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HomeMy WebLinkAboutContracts & Agreements_133-2002_CCv0001.pdf CHANGE ORDER No. 1 C.O.No. 1 Page I of 2 PUBLIC WORKS DEPARTMENT CHANGE ORDER PROJECT TITLE: Redlands Municipal Airport Shoulder Stabilization Project CONTRACT No. 564350-7150/47008 CONTRACT DATE: August 6,2042 CONTRACTOR: LDANDERSON INC. The following changes are hereby made to the Contract Documents: In lieu of bid item no.3,grade existing surface and compact it to 95%relative compaction per FAA circular item P-152,sterilize the soil per FAA circular item P-217, install 3"of of crushed aggregate with a gradation per the attached Cal-West facilimile per FAA circular item P-218. The referenced FAA circulars are attached and made a part of this change order. Justification: After discussion with the County Airport Manager and the Palm Springs Airport Manager,the crushed aggregate is a much better solution for airport medians. CHANGE ORDER No. I Contractor Information: CONTRACTOR: LDANDERSON INC. Address: 2750 S. Lilac Ave, Boomington, CA 92316 Phone Number: 879-7970 No. Item Description Quantity Unit Unit Cost Cost ContractfWork Install soil cement by mixing in-place 4 percent Portland Cement,6-inches deep,and apply bituminous curing, per 3 Item P-155 -433940 SF 0.39 (169,236.60) Contract Grade existing surface per FAA circular item P-152, sterilize the soil per FAA circular item P-217, install 3" of of crushed aggregate per FAA 6 circular item P-218. 433940 SF 0.431 186,594.20 Remove existing rocks and soil to T below existing grade. Install 3"of crushed aggregate per item No 6 above. 2000 SF 1.00 2,000.00 Change the work hours from the contract to after 5:00 p.m and before 7 6:00 a.m. 1 LS20,000.001 20,000.00 ]Total: $39,357.60 Approved Contract Amount: $209,636.60 Current Contract Amount:(Adjusted by $209,636.60 Request For Increase(Amt): 208,594.20 Previous Change Order(s)) Request For Decrease(Amt): (169 236,60 Revised Contract Amount 1 $248,994.20 ITime Extension work days):0 Previous Time Extensions: 0 Total Working Days: 15 Project Completion Date: September 27,2002 Requested by- A.-. Date: V (4TRACTOWS KFPRESFNTAnVE Recommended by: Date: PR0JE"MPFCMR Accepted by: Date: PROJECT MANAGER Approved by: Date: September 3, 2002 MAYOR HAWS Attest: 4drrie Poy Y ,��Cit Clerk Recorded in Official Records,County of San Bernardino 10/04/2002 LARRY WALKER vT Pm �.. - RECORDING REQUESTED BYAuditor/Controller — Recorder AND WHEN RECORDED MAIL TO: R Regular Mail CITY CLERK DOC#: 2002—0529628 Titles: 1 Pages: 1 CITY OF REDLANDS 35 CAJON STREET Fees 0.00 P.O. BOX 3005 Taxes e.6e 0.00 REDLANDS CA 92373 PAIDr $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,this notice must be filed within 10 days after completion of work. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: CITY OF REDLANDS 3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate of the owner is; In fee. 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on September 24,2002. The work done was: Redlands Municipal Airport Shoulder Stabilization Project 7. The name of the contractor for such work of improvement was: LDAnderson 2750 S.Lilac Ave August 6, 2002 Bloomington,CA 92316 (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of California, and is described as follows:City of Redlands Municipal Airport 9. The street address of said property is: 1745 Sessums Drive Dated: September 25,2002 Civil Engineer, Public Works Departmen of Redlands VERIFICATION I, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion,and have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 25,2002,at Redlands,California. Public Works Director,Public Works Departure ,City of Redlands AGREEMENT THIS AGREEMENT, made and entered into this 6 XjYd/th day of August 2002, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of California, hereinafter referred to as the "City", and L.D. Anderson, Inc. a partnership consisting of or an individual trading as of the City of BloomingtQn_ County Of San Bernardino State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: L SCOPE OF WORK: The contractor will furnish all materials and will perform all of the work for the following: To perform construction of Redlands Municipal Airport Shoulder Stabilization project,complete, all as shown, specified, and made a part of Contract No. 564350-7150/47008. 2. THE CONTRACT SUM OF: 3. TIME FOR COMPLETION: The work shall be completed within twenty (20) work days from and after the date of the Notice to Proceed. 4. CONTRACT DOCUMENTS: The complete contract includes all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto. 5. ATTORNEY FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorney's fees. 6. DEFENSE OBLIGATION: The contractor shall defend the City, its elected officials, officers, agents, and employees from and against any and all claims, losses, damages, and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the contractor, its employees or agents in connection with the performance of the contractor's obligation under this contract. 7. INSURANCE: All policies of insurance required by this contract shall name the City, its elected officials,employees, and agents as additional insureds, and such insurance shall be primary' with respect to such additional insureds and non-contributing to any insurance or self-insurance maintained by the additional insureds. Page 35 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL By: Mayor, City of Redlands County of San Bernardino, California ATTEST: City Cl k, City of Redf, s County of San Bernar o; California L.D. Anderson, Inc. Name of Contactor CON.TRAC.FOR,SEAL By: Signat e o Authorized Agent Lowell D. Anderson, Jr. - Pres President; Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title (if necessary) 636360 "A" Contractor's License No. Page 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino ss, h l?. On August 20, 2002 before me Barbara S. Guist, Notary Public Dale NFme av c Tt4e cf Officer(e a-"June Doe_Notary Public' Personally appeared _.._Dowell D. Anderson, President >., Nor e;s)of Signers; X; personally known to me proved to me on the basis of satisfactory z:. evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acicnowled0ed to me that helshetthey executed _ the same in hisilher`their authorized R6tS �UIS7 capacity(ies`i, and that by his/her/their mma ion 1313282 Z signature(s) on the instrument the person(s), or Notary Public-Calftmia f- z ng County the entity upon behalf of which the person(s) J3ul 15, acted, execrated the instrument. o� WITNESS my band and official seal. _-_ as t Place Notary Sea;Abo^-re SOna,we of votary P-clicAl OPTIONAL Though the information below is;pct requfired by i 11w it may prove valuable to persons relying€n the do urnent and could prevent fraudulent removal and reattachment of this fora;to another document Description of Affached Document Title or Type of Document` – Document Date: - Number of Pages: Signer(s)Her(s}Other Than =me Above: apaci y(i ) Claimed by Signer Signer's flame ----------_ individual a„ r Xi Corporate Officer—Title(s): President r Partner— Limited General Attcrnev in Fact Trustee ?` Guardian or Conservator Other: � ;f Signer Is Representing: -9� .... .-a:NG iA.���,- ?.,SJ Y}ue So!o yam.._.v Boc.U2 e.,,f,r-1,�A 1 24 W„.. .�,. _z4:lr o, , -!. Ca -_lz-Fie4 .F.:`.,f u-2 WORKERS' COMPENSATION INSURANCE STATEMENT I, the undersigned and authorized agent for the contractor, am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under the City's Contract No. 564350- 7150147008. L.D. Anderson Inc Name of Contractor By: nature o Authorized A ent Lowell D. Ander_sox2, Jr. President Signatory's Title 636360 A Contractor's License No. Page 37 CALIFORNIA ALL-PURPOSE CIC L. DG T 41; M. State of California County of San Bernardino _ On August 20, 2002before me, Barbara S. Guist, Notary Public i Date Name and Title of Officer tog."Jane Doe.Notary?tr6=Sc") y4 personally appeared Lowell D. Anderson—Jr. _- -�_ .�-- -- Name+s)of Signer(s) { J personally known to me proved to me on the basis of satisfactory evidence to be the persons) whose names; is/are f subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized �Wi3ARA S.GUIST capacity(ies), and that by his/her/their ' Commission 61313252 � signature(s)on the instrument the person(s), or � Notary Public-C81 fom �ie the entity upon behalf of which the person(s) orangeCounty acted, executed the instrument. my comm.'hires Jul 15,2005 ` WITNESS my hand and official seal, Place Notary Seat Above Signature of Notary Pudic OPTIONAL ;hough the information below is not recurred by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: , __........ _ ..__. _._.. .. Document Date: Number of Pages: �-- — 7/1 Signers)Otter Than Named Above: Capacity(ies) Claimed by Signer Signer's Name:.__ ..... .... - . .. ... - �_ i Individual Top of thurrit,-torr R Corporate Officer---Title(s; President ; _i Partner—IJ Limited [._ General Attorney in Fact Trustee Guardian or Conservator � Other: Signer Is representing: -fr .. :e'�i.�V - - ._'.+t:-ry YA: +cli^'Yh3�%ct .�``v�-. �-.eY�.tt.c✓ r`v'�4=L.: `:: �.:: .!f_. '�`4�.rs' '599Q Natio taf We=ary Assoc,<:,n•x350 vo Sc°a Ave..Pe Box 2402=Chafs==:ottt'.CA 9,313-2402= :ww.-.3tioralnota:>.org Prod,Nd_590 Re;--der Call -Fres S-SCY-1-876-13827 Executed in Two Counterparts Bond No. 0336673 Premium: $1,467.00 Final Premiur Is Based on Final Contract Amount PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as City), and L.D. Anderson, Inc. (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated August 6th , 2002, and identified as Contract No, 564350-7150/47009, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City, NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of Two Hundred Nine Thousand Six Hundred IbLrtv Six and 60/100 dollars (S 209,636.60 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said agreement and any alteration thereof made as therein provided, or his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall defend,indemnify and save harmless the City, its elected officials, officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a pan,of the obligation secured hereby and in addition the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. C. The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anti-vise affect its obligations on this bond, and it does herebv waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. UN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on August 20 2002. Bond No. 0336673 International Fidelity L.D. Anderson, Inc. (SE4L) Insurance Company (SEAL) Surety Bye lv: NJ ,3 ignature. Si inazure L.& ell b- A#q*v_e%e,#j , Mark E. Shreckast, Attorney-in-Fact 7-ft,&wL,a_wr Address- 1575-Tre ttBoulevard, Suite 208 Walnut CUk, CA 94596 925 256-8760 (Nouzial A6--owledgnect5 of Principal and Suety} Telephone: (_ ) See Attached All-Purpose Notary Acknowledgment of Surety Page 38 CALIFORNIAACKNOWLEDGMENT State of California s, County,of San Bernardino , n August 20, 21002 before me, Barbara S. Gust —, Date Name -d Ytfle of v ' er!e.g ne Doe.Notary u i;-`; personally appeared - Lowell D. Anderson Namefs)of S ne,is X personally Known to me proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/her/their authorized B ARBARA capacity(ies and that y his/her ,their Commission282 signature(S} on the instrument the person(s), or .0, fornia the entity upon behalf of which the personss acted, execrated the instrument. My Comm. 5,2005 WITNESS my hared and official seal. . ace Noiary Sea:A1Dcve S natur__of Nota—y Public OPTIONAL Though the information below is not required by law, j=may prove valuable fc persons relying on the document and could prevent fraudulent removal and reattachment of this`orm to anotherdocurment. J Description f Attached Document Title or Type of Document; r<' Document Date;-- - Number r of Pages Sic ner(s Other Than Named Above. h' aait (is) Claimed y Signer Signer's lame. Individual X Corporate Officer—iitle(s%r President artner �srnite General Attorney:n Fact >: Trustee guardian or Gonservaior Other: Signer IsRepresenting: _ - r V;2 -.C . -C'e ., Fat ,..-v,;7 Gail Thc;-�me CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of Los Angeles On August 20,2002 before me,Julie M.Ormondrovd,Notary Public,personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the JULIE M.ORMONDROYD G person,or the entity upon behalf of which the person acted,executed the COMM.#1302326 R instrument. NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 RkY Cmm.Expires April 26,2005 WITNESS my hand and official seal. Signa re of Notary Public Place Notary Seal Above Optional Thou-h the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: 4� —Individual __Corporate Officer-Title(s): —Partner--Limited—General X Attorney-in-Fact —Trustee —Guardian —Other: Signer is Representing: Z� Executed in Two Counterparts Bond No. 0336673 Premium: Included in Performance Bond PAYIWNT BOND WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"),and L.D. Anderson, Inc. (hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which by said agreement dated August 6th , 2002, and identified as Contract No. 564350-7150147008, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the City to secure the &I claims to which reference is made in Tide 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers,materialitien, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of Two Hundred Nine Thousand Six Hundred Thirty Six and 60/100 dollars ($ 209,636.60 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set,forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Tide 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety named, on August 20 2002 Bond No. 0336673 International Fidelity L.D. Anderson, Inc. Insurance Company (SEAL) Primipal Surety ASigInat re p�k E Attorney—in—Fact j Address: 1575 Treat t B ul d, Suite 208 Walnut Cr k, CA 945596 kNotaral Acknowledstmeas of Principal and Surety) Telephone: Q25L 256-8760 ) See Attached All—PurD6se Notary Acknowledgment of Surety Page 39 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California X ss. County of San Bernardino -- August 20 2002 Barbara S. Guist do_ before me, Gats Name and Title of Office=(e.g "Jane Doe,notary Public") personally appeared ­_ Lowell D. Anderson Narne(s)of Signer(s) r X personally known to me .} proved to me on the basis of satisfactory �. evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their MRBARA S.Gutsz signature(s) on the instrument the person(s), or Commission 1313282 Z the entity upon behalf of which the persons) Notary Public- 8tttorria acted, executed the instrument. orainn e County < C,otnm.EjpiJul 18,2 a WITNESS my hand and official seal. ti Place Notary Seai Above Signature of notary Public -' OPTIONAL IOB'fH7.. � Though the information below is net required by law, it may Prove valuable to persons relying on the document 'r ,. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ..._........ _.... ... .. .__. ... . . .. .. .... . ........ . .... ............ Document Date: Number of Pages: —_ Signers)Other Than [yarned Above: K Capacity(ies) Maimed by Signer Signer's Name: —---.. - Individual Top of thumb-tete —Titie(s . PresidentCorporate Officer _------ _ .._ .�__.�..._ ...._. ..__..__.. _ Partner— Limited C. General Attorney in Fact ] Trustee Guardian or Conservator JOther: ----...._.._—_—.—......_..�. Signer Is Representing: _. ... .....__. . ... ..._..... ....... --- --. _.......... . ;t�-�.fv -rC;.-=-C,.-.- --. _-_- .,�Ly4,4> .�.`m( ;�c- ;. �/.>`�`' .41c:.�; �.�.c-: `Z`.�z"J,,`�=•z.--�Z..CS'--.-C._..�.:<:. -�4..' .:. -<ic; -x�- .�Z C'999 Ptationai NM-,y A=ss uan•S350 De Soto Ave..P.O.Boz 2492•Criats••onh,CA 9?313-2=02•uwvr.ratiora nota.-org Prad.No.5907 Hex def:Call TA-Frsa i-K,0-876-082; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles August 20,2002 On before me,Julie M.Ormondroyd,Notary Public,personally appeared Mark E.Shreckengast .........*06*000 Personally known to me to be the person whose name is subscribed to the JULIE M.ORIVIONDROYD : within instrument and acknowledged to me that he executed the same COW#1302326 GR in his authorized capacity,and that by his signature on the instrument the S NOTARY PUBLIC-CALIFORNIA s person,or the entity upon behalf of which the person acted,executed the 2 LOS ANGELES COUNTY 2 instrument. MY Comm.E*M April&2005 WITNESS my hand and official seal. Signa of Notary Public Place Notary Seal Above Optional Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: —Individual —Corporate Officer-Title(s): —Partner-—Limited—General X Attomev-in-Fact —Trustee —Guardian —Other: Signer is Representing: Tel(973)624-7200 POW R OF ATTORNEY ORNEY INTERNATIONAL L FIDELITY INSURANCE COMPANY TOME OFFICE: ONE NEWARK.CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN RY THESE PRESENTS, That INTERNATIONAL FIDELITY INSURANCE COMPANY. a cutporaticin organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark, New Jersey.-dines hereby;'constitute and appoint MARK E. SHRECKENGAST, CA23DY M. COONS LOS Angeles, CA. its true and lawful-attorneys}-in-fact-to execute,seal and deliver for and on its behalf as surety.any anal all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may allowed, required or permuted by law,statute, rule,regulation,contract or otherwise, and the executicin of such instruments) in pursuance of these presents, shall he as binding_upon the said INTERNATIONAL' IDEL3TY INSURANCE COMPANY, as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly:elected officers at its- principal;office. This Power of Attorney is executed;and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELPI'Y INSURANCE COMPANY at a meeting Balled and held on the 7th day of February, 1974. The President or any Vice President.Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto;bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact-and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Sward of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any;such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and bindm-upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in tie future with respect to any bond or undertaking to which itisattached. TY , IN TESTIMONY WHEREOF,INTERNATIONAL.FIDELITY INSURANCE COMPANY has caused this instrument to be {�\ 4i+ signed and its corporate seal to be affixed by its authorized officer,this 31st-day of August,A.D. 1998. 0 +�' 14rINTERNATIONAL FIDELITY INSURANCE CO NY- c V SEAL. STATE OF NEW JERSEY d 1904 q County of Essex INaE lXf Vice-Pr .ident On this 31st day of August 1998,before me came-the individual who executed thereceding instrument, to me ersonally known, and, being by me duly sworn,said the lie is the therein described and:authorized officer of the INTERNATIONAL FIDELITY I tiSI`RXNCE COMPANY;that the seal affixed to said instrumentis the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly_ affixed by-order of the Board of Directors of said Company. IN TESTRVIONY WHEREOF,I have hereunto set my hand affixed my Official'Seal, +* _ at the City,of Newark. New Jersey the day and year first above written. OD 0 NOTARY , PUBLIC 71r _ -ir j A NOTARY PUBLIC OF NAL'JERSEY CERTIFICATION My Commission Expires Nov.2I,2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby;certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the Sy-Laws of said Compan?, as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY.and that the same are correct transcripts thereof,and of the whole of the said_originals,and that the said Power of Attorney has not been revoked and:is now in hall force and effect IN TESTIMONY WHEREOF,I have hereumo set my hand this 20tI1 day of August, 2002 Assistant Secretary.,