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HomeMy WebLinkAboutres1995-085WHATCOM COUNTY COUNCIL AGENDA BILL NO. _95-480 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: )riginator: Public Works, Engineering fivision BGM Ith., D (� E F � V E L� f 995' /` r� ,•S, 94 12/12/95 M Finance- Council Division Read: N/i/� I � /3o Dept. Head: ky:5. Prosecutor: if Purchasing Budget: Executive: i SUBJECT.- d Replacement of Bruce Road Bridge No. 37 Over California Creek, CRP- 992252 ATTACHMENTS: 1. Letter 2. Resolution 3. Bid Tabs 4. Contract Info. Sheet 5. Project Cost Breakdown 6. Low Bid Proposal SUMMARY STATEMENT: plated County contract #: Amount budgeted for this item/ project: $ Budeet line item number(s): First line item Please complete sections of box as appropriate & explain the item below. Should Clerk schedule a Second line item # NO /X / YES/ / The 1995 Annual Construction Program has as project number 7, the replacement of Bruce Road Bridge No. 37 Over California Creek. This Project will be paid for with local and Federal (BROS) funds. ORIGINATOR'S RECOMMENDED ACTION. Recommend Establishment of CRP- 992252 and approval of award of Contract to the low bidder, One -Way Construction, Inc. in the amount of $169,897.00. COMMITTEE ACTION TAKEN. )UNCIL ACTION TAKEN. 12 /12 /95:Approved Consent 7 -0, Res. 95 -085 once or Resolution Number (this item only): '1 2 3 4 5 6 SPONSORED BY: Consent PROPOSED BY: Public Works-Engineering D INTRODUCTION DATE: 12/12/95 RESOLUTION NO. 95 -085 ESTABLISHING COUNTY ROAD PROJECT NO. 992252 AND THE AWARD OF CONTRACT FOR REPLACEMENT OF BRUCE ROAD BRIDGE NO. 37 OVER CALIFORNIA CREEK WHEREAS, This project is included in the officially adopted Annual Road Program as item number 7. 7 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that CRP 8 992252 is formally established for the Replacement of Bruce Road Bridge No. 37 Over 9 California Creek. The Contract for this project is awarded to One Way Construction, Inc. in 10 the amount of their bid of $169,897.00. 11 An appropriation from the officially adopted Road fund budget and based on the County 12 Road Engineer's estimate is hereby made in the amounts and for the purposes shown: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PURPOSE Preliminary Engineering Right -of -Way Acquisition SUBTOTAL Construction Construction Engineering Testing & Contingencies TOTAL AMOUNT OF APPROPRIATION 1 111 11 11 11 •' ' 11 11 •11 11 $ 10.500.00 $ 205,000.00 BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in accordance with RCW 36.77.010 et. seq. APPROVED this 12_ day ofnPcPmbe 1995. ATTEST: Yk ana row - avis,Counci Jerk 28 APPROVED AS TO FORM: 29 (Previously approved as to form 30 By Randall J. Watts on 3/25/94) 31 ,� Q %Y�\,1,1C 32 Civil Depufk,Pi secuing Atty. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Bert A Imhof, Council hair WHATCOM COUNTY PUBLIC WORKS DEPARTMENT WHATCOM COUNTY COURTHOUSE 311 Grand Avenue Bellingham, WA 98225 -4038 IEFFREY M. MONSEN, P.E. Director The Honorable Shirley Van Zanten Whatcom County Executive 311 Grand Avenue Bellingham, WA 98225 1�aPS`OM CO4 ~L w'9 SHINGSO� DIVISION OF ENGINEERING 5280 Northwest Drive, Suite C Bellingham, WA 98226 (360) 676 - 6730/380 -8110 FAX (360) 676 -6558 Edwin R. Henken. P.E. - Assistant Director Nasser Y. Mansour, P.E. - County Road Engineer November 30, 1995 Subject: Replacement of Bruce Road Bridge No. 37 Over California Creek Federal Aid No. BROS- 2037(064), Federal Aid Contract No. SA -2736, CRP - 992252 Dear Mrs. Van Zanten, Bid proposals for the subject project were opened on November 29, 1995. Based on our review of the four bids received, we recommend award of this contract to the low bidder, One Way Construction, Inc. of Sedro Woolley, Washington, in the amount of $169,897.00, being the amount of their low bid including all taxes. Attached for your review are one copy each of the low bid proposal, including Non Collusion and Debarment Affidavit, Subcontractor List, and Disadvantaged Business Enterprise Utilization Certification, and a tabulation of all bids. Also attached are a County Council Agenda Bill, a County Contract Information Sheet, a Project Cost Breakdown, and an Initiating Resolution for consideration by the County Council. Please signify on the following page, your concurrence to award this project to One Way Construction, Inc. acc ca with W.C.C. Nathaniel Dickinson Purchasing Agent cc: Jeffrey M. Monsen, Nat Dickinson Very truly yours Nasser Y. Mansour, P.E. Whatcom County Road Engineer 3.08.230, I concur with this recommendation. Date G. 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F-02 u, Q O Cl) W 0 Q [c # Q O N W z U J lL ch Z ZOZa[ F- — co O 0 0 o 0 0 0 O Z cc 0 0 W m °a o° QO J Z N O in rn ` Z Q D n cc m e LO J w0 w i 0) M i Q a wa cri o W Z 2 w J ii -a N Z W ZmZ[L N CD j wwDa m c� a m o v c > 00 0� 0 m I- a Z o tu : 2 Z Cd J a LL: c t0,1 c N ' CC i ZN W �::: ':::w0 co N 0 U 0 -a) aL N ci V0 N CL cD 0 CD W ;� `o O d 0 c d U oC t C7 D O W CD aL �. N o C_ i N `t c Cd ca In CD CU O Q 3$ O C c N CA dU i c 0= 0 a a m L v L> O * t N c 1W J m D a- H O Z CD 2 0 p W a- 0 .y c 0 } d y y PROJECT COST BREAKDOWN Project: Replacement of Bruce Road Bridge No. 37 Over California Creek, CRP- 992252 ITEM Preliminary Engineering Right -of -Way Contract Construction Engineering Testing, and Contingencies ESTIMATED ESTIMATED FEDERAL COUNTY FUNDS FUNDS (BROS) $ 2,000. $ 8,000. TOTAL FUNDS $ 10,000. 500. 0. 500. 34,000. 135,900. 169,900. 4,900. 19,700. 24,600. Total Cost $ 41,400.00 $ 163,600.00 $ 205,000.00 BID PROPOSAL FOR THE REPLACEMENT OF BRUCE ROAD BRIDGE NO. 37 OVER CALIFORNIA CREEK FA PROJECT NO. BROS -2037 (064) FA CONTRACT NO. SA -2736 CRP 992252 DATE: To: Whatcom County Executive and Council Whatcom County Courthouse Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "Replacement of Bruce Road Bridge No. 37 over California Creek, F.A. Project No. BROS -2037 (064), FA Contract No. SA -2736, CRP 992252, including the "Bid Procedures and Conditions ", "Specifications and Conditions ", "Contract Forms ", and "Plans" governing the work embraced in this project and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment. will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. B -1 Bid Proposal conf REPLACEMENT OF BRUCE ROAD BRIDGE NO. 37 over CALIFORNIA CREEK CRP 992292 1. LUMP MOBILIZATION SUM 00 Il dhie. 1 /I.ousniet, B ° °l, L.S. $ Z (Written Lump Sum Price) 2.. FORCE TEMPORARY WATER POLLUTION CONTROL ACCOUNT Two Thousand and 00 /100 DOLLARS F.A. $2,000.00 (Written Force Account Price) 3. 96 SIGNING AND TRAFFIC CONTROL HOURS 4. LUMP SUM 5. 70 CUBIC YARDS 6. LUMP SUM 7. 2 EACH S. 1200 LINEAR FEET (Written Unit REMOVE EXISTING BRIDGE AND SUBSTRUCTURE -SiA ThokjSA,-%dl q- (Written Lump Sum Price) $ a per HR STRUCTURE EXCAVATION CLASS 'A' INCLUDING HAUL L.S. $ aA � 1 1 t� o�11 ©O a0 . $ O C) (Written Unit Price) I per C.Y. SHORING AND CRIBBING OR EXTRA EXCAVATION CLASS 'A' ::Tx 1 e 4vinc1re &- 8. `�'O /» L.S. $ (Written Lump Sum Price) FURNISH AND DRIVE CAST IN PLACE CONCRETE TEST PILING �r Fo u , 4-ho k a n �1 �� --� Z/ 660 $ p0 0 0 (Written Unit Price) er EA. ' FURNISH CAST IN PLACE CONCRETE PILING (Written Unit Price) I ©" Ioo per L.F. 9. 10 DRIVE CAST IN PLACE CONCRETE PILING EACH �s to (written Unit Price) /per EA. ' See minimum bid requirements under "Signing and Traffic Control" in the Special Provisions ...................:.:::::....: ................. ............. 1. LUMP MOBILIZATION SUM 00 Il dhie. 1 /I.ousniet, B ° °l, L.S. $ Z (Written Lump Sum Price) 2.. FORCE TEMPORARY WATER POLLUTION CONTROL ACCOUNT Two Thousand and 00 /100 DOLLARS F.A. $2,000.00 (Written Force Account Price) 3. 96 SIGNING AND TRAFFIC CONTROL HOURS 4. LUMP SUM 5. 70 CUBIC YARDS 6. LUMP SUM 7. 2 EACH S. 1200 LINEAR FEET (Written Unit REMOVE EXISTING BRIDGE AND SUBSTRUCTURE -SiA ThokjSA,-%dl q- (Written Lump Sum Price) $ a per HR STRUCTURE EXCAVATION CLASS 'A' INCLUDING HAUL L.S. $ aA � 1 1 t� o�11 ©O a0 . $ O C) (Written Unit Price) I per C.Y. SHORING AND CRIBBING OR EXTRA EXCAVATION CLASS 'A' ::Tx 1 e 4vinc1re &- 8. `�'O /» L.S. $ (Written Lump Sum Price) FURNISH AND DRIVE CAST IN PLACE CONCRETE TEST PILING �r Fo u , 4-ho k a n �1 �� --� Z/ 660 $ p0 0 0 (Written Unit Price) er EA. ' FURNISH CAST IN PLACE CONCRETE PILING (Written Unit Price) I ©" Ioo per L.F. 9. 10 DRIVE CAST IN PLACE CONCRETE PILING EACH �s to (written Unit Price) /per EA. ' See minimum bid requirements under "Signing and Traffic Control" in the Special Provisions Bid Proposal cony REPLACEMENT OF BRUCE ROAD BRIDGE NO. 37 over CALIFORNIA CREEK CRP 992252 EM...:::. F _P 10. 32 SUBSTRUCTURE CONCRETE CLASS 4000 CUBIC YARDS o �� I n P 1. ff �� ` 110. $ Z g-00. °'� (Written Unit Price) per C.Y. 11.. LUMP SUM 12. 80 LINEAR FEET SUPERSTRUCTURE, BRUCE ROAD BRIDGE G I I l uu (Written Lum )Sum Price) TRAFFIC BARRIER (Written Unit Price) 13. 430 ROADWAY EXCAVATION INCLUDING HAUL CUBIC YARDS �eIJ eA (Written Unit Price) L.S. $ 206,0- 70. `V $ per L.F. 7.50 $ 3zzS." I.- V . . . 14. 1,100 GRAVEL BASE TONS Ems, ik 4S %� ---- � $ z95 . (Written Unit Price) per TON 15. 110 CRUSHED SURFACING TOP COURSE TONS v 6-0-kcttA s ,o /rte $ (Written Unit Price) per TON 16. 100 ASPHALT CONCRETE PAVEMENT CLASS'B' TONS f= & "1�� (Written Unit yS . $ per TON 17. 130 MEMBRANE WATERPROOFING (DECK SEAL) SQUARE YARDS E: ih% �� too l �� °' $ ) 3 Y G (WrittenU it Price) per S.Y. 18. 255 CONCRETE CULVERT PIPE, 12" DIAM. INCL. GASKETS LINEAR FEET ��c�r�� . S �X �1� ----- 116 30. (Written Unit Price) per L.F. 19. 280 LIGHT LOOSE RIP RAP TONS (Written Unit Price j B -3 ,�D,C-1:> $ per TON Bid Proposal cont' REPLACEMENT OF BRUCE ROAD BRIDGE NO- 37 over CALIFORNIA CREEK CRP 992252 WT. KIARRF fIT ... ....: €::> . ... .. ........... ............ ........... .. . .... . ........... .... : ... ..... . ....... .. .... .. C EMM.- NEW "K*'.:­. 20. LUMP APPROACH GUARDRAIL5 SUM dre L.S. (Written LUMP Sum Price) 21.. FORCE SEEDING, RESTORATION AND MISC. ACCOUNT Three Thousand and Five Hundred and 00/100 DOLLARS F.A. (Written Force Account Price) TOTAL BID — ITEMS 1 THROUGH 21 $ . CISE6. $3,500.00 00 47AWr S_1X1YJJf)'& ADWAVej DOLLARS 1// co ------- CENTS (Written Total Price) 12YYMRUCEBPXG B-4 Bid Pmpoxl cant' NON - COLLUSION DECLARATION REPLACEMENT OF BRUCE ROAD BRIDGE NO. 37 OVER CALIFORNIA CREEK I, by signing the proposal, hereby declare, under penalty of perjury under.the laws of the United States that the following statements are true and - correct: 1. That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement,.participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1 -800- 424 -9071 The U.S. Department of Transportation ( USDOT) operates the above toll free "hotline" Monday through Friday 8:00 a.m. to 5:00 p.m. Eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. B -5 Bid Prgmd coot' BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are.as follows: Firm Name: One- LJ)QLIJ N-nS- Ir uC r1 U4 . -:TL , Address: .2-1 S %J • Zee&_ sz-f -ree+ IV MI�M Telephone (J(0) R� e Contractor's Number ONELA)ACMI SJ S The Firm submitting this proposal is a Sole Proprietorship Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NOTE: Signators of this proposal must be identified above. Failure to identify the Signators will be cause for considering the proposal irregular and for subsequent rejection of the bid. B -6 Hid Proposal coot• BID PROPOSAL SIGNATURE & ADDENDUM ACKNOWLEDGEMENT The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions, for'this project. A proposal guaranty in an amount of five percent (5%) of the total bid based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto: ( ) CASH ( ) CASHIER'S CHECK ( ) CERTIFIED CHECK (�) PROPOSAL BOND In the amount amount of $ Dollars ($ ) Payable to Whatcom Co. Central Purchasing in the amount of 5% of the total bid. Receipt is hereby acknowledged of addendum(s) No.(s) , r & SIGNATURE OF AU JRIIED FFICIAL(S) (PROPOSAL MUST BE SIGNED) ,(,le ;Seal) Firm Name 1�,JrrLicta' -� STATE. OF WASHINGTON ) ss. COUNTY OF ) On this day of h tUenmb {/ , 1995, before me personally appeared Qen.ve,j rJ . to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof. NOTARY PUBLIC, i an4,#Qr the State of Wa hington, residi g at: My Commission Expire This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Whatcom County Road Engineer will be cause for considering the proposal irregular and for subsequent rejection of the bid. B -7 SUBCONTRACTOR LIST Prepared in compliance with Chapter 378 Laws of 1993 Project: Bruce Road Bridge. I. WORK TO BE SUBCONTRACTED (Bidder must complete section IA and /or IB) A. Contract items of work or partial items of work which exceed ten (10) percent of the total contract amount as bid are proposed for subcontracting (check one) Yes No If answer to section IA is yes, complete section IB B. The following contract items or partial items (listed in numerical sequence) which exceed ten (10) percent of the total contract amount as bid, are proposed for subcontracting to the indicated subcontractors. Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers. Subcontractor Name Item Numbers Subcontractor Name Item Numbers ------------------------------------------------------------------ II. WORK TO BE PERFORMED BY BIDDER (Bidder must complete this section) A. The following contract items or partial items (listed in numerical sequence) which exceed ten (10) percent of the total contract amount as bid, will be completed by the Bidder. Bidder Name s rim Item Numbers: 42,6C sr -e- s- B -9 AM'. Disadvantaged Business Enterprise Washington state Department of Transportation Utilization Certification To be eligible for award of this contract the bidder must execute and submit, as a part of his/her proposal, the following certification relating to Disadvantaged Business Enterprise requirements. This certification shall be deemed a part of the resulting contract. Failure to complete and submit this certification or the inclusion of a false certification shall be considered as evidence that the proposal is unresponsive to the invitation to bid. -information on certified firms Is available from OMWBE, phone (206) 753 -9693. certifies that it has had contact with the following Disadvantaged Business Enterprise(s) Name � (DBE) and, if it is the successful bidder on this project, it shall award subcontracts to or enter into supply agreements with the following Disadvantaged Business Enterprises) as Indicated: (f necessary, use additional sheet). Disadvantaged Business Enterprise Subcontracting Goal: NO GOAL DBE Total $ This data will be used to determine whether or not the bidder has met the goal or the average goal attainment of all bidders. B -10 s DOT Form 272-056A Revisod V94 Certification for Federal -Aid Contracts The prospective participant certifies, by signing and submitting this. bid or proposal, to the. best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to. Report Lobbying,' in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prosopctive particil2ant also agreeg by submitting his or her bid or ,Qroposal that he or she shall reouire that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. B -11 DOT 272 -040 4 -90 Bid proposal coat' BID BOND KNOW ALL MEN BY THESE PRESENTS, - that we, One Way Construction, Inc. of Sedro Woolley. WA , as principal, . and the United States Fidelity & Guaranty Company a corporation duly organized under the laws of the State of Maryland and having its principal place of business at Seattle , in the State of Washington, as Surety, are held and firmly bound unto the County of Whatcom, a Municipal Corporation and Charter County in the State of Washington, in the full and penal sum of five percent (5%) of the total bid amount appearing on the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such. that, whereas,. the principal herein is herewith submitting his or its bid proposal for "Replacement of Bruce Road Bridae No. 37 over California Creek. F.A. Protect No. BROS -2037 (064)_, FA Contract No. SA -2736. CRP 992252, said bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contract documents within a period of ten (10) days from and after said award, exclusive of the day of such award,.-then its obligation to pay the above - mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED this ? ,7+11 day of Nnvemher 1 1995. One Wby�Construction, Inc. Prim: ' -P41 . By (Seal) Dewey Hy P sdent UnitedStat Fidelity & Guaranty Company Su" --ty by__ _ _fittoxney- In -FaC Susan M.A Spaeth The rtto niey -in -fact who executes this bond in behalf of the surety company, rust attach a copy of his power -of attorney as evidence of his auth%:7rity. B -8 1138634 UNITED STATES FIDELITY AND GUARANTY COMPANY / POWER OF ATTORNEY % U S FAG' NO. 105926 KNOW ALL MEN BY THESE PRESENTS: Tint UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and hay in its rwapaall office at the City of Baltimore in the State of Marylan&does hereby constitute and appoint George W. Wallace, Gerald t. =kell and Susan M. Spaeth of the City of Burlington , State of Washington its true and lawful Attomey(s )-in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instnments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings requited or permitted in any actions or proceedings allowed by law. In Witness Whereof the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this 4th day of DeCen ber , A.D. 1992 - `mom UNITED STATES FIDELITY AND GUARANTY COMPANY S'.a (Si gned) By...I/ ...... ........................ Senior Vice President l!! A1NS (Signed) By ........ .............. :.............................. Assistant Secretary STATE OF MARYLAND) SS: BALTIMORE CITY ) On this 4th day of December , A.D. 19 92 , before me personally came Robert J. Lamendo la Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn. said, that they, the said Robert J. Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company. My Commission expires the llth day in ; March A.D. 19 95 . u.. . NOTARY PUBLIC This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24,1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s )-in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s )-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and. unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Atiorney(s )-in -Fact shaU have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof. and any such instrument executed by such Attomey(s) -in -Fact steal l be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Ditecters'on September 24, 1992 and that this Resolution is in full force and effect 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. of n In Testirr?ony Whereof 19 a hereunto set my hand and the seal of e D STATES FIDI� TTY AND GUARANTY COMPANY on thi day ............................................. N 1x198 4 Assistant Secretary FS 3 (10.92) i