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Imperial Paving Co. Inc.t 1 1 1 1 t BIDDER: ~NI'7Ef21At_ t~AVi~IL~ (-p I-1C• BID SCHEDULE : `SCHEDULE OF PRICES FOR . DEL MAR AVENUE RESURFACING PROJECT PROJECT.No. P43629 BASE BID SCHEDULE UNIT OF EST. UNIT REM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Clearing & Grubbing per plans and LS 1 specifications. See technical provisions TP-2, TP-3 & TP-4. 21, 5bo . ' Z 5-V o 2 Disposal of Waste Materials. LS 1 -7-DD. _ -T-7-5n 3 Construct Compacted Selected CY 50 Fill. /aft. 2 Z~` 4 Cold mill variable thickness 2.5 SF 144,600 inches at the edge of gutter (T transition) to 2.0-Inches epsbng pavement. , yo ZS q 5 Construct 2.0 inch thick pavement TONS 1,850 overlay ARHM-GG-C (PG 64-16). 77 ~yZ c/ 5V . - 6 Construct 1/2 inch thick Asphaltic TONS 475 Leveling course D1 (PG 64-10). -7j. 33 -72s - 7 Remove 4-inches of ebsting SF 18,023 pavement and replace it with 4- inches of AC B (PG 64-10) Base y.~ 62 Course. . 3AI 9& Y. 8 Install 4-inch thick PCC Sidewalk SF 500 per APWA Std: Plan 113-1. (Q 3 0. ` 9 Construct PCC Driveway Approach SF 300 per APWA Std. Plan 110-1. 7. L!E Z 195. ` 10 Construct PCC Curb and Gutter LF 25 per APWA Std. Plan 120-1. 31 187. 11 Install Survey Well Monument per EA 5 City of Rosemead Std: Plan S08- 001. See Section 2-9 Surveying of the General Provision-7 per details (Cover, Sleeve & Dome will be provided by the City at no cost). ~j(4 S. ' 3 2 CBF-1 . 1 1 1 t 1 1 1 BIDDER: II, t 1202-1 .at_ PAv i-'C C,o . - 12 Adjust Sewer Manhole to Grade EA 22 per APWA Std. Plan 205-1 and 206-1. s? S I Z lr . 13 Adjust Water Valve/Gas Valve to EA 17 Grade. ALTO 1 ADO. 14 Install Traffic Striping, Traffic LS 1 Signal Loops, and Pavement Markers per Plans and Specifications Complete. 2 5D. l-7 Z --;D. 15 Prepare a Storm Water Pollution LS 1 Prevention Plan (SWPPP) -7 -5D TOTAL BASE BID PRICE (SCHEDULI= BID PRICE): Ih y-L[ in,Q .-..1~<A SA V Cn 4-G Vn '-r Ll ,a.-- Dollar amount in written form olol l a \Wz1 ALTERNATE BID ITEM 1 /z -7, ZA1IZ. -/I U~U N.J nosy, UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE CITY. PRICE COST 16 Install 24-inch box Bradford Pear EA 50 Parkway Tree per APWA Std. Plaii 520-4 including 90-days maintenance period. N2S. 21 250. TOTAL ALTERNATE BID ITEM #1 PRICE $ Z 1225D. T,.Jr7J'i"iJ- C" L TtiDUSA-,17t TWO Nv~f~(LE~ FIFTTi-f Lbu-^-✓GS . Dollaunt in written form iz TOTAL BASE BID PRICE,INCLUDINC ALTERNATE BID ITEM #1 $ 3'i~30 11ri2 Dollar amount in written form -doll . > `~R L - - Note: The City of Rosemead reserves the right to, reduce or increase the:quantities of any items in the schedule of bid' items above; within the limits define in Section 3-2.2:1 of the Standard Specifications, to stay within the budgeted amount of this project. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. CBF-2 I BIDDER: Ir AL- PAVI-J(. C o. ' The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third ' party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. ' Attached hereto is a certified check, a cashier's check or bid bon in the amount of Dollars said amount being not less than ten percent (10%) of the Total ' Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and fumish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. ' If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. ' The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to.all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business, and Professional Code), arising from purchases of goods, materials or services by the ' Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. ' Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the.lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts ' and subject to the terms and conditions described in the Contract Form and the Contract Documents. ' Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data ' submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. No~~ The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and t equipment or supplies necessary to complete the. Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees. to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as. compensation, in full for all'Work under the contract. 1 1 1 By: BIDDER: jptOO~:IAL PAviJ(„ p 1 1L• 0-71 D~t_oo~ tF~>t~ Ave Business Street Address )ILA 1 )u~t EzvJ 5.6 1s A ~ -AC S GA Got.c-7o Type or Prin'Name City, State and Zip ode 4W - oq -7 5 Title elep one Number Bidder s/Contractor's State of Incorporation: O- A L, I Fov ~J I A % - Partners or Joint Venturers: Bidder's License Number(s): -~;IoA NOTES: 1) By its signature on.this.Bid, the Bidder certifies undecpenalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If. Bidder is a corporation, enter State of Incorporation. in.addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation nartnershio or ioint venture has the authoritv.to do so. CBF,:, 4, . I BIDDER: I t AFEVLI Al, PAv i~C- C o -1C 1 23 LIST OF PROPOSED SUBCONTRACTORS ' In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform ' work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in ' excess of one-half of 1 percent of the Contractors total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for anyone portion of the Work. 1 1 I C 1 I Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any'portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be. permitted to subcontract that portion of the Work except under the conditions hereinafter sef forth I5elow: Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than.0.5%)'of the:Total Bid Pnce,or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergencypr necessity, and then only after Owner approval. t CBF-7 1 t t 1 BIDDER: 1 tA~ povl~r~ cor 1~~ 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate Neld 2 Pages if needed for listing additional subconlractors.'1 Name and Location Description of Work of Subcontractor to be Subcontracted A f~v sT Name: fP,5 S . Address: C.o r2,0 ~A Name and Location of Subcontractor Name: O C °1T-19 I p, NC7 Address: V t4-A,._.cT, Name and Location .of Subcontractor Name: C L C r9aG Iel'~i t Address: AI-" SA Name and Location of Subcontractor Name: Address: Name and Location of Subcontractor Name: Address: CBF-8 Description of Work to be Subcontracted -5 7-2t PC Description of Work to be Subcontracted p6c pe Description of Work to be Subcontracted Description of Work to be Subcontracted 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 BIDDER: jf ~p ig~ Pgv ~c to, c- 2.C REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 2. Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 3. Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work 4. Date Completed Name and Address of Owner Name and telephone number of person familiar with project Contract amount - - Type of Work Date Completed CBF-9 I . d 1 1 I BIDDER: IMDEI2,AL P~v, CO, ,-S NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being firs: duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf or, any undisclosed person, partnership, company, association, organization, orcorporation; thatthe bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all staternents contained in the bid are true; and, further, that the bidde as not, directly or indirectly, submitted his or her bid price or any breakdown t reof, or h contents thereof, or divulged information or data relative thereto, or paid, and ill not any fee to any corporation, partnership, company association, organization, d demo titor to any member or agent thereof to effectuate a collusive or sham bid. 1 II ~s ~~c- I Tkt-r<s Title Bid er Subscribed and sworn before me This - day of 20. , i. (Seal) Notary Public in and for the State of California My Commission Expires: CBF=11. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of LOS ANGELES J} On -1'-7(.10 before me, FRITZ DOW COY, NOTARY PUBLIC , Dale Here Insert Name and Title of the Officer personally appeared JAMES DUNLEAVY, [>jiac~r ~f;lj~r.,2ae a 7--d w,atmVt Namels) of Signegs) FRITZ DOW COY Commission # 1801776 . -m Notary Public - California ' ' - Los Angeles County ' My Comm. Expires Jun 15, 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 signature(s) on the instrument the person(s), or the entity upon behalf 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatures Place Notary Seal Above Signature of N Iery ,b1e 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): El Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Net ❑ Individual Number of Pages: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association- 9350 De Soto Ave., PO.Bax 2402 -Chatsworth, CA 91313-2402•www.NahonalNotary.org Item 45907 Reorder: Call Tdl-eoe 18008766627 BIDDER: Imperial Paving Company, Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Imperial Paving Company, Inc. as Principal, and The Guarantee Company of.North America USA as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten percent of amount bid DOLLARS 10% being not less than ten percent (10%) of the Total Bid Price; forthe payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these..Rresents. WHEREAS, said Pnncpal:has submitted,a bid to the OWNER to perform all Work required for the:Del Mar Avenue Resurfacing Project as set forth in the Notice Inviting Bids and accompanying bid Documents, dated _ NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required. by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER In such suit, including, reasonable attorneys' fees to be fixed by the court. SIGNED,.ANDSEALE 11his.29th da f :March 2010 imperial Pavih C mpany, Ir1C. EAL) The Guarantee Company of North America USA SEAL) Principal Sul ety By.' BY , l\ ignatur V AL L_ Slgna re W F m Syrkin, Attorney-in-Fact 7i~l SeC- ~ / _ CBF-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of LOS ANGELES 1S On Auto before me, FRITZ DOW COY, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES DUNLEAVYr Pi2E71~ma,0 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - - - - - - - - - - - - - - - - - - - FRITZ DOW COY Commission # 1801776 a -d Notary Public -California £ ' Los Angeles County My Comm. Expires Jun 15, 2012 Place Notary Seal Above I certify under PENALTY OF PERJURY.under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal. Signature o -a Signature of Not. blic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here z?.~ 02007 National Notary Associated-9350 be Soto AVa., P.O.eox 2402-Chatewortl OA 91313-2402-w Nahonall,lr .org Item a597 Reorder. Call TollFree 1-800-8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - -"'~•.t~-r--r~r -r- ~t.cta- Fc-- aeca••r= ~-~e-~~4O,~set<z~r,,k:r,~K~~.uhc~r~r.~y State of California County of Orange on 03/29110 before me, A. Wilkison, Notary Public Dale Here Insert Name and T#le of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ese subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/laeA49ic authorized capacity(ies), and that by hisNer/HaeiP signature(4on the instrument the person(s} or the entity upon behalf of which the person* acted, executed the instrument. x..r., A. WILKISON Commission # 1866283 y Z 1 certify under PENALTY OF PERJURY under the laws Notary Public - California z of the State of California that the foregoing paragraph is Orange County My Comm. Expires Sep 26, 2013 true and correct. WITNESS my hand and official seal. t Signature Place Notary Seal Above Signature of Notary Party, 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: Bid Bond Document Date: 03/29/10 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Signer's Name: U Individual 0Individual Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner - D Limited ❑ General Q Partner - ❑ Limited ❑ General - " ❑L- Attorney in Fact ❑ Attorney in Fact Top of thumb here Top of ;numb here Trustee E: Trustee Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing: The Guarantee Company of North Amenda USA 02007 National Notary Association- 9350 De Snip AVe.. PO. Boa 2402-Cfn0.vmrth, CA 91313-2402• ww,v.Naliena1NMaryorg Item#590) ReorderCall ToRFree 1A 76-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Matthew C. Welty, Sergio Bechara Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-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 revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31't day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. vJ~,µreeooq Y G IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 22"d day of July, 2009. THE GUARANTEE COMPANY OF NORTH AMERICA USA ~ a STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 22"d day of July, 2009 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. zn.,. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee h d b itt Pp ' e day an year a ove wr en. Notary Public, State of Michigan Company of North America USA offices t ;x _ :.uikrorv` County of Oakland n My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney-executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of March 1 2010 ppNiEed, v S Randall Musselman, Secretary