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00026C - NDL CONSTRUCTION SIDEWALK CURB GUTTER
s NOTICE OF COMPLETION JAN 2 ?, 1w,j ry, NOTICE is hereby given that: CITY CLERK I. The City of Palm Springs;:_California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk' of. the ,City of Palm Springs is authorized and directed to execute,on behalf of said-'City any and all notices of completion. 3. The address of the City' of Palm Springs is City Hall, 3200 Tahquitz- McCallum Way, Palm Springs, California. 4. The public work of improvement on the hereinafter referred to real property within the City was COMPLETED on the 3rd day of January 19 79 ' 5. The name of the contractor, (if named) , for such work of improvement was: N.D.L. Construction Corporation 6. The property on which said public work of improvement was completed is in the City of Palm Springs , County of Riverside, State of California, and is described as follows : City Project 77-34 Abandoned Downtown Driveways on Indian Ave. and Palm Canyon Drive 7. The Street Address of said property is: DATED: January 5, 1979 T_or_�of SPByDi ec CL SUBSCRIBED AND SWORN TO before me . this .-P-Z day of - � .ur , 19�. INOTAR f nl t YJ IF CIAL SEA111A Notary Public in and for the County VE S. ARSI-Iof Riverside, State of California, PUBLC ' CALIFCl u aVERSIOC COUNTYm. expires JUN VERIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss. JUDITH SUMICH, being duly sworn, says: That she is the Deputy City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing notice of completion, and knows the contents thereof, and that the facts stated therein are true; that as said Deputy City Clerk, she makes this verification on behalf of said municipal corporation. y City SUBSCRIBED AND SWORN TO before me Deput Clerk this day of , 19747 �&6 e � L OFFICIAL SEAL Notary Public in and for the County of :a,•;>R Riverside, State of California, ap OLIVE S. MARSHALL NOTARY PUBLIC - CALIFOR NIA �Y'•e �;d�h� RIVCRSIDC COUNTY °"F��' My comm. expires JUN 10, 1982 �r 7805 CECEIVED FOR RECORD AT 11:00 O'CLOCK AN. C.4A,t_,)Reou¢it of ;f,2 iY`-, Back 109,4, Page JAN 111979 { , - Recorded in tyi Records c:Riverside County,California 4, i`> 3-V FEES S ,;,tee' Fr • f PALL City ®f Pain ❑r '41/FOR"�\P P,U. Box 1786, P4dm .Spnn,gti, (:Ado mu f)226° (714) 33.3-'_'661 DEPARTMENT OF COMMUNITY DEVELOPMENT - ENGINEERING DIVISION FOR ® PUBLIC AND/OR ❑ PRIVATE IMPROVEMENTS TO: N.D.L. Construction Corp. ACCEPTANCE DATE : January 8, 1979 P. 0.. Box 714 PROJECT: Citv ProiQ t Nn. 77-34 Rancho Cucamonga CA. 9130 Abandon Downtohn Drj_Keways This is to inform you that the Abandon ❑ Street paving S.F. Driveway approaches 17 EA. ❑ Curb and Gutter L.F. ❑ Storm drains L.F. ❑ Sewer Mains L.F. ❑ Survey Monuments EA Q Sidewalks _ 3,183 S.F. Other___Aj)&adnn 9 handli rap ramn� located at various locations on Palm Canyon Drive and Indian Avenue have been inspected and found acceptable to the City per C.P.S. Drawing No._ Specs Permit No._ 7618 Contractor (s) actually doing work � �nnc+r rtton A+e1 Penhall Company (demolition) Notify your bonding company to release the following bonds: No. in the amount of $ 21 ,759.00 Performance No. in the amount of $ 10,879.50 Labor && aterial No, in the amount of $ Monuments No. _in the amount of $ _— Construction bond in the amount of $ for the noted above. Engineer City Bonding Co. COMMENTS: --_,,,._,,,•�'�iL�...- ector eJopmerrt Director Engineering Field Supervisor irector of Commun ty Development DISTRIBUTION: Original to Contractor; copies to: City Clerk, Building, Field Engineering (2) , Office Engineering, Transportation & Operations, Redevelnpmert. Director OR(61NAL W AW)JOR AGREEMENT NDL Constr Corp.-curb cut re- CITY OF PALM SPRINGS, CALIFORNIF storation in CBD, CP 77-34 AGREEMENT YA26 (orig 10-30-78) DEPARTMENT OF COMMUNITY DEVELOPW Res 88, 10-4-78 SPECIAL PROVISIONS AND PROPOSAL— — ---_I FOR CONSTRUCTION OF SIDEWALK, CURB AND GUTTER BY THE DEMOLITION AND REMOVAL OF ABANDONED DRIVEWAY CURB CUTS AT VARIOUS LOCATIONS IN THE CENTRAL BUSINESS DISTRICT CITY PROJECT NO. 77-34 FOR USE IN CONJUNCTION WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (1976 EDITION) JOHN A. MANGIONE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT BID OPENING Seatember 12 1978 3.00 P.M. BIDDER'S NAME NQ1- FiO#457 1600M R ADDRESS P Q J/(' RAYJMVO TELEPHONE NO. I i • SECTION 1 CITY OF PALM SPRINGS STATE OF CALIFORNIA NOTICE TO CONTRACTORS SEALED PROPOSALS for the construction of concrete sidewalk replacements for abandonded driveways at various locations, as shown on the plans, of City Project No. 77-34, will be received at the office of the Purchasing Agent, 2749 East Alejo Road, City of Palm Springs, California, until 3:00 P.M. on September 12, 1978, at which time they will be publicly opened and read in the Purchasing Agent's Office, for performing work as follows: Construction of sidewalk replacement for abandoned driveway curb cuts, including eight (8) inch curb and gutter and matching colored concrete and textures along the Palm Canyon Drive improvements. The project will require excavation and removal of all existing driveways and gutters with replace- ment sidewalk matching adjacent concrete, adjust and replace any damages encountered within the working area, and other incidental work. No bid will be considered unless it is made on a proposal form furnished by the City. Each bid must be accompanied by cash, a certified or cashier' s check, or bidder's bond of the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten (10) percent of the amount bid, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided by the Proposal Requirements. In accordance with the provisions of Section 1773.2 of the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rates of wages and employer payments for health and welfare, vacation, pensions and similar purposes applicable is on file in the Department of Community Development of the City of Palm Springs. The Contractor shall post a copy of these prevailing wage rates at the site of this project. It shall be mandatory upon the Contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workmen employed by him in the execution of the contract. All bids are to be compared on the basis of the City Engineer's estimates of the quantities of work to be done. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code. SECTION 1 , NOTICE TO CONTRACTORS, PAGE 2 CITY PROJECT NO. 77-34 Plans, specifications, and proposals may be obtained from the infor- mation Permit Center, located at the Buildinq Division, City Hall , Palm Springs, California. A charge of $1 .25 will be made on plans mailed out. Such requests and fees for plans and specifications to be mailed out must be addressed to the Chief Building Inspector's office. The special attention of prospective bidders is called to Section 2 and 3 of the General Provisions of the Standard Specifications for Public Works Construction for full details as to; proposal requirements and conditions and award of contract. The City of Palm Springs reserves the right to reject any or all bids and the right to waive minor irregularities or informalities in any bonds or in the contract proposal . The successful bidder shall meet all insurance requirements of the City including but not limited to, the provisions of personal and property liability including automobile coverage and Workman's Compensation and C.O.C. Policies, in limits acceptable to ;the City. All required insurance shall name the City of Palm Springs as an additional insured. Dated: August 22, 1978 Publication Dates: August 24, 1978 and September 7, 1978 0 SECTION 2 SPECIAL PROVISIONS CI TT PR JECC NO. 7 -34 DESCRIPTION OF WORK The work to be done generally consists of furnishing all materials, labor, machinery, supervision and services necessary to complete the project. The work involves: Construction of sidewalk replacement for abandoned driveway curb cuts, including eight (8) inch curb and gutter and matching colored concrete and textures along the Palm Canyon Drive improvements. The project will require excavation and removal of all exist- ing driveways and gutters with replacement sidewalk matching adjacent concrete, adjust and replace any damages encountered within the working area, and other incidental work. PLANS The location and limits of work to be done are shown on the attached map en- titled "On Street Parking Improvements". The improvements are located in the Central Business District of Palm Springs. STANDARD SPECIFICATIONS All work, shall be done in accordance with the plans and the "Standard Speci- fications for Public Works Construction" which comprises all the directions, provisions and requirements contained in the 1976 Edition of the "Standard Specifications for Public Works Construction," written and promulgated by the Southern California Chapter of the American Public Works Association and Southern California District Associated General Contractors of California Joint-Cooperative Committee, as amended to date at the first publication of the invitation to bid. LIQUIDATED DAMAGES Attention is called to Part 1 , Section 6-9, "Liquidated Damages," of the Standard Specifications. TRAFFIC CONTROL AND ACCESS A schedule of work shall be sumitted to the City Engineer prior to start of work. The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic for all work in the construction area. All traffic controls shall be clearly posted with signs prior to the beginning of any work. All traffic restrictions listed herein are to supplement other traffic regula- tions of the City of Palm Springs and are not intended to delete any part of these regulations. I_ SECTION 2, SPECIAL PROVISIONS, PAGE 2 CITY PROJECT NO. 77-34 Local access shall be maintained to all properties on the project at all possible times. When local access cannot be maintained, the Contractor must notify the affected property owner at least 24 hours in advance and restore access as soon as possible. PORTLAND CEMENT CONCRETE A11 Portland Cement Concrete shall be 560-C-3250. CONCRETE TREATMENT All concrete work, with the exception of Project Site Numbers 1 .2, 2.6, 4.9, 9.15, 9.16, 10.22, 10.23, shall be natural color Portland Cement Concrete with broom finish. See attached drawings indicating the specific color, texture, pattern, scoring and cutsize of each new sidewalk slab to be located at sites 1 .2, 2.6, 4.9, 9.15, 9.16, 10.2211and 10.23, all of which are located along Palm Canyon Drive. TRAFFIC PULL BOXES The Contractor is responsible for the replacement of any damaged traffic pull boxes. The adjustment and replacement of all traffic pull boxes shall be done in accordance with the State of California Department of Transportation specifications. Costs for any grade adjustments and replacements shall be included in the price of the project. ENCROACHMENT PERMIT The Contractor shall be responsible for obtaining all required permits and pay all required inspection fees to the State of California, or their designated Agencies. The Contractor shall be responsible for obtaining all required permits and pay all required inspection fees to the State of California Department of Trans- portaion. WATER METERS AND VALVES The Contractor shall be responsible for the repair and/or replacement of any damaged water meters and valves during the construction of the project. All water meter and valve boxes and customer control valve boxes shall be adjusted to grade by Desert Water Agency: The Desert Water Agency shall also be notified at least 24 hours in advancelof any water meter and valve repair or replacement. CLEAN-UP During performance and upon completion of work of this project, the Contractor shall remove all unused equipment and instruments of service, all excess material , trash, rubbish and debris, andllegally dispose of same. Leave entire area in a neat, clean, and acceptable condition as approved by the City Engineer. SECTION 2, SPECIAL PROVISIONS, PAGE 3 CITY PROJECT NO. 77-34 SAFETY FACTOR Under no circumstances shall a driveway be left unfiiled, after demolition and removal of concrete debris , for more than 24 hours prior to the finished concrete sidewalk. All wort; areas must be provided with safety barricades and warning lights during construction, and where necessary, additional barricades shall be placed around work site, in parking lane, to direct pedestrians. CERTIFICATE OF INSURANCE, naming the City of Palm Springs as an additional insured, evidencing Worker's Compensation, $100/300,000 bodily injury and $50/250,000 property damage coverages. CITY ENGINEER°S APPROVAL I hereby certify that I have examined the content of these specifications, and I have -found that they meet all applicable laws. APPROVED —zr �// � `�yi,tJ DATE: �� a�/ /�7� GEORGE M. MINTURN City Engineer RCE No. 6720 1 1719�1sr = October 111, I')7/ r, 1 k., y- �r 'P - 10 Downtown DevolopmenL Advisory Lnnm'ission � r FItC1V m Redevelopment Planner 1 111 SUBJECT e RECLAIMED ON-SIRLLI PARKING SPACES �� " The following survey resulLs indicate the lnraLinn , We, and priority of the on-WrcoL parking improvement, program d Won! od Iowdidn Lhe resurfacing and filling- in of unused driveways in Lhe_ eeulial b"U nei,s disiricL, the purpose of this program is to expand on-street parking by removal of un- necessary and often unsafe driveways . This program will recapture 31 parking spaces. The priority of the improvements were determined by the potential parking local ion and demand for use and relative cost of improvement ( "A" is the highest priority) . There are additional locations in the NO where other on-street parking spaces will be recaptured as private development occurs. BLOCK SITE APPHOX. APPROX. NUMBER ADDRESS NUMBER PRIORITY 5(1_ ELE:f SIZE (Includes Curb) 1 165 Alejo Road 1 .1 D 155.6 sq ft 5. 3' x 24. 7' -- 354 N, Palm Canyon Dr. 1 .2 A 216. 7 sq fL 8.5' x 25.5' NO N. Indian Ave. 1 .3 D 121 . 9 sg it 6. 7' x 1131' 440 N. Indian Ave. 1 .4 13 162.4 sg it 6. 2' x 26.2 ' 460 N. Indian Ave. 1 .5 A 150.0 sq FL 5 x 30 ' 2 343 N. Palm Canyon Dr. 2.6 A IHJ-4 sq ft I x 26. 2' 3 150 Amado Road 3. 7 A 444 sq FL 3.H' x 13 261 N. Indian Ave. 3.8 D 120.0 sq fL D x 15 4 240 N. Palm Canyon Dr. 4,9 A 588.0 sq ft 15 x 29.2' 5 175 Andreas Road 5. 10 C 59.8 sq ft 4. 6' x 13 120 N. Indian Ave. 5. 11 13 211. 0 sg rt 7 ' x 32 281 N. Indian Ave. 5.12 A 258. 7 sq ft 7.5' x 34.5' 6 _ 7 1 'o) Arenas Poad 7. 1 3 li ;'71 . 3 sr1 I L 9. 3 x 23.8' 191 S. Indian Ave. 7. 14 D 161 . 5 s(I I / x 23. 6' 8 9 220 S. Palm Carrvnn I)r, 9. 15 A 213.0 sg ft 15 x 16.2' 224 S. Pall]' Canyon Dr. 9. 16 A 379.2 sq ft 15.8' x 24 299 S. Indian Ave. 9. 19 C 2911.2 sq ft N ' x 31.4' 299 S. Indian Ave. 9.20 C 211 .8 sq ft: 7.8' x 31 233 S. Indian Ave. 9.21 A 90.0 sq ft 5 x 18 C1or (YF-- roe UC9 SPR""1eC Moillo DDAC - Oct. 1 / , 19// RI OCY. III A11111 u0 AI PROX . NUMBER ADDRISS PIIlI1P,llt 'I'IlIORIIY ' Il. III ;,I /I ( In ,lul s Lurb) 10 227 S. I'nlnl C'Involl Dr. 10.77 A 150,0 nq It 7. 5' X7O' 240 S. Palm Canyon Dr. 10.2.3 A lHO,0 ;q fL 7.5024 ' TOTAL DRIVEWAYS IN PROGRAM 21 TOTAL RECLAIMED PARKING SPACLS 29 DRIVEWAY PRIORITY - A 11 DRIVEWAY PRIORITY - B 7 DRIVEWAY PRIORITY - C 3 Linear Feet of Curb and Gutl.er 504 .4 Iin. IL. Square Feet Sidewalk Replacement, 4000.0 sq. ft . ND. REVISIONS --_ - APPROVED DAT I RCVIS _ED P.C. CONC, CPEC. AND CHANCED DI0.9% ADDED YIELD. G T I 7;!� STREET WIDTH MEASURED TO HERE - CURB FACE 8eo n 11d 21 - 0°I - 1/2°R I/2°R A. C. PAVEMENT- IIIR ID 1..�' l�J!W V I ti u al• K • P P. C. CONC. SHALL BE MIN. —�• " 300OLS. CONCRETE IN 21_g'° ACCORDANCE WITH THE STD. SPECS, FOR PUBLIC WORKS CONSTRUCTION. YIELD- 15.67 LIP➢. FT. PER CU.YD. .06379 CU.YD. PER LIN. FT. CURB SHOWN THUS ON PLANS, A P P.C.C. RES. NO. 11222, DATED 10-16-74, APP. C.C. RES. NO. 10765,DATED 7— II-73. CITY OF PALM SPRINOS APPROVED: DATE: 7/3/73 DEPARTMENT OF COMMUNITY DEVELOPMENT 16534 'CITY E INEER R.C.E. 8° COMBINATION CUR® a GUTTER DRAWN BY: B.S.N. FILE NO.STANDARDS CHECKED BY• LM H JDWG NO 200A O n T 0 ALL OTHER ZONES—CURB TO PROPERTY LIFE � m M� e � 6 ® � { R-2 R-3 5 R- 4 m a' z � e' � � R-1 -5' 4 © b HILLSIDE STREETS—3` , C FOR FINISH SEE c' fD B A. C. PAVEMENT SECTION 303-5.5 < ® !' m OF THE SPECIFICATION' sn 0 U) SLOPE® ➢A,": i' C � r� CURE— SEE STANDARD 4" P.C. CONCRETE SHALL BE rAIN➢MUA91 3000 LB. MOS. 200, 200A, CONCRETE IN ACCORDANCE WITH THE STANIDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. -➢AND STATE STD. A-2-8 NOTES 1. FOR EXPANSION AND WEAKENED PLANE JOINTS SEE SECTION 303-5.4. VV o- SPACING FOR !" DEEP WEAKENED PLANE JOINTS 15 FEET; ON EXPANSION JOINTS 60 FEET; � Np SCORING 5 FEET MAXIMUM. 00 2. ORNAMENTAL SIDEWALKS SHALL BE ALLOWED IF STRENGTH AND TEXTURE ARE EQUAL TO � �� OR EXCEED THE SPECIFICATIONS AND ARE APPROVED BY THE PLANNING COMMISSION. n ^ v oo 0 0 - R 0 co 3. Structural Section to be as reconnnended '�r a soil En ineer o w� recog�,i_eu h r �p as guide "Flexible Pavement Structurai Section design I�uiue for Laliion,ia o o r _ Cities and Counties" as prepared by the Couzit} Ln', ineers association, the b m = League of California Cities and the Caiifornia uerartment of _ransnortat o, . Iv a eu tw r — LEGEND: SHOWN THUS ON PLAN � iI r^ CITY OF PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY Na, 77--34 � T ✓Ir��A7 lL�N DESIGN BY: SCALE: FILE Ng! I/4'�- I.o' CHECKED BY: GWG. NJV SHEET Na 6F , i I �Gp G,/-{l� C{Jl GLU�i� EJC7 rTJR/v C7CZdv`� p�-Lb.�GOf1J� O d= - a m GUI~I3 Z40 N, PA( l 6AW0N W. �z �IZETAW �XiF ,I- & CITY OF PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY FF 0J. 77.3+ r�'Lgei cur r,1:5To"TaA DESIGN BY: SCALE: FILE Ng: 1/8"=,1-a H�IO. I 4. q CHECKED 8Y: DWG. Nit: SHEET Na OF ®_ A fe"G? 7.9 10 , r l o-r i6N LOCATION MAF r", rho, -r� �Ii --00461pravAl PATio ::WoF d �i II+fA7C:hZ NfE'iL%��J � CTiGUCZ H, PALM GAf9\0-R , Imo. �J CITY OF PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY PgAl NO 77-51t F= CuRa CUT Ra:71L-)rWATfom DESIGN BY: SCALE; � � FILE Ng: VA 1 CHECKED BY: DWG. No: SHEET N• OF I d ' d Lam• l� —. - - I I rb i C ep tZETAIM �X�t!�TIJ4& CITY OF PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY 1'fv.2J- 77-�4• COKe;, COT KE-STOKATic f�4 DESIGN BY: SCALE: t FILE NR: I Te H0 9, 1 1141I= 1,0 CHECKED BY: DWG. Ng: SHEEN Nr OF UUA.1� 2U,rJ - - --------- - ---- 14,0' 410, -- - I- - _ ,'GUI�7 Z-4D %°o, P��1 vdAl�G''s'e Dlz• N ,!1/ �2ErhIW �Xi�TIN6 �- 6UTi�fZ CITY OF PALMI SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT-1 REDEVELOPMENT AGENCY No, 77-';�,4 our,..;; CUT DESIGN BY: SCpALE: FILE NQ: If= to /I�" �•~. ®• 0• - CHECKED BY: DWG. Ns: SHEET NS OF --------- --- 4.0 ' H y y y 144 Z GUI' V, 2Zi- 56). FAW CAAlY'bA/ DK. (#2) H CITY OF PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY p10JEOr 77-34 CUIZI3 GUT Rr=e?T012f�T{ON DESIGN BY: SCALE: AS Eo1.O FILE Np: L_ 4 51 ITL No. �• I� CHECKED BY: DWG. NO: SHEET NO OF 4.0, �.D 4=.D �.d 74) H O �rx�T 2'' GLJV�� 227 5P, FAU-1 CAN ('W L212 H jZ15rN CITY OF PALM, SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY hROJ , NO 77-�� wUv' DESIGN BY: SCALE; DA FILE NQ: I�� r JO' `f 2 CHECKED BY: DWG. NK: SHEET N• OF 4 Ft4N �lct/,may �,��1YJt-l; • rYFJ6,AL 6XPAW;llbl1 JOIWr WIl b lM:�,TA.4,E D ,IWeEN ALL MLK/ -5ioe lqi, AOL? h ILYJ 012, ti7 19 M& GUF-C.7) C-L)MCIZeT rAViW-Y , AUl roir-T,�- SHALL 1!;6 :SET IN oNe oU. FT of GDi�Gk'�Tc;. CITY OF PALM SPRINGS DEPARTMENT OF COMMUNITY DEVELOPMENT REDEVELOPMENT AGENCY �.rrfl L✓�/AM / � ..aTa, i row DESIGN BY: SCALE; FILE NQ CHECKED BY: DWG. NQ: SHEET N• OF SECTION 3 PROPOSAL FOR THE CONSTRUCTION OF SIDEWALK, CURB AND GUTTER REPAIRS BY THE IN-FILLING AND REMOVAL OF SPECIFIC ABANDONED DRIVEWAY CURB CUTS IN THE CENTRAL BUSINESS DISTRICT CITY PROJECT NO. 77-34 IN PALM SPRINGS, CALIFORNIA Responding to a Notice to Contractors in an authorized publication for the construction of sidewalk, curb and gutter by the removal of existing driveway curb cuts in specific locations of the Central Business District, by specifications shown on enclosed plans. we/I propose and agree to furnish all material , labor, equipment, supervision, and all service necessary to do all the work required to complete said improvement, ready for use, all in accordance with Plans and Specifications, and also to the satisfaction of the City Engineer. It is hereby understood and agreed that the City reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any item of the work as may be deemed necessary or expedient by the City Engineer. Such increase or decrease will be negotiated with the City Engineer. Payment for such increased or decreased amounts will be made in accordance with the unit price bid as shown on the schedule set forth below. When discrepancies occur between words and figures, the words shall govern. ITEM APPROX.QUANTITY DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL 1 . 504.0 Lin. Ft. Demolition, removal and reconstruction of 8" Portland Cement Concrete (560-C-3250) curb arw gutted, atc ng ,,�.�����jacent curb and gutter, ad'�L'1/� o t7' o0 per Lin. Ft. $ cgk 9-- 2. 2,142,0 Sq. Ft. Demolition and removal of driveway and recon- struction with natural color Portland Cement Concrete (560-C-3250) sidewalk poured in place, ,"m���"1'C_hing ad * ce! , concrete, at o� 1 ✓y�l,'!.Q- �1t_�'X 1h0� per Sq. Ft. ($ SECTION 3, PROPOSAL, PAGE 2 CITY PROJECT NO, 77-34 TTEM APPROX.QUANTITY DESCRIPTION WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL 3. 1 ,857.0 Sq. Ft. Demolition and removal of driveway and recon- struction with colored Portland Cement Con- crete (560-C-3250) sidewalk, poured in place, matchin adia ent concr e ',color and texture, at " ,n \CD5t,,�1,•7 per Sq. ($ �m� ) $ ` TOTAL AjUNT FOR BID I .90 LV 0 RS. $ �0 7 ��.© The contractor shall begin work within fifteen. (15) calendar days after receiving notice that the contract has been executed and shall diligently prosecute the same to completion before the expiration of twenty (20) working days from the date of the City Engineer's Notice to Proceed. The undersigned is licensed in accordance w1TQ an act providing for the registra- tion of contractors, License No. Enclosed find 9 1Q in the amount of ten (10) percent of the amount bid, here n posted with the City as security that the under- signed will enter into a contract with the City and furnish the required bonds within eight (8) calendar days after the first publication of the Notice of Award of the work to him. The undersigned further agrees that in case', of default in executing the required contract with necessary bonds within eight (8) calendar days after the first publi- cation of the Notice of Award, the proceeds of the check or bond accompanying his bid shall become the property of the City of Palm Springs. It is understood and agreed that this bid may not be withdrawn until thirty (30) days from the opening thereof, and in no case if the bid is awarded to the undersigned bidder. OA 1W.� 4 L " �" - NU m of Bi der Pe on, Firm, Corporation I By 'Signature of Person Authorized to Sign This Proposal i NOTE: DO NOT DETACH BID FORMS. FILL IN WITH INK AND SUBMIT WITH ATTACHED DOCUMENTS. (NO BID WILL BE CONSIDERF�i'�lNLESS THIS DOCUMENT IS COMPLETE•IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT) :INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1 ) Address ��� �� ! �Cr'4}c7P,U� (N),5Nlq_�A—_(2) Telephone No Co � (3) Type of Firm (Individual , partnership or corporation) �c9 ' 1� (4) Corporation or an"ized under the laws of the (5) Contractor's License No. State of t toI 11=-, No. Z Z C, k r r (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (7) Number of years' experience as a contractor in construction work (8) List at least three projects completed as of recent date: Contract Amount Class of Work Date Completed Name and Address of Owner (9) W.t the name and addneag o6 each zubeontAactoA who w.iU peA6otm woAFz in oA about .the woAk oA imp"vement, and .indicate what pant oA the woak w•iU be done by each e ubcontG aatoA: Contractor's Name Address License No. Work to be performed (10) List the name of the per on who inspected the site f the prop ed work for your firm (11 ) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. 9 • AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) 1 �— _ ti U � being first duly sworn, deposes and s_ays:`— --�--- — ----- — That he is leeLwn of (insert "Sole wne ", ' Partner", (insert name of bidder or other proper title) who submits herewith to the City of Palm Springs, a proposal ; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Springs, or of any other bidder or anyone else interested in the proposed contract; and further, That prior to the public opening and reading of proposal , said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal . (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal , or that anyone should refrain from bidding or with- draw his proposal . (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any over- head, profit, or cost element of this proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Palm Springs or to any person or persons who have a partner- ship or other financial interest with said bidder in his business. Subscribed and sworn to before me this day of S-t emaber 1917 u By Notary PUblit in and for sa , y and State 111111111111111111111111111111,1111111111111111111111111111111111111111111111,1,11111111111111 OFFICIAL SEAL F} f CHERYL I. GRACE ti tl e gp du' ^ NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN its ORANGE COUNTY �1 My Commission Expires August 19, 1981 ]111111111111111111111111111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111111111111111T. AGREEMENT This Agreement, made and concluded this �5Q �'t _day of /�1,Rr �i`� between The City of Palm Springs , Party of the First Part, and _ _ NnT. rnNaT,�pg� Contractor, Party of the Second Part, WITNESSETN That: ARTICLE I - for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the said Party of the First Part, and under the conditions expressed in the two bonds bearing even date to these presents and hereunto annexed, said Party of the Second Part agrees with said Party of the First Part, at his own proper cost and expense, to do all the work and furnish all materials , except such as are mentioned in the specifications to be furnished by said Party of the First Part, necessary to complete in good workmanlike and substantial manner all of the work for: Construction of sidewalk replacement for abandoned driveway curb cuts , including eight (8) inch curb and gutter and matching colored concrete and textures along the Palm Canyon Drive improve- ments. The project will require excavation and removal of all existing driveways and gutters with replacement sidewalk matching adjacent concrete, adjust and replace any damages encountered within the working area, and other incidental work, in accordance with the drawing/s, proposal , description of work, and special pro- visions therefore, and also in accordance with the "Standard Specifications for Public Works Construction" (1976 Edition) , at the first publication of the invitation to bid, and all other Codes and Ordinances referred to and thereby ' made a part hereof. The limits and location of said work to be done is shown upon the City of Palm Springs Drawing/s entitled "City Project No. 77-34, consisting of ten (10) special drawings, which special drawings are hereby made a part of this con- tract. ARTICLE II -:, Said Party of the Second Part is responsible for furnishing all said materials and labor, furnishing and removing all plant, temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement; also for all loss and damage arising out of the nature of the / work aforesaid, or from the action of the elements or from any unforeseen diffi- culties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said specifications , are expressly stipulated to be borne by the City, and for well and faithfully completing the work and whole thereof, in the manner shown and described in the said Drawing/s and Specifications and in accordance with the requirements of the City Engineer, the City shall pay and the Contractor shall receive in full compensation therefore, the prices for the several items named in the Bidding Sheet of the Proposal . Premium. $326.00 Bond No. 2685526 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Springs, State of California, has awarled to NDL CONST. CORP. hereinafter designated as the "Principal", a contract for: Construction of sidewalk., curb and gutter by demolition and removal of abandoned driveway curbs at various locations in Central Business District. (Insert description of work to be performed and location) WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and AMFRTCAN FTT)FTTPY FTRF TNg. ,, CO_ as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the City of Palm Springs, California, in the penal sum of Pwenty one thousand seven hundred fifty nine & 00/100 Dollars ($21,759.00 being 100% of the contract amount in lawful 'money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his executors, heirs, administrators, and successors, 'or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Palm Springs, California, its officers and agents, as therein stipu- lated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. IN WITNESS WHEREOF, Identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this 19Lh day of OCTOBER 197 8 r I RTJAPTA7 C!ORp \ SURETY ' PR IPAL-el Byrl, ; 1 —�— U GG�� 6 /pper�++�, 'n \, t INS&RE'b01�IP WS Attorney-in-Fact and/or AGENT ADDRESS: A.F.F. 15910 Ventura Blvd. Encino, Calif. W 36 i STATE OF CALIFORNIA ', ss. County of LOS ANGELES On this 19th day of OCTOBER in the year 19 78 , before me, a Notary Public in and for the County and State aforesaid personally appeared GARY R. PETE'RSON known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the said Company thereto as Surety, and his own name as Attorney-in-Fact. nuuli OFFICIAL _,11 i fill.� E Ili/ t� - ppT 1 PLCt.I1 y I E F 'iV L43 AIIC 'IG ELLS w:n:nu:,,�--]m- rlIISSIOR EY,UIi'.0 C ,Y DCifJ£, 21, i"79 = NO ARV'PoBLIC J - i um:nwnnnu,:numnuvnwunnuuwn:,-uxummu,n,i,il,:uunnn:m::,-: 346 GP (1/8) STATE OF CALIFORNIA, as. COUNTY OF— II,anGaP ) ON �C�'ak�or a6 10�, before me, the undersigned, a Notary Public in and for the said State, personally appeared :::1,:::::11,,,:::::1,,::::,:1,:::::,p: ,,,::I111:::1:111;;;;,,;;;;,,,,,I[I III I Fool 1,,,,,r„ all 4 lZ% _ l" � , known to me to he the ^t OFFICIAL SEAT_ r CHERYL I. GRACE C President nd known to me �`s2 <taim NOTARY PUBLIC CALIFORNIA t0 be the Of-11' -F��N.�Ti�()(^7A0/� PRINCIPAL OFFICE IN = [ ��D iI ORANGE CouNTY the Corporation that executed the within Instrument, known to me to be the persons who E My Commission Expires August i?, issi = executed the within Instrument, on behalf of the Corporation herein named, and acknowledged o such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. nn No y Public in and for said State— .�ACKNOWLEDGMENT—Corp.Pres. &Sec.Wolcotts Form 226---Rev 3-64 STATE OF CALIFORNIA, as. COUNTY OF q'e ON �C i d3 � a3 ior79 before me, the undersigned, a Notary Public in and for the said State, personally appeared Nei L D lrel t o known to me to be the /I„1111,111111„1141111111111,,,111111„1111,1„1111111Ii,1:FF:C L111E 1,1,111„1111:,1,lllllp,111^ president a , known to me E OFFICIAL SEAL _ CHERYL I. GRACE = to be the I`- y..'+_� NOTARY PUBLIC CALIFORNIA = IF f- 21�3AI ri — ( '`r' PRINCIPAL OFFICE IN the Corporation that executed the within Instrument, known to me to be the persons who °.1._. y ORANGE COUNTY executed the within Instrument, on behalf of the Corporation herein named, and acknowledged Illy commission Expires August v, 19ai = to me that such Corporation executed the within Instrument pursuant to its by-laws or a „.....,1,1111:,,,:1,1,,,1,,,,,1 resolution of its board of directors. WITNESS my hand and official seal. pp � -Vvvn� Not Public in and for said state. ACKNOWLEDGMENT—Corp.—Pres. &Sec.—Wolcotts Form 226—Rev.3-64 AGREEMENT, PAGE 2 ARTICLE III - The said Party of the First Part hereby promises and agrees with the said Contractor to employ and does hereby employ the said Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to for the unit prices bid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said Parties for themselves, their heirs, executors, administra- tors, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV - The "Standard Specifications for Public Works Construction" (1976 Edition) , at the first publication of the invitation to bid, the plans, the special provisions and the proposal are hereby included and made a part of this agreement. These documents, together with this formal agreement and the bidder's proposal , affidavit and bonds, constitute the contract documents and a require- ment included in one is as binding as though included in all. It is further expressly agreed by and between the Parties hereto, that in the event of a con- flict between one contract document and any of the other contract documents, the document highest in precedence shall control and supersede in that particular, the document which is contrary to it. The order of precedence of the contract documents is as follows: First - This Formal Agreement Second - Codes Third - Special Provisions and Plans (Words shall take precedence over numbers) Fourth - "Standard Specifications for Public Works Construction" (1976 Edition) Fifth - Bidder's Proposal Change Orders and supplemental agreements shall take precedence over the contract documents. IN WITNESS HEREOF, the Parties to these presents have hereunto set their hands the year and date first above written. ATTEST: D. A. Blubaugh CITY OF PALM SPRINGS, CALIFORNIA City Clerk,y BY :--. By 7' KKGC 'Deputy City Clerk City Manager APPROVED AS TO FORM: Date /tt3 By APPROVED BY THE CITY COUNCIL City Attorney By CRA RESOLUTION No. 88 Date /p .-..2$"— 2*- CONTENT "A VED CO ACTOR J hDL CONST(c� r. BY �t By I L �) , Di ctor o Community evelopment Date 10 t.5 10 Title AGRELME'!NT This Agreement, made and concluded this day of �7�,'t t%!u(; between The City of Palm Springs , Party of the First Part, and NnT rn M r0RP__ --Contractor, Party of the Second Part, WITNESSETH That: ARTICLE I - for and in of the payments and agree- ments hereinafter mentioned, to be made and performed by the said Party of the First Part, and under the conditions expressed in the two bonds bearing even date to these presents and hereunto annexed, said Party of the Second Part agrees with said Party of the First Part, at his own proper cost and expense, to do all the work and furnish all materials , except such as are mentioned in the specifications to be furnished by said Party of the First Part, necessary to complete in good workmanlike and substantial manner all of the work for: Construction of sidewalk replacement for abandoned driveway curb cuts , including eight (8) inch curb and gutter and matching colored concrete and textures along the Palm Canyon Drive improve- ments. The project will require excavation and removal of all existing driveways and gutters with replacement sidewalk matching adjacent concrete, adjust and replace any damages encountered within the working area, and other incidental work, in accordance with the drawing/s, proposal , description of work, and special pro- visions therefore, and also in accordance with the Standard Specifications for Public Works Construction (1976 Edition) , at the first publication of the invitation to bid, and all other Codes and Ordinances referred to and thereby made a part hereof. The limits and location of said work to be done is shown upon the City of Palm Springs Drawing/s entitled "City ProjectlNo.77-34, consisting of ten (10) special drawings, which special drawings', are hereby made a part of this con- tract. ARTICLE II — Said Party of the Second Part is responsible for furnishing all said materials and labor, furnishing an& removing all plant, temporary work or structures , tools and equipment, and doing all the work contemplated and embraced in this Agreement; also for all loss and'Idaukage arising out or the nature of the work aforesaid, or from the action of the elements or from any unforeseen diffi- culties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred, by or in consequence of the suspension or discontinuance of work, except such as in the said specifications , are expressly stipulated to be borne by the City, and for well and faithfully completing the work and whole thereof, in the manner shown and described in the said Drawing/s and Specifications and in accordance with the requirements of the City Engineer, the City shall pay and the Contractor shall receive in full compensation therefore , the prices for the several items named in the Bidding Sheet of the Proposal . Bond No. 2685526 PREMIUM included in Per" LABOR AND VIATERIAL BOND KNOW ALL MEN BY THESE PRESENTS That we NDL CONST. CORP. AS PRINCIPAL, and _AMFRICAN, FIDELITY FIRE INS. , Co. a corporation, organized and existing under the laws of the State of CALIFORNIA , and authorized to transact business in the State of California, AS S UR iU7 are held and firmly bound unto the State of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment Fund and any and all persons entitled to file claim under Section 1184e of the Code of Civil Procedure, State of California, in the sum of Ten thousand eight hundred seventy nine &,50/lOcbollars ($10,879.50 ) being 50% of the contract amount in lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents. SIGNED, SEALED with our seals and dated this 19th day of OCTOBER , 1978. The condition of the foregoing obligation is such that whereas the above bounden Principal has entered into a contract with the City of Palm Springs to do and perform the following work, to-wit: Construction of sidewalk, curb and gutter by demolition and removal of abandoned driveway curbs at various locations in Central Business District. f -----insert description of work to be performed and location) NOW THEREFORE, if the above bounden Principal , or his sub-contractors , fail to pay for any materials , provisions , provender, or other sureties , or teams , used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety will pay the same, in which event his obligation shall be void; in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be tared as costs shall be included in any judgment rendered therein. i 1 Insurance Company and/or Agent address; B PR NCIPAL V American Fidelit Fire-I-As. Co. 1591�Ven .nr2 RlYsl OMPANY En i ua,_Czji.:E AFTQRNEY-IN-FACT Gary R. Peterson I STATE OF CALIFORNIA, } as. COUNTY OF— ON �CTOFSEJ c�3 19�g , before me, the undersigned, a Notary Public in and for the said State, personally appeared ---r L D i Le known to me to be the or`Fici L`senL = esi'dent and known to me CHERYL I. GRACE = to he the €�of_]1—y)—L _CoNSTR uC7 lON NOTARY PUBLIC CALIFORNIA _PRINCIPAL OFFICE PO RA�� tion th w:nun,n,u,,,nnunP CE IN Nt executed the within Instrument, known to me to be the persons who ?wry ORANGE couNrY the Corp(Cor , ply Commission Expires August 17, 1981 executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its boa rd of directors. WITNESS my hand and official seal. n1 LA N ry Puhlic in and Tor said State. ACKNOWLEDGMENT—Goo.—Pres. &Sec.Wolcotts Form 2261 3-64 STATE OF CALIFORNIA l County of LOS ANGELES On this 19th day of OCT,OBER in the year 19 78, before me, a Notary Public in and for the County and State aforesaid personally appeared GARY R. PETERSON known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the said Company thereto as Surety, and his own name as Attorney-in-Fact. avnu:uunnie,:mo:,:,mr,onn::mei,:an.,u:n:mu::nu,:nmunun::nneun. -'- 0�FLI/VL SEAL - I 1 f , I / 21, 79 = I�YIOIIWW:V•IINPeJIeJ�`µ1m^.:9N:111:.1A,J:':r^V¢ulunumuWuuuunn..i 346 GP (1/8) Y AMERICAN FMELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY r KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attomey-in-Fact such persons,firms or corporations as such officers may select from time to time,"does hereby make, constitute and appoint: GARY R. PETERSON of LOS ANGELES, CALIFORNIA its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Any and all bonds and undertakings in an amount not exceeding $50,000.00 as to any one project,for or on behalf of this Company, in its business and in accordance with its charter, and to bind American Fidelity Fire Insurance Company thereby, and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. IN WITNESS WHEREOF,the American Fidelity Fire Insurance Company has caused these presents to be signed by its President and/or Vice-President,and its Corporate Seal to be affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY 441l ,tt NEw yoae Luth.r H. Williams,President State of New York 1} ss. County of Nassau On this 24th day of January, 1977,before the subscriber,a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company,to me personally known to be the individual and officer described herein, and who executed the preceding instrument,and acknowl- edged the execution of the same,and being by me duly sworn, deposed and said,that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corp- oration,and that the resolution of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New�York the day and year above written. � n wo `l^C Notary Public ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30-8643115 Qualified in Nassau County Commission Expires March 30, 1978 State of New York ss. County of Nassau CERTIFICATE 1, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of the State of New York, DO I4EREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the said Company,at Woodbury,New York,dated this 19th day of OCTOBER ,19 q8............ . . ... ..... `y4RE IMSU Assistant Secretary 350 50 GP (1/7)