HomeMy WebLinkAboutContracts & Agreements_61-2010_CCv0001.pdf AGREEMENT
THIS AGREEIMENT,made and entered into thiv` '' °day of Z;ti' s#" ,201 fl,by and between the City°of Redlands,
a Municipal Corporation, organized and existing under the lawns of the State of California,hicreinafter referred to as
the"City;"and AQ American asphalt of the City of Corona, County of Riverside, State;of California, hereinafter
referred to as the'`Contractor:'"
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows:
t. Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform construction
of 2009/2010 Orange Street& Redlands Boulevard Resurfacing Sidewalk and Landscaping Improvement
Project, complete,all as shown, specified, and made a part of Contract No. 24941034
2. For the Contract Surn of$ /A010 in accordance with the terms and conditions of the Contract
Hocmcnt . 11
Pursuant to Section 22340 of the California Public Contract Code,Contractor has the option to deposit securities
with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by the City pursuant to
and Escrow Agreement.
3. Time for Completion. The work shall be completed within one hundred and three (1413)workdays from and after
the date of the Notice to Proceed.
.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed will result in
damages beim sustained by the City: Such damages are, and will,continue to be.. impracticable and extremely
difficult to determine. The Contractor`shall pay to the City, or have withheld from monies due it,the sum as set
forth in the General Provisions for each consecutive calendar day in excess of the=specified time for completion
of thework,
Execution ofthe contract shall constitute agreement by the City and Contractor thatthe liquidated damages amount
per day is the minimum and actual damage caused by the failure of the Contractor to complete the w=ork within the
allowed time. Such sum is liquidated es and shall not be construed as a penalty,and may be deducted from
payments due the Contractor if such delay occurs.
S. Contract Documents. The complete contract includes all of contract documents set forth herein,to wit:Notice
Inviting(lids;Instructions to Bidders;Proposal and Bid Forms;Bid Bond;Agreement;Performance;and Payment
Elands; Standard Specifications and Standard flans for Public Works Construction: Contract Documents and
Supplemental Specifications; all referenced specifications.- and any Addenda thereto.
6. 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.
7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers,agents,and employe
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.
8. Insurance. All policies of general liability and business automobile;insurance required by this contract shall name
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the City, Its elected officials, emploxces, and agents as additional insureds. Any insurance required under this
contract shall be primary with respect to the City and non-contributing to any 'insurance or self-insurance
maintained by the City
9. Resolution of Construction Claims. Claims made by the Contractor in thou'amount of$375,000M or less shall
be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article I.5 of the Public Contracts code
(commencing with Section 20104). All claims shall be in writing and include<the documents necessary to
substantiate the claim. Nothing in subdivision(a)of the Public Contracts Code Section 20104.2 shall extend the
time limit or supersede the notice requirements provided in this case 1forn filing claims by the Contractor.
Pursuant to Public Contract Code section 920 1,ifthe City receives a third party claim in relation to this Contract,
the City shall timely notift, the Contractor. The City shall be entitled to recover reasonable costs incurred in
providing the notification required by Public Contract Cc§ion 9201(b),
10, Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide by California Public
Contract Code Section 6109 and California Labor Code Sections 1777,1 and/or 1777 7 and certify that they are
not debarred and are eligible to work on this project.
It. Assignment of Agreement. No assigm-nent by a party hereto of any rights or interests under this agreement will
be binding on another party without the written consent of the party sought to be bound.
12. Successors and Assigns. The City and Contractor each binds itself, its partners, successors, assigns and legal
representatives in respect to all covenants,agreements and obligations con Unied in the contract documents.
13. Severability. Any provision or part of the contract documents held to be void or unenforceable under any law or
regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the
City and Contractor.
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IN WITNESS WHEREOF,OF, the parties hereto have executed this Agreement in duplicate on the day and Near first
written above.
. ,r
Payor, City of Redlands
County of San:Bernardino, California
ATTEST.
City Clerk,City d-Redh6ids
County of Sass Bernardino,California
Name of Contractor
� el
re of Authorized Agent '+
r �
Signatory's Title
Signature of Authorized Agent`cif n ce.sseary
. ttAv �-- Ua4i'.
Signatory's Title (if necesusarv)
Contractor's license No.
[t-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of _ Riverside
On Avril 26. 2010before me, Brenda L. Rovster. -Notary Public
Gate Here rosea;name ano Tills of the 01ice
personally appeared Robert I rarllev and Mark Luer
Name(v of Sioner(s�
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) Aare subscribed to the within nsfrornen#
N! a L ' "
and acknowledged to me that 4 /they executed the same in
l ' ' hi +er/their authorized ca aci les , and that b
p r p ty( ) y hisAltheir
I
signature(s) on the instrument the person(s), or the entity upon behalf
C of which the person(s)acted,executed the instrument,
I certify under PENALTY"OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct:
WITNESS my t�nd and official al.
Signature
Place Notary Seal Above Signature of:Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this tort to another document.
Description of Attached Document
Title or Type of DocumentAgreement —City of Redlands
Document[date: April 26. 20 ICI Number of Mages:
Slgner(s) Other Than famed Above: None
apacity(ie )Claimed by5ignler( )>
Signers Name: Robert Bradley Signer's Name: Mark Luer
Individual :>Individual
X Corporate Officer Title(s): Vice President X Corporate Officer Title(s): Secreta
ry
Partner—o Limited .0 General Lr partner—D Limited generalRIGHT THUMBPRINT
RIGHT THUMBPRINT
l
Attorney in Fact OF SIGNERAttorney in FactOF SFGNER
Trustee ink`Oc r �^sb f•wPe
Trustee
r tattier: Other-,
Signer is Representing: Signer is Representing:
All American As halt All American Asphalt
WORKERS" COMPENSATION INSURANCE CERTIFICATION
2009/2010 Orange Street & Redlands Boulevard Resurfacing, Sidewalk and I,andscaping
Improvement Project
CONTRACT No. 209-41034
Every employer except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly authorized to write
compensation insurance in this State,
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an
individual employer or as one employer in a group of employers.which may be given upon furnishing proof
satisfactory}to the Director of Industrial Relations of ability to self-insure and to pay any compensation that
gray b"due to his or her employces.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against
liabilitv 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 of this contract. (Labor Code
Section 1861)
4)at 4
Date
Name of Contractor
By:
gZiure of Authorized Agent
Signatory's Title
Contractor's License No.
GD-4
Executed in Two (2) Parts
Premium $7,676.00 PERFORMANCE BOND
Premium subject to adjustment upon completion
WIjEREAS, the City Council of the City of Red1lands, State of California (hereinafter designated as"City"),and
all 6MedgArr Asohalt (hcreinafmr designated as "Principal) have entered into an agtecmcTd
whereby Ptindpat agrees to install and complow certain designated public improvements,which by said agreement
doted April_,2010 and Jdcntified as the 2009/2010 Orange Street&Redlands Boulevard Resurfacing,
Sidewalk and Landscaping Improvement Project,Contract No. 209-41034, is hereby referred to and made a part
hercof,and
WHEREAS, under the to of said agreement,Principal is required before entering upon the performance of the
work,to furnish a good and sufficient Wthful perfbrrnancc bond with the City,
NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the
City in ft sum of One Million, Eight Hundred Six Thousand and Noll 00ths—-—-------—--------—-------------—--—---
dollars (S 1.808.0011.00 )for the payment of which sum well and truly to be made,we bind
ourselves,our beirs,successors,execirtors;mid administrators,jointly and severally,firmly by these presents.
Ibc condition of Ofis obligation is such that if above bounded Principal,his or her heirs,executors,administrator%,
successors or amigns,shall in all thiM staM 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 dierein,provided,or his or her part,
to be kept and performcd at' time and in the manner therein specified,and in all respects according to their true intent
and micaning, and shall defbnd, indemnify and save harmless the City, its elected officials, officers, agand
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 part of the obligation secured hereby and in addition theface amount specified therefor,there sbaU be included
costs and reasonobte expenses,and Ices,including attorney's fees incurred by the City in successful4r enfbrcing such
obligation,all to be wtcd as costs and included in any judgment tendered.
The surety hereby stipulaws and agrees that no change,extension of firne, alteration or addition to the term of the
agreement or to the work to be performed thereunder or the specificailions accompanying the same shall in anywise
affect its obligations on this bandad 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 W*MREOF, this instrument has been duty executed by the Principal and surety noamd,
on April 23rd ,zom Bond No. 7614809
All American Asphalt e&AZAT) Fidelity and Deposit Company of Maryland (SrA L)
SuretY
e I
Bv
siresigontare Relodc—d"a-'Haas-Bates,Attorney-ln-Fact
Address:801 No. Brand Blvd
Glendale, CA, 91203
of Priftimiand'Sumv)
Telephone.(11a�� 409-2800
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Mate of California
County of Riverside
On Anril -16, 2010 before me,_ _ Brenda L. Royster. ' of ry Public .
Dam i4ere insert nzme and Title v`Vh Officer
personally appeared Robert Bradley
Narf, srlan�rr�M..
who proved to me on the basis of satisfactory evidence to be the
person(s) whose names) is/ e subscribed to the within instrument
and acknowledged to me that he/she4ey executed the same in
f l lav * his/ heir authorized capacity(i )„ and that by hist
r i e signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s)acted,executed the instrument,
.A
I certify under PENALTY OF PERJURY under the lawns of the State of
California that the forgoing paragraph is true..and correct.
WITNESS m hand and official seal. /
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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 Performance Bend City of Redlands
Document Date: Avri123, 2010 Number of Pages: 2
Signer(s) Other Than Named Above: Rebecca Ilaas-Bates.Attome °-1n-Fact
apacity(ie )Claimed by Signer(s)
Signer's Name: Robert Bradley_ Signer's Name.
Individual r~Individual
X Corporate Officer—Title(s): Vice Presidentm -Corporate Officer -Title( ):
Partner.-.Fo Limited General A Partner— Limiter!u General
<.Attorney in Fact OF SIGNEROFAttorney in Fad
Trustee Tor e''tIwrt"Se,9 T:p al u,,b here
Trustee
r..-,.father: mm.,Cather,;/
r
Signer is Representing Signer is Representing:
All American As"halt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�"" ""�`.� r',.�'.^ `�".a:"' :e '' 's ''�t"�`�'"�'''s"``"�. •d"'i°`�,^���s ... ve .. .: .' t``'`�` '��°^Sc.�. ". "�':ta`�'".., �t"'�'�i`., ".rwt*rwx:c�::.v:
State of California
Counter of orange
On _4-23-10 before e, Barbara J. Bender, Notary Public
[J8'#@ lnwvt NdmP�d.TRifi y}1 Ft�t?:[SfBpw.
personally appeared Rebecca Haas-Bates
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(} is/ subscribed to the
within instrument and acknowledged to me that
+to/sheAkW executed the same-in erg authorized
capacity ), and that by 4is/herMei#signature(4 on the
instrument the person(-*,, or the entity upon behalf of
which the person(' acted, executed the Instrument..
' IC
wt I certify under PENALTY OF PERJURY under the laves
r µ of the State of Ca' rnia that the foregoing paragraph is
u-t true and correct
r
WITNESSmy'` d an icial sear
Signaturt?_a.._ a f'
Pjac r Notary Se V Abort; a��f5ai a e� ary ac
Through the irifonn<ation below is nor requited by law it n7ay prove valuable to persons relying on the document
and Goold prevent frtaudutent removal and reattachment of this form to another CIOCUra Onl.
Description of Attached Document
Tiite or Type of Document: Performance Bond No 7814809
DocumentDate; 4-23-10 ...:. . . Number of Pages: One (1)
Signer(s)Other Than darned Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
agrter.s Name:.:.:,. Rebecca Haas Betes icgner's Name;µ
Individual Individual .._ e. ..
1, Corporate Officer Title(s): _:.:.._..__ : Corporate Officer- Titielsj':
Partner Limited : tenerai Partner—'-:' Limited "." General
Attorney in Fact �� _. Attorney in Fact • '^� �
Trustee s_� Trustee
G aardian or Conservator Guardian or Conservator
Other: I
Other ......._. ..� ,..� ._�.__..,_... _
Signer !s Representirg: ,...._ ._, Signer is Pepre er Vng _.... r._.
RcWftly and Deposit CDMpany or srfarylar };
-_ --.__.w. ,
.-�... w �� ti ,,. •. .v .` ..amu. ^ ���.. .,. " �: , ;: ., :e,;,, >- � .
C�. rr .,IAx „ra:A�.x..H., .d.:::f. _.e.. PG9,,y� .,3."w.,, ...rt 1i-_mrV .N,Vvartx:x,,. P NCwno,d.:u5 ru..`=a-” 87e;aK
PAYMENT 13OND Executed in Two(2) Parts
Premium charge includedin charge fir Performance Bond
WHEREAS, the City Council of the City Of RawIds,State of California(hereinafter dosigtatcd as"Ci 1,and
All American Asohaft _(hereinafter designated as IT6nc4)al-*)have entered itito anAgTwMWKWh=bY
Principal agroes to ins"and conipicte certain designated public intproviernents.whicb by sari agreement dated April
2010,and identified as the 200912010 Orange Street&Refflands Boulevard Resurfacing,Sidewalk and
Landscaping Improventent Project,Contract No, 20941034,is hereby reftred to arid ma&a pad haeot and
WIMREAS* under the ternts,of said agreement, Principal is required befte erttering upon the perforMancie of the
wotir,to finnish a good and sufficient labor and materials payment bond with the City to secure the claims to which
tv&rence is made in Title 15(crunioencing with Section 3 082)of Part 4 of Division 3 of the Civil Code of the Site of
Califormw
NOW,THEREFORE, said Principal and the undersigned as corpomo surety,are held and firmly bound unto tbe
City and all contractors,subcontractors,laborers,matetialmon.and any other persons ernployW in the perforto,31100
of the albresaid ogre and ret-tred to in the aforesaid Civil Code of the State of Califonna in the qum of
One Million, Eight Hundred Six Thousand and Noll
dollars($ 1,806009.00 —)fear materials fturished or labor therew of any kind,or for amounts
duo under the,Uneinployment bmiratim Art with respect to such work or tsurety will pay the saw in
an innount not exceeding tbeamount herein above set forth,and also in caft suit is brought upon this bond,will pay,
in,adrtidoia to the face antoew thcroof,costs and reasonable aqviases and fees,includbig reasonable aftorney's few,
incurred by the City in sumessffigy enforcing such obligation,to be zwwded and fixed by the court,wW to be Upwd,
as coda and to be included in the judgetnent therein rendered,
It is hereby Wrossly stipulated and Weed that this bond shall in to the benefit of any and all persons,companies
and corporations entitled to Me claims under Title 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 canditionafthis bond be fully perfanned,then diisobligation shatt becomenull and void;otherwise itshall
be and remain in fill force and effi;ct.
Tbe surety hereby stipulates and agrees tim no change,extension of time,alteration or addition to the tertns of the
agreoment or to the work to be poribraW thereunder or the specifications accornpawying the same shall in agnosia affiwt
its obligations m this borul,and it does hereby waive notice of an such change,extension oftirne,alteration or addition
to the terms of the agreement or to the wo*or to the specifications.
IN WITNESS WHEREOF, this instriument bas been duly executed by the Principal and surety named,
on 2Aril 23rd 2t)to' Sond Nod 7614809
All American Asphalt LSEAL) Fidelity and Deposit Company of Maryland (SWAL)
ticilsurety
BY: BY'
SiVlMum Rebecca Haas-Sates,Afforney-in-Fact
Address:
801 No. gra—nd-617
Glendale, A.91203
(N,,ftd.,4 At"awleh-mem,of Jhinci*awt Sur-ay) Telephorie: 409-2800
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of - Riverside
On April 26,, 2010 before me, Brenda L. Rg ster. Notary Public_
Da:e.. Hera insert name and T rie n!the Oe�ce=-
personally appeared Robert Bradl y
Namet*erP S,9ner,1 ,'-'"
who proved to me on the basis of satisfactory evidence to be the
..hnrQ person(&) whose name(s) is/are subscribed to the within instrument
r tz, F, and acknowledged to me that he/sh executed the same in
his her th& authorized ca acit ies and that by his/ber/th
signature(s) on the instrument the person(a), or the entity upon behalf
of which the person(&)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS my , no and official sI.
r ." 1.
signatu ;e?
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,,it may prove valuable to person reiying 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 Payment load —City of Redlands
Document gate: April 3; 2010 Number of Pages: i
Signer(s)Other Than Named Above: Rebecca 1-has-Bates Att migy-In-Fact
Capacity( ' )Claimed bySigner(s)
Signer's Name: Robert Bradley Sign0s; Name:
rs Individual Individual
X Corporate Officer—Title(s): Vice President i:Corporate Officer—Title(s):
c partner—,w Limited c General u Partner—,c;Limited:ry General
RIGHT THUMBPRINT
RIGHT THUMBPRINT
Attorney in Fact OF MNFA Attorney in Fact Or StGNER
Trustee
Tor c.<ti,.,�,u,e e ;DF e':"w e fze e.
m Trustee
.�Others u. tither
Signer is Representing:
SigrWfis Representing'.
All American As halt `
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mate of California
County of t?range _ ..._. _. �.
On 4-2 3-10 before me, Barbara J. Bender, Notary Public
Date Ne.re Insert Name an7Trtin,raY;tie C7ilaeer
personally appeared Rebecca Haas-Bates=
when proved to me on the basis of satisfactory evidence to
be the person* those name is/ subscribed to the
within instrument and; acknowledged to ire that
,he/she/ executed the same in er/their authorized
capacity ), and that by We/herWe/her44e4 signature(signature(4 on the
instrument the person( „ or the entity upon behalf of
which the personracted, executed the instrument
` 6 F 10 A I certify under PENALTY OF PERJURY under the laws
of the State of California'that the foregoing paragraph is
a true and Correct:'"
rM € 4 rni feu y =t r d
WITNESS y d an ,,official seal
Signature—P£ce Ploiztrfaeii Ahtave.;. Smgr3�iu�et: py�ptit""'
OPTIONAL
Though the information below is not required by laic,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.- Payment Bond No. 7�14�t3
Document Date:_ 4-23-10--,------—. Number of Pages.
Signer(s)Other Than Named Above All American Asphalt .._..., .
apacity(ies) Claimed by Signer(s)
gner:s Narne:aM.. ..Rebecca Haas Bates Signer's Name:
Individual
_.
Individual
Corporate Officer....,Title(s); _.N .,'Corporate Officer—Titlo(st:
Partner limited '..Genera! �� �„ yj. � v Partner =Limited :_ Generale �
P1 Attorney in Pact * Attorney In Fact
Trustee
Trustee
Guardian or Conservator l Guardian or Conservator
Other: Other:-,.
Signer
therS tJner is Represent,ncJ m,_ ..... . Signer Is Represent ng;r.._
Fidelity and Deposft Company of Maryland
,fisbr.11!r..{},ry M.uta„are,�. _Y i;.,e s,ss.A.p.PO tr„kt.h ?110 1 vi? ,"}"Z t.0., Callr.°Fr,*e- A62'�
Power of Afforney
FIDELITY AND DEPOSIT COMPA Y OF MARYLAND
KNOW ALL MEN BY THESE PRI'SENT :That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,, slice President,and GREGORY F. MURRAY,Assistant
Secretary„ in pursuance of authority grantedby Article VI, Section?,of the By-Laws of said by,Which are set ]earth on
the reverse side hereof and are hereby certified to be in full force and effect on the da I ereby nominate,
constitute and appoint William SY"RKIN,Rebecca HAAS-BATES an f Irvine,California,
EACH its trete and lawful mient and ttorn y-i -Fact,to mak e r 4 � ;behalf as surety,and
N
as its act and deed. anyand all bonds and tendert° � ecu or undertakings in pursuance of
these presents, shall be as binding;upon it 1v d i I eras and purposes, as if they had been
duly executed and acknowledc, � eta~ ompanya at its of#ice.in Baltimore,Md.; in their
own proper tarrscans de M � e on behalf of William SYE Es IN,Rebecca IIAAS- AT'Ea
Sergio IT. B CEIAR and ed April 8,200 ,
'The said Assistant es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the I y-I s said Company,and is now in force.
ITS WITNESS W1-IEREO , the said Vice-president and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of` the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of
September, A,D.2009
ATTEST; FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Upa't.«
im t
v
r .
_l .C 1V ..... r ,
BV:
C:ireon.L Murray Assistant Se retary EE'illiam d. Mills f'ice President
State of Maryland
ss.
City ofLaltinioree
On this 25th day of September, A.D.2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J, MILLS, Vice President,:and GREGORY E. MURRAY,;Assistant Secretary
of tne.FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the saute, and being
by arae duly sworn,severally and each for himself deposeth and saith,that they arethe said officers of the Company aforesaid,:
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WIfEwRC:O , I,have hereunto set my hand and affixed tray Official Seal the day and year first above
written,
;t fariu L), ani cldarrt ski No rrry Public
My Commission Expires: July &ttfl E
PDXF 042-00
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
-'Article VI, Section 2. The Chairman of the Board, or the President', or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specialty authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in4act as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seat of the Company thereto."
CERTIFICATE
1,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoirqg Pewer of Attorney is still in full force and el"fect on the date of this ceftillicate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fat as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duty 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 TESTIMONY WHERE-1017,I have hereunto subscribed my name and affixed the corporate seal of the said Company.,
thisf
2aW___day of Z
.4,srsistant Secretaty