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HomeMy WebLinkAboutContractCAG -03 -002 1997 Edition - Electronic Format AIA Document A101 -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM !� ajC nM THIS DOCUMENT HAS IMPORTANT LEGAL AGREEMENT made as of the / day off4b in the year of 2003 (In words, indicate day, month and year) O . CONSULTATION WITH AN ATTORRNEY NEY I 5 ENCOURAGED WITH AN AT BETWEEN the Owner: RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF (Name, address and other information) THIS ELECTRONICALLY DRAFTED AIA City of Renton DOCUMENT MAY BE MADE BY USING AIA Community Services Department DOCUMENT M1. 1055 S. Grady Way Renton. WA 98055 AIA Document A20I -1997, General Conditions of the Contract for and the Contractor: Construction, is adopted in this document (Name, address and otherinformation) m by reference. Do not use with other general conditions unless this document is Sahli Construction modified. 14607 22nd Ave. SW Burien. WA 98166 This document has been approved and endorsed by The Associated General The Project is: Contractors of America. (Name and location) Liberty Park Skate Park Revisions Bronson Way North & Houser'Way Nort h Renton. WA 98055 The Architect is: (Name, address and other information) Gray & Osborned 701 Dexter Ave. North, Suite 200 Seattle, WA 98109 206 - 284 -0860 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS mss The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the �. .W Contract as if attached to this Agreement or repeated herein. The Contract represents the A' � entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. niA® PP AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to The American Institute of Architects the extent specifically indicated in the Contract Documents to be the responsibility of others. 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2003 -029AA SKATE PARK CONTRACT -T.AIA -- 3/10/2003. AIA License Number 1008538, which expires on 9/3/2003. • • ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement ifit differs from the date of this Agreement or, ifapp /icable, state that the date will be fixed in a notice to proceed.) Date will be fixed in a Notice to Proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 3.2 The Contract Time shall be measured from the date of commencement. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than THIS ELECTRONICALLY DRAFTED AIA days from the date of commencement, or as follows: DOCUMENT MAY BE MADE BY USING AIA (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of DOCUMENT D401. commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion ofcertain portions of the Work.) AIA Document A201 -1997, General Starting date will be established at preconstruction meeting. Conditions of the contract for , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) For each calendar day after date established by the above allowed time that any portion of the work remains incomplete and any portion of the building that remains unavailable for occupancy (in the Owner's sole judgment) the Sum of One Hundred 100.00) Dollars not to be construed in any sense a penalty, but as fixed, agreed, liquidated damages occurred by the Owner for failure of the Contractor to meet the schedule completion dates. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Si& -Five Thousand, Eighty -Nine Dollars and 60 Cents($ 65.089.60 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternates 1 & 2 (State the numbers or other identification ofaccepted alternates. Ifdecisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: None ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2003 -029AA SKATE PARK CONTRACT -T.AIA -- 3/10/2003. AIA License Number 1008538, which expires on 9/3/2003. Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ®1997 AIA® AIA DOCUMENT AIOI -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 • • 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 ed Appheatien -fee Payment4 r- eeeiyed*4he Mehiteet ael lateF therr- €,ked above, -Ahell -be made -by 4he 9Nffle -Fe+ -later -ha* - -days -a-f 4he " _met - 1eEe. 4he Appkatiel3-fef - Payment.- -The Owner shall provide the Contractor with an Accounts Payable Calendar listing the cutoff dates for submissions of an Application _ THIS DOCUMENT HAS IMPORTANT LEGAL for Payment. An Application for Payment must be submitted to the Architect a CONSEOUENCES. CONSULTATION WITH minimum of two (2) weeks before a cutoff date to be included in that billing cycle AN ATTORNEY IS ENCOURAGED WITH payment date. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 5.1.4 Each Application for Payment shall be based on the most recent schedule of values DOCUMENT MAY BE MADE BY USING AIA submitted by the Contractor in accordance with the Contract Documents. The schedule of DOCUMENT D401. values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o1 -1997• .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5 0/6); 3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2o1 -1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 ofAlA Document Amt -i997 requires release of applicable retainage upon Substantial Completion of Work with consent ofsurety, ifany.) © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2003 -029AA SKATE PARK CONTRACT -T.AIA -- 3/10/2003. AIA License Number 1008538, which expires on 9/312003. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ®1997 AIA® AIA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2oi -1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire work to reduce or Gmit the retainage resulting from the percentages inserted in Clauses 5.1.6.1 and 51.6.2 above, and this is not explained elsewhere in the Contract Documents, insert hereprovisions forsuch reduction or limitation.) Retainage shall be five percent (5 %) of the contract sum until final payment. 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance THIS DOCUMENT HA5IMPORTANT LEGAL to suppliers for materials orequipment which have not been delivered and stored at payments pp CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH the site. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 5.2 FINAL PAYMENT THIS ELECTRONICALLY DRAFTED AIA 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be DOCUMENT MAY BE MADE BY USING AIA made by the Owner to the Contractor when: DOCUMENT D401. 1 the Contractor has fully performed the Contract except for the Contractor's AIA Document A201 -1997, General responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document Conditions o, the contract for P Y P Construction, is adopted in this document A2o1 -1997, and to satisfy other requirements, if any, which extend beyond final by reference. Do not use with other payment; and general conditions unless this document is modified. .2 a final Certificate for Payment has been issued by the Architect. This document has been approved and 3 Affadavits of Wastes Paid have been certified by the Washington State Dept. endorsed by The Associated General of Revenue. Contractors of America. 4. Proof of Taxes paid has been certified by the Washington State Dept. of Revenue. 5 Proof of release of any labor, material or other claims against retainage has been submitted to the City. 6 Passage of the statuto y time for filing lien claims without any such filing or if there are any lien claims filed failure to prosecute those claims within statutory times or if timely prosecuted, final judgment. 5.2.2 The n final payment to the (`,...t.. ete ..hall be made no lmer— thaft 3e day after- the issu nee of the A ehiteet's final ! ef4it:, ate for- Pa n as f no..,., ARTICLE 6 TERMINATION OR SUSPENSION o 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2o1 -1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document ��• �� A2o1 -1997. 1 ®� ARTICLE 7 MISCELLANEOUS PROVISIONS ®1997 AIA® 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 AIA DOCUMENT A101 -1997 or another Contract Document, the reference refers to that provision as amended or OWNER- CONTRACTOR AGREEMENT supplemented by other provisions of the Contract Documents. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, O 1997 by The Amencan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2003 -029AA SKATE PARK CONTRACT -T.AIA -- 3/10/2003. AIA License Number 1008538, which expires on 9/3/2003. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany.) Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places ofbusiness, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) THIS DOCUMENT HAS IMPORTANT LEGAL 7.3 The Owners representative is: CONSEQUENCES. CONSULTATION WITH (Name, address and other information) AN ATTORNEY IS ENCOURAGED WITH Bill Rasmussen, CIP Coordinator RESPECT TO ITS COMPLETION OR Community Services Department MODIFICATION. AUTHENTICATION OF 1055 S. Grady Way THIS ELECTRONICALLY DRAFTED AIA Renton, WA 98055 DOCUMENT MAY BE MADE BY USING AIA 425 - 430 -6617. fax: 425 - 430 -6603 DOCUMENT D401. AIA Document A201 -1997, General 7.4 The Contractor's representative is: Conditions of the Contract for (Name, address and other information) Construction, is adopted in this document Tom Sahli by reference. Do not use with other T.F. Sahli Construction general conditions unless this document is 14607 22nd Ave. SW modified. Burien. WA 98166 This document has been approved and 206 - 248 -0580. fax: 206 - 241 -1161 endorsed by The Associated General Contractors of America. 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A1o1 -1997• 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o1 -1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January20, 2003 01-e- °s 681 —lei s: T, ,T Document Title Pages'' ®1997 AIA® 8.1.4 The S ecifications are those contained in the Project Manual dated as in AIA DOCUMENT AIOI -1997 P OWNER- CONTRACTOR AGREEMENT Subparagraph 8.1.3, and are as follows: (Eitherbst the Specifications here or refer to an exhibit attached to this Agreement.) The American Institute of Architects 1735 New York Avenue, N.W. Section Title Pages Washington, D.C. 20006 -5292 O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, m 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of The AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2003 -029AA SKATE PARK CONTRACT -T.AIA -- 3/10/2003. AIA License Number 1008538, which expires on 9/3/2003. 02230 Site Arinci 3 02376 Erosion Control 2 02775 Sidewalks 2 03200 Concrete Reinforcement 3 03300 Cast In Place 17 03370 Shotcrete 11 05060 Miscellaneous Metals 2 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eitherbst the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 1 Vicinity & Location Maps, July 2002 Abbreviations, Symbol Legend & Index 2 Revised Skate Park Layout July 2002 3 Skate Park Features, A &B Details July 2002 4 Skate Park Features, C Details July 2002 5 Structural Details July 2002 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum #1 January 20. 2003 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A2ot- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be h'sted here onlyifintended to be pan of the Contract Documents.) THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. Oft ER (signature) CONTRACTOR (signature) Jesse Tanner, Mayor - 0,W yt t� (punted name and Lit/e) (printed name and title) T .+ ATTEST Bonnie Walton, City Clerk O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: 2003 -029AA SKATE PARK CONTRACT -T.AIA -- 3/10/2003. AIA License Number 1008538, which expires on 9/3/2003. ®1997 AIA® AIA DOCUMENT AIOI -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 1 r JI"IfIL 1 I..rVIVJ 1 G1VpGT111 pi 1C.IJ! J1! 1CJJ 1CJi TOOI11 r • IGICJL 0'"/28/09 FRI 14.18 FAX 423 430 6603 XLNAvN c,uwauniix attvw z� -- 0 Wd #22470828 LIBERTY PARK SKATE PARKBOND O THE CITY OF RENT ON FORM SECTION OOM KNOW All MEN BY THESE PRESENTS; That we, the undersigned Thomas F. Sahli dba T.F. Sahli Construction P.O. Box ea9 Coali„rct_ WnghinQton 98062 as principal, and Western Surety Company, A corporation organized and existing under the laws of the State of Sout a ota as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municip corp4rations, as surety are for jointly �e and severally held and firmly bound td the City of Renton in the penal sum S U-5.0 8� administrators or person payment of which sum on demand we bind ourselves and our successors, heirs, representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at _ Washington, this day of 12002 Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- 0_ 3_ 0providing for construction of Libert Park Skate Park Revisions PrnftaNwe the principal is required .to furnish a bond for the faithful performance of the contract; and WHEREAS, the principal has accepted, or is about to accept, the contract, the undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall sup* said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shalt be void; but otherwise it shall be and remain in full force and effect. T.F. Sahli Construction Western Aurety Clmpan knapal Signature Ttiomas F. Sahii Owner Title Surety Signature Lynn Atto ey -I Title END OF SECTION 00910 PAGE 1 P WER OF ATTOR14EY Know All Men by ThAPPresents. (Irrevocable) BOND No. SP- 22470828 Than this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by t• approving 6fficer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following THREE �� I authorized individuals: fact witn full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: ONE BID PERFORMANCE, AND /OR PAYMENT BOND PROVIDING THE BOND PENALTY DOES NOf EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ( ***500 000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of JANUARY 31 , 2005,but until such time shall be irrevocable and in full force and effect. WESTEy W1 -P further certifies that the following is a true and exact copy of Section 7 of the By -Laws of Western Surety Company, duly adopted and now in f�gee�' %$r%i :-f`Sect4En�dlv 1 bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company byAa �resident,-,SealetaryL6s Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice lsr sldent,' Segwtjgy.gany, Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the nme; bf( Ott Company' T�fe c^-o��,tR'�°°z�ate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signaiur�`6f any such off ermn el e corporate seal may be printed by facsimile." G Tjre penal amount of the bohr = herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or 'telegram signed by the Senior Urjrerwriting Officer, Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western Su refs Company sped ically butoit7ing said increase. s� N = WITNFSS '✓BERET Vestern Surety Company has caused these presents to be executed by its President with its corporate seal affixed this 8th A 1997 aa�1' iy OF v WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA ss. BY COUNTY OF MINNEHAHA I President On this 8th Aril day of P , in the year 1997 before me, a Notary Public, personally appeared Stephen T. Pate, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation ^ B. THOMAS 0 NOTARY PUBLIC S6 SEAL L SOUTH DAKOTA SEAL Notary Public, South Dakota My Commission Expires 6 -2 -2003 I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that Section 7 of the By -Laws of the company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this * day of W *IMPORTANT: This date must be filled in before it is attached ESTERN SURETY COMPANY to the bond and it must be the same date as the bond. By J, E������ .�— �� Form 749 -4 -97 President NOTICE: This border must be BLUE. If it is not BLUE, this is not a certified copy. -►