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All American Asphalt • BIDDER, M\ \\CQn ATphClII- CONTRACT BID FORMS TABLE OF CONTENTS SECTION 1 BID SCHEDULE 1 SECTION 2 BID DATA FORMS 5 2.A BID BOND 6 2.B LIST OF PROPOSED SUBCONTRACTORS 7 °" SECTION 3 NON-COLLUSION AFFIDAVIT 10 t :J �i BIDDER. i i1 66 ' III G I SECTION 1 - BID SCHEDULE r. I II CBF- 1 BIDDER. A\\ ,AMCAACCVA AVIR - BID SCHEDULE SCHEDULE OF PRICES FOR ANNUAL RESIDENTIAL RESURFACING PROJECT HELLMAN AVENUE FROM JACKSON AVENUE TO NEW AVENUE PROJECT No. 21019 BASE BID SCHEDULE 1 UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1...1 1 Clearing &Grubbing per plans LS 1 and specifications. See technical / — provisions TP-2, TP-3 &TP-4. —)_..)„ X� S�/ , 2 Disposal of Waste Materials. LS 1 3 a) - 30 3 Cold mill 2.0-inches thick existing SF 50,700 _ pavement. , milli 13 ) 'Q 3' / 4 Construct 1.5 inches thick TONS 480 a pavement overlay ARHM-GG-C (PG 64-16)as indicated on the 13 -- _ ' KV° plans. Li 5 Construct 1.0 inches thick TONS 350 Asphaltic Leveling course D1 / (PG 64-10)as indicated on the 7S 24j 25 U_ Iplans. 6 Remove 6-inches of existing SF 400 1 pavement and replace it with 4- ( J inches of AC B-PG 64-10 Base GI .S0 3 0 U _ Course over compacted native. , 7 Remove Existing, Dispose and SF 730 Construct 4-inches thick PCC Sidewalk per SPPWC Std. Plan 5 �(SD 1 0/5=-- 113-1. 8 Remove Existing, Dispose and LF 394 Construct e 4 che Gutter per SPPWC Std 0 2J W VO- � in 120-2. 9 Remove Existing, Dispose and EA 4 ;�f�� -7 J SPPWC Std. Plan 111-4. per /YOU " / zop i 10 Remove Existing and Construct SF 825 6-Inches Thick Driveway /2 r'71 /0 12 C5' Approach per SPPWC Std. Plan ) " 110-2 CBF - 2 BIDDER: A\\ r1(1 WI `"lyn(1.\f" UNIT OF I EST. I UNIT ITEM NO. ITEM DESCRIPTION MEASURE OTy. PRICE COST 11 Double Adjust Sewer Manhole to EA 7 i Grade per SPPWC Std. Plan — OS� — 205-1 and 206-1. / �5 lr � 12 Adjust Water Valve/Gas Valve to EA 19 Grade. J L �/J �-6 13 Install Survey Well Monument EA 3 I per City of Rosemead Std. Plan S08-001. See Section 2-9 27- GO Surveying of the General S 20 — rPI Provision-7 per details (Cover, L Sleeve & Dome will be provided by the City at no cost). E14 Install Traffic Striping, Traffic LS 1 Signal Loops and Pavement z S7G. — z 3 5-TAD per the Striping Plans >/ and Specifications Complete. 15 Install 36-Inch Box Parkway Tree EA 20 Pyrus"New Bradford (Holmford) I Pear" including 90-days / maintenance period and tree / 'y-GO — 2-S" O wells per SPPWC Std. Plan 520- E 4. bll 16 Remove and Dispose Existing EA 5 5-1.5= Trees 24-Inches Average c/? s_z - LU - i Diameter Complete. 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ ZZ I i 5? 7 . ro Took • red 'e •- e�∎olSe . . _ „�.u. -.d . se _ . Jo s✓ une■ Ceti Dollar amount in written fJ m I I et 1 ty, INote: 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 pf Specifications, to stay within the budgeted amount of this project. u If the Bid Documents specify alternate bid items,the following Alternate Bid amounts shall r1 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. LI 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 `l 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 • CBF - 3 BIDDER A'k■ kti m y1CC_\ (4- written amount of the Bid Pace and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount al , Pa(U 1cv-% Dollars ($ Cif )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 furnish the required bonds, certificates and I 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 I 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 • I I 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 0• Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and ki 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 contractors 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 ';i 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 r� of five hundred dollars ($500.00) if project is not completed in THIRTY (30) calendar days. The Contract Time will begin to run ten (10)Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. 11 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 j addenda to the Contract Documents. Addenda Nos. JThe Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this -1 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 i contract. J CBF -4 BIDDER: A1\ AtneVlcc\v1 A3p ij+ By. LIDO E. Sv)cW S1-re�.4- Signe ure Business Street Address (2rbe PtaLtivt) ((`yak. CA c2Xic1 Type or Print Name City, State and Zip Code )(0. VFeSV-Kill*- q�;1--1"3lD- -lLooc Title Telephone Number Bidder's/Contractor's State of Incorporation: \1.1X`-C'!J'_r1\o, Partners or Joint Venturers: Alt V- Leer- PrestclAn)- �.4ux>r ))-nrgt �— \A:C- Pre s1r lPnt MttoNN l Farkas reM+11 Bidders License Number(s): 0--&1 0-1 3 I Department Industrial Relations \ \ )5t Registered No. J lJ NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the Y 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 Bidden,Bidder sill be required to provide evidence that the person signing on behalf of the corporation, Iry partnership or 'oint venture has the authority to do so. CBF-5 BIDDER. A t1rabic(\rl AVM C SECTION 2 BID DATA FORMS 1 CBF-6 BIDDER. ^=` A'MFtl i A1Yrilf- 2.E' LIST OF PROPOSED SUBCONTRACTOR:. • In compliance with the "Subletting and Subcontracing 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 Contractor's 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 any one portion of the Work. ,. , 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 It 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 P.' under the Contract, it shall be deemed to have agreed to perform such portion itself, and ii' shall not be permitted to subcontract that portion of the Work except under the conditions r-'1 hereinafter set forth below. iSubletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%)of the Total Bid Price or,in the case of bids or offers for the construction 1 of streets or highways, including bridges, in excess of one-half of 1 percent of the ;.3 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 .., emergency or necessity, and then only after Owner approval. il M. gy .lJ . lJ 1 CBF- 8 BIDDER. .k\kY L_AdCU1.lt OnflIi- 2.F LIST OF PROPOSED SUBCONTRACTORS(continued) I"OUpLmle Na.:2 Popes it n eEea fcr listing anduronal subcontrac "] Name and Location Description of Work of Subcontractor to be Subcontracted Name: c5A P r IT{ ,( Address: S 2, 1 Z C`Leise&S.0 I - 5lti e SC CAA U License No.: 77 C,3 D)cd Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor t ff to be Subcontracted OL I Name: , otA,S �'� TS Kc 1 L I 2S L Address: (438 F 1 � 4z1111 orcw e Address: No.: to I o Department of Industrial Relation Registration No. 1 O on Z O O L G I O Name and Location Description of Work of Subcontractor to be Subcontracted (� Name: T(cQ S Address: it I� : y, Kr_inn Cc� License No.: It o S Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted —r-- Name: h# AS«. _ Address: 2- 1A�,Ckni S-}- • -Co.-w'- i Vate() r ..� i'_P License No.: g— Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF-9 • BIDDER A'-Y\\ yCCYLQV\C(vn l'I(Alt 2.0 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: 1. 'KSQQ. (\W■citocic Name and Address of Owner Name and telephone number of person familiar with project : .j Contract amount Type of Work Date Completed p• 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner LI .-r Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3a 4. Name and Address of Owner Name and telephone number of person familiar with project S Contract amount Type of Work Date Completed CBF - 10 "2014" PAST WORK REFERENCES City of Fullerton Yorba Linda Blvd Reconstruction 303 W. Commonwealth Ave Contract Amount: $1,346,000.00 Fullerton, CA 92832 Start: 7/2014 Contract: Kevin Kwak, (714) 738-6865 Completed: 11/2014 Port of Long Beach 2013 Roadway Maintenance and Slurry 4801 Airport Plaza Drive Contract Amount: $992,000.00 Long Beach, CA 90815 Start: 6/2014 Contact: Lincoln Lo, (562) 283-7000 Completed: 10/2014 City of Beverly Hills 2012-2013 Street Resurfacing 455 N. Rexford Drive Contract Amount: $2,970,000 Beverly Hills, CA 90210 Start: 7/2013 Contact: Mark Cueno, (310)285-2557 Completed: 5/2014 City of Jurupa Valley 2012-13 Pavement Rehabilitation 12363 Limonite Ave Contract Amount: $970,000 Riverside, CA 92507 Start: 5/2013 Contact: Michael Myers, (951) 332-6464 Completed: 12/2013 City of Santa Ana Bristol Street Rehabilitation 20 Civic Center Contract Amount: $6,951,475 Santa Ana, CA 92701 Start: 3/2013 Contact: Kurt Weimann, (714) 647-5639 Completed: 12/2014 "2013" PAST WORK REFERENCES Department of Transportation Route 74, Contract No. 12-0L6404 3521 Y University Dr Contract Amount: $1,134,057 Irvine CA 92612 Start: 7/2012 Contract: Dat Pham, (949) 279-8586 Completed: 5/2013 City of Santa Clarita 2011/12 Overlay &Slurry Seal Program 23920 Valencia Blvd Contract Amount: $5,995,000 Santa Clarita CA 91355 Start: 8/2012 Contact: Bill Whitlatch, (661) 259-2489 Completed: 5/2013 LACDPW Seventh Avenue 900 S Fremont Ave Contract Amount: $2,077,000 Alhambra, CA 91803 Start: 9/2012 Contact: Hector Hernandez, (626) 458-2191 Completed: 12/2013 Department of Transportation Route 74, Contract No. 08-0P9504 2023 Chicago Ave., B-6 Contract Amount: $3,450,622 Riverside, CA 92507 Start: 6/2012 Contact: Michael Chen, (951) 830-6017 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El Toro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth Rosenfield, (949)707-2650 Completed: 9/2013 County of Riverside Transportation Gilman Springs Road 3525 14'h St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961-5363 Completed: 9/2013 City of Azusa Pavement Management Improvements 213 E Foothill Blvd Contract Amount: $980,000 Azusa, CA 91702 Start: 5/17/12 Christina Curie!, (626) 812-5254 Completed: 1/18/13 BIDDER:A\LAME � /y- 1ha • SECTION 3 NON-COLLUSION AFFIDAVIT CBF- 11 BIDDER:AA\ A( f1'k[vICCto lziywx«- NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first 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 of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidderhas 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 statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. S .Cure <O - Eckt � Typed or Printed Name Title at\ Ids ' • a d.. Bidder Subscribed and sworn before me This day of , 20 s... (Seal) • ad- Notary Pub' m and for the St- - of California y Commission Expires: CBF- 12 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 161" day of January ,2015 Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence ]�.Wr be the person who appeared before me (.) (,) + „ DONNA THORNE Commission 2067 768 (and i • Notary PUGli t-Celifornie i Riverside County M1 Comm. Expires Jun 7, 2010[ (2) be tho person who appeared before mc.) Signature 400LA.t91470—' 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. Further Description of Any Attached Document A.G1 IT TI IUMBPRINT I TIGHT TI IVMR`R INT OF SIGNER OF SIGNER Title or Type of Document Non-Collusion Affidavit Tor onh„mb here Top of nlmb here Document Date: no date Number of Pages: 1 Signer(s)Other Than Named Above: None Bid Bond No. 08597423 BIDDER: All American Asphalt 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 All American Asphalt ,as Principal, and Fidelity and Deposit Company of Maryland , as Surety, we held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Total Bid Amount DOLLARS ($ 10%of Bid ), being not less than ten percent (10%)of the Total Bid Price;for the 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 presents. WHEREAS,said Principal has submitted a bid to the OWNER to perform all Work required for the ANNUAL RESIDENTIAL RESURFACING PROJECT—HELLMAN AVENUE FROM JACKSON AVENUE TO NEW AVENUE as set forth in the Notice Inviting Bids and accompanying Bid Documents,dated January 21, 2015 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 AND SEALED, this 14th day of January , 2015 - All American Asphalt (SEAL) Fidelity and Deposit Company of Maryland(SEAL) Principal / Surety Br Z/ /aisLwaet ; - & ' ]&t1 a e'Rai r ?nature m, + BmclUyer Signature Rebecca Haas-Bates,Attorney-in-Fact CBF -7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 I I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the tmthfulness accuracy-or validity of that document. State of California County of Riverside On 1/16/2015 before me, Donna Thorne,Notary Public Date Hero Insert name and Title of the Officer personally appeared Robert Bradley Name(s)of Signer(e) 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 GONNA THORNE his/her/thee authorized capacity(ies), and that by his/her/their si nature s on the instrument the person(s). or the entit upon behalf Notary Public k 2Gfi7760 9 Y P <a , v Notary Public-California n of which the person(s)acted, executed the instrument. '�.. _:11 nj._Exda County j_ M Comm Ex Tres Jun 7,2018 I certify under PENALTY OF PERJURY under the laws of the State of _ _ Y_ _ __ P _ _ _ _ _ - - California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ 6 r 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 Bid Bond Document Date: 01/14/2015 Number of Pages: One(1) Signer(s)Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies)Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: o Individual o Individual X Corporate Officer—Title(s): Vice-President o Corporate Officer—Tille(s): o Partner r o Limited o General o Partner o Limited o General RIGHT THUMBPRINT RIGHT THL. lRPR NT o Attorney in Fact or SIGNER o Attorney in Fact OF SIGNER o Trustee Top of thumb here Top of thumb here o Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As r halt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On 01/14/2015 before me, R.Paramo,Notary Public Date Hem insert Name and Tide of the Officer personally appeared Rebecca Haas-Bates Name(s),of Signers) who proved to me on the basis of satisfactory evidence to be the person($ whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ibs),and that by hic(her/their signature$on the instrument the person(*, or the entity upon behalf of which the person($acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph — is • smart R.PARAMO t„?1.._ Commission x 2035890 L WITN- S my . d oriel. /' nr Notary Public-California v!yf AIy Orange County ♦Comm.Erases Auus 542017,1 ••-t --s - _,Ili/%%g LS• Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 01/14/2015 Number of Pages: One(p Signer(s) Other Than Named Above: All American Asphalt Capacity(ies)Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer— Title(s): C Corporate Officer — Title(s): C Partner — ❑Limited C General ❑ Partner — C Umited ❑General C Individual to Attorney in Fact ❑ Individual ❑Attorney in Fact C Trustee ❑Guardian or Conservator ❑Trustee C Guardian or Conservator ❑Other: ❑ Other Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland C12014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V.Section 8.Attorneys-in-Fact. The Chief Executive Officer,the President.or any Executive Vice President or Vice President may. by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognivane s. stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto:and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AM)SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in hill force and effect on the date of this certificate:and I do further certify that Article V. Section 8.of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey._Any such Power or any certificate thereof hearing such facsimile signature and seal shall he valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May. 1994. and the following resolution of the Board of Directors of the FIDELITY AM) DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary, or Assistant Secretary of the Company.whether made heretofore or hereafter, wherever appearing upon a mrtitied 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 TESTIM Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 'lday of ( rparn •20J . t Ct 51AL3 Geoffrey Delisio,Vice President