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HomeMy WebLinkAboutCalifornia Pavement Maintenance Co; 1988-08-31; U/M 1812 CONTRACT - PCWC WJRKS $5,000 OR MORE This agreement is made this 3, 1 + day of , 198_81, by and between the City of Carlsbad, California. a munici a1 cdrpuration, (hereafter called "City"), and CALIFORNIA PAVEMENT YAINTFNANCE CO. INC. , whose principal place of business is 9393 Elder Creek Road, Sacramento, CA 95329 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. 2. 3. 4. Description of Work. Contractor shall perform all work specified in the Contract documents for the 1987-88 Streets Slurry Seal Program, Contract No. U/M - 18 (hereinafter called "project"). Provisions,, of Labor and Materials. Contractor shall provide all labor, materials, tools. equipment and personnel to perform the work specified by the Contract documents. Contract Documents. The Contract documents consist of this Contract: the Bid Documents, including the Notice to Bidders, Instructions to Bidders, Contractor's Proposals; the Plans and ' Specifications, the Special Provisionslspecifications, General Provisions and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications. and the bonds for the project; all of which are incorporated herein by this reference. The Contractor, herlhis sub-contractors. and materials suppliers shall provide and install the work as indicated, specified and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will he final and binding. Failure of the Contractor to apprise herlhis subcontractors will not relieve herlhim of the responsibility of compliance. Payment. As full compensation for Contractor's performance of work undee this Contract, City shall make payment to the Contractor per Section 9-3.2 of the current edition of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall he submitted according to the required City format to the City's assigned Inspector no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty- five (35) days following the recording of the Notice of Coiiipletioii pursuant to California Civil Code. Section 3184. 13 5. 6. 7. 8. 9. 10. Independent Investigation. Contractor has made an independent investigation of the job site, the soil conditions at the job site, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract psice includes payment for all work that may be done by Contractot, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not selied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work os from the action of the elements os from any- unforeseen difficulties which may arise or he encountered in the prosecution of the work until its acceptance by the City. Contractor shall also he responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delay-s in the completion of the work caused by acts of God, stormy weather, extra work ormattess which the specifications expressly stipulate will be borne by City. Change Orders. City may, without affecting the validity of the Contract, order changes. modifications. deletions and extra work by issuance of written change orders. Contractors shall make no change in the work without the issuance of a written change order and contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the contract price shall be reduced b} the unit price. luiiip sum price or. if the amount cannot be determined from the Contract, by a fair and reasonable amount. If the parties are unable to agree on that amount of reduction, the work shall nevertheless proceed and the amount shall he determined by litigation. The only person authorized to order changes or extra work is the Utilities & Yaintenance Director. The written change order must be executed by the City Yanager if it is for $5,000.00 or less or appsoved by the City Council and executed by the Playos if the amount of the change order exceeds $5,000.00. Immigration Reform and Control Act. Contractor shall comply with the requirements of the "Immigration Reform and Control Act of 1986" (SVSC Sections 1101-1525). Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the California Labor Code, Section 1773 and A copy of a schedule of said general prevailing wage sates is an file in the Office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to the California Labor Code, Section 1775, Contractor shall pay prevailing wages. contractor shall post copies of all applicable prevailing wages on the job site. Indemnits, Contractor shall assume the defense of, pay all expenses of defense 14 11 9 12 13 and indeiiinify and hold harmless the City, and its officers and employees, froin all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; escept for loss or damage which was caused solely by the active negligence of the City; and from any and a11 claims, loss, damage, injury aiid I.iability, howsoever the saiiie may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all c(:)sts aid espenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. Insurance. Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at all times during the pei'forinance of this agi eement a policy or policies of insurance covering its operations and insurance covering the liability stated in Paragraph 10. The policy 01' policies shall contain t.he following clauses : i A. "The City is added as an additional insured as respects operations of the named insured perforiiied under contract with the City. " E, "It is agreed that any insurance maintained by the City shall apply in excess of aid not c.ontrihute with, insurance provided by this policy." All insurance policies- required by this paragrapfi shall contain the following clauses : A. "This insurance shall not be cancelled, limited or non-renewed until after thirty daj-s written notice has heen given to B. "The i1isirrt.r wtives any rights of subrogation the City (31 any of its orficess ox employees# Cert if icates of insurance evidenr:iiig the coverages forth ahove shall be filed with the City priur to agreement. 1. the City." it has or iiiay have, against I, required hy the clauses set the effective date of this Workers ' Competisnt ion, Cc)iitractor shall coiiiply with the requirements of Section 3500 of the California Lahor Code, Coiltractor shall also assume the defense and indemnify and save liarinless the Cit). and its officers and employees froiii all claiins, loss. damage , injury and liabili ty of ever>; kind, nature and clescripticm brought by any person employed or used by Contractor to perform any WCJ~~ under this Contract regardless of responsibility for negligence. Proof of Insurance Contractor sliall suhinit to the Cits certification of the policies mentic)iiec:l in Paragraphs 10 aiid 11 or proof of workers coinpensat ion sel€-insurance prior to the start of any work pursuant to this Contract. 15 14. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims Act (California Government Code, Section 900 et seq. 1 prior to filing any lawsuit for breach of this Contract or any claim or cause of action for money or damages. 15. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contsactor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 16, Labor Code Provisions. The proL7isions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 17. Security, Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this Contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for moneys withheld to ensure performance under this Contract. 18. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 19. Arbitration. Any controversy or claim in an amount up to $50,000 arising out of or relating to this contract or the breach thereof, may at the option of the City, he settled by arbitration according to the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitration may he entered in any California Court having jurisdiction thereof. The award of the arbitrator shall be supported by law and substantial evidence as provided by CCR Section 1296. 16 20 I Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or '' tached hereto and made a part hereof. (CORPORATE SEAL) Contractor Tit By City Attorney ATTEST : STATE OF CALIFORNIA COUNTY OF.sacramento .......... On this. .26.t.b. .......... day of.. . August.. .................... , in the year ss- ..................... .1.98$,. ....................................... ,before me, ........ Elizabeth .Aimso.. ........ ,a Notary Public, state ofCalifornia, duly licensed and sworn, personally appeared .................................. ............. Gordon. L ... Rayne J..........................................., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as.. President.. ...... or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. - IN WITh'ESS WH I my oficial seal in the.. / mi hml is or+ a pcmal form rm my tm pqer tor use in simp* ........ Sacramen this certificate. bansaclm ad m no way Ms or %s menw Io am as a SubnnUte tot N .dncc d an anormy The pima lep.l valddny ol my promon o( lhe sunabMy d these lorrnr m any apwle liansacimn nm make my wan~nty enher ewes or #rnpma as Io !he Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) July 19, 1989 My commission expires STATE OF C.4LIFORSI.A COUNTYOF ... !!!'?%E!!? o........ ss. On this.. ................. 26th day of.. August , in the year 1988 ,before me, ................................ ..................................................................... .P.AR.TICIA. CHERRY.. ................. , a Notary Public, State of California, duly licensed and sworn, personally appeared .................................. ...ELIZi4BXTH.AIROSa ...................... ................................ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as. .SECRETARY.. ....... or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and afExed my oflicial seal in tw.. .. ................. , County of.. .................. WJRKERS' tzMmNs4TIgn lmPcW3Ium "I am aware of the provisions of Section 3700 of the California Lahor Code which requires every emplnyr to bo insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before conunencing the performance of the work of this Contract. " "I am aware of the requirements of the "Immigration Reform and Control Act of 1986" (8USC Sections 1101-1525) and have complied with these requirements, including but not limited to verifying the eligibility f ent of all agents, employees, sub-contractors and consultants that are . . ._ CAUFORN 111 PAVEMENT YAINTEWANCE COMPANY, INC. c0rnCmE"S CEKxIFI I hereby certify that in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amenrim (Legal Name of Contractor) Date Title , STATE OF CALIFORSIA COUNTY OF ... S* c.&%EI??!!........ On this.. .... ?6th,, ..... day of.. . .&Eus.f.. .................... , in the year ss* 1988 ..................................................................... ,before me, .P.AR.TICIA. CHERRY.. ................. , a Notary Public, state of California, duly licensed and sworn, personally appeared .................................. .. .ELIZi4B8TH. AIROSO.. ................................................... , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as. SECRETARY.. ....... or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-law or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my oficial seal in ........., ................... . SACIWENTO.. in this certificate. My commission expires _.-__. -. .. - _. . BOND NO: B 46 71 46 Premium: Included in Performance Bond 18 ' KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, hv , 198 8 has awarded Resolution No. 88-259 to California Pavement Maintenance ComDanv, Inc. . hereinafter designated as the "Principal", a Contract for the 1987-88 Streets Slurry Seal Program, Contract adopted Auqust 2 - No. LTlM - 18, in the City of Carlsbad, in strict conformity with the drawings and specifications. and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of hislher or its sub-contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter seq forth. NOW, THEREFORE, WE, California Pavement tlaintenance Company, Inc. I as Principal, hereinafter designated as the "Contractor", and RELIANCE INSURANCE COMPANY as Surety, are held firmly b- of Carlsbad in the sum of One hundred eiqht thousand,nine hundred sixtv one and sixty two cents Dollars ($1 08,961.62 1. said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves. our heirs, executors and administrators, SUCC~SSO~S. or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her sub- contractors fail to pay for any materials, provisions, provender or other supplies, or teams used in. upon, for or about the performance of the work contracted to be done, or for any other work OF labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond. a reasonable attorney's fee. to be fixed by the court, as required by the provisions of Section 3248 of the California Civil Code. This bond shall insure to benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the California Civil Code (commencing with Section 3082). . .. . , 19 In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 10th day of AuPust , 198 8 - CALIFORNIA PAVEMENT MAINTENANCE CO.. INC. (CORPORATE SEAL) RELIANCE INSURANCE COMPANY H. Weber, Attorney-in-Fact- Surety Y STATE OF C.4LIFORSI.4 COUNTYOF ... ?!%.%EN.?* ........ ss. On this,. ... .?6th.. ..... day of.. . .&.%sf.. .................... , in the year ..................................................................... ,before me, .PAR.TIGIA. CHERRY.. ................. , a Notary Public, State of California, duly licensed and sworn, personally appeared .................................. .. .ELIZL4BsTH. AIROSO. ..................................................... , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as. .SECRETARY.. ....... or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. IN WJTNESS WHEREOF I have hereunto set my hand and a.fXxed my oficial seal in tw.. ... ................. ,County of.. .................. 1988 } ss. STATE OF CALIFORNIA COVNTY OF Sacramento On this 10th day of August 1988 in the gear - before me Notary of Public, personally appeared Joseph H. Weber personally known to me for proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact on behalf of the corporation therein named and acknowledged ta e that the corporation executed it. E MY commission Expires lune 12, 1991 G ~.lllllllllll"llllli,~~~~~,~,ll~~~~~,l~lll!ll~lll"llllllllllllllllllllltlllll~~~~~~~~~~ 1 Notary PublX in ca'"p for said County My Commission expires JOSEPH H. WEBER Of SACRAMEMY>, CALIFORNIA--- in tru and Irdd Anamv-irtfm, to mJI0, o~~lto. rJ ad bliwr for rd on itr b.hlf.md a its ut ad drd ANY AND ALL 'BONDS AKD UNDERTAKINGS OF SURETYSHIP------' STATE OF Washington COUNfVOF King 1 =- On this 9th dwof August ,183 .pronrlt~o~vd Charles B. Schmalz to mo known to br tho VictPWnr of th. RELlAlYCE INSURANQ COUPANY. md aknawkdgrd that hr rd mnt.d the fOrroDin0 im!rummt and dfhd thr ~DI of rid caporation thwlrto. mnd that Artidr VII. srrii 1.1. ud 3 of tho 9y-m of rid Cornpony ettw Rnolu- tion. m fh -in. uo rtlll in full fora. Eqrtr: wCommc3uor, .. July 20.1s 86 Milton CClid*In Y I. BOND NO: B 46 71 46 Premium: $981 .OO 20 hYOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad,, State of California. by Resolution No. 83-259 . adopted Auaust 7. , 198_8, has awarded to California Pavement Haintenance Co.. I nc. . (hereinafter designated as the "Principal"). a Contract for the 1987-88 Streets Slurry Seal Program, Contract No. U/M - 18, in the City of Carlsbad. in strict conformity with the contract. the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract. NOW, THEREFORE, WE. California Pavement Maintenance Co.. Incr , as Principal, hereinafter designated as the "Contractor", and . RELIANCE INSURANCE COMPANY , as Surety,'are held and firmly bound untolwo llundred Seventeen # ousand, nine hundred twenty three dollars 3 twenty four cents said sum being equal to one hundred percent (100%) of the estimated amount of the Contract. to be paid to the said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves,. our heirs, executors and administrators, successors or assigns. jointly and severally, firmly by these presents. Dollars (917.923.24 THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Contractor. his/her or its heirs. executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided on hislher 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 Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified therefore , there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. And 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 the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change. extension of time, alterations or addition to the terms of the Contract, or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual. , 21 it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and , 1988 Surety above named on the - 10thday of August . - CALIFORNIA PAVEMENT MAINTENANCE CO., INC. (CORPORATE SEAL) RELIANCE INSURANCE COMPANY JosepdH. Weber, Attorney-in-Fact -- Surety (NOTARIAL ACKNOWLEDGEHENT OF EXECUTION MUST BE ATTACHED) .- STATE OF C.SLIFORSI.4 COUNTY OF ... SA C.%!EN??........ ss. 26th August On this., ................. day of.. ................................ , in the year ..................................................................... , before me, .~.AR.TICIA. CHERRY.. ................. , a Notary Public, State ofCalifornia, duly licensed and sworn, personally appeared .................................. .. .ELIZABETH. AIROSO.. .................................................... , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as. .SECRETARY.. ....... or on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-law or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and aixed my ofkid seal in tn ................. , County of.. .................. 1988 ).. STATE OF CALIFORNIA COUNTY OF Sacramento On this 10th day of August , in the year m, before me Notary of Public, personally appeared Joseph H. Weber , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact on behalf of the corporation to me that- the corporation executed it. Notary Public *-and for said County My Commission expires JOSEPH H. WEBER Of SA-, CALIFORNIA--- ANY ARD ALL BOKDS AND UNDERTAKIBGS OF SURETYSHIP------' md to bid tho RELIANCE INSURANCE COMPANY th.r* u hrWy nd to tk mnu 0rt.nt a if mch bod md &kings and 0th wit- abliptory in th ntwa throat m d& by M E..cutM Ufb of thr RELIANCE INSURANCE COMPANY ad mkd and ottmd bv QI mhor of mch offi-1, and koby rotifir nd confirm 011 tbt its mid AttornylrWm my 60 in punrpna hmof. This Pow of Anorny ir pnnd under end bv uthahy of An- VI1 of tho By- of RELIANCE INSURANCE COMPANY which ham .1foctirrl S.ptemkr 7,1978, hid, ponriom HI now in full fora and aff~t, ding rn WW: ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKINGS 1. Rr md of Dirwrorr. tho Resbnt. thm Orirmo of thr M. my Vi Rdnt, my Via Pnridrnt or Assistont Via Raibnt a 0th offk -pot& by tho hard of Dirutors rhll hnn pomr ond outhaity to b) AttorWys-h-FM ond to ruthorirr thorn to OUMO QI bhtf of the mny, bod md und.rukingl. r.ognimM. mntnrrr of in&nmiW Md 0th wirings abligatw in thD Mturr thonof. od fb) to mmon my rud\ Attomy-in-F.cr 8l my tim nd rnotr tho powr ond authority aim to him. 2. Attormpin-Fm drll hwm porn and -fly, rubi.ct to th mm ord limimiom of th oorm of Mtorny id to thorn, to axacute md Mivat on khtf of tho amp-. bods od und.rmkiq. mwgnitlnor, 00m-s of inbmnity ond othor mitinp obli~oy in tho mture thereof. Thr mote sod h not mry for tho uliditv of my bondr ond urdoNkinpl, rcogliuna. mntm of infhnmity nd other writings oblqatory in th. notum throof. .. 3. Attornyrjn-Focf drll how porn d authority to axuuta offdntc r-ird to k nt.ck.d to bo&. neognizsnoc. mntroctc of ihm dty or 0th~ coditioml 01 obt.wtory ud.nrkim ond thov shall also hm mr ondWr)roriry to mify tho filrnd.1 ntotmnt of th. bmpony ond to eopia of th 8v.h of thr Comny Q any utida or mion thanof. Thm porwr of lttonwy is signed and lrkd bv Mmih undu ond by authority of ttm tdfoWing &solution rdoprd bv th~ Boord of Dimtort of RELIANCE INSURANCE COMPANY ot a mrting hold on thr 6th d.v of Jun, 1Om.a rrhich quorum rur pss0fN. ond mid Raolutior, hr not boon ormndd or npwhd: "RaM, ttmt tho #@mum of such dirmm and offierr nd th d of th. mny my bo dfixd to my ud, wr of ~MNV Q any artifiata doting thoreto k hclimik. ondm ueh porn of mttorney or anifiia baring such fomimila mum or herimik rrl stdl bo did and binding upon the Capny md mv aKh o~rm D am md artifid by Mmik mtwr ond tlclimik rrl sbll br vdid ond bhSq upon th. -y in tho futuro with nrpcr to ony bond or vdruking to rrrhick it k ott&W.'' IN WITNESS WHEREOF, ~ho RELIANCE INSURANCE COMPANY h~ d thrr pent1 to k spmd by its Vi hid.nt. md itsa~mrota rpll to bo hrmo affiud, thin 9th 6y of August 183 - RELIANCCJNSURANCEPANY STAfE OF Washington OoCINTvOF King 1 =- On mu 9th SV of August ,183 .prmmw~rr Charles B. Schmalz to m knarm to b tho Vico-PWnt of th~ RELIANCE INSURANCE -ANY. rd aknowkdpd that ha amattod ond .tmtd thr f#.aino kwtrunwnt and dfhd tho no1 of rid corpor~ior, t. rd tha Artido VII. sction 1.2. d 3 of th. By-Law8 of mid complny addm Rdu- tion, mt fonh mi. ua rill in full tora. Ed=: w- .. July 20.10 86 Milton