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 "'
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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
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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