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HomeMy WebLinkAboutEIDIM Group AV Technology 2020-09-03CITY OF UKIAH Mendocino County, California AGREEMENT FOR COUNCIL CHAMBER AV REPLACEMENT Specification No. 20-09 THIS AGREEMENT, made this 3rd day of September Ukiah, Mendocino County, California, hereinafter called the City and called the Contractor, WITNESSETH: COU #2021-117 , 20 20 , by and between the City of EIDIM Group, Inc. dba EIDIM AV Technology hereinafter WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within sixty-three (63) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer COUNCIL CHAMBER AV REPLACEMENT 39 Spec. No. 20-09 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre -qualification rating, if any and for refusing to establish, reestablish or renew a pre -qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor COUNCIL CHAMBER AV REPLACEMENT 40 Spec. No. 20-09 has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) (g) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. COUNCIL CHAMBER AV REPLACEMENT 41 Spec. No. 20-09 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this 1 ' day of 61c h)c: , 20 ' . CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: ITY CLER (, CITY OF UKIAH ER, CIT OF UKIA By: CONTRACTOR Attest: Prvielfew Sgnq Title: 'teSic4n j C - v0 The foregoing contract is approved as to form and legality this day of , 20 CITY ATTORNEY, CITY OF UKIAH rr77 COUNCIL CHAMBER AV REPLACEMENT 42 Spec. No. 20-09 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this day of , 20 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: CITY MANAGER, CITY OF UKIAH Attest: CITY CLER , CITY OF UKIAH By:(2-Jf CONTRACTOR Attest: R�elrew 1?)c:{ Title: Pf e Sj-i2n-i" I E.0 The foregoing contract is approved as to form and legality this 22 nd day of September, 2020 CITY ATTORNEY, CITY OF UKIAH COUNCIL CHAMBER AV REPLACEMENT 42 Spec. No. 20-09 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, Califomia, on September 3 by and between the City of Ukiah (Ukiah) and u 0 1 •0 . 9 u 1 so •. ,2020 , Contractor). Contractor is performing work in accordance with the plans and specifications for the Council Chamber AV Replacement Project, Specification No. 20-09 for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or Toss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: TITLE: prey 1 dent / C tC7 COUNCIL CHAMBER AV REPLACEMENT 43 Spec. No. 20-09 CITY OF UKIAH Mendocino County, California Bond No. 53685 Premium: $5,036.00 Premium Based On Final Contract Amount FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Eidim Group, Inc. dba Eidim AV Technology AS PRINCIPAL, and Western National Mutual Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of Two Hundred Seventy Nine Thousand, Seven Hundred Seventy and 43/100 dollars ($ 279,770.43 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated September 3 , 20 20 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this llth day of September ,20 20 . In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) (City/State/Zip Code) COUNCIL CHAMBER AV REPLACEMENT 44 Spec. No. 20-09 WITNESS: ATTEST: ATTEST: Eidim G nc. dba Eidim AV Technoloov Lt/ r (Corporate Principal) Ali 6905 Oslo Circle., Suite J (Business Address) Buena Park, CA 90621 ew Bang., EAL) s,cdenk/Ce0 (City/State/Zip Code) (Corporpte Principal). Andrew gal,PreldtntIC ix orporate Seal (Business Address) (City/State/Zip Code) Weste aatiional Mutual Insurance Company 4-712/C, - Affix Patricia Zenizo, (Corporate r re Corporate Attomey-In-Fact Seal 10851 N. Black Can • Hwy., Suite 630 (Business Address) Phoenix, AZ 85029 (City/State/Zip Code) The rate of premium on this bond is $ 18.00 per thousand. The total amount of premium charges is $ 5,036.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) 1, Andrew facing , certify that I am the EIDIM bruvp, Inc. Secretary of the corporation named as Principal in the foregoing bond; that Andrew Bars , who signed the said bond on behalf of the Principal, was then -he Corpordc PrincupaI of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal COUNCIL CHAMBER AV REPLACEMENT 45 Spec. No. 20-09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C�i�.✓.1\iti�C!T:.i\2L•.S\�!12'.i�2!9l'::�t!a\��•:\ ;.\<!T2!i\t!A�/:'�::�f i\f�G�C{A�":\K4\•!'Tf:d�2..\f!AC.i\NS\��i\:��ti•6\<!A2. i�f!i\�•!T2:.\t/iii'. P.2 N:\<!'A�!"'\:. TLl:1L. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On SEP 11 2020 Date before me, personally appeared Patricia Zenizo Angel Nunez. Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/die subscribed to the within instrument and acknowledged to me that fie/she/tfidy executed the same in Nit/her/Oh authorized capacity(40s), and that by FMb/her/t )r signature(p) on the instrument the person(p), 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. ANGEL NUNEZ • Notary Public • California Los Angeles County Commission $ 2321675 My Comm. Expires Mar 14. 2024 Place Notary Seal Above WITNESS my h OPTIONAL fficial seal. ,077 -rd //7 Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): L i Partner — [ Limited J General ❑ Individual ;x Attorney in Fact El Trustee Guardian or Conservator El Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — :_ Limited C i General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ,4\Li •✓ 'Yi• ✓:'✓5'•✓.•.Nz�Y1�:\ :�:_L/:�.'.� .L.��\.✓. •✓ ✓i\ni.\L.�✓i :/'.v iwi-•✓i'Vii`..-:/i-S: L.\Li\.Y.�!�i: •✓'obi\✓i: Y4\S/iw✓S�'V�• 1.•:^-r ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF UKIAH Mendocino County, California Bond No. 53685 Premium Included In Performance Bond MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Eidim Group, Inc. dba Eidim AV Technology , AS PRINCIPAL, and Western National Mutual Insurance Company , AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of Two Hundred Seventy Nine Thousand. Seven Hundred Seventy and 43/100 dollars ($ 279,770.43 for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated September 3 20 20 , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 11th day of September ,20 20 . In the presence of: WITNESS: (SEAL) (Individual Principal) (Business Address) COUNCIL CHAMBER AV REPLACEMENT 46 Spec. No. 20-09 WITNESS: ATTEST: ATTEST: (City/State/Zip Code) Eidim Gr UD nc. dba Eidim AV Technology po .te rincipal)'Ary�rew 8a • Presicei,3 / CEO 6905 Oslo Circle., Suite J (Business Address) Buena Park, CA 90621 (City/State/Zip Code) (Corporate Prinnci al) hula w ppn jk)�dea1►G Affix Corporate Seal (Business Address) (City/State/Zip Code) Weste National Mutual Insurance Company Patricia Zeriizo, (Corporat Attomey-In-Fact Affix Corporate Seal 10851 N. Black Ca on Hwy., Suite 630 (Business Address) Phoenix, AZ 85029 (City/State/Zip Code) The rate of premium on this bond is $ 18.00 per thousand. The total amount of premium charges is $ 5,036.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). p-ndrew 61OIW brovp that Andrew Bona Inc Bony (CERTIFICATE AS TO CORPORATE PRINCIPAL) certify that I am the Secretary of the corporation named as Principal in the foregoing bond; , who signed the said bond on behalf of the Principal, was then +he Corporate Pr( nc;pa) of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal COUNCIL CHAMBER AV REPLACEMENT 47 Spec. No. 20-09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 \C/i\L T2/Y�<!T\f�i\\/"'T\•.i�\�Y\�!T�Y.'r1\.^r\Y. i\\.:\\!i\\: i\\'. \\'i\\!:\�•i\�. i\� \•. Y\\. A\!� ��\'T�.'T��.5\:/T\r,,i \/4\���\\!T2!T.li \�Y\�.i\"L\\. T\•. i\. 9�./i\\'. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On SESEP 1 y 1 2020 before me, Angel Nunez, Notary Public Date personally appeared Patricia Zenizo Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/die subscribed to the within instrument and acknowledged to me that d►ie/sheltfidy executed the same in WS/her/0161r authorized capacity(ifts), and that by his/her/VW signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGEL NUNEZ Notary Public • California Los Angeles County Commission tt 2321675 My Comm. Expires Mar 14, 2024 Place Notary Seal Above d official seal. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual x' Attorney in Fact Li Trustee ' Guardian or Conservator r _, Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ' ✓s�:,Y,4'arC`ri..�?Sgv,<its•!.✓'.:✓✓'\vi�ai:`ri'�mi�✓'�.v4�eii"`v�` iia'.��.v."..`.:.�i.`✓.�a..✓:.v'.�.-•✓0.5.��'!.t,�.�. ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, Eidim Group, Inc. dba Eidim AV Technology and Bond No. 53685 as PRINCIPAL Western National Mutual Insurance Company , as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of Thirteen Thousand, Nine Hundred Eighty Eight and 52/100 (5 PERCENT OF THE FINAL CONTRACT AMOUNT) ($ 13,988.52 ), to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated September 3, 2020 for COUNCIL CHAMBER AV REPLACEMENT WHEREAS, said Contract has been completed, and was approved on the 3rd day of September , 2020 , NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this 11th BY: �-- n, few :4,$, Preside .i ceL Eidim Group, Inc. dba Eidim AV Technology Principal Patricia Zenizg #4torney-In-Fact BY: Western National Mutual s anmpany day of September , 20 (Seal) (Seal) (Seal) Surety COUNCIL CHAMBER AV REPLACEMENT (Seal) (Seal) (Seal) 49 Spec. No. 20-09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �.. r. y�.r.:r,!a,�,!s�.!�2':�t!,!.:!!c�t!:�Kr.�t!d�t��t!�C t!rt :�t<—.�t.rt t•`.. !' r. s�C.� :.. : t�.:�✓:\t!�.N-.�•�;C ••a. Vic, :�t!"�t� t!�N. int• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SEP) On 11 2020 before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patricia Zenizo Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/th' subscribed to the within instrument and acknowledged to me that Idle/she/tli* executed the same in hither/Mir authorized capacity(ios), and that by hie/her/WO signature(e) on the instrument the person(e), 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. ANGEL NUNEZ Notary Public • California z Los Angeles County F. Commission : 2321675 pp My Comm. Expires Mar 14, 2024�ri Place Notary Seal Above WITNESS m Signature OPTIONAL official seal. /fvf /77 Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: i❑ Corporate Officer — Title(s): Partner — Limited _J General ❑ Individual ix' Attorney in Fact Li Trustee i Guardian or Conservator Li Other: Signer Is Representing: Named Above: Signer's Name: Cl Corporate Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: /c'✓4'!/Sic"`✓�'✓4`✓4�c\!4\�:c\•Sc�c�c�.c�ms"✓cam =�._,4 S.WSSLc,,,te. ✓c'Lc'tYcvc"•✓c"N4`_.': .c'LCV'L:".t' 4•`c%s".mac' :"✓c' ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 w W NATIONAL Thr nlatin,shq, tympany. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute and appoint: Patricia Zenizo, Angel Nunez, Pietro Micciche. Manuel Reguerra and Daniel Inzunza Preferred Bonding Services (#9760) Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: AH written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 ($7,500,000) for any single obligation. regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Irurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking. recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this _16th day of _December 2015. Jon R. Hebeisen, Secretary STATE OF MINNESOTA, COUNTY OF DAKOTA /4" - Larry A. Byers. Sr. Vice President On this 16th day of December, 2015. personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. JENNIFER A YOUNG NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/2021 Jennifer A. Young, Notary Public My commission expires January 31,2021 CERTIFICATE I, the undersigned. assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that tiie foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney. are now in force. "2DSO Signed and sealed at the City of Edina.. MN this I i�+ day of ,T—'� f'(,}'►1}�;�, r (4t�r —` W SEAL A Jennifer A. 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