Loading...
Improvement Contract/Bond_Hawkeye Electrical_City Hall Electrical Service Copyright 2014 City of Dubuque Consent Items # 34. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Hawkeye Electrical for the Dubuque City Hall Electrical Service Project; McDermott Excavating for the Heeb Street Retaining Wall Project; SAK Construction, LLC for the FY 16 (Cl PP) Sanitary Sewer Lining Project; Top Grade Excavating for the Key West Drive Reconstruction Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Hawkeye Electrical Contract and Bond Supporting Documentation McDermott Excavating Contract and Bond Supporting Documentation SAK Construction, LLC Contract and Bond Supporting Documentation Top Grade Excavating Contract and Bond Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 DUBUQUE CITY HALL ELECTRICAL SERVICE PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 11th day of March, 2016 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Hawkey Electrical (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 Dubuque City Hall Electrical Service Proiect (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. The Iowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition. 6. CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 7. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual 8. Special Provisions included in the project Contract Document Manual 9. Drawings—Sheet No.E0.0 through No.E5.1 (06 pages) or drawings consisting of sheets bearing the following general title 10.Addenda (numbers 1 to 2 , inclusive). 11.Insurance Provisions and Requirements (Section 00700). 12.Sales Tax Exemption Certificate (Section 00750). 13.Construction Schedule and Agreed Cost of Delay (Section 00800). 14.Erosion Control Certificate (Section 00900). 15.Exhibits to this Contract(enumerated as follows): a. Contractor's Bid (pages 1 to 5, inclusive). b. Bidder Status Form (Section 00460). c. Contractor Background Information Form (Section 00471) SECTION 00500 Page 2 of 6 16.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 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 I extent caused in whole or in part by negligent acts or omissions of Contractor, or SECTION 00500 Page 3 of 6 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 a 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 J Project in good repair for a period of two (2) years. 13.The Project must be constructed in strict accordance with the requirements of the laws of the State of 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). B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. SECTION 00500 Page 4 of 6 CONSENT DECREE RELATING TO THE PROJECT 14. F—] 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 '` a CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at httr)://www.cityofdubuque.ora/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 analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any .documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. i i SECTION 00500 Page 5 of 6 CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 1. 1 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. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, 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: d ntractor By: Signatu e / 1 Printed Name &4wo ae ,e° t'tG/1 anal e2 Title a r 3//7/ Date SECTION 00500 Page 6 of 6 THE CITY AGREES: 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 28,915.00 CITY OF DUBUQUE, IOWA: City Mana er's ffice Department 9 By. Signatur Michael C. Van Milligen Printed Name City Manager Title Date CONTRACTOR: y te Contractor By: Signature Printed Name yy� Xieanc ier7o¢e-e- Title 40, d /s7 if Date END OF SECTION 00500 v-_s I SECTION 00600 Bond#54-208093 Page I of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: Contractors of Cedar Rapids,Ltd That we, Hawkeye Electrical, 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 persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Twenty-eight thousand and nine hundred and fifteen dollars ($28,915.00), 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 11th day of March, 2016, (hereinafter the "Contract") wherein said Contractor undertakes andagreesto construct the following project in it 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 Dubuque City Hall Electrical Service Project detail the following described improvements: Provide new Electrical Service Entrance, New Parielboards on First, Second and Third Floors with alternate to provide a new 600A Service Entrance with associated conduit and wire. 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 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. 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 �i i� r 9 �g F b F SECTION 00600 Page 2 of 4 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. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent(20%)of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A �, y �{ y SECTION 00600 Page 3 of 4 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. 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 6 I SECTION 00600 Page 4 of 4 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. 350-1045 Witness our hands, in triplicate, this 17th day of March , 2016. SURETY COUNTERSIGNED BY: W A t "L FORM APPROVED Signature of Agenl - Deborah Hahn Representative for Owner Printed Name of Agent SURETY: PO Box 1863 United Fire&Casualty Company Company Address Surelypany Cedar Rapids,IA 52406 197 1-, P� City,State,Zip Code By: -Irl Wn Siure Al ey-in-Fact Officer 319-364-5193 'i lure I Company Telephone Number Jac ilYline K.Peters Printed Name of Attorney-in-Fact Officer PRINCIPAL: TrueNorth Companies,LC Hawkeye Electrical Contractors of Cedar Rapids,Ltd. Company Name Contractor PO Box 1863 Company Address By. nature Cedar Rapids,IA 52406 �g City,State,Zip Code Printed Name 319-364-5193 Company Telephone Number Title 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. END OF SECTION 00600 . . :: 11 Ul' ITED FIRE&C�S[JAL>Y Ct7MPAN ',CEDAR RAP�DS3IA Inquiries :SurlEj. :Depa1.rFq_tn ent U1VX I ED FIRE&.INDEMI IT CQMPANY, .EBSTER,`I'X:, 118 Second Aye S. .; `:--��,`H : F1NAl�TGIAL PACIFIC INSCIRANCE COMPANY;RO I TN,'CA Cedar Rapids,IA .fi240.1 C RTIFTED COPY OF PO: ER QF ATTORN 3 (original"onfile.atHorrieOffice,of,Company °Sze Certification)" KNOW ALL"PERSONS$X THESE PRESENTS-Thi UNITED FIRE&CASUALTY COIVIPANY,:a corporation"duly organised and existing under the laws of the'State,of Iowa;UNITED FIRE&INDEMNITY"COMPANY;a,corporation dily.organized anel existing under the laws;:of the State of Texas- aria.FINANCIAL PACIFIC INSURANCE COMP 4NY, a corporation duly organized and existing under"the Taws of<tlie State of Calcfornia herein collectivel�y..calwd;the Conippaiaies,'::and hav rig their.co orate head carters iiL Cedar Ra ids State 011.ws;does make,coaistltut and appoint" (T:MLJ..T ,k:':FOLEY;`: OR KAREN: LOP"E; , SOT :U I1 .1NDIVIi3UA ,LY OF;+'THS.PE RI.;IL OFF1. _ '(1R 11 x:A1 Tq'LOR, IJR DAVID M:":OWEN , BOTH 1Nt)"IVi6bJ:tLY: OF THE .LONGM NT C0 OFFiGE, OR RDBERT L KI?LLSMI'fH OR I 1.dAGQIJ,ELINE K '.PETERS,. OR �DE'BORAH,--D.".HAHN OR:•GHERYL MRSTLK, OR`M. LYNN KIMBLE OR SAMANTHA .,SPILMAN', ALL ' INQIVID{1ALLY of C1)AR RAP"IDS.IA their true`atxd lawful Atttatney(s) nt Fact with power and aut1.hority hereby co fer Q'. sign seal and execute in its behalI.f all.lawful bonds,uridertaktn: and other`obligatory instruments of similar riattire`provided"that ria single obligation`shall exceed $35 000;000 0"0 .11 and to butd"the Companies thereby as fully and to"the same,extent as if,such instruments were signed,by the duly authorized"officers of the Companies and all of'the acts_11of said attorney pursuant to the I'lauthority.hereby given aril herekayratifiedand confirmed .` TheAuthonty hereby granted shall expire the 27f h daY cif January 2016 tin 1 est goon r revoked by UNITED FIRE GASVAET 'COMPANI',UNITED FIRE&INDEM. . CQMPANY,AND FINANCIA. ..1 ,IFIC INSURANCE COMP�INY i This Power of Attorney ks made and eXecuted;pursnapt to and by authority of the following bylaw duly attopted tan May I ?ply,ly the B"Dards pf Directors',of UNITED`FIRk CASUAT TY-COMPANY; UNITED FIRE:-&,INDEMNITY COMPANY, arid"FINANCIAL"1'ACIF,"IC.' N, ANCE" -COMPANY "Article VI—Surety Bonds and Undertakings" Saetion 2,fippointment of Attorney-in-Fact. "The President or any Vice,President or any ather officer11 I of the Companies iriay,Froin time.to 'tm' e atpoint by written certificates attorneys-in-fact to act in behalf of the Companies:an the,execution of policies of nsurance bonds, un4 takmgs._and other obligatory instruments of like nature. The signature of auyaofficer authorized hereby,and the Corporate seal,iday. ;affixed by#aesimile to any power of attoiney,ortspecial power of attorney or certification of either authonzed;hereby;su1.ch siiiatiire andseal; when so used,being"adopted by the Companies°as the original signature ofsuch officer and=the original seal`of the CompanLes,to be"valid aria biridiiig upon the Companies with the game force,and effect as though inanually afFixed Such attorneys in fact, sublect.toahe Ifinitatioii:set` farth%in'their respective certificates of authority shall have full.power to";bind the Companies byAheir signature and execution of ariy such instruinents:arid to attach°the seal of the Companies thereto`The°°President or"ariy,Vice President the Board ofDirectors or any other o'M .6r of:; he of inpawes may at any,time,r11 eI'll�oke all power and:authority previously gaven,to�dny attorney iii fact •" .., I .1a„++t++l�t,,,� �N f,, IN WITNESS WI3ERE01? the COMPANIES have each caused these presents to 1 e signed by its `\ gG11&UJj' \`�\g1T{D6MN`// \Pili IIR k a; eq�`¢ Tho QaoGoaPOagyo� vice president and its corporate seal to be Hereto affixed this- 11 11 .27t h :tl;ay of Jahix tiar y 2014 9 connonare. _ coicroanre e, o o IJl\?ITED FIRE&CASVALTY•COMPANY ��1Y2 O SEAQ 9EAL t y ,gab ;'' UNITED FIRE&INDEMNITY COMPANY11 ', oar 6. s �,11'-�y "q�/fOP?t��!_�'` ' PACIFIC INSURANCE;COMPANY '/v.-,ACXD`,F",S 1 .._r// STER S6Y',\J\� `J F ANC�L 7,11141111+ H,,,1lIIIII\N ����1411111I1t111����' w By. moi+. State of Iowa,County of Linn,ss: Vice President On 27ft day :of. January, 2014, before me personally came Dennis J. Richmann iia me known,who”being;by me duly sworn did.depos> and say;"that he resides in.Cedar-Rapids,.State of Iowa,that he is a Vice President"nf UNITED' , FIRE&""CASUALTY COMPANY',a Vice President of UNITE"'D 1IRE�i,"INDEMNITY COMPAI�f ', and a`Yice President;of PiNANCIAL,PACIFIC .. INSURt4NCE;COMPANY the coiporations described ir1 and which executed the above instrument that lie knows the seal of said corporations;that.,the" 1.seal affixed t11 o"the said instrument is such Corporate seal that it was so affixed pursuant to authority given by the Board of Directors of.said"corpora!ionsi. and that lie stgtied his name thereto pitirsuai t to :.. b t. I I . and aeknowle lges satire to be the act and deed of said co. iioris e•ea Nlary':A Bertsoli lcztn3 Notarial Sea( .1 I'llL1 N Co1 .mrnisston number713273 ; " . ` � otary Public 11 �w>k My d"oniin7ssiotr Expires 1 I 12016 " ,- My`cominission expires: 10/26/2016 I David fl Lange,Secretary of F1NlTED""FIRE&CASUALTY COMPANY and Assistant Secretary of IINI.TED FIRE&INDEMNITY COMPANY,, and Assastarkt Secretary of FINANCIAL PACIFIC IIVSUI"A. '6E C,.. ao heI.reby c wrtify that I have.compared the foregoing copy of the Power11 of Attorney and affidavit,arid""the copy+1 the.Sect 4n"of the 1.bylaws;and xesolutians"Orf sand Corpora Ons as get lirrth iii said`Power"of°Attorney,t ith.the ORIGII�I 1L5_ .,FILE"IN SHE"HOME OFFICE OF SAII3'CORPORATIONS and:that the s.ame arc cgrrect traiiscrip"ts th7. ereof and of the whole of the sat'a originals and that the 11 sand Power of Attorney"has not been re�ol�ed and is now iia full force and effect In testimony whereof I hate" e °unto subscribed my name°and.11 affixed the corporate seal 01� 11 ,the said Corporations this day of � h . 20 jo '. rrl ., \�t y;CaS /!/. `tt11t111u1ty :"N+yk111iN 1i"- p�,i �aee<�N 'Nri,/,d �..:\tCIN$U9q+, 1. coitY oltA7e conrottar� l g ,= Ut Y�x��" a� J By N 8A1L .",� Q 1986 y'ri _:�,,�.. , A �. � .1 : ,::. -SFa1. e;. - '7i'-:r%PL 1y�P Tr ,�,.' . wI. IPDA /-t J,`l'111111111111%gRkr �Ot`` /.t!(�f II'll, Illkl l'l�'ki���l'`` /!(/I/Alllfllllt1t11�\�\\� SPrcrF.taryj &C 111�1Assistant Secretary,OF&I/FPIC' I3PbA0E145 U115 ,: i