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HomeMy WebLinkAboutPhase II Cladding Rehab Oshkosh Public LibraryMW I �W a .f_ Oshkosh CONTRACTOR AGREEMENT: PHASE II CLADDING REHABILITATION FOR THE OSHKOSH PUBLIC LIBRARY THIS AGREEMENT, made on the 25TH day of OCTOBER, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CAPELLE BROS. & DIEDRICH, INC 253 N HICKORY ST, FOND DU LAC WI 54935, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (JOHN BUECHEL, PROJECT MANAGER) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (VICKI VANDENBERG, CITY OF OSHKOSH PUBLIC LIBRARY, ASSIST DIRECTOR) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled PHASE II CLADDING REHABILITATION and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than JULY 31, 2018 ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $103,339.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: (Sea] of Contractor if a Corporation.) APPROVED: �rtorney CONTRACTO NSULTANT By. CC, 'A a.es, (Specify Title) (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And: Ovc Pamela R. Ubrif, City Ci Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. AuL Ico_�_, City Comptroller CITY OF OSHKOSH BID PROPOSAL FORM PHASE II CLADDING REHABILITATION - OSHKOSH PUBLIC LIBRARY Page 1 of 2 From: Capelle Bros. & Diedrich, Inc. (bidder's company name) BID PROPOSAL DEADLINE: Friday, 9/8/17 @ 10:00 A.M. Date: 09/08/17 Addenda: Receipt of Addenda numbered 1 of 1 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed,to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): BASE BID: TOTAL BASE BID: $ 75,449.00 SEVENTY FIVE THOUSAND FOUR HUNDRED FORTY NINE --------- (Base Bid Price — in Words) Warranty Details: 1 year warranty stone, mortar, caulk. 5 year on sheet metal specialties, CITY OF OSHKOSH BID PROPOSAL FORM PHASE II CLADDING REHABILITATION — OSHKOSH PUBLIC LIBRARY ADD ALTERNATE BID: Page 2 of 2 TOTAL ADD ALTERNATE BID: $ 27,890.00 TWENTY SEVEN THOUSAND EIGHT HUNDRED NINETY --------- (Add Alternate Bid Price — in Words) Warranty Details: 1 year warranty stone, mortar, caulk. 5 year on sheet metal specialties. SIGNATURES Date: 09/08/17 Name of Company: Capelle Bros. & Diedrich, Inc. Submitted by: (name/title) Todd A. Diedrich Email: todd@capellediedrich.com President Address of Company: 253 North Hickory St Phone: 920-921-7830 Fond du Lac, WI 54935 Company Representative that will be named Project Manager for this project, if awarded the bid: John Buechel That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature Title President Todd A. Diedrich V-::]�Ob,�b- CAPFRROOPC PDFANOVICH ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)10/09/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Jackson Kahl Insurance Services, LLC 17 N Pioneer Road Fond Du Lac, WI 54935 NAME CT Pamela Deanovich, CISR (A//CNN., Ext): (920 923-4020 1112 FAx ) (A/c, N.):(866) 218-6850 A DREs : pdeanovich@jacksonkahl.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: West Bend Mutual Insurance Co. 15350 INSURED INSURER 8: INSURER C: Capelle Brothers & Diedrich, Inc. INSURER D: P.O. Box 1274 Fond du Lac, WI 54936-1274 INSURER E INSURER F: 2282100 e1^%1COAP1CC r^COTICIr`ATC KIHRIIRCG• RFVIICIr1N NI IMRPR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WV POLICY NUMBER POLICY EFF pp POLICY EXP I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 DAMAGE TO RENTED 200,000 EMI E Ea occurrence $ CLAIMS -MADE ] OCCUR 2282100 01/01/2017 01/01/2018 MED EXP (Any oneperson) $ 10'000 PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'000 - COMP/OP AGG $ 2'000'000 POLICY ❑X JE O- F—]LOCPRODUCTS $ OTHER: A AUTOMOBILE LIABILITY Ea accident SINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $ AUTO 2282100 01/01/2017 01/01/2018 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOSS Pe OracadenDAMAGE $ IxANY AUTOS ONLY X NCED ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10'000'000 AGGREGATE $ 10'000'000 EXCESS LIAB CLAIMS -MADE 2282100 01/01/2017 01/01/2018 DED I X I RETENTION $ 0$ --FP–TEA A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? FN (Mandatory in NH) NIA 0570764 01/01/2017 01/01/2018 X TE X ERH E.L. EACH ACCIDENT $ 1,000,000 1,000,000 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Phase II Cladding Rehab at the Oshkosh Public Library, Oshkosh WI 54902 The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are named as additional insureds on a primary and non-contributory for on going and completed oprations with a waiver of subrogation under general liability form #CG2010Y, CG2037. Early notice of cancellation and/or nonrenewal for 30 days per endorsement WB213 0414. The umbrella includes in its underlying the general liability, automobile liability and employers liability. r`1=RTICICATE Nr11 DEF; CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Oshkosh City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO BOX 1130 Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): The City of Oshkosh, consultants, architects, architect consultants, engineers, engineer consultants, contractors and PO Box 1130 Oshkosh, WI 54903 Location(s) of Covered Operations: Various Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to The insurance with respect to such archi- include as an additional insured the person(s) or tects, engineers, or surveyors does not organization(s) shown in the Schedule, but only apply to "bodily injury," "property dam - with respect to liability for "bodily injury", "prop- age," or "personal and advertising injury" erty damage" or "personal and advertising injury" arising out of the rendering of or the fail - caused, in whole or in part, by: ure to render any professional services by 1. Your acts or omissions; or or for you, including: 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for the additional insured(s) at the loca- tion(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to pro- vide for such additional insured. If the name of the person or organization stated above includes any architect, engineer or surveyor, the following applies: a. The preparing, approving, or failing to prepare or approve maps, drawings, opin- ions, reports, surveys, change orders, de- signs or specifications; and b. Supervisory, inspection, or engineering services. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusion applies: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or Contains material copyrighted by ISO, with its permission. CG 20 10 Y 07 04 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of In- surance shown in the Declarations; which- ever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declara- tions. D. If a written contract between you and the addi- tional insured specifically requires that this insur- ance be primary, then the insurance afforded by this endorsement is primary insurance and we will not seek contribution from any other insur- ance available to the additional insured named in this schedule unless the other insurance is pro- vided by a contractor other than the named in- sured. Then we will share with that other insur- ance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all insurers. If no contract between you and the additional in- sured requires that this insurance be primary, then the coverage granted to the additional in- sured under this endorsement shall be excess over any other valid and collectible insurance. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 West Bend Mutual Insurance Company CG 20 10 Y 07 04 West Bend, Wisconsin 53095 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION AND/OR NONRENEWAL This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Notice of Cancellation and/or Nonrenewal to other Person(s) or Organization(s) SCHEDULE Name of Person(s) or Organization(s): City of Oshkosh PO Box 1130 Oshkosh, WI, 54903 Notice of Cancellation Other Than Nonpayment Number of Days Notice Notice of Cancellation Nonpayment of Premium Number of Days Notice Notice of Nonrenewal Number of Days Notice 30 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I As indicated in the Schedule above, we will mail or deliver written Notice of Cancellation for a statutorily permitted reason and/or Notice of Nonrenewal to the person(s) or organization(s) shown. Unless a specified number of Days Notice is shown above, the Notice of Cancellation and/or Notice of Nonrenewal does not apply. West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Contains material copyrighted by ISO with its permission WB 213 GL 04 14 © ISO Properties, Inc., 2006 Page 1 of 1 ADDITIONAL INTEREST NAME EXTENSION An Additional Interest that requires additional space to display the complete name is shown in the schedule of this endorsement. SCHEDULE Form Applicable to Additional Interest: CG2010Y Add'Ilnsured-Owners/Lessees/Contr Additional Interest Name: The City of Oshkosh, consultants, architects, architect consultants, engineers, engineer consultants, contractors and subcontractors WB 2583 GL 04 14 West Bend Mutual Insurance Company Page 1 of 1 West Bend, Wisconsin 53095 ADDITIONAL INTEREST NAME EXTENSION An Additional Interest that requires additional space to display the complete name is shown in the schedule of this endorsement. SCHEDULE Form Applicable to Additional Interest: CG2037 Add'I Insured-Owners/Contractors Completed Ops Additional Interest Name: The City of Oshkosh, consultants, architects, architect consultants, engineers, engineer consultants, contractors and subcontractors WB 2583 GL 04 14 West Bend Mutual Insurance Company Page 1 of 1 West Bend, Wisconsin 53095 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Bid Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) CAPELLE BROS. & DIEDRICH, INC. United Fire & Casualty Company 118 Second Avenue SE P.O. Box 73909 253 N HICKORY ST, FOND DU LAC, WI 54936 Cedar Rapids, Iowa 52407 OWNER: (Name, legal status and address) City of Oshkosh This document has important legal consequences. Consultation with an attorney is 215 Church Avenue, Oshkosh, WI 54903 encouraged with respect to its completion or modification. BOND AMOUNT: Five and 00/100 Percent of the Bid Amount Any singular reference to Contractor, Surety, PROJECT: (Name, location or address, and Project number, if any) Owner or other party shall be considered plural where applicable. Phase II Cladding Rehabilitation Oshkosh Public Library Project No. 1FB0802-0-2017 I JU The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 9th day of August 2017 rM A M � J WW I (Witness) CAPELLE BRXN�IEDRICH, INC (Pri I) (Seal) Pcestdeni- (Title) UNITED FIRE & CASUALTY COMPANY (,Ju re ) Attornev in Fact (Title) CONT0525 (072010) The language in this document conforms exactly to the language used in AIA Document A310 2010 edition. Bond No.: W0011416 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Obligee: UfglmUNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY City of Oshkosh 215 Church Avenue, Oshkosh, WI 54903 (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint MITCHELL R KAHL, OR MICHAEL FOLEY, OR PAMELA DEANOVICH, OR BONNIE WEISS, OR REBECCA ZIVKOVICH, OR PAMELA K MCCARTHY, OR MICHELLE SHAFER, OR MARY ELLEN HEESE, OR MARY SAMP, ALL INDIVIDUALLY of 17 NORTH PIONEER ROAD, FOND DU LAC, WI 54936 their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $10,000,000.00 and to bind 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 of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire December 8th, 2017 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set 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 any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 9th day of August 12017 `CAS,gli 'i .Jer bqi p``G\F�Gtn,n1��A�,,' ,IN f Cg, 'A'ii PH,CIuf4ly y' INS ;�``gQ•,.cpRPOp,�t�C� UNITED FIRE & CASUALTY COMPANY 9 CoRPORATE ; o coRPORATE i = Q ~� yuLr z? ° o = UNITED FIRE & INDEMNITY COMPANY E. ' _q, lees \ FINANCIAL PACIFIC INSURANCE COMPANY SEAL 'a> Z••.P r:'2$ tJ/�-yj'' f uluAf ITER TF'\;�``\`` ''F'� ?(/F4PN•�`'1',a` By: lllllill\\\ %ff/„11lltttl\\\ Vice President State of Iowa, County of Linn, ss: On this9th day of August ,2017 before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 40—V uL Judith A. DavisIowa Notarial Seal Commission number 173041 L1.6' My Commission Expires 04/23/2018 Notary Public My commission expires: 04/23/2018 I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY and Assistant SecretaryITED FIRE &INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that Itavecompared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations. this 9th day of August 12017 ; N0 C""Sf;.f i���i^�' �?,tttiDE,y,V�4i�� S ,slit `+}. `apu11A41Lp' .��a4IrnNS CORPORATE.= `� CORPOR;\It. Y ?1? ��:0' By. =' sEAL 4Z Secretary, OF&C in...'`�'' Assistant Secretary, OF&I/FPIC �``� �"'inn ulup�P��"'o... ,a,nuu�lul"`��a BPOA0053 0813 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, [A 52401 54214334 to UNITED FIRE 8: CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Performance Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal CAPELLE BROS, & DIEDRICH. INC. 253 N HICKORY ST, FOND DU LAC, WI 54936 OWNER: (Name, legal status and address) CITY OF OSHKOSH 215 CHURCH AVENUE, OSHKOSH, WI 54901 CONSTRUCTION CONTRACT Date: October 25, 2017 Amount: One hundred three thousand three hundred thirty nine and 00/100 103,339.00 Description: (Name and location) place of business) UNITED FIRE >* CASUALTY COMPANY 118 SECOND AVE SE CEDAR RAPIDS, IA 52407 CITY OF OSHKOSH PHASE II CLADDING REHABILITATION - OSHKOSH PUBLIC LIBRARY BOND Date: October 26, 2017 (Not earlier than Construction Contract Date) Amount: One hundred three thousand three hundred thirty nine and 00/100 103,339.00 Modifications to this Bond: None See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: UNITED FIRE It CASUALTY COMPANY (Corporate Seai) CAPELLE BROS. & DIEDRICH, INC. Signature: (�- � Signature: Name and Title: Todd Diedrich, President Name and Title. Pame a A Dea ovich Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Jackson Kahl Insurance Services, LLC 17 N Pioneer Road Fond du Lac, WI 54935 920-923-4020 CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition S 1 The Contractor and Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. S 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's' right, if any, subsequently to declare a Contractor Default; the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner a for contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition S 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. S 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. S 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. S 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 5 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 3 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 14 Definitions 3 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. S 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 5 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. S 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. S 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 5 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition 54214334 Un UNITED FIRE Et CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Payment Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status, and principal CAPELLE BROS. & DIEDRICH, INC. 253 N HICKORY ST, FOND DU LAC, WI 54936 OWNER: (Name, legal status and address) Is] rr41•791.b9:1: W]1. 215 CHURCH AVENUE, OSHKOSH, WI 54901 CONSTRUCTION CONTRACT Date: October 25, 2017 Amount: One hundred three thousand three hundred thirty nine and 00/100 103,339.00 Description: (Name and location) place of business) UNITED FIRE Lt CASUALTY COMPANY 118 SECOND AVE SE CEDAR RAPIDS, IA 52407 CITY OF OSHKOSH PHASE II CLADDING REHABILITATION - OSHKOSH PUBLIC LIBRARY BOND Date: October 26, 2017 (Not earlier than Construction Contract Date) Amount: One hundred three thousand three hundred thirty nine and 00/100 103,339.00 Modifications to this Bond CONTRACTOR AS PRINCIPAL Company: None See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. SURETY (Corporate Seal) Company: UNITED FIRE £t CASUALTY COMPANY (Corporate Seal) CAPELLE BROS. & DIEDRICH, INC. p r Signature: Signature: Name and Title: Todd Diedrich, President Name and Title: Pamela a eano (Any additional signatures appear on the last page of this Payment Bond) Attorney -in -F ct (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Jackson Kahl Insurance Services, LLC 17 N Pioneer Road Fond du Lac, WI 54935 920-923-4020 CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition 5 S 1 The Contractor and Surety, jointly and severalty, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge it obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2 the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that at[ funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition S 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. S 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. S 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. S 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. S 16 Definitions S 16.1 Claim. A written statement by the Claimant including at minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for tabor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 516.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition 5 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 5 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 5 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 5 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CONT0526 (072010) The language in this document conforms exactly to the language in AIA Document A312-2010 edition Bond No.: 54214334 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Obligee: UfglmUNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX CITY OF OSHKOSH 215 CHURCH AVENUE OSHKOSH, FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA WI 54901 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint MITCHELL R KAHL, OR MICHAEL FOLEY, OR PAMELA DEANOVICH, OR BONNIE WEISS, OR REBECCA ZIVKOVICH, OR PAMELA K MCCARTHY, OR MICHELLE SHAFER, OR MARY ELLEN HEESE, OR MARY SAMP, ALL INDIVIDUALLY of 17 NORTH PIONEER ROAD PO BOX 950 FOND DU LAC, WI 54935 their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $10,000,000.00 and to bind 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 of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire February 24th, 2018 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set 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 any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 26th day of October 12017 `",pfunrMgT INS "y4ouaun X %s `E UNITED FIRE & CASUALTY COMPANY oaroRATE > = ° oY ; } �uLv UNITED FIRE &INDEMNITY COMPANY CORPORATE SEAL FINANCIAL PACIFIC INSURANCE COMPANY By: ((J���\)''� //j Vice President State of Iowa, County of Linn, ss: On this26th day of October 2017 before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Judith A. Davis Iowa Notarial Seal • Commission number 173041 A 10"Q orr My Commission Expires 04/23/2018 Notary Public My commission expires: 04/23/2018 I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY and Assistant Secretary tave TED FIRE &INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that Iompared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations. this 26th day of October 12017 NLauruNyr `.a,,,ourgn N`apen,rerr, ycAsc;,,, 0vne.NQ" W� QtG INSUq'�ri /ice //�j CORPORATECORPORATE;'G_ ` �i ; }ULY?� �- O' By: 49= "Z' Y988 eg ty SEAL r a SEAL Secretary, OF&C Assistant Secretary, OF&I/FPIC �ata``` 'nru,namao• a.,nu,,,u,nao°. BPOA0053 0813 Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401