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Boswell Painting Inc; 2013-11-05; PWM14-19PEM
PWM14-19PEM CITY OF CARLSBAD MINOR PUBUC WORKS CONTRACT PAINTING AND POWERWASHING OF FARMERS AND INCUBATOR BUILDINGS ($45,000 or Less) This agreement is made on the _ _ day of t4o\JCr/\ici^^ . 2013, by the City of Carisbad, Califomia, a municipal corporation, (hereinafter called "City"), and Boswell Painting, Inc., a Califomia corporation, whose principal place oif business is 300 Carisbad Village Dr. 108A-#205, Cartsbad, CA 92008 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall periderm all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project") and in the attached Exhibit "B". PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede tenns and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carisbad Ordinances goveming labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to Inspection approval and acceptance by: Joe Gamba (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Cartsbad is a Charter City. Cartsbad Municipal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concem. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that Califomia Govemment Code sections 12650 et seq., the False Claims Act, provides for dvil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the taith or falsity of the information. The provisions of Cartsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. FARMERS AND INCUBATOR BUILDINGS Page 1 of 8 City Attomey Approved 2/7/13 PAINTING AND POWERWASHING PWM14-19PEM Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented firom fijrther bidding on public contracts for a period of up to five years and that debannent by another jurisdiction is grounds for the City of Cartsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: K\ /V^S^c^ V REQUIRED INSURANCE. The successful contractor shall provide to the City of Cartsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Wort^ers' Compensation Insurance indicating coverage in a fbmi approved by the Califomia Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be ftjrnished to the City prior to the start of woric. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Besfs Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of Califomia by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the perfonnance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days vimtten notice shall be given to the City prior to such cancellation. The policies shall name the City of Carisbad as an additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold hannless the City, and its officers and employees, fi-om all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising firom or in connection with the performance of the Contract or wortc; or fi-om any failure or alleged failure of Contractor to comply with any applicable law, ailes or regulations including those related to safety and health; and firom any and all claims, loss, damages, injury and liability, hov\«oever the same may be caused, resulting directly or indirecily fi'om the nature of the wortc covered by the Contract, except for loss or damage caused by the sole or active negligence or willftjl misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, art)itration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, Califomia. Start Woric: Contractor agrees to start within 45 wortcing days after receipt of Notice to Proceed. Completion: Contractor agrees to complete wortc within 30 wortcing days after receipt of Notice to Proceed. FARMERS AND INCUBATOR BUILDINGS Page 2 of 8 City Atton^ey Approved 2/7/13 PAINTING AND POWERWASHING PWM14-19PEM CONTRACTOR'S INFORMATION. Boswell Painting, Inc. (name of Contractor) Lie. #878250 (Contractor's license number) C-33, November 30, 2014 (license dass. and exp. date) 300 Cartsbad Village Dr. 108A-#205 (street address) Carlsbad, CA 92008 (city/state/zip) 760-519-1291 (telephone no.) none (fax no.) boswellpainting@yahoo.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the insti-uments referenced in it on behalf of Contractor each represent and wan-ant that they have the legal power, right and actual authority to bind Contractor to ttie terms and conditions of this Agreement. CONTRACTOR BOSWELL PAINTING, INC., a Califomia corporation By: CITY OF CARLSBAD, a munidpal corporation of the State of Califomia (sign here) Ken Boswell, President (print name/titie) Assis^t City ^/^anager, Deputy City Manage or Dopartmont Director £ O /^r as authorizod by tho City Manager ATTEST: BMP ^ t ,1E>. •. C - (sign here) Ken Boswell, Secretary BARBARA ENGLESON City Cleric (print nameAitie) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer fi-om each ofthe following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, tiie corporation must attach a resolution certified by tfie secretary or assistant secretary under corporate seal empowering tiie officer(s) signing to bind tiie corporation. APPROVED AS TO FORM: CELIA A. pREWER, City Attonjey BY: A. iKtwtK, City Attomey Assistant City Attomey u FARMERS AND INCUBATOR BUILDINGS Page 3 of 8 PAINTING AND POWERWASHING City Attomey Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of County } On personally appeared before me. Here Insert Name and Title of fhe Officer y Name(s) of Signer(s) OFMCIAL SEAL ROBERT D VASS COMM. NO. 1892327 SAN DIEGO COUNTY MY COMM. EXP. JUNE n . 201/1 CD who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai»-subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/henftheir authorized capacity(ies), and tiiat by his/hei#ieir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed tiie instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Place Notary Seal Above Signature OPTIONAL - Signature of Notary PMc Though the intormation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: /^o^/^^^^- OUf>*^ ^A/ryt^f^ A».^rfA/^Mf> . . ^^xc-'?oLy<r yt^jp ^^c^ ^^rgy* ^t^c^l^-"^^ Document Date: /oA<^A / Number of Pages: Signer(s) Other Than Named Above: rr 1 Capacity(ies) Claimed by Signer(s) Signer's Name: O ^^^^^t^^ • Individual X/ B^Corporate Officer — Title(s): ^^^w^ ^ IT • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Staner Is Repmsenting: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Cliatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMEIIT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 878250 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Reissue Date Expire Date License Status Classifications Bonding Workers' Compensation 878260 Extract Date 10/23/2013 BOSWELL PAINTING INC Business Phone Number: (760) 519-1291 300 CARLSBAD VILLAGE DRIVE SUITE 10SA #205 CARLSBAD, CA 92006 Corporation 05/23/2006 11/02/2010 11/30/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C33 PAINTING AND DECORATING CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100141584 Bond Amount: $12,500 Effective Date: 11/02/2010 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BOSWELL KENNETH LYNN certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/02/2010 WORKERS' COMPENSATION https://www2.cslb.ca.g0v/0nlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=8,.. 10/23/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with TWIN CITY FIRE INSURANCE COMPANY Policy Number: 72WECDU8178 Effective Date: 10/27/2012 Expire Date: 10/27/2013 Workers' Compensation Historv Miscellaneous Information DATE 11/02/2010 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Personnel List Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=8... 10/23/2013 PWM14-19PEM EXHIBITA LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom tiie Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontrad. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Projed to be perfonned under the contrad in excess of one-half of one percent of the bid, the contrador shall be deemed to have agreed to perfonn such portion, and that the Conti-ador shall not be permitted to sublet or subcontrad that portion of tiie work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the fads constituting the emergency or necessity in accordance with the provisions of the Subletting and Subconfi-ading Fair Practices Ad (Sedion 4100 et seq. ofthe Califomia Public Confi-ad Ccxle). If no subcontradors are to be employed on the projed, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontraded: FARMERS AND INCUBATOR BUILDINGS Page 4 of 8 PAINTING AND POWERWASHING City Attomey Approved 2/7/13 PWM14-19PEM EXHIBIT B SCOPE OF WORK Boswell Painting, Inc. will pressure wash, prepare, and paint the buildings located at 5815 El Camino Real and 2351 Faraday Avenue detailed as follows: 1. Pressure wash: Low-pressure power washing all stucco, railings, doors, trash endosures, and pony walls to remove dirt and chalky paint and promote adhesion. 2. Scraping: Scrape and remove peeling and bubbling stucco. Scrape, grind, sand, and wire brush peeling and flaking paint and rust on the doors, railings, roll up doors, and trash enclosure doors and gates. 3. Patching: Patch larger cracks, holes, scrapes, and other damage to the stucco using Rapid Set's Wonderflux textured patching compound. 4. Caulking: Caulk smaller cracks in the stucco using Dap's Dyna-Flex 230. 5. Metai Primer: Spot prime bare metal where rust and failing paint removed using 1 coat of Rustoleum's DTM 9100 exterior metal primer. 6. Stucco Primer: Prime the stucco using 1 coat of Frazee's Prime Plus 100% acrylic stain blocking primer and bond coat. 7. Lifts: Contrador will rent lifts and booms as needed to safely reach higher areas of the buildings. 8. IVIasking: Cover landscaping, concrete, walls and windows as needed to proted fi-om spills and splatters using tape, paper, plastic and drop cloths. 9. Clean Up: Work will be completed in a dean and professional manner. Garbage is removed and clean-up is prefomned daily and at completion of the job. Touch-up paint will be left in labeled cans for The City's future convenience. 10. Paint: a) Paint the stucco using 2 coats of Frazee's Duratec 100% acrylic flat exterior paint. Paint color to be chosen by the City of Carisbad in consultation with Boswell Painting. Paint choices must also be approved by tiie local business paric HOA. b) Paint tiie roll up doors, ti-ash enclosure doors, railings, gates, and doors using 2 coats of Frazee's Aro-Thane urethane modified semi-gloss enamel. FARMERS AND INCUBATOR BUILDINGS Page 5 of 8 City Attomey Approved 2/7/13 PAINTING AND POWERWASHING PWM14-19PEM ITEM NO. UNIT QTY DESCRIPTION PRICE 1. 5815 El Camino Real Materials & Equipment Cost: Labor Cost: $16,530.00 $13,500.00 Subtotal 5815 El Camino Real $30,030.00 2. 2351 Faraday Avenue Materials & Equipment Cost: Labor Cost: $1,800.00 $3,700.00 Subtotal 2351 Faraday Avenue $5,500.00 Bond Cost For Both Buildings: $2,000.00 GRAND TOTAL* $37,530.00 ^Includes taxes, fees, expenses and all other costs. FARMERS AND INCUBATOR BUILDINGS Page 6 of 8 PAINTING AND POWERWASHING City Attomey Approved 2/7/13 Bond Number: BD 733470 PWIV114-19PEM EXHIBIT C LABOR AND MATERIALS BOND WHEREAS the Crty Council of the City of Carisbad. State of Caltfomia. has awarded to Boswell Painting. Inc. (hereinafter designated as the "Principal"), a Contrad for: PAINTING AND POWERWASHING OF FARMERS AND INCUBATOR BUILDINGS CONTRACT NO. PWM14-19PEM incorporated herein by this reference. vAvuPRFAq Prinrioal has executed or Is about to execute said Contrad and the terms thereof require the pay the same to the extent hereinafter set forth. NOW THEREFORE, WE, BOSWELL PAINTING, INC., as Principal, (hereinafter designated as the "nnnt'rarfnr"^ and fOai-innwiriP Mutual Insurance Company . . ^ Contrador). and ^ as Surety are held firmly bound unto the City of Carlsbad in the sum of Thirty Seven Thousand Five Hundred Thirty Dollars ($37,530). said sum being an amourt laual to onrhundJ^d F^rc^ (100%) of the total amount payable under the terms of the Contrad by the S^^i if Carl^^^^^^ well and tru^ to be made we bind ourselves^our heirs, executors and admNsti^tors. successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractor fail to ^ay fo^anrmaterials. provisions, provender, supplies, or teams ^^^"^^X^'^'^^^^^^^ pay lui ° y 'ri; ^.vnntrartPfi to be dooe or for any other work or labor thereon OT any Kina. SSrt wS^ 'SlZ^ CMf Sie s?ctifn 9100, or for amourts due under the Unemploymerrt Zrance CcJje™^pecUo the work or labor performed under this Contract or for amourts consistent with Califomia Civil Code section 9554. This bond shall inure to the benefft of any ofthe persons named in California Civil Code section 9100, so as to give frigW of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no charge, extension of time, alteration or addition to the jejrre of the C^rtradTr to the work to be performed hereunder or ttie specifications accompanying the same shall Se* iS' oW gattonron this bond, and it does hereby waive notice of any change, extension of time, Sons 0 aZion to the terms of the contract or to the work or to the specif icatons FARMERS AND INCUBATOR BUILDINGS Page 7 of 8 Crty Attorney Approved 2/7/13 PAINTING AND POWERWASHING PWM14-19PEIVI In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this of > 20- day CONTRACTOR: Boswell Painting, Inc. name of Contractor) (sign here) (print name here) By: (title and organization of signatory) (sign here) (print name here) Executed by SURETY this. of October 25th day ^ 20 13 . SURETY: Nationwide Mutual Insurance Company (name of Surety) PO Box 1820, La Mesa, CA 91944 (address of Surety) 800-822-3666 ber of Surety) (signature of Attorney-in-Fact) Jonathan Cowart, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney FARMERS AND INCUBATOR BUILDINGS PAINTING AND POWERWASHING Page 8 of 8 City Attorney Approved 2/7/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^V^"^' On jSaM^ditJ^^ before me, t^kHfvgvu^ Date ~ Hera Insert NameVind Title of the Officer } personally appeared Name(s) of Signer(s) OFFICIAL SEAL DAREN VASS INOTARY py BUG-CALIFORNIA § COMM. NO. 1910364 S SAN DIEGO COUNTY^, ^ MY COMM. EXP. NOV. 21,2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^s/are subscribed to the within instrument and acknowledged to me that l^/sJieAhey executed the same in Ijrts/l^erAheir authorized capacity(ies), and that by l^s/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law. it may prove valuable to pekprfs relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: ^ip nrt^4rt<g: g^P Document Date: Qt^fe^A— Slgner(s) Other Than Named Above: . Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCC Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors insurance Company, an Iowa corporation hereinafter referred to severally as the "Company " and collectively as the "Companies," each does hereby make, constitute and appoint: Jonathan Cowart each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of One Hundred Thousand and 00/100 $100,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, conlracts of indemnity, policies, conlracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attomey issued to them, and to affix the seal ofthe Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors ofthe Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents instruments contracts, or other papers in connection with the operation of the business of the company in addition to the chainnan of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11"' day of AuQust. 2009. Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 11'" dav of August, 2009. before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. Notary Public *^ My Commission Expires CERTIFICATE March 24,2014 I Robert W Horner III Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy ofthe original power of attorney issued by the Company that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attomey the duly elected officer of he Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this __25th— day of October • 20 Ll / Secretary This Power of Attorney Expires 08/11/2014 BDJ 1 (08/09)