HomeMy WebLinkAbout166-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 166-19
File Number: 2019-0403
CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 4:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH CROSSLAND
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR ADDITIONAL TRADE
PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT,
AND TO APPROVE A PROJECT CONTINGENCY OF 14.5% TO BE HELD BY THE FAYETTEVILLE
PUBLIC LIBRARY
WHEREAS, approving Change Order No. 4 will allow Crossland Construction Company, Inc. to
release trade packages including: concrete floor polish, architectural structural steel for the monumental
interior stair connecting the new and existing structures, rooftop louvers, EIFS soffits, structural steel
fireproofing, fire stopping, door frames and hardware, dock equipment, fire alarm systems, and asphalt
paving; 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. 4 to the contract with Crossland Construction Company, Inc. in the amount of $2,575,959.00 to be
funded by the Fayetteville Public Library for the additional trade packages identified above associated
with the Fayetteville Public Library Expansion Project, and further approves a project contingency of
14.5% to be held by the Fayetteville Public Library.
PASSED and APPROVED on 7/16/2019
Page 1 Printed on 7/17/19
File Number: 2019-0403 166-19
Attest:
Sondra E. Smith, City Clerk Trea;`u` cj-ERk�T,',,,
�'• • CITY .'PF
'oNi' o' .
Page 2 Printed on 7117119
terry City of Fayetteville Arkansas 113 West Mountain Street
=`= Fayetteville, AR 72701
I c (479) 575-8323
Text File
File Number: 2019-0403
Agenda Date: 7/16/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 5
CROSSLAND CONSTRUCTION COMPANY, INC. CHANGE ORDER NO. 4:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONTRACT WITH
CROSSLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,575,959.00 FOR
ADDITIONAL TRADE PACKAGES ASSOCIATED WITH THE FAYETTEVILLE PUBLIC LIBRARY
EXPANSION PROJECT, AND TO APPROVE A PROJECT CONTINGENCY OF 14.5% TO BE HELD
BY THE FAYETTEVILLE PUBLIC LIBRARY
WHEREAS, approving Change Order No. 4 will allow Crossland Construction Company, Inc. to release
trade packages including: concrete floor polish, architectural structural steel for the monumental interior stair
connecting the new and existing structures, rooftop louvers, EIFS soffits, structural steel fireproofing, fire
stopping, door frames and hardware, dock equipment, fire alarm systems, and asphalt paving; 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. 4 to
the contract with Crossland Construction Company, Inc. in the amount of $2,575,959.00 to be funded by the
Fayetteville Public Library for the additional trade packages identified above associated with the Fayetteville
Public Library Expansion Project, and further approves a project contingency of 14.5% to be held by the
Fayetteville Public Library.
City of Fayetteville, Arkansas Page 1 Printed on 7/17/2019
City of Fayetteville Staff Review Form
2019-0403
Legistar File ID
7/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Wade Abernathy 6/27/2019 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
Resolution to approve Change Order #4 with Crossland Construction for Bid -19-24 in the amount of $2,575,959
associated with the Fayetteville Public Library Expansion Project. This change order will be funded by The
Fayetteville Public Library. The Library will hold a contingency of 14.5%.
4150.800.9150.00
Account Number
17007.1703
Project Number
Budget Impact:
Library Construction
Fund
Fayetteville Public Library Expansion
Project Title
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
$ 24,585,413.00
$ 23,736,713.40
f$ 848,699.601
$ 848,699.60
V20180321
Purchase Order Number: 20170000693 Previous Ordinance or Resolution # 117-19
Change Order Number:
Original Contract Number:
Comments:
4
Bid 19-24
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 16, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Paul Becker, Chief Financial Officer
CITY COUNCIL MEMO
FROM: Wade Abernathy, Division Manager Facilities / Building Construction
DATE: 6/27/19
SUBJECT: Change Order #4 with Crossland Construction Inc. for bid 19-24 for the
Fayetteville Public Library Expansion Project to be funded by Fayetteville Public Library.
RECOMMENDATION:
Approval of Change Order #4 with Crossland Construction in the amount of $2,575,959 to
include the connecting monumental stair between existing library and expansion, structural steel
fireproofing, doors, frames, hardware, dock equipment, exterior metal panels, fire alarm, and
asphalt paving.
On June 10'h, the Fayetteville Public Library Board of Trustees approved a resolution per
attached memo date June 10, 2019 authorizing the Library to fund 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 5', 2018, Council passed resolution 127-18 for a Change Order #1 to include the
Demolition of the Old City Hospital on the future expansion site.
February 5, 2019 Council passed resolution 38-19 for a Change Order#2 to include the Site
Demolition and Earthwork for the expansion.
May 7, 2019 Council passed resolution 117-19 for Change Order #3 to include: concrete
foundations and slabs, structural steel, masonry, roofing, framing, curtain walls and glazing,
elevator, mechanical, electrical and plumbing systems.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Change Order #4 will release trade packages including: concrete floor polish, architectural
structural steel for the monumental interior stair connecting the new and existing structures,
rooftop louvers, EIFS soffits, structural steel fireproofing, fire stopping, doors frames and
hardware, dock equipment, fire alarm systems, and asphalt paving.
All packages were bid thru the City's Purchasing Division.
BUDGET/STAFF IMPACT:
Funding for this Change Order will be provided by Fayetteville Public Library. They will hold a
14.5% contingency on this item.
Attachments:
Fayetteville Public Library Board Resolution
Director Memo
Meeting Minutes
Change Order #4
FAYETTEVILLE PUBLIC LIBRARY
RESOLUTION
-s-A lYl
RESOLVED, that this Board of Trustees by recorded vote on Jufy 10, 2019 does hereby
approve Expansion Change Order 4 in an amount not to exceed $2.95 million.
L (K�
Janin arty, Pre i ent
Fayet ville Public Library Board of Trustees
Bret Park, Secretary
Fayetteville Public Library Board of Trustees
LoA'117
Date
Date
4)0 FAYETTEVILLE PUBLIC LIBRARY
MEMO
To: Fayetteville Public Library Board of Trustees
From: David Johnson, Executive Director
Date: June 10, 2019
Re: Crossland Change Order #4:
Background:
Subcontract bids were opened May 30, 2019 at the City Administration Building. The bids are currently being
evaluated by Crossland and the Library/City team to determine the final amount of change order 4. The Board of
Trustees (BOT) will be asked to approve use of library bond project funds for this change order. The final number
will be presented at the June 10, 2019 BOT meeting and is expected to be NOT -To -Exceed $2,950,000 ($2.95
million). This change order will provide authorization to complete the weatherization of the new portion of the
library including creating the connection between Blair Library and the new space.
This change order is fully paid by Fayetteville Public Library with the financial assistance of the Fayetteville Public
library Foundation.
A partial listing of the specific work items includes:
• Door frames and hardware;
• Polished concrete;
• Connection between Blair Library and new space;
• Miscellaneous steel and metal panels;
• Fire alarm system, spray applied fireproofing and fire stop;
• Asphalt and base for paving; and,
• Switchgear relocation.
This change order will also need to be approved by the Fayetteville City Council.
Recommendation:
Staff recommends approval of Change Order #4 and forwarding the change order to MayorJordan and Fayetteville
City Council for their approval.
C:\Users\wabernathy\Desktop\Crossland_Change Order 4.docx
0 FAYETTEVILLE PUBLIC LIBRARY
Board of Trustees
June 10, 2019 4 pm (rescheduled from June 17)
MINUTES
Regular Meeting Ann Henry Board Room
Trustees Present: J. Parry, R. Qualls, M. Rice, B. Park, B. Bagwell, and S. Overbey
Trustees Absent: H. Garner
Staff present: D. Johnson, W. Fitzgibbon, S. Davis, S. Palmer, S. Du Preez, S. Litzinger, S. Houk, H. Robideaux, S. McClure,
G. Jelinek, G. Allen, C. Dennis, L. Huffaker, and H. Anderson (new IT intern)
Press: S. Ryburn
Library attorney: V. Chadick
I. Call to order: J. Parry called the meeting to order at 4:01 pm.
II. Minutes: M. Rice moved to approve the minutes of April 15, 2019; B. Park seconded. All voted AYE.
III. Reports
A. Upcoming events
B. Library administration
1. Management reports
a. Performance measures: Most metrics are trending upward.
b. Strategic plan progress through May 2019:
2. Financial reports
a. Budget to actual through April: Local taxes are coming in slightly ahead of schedule, and
revenues are trending as predicted. Investment earnings, at $61,000, include unrealized
gains. Absent these gains, the earnings are $21,000 which is comparable to predicted.
Overall, revenues are $550,000 less than planned, due mainly to some transfers related to
the expansion which have not been needed yet. Expenses are below budget in both library
and support services.
b. Balance sheet through April 2019: Cash and investments on April 30, 2019 were $5.7 million,
and the balance sheet is balanced.
3. Informational
a. Library expansion project update: A power conversion June 10-11, 2019 is not expected to
create a disruption. Construction is going as planned, and the last phase of demolition will
begin soon.
b. SRC: This year's SRC kickoff was the biggest yet with 4500 attending.
c. TRUE NWA (Train, Report, Uplift, and Engage): This project, funded by the Walton Family
Foundation, kicked off at FPL. Participating organizations, competitively selected for this
nine-month endeavor, will be guided in the creation of a plan to promote inclusion,
diversity, and equity.
d. TRUE NWA: This project, administered by the Arkansas Community Foundation and funded
by the Walmart Foundation and Walton Family Foundation is funding a number of
marketing interns in NWA, including Haley Anderson at FPL.
e. Hearth partnership: To support the city's effort to aid people experiencing homelessness,
during a week in July FPL will accept household items in lieu of cash for overdue items.
f. City Styrofoam ordinance: The ordinance will not affect library operations as FPL has not
used Styrofoam for 15 years.
c. Fayetteville Public Library Foundation: no update
D. Friends of the Fayetteville Public Library: The Friends are in the process of rewriting their mission statement.
The Library Trustees will thank them for their $14,000 contribution.
IV. Old business
V. New business
A. Consent items
1. Nepotism Policy: Without objection, this item moved to Discussion Items. J. Parry noted the trend
in human resources is to a business management approach rather than an outright ban on hiring
relatives. Increasingly, family relationships are not viewed as any more self-dealing than friend
relationships. FPL might consider a conflict of interest policy that is holistic in nature, and staff will
research a broader collection of agencies for a more progressive approach. M. Rice moved to postpone
consideration of the draft policy for 30 days. R. Qualls seconded. All voted AYE. Motion carried.
2. Approval of payment to SWEPCo for charges related to switchgear: M. Rice moved to approve the
resolution; R. Qualls seconded. All voted AYE. Motion carried.
B. Discussion items
1. Report of the Nominating Committee: The committee moved to nominate the current officers for
another year; M. Rice seconded. All voted AYE. Motion carried. Officers will be J. Parry President, R.
Qualls Vice -President, B. Park Secretary, and M. Rice Treasurer.
2. Change Order Number 4: M. Rice moved to approve the resolution with the date corrected to
June 10, 2019. Bret Park seconded. All voted AYE. Motion carried.
3. DB Squared contract extension: M. Rice moved to approve the resolution with the date corrected
to June 10, 2019; B. Bagwell seconded. All voted AYE. Motion carried.
VI. Public Comment
VII. Adjournment: B. Bagwell moved to adjourn the meeting; S. Overbey seconded. All voted AYE. Meeting adjourned
at 4:54 pm.
Bret Park, Secretary Date
CROSSLAND
CONSTRUCTION COMPANY, INC
Prime Contract Change Order
SIGNATURE FOR APPROVAL FORM
Fayetteville Public Library - M Project # 18AR11-MHA
401 W Mountain St
Fayetteville, AR 72701
Date: 6/19/2019
To Contractor:
Crossland Construction Company, Inc.
833 S. East Ave
PO Box 45
Columbus, KS 66725
The Contract is hereby revised by the following Items:
Bid Package #3 - Building Shell & MEP
PCO Description
Architect's Project No:
Contract Date: 911/2017
Contract Number: PRIME
Change Order Number: 004
Amount
C0004 BP#4 - Building Pkg $ 2,575,959.00
FPL Bid Package #4 - Building Pkg
Per Contract Documents:
Fayetteville Public Library Addition 100% Construction Documents Dated 2.8.19 by MSR Architects, Updated thru ASI #10 Dated 4.24.19
Fayetteville Public Library Project Manual Dated 2.8.19 by MSR Architects, Updated 5.2.19.
Bid 19-33 -Addendum #1 -Dated 5.22.19
The original Contract Value was...................................................................................................................... $ 110,000.00
Sum of changes by prior Prime Contract Change Orders.......................................................................... $ 22,883,563.00
The Contract Value prior to this Prime Contract Change Order was................................................................ $ 22,993,563.00
The Contract Value will be changed by this Prime Contract Change Order in the amount of .......................... $ 2,575,959.00
The new Contract Value including this Prime Contract Change Order will be .................................................. $ 25,569,522.00
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 Crossland Construction Company, Inc. Fayetteville Public Library
CONTRACTOR OWNER
833 S. East Ave
113 W. Mount in Street PO Box 45
Fayetteville, 72703 Columbus, KS 66725
Addre Address
By `� By Chris Schnurbusch
%SIG VAT SIGNATURE —
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- . .za/ DATE _ 06.19.19
401 W Mountain St
Fayetteville, AR 72701
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70.47
FAYETTEVILLE LIBRARY COA4- POTENTIAL ALTERNATES
Papa 1 of 2
mq�
INCREASE PENALTY RIDER
BOND NO. 8244-49-22 / 09284546
111111 II I II IIII !�II II II I III I I Till 11 IIIII III I II II III III
Doc ID: 018791280003 Type: LIE
Kind: PERFORMANCE BOND
Recorded: 09/11/2019 at 01:59:15 PM
Fee Amt: $25.00 Paqe 1 of 3
Washinqton County, AR
Kyle SVlvester Circuit Clerk
FileB036-00000232
To be attached and form a part of Bond Nos. 824449-22 / 09284546 dated the 3rd day of July, 2018, executed by
Federal Insurance Company and Fidelity and Deposit Company of Maryland / 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 Twenty Two Million Nine Hundred Ninety Three Thousand Five Hundred Sixty Three and 00/100
($22,993,563.00).
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 17th day of July, 2019, said bond shall be amended as follows:
THE BOND SHALL incorporate Change Order #4, Bid Package #4, Building Pkg that was not previously
included and therefore the bond penalty shall increase:
FROM: Twenty Two Million Nine Hundred Ninety Three Thousand Five Hundred Sixty Three and 00/100
($22,993,563.00)
TO: Twenty Five Million Five Hundred Sixty Nine Thousand Five Hundred Twenty Two and 00/100
($25.569.522.00)
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 17' day of July. 2019.
Crossland Construction Company., lik,
PRINCIPAL
BY:
Federal Insuranc Companv a11d
Fidelity and Deposit Company of Maryland /
Zurich American Insurance Company
SURETY
BY:
Key . Kimmel, ATrOVNEY-!N•+.4CT
C H U B B
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company ( 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. Burton, Timothy H. Heffel, David B. McKinney, Todd Alan Rambo,
Timothy Craig Smith, Myriah A. Valdivia and Desiree E. Westmoreland of Wichita, Kansas; Katherine J. Breit, 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 tartness 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 201" day of March, 2019.
Ikmn 11 Chkxtr.\�.i.I;nukrrtx;rry
*09
STATE OF NEW JERSEY
County of Hunterdon
It�phal Al Ilanv. \ ice: I•rea4denI
*0o
On this 20i° day of March, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me 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.
Notarial Seal C0"
Hose CURTIS
,y+r
}C�
140TPAY PUBLIC OF NEW JERSEY
72.b
gw A
crn++lwon FOtII, M
J
�g;tty Pul�li.
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, fur and on behalf of the Company. of bonds, undertakings, recognizances. contracts and other written commitments of the Company
entered into in the ordinary course of business (each a'Written Commitment'):
(t) 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 giant of powers provided for in such persona written appointment as such attorney-in-fact
(3) Each of the Chairman, the President and the Vice Residents of the Company is hereby authorized for and on behalf ofthe 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 maybe specified in such written appointment, which specification maybe 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, w 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 Conunitments.
(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 he affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean 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 %slidly granted or vested"
t, 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.
60 the foregoing Power of Attomey is true, correct and in frill force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ. this 17th day of July, 2019
lkiv;n \I catkxtr. a��� ary ktr�t;uti
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT:
Te hone (908) 903.3493 Fax(908)903-3656 e -mad; stere@chubb.com
FED- VIG-PI (rev. 08-18)
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 Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, 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, Kelly E. KIMMEL, Morgan DEWEY, Monica F. DONATELLI, Debra L. WALZ, Carolyn J.
JOHNSON and Katherine J. BREIT, all of Overland Park, Kansas, EACH, its true and lawful agent and Attomey-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 12th day of June, 2019.
ut t
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 12th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, 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.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 27023
:l i
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-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 17th day of July 2019
elb
1998 / i �
Brian M. Hodges, 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
www. reports felaimsO.zurichna.com
800-626=4577
Washington County, AR
Kyle Sylvester Circuit Clerk
280 N College, Suite 302
Fayetteville, AR 72701
Phone Number: (479)444-1540
Fax Number: (479)444-1537
E -Mail: ksylvesterfco.washington.ar.us
Official Receipt: 2019-00021511
Printed on 09/11/2019 at 01:59:38 PM
�y: 51 on CIRC-WX10
CROSSLAND CONSTRUCTION COMPANY
Date Recorded: 09/11/2019
Instrument ID Recorded Time
BOND
°nd Nos
elity anc
°=land
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M charge
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Amount eJ
B036-00000232 01:59:15 PM $25.00
BONDS '=
CROSSLAND CONSTRUCTION COMPANY INC
TO:FAYETTEVILLE PUBLIC LIBRARY �of
RIDER 8244-49-22
gate
act
Itemized Check Listing
Check # 1898 $25.00
Total Due: $25.00
Paid By Check;
Change Tender