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Home My WebLink AboutTricon Construction Group1 • TRICON CONSTRUC T I ON GROUP TRICON CONSTRUCTION GROUP 2245 Kerper Blvd, Suite 2 Dubuque, IA 52001 Bid Security For F.Y. 2020 Virden Creek Levee Improvements 1 4� 5g as 4111 J a A ■' A 'r cC L. �ON C.; - .F Ji •: �� ii.� i... q .. c • w th —g. G X1- i r. u .. 4r gal y ,Y i 17 TRICON CONSTRUCTION G ROU a TRICON CONSTRUCTION GROUP 2245 Kerper Blvd, Suite 2 Dubuque, IA 52001 4i Bid For Pt 2020 Virden Creek Levee Improvements December 12, 2019 1:00 pm FORM OF BID OR PROPOSAL F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS CONTRACT NO. 947 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: Revised Per Addendum No. 2 - 12/9/2019 1. The undersigned, being a Corporation existing under the laws of the State of Iowa, 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 furnish all 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 VIRDEN CREEK LEVEE IMPROVEMENTS, Contract No. 947 all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2020 VIRDEN CREEK LEVEE IMPROVEMENTS CITY CONTRACT NO. 947 ITEM NO. ITEM UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 1 Clearing and Grubbing LS 1.0 $ 40,800.00 $ 90,800.00 2 CY 4,067.0 $ 8.00 $ 32,536.00 Topsoil, Strip, Salvage and Spread 3 Subgrade Preparation SY 3,200.0 $ 5.00 $ 16,000.00 4 Subgrade Treatment, Type 2 Geogrid SY 1,000.0 $ 4.00 $ 4,000.00 5 Excavation for Floodwall, Class 20 CY 10,436.0 $ 18.00 $ 187,848.00 6 Levee Fill, Contractor Furnished CY 5,350.0 $ 17.00 $ 90,950.00 7 Flowable Mortar CY 20.0 $ 300.00 $ 6,000.00 8 Inspection Trench CY 496.0 $ 20.00 $ 9,920.00 9 Remove & Reinstall Drinking Fountain LS 1.0 $ 5,500.00 $ 5,500.00 10 Channel Lining SY 10,270.0 $ 40.00 $ 410,800.00 11 Filter Blanket CY 2,293.6 $ 45.00 $ 103,212.00 12 Removal of Sidewalk SY 295.0 $ 14.00 $ 4,130.00 13 Sidewalk, PCC, 4 -Inch SY 295.0 $ 45.00 $ 13,275.00 14 Removal of Pavement SY 2,300.0 $ 11.00 $ 25,300.00 15 Crack & Joint Sealing LF 14,000.0 $ 3.50 $ 49,000.00 16 Vertical Joint Sealing in Existing Floodwall LF 50.0 $ 100.00 $ 5,000.00 17 Floodwall Removal LF 245.0 $ 65.00 $ 15,925.00 18 Structural Concrete CY 3,050.0 $ 525.00 $ 1,601,250.00 19 Structural Concrete for Stairs at Gates Park Outlet Structure CY 8.0 $ 1,000.00 $ 8,000.00 20 Reinforcing Steel LB 168,123.1 $ 1.50 $ 252,184.65 FORM OF BID AECOM #60221561 FB -1 of 4 City Contract No. 947 F.Y. 2020 Virden Creek Levee Improvements Waterloo, Iowa 2. 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. 3. 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 FORM OF BID AECOM #60221561 FB -2 of 4 City Contract No. 947 F.Y. 2020 Virden Creek Levee Improvements Waterloo, Iowa ITEM NO. ITEM UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 21 Temporary Closure Structure 1 Sta. 102+94 00.00' x 3.00') EA 1.0 $ 10,200.00 $ 10,200.00 22 Temporary Closure Structure 109+12 (10.00' x 1.75') 2 Sta. EA 1.0 $ 10,200.00 $ 10,200.00 23 Temporary Closure Structure 216+65 (10.00' x 3.50') 3 - Sta. EA 1.0 $ 10,200.00 $ 10,200.00 24 Closure Structure (10.00' x 4.05') 4- Sta. EA 1.0 $ 10,200.00 $ 10,200.00 Temporary 312+61 25 Closure Structure Panel Vault EA 1.0 $ 7,680.00 $ 7,680.00 26 12 -Inch Flap Gate Replacement EA 7.0 $ 2,914.00 $ 20,398.00 27 15 -Inch Flap Gate Replacement EA 2.0 $ 3,168.00 $ 6,336.00 28 18 -Inch Flap Gate Replacement EA 2.0 $ 4,183.00 $ 8,366.00 29 42 -Inch Flap Gate Replacement EA 1.0 $ 11,614.00 $ 11,614.00 30 Traffic Control LS 1.0 $ 2,500.00 $ 2,500.00 31 Hydraulic Seeding, Type 1 (Permanent Lawn Mixture) ACRE 5.0 $ 3,800.00 $ 19,000.00 32 Hydraulic Seeding, Type 4 (Urban Temp. Erosion Control Mixture) ACRE 5.0 $ 2,200.00 $ 11,000.00 33 SWPPP Management LS 1.0 $ 5,500.00 $ 5,500.00 34 Temporary Rolled Erosion Control Products, Type 2.D SQ 760.0 $ 2.00 $ 1,520.00 35 12 -Inch Wattle, Installation LF 3,060.0 $ 2.50 $ 7,650.00 36 12 -Inch Wattle, Removal LF 3,060.0 $ 0.50 $ 1,530.00 37 Silt Fence, Installation LF 6,385.0 $ 2.00 $ 12,770.00 38 Silt Fence, Removal of Sediment LF 6,385.0 $ 0.40 $ 2,554.00 39 Silt Fence, Removal of Device LF 6,385.0 $ 0.40 $ 2,554.00 40 inlet Protection Device, Installation EA 16.0 $ 75.00 $ 1,200.00 41 Inlet Protection Device, Maintenance EA 32.0 $ 35.00 $ 1,120.00 42 Chain Link Fence, 6 -Foot High LF 3,332.0 $ 35.00 $ 116,620.00 43 Gate, Chain Link, 6 -Foot High, 14 -Foot Span, Double Swing EA 3.0 $ 1,000.00 $ 3,000.00 44 Gate, Chain Link, 6 -Foot High, 4 -Foot Span EA 1.0 $ 500.00 $ 500.00 45 Removal of Fence LF 3,539.0 $ 3.00 $ 10,617.00 46 Hand Rail, 1 1/2 -Inch Diameter Galvanized Steel LF 41.5 $ 180.00 $ 7,470.00 47 Demolish Church Rectory LS 1.0 $ 18,500.00 $ 18,500.00 48 Decommission Existing Gage House LS 1.0 $ 5,500.00 $ 5,500.00 49 Mobilization LS 1.0 $ 0.00 $ 548,070.35 50 Concrete Washout LS 1.0 $ 2,500.00 $ 2,500.00 TOTAL BID AMOUNT $ 3,808,500.00 2. 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. 3. 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 FORM OF BID AECOM #60221561 FB -2 of 4 City Contract No. 947 F.Y. 2020 Virden Creek Levee Improvements Waterloo, Iowa Revised Per Addendum No. 2 - 1219)2019 delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter 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 him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Five Percent Dollars ($ bio ) in the form of Bid Bond , is submitted herewith in accordance with the INSTRUCTIONS TO B IDDERS 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Bidders Status Form. 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 in the current calendar year, are prepared to submit an AAP or Update and an E OC, within ten (10) days of notification that the bid submitted is lowest and acceptable 9. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 12/04/2019 2 12/09/2019 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day B ids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit 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 Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 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. FORM OF BID AECOM #60221561. FB -3 of 4 F.Y. 2020 Virden Creek Levee Improvements City Contract No. 947 Waterloo, Iowa Revised Per Addendum No. 2 - 12/912019 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. BY: Tricon General Construction, Inc. December 12, 2019 (Name of (der) (Date) — itie Owner Official Address: (Including Zip Code): 2245 Kerper Blvd, Suite 2 Dubuque, IA 52001 I.R.S. No. 42-1479598 FORM OF BID AECONI #60221561 FB -4 of 4 F.Y. 2020 Virden Creek Levee Improvements City Contract No. 947 Waterloo, Iowa bidder Status Form To be completed by all bidders P rt Please answer "Yes" or "No" for each of the following: x 0 x x Yes [J 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 II No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes 111 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: 0801 2004 Present 2245 Kerper Blvd, Suite 2 D ates: / / to / / Address: City, :State Zi Dubuque, IA 52001 Zip: 09 01 2012 Present 746 58th Avenue Ct SW D ates.. / / to / / Address: i State,Zip:Cedar Rapids, IA 52404 City, D ates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by nonresident bidders Par: 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor ri Yes __ No 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. You may attach additional sheet(s) if needed. _ To To be completed by all bidders Park 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 infor ation may be a reason to reject my bid. Firm Name: Tricon General Con Signature: 4 Date: 12/12/2019 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 Part A 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 Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ■ 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 ❑ 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 ■ 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 filed. ❑ Yes ❑ 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. ❑ Yes ❑ 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 9 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 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) NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa County of Dubuque )ss Ron Richard , being first duly sworn, deposes and says that 1 He is (Owner, Partner, Officer. Representative, or Agent) , of Tricon General Construction, Inc. , the Bidder that has submitted the attached Bid; He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3 Such Bid is genuine and is not a collusive or sham Bid; 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 5 The price or prices quoted in the attached Bid are fair and proper collusion, conspiracy, connivance or unlawful agreement on the part agents, representatives, owners, employees, or parties in interest, (Signed) are not tainted by any he Bidder or any of its ng this affiant. Owner Title Subscribed and sworn to before me this 12th day of December Witness 2019 My commission expires 04/21/2022 I Ea ats. w 1. e� f 7 c444. 4 CYNTHIA S. GOTTA I Commission Number 728037 My Comm. Exp. t2'1-Zr• ZZ NON -COLLUSION AFFIDAVITS AECOM #60221561 Title NCA -1 of 2 F.Y. 2020 Virden Creek Levee Improvements City Contract Nol_ 947 Waterloo, Iowa MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT i FORMATION FORM Prime Contractor Name: Tricon General Construction Project: 2020 Virden Creek Levee Letting Date: 12/12/2019 NO MBENVBE SUBCONTRACTO' = • f you are using any MBEIWBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not f-a,:� le with this project. ff any MBEIWBE subcontractors will be used, please use the bottom portion of this form. Title: Owner Date: 12/12/2019 Contractor Signature: SUBCONTRACTORS APPLICA= L You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBENVBE 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. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBEIWBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBENVBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBEIWBE 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 MBEIS'DE Subcontractors Quick Construction Watco Construction Carter Electric Daniels Home Improve meat Dates Contacted 12/05/2019 12/05/2019 12/05/2019 12/05/2019 • Yes/No No No No No Dates Contacted Yes/No Dollar Amount .Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 MBE?WEE PARTICIPATION AECOM 460221561 M-6 of 6 FY 2020 Virden Creek Levee lmprovennents City Contract No. 947 !Waterloo, Iowa BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Tricon General Construction, 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 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 12th day of December 1 2019 , for F.Y. 2020 Virden Creek Levee Improvements 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 pres- ents to be signed by their proper officers this 12th day of December , , A.D. 2019 . Tricon General Construction, Inc. (Seal) stleitt � nncipal By Fidelityand Deposit Co pant' of Maryland (Title) Ronald L Richard (Seal) Witness SuretyOwner , bit� By .47 ee'' Todd Schaap Witness Kimberly S. Rasch Attorney-in-factp BID BOND AECOM #60221561 BB 1 OF 1 F.Y. 2020 Virden Creek Levee Improvements City Contract No. 947 Waterloo, Iowa ri 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, Thomas O. CHAMBERS and Todd SCHAAP both of Franksville, 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 10th day of July, A D 2019. reprootA 0> ye.sace Dy'fining net 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 10th day of July, 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. IOW I ', \...r''. :1 ; Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 x/1121/11!\\ 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, 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 12th day of December, 2019• 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.reportsfclaims@zurichna.com 800-626-4577 STATE OF WISCONSIN ) COUNTY OF Racine ON THIS 12th day of December 2019 before me, a notary public, within and for said County and State, personally appeared Todd Schaap to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the Fidelity and Deposit Company of Maryland , a corporation of Illinois , created, organized and existing under and by virtue of the laws of the State of Illinois that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Todd Schaap did acknowledge that he/she executed the said instrument as the free act and deed of said Company. d JackJack e Sheldon Notary Public, Racine County, Wisconsin My Commission Expires 2/13/2023 NBY f 9 0� aSe sto di 71. JACKIE I-='ELDON etrOPP ss era