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Improvement Contracts/Bond_Horsfield Construction-Lake Eleanor Rd. Lift Station Copyright 2014 City of Dubuque Consent Items # 14. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Horsfield Construction for the Lake Eleanor Road Lift Station and Water Main Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Horsfeld Construction Contract and Bond Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 Lake Eleanor Road Lift Station and Water Main Project THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 6t" day of October, 2015 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Horsfield Construction, Inc. (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 Lake Eleanor Road Lift Station and Water Main Project (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 7. Project Title Page (Section 00100). 8. Project Directory Page (Section 00101). 9. This Public Improvement Contract (Section 00500). 10.Performance, Payment, and Maintenance Bond (Section 00600). 11.Out-of-State Contractor Bond (Section 00610). 12.Other Bonds: a. (Bond Name) (pages _to _ , inclusive). b. (Bond Name) (pages _to _ , inclusive). c. (Bond Name) (pages _to _ , inclusive). 13.The Iowa Statewide Urban Design and Specifications (SODAS) 2015 Edition. 14.CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 15.Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual 16.Special Provisions included in the project Contract Document Manual 17.Drawings —Sheet No. A-1 through No.W-2 (17 pages) or drawings consisting of sheets bearing the following general title: Lake Eleanor Road Lift Station and Water Main Project 18.Addenda (numbers 1 to 1 , inclusive). 19.Insurance Provisions and Requirements (Section 00700). 20.Sales Tax Exemption Certificate (Section 00750). 21.Site Condition Information (Section 00775). 22.Construction Schedule and Agreed Cost of Delay (Section 00800). SECTION 00500 Page 2 of 6 23.Erosion Control Certificate (Section 00900). 24.Consent Decree (Section 01000). 25.Other Project Information and Permits (Section 01100). 26.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages_to _, inclusive). b. Bidder Status Form (Section 00460). c. Contractor Background Information Form (Section 00471) d. The following documentation that must be submitted by Contractor prior to Notice of Award. i. ii. iii. e. None. 27.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Five percent (5%) of the Contract price 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 Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 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 i i SECTION 00500 Page 3 of 6 paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa 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. i 13. The Project must be constructed in strict accordance with the requirements of the laws of. the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 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). SECTION 00500 Page 4 of 6 B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon d Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). I CONSENT DECREE RELATING TO THE PROJECT l 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. TI CITY <R 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 h SECTION ARE NOT APPLICABLE. 'I Iil The City has entered into a Consent Decree in the case of The United States of America, and the I� State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained j 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.cityofdubuque.org/DocumentCenter/Home/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 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 l 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 SECTION 00500 Page 5 of 6 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 it 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 State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. I� 2. All work performed will be in conformity with the provisions of the Consent Decree. I 3. All documents reports, data, records, or other information (including documents, ] records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: r � �, a ontra r By: Signature coA o Printed Name CJ Title / 10 ate 9 4 yY q y SECTION 00500 Page 6 of 6 t u THE CITY AGREES: J 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 $ 399,881.75 !i CITY OF DUBUQUE, IOWA: City Manager'Manager'§ Office Department it By: Signature Michael C. Van Milligen Printed Name City Manager Title Date VIIICONTRACTOR. Contrac r B : Y ig ature Printed Name I f Title l0/7//-5 Date END OF SECTION 00500 i tf SECTION 00600 Bond No. 54205393 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Horsfield Construction, Inc. as Principal (hereinafter the "Contractor" or "Principal") and United Fire&Casualty Company as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all per-sons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Three Hundred Ninety-Nine Thousand Eight Hundred Eighty-One and 75/100 dollars ($ -----399,881.75------ , 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 6th day of October 2015, (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 Lake Eleanor Road Lift Station and Water Main Project detail the following described improvements: Lake Eleanor Road Lift Station and Water Main Project, CIP# 7102350, 7401411 This project will include the construction of a sanitary sewer lift station and approximately 1,400 linear feet of 4" HDPE force main. The lift station will be located along Lake Eleanor Road, adjacent to Truck Country. The force main will extend to the East, crossing U.S. Highway 151161, and connect to an existing manhole located on Digital drive in the Technology Park. This project also includes extending approximately 930 linear feet of 12" water main from the East side of U.S. Highway 151/61 to the West, along Lake Eleanor Road. This extension will connect to an existing water service for Truck Country, 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 SECTION 00600 Page 2 of 4 Contractors 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. ti 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 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 Iowa 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. II 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; SECTION 00600 Page 3 of 4 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. 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 Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of 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. SECTION 00600 Page 4 of 4 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 Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it 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. 7102350, 7401411 Witness our hands, in triplicate, this 9th day of October 2015. SUR CUNTE FORM AP Signature* f'Adei Abigail R. Mlhr Representativefor Owner Printed Name of Agent SURETY: 4200 Corporate Drive, Suite 160 United Fire & Casualty Company Company Address Surety 0 ny A West Des Moines, Iowa 50266 City,State,Zip Code By: . Sig ature tear ey-In-F ct icer 515-309-6200 Company Telephone Number Abigail R. M M hr Printed Name of Attomey-in-Fact Officer PRINCIPAL: United Fire & Casualty Company Horsfield Construction, Inc. Company Name Contracto 118 Second Ave SE Company Address By: Ignatorie Cedar Rapids, Iowa 52407 City,State,Zip Code Printed Name 319-399-5700 Company Telephone Number Title \J NOTE: SECTION 00600 Page 5 of 4 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. END OF SECTION 00600 ;l UNI'F1EI7rlFIRE&CASLtALTY COMPANY,CEDA.)Ei1ZAPIII ,"IA .. UNIT 1)'1{IRE&IIVpEM1 rry COMPANY,WEB TER;°I"X"." Inquiries 5U)e;ty , epa�rtw6nt IF FINANCIAL PALM INSURAN 11 COI�PANY;"1tUC LIN,CA 11S Second Ave SE CERTIlp COPY OV:POOF ATTIJRNE 11 Cedar Rapids,LA. 524U1 . (original on file at:16me Office of Company_Sep Cert.1 1:"fedi) KNOW-ALL PERSONS BY THESE PRESENTS,'That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing-under. th_laws ofthe State of Iowa UNITZ I7 FIRE,WINDEIVINITY COMPANY a corpQxation"duly"organized and existirig"under flue Iaws of the Stato of.. `Texas, aitd FINANCIAL PACIFIC INSIJRANC6 :1 * *A, : a:corporation duly`orgaiiized and:"eitistmg under the. a, s pf'[he.State"of California (herein olleetlyel called the CoriipanieS and having tlicix,corpprnfe headclnarters in Cedar R� ids,State"bf Iowa dais make constitute and a Dint yy �}}�� Pp JQxN;w AH.EkDLD elft JOHN R FAY, 012;; I WENS _tNTNER, f R JENNIFER:STARK' " OR MATT .FAY QR;:LAURI MENEQUGH, .t7,R, ABIGAI"L R ..MOHR OR .MAT D.E,2 OTE',`, AI.L IiNDIUIDUALLY;<of'WEST DESi, MQIN:, IA I. fiheir true and 14,u .'Actor,ey(s.)=in Fact u tTh power and authortty.horeby conferred to sign seal and"_ _cute:in ItsII"liellalf ali lawful bs�nds tlnderC lztngs and other obhgatoxy instnumeiut.,ofsitntlar n Luxe provided that na:single ol?ligatTon"sl14l,exceed 1 QQ,"pL10 000 (7(1 ' and io bind the Companie"s thereby as fully and to the same exteint'as if such instruments were-signed`by tlie,,uly antllorized"officers of the"Companies and"allpf°the""acts of said"Attom6y';°pursuant to the authority"hereby g"iven dud]erenyratifaed"and couflrmed. 'lie Autl rt..Hereby granted isI cantmuous and shall remain iii hull farce and effect z# I.-re�ole_d by UNITED'FIRE 4z CASUALTX COIUIPANY , UNft FIRE";&INDE1vINITY COMPANY AMID 1lNANCIAI":PACIFYC'T_ ' RANC�"C)Ml?"NY. This.Pgwer"of Attorney is iiia,_and'execute11.11 Id pursuant to and"by atuthox ty of the follo`i" . bylaw duly adopted ori May 1 ; 2-113-by the Boards of :b t. of UNITED'FIRE &CASUALTY COMPANY;UNITED FIRE'& INDEMNITY COMPANY;'and FINANCIAL`"IiACIFIC"INSURANCE:'` COMPANY. ' `°Article VI—Surety Bonds and Undertakings" .' Sectiots 2,.Appointment of Attorney-in-Pact. "The President or any Vice President, or any other officer of the Companq.icsanay fxom time ta.; ttme� ppora t by written certificates attorneys-in-fact to act in behalf of the Corrtpanies in.the execution of polictes oY insurance; bonds'11?.' nndertaki..gs>and other obligatory instruments of,like nature. The signature of any,officer authorized"hereby, and the CotpoCate seal,:may be; affixed by facsimile to any power of attorney or Special power of attorney or certification of either authorized hereby;such signature dud sea::: j when so used,being adopted by the Companies as the original signator_of such officer arid:the original seal of the Companies to be t olid and; bmdirrg`upon the Companies with the sam_force and effect as though:n anualty affixed. "Such attorn_ys-in-fact;subject to , bi'lanitations Sef forth in their respective certificates of authority shall have full power to bind"the Companies by Their signature and execution of"any"such instruments and to attach"the seal of the Companies thereto. The"President;or any"Vice President,the Board of Directors or a1.ny,other officer of the Comparie1.s may at any time revoke all power;and authoxity pxeviously given to any attorney-in-fact. �ikt 11171/1/ `,, � szu r+ „+Np6rV J u++ r7 nu„ IN WITNESS WHEREOF,the COMPANIES hav_each cans_d°thes_presents to be signed by"its �, 4� ,Tk I'll LSF c iNsuq§ ` vice" xesidentand°its co orat_•s_a1 to be hereto°affixed this 14,f h day of Fepruar 2014 ,� ,Q11-03LgY13 meq• 18 ��QP�pPPUp4,'�e� p Y } "conroanrE 3 Q z Fo UNITED.FIRE&CASUALT.,Y COMPANY SEAL �, 5�L t r d " ,986 a UNITED FIRE&INDEMNITY COMPANY li�w' ''+ftiriri�+�t'`�+` %r;i nn oo\` , c(/FOPN�P t2; FINANCIAL PACIFICINSURANCE COMPANY"" J"h�"I 11111+"O State of Iowa,County of Liam,ss: Vice President ::Oro" 11th da .o 'ebruar 2014 before me ersonall came Dennis J. Richmann y f Y, P Y to tris known ilio bemg:.;by me duly sworn,slid depose:and sayx that he r_sides to Cedar Rapids,,State of Iowa that h_is a Vice"President of UNITED!; ''I p1RE"&CASUALTY"COMPANY,a Vice President of 17?>lITED"FIRE&INDEM11;.NITY COMPAN ;and"a Vice President of F1NAI�CIAL PACIFIC1.:: IN ,COMPANI 11Y the corporatioins described in°and wfiich execute d-fie above"instrument;that he knows th"e seat, said corporations;'that the; seal affixed.to the said instrument:is such corporate seal that tt was;so affixed pursuant"to authority.given.by.fire Board of"Directors.of"saicl corporations 1. and.ilia-he signed jus name thereto puxsua,t toJR.like authority and acknow r%.ges same to be the act and deed of said eprporatiot s +e Maty A3ert5ch o Iowa Naisriai seal is Cornmission number 71373 : 1. L� Notary Ptibltp. ° [Ywh My Ctsmml5sirtTt Expires 10/?6120:16 11 Icy commission expires 1 Q/26/2D 1- t I,"David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of°UNITED TIRE&INDEMNITY 1.COMPANY,` ' I Assistant Secretary of FINANC1Al I':1CTFIC":INSURANCE% COMPAN dq Yterehy c rttfy that I have compar._d the foregomg copy of the Power;: of Attoriney and11.111"affidavtt,and the copy of the Section of the bylaws:and* ,I.,taons of said Corporate tuns, .,set forth"'iii said Power of Attorney;with the; ORIGINALS`ON"FI LE IN TREE TOME OFFICE OF SAID'CORPORATION RATIONS and that the"same.are correctTranscripts thereof,and o the w7.hole of the; said origiiialS,acid that"the said:I'otuer of At­41torney etas not"been revoked and is now iii fiull foroe and effect. . Irt t_sti aiony"�vlzereo: I have hexounto subscribed, .dame and affi3' d the corporate seal o ,the said"Corporations this day ofI. QctI 20� . /J „1u+++nnu R'T C eoRC'tt STE. ca ro end =c� S��Y 22,F° By 0��4 '7 SER1.I M ?> $£AC '� 1986 le,,p f^�) 71RR1n5~*�1* 4yr�`s7F[t T��Ht`y� i. `\� Secretary,UP&C. : ' 1 �Ilt7/u1tr+"� {rglrulu+tt�!` ' rAow , !}41°' I. %1. Assistant Secrekary,UF&sUFPIC BPOA004t 0115' I ` .' . i .: