Section of the Cantract
�ocuments.
9. lNDEMNI�I�ATI(JN F��M THIRD i�ARTY CLAIMS. To the fuHest ext�nt permitted by law,
Contractor shall d�fend, indemnify and hold harmless City, its officers and employees, from
SECT1pN On�00
Page 3 of 4
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses vf t,he parties to this ��ntract, including
but not limited to attorneys'fees, arising out of ar resulting from p�rformance of this Contract,
providEd that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, �r injury to or destruction of property, including loss of use resulting there
from, but only to the extent caus�d in whole or in part by negligent act� or omissions of
Contractor, or anyc�ne directly or indirectly employed by Contractor or anynne for whose acts
Contractor may be liable, regardless of whether or not such claim, damag�, loss vr expense
is caused in part by a party indemnified hereunder.
10. Th� Contractor h�reby represents and guarantees that it has not, nor has any other persan
for or in its behalf, directiy or indirectly, entered in#o ar�y arrangemenfi or Contract with any
other Bidder, or vu�ith any public nfficer, whereby it has paid or is to pay any other Bidder or
public officer any sum of maney or anything of value wh�tever in order to obtain this Contract;
and it has not, nor has anather person for or in its behalf directly �r indir�ctly, entered into
any Contractor arrangement with �ny other person, firm, corporation or association which
tends to or does less�n or destroy free competition in the award of this Contract and agrees
that in case it hereafter b� 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 les� than $2,000.00 (Twa Thousand �ollars) ta the City.
11. The surety on the Band furnishe� for this Contract must, in additipn to all other provisions,
b� obligated to th� extent provided for by lowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agre�s, and its Bond is �urety therefore, that after �he Gerti�cate of
Substantial Corripletion has been issued by the City, it will keep and maintain the Project in
good r�pair for a period of two (2) years.
13. The Project must be construct�d in strict accordance with the requirements of the laws of th�
State of lowa, and the t�nited States, and ordinances ofi the City of Dubuque, and in
accordance with the Contract Documents.
A. Ail applicable standards, orders, or regulations issued pursuant to th� Clean Air Act of
1970 (42 U. S. C. 1958 (H} et. s�q.) and the Federaf Water Pollution Act (33 U. 5. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regul�tidns (40 CFR, Part 15). Contractor must camply with Section 103 and
147 of the Contract Work Hours and Safety Standards Act (40 U�C 327-330) and
Departrn�nt of Labor Regulations (29 CFR, Part 5).
B. The City of Dubuque in accordar►ce with Title VI of tMe Civil Rights Acfi of 1964, 78 Stat.
252, 42 U.S.C. 2000d�2000d-4 and Title 49, Code pf Fed�ral Regulations, Department
of Transportatiqn, Subtitle A, Office of th� Secr�#ary, Part 21, Nondiscrimination in
Federally as�isted 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 ag�inst on the grounds of race, color, natior�a! origin, sex, age, or disability
in �onsideration for an award.
SECTION 00600
Page 4 of 4
CONSENT DECREE
RELATING TO THE PROJECT
14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER 8� RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS S�CTION ARE
APPLICABLE.
��_ CITY CONTRACTOR
{y) THIS CONTRACTOR IS NOT PE�FORMING WORK FOR THE CITY OF DUBUQUE
r��' RELATED TO THE WATER & RE50URCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECR�E 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, Civii 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 atl 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:IJwww.Gityofdubuque.arglDacumentCenterlHamelVi�w13�73. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the
City must provide copies af 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.
SECTION 04600
Page � of4
THE CITY AGR�ES:
15. Upon the completion of the Contract, and the acceptance ofi the Project by the City Counci�,
and subject to the requirements of law, the City agrees to pay the �ontractor as full
compensatian for the complete performance of this Contract, the arr�ount determined for
the total work completed at the price(s) stafied in the Cantractor's Bid Proposal and less
any Agreed Cast �af Del�y provided for in fihe Contract nocuments.
CONTRACT AMOUNT $ $31,826.00
GITY OF DUBUQUE, IOWA:
City Man�ger's Otfice
pepart ent -- - — -- —
�Y�.� _ �� �w�, _ .� _._ -�.
5iyirit arr:
Michael C. Van Milligen
Printed Name �
City Manag�;r - ___---.
Title - - - --
April 7, 2021
Date �
GQNTRACT4R:
Utifity Service Contract�rs
Contractor �
>-
By: � -� .__.
Signa#ure
Matt Kinney
Printed Name
General Manager
Title � v
3-30-2021
f�ate
SECTION 00600 Bond No.54-231,649
Page 6 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Utility Service Contractors, Inc^ , as Principal (hereinafter the "Contractor" or
"Principal") and
United Pire&Casualty 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 thirty-one
thousand ei ht hu red t ent -six doll rs and zero cents
($31,826.00), 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 17th day of March 2021, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with
the Contract Documents, and to faithfully perForm all the terms and requirements of said Contract
within the time therein specified, in a good and workmanlike manner, and in accordance with the
Contract Documents. The Contract Documents for ASBURY ROAD FIBER OPTIC
COLLABORATION — PHASE 3 PROJECT detail the following described improvements:
This project includes the installation of fiber optic conduit and associated vaults and handholes on
Asbury Road as shown in the construction documents provided by MiTech. This project will have a
BASE BID and ALTERNATES 1 which are additive to the base bid. The base bid includes 2 - 1.25"
HDPE SDR 13.5 duct with orange #10 protrace tracer wire bored together. There will be 4" and 6"
sidewalk full panel replacement required where potholing is required. The sidewalk replacement will
need to be completed by approved City of Dubuque Sidewalk contractors. The total length of the
project for installing conduits is approximately 1200 LF. Alternate 1 is an additive to the base bid and
includes one 7-way Duraline Future path 13/16 mm duct with orange #10 protrace tracer wire pulled
in with the base bid conduits.
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-wi#:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay and expense incurred by the Owner by reason of the
Contractor's default of failure to perform as required. The Contractor shall also be
responsible for the default or failure to perForm as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
SECTION 00600
Page 7 of 4
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 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 nofinrithstanding, 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 8 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 wil� 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,
SECTION 00600
Page 9 of 4
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.
Project No. 1002871
Witness our hands, in triplicate, this 31St day of �a=�h 2021.
,
SU COUNTERSI N Tit�e
FORM APPROVED BY:
Signature of Agent !/
Rep sentative for Owner
Robert L.Kollsmith
Printed Name of Agent
500 lst Street SE SURETY:
Company Address Uniled Fire&Casualty Company
Cedar Rapids,IA 52401 Suret Company
City,State,Zip Code B� �]. � �� •'
��
319-364-5193 gnature Attorney-i Fact Officer
Company Telephone Number Samantha Spilman
Printed Name of Attorney-in-Fact Officer
PRINCIPAL:
TrueNorth Companies
Utility Service Contractors,Inc. , Company Name
Contractor
500 lst Strcet SE
By� —��� Company Address
Signature
) Cedar Rapids,IA 52401
�c�1C � `/�`n e � 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 as listed on the Certificate or Power of Attorney accompanying this
Bond.
e LTNITF.,D I�IIZI:&CASlIAL'I'Y COMPANY,CLDAR RAPIDS,IA Inquiries: Suret��Department
� LTNI7'EI�FII2E&IIvI�LMIv'ITY COM}'AT�Y,�'EBS7'ER,TX 118 Seconcl A��c SE
I'INAI`CIAL PACIFIC I1�SLiRANC1:COMPANY,ROCKI,IN,CA Cec�arRa�ids,IA ,52401
NSURANCE CERTII�IED COPY OF FOWER OF A1"I'QIZNFY
(original on file at Home Office of Conlpany—See Ceriification)
K�;C)V6'ALL PFRSONS BY THESE PRI:SEI�TS,"I'hat Iinited I�u•e&Casualty Conipany,a cor��oration duly orga�iize�i a�id existing iuider tl�e laws
of the State of Iowa; Uuited Fire & Indemnity Compa�iy, a co�oratioit duly orgauized �nd existing under the laws of the State of Texas; a�id
Finaucial Pacific Insurance Conipauy,a cor�5aration duly ocganized aud existuig under ilie laws of ttie State of California(herein c�llectively called
the Companies),and having their corporate headquarters ni Cedar Rapids, State of Iowa,does make,constitute and appouit
ROBERT L. KOLLSMITH, JACQUELINE K. PETERS, M. LYNN KIMBLE, SAMANTHA $PILMAN, JENNIFER LUSE, LUKAS
SCHRODER, JASON D. SMITH, JAMES M. SMITH, TIMOTHY J. FOLEY, DAVID M. OWEN, BRAD BENGTSON, AARON
COLLINS, LAURI A. MENEOUGH, KURT FELLER, DORA B. STEVENS, EACH INDIVTDUALLY
their Uue and l,�wful !\ttot-ttey(s)-ui-Fact with paWer and authc�rity hereby cani'en-ed to sign, seal and execute ui its behalf all lawful bonds,
undertakings and other obligatory instntments of similar nahu�e provided kliat no single obligation shall exceed $75,000,000.00
and to buid the Compaiiies thereby as fully and to tlie same extent as if such instn�ments were signed by the duly authorized officers of flie Companies
and all of the acts of said Attorney,pursua�it to the authoriry hereby given and hereby ratified and confirmed.
The Aufliority hereby ga-auted is contniuous and shall remain in full force and effect until revoked by United Fire&Casualty Company, Linited Fire&
Indenuiity�ompany,and Fuiancia(Pacific Insurauce Compauy.
This Pawer t�f Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards oi
D'u•ectors of iJnited Fire&Casuahy Company,United Fire&Indemnity Compa�iy,and Pniancial Pacific Insurance Company.
"Article�'I—Surety Bonds and LTnde��takings"
Section 2, Appointment of Attomey-in-Fact. "T7�e President or any Vice President,or any other officer of the Companies may, from time to tune, appoutf by��Fritten
certificates attomevs-in-fact to act in behalf of the Co�npanies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nahire.
'Ihe sig�iatiire of any�fficer auiltorized hereby,a��d the Coiporate seal,may be affixed by facsimile to any po«�er of attomey or speciai poiver of attomey or certification of
either authorized hereby; such sigiature a�id seal,�vhen so uszd,being adopted by the Companies as the original signature of such officer and the original seal of the
Companies,to be��alid and binding upon the Companies ti��ith the same force and effect as thougJ�manually affixed. Siu:h attomeys-in-fact,subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind d�e Companies by their sig,�iature and execution of any such instruments and to attach tlie seal
the Companies thereto. The]'resident or any\'ice President,the Board of Directors�r any other officer of the Companies may at any time revoke a(I po�ver and authority
pi�eviausly given to any attomey-ni-fact.
II��'ITItiLSS V�'HERI;OF,the COMPAI�IES have each caused these presents to be signed by its
;�"`s'�;s�"''�,,, ,,.�k;�No���;"'�,,,, ,.�""'iNs°"'�.,,, vice president azid its corporate seal to be hereto affixed this
��`kti4�' �'��.� �4.o- N�ri'�.� �,c`�Pc�F�a'p�A9qyc�,� 16th d3y Of November, 2017
o: �- ;Q � 9r �: �
�� CORPORATE �� �w CORPORATE 3,� _Q.'2�' Fp:n%
_ a_ _ ,_ �u�vzz o= ITT;ITED FIRE&CASLiALTY CnMPANY
cx —•— xc =z —.— �_ _i: i_
;'� SEAL �� =� SEAL <- ;2.,�, 'se6\p;=` UI�;I"fED FIRE&INDEMI�ITY CUMPANY l
�''���'a 5�°�``�� �°%oFe xPyo�`\ � 9��F�P?' ```�`` FII�AIVCIAL PACIFIC INSLiRANCE COMPANY
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By: t�:�
State of Iowa,�ounty of Linn,ss: ��Vice President �
On 16th day of November, 2017, before me personalty came Dennis J. Richmann
to me known,who bemg by me duly sworn,did depose a�id 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 Fina�icial Pacific Insurance Company the
corporations deseribed 'm and which executed the above insttument; that he 1.7iows the seal of said corporations; that the seal affixed to the said
uistrument is such corparate seal;that it was so affixed�iursuant to authority given by the Board of Directors of said coiporations and that he sigtied his I
name thereto purs�iant t�like autliority;and aclrnowledges samt to be the act and deed of said corporations.
��a+e d Judith A.Jones �
o � lowa Notarial Seal
_ .
• Commission n�mber 173041 Notary Public
ow► My Commission Expires 4/23/2021 My commission expites:4/23/2021
I, Mary A.Bertsch,Assistant Secretary of United Fire&C'asualty Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant
Secretary of Fuiancial Pacific Insurance Company,do hereby certify that I have compared the foregonig copy of the Power of Attorney and affidavit, and
the copy of tl�e Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGIIvALS ON FILr II�'THE
HOMF,nPFICE nF SAIT)Cf)RPnRATIONS, and tltat the sa�ne are coirect transcripts thereof, aud of the whole of tlle said originals, a�id that the said
Power of t�ttorney has not been revoked atid is now irt full force and effect.
In testi�ony whereof I have hereunto subscribed nry uame and affixed die co�orate seal of the said Corporations
this���day of �'�.� ,,20J=.
�PN\&ucws�pq��O ����d�i�N�oeM�ii., ��oaPG INS�R',.
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