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HomeMy WebLinkAboutContracts & Agreements_2-2011_CCv0001.pdf PUBLIC WORK CONSTRUCTION CONTRACT chis Public Work Construction contract ("Contract") made and entered into this-it,day of January, 2011. by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California. . (hereinafter "City"), and I-Tardy andFlarper, Inc., (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration ofthe mutual promises contained herein, City and Contractor agree as follows- I. SCOPE OF WORK: Contractor shall furniSh all materials and perform all of the work for the following: Construction of the Church Street. Center Street, Alessandro Road Resurfacing Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's CHUIRCHSTREET, CENTER STREET, ALESSANDRO ROAD RES(,JRFACtNG PROJECT', Project No. 41042 (the "W' ork"). 2. THE CONTRACT SUM: City shall pay Contractor the sura of$919,000.00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Conti-actor has the option to deposit securities with all escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300, 1 TIME FOR COMPLETION: The Work shall be completed within one hundred twenty (1120) calendar days from and after the date of the delivery to Contractor of a written Notice to'Proceed by Citi. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, i inpracti cable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld frorn monies due to Contractor. the SLIM Of One Thousand Doliars (S 1000) for each consecutive calendar day in excess of the specified time for completion.of Work. Execution of the Contract shall constitute agreement by City and Contractor that One Thousand Dollars ($1000) per day is the estiniated damagoe'to City caused by the failure of the Contractor to complete the ky,,ork within the allowed time. Such sum is for liquidated dama.c, s and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of file Contract documents set forth herein. to wit; Notice Inviting Bids. Instructions to Bidders, Contractor's Proposal, Bid Bond'. Agreement., performance Bond, Labor and Material Bond, Plans- General Condition,-,, Special Conditions, Special Provisions and Specifications, and any addenda, thereto, 6. ATTORNEYS' FEES: In the event any legal action is comilienced to enforce or interpret the terms or conditions of the Contract dOCUITIentS.- the prevailing Party in such 4 Nlb�ZjY4"Lm action, in addition to any costs and other relief,shall be entitled to recce= r its r asc)nab attorneys' fees, including t,ces for use of in-house counsel by a Party. 7. RESOLUTION OF CONSTRUCTION CLAIMS. Claims by Contractor in the amount of ')75,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract 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 Public Contract Code Section 010 .2 shall extend the tine limit or supersede the notice requirements provided in this case from tiling claims by Contractor. 8. ELIGIBILITY OF CINTRACTOR/ L +ty`ONTRACT : Contractor and all of its subcontractors shall 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. a ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound,; 10. SUCCESSORS AND ASSIGNS. City and Contractor each binds itself and thein respective successors and assigns its respect to all covenants, agreements, and obligations contained in the Contract Documents 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deerned stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above, City of'R dland By- 4-/ Mayor, City of edlands, County of Sant Bernardino, California ATTEST: a City Clerk, City o ', edlands County of San Bernardino, California (SEAL) T4 a cl V1 rter aie f u'ontr to I3y— Signature ofuthorized Agent_ . Steve it c ra r Vice President T' Sigu ature OfAnt liorizcd Agent (if necessary) Kristen S Paulino rpoKzLte _ Title .,�._�. _�_ 215952 Contractor's License No. ,,' i . . .7.;s 6, ,34 arm€,UA S FOR CONCTRACT I E ,M WHEREAS,the City Council of the City of Redlands, State of California(hereinafter designated as"City'), and C1,r, _.,,m r (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.MO f: _ „�. ,Wand identified as Church St.,Center St,Alessandro Rd.Resurfacing Project,Project No.41042,is hereby referred to and made a part hereof,and ,Ta ._ 4th,, ,11 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 band with the City., NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City inthesumof an-, nr, cent _- ----_ ____ dollars.( F, :, ;,-------------- for the payment of which sura well and truly to be made, a bind ourselves,our heirs,successors,executers and administrators,jointly and severally,firmly by these presents. The condition ofthis 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 matte 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 trite 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 steal I became null and void;otherwise it shall be and remain in full farce and effect. As a part of the obligation secured hereby and in addition the face amount specified therefor,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 casts and included in any judgement rendered. The suretyhereby;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 anywise affect its obligations on this bond,and it noes 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 A " -12010. bond No. �. _... w (SEA) .. ;x (,SEAL) Princ Surety Ey Bye Sip _ to vc, K r hrie-r—Vices Pres . Signature e'r sr,.. Address. t {" tstuiW Acknowledgments ents of Princio and spar Telephone; Gni Yl� �7t f �sI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Orange County of January 12, 2U11 Jo-Ann Lyons, Notary Public On before rne,, Date Piarne arra.. tte ai etetfireer a:. Personally appeared Na e(s)ai is ar(a) who proved to me on the basis of satisfactory evidence to be the person(ol whose nam is/*V subscribed to the within instrument and acknowledged to me that he/ /4pgy executed the sarne in hisolkw/ItOr authorized capacity(io), and that by hisAw/taW signature* on the instrument the person(o, or the entity upon behalf of which the Person(#) acted, executed the instrument. ' NN L' rE . I certify under PENALTY OF PERJURY under the laws I a s l o of the State of California that the foregoing paragraph is true and correct. WITE'` ESamynd and tial seal.SignaturFlats Notary See Mol d ���7�^e �ppSignature �f N ry P Though the information below isnot required by lav,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forma to another document: Description of Attached Document Performance Bond Title or Type of Document January 11, 2011 1 Dwit ht Reilly Document ate: _ dumber of gages: Signer(s) Other Than blamed Above: Capacity(les) Claimed WS611f9 Signer's Marne:. Vice President Signer's Name; IC] lndividual CI Individual A Corporate Officer —Titlels)': 0 Corporate Officer—Titte(s). 0 Partner- I Limited 0 General Q Partner—0- Limiter! 0 General 0 Attorney in Fact ._ 0 Attorney in Fact 0 Trustee Top of thumb here 1h TCP of thumtr ire f Trustee: Q Guardian or Conservator 0 Guardian or Conservator C1 tither: ❑ Other: . Hardy&Harper; lrtc. ---- '' Signer Is Representing: Signer Is representing: _ . kt2�7 Natsr�r•�t Nnta,ry A,sacuarettcan-�?;.s{S De Santa Acre„PCl..�ax 2=R15wrartPt,CA �1�17.�-2402•awsr.N:tinnallluBdryarr� (tern k5.�E?7 f�erreter.C�dTndFrree S-4iIX9-,97�,-t�E1�7 ACKNOWLEDGMENT State of California County of Orancie } Can janijary 11th 2011 before me, Allison Rittof NotaryP ublx€ (insert name and title of the officer) personally appeared Dwiqht Reilly who proved to me on the basis of satisfactory evidence to be the person(o whose namers) is x subscribed to the within instrument and acknowledgedto me that he ` executed the same in his ll authorized capacity and that by hisATe##vir-signature(f on the instrument the personM), or the entity upon behalf of which the personM acted, executed the instrument. I certify under>PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. wa WITNESS S my hand and official seal _ f. f 2 Cb 2 . Signature ( a1 Allison Rit a Tet t7�1 C2�-7Uf1 o INTERNATIONAL 'IDELI Y INSURANCE COMPANY 1 0ME C►F FICE:ONE NEWARK CENTER,2f1` H FLOOR N WARK, NEW JERSEY I17102-5207 K'+1ClW ALL MEIN IlY TIIESE PRt_sFNTSe That Inti YRNAT'IONAL FIDELITY IISSi,TRAa CE COMPANY, a corporation organized and existing laws of the State of New.lsrsep,and haying its principal cof'fice it,the City of Newark.New Jersey,does hereby constitute and appoint' DWIGHT RE11,1Y. RAI.YH EINEM, .IIS., AR"URO AYALA, DA IEIa HUCK ,B 1` Orange, CA. its true anti lawful attorneyi st-iu-f ct to execute,sea]and deliver for anti on its behalf as surety,ant'and all bonds and undertakings conItracts iof"ind a ct snits°and the tecmia s eybi€y;eterr}°;in the mune n pars ance are or pr le allowed,required cir,lat r attttl by law.wtacure,rule, re<zulattort,contract or otherwise and the eseculicon t'af such tnstrtmaetttr,si in pursuance of these pre-, shall he as binding upon the said INTERIsa:�Tli NAL FIDELITY INSURANCE COMPANY, as tittle°°`anti atniply; to all intents suet laurpaoses as if die:&-ime had been duly` exeeined and acknowledged by its ref*ularly elected officers at its principal office. This Power art°Artornes is executed.and nutty°1 e rr vorked,pursuant to and by authority of Articl€ 3-,5eetitrrt 3,of Ilse By-Laws adcr atria by the Board of Direcl ors of INTERNA'CCCtNAL I<IbELI"i r INSLti"INC"E�:C)?41I'ANY at a aneeting culled and field on tote 7th day o Fehr�uary. 1974, The President or any Vice President.Executive t'r'ice President,Secretary or Assistant Secretary, shall have powerand authority (l i T o appoint Attorneys-in fact,and to authorize them to execute on behalf cut the Company,and a each due Seal cat the Company thereto,honds and undertakings,contracts of indemnity and anther writings obligatory in tare nature tliereof at , i2i To rerntove,at any Bute.any such attorney-in-fact and revoke the:aurhoritt,1"ir°en:. Further,this Power aofAtteorner is signed anti scaled by fa€csitnile pursuant to resolution of the Board of Directors of said Company aides ted it it meetin dn (July called and held othe 29th ay arf April. 1982 of which die f€,iicrtwi ig is a true excerpt,.; p 1 Now thet°efot'e Clic siygnatures of such officers and the seal of the Compariv may he affixed to any such sower or attorney or an certificate relating thereto b facsimile.and any,Such p ower of attorney or certificate hearing;such fa+:samde signatures or iacsimile seaal shall be valid and binding upon the Company y such power so executed and certified by feat vannle signatures and facsimile seat shall be valid end binding onion the Company in the future with respect to any brand or undertaking to which it is attached. f,UT rF t1IN TESTIMONY WHEREOF.INTERNATIONAL FIDELITY litit,"i,`RANCE COMPANY caused this instrument do be signed and its torpor ate..sa.eat to be affixed by its authorized officer,this ifrth day of Oetober.A D. 2007. CsIro IN'TNAT' ERION'Al,1+IDELI`FY INSURANCEC.OMC'ANY SEAL" ren STA7 E OF NEW JERSEY 1904, County torEssex JER4�F 4F `'� ' Secretary, On this 16th flay rat 0crober 2007. before nae came the individual who executed the p±reccehna instrument. to orae personally kno vin, arid,beingby ante duly sworn.said the he is the therein dese.ribed and authoriz€d officer of the C"+l"C'IAR!siATlfONAC, ID' ELI'TY INSURANCE CCSMPA?�l"''; that the al"taffikrd fir said instrument at the f arlxsrate Seat of:said Company: that the said Corporate Seal and hitt signature were duly affixed by order sot°the D pard cif Directors of s ai l CtrnloanyF. sw � k( V� '", IN TESTIMONY WHEREOF, l have heaeunto set my hand affixed nay €}tlterral cut. . L at tire.City of N",,ark. New ki—sey°the day and year hnst above written. Air, 40 'turf : e¢�ara s*six A NOTARY I"L=IILIC 1)F`NEW 71i ESLIf CE,RTIFICATION, MY Commission Expires Mardi.27 2014 1, the undersigned officer of INTERNATIONAL T`iDELIT"4 INS °Ria NC E,(.'C)MPANY der hereby Cert iv that I have,compared the forgoing copy of the Prower of Attorney and affidavit,and the copy of the Section'of arc fly-Latts eof said Company as set forth in said Powe r ofAttorney,with th,. t7RIGENALS ON LN'THE HOME OFFICE OF SAID COMPANY,and that the same art correct tra wwripts thereof,and of the wbola a�t`the-,aid e rigiaials.:and that the said power of Attorney has not been revoked and is now in full force and effect' IN TES71MONY WHEREOF.Ihave lerernttto set[try°hand this day of,AAN 1, .,C r Assistant Secretary Ron- ro PAYMENTBOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as "City),,and Pa (hereinafter designated as ' cipal") have entered into an agreement; whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated ;, ;and identified as Church St.,Center St.,Alessandro Rd.Resurfacing Projects Project No.41042, 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 bored with the City to secure the claims to which reference is made in Title 15(commencing,with Section 3082)of Part 4 of Division 3 ofthe 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,material mea,and any other persons employed in the performance ofth aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of aLc " , dollars ($ 9 19,0 0 0,. -`---- ------ }for materials furnished or labor thereon ofany 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 herein above 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 judgement 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 Title IS(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 band, 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 shrill 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 ,.. .. 2010. Bond No. 6 r ps 6 (SEAL) wt. _1r (SEAL PSurety ByBy: 9 re a ....._.., eve address. . (Neral Acknowkdpwats of Fria pat amd s ry) Telephone; CO-6 q',q. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Orange County of January12, 2011 Jo-Ann Lyons, Notary Public 4n before me; , Gale dfarrw anQTiffe cif the 4fter personaify appeared Natne(sj of Sgner(a) who proved to me on the basis of satisfactory evidence to be the person(o) those narne(o isles subscribed to the within instrument and acknowledged to me that helsilRIIC executed the same in hi ltk2*authorized capacity(im), and that by his/W/tk*r signature(o on the instrument the persono�, or the entity upon behalf of which the pierson(#) acted, execrated the instrument. ✓� c i , pr l s n l I certify under PENALTY OF PERJURY under the laws "V t of the State of California that the foregoing paragraph is _.. . _ . . . . true and correct. WITNES my h nd and d c i seal. Signature Plage Notary Seal Above OPTIONAL N 11 Sistnarure Notary Put--,-/ u tc Though the information below is root 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 sof Attached Document Payment Bond Title or Type of Document: _ January 11, 2011 1 Dwight Reilly Document date: Number of Pages: _ Signer(s) Other Than Named Above: Capaity(ie ) Claimed � i ( } Signers Mame: Vice President 9 � _ �. � Signer'sName:w C3 Individual 0;Individual it Corporate Officer Title(s)= 0 Corporate Officer—Title(s): 0 Partner—C1 Limited 0 General VM .., � 0 Partner -L� Limited General � � _ t; 0 Attorney En Pact = ���` - Mtorn y in Fact �=1. Top¢f thu€ 0 here l`J Trustee 0 Trustee rr�r�r murrte Here 0 Guardian or Conservator C1 Guardian or Conservator 0 Other: 0 Other: Hardy&Harper, Inc. Signer Is Representing: Signer is Representing: 0(]7'^farmnal fJoLiry�1Ssoctet�ork".J,3.5L7(}e".acs+u rive.t?.7:8rx P,a�2.-i h,3LSwcrrtfa„C_'A 3'i '. 4f7 •www:NaticmelfVOl-rry.sn�7..t155" rke[sNer^C. :Tali•-'tea 1(iLX7-X78-CrB.'.7 gl ACKNOWLEDGMENT State of California County of Gran e On jantiary 11th, 2011 before me, Allison Rit,L-o, Not aivPubl�c ' - ic (insert name and title of the officer) personally appeared- DwiSfit ReillV who proved to me on the basis of satisfactory evidence to be the person( whose name ) is subscribed to the within instrument and acknowledged to me that he/s#W"executed the same in his Aqt#4"r-authorized capacity ), and that by his it sic nature on the instrument the personM, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Allison Ritto 624-7200 v 3WER OF ATTR r�; A$u INTERNATIONAL FIDELITY INSURANCE COMPANY HOME C F-FIC!E: ONE NEWARK CENTER,201711'FLOOR OOR NEWARK,NEW JE=RSEY 07102-5207 KNCIAic ALI,MEN BY THESE P F SIuNTS: That Ii1 TE&NATI.{ NAL FIDELITY INSM4,NCE t;UN 'ANY, .a corporation organized and existing laws of the State of New.Icrsey„and leaving its principal office in the.City col'Newark,New Jersey,does hereby constitute arta appoint;" DWIG14T REILL" . RALPH EIDEM. JR., ARTURO AYALA, DANIEL HUC'KABAY Orange, CA, its true and lawful artornevtsx in-tact tai execute,seal and deliver for and can its behalf as surety,anv anti aR bonds and undertakings contracts of indemnity acid other svrumas obligatory an the natune thereof, which are or may be allowed, retluired or permitted h}} law,,stature, rule. ret,>ulatiasrt.contract car•otherwise,and the execution of such itistrurnenti,$) in pursuance of these:Irresents. shall be as hindrng acpsan t[ac said INTERN,ATMNAI, FIDELITY L,'4'+Liii;ANC:E COMPANY. as fulfv and amply, iia all intents and purposes, as if the same bad Iota tt drily txecutecf aruct ackitowwted etJ try its regularly elected officers at its, principal office: This PONVer of Attoruew is executed.and hurry lie revoked, rrsuant to and by authority irf Article 3-Steuart 3,of the I34 I avw s ado ted by the Board of Directors of INTERNATIONAL HTT)I IFIT�'�h+;t7ta��{L C'Ct11I*.44'a at a ineeting a aficd and held son die 7th tae iat�att,ruary, 2C) f: The President or any Vise President, Executive e'vice president.Secretary or.`Assistant Secretary, shall have power and authority r I i To appoint Auornew s m-fact,and tet authorize them to execute:can behalf o the Company.and attach the Seal of the Company thereto,bonds and uncleitakiriL,s,contracts o iaideatauity and rather writings'obli.-atony in the nature thereof and, t2f To remove,at any time,any such attorney-in-#act and revoke the authority,given. Further,this power cat'Attorney is signed,and sealed toy facsimile pursuant to resolution of the. Board of Directors r t saad Company adcoptecf at a meeting duly walled and hetet on the 29th rtiiy of April, 1982 of which the fallowing is a true excerpt: Now therefore the signatures cal'such officers and the: seal of`the Company may be affixed to airy such ower of attorney or anycertificate relatine thereto Iry faic5iui le.unit anw such power of attorney or certificate hearing suchtaesimile signatures or ftacsimSfe seal stt<tll tic valid au€I hindrc aI� p i>rr the Ccatn �uti and any' , such power so executed and certified ray facsimile signatures and fatcsin ile seal;slhaall be valid and funding upon the Company it, the future with resfocct to any' brand for undertaking to which it is amiched. ITY IN TL ,rjNI ANY 1AIIt•PI..'O INTERNATIONAL FIDELITY INSL'RANCF COMPANY Inas causer this instrument to he A, signed and its corporate seat to be affixed by its authorized offic=erthis 16th day cif October, A.D.2007. SEAL INTERNATIONAL FIDELITY INSURANCE E C"C)':41I'NNY r19 04 STATE OF NEW.JERSE=Y d County of Essex �aLE Secretary On this 16th day ofOclober 200''", before the curiae. the individual who execrated the retedni rnstrumcnit to me personally known, anti, being, by me dtalw g k . sw°«rri. said the he as Clic therein described and atdh<>aized officer roI`the INTERN ON NAI FIT)L:LIT "INSURANCE t"E:1L'4N5':that the seal affixed to said imstr•uuient is the Corporate Seal sof said Compaaty a that the said Corporate Seal and his signature were duly affixed by order cif the L3aoard hof Directors of said Company. s,w tw V+�» IN TESTIMONY WHEREOF, I have hereunto set my hunt!affixed my Official Seal, 4s r at the City of Newark, NeA Jersey the day and year first'abtooe written. cz TAa x � gnu.. ��zr<+r+i sw yw A NOTARY PUBL.W OF'NEW JI:IiSUY CERTIFICATION My Cor inissirsu Expires y4arch. 17,2 14 L the undersigned offices of INITERNATiO;'+iiAL.FIDELITY INSURANCE d ONIPANY do hereby certify that I bane compared the foregoing cooky of the Power of Attorney and affidavit,art(]the cops sof the Secturn of the Tay-Laws cif said Company as set forth in said Power orf Attorne y,with the ORIGINALS'ON IN THE IR)Mk OFFICE tai°SAID COMPANY,and that the siarrte are correct transcripts thereof.and of the whole ole rof"the sauf originals and that the&iid Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHIERFOF, I<haave hereunto set.my band this clay of JAN I I Assist. Secretary