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HomeMy WebLinkAbout38-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 38-19 File Number: 2019-0046 CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 2: A RESOLUTION TO AWARD FPL BID PACKAGE #19-17 AND APPROVE CHANGE ORDER NO. 2 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,806,481.00 FOR EARLY SITE WORK AND UTILITY RELOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $140,324.00 WHEREAS, awarding FPL Bid Package #19-17 for early site work and utility relocations and authorizing a Change Order for the work to commence will allow the library expansion project to continue until the remaining building drawings and bids are received in March; and WHEREAS, the Fayetteville Public Library, through its Board of Trustees, also recommends approval of the change order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 2 to the construction manager at risk contract with Crossland Construction Company, Inc. in the amount of $2,806,481.00 for early site work and utility relocations, and further approves a project contingency in the amount of $140,324.00. PASSED and APPROVED on 2/5/2019 Attest: Lisa Branson, Deputy City Cler �%N � K 1 "' Q,1T Y per• �L}• •iT.E • s Page 1 f ; Printed on g a � � ��Ii �1 • � . • •1 t\� •n. r���1rtp N,+,J►►``� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 J Nti 1 Text File File Number: 2019-0046 Agenda Date: 2/5/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: D. 1 CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 2: A RESOLUTION TO AWARD FPL BID PACKAGE #19-17 AND APPROVE CHANGE ORDER NO. 2 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,806,481.00 FOR EARLY SITE WORK AND UTILITY RELOCATIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $140,324.00 WHEREAS, awarding FPL Bid Package #19-17 for early site work and utility relocations and authorizing a Change Order for the work to commence will allow the library expansion project to continue until the remaining building drawings and bids are received in March; and WHEREAS, the Fayetteville Public Library, through its Board of Trustees, also recommends approval of the change order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 2 to the construction manager at risk contract with Crossland Construction Company, Inc. in the amount of $2,806,481.00 for early site work and utility relocations, and further approves a project contingency in the amount of $140,324.00. City of Fayetteville, Arkansas Page 1 Printed on 2!1/2019 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2019-0046 Legistar File ID 2/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/14/2019 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Change Order #2 with Crossland Construction for Bid 19-17, Early Site Packages associated with the Fayetteville Public Library Expansion Project in the amount of $2,806,481 and to include a 5% project contingency. 4150.800.9150-5804.00 Account Number 17007.1703 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2017-00000693 #2 FQ 17-12 Budget Impact: Library Construction Fund Fayetteville Public Library Expansion Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 26,868,486.00 $ 3,440,075.26 .... .... .... _ $ 23,428,410.74 $ 2,806,841.00 $ 20,621,569.74 V201OU327 Previous Ordinance or Resolution # 127-18 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 5, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, City of Fayetteville, Chief of Staff Paul A. Becker, City of Fayetteville, Chief Financial Officer David Johnson, Fayetteville Public Library, Executive Director FROM: Wade Abernathy, Division Manager Facilities/Building Construction DATE: January 18, 2019 SUBJECT: Change Order #2 with Crossland Construction for Bid 19-17, Early Site Packages, for the Fayetteville Public Library Expansion Project and a 5% project Contingency. RECOMMENDATION: Approval of Change Order #2 with Crossland Construction in the amount of $2,806,481 for the Early Site Packages for the Fayetteville Public Library Expansion Project and a 5% Project Contingency in the amount of 140,324. On January 17, 2019 the Fayetteville Library Board of Trustees agreed to accepting this Change Order. BACKGROUND: August 9, 2016, Fayetteville Votes approved referendum for Millage Request for the expansion of the Library and issuing 26.6 million in bonds. August 15, 2017, Council passed resolution 170-17 to enter into a Contract with Meyer, Scherer and Rockcastle, LTD for the Architectural services for the expansion of the library. September 9, 2017, Council passed resolution 196-17 to enter into a Construction Manager at Risk contract with Crossland Construction Company Inc. for the Construction Management services related to the expansion of the Library and pre -construction (estimating) services November 21,2017 Council passed resolution 243-17 to enter into an asbestos abatement contract with Nabholz environmental services for the old city hospital. June 5th, 2018, Council passed resolution 127-18 for a Change Order #1 with Crossland Construction Company for the Demolition of the Old City Hospital on the future expansion site. DISCUSSION: Change order #2 will enable the earthwork for the new addition to begin now. Associated items included are site utilities relocations required for the project and some interior mechanical and equipment room work. The Change Order amount was arrived from Competitive Bid 19-17 of 6 trade packages thru the City Purchasing. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 This early change order will allow the project to continue as we await the remaining building drawings and bids in March. BUDGET/STAFF IMPACT: This is a budgeted expense and will include a 5% contingency if approved. Attachments; Library Board of Trustees Acceptance Letter Change Order #2 Certified Bid Tab E FAYETTEVILLE PUBLIC LIBRARY January 17, 2019 Lioneld Jordan, Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 SUBJECT: Crossland Construction Change Order #2 — Early Site Package Dear Mayor Jordan, The Fayetteville Public Library Board of Trustees concurs with the City of Fayetteville staff recommendation to award FPL Bid Package #19-17 to Crossland Construction for the early site package for Fayetteville Public Library Expansion in the amount of $2,806,841 plus a project contingency of 5% or $140,324 for a total of $2,947,165. The Fayetteville Public Library Board of Trustees has been kept advised of the progress on this aspect of the expansion and consents to the use of bond project funds to pay these project expenses. Sincerely, Janine Parry, President Fayetteville Public Library Board of Trustees 401 W. Mountain St. Fayetteville, AR 72701 479.856.7000 1 www,fayllb.org CROSSLAND CONSTRUCTION COMPANY, INC Prime Contract Change Order SIGNATURE FOR APPROVAL FORM Fsyettevllle Public Library - M Project # 18AR11-MHA 221 S School Ave Favettevile. AR 72701 Date: 1/17/2018 To Contractor., Architect's Project No: Crossland Construction Company, Inc. Contract Date: 91112017 833 S. East Ave Contract Number: PRIME PO Box 45 Change Order Number: 002 Columbus, KS 88725 The Contract Is hereby revised by the following Itema: Bid Package #2 - Early Site Package / Utility Relocation PCO Description Amount C0002 BP#2 - Early Site Package / Utility Relocation $ 2,808,481.00 FPL Bid Package #2 - Early Site Package / Utility Relocation Per Contract Documents: Utility Relocation Plans Issue Date 11.23.20 18 by MSR Ardllietta Utility Relocation Spedfications Issue Date 11.23.2018 by MSR Architects Bid 19-17 - Addendum e1 - Dated 12.20.18 Bid 19-17 - Addendum art - Dated 12.27.18 Bid 19-17 - Addendum 03 - Dated 1.7.19 Bid 19-17 - Addendum $4 - Dated 1.8.19 The original Contract Value wat;....... ......................................................................................................... 8 110,000.00 Sum of changes by prior Prime Contract Change Orders................................................................................ $ 488,245.00 The Contract Value prior to this Prime Contract Change Order was...........................,.................................... $ 598,245.00 The Contract Value will be changed by this Prime Contract Change Order in the amount of .......................... $ 2,808,481.00 The new Contract Value Includfhg this Prime Contract Change Order will be ................................................. $ 3,4U,727.00 The Contract duration will be changed by...................................................................................................... NA Days The revised Substantial Completion date as of this Prime Contract Change Order is ..................................... City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72703 Addrr"a Wall By Lel C) YJ QnSIGNATUDATE Crossland Construction Company, Inc. CONTRA&OR 833 S. East Ave PO Box 45 Columbus, XS 88725 Addra¢4 sy Chris Schnurbusch SIGNATURE _ DATE 01.17.19 Fayetteville Public Library_ OWNER 211 S. School Ave Fayetteville, AR 72703 Address By f SIGNATURE DATE -14 PrologManeper Prinled on: 1/17/2019 TRIMBLE Page 1 ti Z a CL WC v cx 0 f- cr s h - Ne Ne ,aa 'IU O 10 t7 m m emes� C] Of S V m N M _N V {y IY O Z Y! V X \ C1 O el _ j9 _ y 0liu fJ U 10 x p •� � Cc K YE IE Q ❑ ,505' z L if m�' v � Cc y D N m a D [F m a o ❑ s c -- N W CQN c N k p 0 (7 fn d a w t a. 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C h ] w) m rn L i p Q w i5 0 0 o a o 0 0 0 'n 6 Q t INCREASE PENALTY RIDER BOND NO. 8244-49-22 / 09284546 VA . 3g- icy 111111111111111111NN 111111111NI1111111111111 N1111111111111111111111111111111 Doc ID: 018448270004 Type: LIE Kind: PERFORMANCE BOND Recorded: 02/21/2019 at 02:14:01 PM Fee Amt: $30:00 Pape 1 of 4 Washlnpton County, AR Kyle Sylvester Circuit Clerk FileBO35-0000084 1 To be attached and form a part of Bond Nos. 8244-49-22 / 09284546 dated the 31 day of July, 2018, executed by Federal Insurance Company and Fidelity and Deposit Company of Marland / Zurich American Insurance Company as sureties, on behalf of Crossland Construction Company, Inc., as current principal of record, and in favor of the Fayetteville Public Library and City of Fayetteville, Arkansas as Obligee, and in the current amount of Four Hundred Eighty Eight Thousand Two Hundred Forty Six and 00/100 ($488,246.00) Dollars. In consideration of the agreed premium charged for this bond, it is understood and agreed that Federal Insurance Company and Fidelity and Deposit Company of Maryland / Zurich American Insurance Company hereby consents that effective from the 14th day of February, 2019, said bond shall be amended as follows: THE BOND SHALL incorporate Change Order #2, Bid Package #19-17, Early Site Package / Utility Relocation that was not previously included and therefore the bond penalty shall increase: FROM: Four Hundred Eighty Eight Thousand Two Hundred Forty Six and 00/100 ($488,246.00) Dollars TO: Three Million Four Hundred Four Thousand Seven Hundred Twenty Seven and 00/100 ($3,404,727.00) Dollars The sureties do hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above-mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 14" day of February, 2019. i; • Crossland Construction -Ccohn PRINCIPAL BY: - . a t, Federal Insurance Corripai , arid-_ Fidelity and Deposit Company of Maryland / Zurich American Insurance Company SURETY s y. BY: ' e y E. Kimmel, ATTORNEY-LN=FAiT<W" z `' C, H .0 B EB* Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bret S. Barton, Timothy H. Heffel, David B. McKinney, Todd Alan Rambo, Timothy Craig Smith, Myriah A. Valdivia and Desiree E. Westmoreland of Wichita, Kansas; Monica F. Donatelli, Carolyn J. Johnson, Kelly E. Kimmel, and S. Mark Wilkerson of Overland Park, Kansas ---------------------------------------------------------------------------------------------------------------------------------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business. and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 191 day of November, 2018. Iklv:n M. Chlori.& ASSistant Scvreraiy STATE OF NEW JERSEY County of Hunterdon Ss' At -4- -&� 0-f-� Stephen M. I lancy. Vice. President 122 On this 191 day of November, 2018, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of dte Company, of bonds, undertakings, recognisances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested" 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (h) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals oftsaiidddCCompanies atWhitehouse Station, NJ, this 14th day of February, 2019 '"'"'- `"""` t21wn itl.Chlt3rcz:.:lctirintSeYret%u-yn IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax(908)903-3656 e-mail: surety@ctiubb.com FED- VIG-PI (rev. 08-18) Notarial Seal ROF KATHERINE J. ADELAAR pOTArty NOTARY PUBLIC OF NEW JERSEY .►..� , No.231SUS �pUBI lC fEttg� commission Expires Jury 18, 2018 Ntnary^Puhtlr. CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of dte Company, of bonds, undertakings, recognisances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested" 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (h) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals oftsaiidddCCompanies atWhitehouse Station, NJ, this 14th day of February, 2019 '"'"'- `"""` t21wn itl.Chlt3rcz:.:lctirintSeYret%u-yn IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax(908)903-3656 e-mail: surety@ctiubb.com FED- VIG-PI (rev. 08-18) _y � e r' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint S. Mark WILKERSON, Morgan DEWEY, Monica F. DONATELLI, Debra L. WALZ, Carolyn J. JOHNSON, Larissa SMITH and Kelly E. KIMMEL, all of Overland Park, Kansas, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this Ist day of March, A.D. 2018. * o� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'A F '. j 1 0 WE F, , e X14 10 03 Art: I By: Michael P. Bored Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 1st day of March, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ti: a Constance.A. Dunn, Notary Public c My Commission Expires: July 9, 2014 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 14th day of February 12019 'moo ocRor� iw� 1 " ORAL Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wav`iW!t6bbrtsfclaims zurichna.com