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HomeMy WebLinkAboutDittman Masonry Inc; 1986-03-27; 3006City Clerk ep .. a Recording Requested By an 1200 Elm Avenue Carlsbad, CA 92008 eturn To: 614 NOTICE OF' COMPLETION To All Laborers and Material Men and to Every Other Per: I rit erest ed: YCIU WILL PLEASE TAKE NOTICE that on January 13, 1987, t project consisting of glass block ceilings at the Carlsbad Safc and Service Center, on which Dittman Masonry was the Contract( was completed. CITY OF CARLSBAD PROJECT COORDINATOR VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the Ci Council of said City on * 27 , 1987, accepted t above described work as p'ompletedland ordered that a Notice Completion be filed. I declare under penalty of perjury that the foregoing true and correct. Executed on A 2r, 1987 at Carlsbad, California. 1 CITY OF CARLSBAD is,;! f:? -5 $4 e- vEf?!a L. /-Yl-E I LcDUNi I Y PKCQ&gi'R ----c v---..., 0 0 CITY OF CARLSBAD SAN DIEGQ COUNTY CALIFORNIA BIDDING DOCUMENTS FOR PUBLIC SAFETY AND SERVICE CENTER CONTRACT NO. 3006 BID PACKAGE NO. 7 FOR: Cabinets; Ceramic and Quarry Tile; Painting, Waterproofing and Vinyl Wallcovering; Floor Covering; Access Flooring; Marlite; Glass Block; Folding Partitions; Toilet Partitions and Accessories; Flagpoles; Metal Lockers; Caulking; Security Gates/Operators , Chain Link Fencing and Mesh Partitions; Window Covering s For information relative to this project contact: KOLL CONSTRUCTION COMPANY 2237 Faraday Avenue, Suite 101-C Carlsbad, CA 92008 (619) 438-5866 Steve Mahoney, Project Manager 7 0 -9 0 ..'-----a 4 Page 1 CONTRACT , 1?36 THIS AGREEMENT, made and entered into this 27th day of March - ( hereinafter called "City"), and Dittman Masonry, Inc. by and between the City of Carlsbad, California, a municipal corporation ( hereinafter called ''Contractor" .r City and Contractor agree as follows: - 1. Description of Work. Contractor shall perform all work specified in the contract documents for: GLASS BLOCK (hereinafter called "project" ) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified the contract documents. 3. Contract Documents. The contract documents consist of this contract; th bid documents, including the notice to bidders, instructions to bidders contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or plans and specifications; and the bonds for the project; all of which ar incorporated herein by this reference. 4. Payment. As full canpensation for Contractors performance of work under this contract, City shall make payment to Contractor per the terms outlj in the Notice Inviting Bids, Item 13. Contract amount Twe t seven hundred fifty eight dollars *? Payment of undisputed contract amounts shall be contingent upon Contract furnishing City with a release of all claims against City amd Constructj Manager arising by virtue of this contract as it relates to those mount Extra compensation equal to 50 percent of the net savings may be paid tc Contractor for cost reduction changes in the plans or specifications mat pursuant to a proposal by Contractor. The net savings shall be determir by City. No payment shall be made unless the change is approved by the city. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, am all other conditions that might affect the progress of the work, ad is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcane unanticipated underground conditions. Any information that may have been furnished ti Contractor by City about underground conditions or other job conditions for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. L 0 0 I Page 1 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expense incurred in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the cmpleti of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change in the work with the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City ha: issued a written change order designating in advance the mount of additional canpensation to be paid for the work. If a change order dele1 any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the mount of reduction tl work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes t extra work is the City Engineer. However, no change or extra work order excess of $5,000.00 shall be effective unless approved by the City Council. 8. Prevailinq Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per dia wages for each craft or type of worker needed to execute the contract arn schedule containing such information is in the City Clerk's office and i incorporated by reference herein. Pursuant to Labor Code Section 1774 contractor shall pay prevailing wages. applicable prevailing wages on the job site. Contractor shall post copies of 9. Indemnity. Contractor shall indemnify, hold harmless and defend the Construction Manager and the City and its officers and employees, and e2 of them, from any and all liability or loss resulting from any suit, cla or other action brought against the City, or for any other losses of whatever nature, directly or indirectly arising fran the acts of Contrac or its officers, employees or agents done in the construction of this project or in the performance of this contract regardless of responsibil for negligence. The expenses of defense include all costs and expenses including attorneys fees, of litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require contractor 1 indemnify City for losses caused by the active negligence of City. Contractor shall provide Certificates of Insurance evidencing coverage amounts not less than the following: 10. , e 0 3 Pabe I( Combined Single Limit: -le Liability 5 500,000 General Liability 500,000 Pr od uc t s / Com p le t ed 0 pe rat io ns 500,000 Ela nke t Contract ur a1 500,000 Contractor's Protective 500,000 Personal Injury 500,000 Excess Liability 500,000 Other L Contractor may be required to increase the limits of liability insurance the size and nature of the project require excess coverage. Contractor shall cause the City and Construction Manager to be naned as a additional insured on all policies concerning the subject matter or performance of this contract . Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and Construction Manager and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description brought by an] person employed or used by Contractor to perform any work under this contact regardless of responsibility for negligence. Proof of Insurqnce. Contractor shall submit to the City through the Construction Manager, certification of the policies mentioned in Paragral 10 and 11 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. Certificates of insurance shall provide that the insurance will not be cancelled until the expirat of at least thirty (30) days after written notice of such cancellation h been given to the City. Arbitration. out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in California court having jurisdiction thereof. arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of 14. Maintenance of Records. Contractor shall maintain and make available tx the City, upon request, records in accordance with Sections 1776 and 18' of Part 7, Chapter I, Article 2 of the California Labor Code. Contractor does not maintain the records at Contractor's principal plac business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. shall notify the City by certified mail of any change of address of SUC records. 11. Workers Compensation. Contractor shall comply with the requirements of 12. 13. Any controversy or claim in any amount up to $100,000 aris The award of the Civil Procedure, Section 1296. If the Contractor e a Page 1' 15. Labor Code Provisions: The provisions of Part 7, Chapter 1 canmencing wi section 1720 of the California Labor Code are incorporated herein by reference. Securit . 'dpropriate securities may be substituted for any monies withheld b City to secure performance of this contract or any obligation estdslished by this contract. 17. Additional Provisions. Any addition& provisions of this agreement are s forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. 16. Pursuant to the requirements of law (Goverment Code Section - DITTMANN MASONRY, J". Con t r actor (SEAL: (Notarial acknowledgement of must be attached.) -- BY a,+ ;&& G,L , H* execution by ALL PRINCIPALS Elizabeth Dittmann Secretary Title BY - d Title 9134 DOWDY Drive SAN DIEGO, CA 92126 4 - % Contractor's Principal Place of &1si5 -- b i Contractorfs Certification of Awareness of Workers Compensation Responsibilit "I am aware of the provisions of Section 3700 of the Labor Code which reqdrc every employer to be insured against liability for workers canpensation or tc undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before canmencing the performance of the w1 of this contract.'' State of CALIFORIUL- - _- ___ On this the 27th- day of March __.._____ 1986- County of -SAU-D-II_E_GCL_-__ - - _-__ _- Rayma L.Johnson the undersigned Notary Public, personally appeared Elizabeth Dittmann E personally known to me 3 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as or on behalf of the corpor named, and acknowledged to me that the corporation execu Secretary CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd ND NO. 504813 e ?! EMIUM: $273.00 Page 18 LABOR AND MATERIAL 80ND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ---- 8440 adopted - March 18, 1986 as thm', a contract for: , has awarded QiLm c , hereinafter designatc GLASS BLOCK 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. 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, providj that if said Principal or any of hisfher or its subcontractors shall fail to I 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 w( or labor done thereon of any kind, the Surety on this bond will pay the same I the extent hereinafter set forth. NOW, THEREFORE, WE, as Principal, hereinafter designated as the "Contractor", and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Eleven thousand three hundred seventy nine OO/lOO Dollars ( $11,379.00 said sum being equal to 50 percent (50%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for Hhich 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. THE CONDITION OF THIS OBLIGATION IS SUCH that if person or his/her subcontractors 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 or labor thereon of any kind, 01 for amounts due under the Unemployment Insurance Code with respect to such wc or labor, that the Surety or Sureties will pay for the same, in an amount no1 exceeding the sum specified in the bod, did also, in case suit is brought u/ the bond, a reasonable attorney's fee, to be fixed by the court, as required the provisions of Section 4202 of the Government Code of the State of California. DITTMANN MASONRY, INC. ---- - OHIO FARMERS INSURANCE COMPANY --- I ACKNOWLEDGMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss , befort , a notary public, personally appf , personally known to me (or proved t on the basisof satisfactory evidence) to bethe attorney-in-fact of Ohlo Farmers Insurance Company of Wes Center, Ohio, who acknowledged that the seal affixed to the attached instrument is the Corporate Seal o Corporation, that said instrument was signed and sealed on behalf of said Corporatlon by authority ( Board of Directors, and that he executed said instrument as such attorney-in-fact a as the free act and I 86 19 MARCH day of On this 27TH RAYMA L. JOHNSON DAN G. OWENS of said Corporation. km,d /&!!&u No t&-P u b I i c 1 4’ MY Comm Expimi npnl 4, 1986 BO 5772 (2-84) On this the 3hday of _I___ MARCH 19-, 86 State of - - SAkI-EI_F_ORNIA ______ Countyof ~___ RAYMA L. JOHNSON SAN DIEGO the undersigned Notary Public, personally appeared ELIZABETH DITTMANN iG personally known to me C proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as SECRETARY or on behalf of the corporat named, and acknowledged to me that the corporation execute NATIONAL NOTARY ASSOCIATION 23012 Venlura Blvd C CORPORATE ACKNOWLEDG’AENT FORM 7120 052 0 0 Page 19 This bond shall insure to the benefit of any and all persons, capanies ad corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to 'them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event that any Contractor above named executed this bond as an individual, 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 ai , 19 86 . - Surety above named on the 27~~ day of MARCH DITTMANN MASONRY, INC. ----&2Lq && Q/?%&* BY: cw (Notarize or Corporate ELIZABETH DITTMANN Seal for Each Signer) Contractor OHIO FARMERS INSURANCE COMPANY -d -I I DAN G. OWENS, ATTORNEY-IN-FACT I Surety 8 I . wb -I EV W 81 -06 Dm c Y?.... Y.V VJesllleld Cenler, Ohio -@'- oi NI~OI rj,ey CER'I IFlED COPY Knon A!! Afrn by These Ptexenls. That OHIO FARUERS Irr'SURkNCE CO~dPXNY. a corporalionduly organized and existinp uni the Stale ol Ohio. and having its principal otlice In Westfield Cenler. Medrna Counly. Ohio. does by lhese presenls make. conslitu! ............................................. ......I) Mi. I;.. .OWEBS.. ................................................... ....................................................................... ............................................... ....................................................................................................................... 01 .. Sfit!. D?EGO. ............... andS1ateof . .CALIFDfUjIA. ............... its trueandlawlul~ttorney(s)-in-Facl.rc.ith authorit hereb conlerred in 11s name. place and steaU.loexecule.ac*nowleogeand beliver . .ANY. .MJD .ALL .BONDS,. .RECO ..-- Ul{DE Fj?LKl.NGS., . OR. .O.THER . I NST RUB KT S .OR. .CONTRACTS. OF.. S.URE1.Y Yj IP. 30 . INCLUDE. .MA1 VE- .... C.oND.l.TI.ONS. .OF:. . CONTRACTS. AND. CONSENTS. .OFSSURE.TY.. ............................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... and to hind the Company thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the co the Company and duly attested by its Secretary. hereby ratifying and confirming all that the said Altorney(s)-in-Fact may do in the i appointment is made under and by authorilyof the foliowing resoblions adopted by the Board of Directors of the Ohio Farmers Insor; "Be I? Resolved. that (he President. any Vice-Resident. any Secretary or any Assistant Secretary shall be and is hereby \ power and authority loappoint any oneor more suitable persons as Attorney(s)-in-Fact to represen( and act for and on behalf of subject tothe fol!Dwing provisions: Seclion 1. Arlorney-in-Fact Attorney-in-Fact may be given full power and sulhority for and in the name of and on behalf of lo execute. acknowledge and deliver.any and allbonds. recognizances. contracts.agreemen1s of indemnityand other condition, undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder. and any such 1 executed by any such Attorney-in-Fac!shall be as binding upon the Company as if signed by the President and sealed and attesl porate Secretary." (Adopted at a meeting heldonthe3rd day of July.1957.) "Be If Resolved. that the power and authority toappoint Attorney(s)-in-Fact granted lo certain officers by a resolution of thi! 3rd day of July. 1957. is hereby also granted to any Assistant Vice-President." (Adopted at a meeting held on the 131h day PANY has caused these presents10 be signed by its ASS?--. . !! 1 CE. .PI In Wifness Whereof, OH10 FARMERS INSURANCEC and its corporate seal to be hereto affixed this ........................... day of .... .@CTfiEER. .............. AD.. 19 $1. .. 29 rd OHIO FARMERS INSURANCE COMPANY t- <. kz4. PdddAd 4 0 i 3-c-. LODIS G. GRAHAM, JR., ASSISTA By 7. ................................ -&. .. :/I ........ 55.: PRESIDE ............................. I. State of . - - _._ - CAL ~. ~. - 1 F.0RNJ.A. County of ORANGE Onthis . - -. .?.3rd. - - * dayof -..OCTOBER. _- -_-_-. -. - A.D..1981.. - . beforemepersonallycame .LOUIS. .G.. GRAHAM of OHIO FARMERS INSURANCE COMPANY. the company described in and which executed the above instrument; that he knows 1 Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors Of I and that he signed his name thereto- -- 10 me known, who, being by me duly sworn.did deposeand say, that he resides in . ShNTA. ANA. ......... ;that he is ASST .. .\I ]e2 J- OFf E- IClAL JERNImN SEAL- - /g~f$A;;hd I .-.------_.- NDMW PUBLIC -CALIFORNIA Noiar 'a~~~~ PRINCiPAL OfrlCt IN 0 . <J ORANGE COUNTY ! L<;<z* : 8 MY C MMlSSlON EXPIRES :.v 24, 1984 - - - . - - . ___ State of ..... S&LIFOR?!fA ... -*.-.- r County of .. .QWNGE ................ -jr-- ---- I Cf RTI FICATE 1. ........... JOHN W .:.. COMBES ..................................... -8.SS.1 STANT.. . Secretaryolthe OHIOFARMERS INSURANCE COMPI certify that the above and foregoing is a true and correct copy of 8 power of Atlorney. executed by said Company. which is still ir eflect;and furthermore.theresolutions of the BoardolDirectors.selou1 inthe power of Atlorneyare in full forceandeflect. 2 7*L In Wifness Whereof. I have hereunloselmy han andaffixedthesealofsaidCom anyatWestfieldCenter.OhiD.lhis ........... ... ......... ///. ... ' &&?e.. ............. QJd&;/ ' S dayof .mw... A.D..19 / -.&- ASS I STANT ri w. c BO 5410 C. (Rev. 2-77) @ BOND NO. 504813 PREMIUM: $273.00 e Page 2( PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Cit Resolution No. 84440 adopted March 18, 1986 , has awarded --. f hereinafter designat as the "Principal", a contract for: Council of the City of Carlsbad, State of California, by GLASS BLOCK 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. 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 performam of said contract; NOW, THEREFORE, WE, DITTMANN MASONRY, INC. as Principal, hereinafter designated as the "Contractor", and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Twentv two thniisanii CT\TT- ------- Dollars ($22,758.00 said sum being equal to the estimated mount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for nhich 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. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor histher or its heirs, executors, administrators, successors or assigns, shal. 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 alteratioi thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respecl according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulate then this obligation shall become null and void; otherwise it shall remain i full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contra or to the work to be performed thereunder or the specifications accanpanying same shall affect its obligations on this bond, and it does hereby waive not of any change, extension of time, alterations or addition to the terms of tt contractor or to the work or to the specifications. OHIO FARMERS INSURANCE COMPANY - -&j--<>"~*&z~~*-p~~ -z -A 86 State of CALIFORCA ___I__ On this the 27thday of .--MARCH 19-, SAN DIEGO RAYMA L. JOHNSON Countyof ____~ the undersigned Notary Public, personally appeared ELIZABETH DITTMANN 3 personally known to me c! proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as SECRETARY or on behalf of the corpora named, and acknowledged to me that the corporation executi CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION 23012Venlura Blvd & ACKNOWLEDGMENT OF SURETY CALIFORNIA STATE OF COUNTY OF SAN DIEGO ss , before , a notary public, personally appe , personally known to me (or proved tc on the basis of satisfactory evidence) to be the attorney-in-fact of Ohio Farmers Insurance Company of West Center, Ohio, who acknowledged that the seal affixed to the attached instrument is the Corporate Seal of Corporation, that said instrument was signed and sealed on behalf of said Corporation by authority ( Board of Directors, an ent as such attorney-in-fact and as the free act and ( of said Corporation 86 day of MARCH 19 27TH On this RAYMA L. JOHNSON DAN G. OWENS /P ?T/L &f&p/G7,74 i /C/, / // Nota4-y Public BD 5772 (2-84) .e a e -1 Page 2 In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bod. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor 2 Surety above named on the day of - 9 19 DITTMANN MASONRY, INC. - - BY: 4 ELIZABETH DITTMANN ( Notarize or Corporate Seal for Each Signer) Contr ac to c OHIO FARMERS INSURANCE COMPANY CI DAN G. OWENS, ATTORNEY-IN-FACT d Surety I i 1 ‘E@-* -I I-- rn -61 a IWlW VJeslfleld Cenler, Ohio 87 -06 -w- 01 Hnorn-ey -<. CERTIFIED COPY Knom Af! Men b). These Pterenfs. 7 hat OHIO FARMERS IrdSUR&NCE COMPANY. a torporallon duly organized an6 existinp unl the State of Ohlo. an6 having its principal Dtfite In Wntflek¶ Center. Medina County. Ohio. does by these presents make. constilul ................................................... DM .G...OUNS. .................................................... ....................................................................................................... ...................................................................................................................... ot .. SAli. DJ EGO.. .............. an~ssateo! . .CALI FDRfjIA. ............... t~s~rue anOlalvlul~tiofney(s)-~n-facl.r*.~~h aulhorrl hereb conterredinitsname.pleceandslead.coexecule.ac*nowlebgeanddellver . .A!JY. .NjD .ALL .BONDS ,. .RECON .--. Ul~DERTAKI.NG$., ..OR. .O.THER .lNS.TRViEEiTS .OR. .CONTRAC’IS.1)F..S.URES.YSHIP..TO .INCLUDE. .Hkl\rE.I .... C.oNDl.lJ.ONS. -01. -CONTRACTS .AND. COMENTS. .Of SURETY., ............................................... .......................................................................................................................... ........................................................................................................................... .......................................................................................................................... .......................................................................................................................... . .....................................................................................................................*.. . and to hind the Company thereby as fully and 10 the Same extent as if such bonds were signed by the President. sealed with the CO; the Company and duly allested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Facl may do in the p appoinlment is made under and by authority of the following res0)utions adopted bylhe Board 01 Directors ofthe Ohio Farmers lnsurs -Be If Resolved. that the President. any Vice-Resident. any Secretary or any Assistant Secretary shall be and is hereby \I power and authority to appoint any one or more suitable personsas Attorney(s)-in-Fact to represen( and act for and on behalf of subject to the fol!Dwing provisions: ”Section 1. Atforney-in-Fact. Attorney-in-Fact may be given full Power and sulhorify for and in the name of and on behalf of io execute. acknowledge and deIiver.anyand allbonds. recognizances. contracts. agreementsof indemnity and other condition; undertakings and any and all notices and documents canceling or terminating the Company’s liabilitylhereunder. and any such i executed byany such Attorney-in-Factshall beasbinding uponthe Companyasif signed by the President and sealed andaltest porale Secretary.” (Adopted at a meeting held onlhe3rd day of July. 1957.) -Be If Resolved. lhat the power and authority loappoint Attorney(s)-in-Fact granted to certain officers by a resolution of this 3rd day of July. 1957. is hereby also granted loany Assistant Vice-Presidenl.” (Adopted at a meeting held on the 13th day I PANYhascausedthesepresentsto~signed by its ASS?.*. . YlCE..P; In Witness Whereof, OHIOFARMERSINSURANCEC and ils corporate seal lo be hereto affixed this ........................... day of .... .@CTc!EER.. .............. A.D., 19 $1. .. 5”4 rd OHIO FARMERS INSURANCE COMPANY CI <. By .>. %44.Zd!LL 4 0 .. 8-L: . ................................. -A. ... / Lot% 6. GRAHAM, JR., ASSISTA ss.: PRESIDE ....... t Stale of _._._-__._.- CAL 1 F.QRrl(1.A.. County of ............................. ORANGE Onthis .... .?3rd.. .. dayof . ..OCTOBER. ........... A.D..1981. ... beforeme personallycame .LauJs. .6.. GRAHAM tome known.who.being bymedulysworn.diddeposeandsay.thalheresidesin . SkNTA. Am .......... ;thatheis ASST.. .v of OHIO FARMERS INSURANCE COMPANY. the company described in and which executed the above instrument; that he knows t Company; that the seal affixed to said instrument is such corporale seal; that it was so affixed by order of the Board of Directors of f and that he signed his name thereto--- g;f&A;)ij& I ._..*. - __ -. _. (jJdGzi&/. S wrmr PUBLIC -CALIFORNIA Nolar , .J Stateof .................. CALIFORNIA. County of .. .QWNGE ................ I CE RTi F ICATE 1. ............ JOHN W 1. ...................................... COMBES .C\SS.IS.TANI.. Secretary of theOHlOFARMERSlNSURANCECOMPl cerlify that (he above and foregoing is a true and correct copy o? a power of Attorney. executed by said Company. which is still in eflect;end furtherrnore.the resolutionsoltheBoardo?Direclors.seloul~nlhepower ofAttorneyareinlulllorceandellec1. In Wifness Whereof. 1havehereunlosetmyhandandafiixedIhesealofsaidCom anyatWesllteId~nter.Ohio.1his ........... 274 f4 .... ’ &?-9.. ............. ..... ........ day of .~.h%&-.. A.D..I~P.G. ASS 1 ST ANT BD 5410 C. (Rev. 2-77)