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HomeMy WebLinkAboutContracts & Agreements_167-2019NPS 2.2 (04/8/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of Service and Support for SCADA Control System ("Agreement") is made and entered in this 6th day of August, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Tesco Controls ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform Service and Support for SCADA Control System services for City (the "Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination Iaws, including the Americans with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of workei needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing P 0 Box 3005), Redlands, California 92373 2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 I L 1ca\djm\Agreements\Tesco Controls NPS 2.2.docin NPS -2.2 (04/8/19) 2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 2 8 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Chris Boatman, Interim Municipal Utilities and Engineering Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A " The Services shall commence as of the Effective Date of this Agreement 4 2 Contractor shall perform and complete the Services in a prompt and diligent manner The Services shall commence immediately after the Effective Date of this Agreement The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit B", in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement 2 L Ica\djm1Aareements\Tesco Controls NPS 2.2.doc jn NPS 2.2 (04/8/19) ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Four Hundred Twenty Three Thousand Seven Hundred Eighty Four Dollars ($423,784) for the Services provided during the Initial Term Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Four Hundred Twenty Three Thousand Seven Hundred Eighty Four Dollars ($423,784) for the first Extended Term, and Four Hundred Twenty Three Thousand Seven Hundred Eighty Four Dollars ($423,784) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of One Million Two Thousand Twenty Seven Thousand Three Hundred Fifty Two Dollars ($1,271,352) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C," entitled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (u) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 Contractor Louis Smith, Regional Manager Tesco Controls 42015 Remington Ave , Suite 102 Temecula, CA 92590 lsmith@tescocontrols com 916-669-4006 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies 3 L lealdjmlAgreementslTesco Controls NPS 2.2 doc jn NPS 2.2 (04/8/19) shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons 01 damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to approve a rate, rule or regulation, or adopt or enforce a City law, issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, 4 L 1caldimlAgreements\Tesco Controls NPS 2.2.doc jn NPS 2.2 (04/8/19) (tit) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of 5 1. IcaldlmlAgreements\Tesco Controls NPS 2.2.doc in NPS -2.2 (0418119) the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summanes and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS BC?G�'�CW Paul W Foster, Mayor ATTEST '4+, ;.; ne Donaldson, City Clerk 6 L Ica\djm1Agreements\Tcsco Controls NPS 2.2.doc jn TESCO CONTROLS By. 1)(1f -z„, a'er NPS 2/ (0418119) EXHIBIT "A" SCOPE OF SERVICES Tesco shall provide for the City's Water & Wastewater Division's an Extended Preventive Maintenance and System Service (EMASS) for specified equipment, Wonderware Customer First Program, and support services on an as needed basis and emergency services for the City's SCADA control system adhering to City IT policy and procedures where applicable Scope of services includes but is not limited to EMASS SCADA HARDWARE/SOFTWARE SPECIALIZED PREVENTATIVE MAIN- TENANCE & SUPPORT SERVICES • Perform a thorough system evaluation that includes specialized hardware preventative maintenance and diagnostics Perform software system backup, diagnostics, and configuration evaluation Services shall be prescheduled and performed annually onsite, and include o SCADA System Hardware Cleaning o SCADA System Diagnostics o SCADA System Software Services o SCADA System Configuration Evaluation o SCADA System Service Report EMASS MCC / VFD / RVSS / PUMP CONTROLS SPECIALIZED PREVENTATIVE MAIN- TENANCE & SUPPORT SERVICES • Provide site visits to perform specialized preventative maintenance to include system inspection, verification, and equipment cleaning Services shall be prescheduled and performed annually onsite EMASS PLC / RTU / CONTROL PANEL SPECIALIZED PREVENTATIVE MAIN- TENANCE & SUPPORT SERVICES • Provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning These services will be prescheduled and performed annually onsite EMASS INSTRUMENTATION MANAGEMENT SERVICES • Perform annual instruments functional performance verification services for field instruments • Performance diagnostics, battery checks and loop checks • Verify instruments output at the SCADA computer when applicable 7 L 1ca\djm\Agreements\Tesco Controls NPS 2.2.doc.jn NPS 2.2 (04/8119) • Provide performance verification certification stickers for instruments verified EMASS FIELD INSTRUMENTS VERIFICATION • Field instruments shall be performance verified and flow meter range verification of inputs and outputs shall be performed WONDERWARE CUSTOMER FIRST PROGRAM • Provide software version upgrades (new release of software, software updates, maintenance releases, service packs, security updates, hotfixes, and patches) • Provide technical Support from Invensys Support Center (Access to Global Customer E - Support website, user documentation, tech notes, and downloads) and phone support (M- F, 8 OOAM-.00PMPST), • Provide live and recorded online seminars and access eLearning webinars • Provide access to Wonderware Security Central Home Website • Provided discounts rates for software licenses upgraded to larger or newer software release/platform AS NEEDED PROGRAMMING AND INTEGRATION • Provide programming modifications, development, engineering and design, repairs, security and firmware updates and integration services of various control systems including o PLCs o RTU stations o Servers o Networking and radio telemetry o Mobile devices and remote connectivity devices o Hardware and end point devices o Software including software licensing o Wonderware and Win -911 applications o Software updates when available to improve system function AS NEEDED FIELD SERVICE • Install, troubleshoot, repair and replace various hardware and control system components and devices AS NEEDED MOTOR CONTROL CENTER (MCC) EQUIPMENT 8 L Ica\djm\Agreements\Tesco Controls NPS 2.2.doc.in NPS 2.2 (04/8/19) • Provide Motor Control Center (MCC) equipment, design, repair, installation and related trade labor and materials 24 HOUR EMERGENCY SERVICE • Provide 24 hour emergency response support for various control system application DOCUMENTATION • Provide all as built documentation for any system modifications or installations As built documentation to be delivered in electronically and paper back formats • Provide detailed quotations with breakouts of hourly rates and service categories per the rate sheet attached Quotations to include scope of work to be performed and warranty periods • Provide detailed service reports to support invoicing Service reports shall include service categories and notice of completion date for warranty TRAINING • Train City staff as requested on operation and maintenance of control systems software and devices WARRANTY OF WORK • Tesco Controls shall guarantee the Work against defective materials or workmanship for a period of one (1) year from the date of completion date specified in any Notice of Completion, except where longer warranty periods are specifically stated • Any defective material or workmanship which may be discovered before final acceptance or within one (1) year from the completion date specified in any Notice of Completion shall be corrected immediately by Tesco Controls at their own expense notwithstanding that it may have been overlooked in previous inspections and estimates Failure to inspect work at any stage shall not relieve Tesco Controls from any obligation to perform sound and reliable work ANNUAL EMASS SERVICES Item Description for Water Division 1 SCADA Hardware/Software Specialized Preventative Maintenance & Support Services Perform a thorough system evaluation that includes specialized hardware preventative maintenance and diagnostics Perform software system backup, diagnostics, and configuration evaluation These services will be prescheduled and performed annually onsite, and include SCADA System Hardware Cleaning • Cleaning and inspection of equipment covered by agreement • Evaluate physical condition of equipment • Evaluate location of equipment and environment 9 L lcaldjmlA.ngrcemcnts\Tesco Controls NPS 2.2.doc.jn NPS -2.2 (0418/19) • Check power protection devices such as Surge Protection and UPS devices • Verify Manufactured date versus Manufactured End -of -Life date SCADA System Diagnostics • Verify for RAM, CPU and Hard Disk utilization • Evaluation of error logs and record major events for operating system and control system software • Run virus check on all hard drives SCADA System Software Services • Version verification of installed operating system software • Version verification of all installed control system software • Verification of software compatibility on existing system • Evaluate software compatibility with currently supported Operating System's manufacturers at the time of evaluation ■ Generate backups of critical application files and historical data SCADA System Configuration Evaluation • Evaluate redundancy • Evaluate data backup and recovery • Evaluate historical data capture methods and storage ■ Verification of existing software configuration and functionality SCADA System Service Report • Data collection and assimilation • Detailed report generation to include • Physical equipment serviced • Diagnostic data gathered during the service visit • Overall SCADA system and individual category health scores • Recommendations categorized by Hardware, Software and Configuration • Software backup files taken during the service visit SCADA System/Equipment Covered The above -listed support service applies to the following SCADA hardware/equipment • Two (2) SCADA computers, SCADA software - Wonderware InTouch (HAWC) • Two (2) SCADA computers, SCADA software - Wonderware InTouch (Tate WTP) • Two (2) SCADA computers, SCADA software - Wonderware InTouch (Hinckley WTP) Four (4) Panasonic tough books laptops for remote connection to SCADA system 2 MCC / VPD / RVSS / Pump Controls Specialized Preventative Maintenance & Support Services TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning These services will be prescheduled and performed annually onsite, and include • Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, checks of door mounted controls and switches, and exterior mounted generator receptacle check if applicable • Vacuum of dust and debris inside the cabinet • Visually inspect connections • Check for moisture intrusion • Check for rodent/insect intrusion • Check ventilation fans for proper operation and clean filters as needed • Check for loose connections and signs of overheating ■ Infrared Thermal Image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and potentially failing equipment (Note Equipment needs to run for at least 30 minutes) • Check current and voltage output • Confirm motor Drive ventilation clearances have not been obstructed • Confirm motor Drive paneling and covers are in place and properly closed Sites/Equipment Covered 10 L 1caldjmlAgreements\Tesco Controls NPS 2.2.docjn NPS 2.2 (04/8119) The above listed support service applies to the following sites/equipment • One (1) 3MCCA lineup with control section (Hinckley WTP) • One (1) 3MCCB lineup with control section (Hinckley WTP) • One (1) 5MCC lineup with control section (Hinckley WTP) • One (1) MCC SDS (Hinckley WTP) • One (1) 4MCC (Hinckley WTP) Remote Sites • One (1) MCC lineup (5th Ave booster pump station/reservoir) • One (1) MCC lineup (Agate booster pump station/reservoir) • Two (2) MCC lineup (Country Club 1 and 2 booster pump station/reservoir) • One (1) MCC lineup (Dearborn booster pump station/reservoir) • One (1) MCC lineup (Highland (HAWC) booster pump station/reservoir) • One (1) MCC lineup (Mill Creek 1 and 2 booster pump station/reservoir) • One (1) MCC lineup (Sand Canyon booster pump station/reservoir) • One (1) MCC lineup (Smiley booster pump station/reservoir) • One (1) MCC lineup (South booster pump station/reservoir) • One (1) MCC lineup (Texas Street booster pump station/reservoir) • One (1) MCC lineup (Ward Way booster pump station/reservoir) 3 PLC / RTU / Control Panel Specialized Preventative Maintenance & Support Services TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning These services will be prescheduled and performed annually onsite, and include • Exterior and Interior checks of the cabinet paint condition door operations seals and gaskets, and checks of door mounted controls and switches = Vacuum of dust and debris inside the cabinet • Check for moisture intrusion • Check for rodent/insect intrusion • Check fan and heater functional performance • Visually inspect battery backup and UPS • Verify Controller's power supply voltage • Check and verify PLC processor and I/O Modules connections • Check for excessive heat and loose connections • Check telemetry equipment cabling and connections • Seat terminal blocks and all relays Plants Sites/Equipment Covered The above -listed support service applies to the following sites/equipment • One (1) PLC Control panel, RTU -100 (Hinckley WTP) • One (1) PLC Control panel RTU -200 (Hinckley WTP) • One (1) PLC Control panel, Flocculator RTU 200A (Hinckley WTP) • One (1) PLC Control panel, Flocculator RTU -20013 (Hinckley WTP) • One (1) PLC Control panel, Recycle pumps RTU 200C (Hinckley WTP) • One (1) PLC Control panel, RTU -300 (Hinckley WTP) • One (1) PLC Control panel, Agate Reservoir RTU -400 (Hinckley WTP) • One (1) VFD panel, FTW Pump 4P-6 (Hinckley WTP) • One (1) PLC Control panel Agate Reservoir "B" panel (Hinckley WTP) • One (1) Radio panel (Hinckley WTP) Remote Sites • One (1) RTU panel (5th Ave reservoir) • One (1) RTU panel (Agate reservoir) • One (1) RTU panel (Agate 2 well) • One (1) RTU panel (Arroyo reservoir) • Two (2) Tesco L300 PLC panels (Country Club 1 and 2) • One (1) RTU panel (Crafton reservoir) 11 L IcaldjmlAgrccmentslTesco Controls NPS 2.2.docp NPS 2.2 (04/8/19) • One (1) RTU panel (Dearborn reservoir) • Two (2) Tesco L300 PLC panels (Highland reservoir) • One (1) RTU panel (Margarita reservoir) PLC / RTU / Control Panel Specialized Preventative Maintenance & Support Services TESCO shall provide site visits to perform specialized preventative maintenance •ncluding system inspection, verification, and equipment cleaning These services will be prescheduled and performed annually onsite, and include • Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, and checks of door mounted controls and switches ■ Vacuum of dust and debris inside the cabinet • Check for moisture intrusion • Check for rodent/insect intrusion ■ Check fan and heater functional performance • Visually inspect battery backup and UPS • Venfy Controller's power supply voltage • Check and verify PLC processor and I/O Modules connections ■ Check for excessive heat and loose connections • Check telemetry equipment cabling and connections • Seat terminal blocks and all relays Plants Sites/Equipment Covered The above listed support service applies to the following sites/equipment • One (1) PLC Control panel, RTU -100 (Hinckley WTP) • One (1) PLC Control panel, RTU -200 (Hinckley WTP) • One (1) PLC Control panel, Flocculator RTU -200A (Hinckley WTP) • One (1) PLC Control panel, Flocculator RTU 200B (Hinckley WTP) ■ One (1) PLC Control panel, Recycle pumps RTU 200C (Hinckley WTP) • One (1) PLC Control panel, RTU -300 (Hinckley WTP) • One (1) PLC Control panel, Agate Reservoir RTU -400 (Hinckley WTP) • One (I) VFD panel, FTW Pump 4P-6 (Hinckley WTP) • One (1) PLC Control panel, Agate Reservoir "B" panel (Hinckley WTP) • One (1) Radio panel (Hinckley WTP) Remote Sites ■ One (1) RTU panel (51h Ave reservoir) • One (I) RTU panel (Agate reservoir) • One (1) RTU panel (Agate 2 well) • One (1) RTU panel (Arroyo reservoir) • Two (2) Tesco L300 PLC panels (Country Club 1 and 2) • One (1) RTU panel (Crafton reservoir) • One (1) RTU panel (Dearborn reservoir) ■ Two (2) Tesco L300 PLC panels (Highland reservoir) ■ One (1) RTU panel (Margarita reservoir) • Two (2) Tesco L3000 PLC panels (Mill Creek 1 and 2 reservoirs) • One (1) RTU panel (Sand Canyon reservoir) ▪ One (1) RTU panel (Smiley reservoir) • One (1) RTU panel (South reservoir) • Two (2) Tesco L3000 PLC panels (Sunset reservoir) • Two (2) Tesco L3000 PLC panels (Texas Grove reservoir) • Three (3) RTU panels (Wells 30A 3IA and 32) • One (1) RTU panel (Ward way reservoir) • One (1) Radio panel (HAWC) • One (I) RTU panel (HAWC) • One (1) PLC control panel (Well 41) 4 Instrumentation Management Services • Provide EMASS service representative(s) to perform annual instruments functional performance verification services for field instruments 12 L IcaldimlAgreements\Tesco Controls NPS 2.2.doc in NPS 2.2 (04/8119) Item • Performance diagnostics, battery checks and loop checks • Verify instruments output at the SCADA computer when applicable = Provide performance verification certification stickers for instruments verified • Note Responsibility of the Owner is to provide safe access to instruments located in designated as "Confined Space Entry" areas and instruments located at higher reach Field instruments to be performance verified, flow meter range verification of inputs and outputs Twenty (20) Instruments Covered to be performance verified • Two (2) FCI ST98 gas flow meters (WWTP Blower building) = Two (2) Foxboro 9100A series magnetic flow meters (WWTP Clarifier building) • One (1) Foxboro 9100A series magnetic flow meter (WWTP DAF building) • One (1) Foxboro temperature transmitter (WWTP Flare building) = One (1) Outdoor HACH SC100 chemical analyzer (WWTP) • One (1) Controlotron 1010 multifunction ultrasonic flow meter (Mountain View lift station) = Two (2) Foxboro methane gas flow meters (WWTP Digesters 1 and 2) • Two (2) Fox IOA gas flow meters (WWTP Digesters 1 and 2) • Two (2) FCI 81A gas flow meters (WWTP Digester 3 building) • Five (5) Foxboro 9100A series magnetic flow meters (WWTP Primary sludge system) • Two (2) Foxboro 9100A series magnetic flow meters (WWTP WAS DAF system) 5 Motor Control Center (MCC) Equipment As needed provide Motor Control Center (MCC) equipment design repair installation and related trade labor and materials Item Description Wastewater Division 1 SCADA Hardware/Software Specialized Preventative Maintenance & Support Services Perform a thorough system evaluation that includes specialized hardware preventative maintenance and diagnostics Perform software system backup, diagnostics, and configuration evaluation These services will be prescheduled and performed annually onsite, and include SCADA System Hardware Cleaning ■ Cleaning and inspection of equipment covered by agreement • Evaluate physical condition of equipment • Evaluate location of equipment and environment • Check power protection devices such as Surge Protection and UPS devices • Verify Manufactured date versus Manufactured End of -Life date SCADA System Diagnostics • Verify for RAM, CPU and Hard Disk utilization • Evaluation of error logs and record major events for operating system and control system software • Run virus check on all hard drives SCADA System Software Services • Version verification of installed operating system software • Version verification of all installed control system software • Verification of software compatibility on existing system • Evaluate software compatibility with currently supported Operating System's manufacturers at the time of evaluation • Generate backups of critical application files and historical data SCADA System Configuration Evaluation • Evaluate redundancy • Evaluate data backup and recovery • Evaluate historical data capture methods and storage • Verification of existing software configuration and functionality 13 L Icaldjm\Agreements\Tesco Controls NPS 2.2.doc.jn NPS 2.2 (04/8/I4) 14 L lcaldimlAgreements\Tesco Controls NPS 2.2.doc jn • SCADA System Service Report • Data collection and assimilation • Detailed report generation to include Physical equipment serviced • Diagnostic data gathered during the service visit • Overall SCADA system and individual category health scores • Recommendations categorized by Hardware, Software and Configuration • Software backup files taken during the service visit SCADA System/Equipment Covered The above listed support service applies to the following SCADA hardware/equipment Three (3) SCADA computers, SCADA software — Wonderware InTouch 2 MCC / VFD / RVSS / Pump Controls Specialized Preventative Maintenance & Support Services TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning These services will be prescheduled and performed annually onsite, and include ■ Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, checks of door mounted controls and switches, and exterior mounted generator receptacle check if applicable • Vacuum of dust and debris inside the cabinet • Visually inspect connections ■ Check for moisture intrusion • Check for rodent/insect intrusion • Check ventilation fans for proper operation and clean filters as needed • Check for loose connections and signs of overheating • Infrared Thermal image Scan(s) for verifying/identifying poor connections, resistive "hot spots", and potentially failing equipment (Note Equipment needs to run for at least 30 minutes) ■ Check current and voltage output • Confirm motor Drive ventilation clearances have not been obstructed • Confirm motor Drive paneling and covers are in place and properly closed Sites/Equipment Covered The above listed support service applies to the following sites/equipment • One (1) MCC AA (WWTP Blower building) • One (1) MCC (WWTP Clarifier building) • One (1) MCC (WWTP DAF building) • One (1) MCC (WWTP Flare building) ■ One (1) MCC (Building 1 at WWTP) • One (1) MCC (Mountain View lift station) • One (1) MCC (WWTP Digester 3 building) • Two (2) MCCs (WWTP Headworks building) • One (1) MCC (WWTP Primary DAF system) • One (1) MCC (WWTP Primary sludge system) • One (1) MCC (WWTP Supernatant system) • One (1) MCC (WWTP WAS DAF system) One (1) Allen Bradley AFD panel (WWTP WAS DAF system) 3 PLC / RTU / Control Panel Specialized Preventative Maintenance & Support Services TESCO shall provide site visits to perform specialized preventative maintenance, including system inspection, verification, and equipment cleaning These services will be prescheduled and performed annually onsite, and include • Exterior and Interior checks of the cabinet paint condition, door operations, seals and gaskets, and checks of door mounted controls and switches • Vacuum of dust and debris inside the cabinet • Check for moisture intrusion • Check for rodent/insect intrusion 11 Check fan and heater functional performance 14 L lcaldimlAgreements\Tesco Controls NPS 2.2.doc jn NPS 2.2 (04/8/19) ■ Visually inspect battery backup and UPS • Verify Controller's power supply voltage • Check and verify PLC processor and I/O Modules connections • Check for excessive heat and loose connections • Check telemetry equipment cabling and connections • Seat terminal blocks and all relays Sites/Equipment Covered The above -listed support service applies to the following sites/equipment • Four (4) PLC Control panels (WWTP Blower building) ■ Two (2) PLC Control panels (WWTP Clarifier building) ■ Two (2) PLC Control panels (WWTP DAF building) • One (1) PLC Control panel (WWTP Flare building) • One (1) LCP 004/PLC-004 Control panel (WWTP Headworks) • One (1) LCP 001/PLC-001 Control panel (WWTP) • One (1) LCP 005/PLC-005 Control panel (WWTP) • One (1) PLC Control panel (Mountain View lift station) • One (1) PLC Control panel (WWTP Barsceen) • One (1) PLC Control panel (WWTP Centrifuge) • Two (2) PLC Control panel (WWTP Digesters 1 and 2) • Two (2) Boiler Control panels (WWTP Digesters 1 and 2) ■ One (1) Level monitoring panel (WWTP Digester 3) • One (1) Boiler Control panel (WWTP Digester 3) • One (1) Grinders Control panel (WWTP Headworks building) = One (1) LCP-10 Control panel (WWTP) = One (1) PLC Control panel (WWTP Primary DAF system) = Two (2) PLC Control panels (WWTP Primary sludge system) • One (1) Control panel (WWTP Supernatant system) ■ Two (2) Control panels (WWTP WAS DAF system) ■ One (1) LCP 003 Chlorine Contact Tank • One (1) LCP 006 Effluent Pump station • One (1) LCP 007 Chemical Storage/Dosing station • One (1) LCP 008 MBR/Aeration facility 4 Instrumentation Management Services ■ Provide EMASS service representative(s) to perform annual instruments functional performance verification services for field instruments • Performance diagnostics, battery checks and loop checks • Verify instruments output at the SCADA computer when applicable • Provide performance verification certification stickers for instruments verified • Note Responsibility of the Owner is to provide safe access to instruments located in designated as "Confined Space Entry" areas and instruments located at higher reach Field instruments to be performance verified, flow meter range verification of inputs and outputs Twenty (20) Instruments Covered to be performance verified = One (1) FCI ST98 gas flow meter (WWTP Blower building) ■ Two (2) Foxboro 9100A series magnetic flow meters (WWTP Clarifier building) • One (1) Foxboro 9100A series magnetic flow meter (WWTP DAF building) • One (1) Foxboro temperature transmitter (WWTP Flare building) • One (1) Outdoor HACH SC100 chemical analyzer (WWTP) • One (1) Controlotron 1010 multifunction ultrasonic flow meter (Mountain View lift station) • One (1) Foxboro temperature transmitter (W WTO Co Gen system) • Two (2) Foxboro temperature transmitters (WWTP Digesters 1 and 2) • Two (2) Foxboro level transmitters (WWTP Digesters 1 and 2) ■ One (1) Marsh McBirney flow meter (WWTP Digester 3 building) ■ Five (5) Foxboro 9100A series magnetic flow meters (WWTP Primary sludge system) Two (2) Foxboro 9100A series magnetic flow meters (WWTP WAS DAF system) 15 L Ica\dimlAgreements\Tesco Controls NPS 2.2.doc dn NPS 12 (04/8/19) WONDERWARE CUSTOMER FIRST Item Qty Description I. 2 Lot One (1) Year Wonderware Customer First Program Renewal (Standard), to include • No charge software version upgrades (new release of software, software updates, maintenance releases, service packs, security updates, hotf xes, and patches), • Get your tech support questions answered for Free (M -F, 8 OOAM- OOPMPST), • Free Technical Support from Invensys Support Center (Access to Global Customer E -Support website, user documentation, tech notes, and downloads), • Free Live and Recorded Online Seminars, • Access to Iibrary of eLearnrng webinars, • Access to Wonderware Security Central Home Website, and • Discounts for software licenses upgraded to larger or newer software release/platform License Serial Numbers Water Water Water Wastewater 1452132 963601 1452138 1904879 428086 963603 1452139 1061204 1712435 1452130 1452140 1904880 9363599 1452131 1452141 1904881 1813403 1452135 1452142 1904882 401322 1452136 1452143 1904883 428085 1452137 1452144 1904884 16 L Icaldtm\Agreements\Tesco Controls NPS 2.2.docjn NPS 2.2 (04/8/19) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated , 2018, and identified as is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on , 201 (SEAL) (SEAL) (Contractor) (Surety) BY (Signature) (Signature) Address (Seal and Notarial Acknowledgment of Telephone( ) Surety) 17 L lcaldjm\Agreements\Tesco Controls NPS 2.2.docp NPS 2.2 (0418119) EXHIBIT "C" PRICE AND FEE BID PrafessionaI Services Standard Rate Premium Services Emergency Services Service Contracts Factory Repairs $100 $110 $140 $95 Administrative Support $95 $105 $135 $90 Engineering Support $95 $105 $135 $90 Drafter/Designer $115 $125 $175 $110 Engineer/Designer (Electrical, Controls) $135 $145 $205 $125 Project Engineer $145 $155 $225 $135 Senior Project Engineer $160 $175 $235 $145 Project Manager $155 $165 $225 $145 Senior Project Manager $175 $185 $235 $155 PLC Applications Programmer $145 $155 $225 $135 Senior PLC Applications Programmer $160 $175 $235 $145 SCADA Applications Programmer $145 $155 $225 $135 Senior SCADA Applications Programmer $160 $175 $235 S145 Field Service Engineer/Specialist $145 $155 $225 $135 Senior Field Service Engineer $160 $175 $235 $145 Network/Communications Engineer S155 S175 $240 $150 Senior System Architect $190 $205 $255 $185 Note Does not include expenses related to business travel, ME & 1 costs, per diem, or other miscellaneous fees which are evaluated case-by-case upon request ANNUAL EMASS SERVICES CONTRACT RATE Water Division $35,000.00 Wastewater Division $24.500 00 WONDERWARE CUSTOMER FIRST PROGRAM RATES Water Division $25,969.91 Wastewater Division $10 110 00 Service Rate Categories Standard Service Rate — These rates apply to standard scope and task order activities that are under Tesco's scheduling and resource planning control Standard rates are reserved for negotiated, planned, and well- defined/specified scopes of work where standard approach methodologies for executing work activities apply These rates may also apply to specialized preventative maintenance services These rates do not apply to open- ended tasks or time-& material (T&M) work orders requiring premium technical/engineering services (please refer to Premium Service Rates), the Standard Service Rate category apply to standard `project/product delivery' work Please consult with Tesco representative for applicable service rate 18 L 1caldjmlAgreements\Tesco Controls NPS 2.2.docin NPS 2.2 (04/8/19) Premium Service Rate — These rates apply to open-ended tasks and time-& material (T&M) work activities where the scope of work is not well-defined requiring a non-standard approach to scope management and resource planning Such activities require higher-level disciplines for engineering task discovery in defining scope of work requirements on an as -needed basis These rates may also apply to scope and task order activities that require premium technical services, such as engineering assessments, engineering surveys/studies, integration activities troubleshooting, and T&M support services These rates do not apply to urgent expedited, or emergency service where the rendering of services are subject to deadlines or schedules that compress or interrupt other prescheduled activities or project work (please refer to Emergency Service Rates) Emergency Service Rate — These rates apply to tasks, work activities, and/or services that are rendered where personnel and resources need to be expedited and do not follow Tesco's standard methodology for scheduling work Such services may impact other work activities or other project work, and may require rescheduling of resources to accommodate an expedited schedule These rates may also apply to services that need to be rendered after normal business hours, whether provided as technical phone support or onsite technical support Please note that any onsite technical support or activity rendered as an Emergency Service Rate may be subject to additional surcharges as follows Emergency Onsite Service Surcharges Mobilization surcharges are applied to each emergency call/request that results in onsite activities being rendered under the Emergency Service Rate classification as defined above These surcharges do not apply to phone support or remote VPN access support services The following surcharges are applied to the mobilization of onsite services based on operating business hours After -Normal Business Hours, On -Call Onsite Support $950 per incident During Normal Business Hours On Call Onsite Support $650 per incident After-hours service requests are managed through Tesco's 24/7 On Call Support Program and facilitated through Tesco's call center and dispatched to on-call personnel Please note that the utilization of Emergency Service Rates do not constitute an Emergency On -Call & Technical Support Service Contract or guarantee a level of- service/response-time stipulated by those contracts Please contact Tesco for a customized EMASS, Support, and/or On -Call Emergency Service Contract which is structured and quoted on support needs and on a system -by- system basis Although Emergency Services are expedited and scheduled promptly, mobilization is subject to availability and resource rescheduling lead-times Please consult with Tesco representative for applicable service rate Note Mark-up for hardware and software is cost plus 20% 19 L Icaldjm\Agreements\Tesco Controls NPS 2.2.doc jn NPS 2.2 (04/8/19) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be 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 commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if 1 employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance 1 certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct TESCO CONTROLS Date 20 L Ica\djm\Agreements\Tesco Controls NPS-2.2.doc„in Bond No CA3192653 Premium $3,403 00 subject to renewal EXHIBIT "B" LABOR AND MATERIAL BOND NPS 2.2 (04/8/19) Whereas, the Ctty Council of the City of Redlands, State of California, and Tesco Controls, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated August 6 , 20 19 and identified as * is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made to Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firntly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Dollars (S ** —) for niatertals furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be mcltided in the Judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commeactng with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect C`he surety hereby stipulates and agrees that no change, extension of tipic, alteration or additton to the terms of the Agreement or the spectficattons accompanying the same shall m any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on September 13 , 2012_ (SEAL) Tesco Controls Inc_, (Cont;or• (Signature) (SEAL) Great American Insurance Company (Sure BYkt E �1 (Sign ture) Breanna Bofman ttor Address 301 E Fourth Street y in Fact Cinciilitati._.01- 45202___ (Seal and Notarial Acknowledgment of Telephone(531) 369 5000 Surety) ' Service and Support for SCADA Control System `* Fou; Hundred Twenty Three Thousand Seven Hundred Eighty Four and 00/100 ($423,784 00) 17 is tca djmiAgreeinentsVfesco Controls ATPS -2 2.dac,.in ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Sacramento On September 13, 2019 before me, Marissa Robinson, Notary Public (insert name and title of the officer) personally appeared Breanna Bofman who proved to me on the basis of satisfactory evidence to be the person( -s} whose name($ is/afe subscribed to the within instrument and acknowledged to me that tie/she/they executed the same in #ci+s/her/their authorized capacity(ics), and that by 4/her/t e+F signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature , 47:. ` 4�� MARISSA ROBINSON COMM # 2255658 > l .rt I NOTARY PUBLIC CALIFORNIA § COUNTY OF SACRAMENTO w �r+nj Comm Expires AUG 24 2022 It (Seal) .-,r..�. GREAT AMERICAN INSURANCE COMPANY® Administrative Office 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 369 5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVENTEEN No 0 15052 POWER OF ATTORNEY KNOW AIL MEN BY THESE PRESENTS That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate constitute and appoint the person or persons named below each individually if more than one is named. its True and lawfril attomev in fact for it and in its name place and stead to execute on behalf of the said Company as surety, any and all bands, undertakings and contracts of suretyship or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract ofsuretyship executed under this authority shall not exceed the Inuit stated below JOHN HOPKINS NANCY LUTTENBACHER BOBBIE BEENY ELIZABETH COLLODI JENNIFER LAKMANN RENEE RAMSEY Name KATHERINE J GORDON JOHN .1 WEBER STEVEN L WILLIAMS MELISSA D DIAZ SHAWNA JOHNSON BONNIE TWO BEARS Address ALL OF Chico CALIFORNIA STEPHANIE AGAPOFF SARA WALLISER VICKY TROYAN BREANNA BOFMAN JESSICA MONLUX Limit of Power ALL $100 000 000.00 This Power ofAttorney revokes all previous powers issued on behalf ofthe attomey(s)-m fact named above iN WITNESS WHEREOF the GREAT AMERICAN iNSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15th day of MARCH 2018 Attest - GREACAMERICAN INSURANC)- COMPANY i,ft e X44 Assam'. Secretary Divisional Senior Vice President STATE OF OHIO COUNTY OF HAMILTON SS DAVID C KITCHEN (577 377-24051 On this 15th day of MARCH , 2018 , before me personally appeared DAVID C KITCHEN to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument, that he knows the seal of the said Company, that the seal affixed to the said instrument is such corporate seal that it was so affixed by authority of his office under the By Laws ufsaid Company, and that he signed his name thereto by like authority 31$anA KlohOR# Nor? Ptik Sli alit My eairidukin ficell 054$,1120 ,,Lza--0- ciiioey This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great Ainerican Insurance Company by unanimous written consent dated June 9 2008 RESOLVED. That the Divisional President the several Divisional Senior Vice Presidents Divisional Vice Presidents and Divrsonal Assistant Vice Presidents, or any one of them, be and hereby is authorized from time to time to appoint one or more Attorneys -in -Fact to execute on behal f of the Company as surely; any and all bonds, undertakings and contracts ofsuretvship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority and to revoke any such appointment at any time RESOLVED FURTHER Thai She Company seal and the signature of any of the aforesaid officers and any .Secretary or Assistant Secretary of the Company may be affixed by facsimile 10 any power of attorney or certificate of either given for the execution of any bond, undertaking contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though manually affixed, CERTIFICATION I STEPHEN C BERAHA Assistant Secretary of Great American Insurance Company do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors ofJune 9 2008 have not boon revoked and arc naw in full force and effect Signed and sealed this 13th S102SAF 106/15) day of September 2019 4-- co. 3 AuSvSiani SeCr Lary ACKNOWLEDGMENT 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 Sacramento } On September 9, 2019before me, Allison K Hunter, Notary Public (insert name and title of the officer) personally appeared Shain Thomas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature QL •1' (Seal) ALLISON K. HUNTER Notary Pubik - California Sacramento County Commission k 2189914 My Comm Expires Apr 6, 2021