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HomeMy WebLinkAboutB11-0496 Developer Improvement AgreementTOWN DF VAIL Community Development 75 South Frontage Road West Vail, CO 81657 970.479.2139 BOND DEVELOPER IMPROVEMENT AGREEMENT Instructions: This page should be given to your lender/bank and returned with your Jetter of credit. Project Name: Strata Vail (Lion) Condominium Complex Permit Number: B11-0496 ~~~=-----------------------Planner: Jonathan Spence Bond Number: =63=-4..:....:7__,_7_.:4_,_7 ______________________ _ Issuing Bank: Fidelity and Deposit Company of Maryland TOWN OF~ Legal Description: Lot 1 Subdivision: Strata Vail Address: 701 West Lionshead Circle Developer: PCL Construction Services Permit Number: B 11-0496 Improvement Completion Date: June 5. 2017 DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 14th day of February, 2017. by and among PCL Construction Services (the "Developer"), and the Town of Vail (the "Town") and Fidelity and Deposit Company of Maryland (the "Bank"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for 701 West Lionshead Circle. Strata Vail. Lot 1 (address and legal description) wishes to enter into a Developer Improvement Agreement; and WHEREAS, the Developer is obligated to provide security or collateral sufficient in the judgement of the Town to make reasonable provisions for completion of certain improvements set forth in the attached estimated bid(s) in accordance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail; and WHEREAS, the Developer wishes to provide security to guarantee performance of this Agreement, including completion of all improvements referred to in this Agreement, NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at its sole cost and expense, to furnish all equipment and materials necessary to perform and complete all improvements referred to in this Agreement. The Developer agrees to complete all improvements referred to in this Agreement on or before the 5th day of June, 2017. The Developer shall complete, in a good workmanlike manner, all improvements referred to in this Agreement, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed complete until approved and accepted as completed by the Community Development Department and Public Works Department of the Town of Vail. 2. To secure and guarantee performance of the obligations as set forth herein, the Developer agrees to provide security as follows: Bond #6347747 in the amount of $150,242.00 (125% of the total costs of the attached estimated bid(s) as the security for the completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. 3. The Developer may at any time substitute the security originally set forth above for another form of security or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Developer hereunder; and the Developer shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer my have. 5. It is mutually agreed that the Developer may apply for and the Town may authorize a partial release of the security provided to the Town for each category of improvement at such time as such improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition shall the dollar amount of the security provided to the Town be reduced below the dollar amount necessary to complete all uncompleted improvements referred to in this Agreement. 6. If the Town determines, at its sole discretion, that any of the improvements referred to in this Agreement are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or not accepted by the Town as complete on or before the date set forth in Paragraph1 of this Agreement, the Town may, but shall not be required to, draw upon the security referred to in this Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this Agreement may be revoked until all improvements referred to herein are completed by the Developer or the Town in accordance with this Agreement. If the costs of completing the uncompleted improvements referred to in this Agreement exceed the dollar amount of the security provided to the Town, the excess, together with interest at twelve percent (12%) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. If the Developer fails or refuses to complete the improvements referred to in this Agreement, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to penalties pursuant to Section 12-3-9 (Violations: Penalties) and Chapter 1-4 (General Penalty), Vail Town Code. 7. The Developer shall warranty the work and materials of all improvements referred to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter 8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said improvements. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. Dated the day and year first above written. PCL Construction Services, Ryan Odell STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Developer Improvement Agreement was acknowledged before me this 14th Day of February, 2011 by · Witness my hand and official seal. My commission expires bec-bVVtFB-6-'f<_ If r ;}-OM Notary Public J STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) CAROLYN GODFREY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124079643 MY COMMISSION EXPIRES DECEMBER 11, 2020 The foregoing Developer Improvement Agreement was acknowledged before me this 14th Day of February, 2011 by ______________ _ Witness my hand and official seal. My commission expires: ':ti;rc8'f'li\B8{?_ I ( r :lo{bu '- 1 CAROLYN GODFREY NOTARY PUBLIC STATE OF COLORADO NOTARY 10 20124079843 MY COMMISSION EXPIRES DECEMBER 11, 2020 ATTACHED COPIES OF THE ESTIMATED BID(S) Ryan Odell To: Ben Both Subject: Attachments: RE: Strata (Lion) -Letter of Credit Strata Landscaping.pdf Here is a list of items/costs: • Landscaping & Plantings-84,001 • Exterior Striping-$1,393 • Traffic Island Infra-Red Patching-$19,200 • Light Pole Wiring Install-$5,600 Total = $110,194 125% = $137,343 Ryan Odell, LEED® AP BD&C Project Manager PCL Construction Services, Inc. p 719.337.5170 rodell@pcl.com www.pcl.com Connect with us on: Linked ln. Face book, Twitter, YouTube Sharing your vision. Building success. From: Ben Both Sent: Thursday, January 26, 2017 2:20PM To: Ryan Odell Subject: FW: Strata (Lion) -Letter of Credit Hi Ryan, Please provide the amount that the surety bond needs to be for (125% of value of remaining work) and Jonathan's reviewed cost estimate backup detailing what the bond is for so I can complete the attached bond application and get it ordered ASAP. Thanks Ben Both, CCIFP Assistant Manager, Finance & Administration PCL Construction Services, Inc. 2000 S. Colorado Blvd. Ste. 2-500 Denver, CO 80222 p 303-365-6506 1 t 303-365-6590 nbboth@pcl.com www.pcl.com Connect with us on: Linked in, Facebook, Twitter, YouTube Sharing your vision. Building success. From: Jonathan Spence [mailto:JSpence@vailgov.com] Sent: Thursday, January 26, 2017 2:16PM 1 To: Ben Both Subject: RE: Strata (Lion) -Letter of Credit Good Day Ben Yes, the Town of Vail will accept a surety bond for 125% of the remaining exterior work, subject to a review of a cost estimate. Thanks Jonathan Spence, AICP Senior Planner Community Development Department 970.479-2321 vailgov.com twitter. com/vailgov From: Ben Both [mailto:NBBoth@pcl.coml Sent: Thursday, January 26, 2017 1:49PM To: Jonathan Spence Cc: Ryan Odell Subject: FW: Strata (Lion) -Letter of Credit Hi Jonathan, Would the Town of Vail be able to accept a Surety Bond for 125% of the value of work remaining in lieu of a Letter of Credit? We are more accustomed to providing a Surety Bond and would be able to obtain the bond quicker than the LOC. Thanks Ben Both, CCIFP Assistant Manager, Finance & Administration PCL Construction Services, Inc. 2000 S. Colorado Blvd. Ste. 2-500 Denver, CO 80222 p 303-365-6506 1 t 303-365-6590 nbboth@pcl.com www.pcl.com Connect with us on: Linkedln, Facebook, Twitter, YouTube Sharing your vision. Building success. 2 From: Ryan Odell Sent: Thursday, January 26, 2017 1:45 PM To: Ben Both Subject: FW: Strata (Lion) -Letter of Credit Ryan Odell, LEED® AP BD&C Project Manager PCL Construction Services, Inc. p 719.337.5170 rodell@pcl.com www.pcl.com Connect with us on: Linked in, Facebook, Twitter, YouTube Sharing your vision. Building success. From: Jonathan Spence [mailto:JSpence@vailgov.com] Sent: Monday, January 23, 2017 4:08PM To: Ryan Odell Subject: RE: Strata (Lion) -Letter of Credit Good Afternoon Ryan The LOC is what enables a TCO and is required prior to the TCO. A CO is for when everything is 100% completed. Surety needs to be provided for any exterior improvement not completed. I hope this answers your questions. If not, please give me a call. Have a good week. Jonathan Spence, AICP Senior Planner Community Development Department 970.479-2321 vailgov.com twitter.com/vailgov 3 From: Ryan Odell [mailto:ROdell@pcl.com] Sent: Monday, January 23, 2017 3:58PM To: Jonathan Spence Subject: Strata (Lion) -Letter of Credit Hi Jonathan, I am trying to finalize this letter and have a couple questions: • Is this letter actually required for TCO or just CO? We are actively trying to complete as much as possible, so if we can just include the plantings, it would help. That leads into my second question ... • Does this just need to include the sitework/landscaping items (including redoing the infrared at the island) or does it need to include any interior items that are not complete. o For example, the kitchen equipment that was added to the roof held off finishes in several of the penthouse units that will not be complete for TCO. Should I account for that material as well? Any additional clarification is much appreciated. Thanks, Ryan Ryan Odell, LEED® AP BD&C Project Manager PCL Construction Services, Inc. p 719.337.5170 rodell@pcl.com www.pcl.com Connect with us on: Linked in, Facebook, Twitter, YouTube Sharing your vision. Building success. 4 STRATA VAIL Vail, Colorado Total % $amount Item Size Quantitll Bid Com1;1lete com1;1lete DECIDUOUS TREES Quaking Aspen Single Stem (Nursery grown) 2inch 29 $6,475.43 7% $453.28 Quaking Aspen Clump (Nursery grown) 6-8 foot 15 $2,686.53 27% $725.36 $0.00 EVERGREEN TREES $0.00 Colorado Spruce 18 foot 3 $6,261.92 100% $6,261.92 Colorado Spruce 20 foot 3 $8,176.69 100% $8,176.69 Colorado Spruce 22 foot 3 $10,147.71 100% $10,147.71 $0.00 MACHINE TIME $0.00 Skid-ster hours 20 $1,603.86 50% $801.93 Min-x hours 10 $950.54 50% $475.27 Dingo hours 30 $1,809.86 65% $1,176.41 $0.00 DECIDUOUS SHRUBS $0.00 Regent Serviceberry 5 gallon 5 $182.67 40% $73.07 Rock Spirea 5 gallon 10 $380.76 $0.00 Waxflower 5 gallon 14 $685.21 100% $685.21 Rocky Mountain Sumac 5 gallon 33 $1,343.74 100% $1,343.74 Green Mound Alpine Currant 5 gallon 31 $1,126.21 $0.00 Golden Currant 5 gallon 2 $70.17 $0.00 Boulder Raspberry 5 gallon 17 $790.87 $0.00 White Snowberry 5 gallon 56 $1,969.12 $0.00 Mountain Snowberry 5 gallon 15 $641.35 $0.00 $0.00 SPREADING EVERGREEN SHRUBS $0.00 Green Carpet Juniper 5 gallon 42 $1,364.80 $0.00 Buffalo Juniper 5 gallon 166 $5,394.20 70% $3,775.94 Tammy Juniper 5 gallon 33 $1,072.34 55% $589.79 Table Top Juniper 5 gallon 18 $685.38 67% $459.20 $0.00 UPRIGHT EVERGREEN SHRUBS $0.00 Medora Juniper 7 gallon 5 $307.41 $0.00 $0.00 GROUND COVERS $0.00 Creeping Oregon Grape Holly 5 gallon 670 $26,773.37 15% $4,016.01 $0.00 PERENIAL FLOWERS $0.00 Moonshine Yarrow 1 gallon 59 $669.82 $0.00 Paprika Yarrow 1 gallon 31 $351.94 $0.00 Jupiter's Beard 1 gallon 43 $524.52 $0.00 Zagreb Coreopsis 1 gallon 17 $193.00 $0.00 Catmint 1 gallon 38 $431.41 $0.00 Pine Leaf Penstemon 1 gallon 23 $300.00 $0.00 May Night Salvia 1 gallon 53 $646.50 $0.00 $0.00 ORNAMENTAL GRASSES $0.00 Blue Avena Grass 1 gallon 8 $93.79 $0.00 Autumn Light Maiden Grass 1 gallon 88 $1,120.76 $0.00 Shenandoah Switch Grass 1 gallon 98 $1,179.14 73% $860.77 Little Blue Stem 1 gallon 75 $902.40 $0.00 SOD/SEED $0.00 Bluegrass Sod sq ft 9100 $5,501.38 100% $5,501.38 Bluegrass Sod Prep sq ft 9100 $348.14 100% $348.14 Native Seed Mix sq ft 13100 $1,604.07 70% $1,122.85 Native Seed Mix Prep sq ft 13100 $501.17 70% $350.82 $0.00 IRRIGATION $0.00 Irrigation Spray zones 15 $20,032.84 50% $10,016.42 Irrigation Drip zones 11 $13,831.09 10% $1,383.11 $0.00 MISC. $0.00 Compost (6 cu yds/1000) cu yds 70 $5,383.53 45% $2,422.59 Topsoil (Provided on Site) cuyds 210 $4,820.40 45% $2,169.18 Landscape Mulch cu yds 130 $9,948.08 30% $2,984.42 Tree Stakes lin foot 106 ~1,297.87 20% $259.57 $150,581.99 $66,580.79 *This price does not include a crane if needed for topsoil or trees. *This price assumes the GC will provide all sleeving,copper and electrical for irrigation. $150,582-$66,581 = $84,001 [ZJ NORTH 29 Ou.il!rtjA>p.r\onjol ..... a.-qAopo!.nnJI-ol<rl!,..j 'rC;t Spoc:s"""~ily,O&B.S­ '-6CUn;:lSj>QI•o~.B&B- "' . " . " . "' . 0 \0 40 ~ 5 20 SCALE: 1"-20'-0" c-N•mo ~~-~-~!P2..1Y'"""' -·~ MJ'jN~JSil<la Ca!QlSSI""'111J't;vdl' Nq>ct~~• --s.,.,. .. ...,._,'M..,.Nqf Holci:Rinl..,pon11111"4 'J1!1<8'11u ........ '""'-<rnlq'l PIBaJ!'.~.<i'l'S- 2. ALL QUANTITIES AND AREAS ARE F'OR ESTIMATING PURPOSES AND SHALL BE VC:R\FlED BY TilE CONTRACTOR PRIOR TO ORDERING MATERIALS. LANDSCAPE LEGEND 0 DECIDUOUSTREES ~ EVERGREENTREES c;PfP DECIDUOUS SHRUBS ~8 ~ ~ D EVERGREEN SHRUBS ORNAMENTAL GRASSES, GROUNOCOVERS & PERENNIALS NATIVE GRASS SEED TIJRFGRASS SOD LANDSCAPE EDGER 7' CLEARANCE AT HYDRANT, 360' 1 -1'"'-../J 7' CLEARANCE AT ·-''-!-"' FDC, 180' SNOWMELT MANIFOLD IN LANDSCAPE 80)( RE:MEP • AH&HIU&TURI PROJ.NO. !700f.OO DRA'M-1: BG CHECKED: GB CADDfll..E: .dwq DATE: 12/20/2013 REVISIONS: &~~~~nf.':'Of;J1/\o1~ .&. ~~~}20~ I:OISTJIOC~OII &ASI-~ D1/2V201G &cro-05~ 4/25/2016 Jb..CC11-055111S/24/20!S ©OZARCHITEClURE STRATA VAIL 100%CD'S SHEET TITlE: lANDSCAPE PLAN SCAli: As Noted SHEETNUI.IBER: L6 KC Striping, Inc. 8676 iris Street ANada, CO 80005 US (303) 912-7846 tim.doherty@comcast.net ! ADDRESS _ _ --~ JPCL Construction SeNices, Inc. 1 . I 2000 S. Colorado Blvd., Bldg. 2 1 Fax:303-365-6418 I [ Denver, CO 80222 ,-·----~======~==================~~--~ I ESTIMATE# i DATE 3038 1 o9/13/2016 PROJECT: Strata Vail I ACTIVITY Mobilization-Outside Metro I Square Footage i · Arrow-8' Turn Letters 8' QTYJ 2 250 4 Estimate RATE I I 450.00 I 1.20 40.00 20.00 AMOUNT I I 900.00 300.00 40.00 80.00 50.00 50.00 0.45 i 22.50 ,H_a_n_d-ica_p_S_y_m_b_o_l ------------------~~-'---------'---------~--------" L4" Line-LF __ 501 Signs installed with standard telespar posts. Traffic control excluded. TOTAL $1,392.50 Accepted By Accepted Date Ryan Odell From: Michael Froelich Sent: To: Friday, January 6, 2017 2:43 PM Ryan Odell Subject: FW: Median Asphalt Patch Re-Work FYI. .. Value for bonding the asphalt ofthe median. Mike Froelich PCL Construction Services, Inc. p 970.470.6044 1 c 303.263.6114 mfroelich@pcl.com www.pcl.com Connect with us on: Linkedin, Facebook, Twitter, YouTube Sharing your vision. Building success. From: Jeremy Carfi [mailto:jc@schofex.com] Sent: Friday, January 06, 2017 14:42 To: Michael Froelich Cc: Levi Schofield; Megan McDonald Subject: RE: Median Asphalt Patch Re-Work Mike, The value of the infra-red patching is $14,700.00, which is what they are indicating is not acceptable. The three days of traffic control is worth $4,500.00. This gets us a total for the bond amount of $19,200.00. Jeremy Carfi jc@schofex.com Schofield Excavation PO Box 612 Gypsum I 106 Oak Ridge Dr. Suite 201 Gypsum, CO 81637 970.471.3357 mobile 1970-465-7395 fax Megan, This is going back a little ways but in our monthly meeting with the Town of Vail, they stated that they are not going to accept a letter for the re-work that needs to take place on the median asphalt patch. What the Town is requiring is for us to provide$ value of what the re-work will cost and they will add it to bond for the exterior work that we need to complete next spring. Can you please contact your contractors to work up a value of and shoot it over to me? Please feel free to contact me or Odell if you have any questions. Thanks, Mike Froelich PCL Construction Services, Inc. 1 February 7, 2017 Mr. Jonathan Spence Senior Planner Town OfVail Community Development Department 75 South Frontage Road, Vail, CO 81657 References: Strata Vail Landscaping Bond Dear Mr. Spence, Page 1 of 1 2A.1-SL 116 Please find enclosed the bond for the landscaping at the Lion project located at 705 West Lionshead Circle, Vail, CO 81657. The Return Release Contact is Gena Hannaway (Principal-PCL Construction Services, Inc.) at 2000 South Colorado Blvd., Suite 2-500, Denver, CO 80222. Sincerely, Ryan Odell Project Manager PCL Construction Services, Inc. Attachments: Bond No 6347747 PCL CONSTRUCTION SERVICES, INC. 2000 South Colorado Boulevard, Tower Two, Suite 2-500 Denver CO 80222 BondNo. 6347747 Kf'OV ALL MEN BY THESE PRESENI'S, that we PCL CONSTRUCTION SERVICES INC. ------~~~~~~~~~~~~~~------ (hereinafter called "Principal" ) , as Principal, and the FIDELITY AND DEPOSIT COMPANY OF ------------ MARYLAND a Corporation organized and existing under the laws of the State of MD , and authorized to transact business in -----~~--------- the State of ______ ...::C:..::O"---------(hereinafter called "Surety"), as Surety are held and fiimly bound unto TOWN OF VAIL COLORADO (hereinafter called "Obligee"), as Obligee, in the penal sum of -----~--- One Hundred Fifty Thousand Two Hundred Forty Two and 00/1 00 Dollars ( $ 150 242.00 ) , good and lawful money of the United States of America for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally finnly by these presents. SEALED with our seals and dated this ~day of ____ -...:...F..:::ce:,:.:br'""'u_,_arv'-'-----_ __,2=-..0w.1_,_7_ WHEREAS, the above bounden Principal has agreed to certain ------------------ Exterior Improvements to Strata Vail (Lion) Condominium Complex-705 W. Lionshead Cr. Vail, CO 81657 hereinafter to becane a part of this bond. NCM, THEREFORE, the condition of this obligation is such that if the ------- PCL CONSTRUCTION SERVICES, INC. shall well and faithfully construct the said :improvements in a gocrl and -y,urkman-like manner and do and perfonn the things agreed by it to be done and perfonned in accordance with said plans and letter, or in default thereof shall indemnify TOWN OF VAIL COLORADO ----------~~~~~~~~~~~--------- against all loss cost or expense resulting fran its failure so to do, then this obligation shall be void, otherwise to remain in full force and effect. PCL CONSTRUCTION SERVICES ·11\.!C..~·-· ----- ( Princig,al) .· -· - BY:' ffuna /!J.Jlv~ FIDELI~ND DEPOSIT COMPANY OF MABYI AND .. . . ACKNOWLEDGEMffiNTBYSURETY STATE OF ILLINOIS COUNTY OF COOK On this 2nd day of February, 2017 before me, James R. O'Leary, a Notary Public, within and for said County and State, personally appeared Sandra M. Winsted to me personally known to be the Attorney-in-Fact of and for Fidelity and Deposit Company of Maryland and acknowledged that she executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public in the State oflllino· County of Cook ~ OFFICIAL SEAL ~ JAMES R OLEARY NOTARY PUBLIC, STATE OF ILLINOIS COOK COUNTY ~COMMISSION EXPIRES 10/09/2020 i/ ... '• • l.'-. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F. HALEY, 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 Sandra M. WINSTED, Susan A. WELSH, Judith A. LUCKY-EFTIMOV, James B. MCTAGGART, Debra J. DOYLE, Sandra M. NOWAK, Melissa L. FORTIER, Jessica B. DEMPSEY, Christina L. SANDOVAL and Diane M. O'LEARY, all of Chicago, Illinois, 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 13th day of June, A.D. 2016. Secretary Michael McKibben State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Gerald F. Haley On this 13th day of June, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified; GERALD F. HALEY, Vice President, and MICHAEL MCKIBBEN, 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, deposetl1 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. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA-F 036-0055 '·· l! .l ..1_!. '.' .• _. ,.. . ., . EXTRACT FROM BY~LAWS OJ 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 AJ\1ERICAN 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 sh~ll 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 1Oth 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. Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056