308 Fountain Cicle Huntsville, Alabama Huntavile, AL 35801 Cover Memo Meeting Type: City Council Regular Meeting Meeting Date: 7/27/2023 File [D: TMP-3159 Department: Finance Subject: ‘Type of Action: Approval/Action Resolution authorizing the Mayor to execute Change Order No. 1 between the City of Huntsville and Pearce Construction Company, Inc. for the Von Braun Center North Hall and Playhouse Renovations located at 700 Monroe Street SW, Huntsville, Alabama. Resolution No. Finance Information: Account Number: 4016-00-00000-523042-00000000- City Cost Amous 298,495.48 Total Cost: § 298,495.48 Special Cireumstances: Grant Funded: $ N/A Grant Title - CFDA or granting Agency: N/A Resolution #: N/A Location: (list below). Address: N/A District: District] O District2 O District3 OQ Distriet4 OQ District 5 0 Addition: Huntavile, Alabama Page 1 of Printed on 711872023, powered by Lagtar™RESOLUTION NO. 23 - BE IT RESOLVED by the City Council of the City of Huntsville, Alabama, and the Mayor that the contract with Pearce Construction Company, Inc. for Construction Services for the Von Braun Center North Hall and Playhouse Renovations located at 700 Monroe Street SW, Huntsville, Alabama, approved and executed by the City of Huntsville, Alabama on the 12 day of May, 2022, be and the same is hereby amended as is reflected on Change Order Number 1 attached hereto. BE IT FURTHER RESOLVED that the total contract amount be hereby is amended from Nine Million Seven Hundred Sixty Five Thousand Two Hundred Eighty Nine Dollars and No/100s ($9,765,289.00) on behalf of the City of Huntsville, a municipal corporation in the State of Alabama to Ten Million Sixty Three Thousand Seven Hundred Eighty Four Dollars and 48/100s ($10,063,784.48), including this Change Order Number 1 in the amount of Two Hundred Ninety Bight Thousand Four Hundred Ninety Five Dollars and 48/100s ($298,495.48), said Change Order is substantially in word and figures as attached hereto and identified as “Change Order Number 1 to the contract between City of Huntsville and Pearce Construction Company. Inc. for Construction Services for the Von Braun Center North Hall and Playhouse Renovations”, consisting of forty pages (40) together with the signature of the City Council President and an executed copy of said document being permanently kept on file in the office of the City Clerk Treasurer of the City of Huntsville, Alabama. ADOPTED this the 27th day of July, 2023. President of the City Council of the City of Huntsville, Alabama APPROVED this the 27th day of July, 2023 Mayor of the City of Huntsville, Alabama“EXHIBIT B” CITY OF HUNTSVILLE, ALABAMA, CONTRACT CHANGE ORDER (CHANGE ORDER NO. O1 Von Braun Center PRONECT: Noth Hall & Playhouse Renovations pare, July 14,2023 ‘ro: Pearce Construction Company, Ine. (Contractor) "TERMS: You ar hereby authorized, subject the provisions of your contract for this projec, o make the following changes thereto in accordance wih the atached Change Order Request and spporing documents and 0 plete he mdiiions line in CMR 1, 2,3, 42, 5.6 FURNISH the necessary Iabor, materials and equipment o ‘TRL, ERI, ORI, LORI, R113, 14, 6 19, 20,21 22,2425, 26K 27, 28, 29312, 6 37.394 anh _—(Desepion of wrkto be dope o changes to be made) ‘TOTAL ADDITION OR DEDUCTION 70 CONTRACT PRICE (NOTE: Numbers in parentheses are deduction). For this Change $_298.495,48 S 29849548 ‘ORIGINAL CONTRACT PRICE S_ 9.765.289.00 ‘Net total previous Change Orders SNA Previous revised Contret Price SNA ‘This Change Order No. OL ADD (DEDUCT) S$ 295,405.48 Revised Contract Price this date 5 10,063,784.48 Extension of ime resulting from this Change Onder Zero (0) __ (Indicate no. of calendar day) ‘The amount ofthis Change Order willbe the responsibility of _ Owner (City of Huntsville “This contract modification canttutes ll and mutual accord and satisfaction for al time and all ost related to this change. By _sceeplance ofthis Contract Modification, the Contractor hereby agrees thatthe modification represents an equitable adjustment to the Contract, and further, agrees to waive all right ile any further elsims or changes arising out of or as a esi ofthis change, oF the secumulaton of executed Contract Modifications oa this Contact, ‘he Contractor and Owner(s) hereby gre othe terms ofthis Change Order as contained herein CONSENS OF SURETY ‘CONTRACTING PARTIES, fil La ce Ine. LEWIS C._PRIGE PRESIDENT” = by Framezry + Datos t7 Cominns Gated Repessaine) RECOMMENDED OF WnereAnd af CITVOF HUNTSVILLE, ALABAMA By Taney ae (President of Cy Cour) ay APRS Sa Dae (BC Exceatte Biel) =e 00275-2 CHANGE ORDER FORM,‘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 ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of llinis, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Ilinois (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 tobe in full force and effect on the date hereof, do hereby nominate, consttite, and appoint Claudia C. MCCOY, Hamlin L. CALDWELL, Steven D. MCCURRY, Linda HARLOW, Lisa D. ROSSETTI, Patricia D. RODGERS and Frederick M. LANIER, all of Huntsville, Alabama, EACH its ine and lawful agent and Atiorey-in-Pact, to meke, execute, seal and deliver, fr, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, andthe execution of such bonds or undertakings in pursuance ofthese presents, shal 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 regulary 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 Mili, Maryland., and the regularly elected officers of the PIDELITY 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 ssid ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of February, A.D, 2019. ATTEST: ‘ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By. Robert D. Murray Viee President aune & ren — By Dawn E Brown Seeretary State of Maryland County of Baltimore (n this day of February, A.D. 2019, before the subscriber, a Newry Public ofthe Sate of Maryland, duly commissioned and quale, Robert D. Murray, Viee President and Dawn E, Brown, Secretary of te Companies, lo me personally known 1o be the individuals and olficesdesrbed in and who cxesuted the preceding insirument, and acknowledged the execition of same, and being by me diy swor, deposeth and sith, tht hese ie the sid oie of ‘he Company afoessi, and that he seals afixed tothe preceding instrument re the Corporate Seals oT said Companies, and thatthe said Corporate Seals and ‘he signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corpeatons, IN TESTIMONY WHERFOF, Ihave hereunto set my hand and affixed my Oficial Sel the day and year first above writen Cometarnce OL. Deum ‘Constance A, Dann, Nowy Pablo ‘My Commission Expires: July 9, 2019EXTRACT FROM BY-LAWS OF THE COMPANIES ‘Antcle 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 altomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other lke instruments on behalf ofthe Company, and may authorize any officer of any such attorney-inefact affix the corporate seal thereto; and may with or without eause modify of revoke any such appointment or authority at any CERTIFICATE 1, 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 thatthe foregoing Power of Attomey is sil in full force and effect on the date ofthis certificate: and I do further certify that Aricle V, Section 8, of the By- Laws of the Companies is still in force ‘This Power of Attomey and Certificate may be signed by facsimile under and by authority ofthe following resolution of the Board of Directors ofthe ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held onthe LSth day of December 1998, RESOLVED: "Tha che signature of the President ora Vice President andthe attesting signature ofa Secretary or an Assistant Seeretary and the Seal ofthe Company may be affixed by facsimile on any Power of Attorey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding onthe Company.” ‘This Power of Auomey and Certfieate may be signed by facsimile under and by authority ofthe following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at « meeting duly called and held on the Sth 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 onthe 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 foree 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_Jo{ day of TW » 223 =v © Uv “Ber By: Bran 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 wwww.reportsfelaims@zuriehna.com 800-626-4577