HomeMy WebLinkAboutDorner, Inc./ Oshkosh CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: Darner, Inc. Date: March 18, 2016
E506 Luxemburg Road Project: First Local Street Concrete Paving
Luxemburg WI 54217 Program
From: Amber Heise, Admin. Assistant
Attn: Daniel Dorner Re: Signed Agreement
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Signed Agreement for First Local Street concrete Paving Program
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment
Remarks:
cc: City Clerk (original)
Public Works (original)
CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 24th day of February, 2016, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DORNER,
INC., E506 LUXEMBURG ROAD, LUXEMBURG, WI 54217, party of the second part,
hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named,
agree as follows:
ARTICLE I. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials and. all of the
equipment and labor necessary, and to perform all of the work shown on the plans and
described in the specifications for the project entitled or described as follows:
Public Works Contract No. 16-04
for the paving, sidewalk, driveway and utilities for First Local Street Concrete Paving
Program, for the Public Works Department, pursuant to Resolution 16-95 adopted by the
Common Council of the City of Oshkosh on the 23RD day of February, 2016,
all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other
Contract Documents referred to in ARTICLE V of this Contract.
ARTICLE II. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the Special Conditions and/or
CONTRACTOR's proposal.
ARTICLE III. PAYMENT
(a) The Contract Sum,
The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of
Five-Million-Nine-Hundred-Forty-Thorisand-Three-Hundred-Five Dollars and 411100
($5,940,605.41), adjusted by any changes as provided in the Specifications, or any
changes hereafter mutually agreed upon in writing by the parties hereto, provided,
however, in the event the Proposal and Contract Documents are on a "Unit Price" basis,
the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay
to the CONTRACTOR for the performance of the Contract the amounts determined for the
total number of each of the units of work as set forth in the CONTRACTOR's proposal; the
number of units therein contained is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by the
I
work covered by the Contract.
(b) Progress Payments.
In the event the time necessary to complete this Contract is such that progress payments
are required, they shall be made according to the provisions set forth in the Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY harmless
against all actions, claims and demands of any kind or character whatsoever which may in
any way be caused by or .result from the intentional or negligent acts of the
CONTRACTOR, his agents or assigns, his employees or his subcontractors related
however remotely to the performance of this Contract or be caused or result from any
violation of any law or administrative regulation, and shall indemnify or refund to the CITY
all sums including court costs, attorney fees, and punitive damages which the CITY may be
obliged or adjudged to pay on-any such claims or demands within thirty (30) days of the
date of the CITY's written demand for indemnification or refund.
ARTICLE V. INSURANCE
The Insurance required by the City of Oshkosh as specified in the CITY's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primary coverage and that any-insurance or self insurance maintained by the City of
Oshkosh, its officers, council members, agents, employees or authorized volunteers will
not contribute to a loss. All insurance shall be based upon the occurrence of an event, and
not based on claims made. All insurance shall be in full force prior to commencing work
and remain in force until the entire job is completed and the length of time that is specified,
if any, in this Contract, the Specifications, whichever is longer.
ARTICLE VI. COMPONENT PARTS OF THE CONTRACT
This Contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. The City's Plans and Specifications, including all Addenda's.
3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. Contractor's Proposal
The Contract Documents are complementary;what is required by one is as binding
as if required by all. Before undertaking each part of the work, the CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify all pertinent
figures and measurements required therein. CONTRACTOR shall promptly report in
writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR
may discover and shall obtain written clarification from the Engineer before proceeding with
any work affected thereby.
2
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In the event that any provision in any of the above component parts of this Contract
conflicts with any provision in any other of the component parts, the provision in the
pomponent part first enumerated above shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"CONTRACTOR" wherever used in this Contract means the party of the second part and
its/his/their legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract
to be sealed with its corporate seal and to be subscribed to by its City Manager and City
Clerk and countersigned by the Comptroller of said City, and the party of the second part
hereunto set its, his or their hand and seal the day and year first above written.
In the Presence of: CONTRACTOR
_ DORNER, INC.
blBy:.a90'-e-Cj
Prt
niAer+ .
(Seal of,Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
V By:
�- M rk A. Rohloff' YCit Man er
(Wi ess)
, , g
And:
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
Q1ity/AAbrneCy-
y
City Comptroller
3
DATE(M%VDD1YYYY)
CERTIFICATE OF LIABILITY INSURANCE 09101120!6
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT.If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. L
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on w
this certificate does not confer rights to the ceriificato holder In lieu of such endorsement($),
PRODUCER CONTACT
NAME: �
Aon Risk Services Central, Inc. PHONE (9211) 437-7123 FAX (920) 431-6345 a
Green Bay WI office (AfC.No.Ext): AIC,No.):
111 N. Washington street, suite 300 E-PAWL o
P. o. Box 23004 ADDRESS:
Green Bay 141 54305-3004 USA INSURER(S)AFFORDING COVERAGE NAICB
INSURER INSURER A: Greenwich Insurance Company 22322
Dorner, Inc INSURER B: Zurich American Ins Cc 16535
E506 Luxemburg Road
P, 0, Box 129 INSURER C: Travelers Property Cas Co Of America 25574
Luxemburg WI 54217 USA INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:570061321216 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU8JECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
LTR TYPE OFINSURANCE INSO WVD POLICYNUMSER MArlDD kArOd.IO
GLO - LIMITS
B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000
CLAIhdS-kIADE OCCUR $300,
GENERAL LIABILITY D ! GE TO RFNTEO
000
El PREMISES a occurtence
X XCU MED EXP(Any one person) S10,000
X Contractual Uab PERSONAL&ADV INJURY $1,000,000
GENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 `v
N
POLICY PRO. LOC PRODUCTS-COPMWOP AGO $2,000,000 M
JECT
OTHER:
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B AUTOMOBILE LIABILITY BAP9486222-04 06/01/2015 06/01/2016 COMBIN1=OSINGLELIMIT 'D
AUTO I., dent $1,000,000
X ANY AUTO BODILY INJURY(Per person) Z
OVINED SCHEDULED BODILYINJURY(Pefacadent) N
AUTos ONLY AUTOS ++
X NIREOAUTos X NON-OWNFO PROPERTY DA"AGE
V
MY Amos ONLY Per ac6denl
IL=
G X UMBRELLAw(B X I OCCUR zUv-15N94504-15-NF 06/01/2015 Ob/01/2016 EACH OCCURRENCE S8,000,006 C)
1-1 cLwMs-
£xc£ssLUMBRELLA AGGREGATE $8
IAB MADE ,000,000
DEo RETENTION
B WORKERS COMPENSATION AND wt:9486224-04 06/01/2015 06 01 2016 X I PER orN-
EMPLOYERS'LlABILITY YIN WRKERS COMPENSATION STATUT HIR
ANY PROPRIETOR I PARTNER 1 EXECUTIVEE.L.EACH ACCIDENT $S00,000
OFFICERMEMBER EXCLUDED? NIA -
(Mandalory In N}1) E.L.DISEASE-EA EMPLOYEE $500,000
!Fye s,describe under
DESCRIPTION OF OPERATIONS belaN E.L.DISEASE-POLICY LIPI T $500,000..�..
A Contractor Poll PEc004101102 06/01/2015 05/01/2016 Each occurrence $1,000,000
POLLUTION LIABILITY Aggregate $1,000,000
SIR applies per policy ter s & conditions
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is requlredl
RE: PUBLIC WORKS CONTRACT NO 16-04. ADDITIONAL INSURED ON THE GENERAL LIABILITY CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL
MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS AS RESPECTS TO THE PROJECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED
ENDORSEMENT, AS REQUIRED BY WRITTEN CONTRACT. ENDORSED POLICIES WILL INCLUDE A 30 DAY NOTICE OF CANCELLATION/NONRENEWAL FOR ANY
REASON OTHER THAN NONPAYMENT OF PREMIUM, PROVIDED TO THOSE PARTIES INDICATED IN THE WRITTEN CONTRACT. `.._
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CERTIFICATE HOLDER CANCELLATION ! i
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
CITY OF OSHKOSH
PO BOX 1130 AUTHORIZED REPRESENTATIVE
OSHKOSH WI 54902 USA
019882015 ACORD CORPORATION.All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
PERFORMANCE BOND CITY OF OSHKOSH
Contract Number 16-04 BOND#09167797
Date Bond Executed (Date of Contract or Later) 03/01/2016
PRINCIPALICONTRACTOR(Legal Name and Business Address) Type of Organizaffon
Darner, Inc,
E506 Luxemburg Rd ❑Individual ❑Partnership
Luxemburg, WI 54217 ® Corporation
State of incorporation
Wisconsin
SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond
Fidelity and Deposit Company of Maryland $5,940,605.41
1400 American Ln, Tower 1, 19th Floor
Schaumburg, IL 60196
OWNER(Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh,Wisconsin 54903-1130
OBLIGATION
The Contractor and Surety,jointly and severally, bind themselves,their heirs, executors,administrators, successors
and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified
above,which is incorporated herein by reference,
This Bond shall cover any work performed during Initial construction and any warranty period required by the
Contract.
If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform
or complete any material term of the Contract, then the Surety(les)obligation under this Bond shall arise after:
1. The Owner provides notice to the Contractor and Surety that the Owner Is considering declaring the
Contractor In default of the Contract. Within five (5) business days of the Owner's notice, either the
Contractor or the Surety may request a conference with the Owner to discuss such default and the
remedy therefor, if a conference is requested, the conference shall be scheduled to take place at
Owner's principal place of business or another agreed upon Iocatlon within five(6)business days of the
request for conference. if the Owner, Contractor and Surety agree, the Contractor may be allowed a
reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any,
to subsequently declare the Contractor in default;
2. The Owner declares the Contractor In default and notifies the Surety of the declaration of default; and
3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the
Contract to the Surety or to a qualified Contractor selected to perform the Contract.
Fallure of the Owner to comply with the notice requirement specified above shall not release the Surety from its
obligations,
Upon notice from the Owner as provided above, the Surety shall promptly and at Surely's expense take one of the
following actions:
1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract;
2, Undertake to perform and complete the Contract itself, through qualified agents or independent
Contractors;
3. obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a
contract with the Owner for performance and completion of the Contract, to be secured with
performance and payment bonds, and to pay to the Owner as damages any amount In excess of the
original contract amount for the completion of the Contract; any additional legal, design professional,
architect, or consultant fees resulting from any delay in the completion of the Contract; and any
applicable liquidated damages specified w€thin the Contract resulting from any delay in the completion
of the Contract.
4, Make payment to the Owner, as soon as practicable after an amount is determined for completion of
the Contract; or
5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial.
If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety
shall be deemed In default on this Bond five (b) business days after notice by the Owner demanding the Surety
perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon
default.
Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2
above, Surety's liability shall be limited to the amount of this Bond,
Notice to the Contractor or Surety shall be deemed to have been given: (I) upon delivery to en officer or person
entitled to such notice, if hand delivered; or (ii) two(2) business days following deposit In the United States mail,
postage prepaid; (ilo upon delivery by a commercial carrier that will certify the date and time of delivery;or(iv)upon
transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner,
Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic
address that has been provided in writing to the other party to be used for this purpose.
The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or
other legal requirement shall be deemed incorporated herein.
The above obligation is void If the Contractor performs and fulfills all the terms, conditions and agreements of the
Contract and any authorized modifications during the term of the original Contract and any extensions thereof,
Notice to the Surety is waived for any modifications agreed upon by owner and Contractor,
Dorner, Inc. Fidelity and Deposit Company of Maryland
Dame of Principal/Contractor Name of Surety
By: By:
flap rias e Title Robert Downey, Attory-in-Fact
}
PAYMENT BOND CITY OF OSHKOSH
Contract Number 16-04 BOND#09167797
Date Bond Executed (Date of Contract or later) 03/01/2016
PRINCIPAUCONTRACTOR(Legal Name and Business Address) Type of Organization
Dorner, Inc.
E506 Luxemburg Rd ❑Individual 0 Partnership
Luxemburg, WI 54217 0 Corporation
State of Incorporation
Wisconsin
SURETY(IES)(Legal Name(s)and Buslness Address(es)) Penal Sum of Bond
Fidelity and Deposit Company of Maryland $5,940,605.41
1400 American Ln, Tower 1, 19th Floor
Schaumburg, 1L 60196
OWNER(Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh,Wisconsin 54903-1130
OBLIGATION
The Contractor and Surety,jointly and severally, bind themselves,their heirs, executors, administrators,successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use In the performance of the
Contract Identified above,which Is Incorporated herein by reference, subject to the following terms.
If the Contractor promptly makes payment of all sums due to claimants, and defends, Indemnifies and holds
harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use In the performance of the Contract, then the Surely and the Contractor
shall have no obligation under this Bond.
if there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform
or compete any material term of the Contract, then the Surety(les) obligation under this Bond shall arise after the
Owner has promptly notified the Contractor and the Surety of claims, demands, liens or sults against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in
the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor
and the Surety.
Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to
satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor In the performance of the Contract are dedicated to satisfy
obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the
completion of the work.
t t
Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend,
indemnify and hold harmfess the Owner agafnst such claim, demand, flan or suit.
Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the
amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for
Payment of any undisputed amount claimed,
Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that
are unrelated to the Contract. The Owner shall not be liable for the payment of any costs ar expenses of any
claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants,
or otherwise have any obligation to claimants under this Bond.
Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person
entitled to such notice, if hand delivered, or (ii) two (2) business days following deposit In the United States mail,
Postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery, or(Iv)upon
transmission if by facsimile, email or other form of electronle transmission. Notices shall be provided to the Owner,
Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic
address that has been provided in writing to the other party to be used for this purpose.
The laws of the Slate of Wisconsin shall govern the Interpretation and construction of this Bond. Winnebago
County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with
statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or
other legal requirement shall be deemed Incorporated herein.
Dorner, Inc. Fidelity and Deposit Company of Maryland
Name of Principal/Contractor Name of Surety
By- ` .
8y:
Title ��cst'dcn Title
Robert Downey, Attorney n-Fact
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,die 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
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-haws 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 Michael J.DOUGLAS, Chris STEINAGEL, Christopher M.KEMP,Robert DOWNEY and Connie
SMITH, all of Hudson,Wisconsin, EACH its true and lawful agent and Attoniey-in-Fact,to make,execute,seal and deliver, for,and an
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., (lie 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
the By-Laws of said Companies,and is now in force. 8,of
IN WITNESS WHEREOF, dte said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seats of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of December,A.D.2015.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
v oto -0 '.
� a� i 4;3°�� 'o��4c'sos
was 'y,��*,......• t�.
Sect•etaty
Eric D.Barnes Vice President
Thomas O.McClellan
State of Maryland
County of Baltimore
On this 29th day of December A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duty cormnissioned and qualified,THOMAS
O. MCCLELLAN, Vice President, and ERIC A BARNES, 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 duty 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 Seats and the signature as such officer were duly affixed and subscribed to the said histrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seat the day and year first above written.
,`f11�11111'`;`
Constance A.Duni,Notary Public
My Commission Expires:July 9,2019
POA+ 184-0011A
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fac!. 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
1, 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 I Oth 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 TESTIMON WHEREOF,I have h rgunto subscribed my name and affixed the corporate seals of the said Companies,
Aythis day of 20A�
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e J e
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Gerald F.Haley,Vice.President