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HomeMy WebLinkAboutMiron Construction Co., Inc.SEALED BID FOR: F.Y. 2020 Digester #3 Lid Removal Deliver to: Office of the City Clerk, City Hall 715 Mulberry St. Waterloo, IA 52404 From: Miron Construction Co., Inc. 335 French Ct. SW Cedar Rapids, IA 52404 319-298-5200 CITY OF WATERLOO CITY CLERKS OFFICE AL 11 2015 4W:04:25 r SEALED BID DOCUMENTS FOR: F.Y. 2020 Digester #3 Lid Removal Deliver to: 4 Office of the City Clerk, City Hall 715 Mulberry St. Waterloo, IA 52404 From: Miron Construction Co., Inc. 335 French Ct. SW Cedar Rapids, IA 52404 319-298-5200 CITY OF WATERLOO CITY CLERK OFFICE tiFY ! �+• ��'iF i� JIJL 112019 HM11:01:55 2�J FORM OF BID OR PROPOSAL F.Y. 2020 DIGESTER #3 LID REMOVAL CONTRACT NO, 982 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1,. The undersigned, being a Corporation existing, under the laws of the State of WI . a Partnership. consisting of the following partners: having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, ,Iowa, hereby proposes to furnishall supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and ` services, including utility and transportation services required to construct and: complete this F.Y. 2020 DIGESTER #3 LID REMOVAL, Contract No. 982, all in accordance . with theabove-listed documents and for the unit prices for workin place for the following items and quantities Y.. 2420 .DIGESTER`#3:•LIQ: REMOVAL= CONTRACT NO. 982 ITEM UNIT EST oTY ALL 1NcRK: DE:SCRI.8.ED 1.00 iflSJIT DID Pi!CE 148,226.00 TOTAL BIO. PRIG $148,226.;04 It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. In submitting this bid; the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the e undersigned within.. thirty (30) days after, theopening thereof, or at any time thereafter .: FORM OF BID CONTRACT NO. 982 Pane 1 flf 3 4, before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to hire for signature, and start workwithin ten (10) days after "Notice to Proceed" is issued. Security in the sum of 5% of amount bid Dollars ($ 5%. of amount, bid . ) in the form of Bid Bond is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non - Resident Bidder Certification ( X )..(Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), .which'. have performed an aggregate of $10;.000.00 in work for the City n the current calendar year, are prepareddto submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9, The bidder hasreceived the following Addendum or Addenda: Addendum No.. Date 10. - The bidder steal! list the. MBELWBE subcontractor(s), amount. of subcontracts and bid> items on,:the City of Waterloo: Minortty:.and/or Women Business Pre- bid Contact Information Form subenittecf with'this Form. of Bid. -or Proposal; The apparent low .Bidder shall submit a .list of aU): other Subcontractor(s) to be used on this Project to the City of Waterloo by x;40 p.m, the business day following the day Bids on this Project are due along' with the Non -Collusion Affidavits of Ail: Subcontractor(s): The Contractor .':..shallsubmit... information on ` subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract, The subcontractors "listed on this proposal and/or submitted to the Contract Compliance Officercannot be changed except for the following reasons: The City of Waterloo does not approve the subcontractors, FORM: OF, BiD: • coNTRACT.:NO, 982. Page 2. of 3 • 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Miron Construction Co., Inc. (Name of Bidder) 7/11/19 (Date) BY: elle SJ9 • Title President Dav'd G. Voss, Jr. //J Official Address: (Including Zip Code): 335 French Ct. SW Cedar Rapids, IA 52404 I.R.S. No. 39-0787083 CllIDAA IIC Qui r(IrITnA!` T rI(I CIO'J ❑•..... '] ..f 9 Building Excellence MIRON CONSTRUCTION CO., INC. 1471 McMahon Drive, Neenah, WI 54956-6305 P.O. Box 509, Neench, WI . 54957-0509 PH 920.969.7000 MIRON-CONSTRUCTION.COM FY 2020 Digester #3 Lid Removal RFP — City of Waterloo, Iowa Contract Number 982 July 11,2019 1. Work Plan a. Level the Digester #3 lid to free the lid from a bound position. i. Miron will use multiple porta-power rams to lift the lid in a sequence. 11. Miron will use cribbing to support the lid as we apply pressure and lift the side away from the concrete. iii. Miron will get the lid level and loose prior to bringing a crane on-site. b. Crane / Lift i. Use of 500 Ton crane to use a single crane to lift the digester lid. 1. Use of a single crane reduces the risk of the lid springing loose and damaging the lid or the crane. 2. Use of a single crane will be safer for the crew members lifting the lid. 3. City of Waterloo will need to remove a minimum of (1) light post for the crane to set up. ii. Additional picking points to be added to the digester tube steel framing members to lift the lid. iii. Remove internal draft tube mixers from the cover. 1. City of Waterloo will need to disconnect all electrical. 2. Draft tube mixers to be set on cribbing to be provided by the City of Waterloo. Miron has not included inspection or repair. 3. Proposal does not include re -installation. c. Cribbing at Laydown Area. i. Cribbing to consist of crane mats in a configuration to support the Digester #3 Lid. 1 Miron has assumed the lid will be structurally able to support itself on the skirt. 2 Miron has attached a proposed marked up photo of the laydown area. Miron does not anticipate excavating any earth or providing any fill. 2. Other Specific Project Exclusions: a. Sales tax. (project has been identified as tax exempt) b. Engineering. c. Modifications to the existing structure. d. Permanent materials or components. e. All repairs, concrete, steel, lid, other. f. Re -installation. Neenah, WI • Wausau, WI • Madison, WI • Milwaukee, WI • Cedar Rapids, IA EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative:. Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with.: the non- discrimination clauses of this contract or with any of such rules, regulations and orders, this contract maybe canceled, terminated or suspended in wholeor in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. The contractor, subcontractor, vendor and supplier of goods and services will include,or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) EQUAL OPPORTUNITY CLAUSE ppropriate Plfficial) David G Voss, Jr. President (Title) 7/11/19 (Date) PAGE 2 OF 2 PAGES MBEIWBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: Miron Construction Co., Inc Project: F.Y. 2020 Digester # Lid Removal Letting Date: NO MBEIWBE SUBCONTRACTORS: If you are NOT using any MBENVBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBENVBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: id G. Voss, Jr. SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. Title: President Date: 7/11/19 You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBENVBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBEIWBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBENVBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBENVBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted Miron will have no subcontractors on this project. Project only en:ails the removal of the Digester L d which Miron will do itself. (Form CCO 4) Rev. 06-20-02 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: fi Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). Yes ❑ No My company has an office to transact business in Iowa. Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes ■ No My company has been conducting business In Iowa for at least 3 years prior to the first request for bids on this project. Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: Oct. / / 2001 to Oct. / / 2016 Oct. 2016 Preset)! Dates: / / to Dates: / / to / / Address 9440 Atlantic Dr. SW, Suite 3 City, State, Zi p• Cedar Rapids, IA 52404 Address 335 French 0. SW City, State, Zip - Cedar Rapids, IA 52404 Address: You may attach additional sheet(s) if needed. City, State Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: Wisconsin 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. Yes L. No You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Mixon ConstrucnJo., Inc. Signature: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet may be used to help complete PartA of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes ■ No My business is currently registered as a contractor with the Iowa Division of Labor. Yes►. No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes 4 No My business is a general partnership or Joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. Yes D No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes Ci No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. Yes No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been flied. Yes G/ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. o Yes I No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. Yes t1 No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. Yes M No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME' Miron Construction Co., Inc. ADDRESS: 335 French Ct. SW, Cedar Rapids, IA 52404 (Check One) PRIME X FEDERAL ID#: 39-0787083 SUBCONTRACTOR PROJECT NAME' F.Y. 2020 Digester #3 Lid Removal PROJECT CONTRACT NO.: 982 DESCRIPTION OF WORK: B rickwork Carpentry Concrete D rywal I -Plaster -Insulation Electrical Excavation/Grading Flooring Heavy Construction H eating -Ventilating -Air Cond Landscaping Painting Paving Plumbing Roofing -Siding -Sheet Metal Windows Wrecking -Demolition Other (Please specify) Removal of Lid NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Wisconsin County of Winnebago David G. Voss, Jr. that: )ss being first duly sworn, deposes and says 1. He is President (Owner Partner Officer, Representative, Miron Construction Co., Inc. , the Bidder that has submitted the He is fully informed respecting the preparation and contents of and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; or Agent) , of attached Bid; the attached Bid 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representat.ves, owners, employees, or parties in interest, including this affiant. (Signed) av , G. Voss President Subscribed and sworn to before me this July 2019. Title 11th d G. Voss, Jr. - l3l•esident My commission expires 6/3/2022 Notary for Winnebago County, WI x2L/I7J day of Title BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, MIRON CONSTRUCTION CO., INC. as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five percent of amount bid. Dollars ($ 5% of Amount Bid ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 11th day of July 20 t9 for FY 2020 D'gester 113 Lid Removal Waterloo Iowa - Contract No 982 NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 11th day of July A.D. 2019 (Seal) logoil4%w/1"/W Prial MIRON t3L1•TRUCT By DavAd G. Voss, Jqh (Title) President FIDELITY AND DEPOSIT COMPANY OF MARYLANRSeal) Witness Surety r— c Witness By _ Kelly Cody 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 Kelly CODY, Roxanne JENSEN, Trudy A. SZALEWSKI, Jeffrey S. MOORE, Brian KRAUSE and Christopher K. HOYDEN, all of Milwaukee, Wisconsin, 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 19th day of June, A.D. 2019. ix �p ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND l By: Robert D. Murray Vice President c��- JGUNL 4 tY\ By:: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 18th 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 sworn, 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, 2023 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 attorneys -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, Secretary 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. TESTIMONY WI IEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this J /rin day of J (.,1 1 Y' �. ,.an,- -tc 44 es tee e9 10 art rho tm 181 Vicuna If, 44r 14 +•~�*o�J By: 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 Schaumbui g, IL 60196-1056 www.reportsfclaimsgzurichna.com 800-626-4577