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HomeMy WebLinkAboutContracts & Agreements_112-2020 NPS 2.2(4/23120) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of wastewater centrifuge service, parts, and warranty work ("Agreement") is made and entered in this 1st day of July, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Alfa Laval, Inc ("Contractor") City and Contractoi 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 Contractoi to perform wastewater centrifuge service, parts, and warranty work services for City(the"Services") 1 2 The Services shall be performed by Contractoi 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 Iike 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," titled "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 laws, 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 Directoi of the California Department of Industrial Relations for each craft, classification or type of worker 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 Laboi Code sections 1775 and 1813 1 L\ca\djmlAgreementslAlfa Laval Centrifuges CY 20-2I doc.jn NPS 2.2(4/23/20) 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, goods 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 Rudolph S Chow, P E , Municipal Utilities and Engineering Director, as City's representative with respect to perfoinrance of the Services, and such person shall have the authority to transmit instructions, receive infoiiiiation, 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 The Services shall commence as of the Effective Date of this Agreement 4 2 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 tenns 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 Tenn 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,"which is attached hereto and incorporated herein by reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement ARTICLE 5 —PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of forty two thousand dollars ($42,000) for the Services provided during the 2 L lea\djmlAgreementslAlfa Laval Centrifuges FY 20 21 doc.jn NPS 2.2(4/23/20) Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of forty two thousand dollars ($42,000) for the first Extended Term, and forty two thousand dollars ($42,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to- exceed amount of one hundred twenty six thousand dollars ($126,000) 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,"titled"Rate Sheet,"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, (ii) 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 Contractor City Cleik John Moccero,Account Manager City of Redlands Alfa Laval, Inc 35 Cajon Street 10470 Deer Trail Drive P 0 Box 3005 (mailing) Houston, TX 77038 Redlands, CA 92373 custoinerservice usa@alfalavaI corn jdonaldson@cityofredlands org (707) 685-6698 (909) 798-7531 ARTICLE 6—INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor foi 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 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 Employee's Liability insurance in the amount that meets statutory requirements with an insurance earner acceptable to City, or certification to City that Contractoi is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit"D," titled "Workers' Compensation Insurance Certification,"which is attached hereto and 3 L 1ca\dim\AgreementslAlfa Laval Centrifuges FY 20 21 doc.in DIPS 2.2(4/23/20) incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with earners acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, foi 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 or 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 (i) approve a rate, rule or regulation, or adopt or enforce a City law, (n) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (in) 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 similai item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or foi any subdivision thereof 4 L IcaldjmlAgreemenis\Alfa Laval Centrifuges FY 20 21 doc.jn NPS 2.2(4/23/20) 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 of 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 prioi 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 any 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 foi 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 prioi 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 (i) no amount shall be allowed for anticipated profit or unperformed Services, and (i1) 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 Contractoi Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of 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, summaries and such other information and materials as may have been accumulated by Contractoi in performing the Services Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination 5 L 1ca1djm\Agreements\Alfa Laval Centrifuges FY 20 21 docjn NPS-2.2(4/23/20) 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 m 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 ALFA LAV L, INC � y aul W Foster,Mayor Larry Packard 1 Contracts and Bid Manager ATTEST J e Donaldson, City Clerk 6 L 1ca\djm\AgreementslAlfa Laval Centrifuges FY 20-21.doc jn NPS 2.2(4/23/20) EXHIBIT "A" SCOPE OF SERVICES Provide service, parts, replacement, and repair of the Alfa Laval centrifuges and related equipment for the City's Wastewater Division's on an as needed basis Scope of services include but are not limited to 1 Diagnose, service, and repair equipment on an as needed basis at the Wastewater Collection System office located at 1950 Nevada Street, Redlands, CA 9237 Service shall include • Calibration • Cleaning Services • Exchange • Preventive Maintenance • Reconditioning • Repair 2 Provide the following during service calls • Service kits • Service tools • Spare parts 3 Provide the following monitoring of the equipment with a detailed report • Condition Audit • Condition Monitoring • Performance Audit 4 Provide the following improvements to the equipment on an as needed basis • Equipment Upgrades • Redesign • Replacement &Retrofit 5 Provide support assistance with the following • Exclusive stock for necessary parts, • Technical documentation upon request, • Telephone support as needed, • Training foi equipment use and maintenance prior to release for new equipment purchase, equipment repairs, and other relevant training, and • Troubleshooting of equipment issues 7 L 1caldjmlAgreements\Aifa Laval Centrifuges FY 20 21 docjn NPS 2.2(4/23/20) EXHIBIT "C" (RATE SHEET Field Service Rates—Separation Products Daily Rate This rate is applicable for any time traveling oi spent on site up to a $2200/day maximum of 8 hours, Monday through Friday This price includes all plus airfare expenses except airfare, plus a half hour of travel to and from a hotel per day This price is portal to portal Daily Overtime: Any work on site oi traveling in addition to the hours associated with the $225/hr Daily Rate Monday through Friday Saturday Rate This rate is applicable for any time traveling or spent on site up to a $3000/day maximum of 8 hours on Saturday This price includes all expenses plus airfare except airfare, plus a half hour of travel to and from a hotel per day This price is portal to portal Sunday Rate: This rate is applicable for any time traveling or spent on site up to a $4000/day maximum of 8 hours on Sunday This price includes all expenses except plus airfare airfare, plus a half hour of travel to and from a hotel per day This price is portal to portal Training Scheduled process audits, classroom and/or hands-on maintenance and $2500/day operator instructional training This includes all expenses except airfare plus airfare Note Daily rates, Saturday rates, and Sunday rates apply regardless of how many hours technician is on site up to 8 hours a day Work performed in in excess of 8 hours in a single day is subject to the Daily Overtime rate 9 L\caldjmlAgreementslAlfa Laval Centrifuges FY 20 21 doc jn NPS 2.2(4/23/20) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation m one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to wnte 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 X 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 I 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 I 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 ALFA LAVAL, INC Bye Date May 28,2020 bdikioMOCAMooNAMtightiMgeT Larry Packard 1 Contracts and Bid Manager 10 L-1ca\djm\Agreernents\Alfa Laval Centrifuges FY 20 21-doc jn Bond Number 30067567 NPS 2.2(4/23/20) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and Alfa Laval, Inc (hereinafter designated as "Pnncipal") have entered mto an agreement (the "Agreement") whereby Principal agrees to wastewater centnfiige service, parts, and warranty work (the "Work"), which said agreement, dated July 1, 2020, and identified as Alfa Laval, Inc 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 m the aforesaid Code of Civil Procedure m the sum of One Hundred Twenty Six Thousand Dollars ($126,000)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 m an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, m 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 m 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 July 1st ,2020. (SEAL) (SEAL) Alfa Laval,Inc. Western Surety Company (Contractor) di (Surety) BY Clinton l Diers (Signature) (Signature) ..pc)Ln Li"d - /Ed Sac ra.h r Address 151 N Franklin Street Chicago IL 60606 (Seal and Notarial Acknowledgment of Telephone(312) B22-5000 Surety) 8 L\caldjm\AgreementslA.l.fa Laval Centrifuges FY 20-21.doe.jn CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦►♦♦♦►♦►♦♦♦♦♦♦♦►♦♦♦♦♦♦♦♦♦♦♦♦♦►♦♦►♦♦♦♦♦►♦♦♦♦♦♦♦♦ State of Virginia County of Amelia On July 1, 2020 before me, Jessica J Winfree , Notary Public Date Name and Title of Notary personally appeared Clinton J Diers Name and of Names of Signers) 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/herltheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. _ _ ,,,r. Jessica J Vifnfree 1 certify under PENALTY OF PERJURY under the laws of ' .,5 Commonwealth of Virginia the State of California that the foregoing paragraph is true t Notary public and correct , ,. r, Commiaatian No 27 711 h. r' My Commission Expires Witness my id and official seal Signature r J ca J ee Notary Public Signature Place Notary Public Sea!Above OPTIONAL Though the Information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages. Signer's Name ❑ Individual 0 Individual ❑ Corporate Officer—Title(s). 0 Corporate Officer—Title(s) ❑ Partner- 0 Limited 0 General RIGHT THUMBPRINT 0 Partner- ❑Limited 0 General RIGHTTi1uMOPRINT ❑ Guardian or Conservator OF SIGNER 0 Guardian or Conservator OF SIGNER El Attorney-in-Fact ToR ins 0 Attorney-in-Fact Tap thumb ❑ Trustee 0 Trustee ❑ Other 0 Other. Signer is representing Signer is representing Western Surety Company ►►♦►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦►♦♦♦♦♦♦♦♦♦►►♦♦♦♦♦♦►♦♦♦♦♦♦♦♦ Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Clinton J Diers , Individually of Richmond,VA its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign seal and execute for and on its behalf bonds undertakings and other obligatory instruments of similar nature - In Unlimited Amounts — Surety BondNo. 30067567 Principal. Alfa Laval,Inc obligee City of Redlands and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted as indicated by the shareholders of the corporation In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February,2018 uF WESTERN SURETY COMPANY ` PRRg1441 'ikotpNy:x Da� '.auk T Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 27th day of February 2018 before me personally came Paul T Bruflat,to me known,who being by me duly sworn,did depose and say- that he resides in the City of Sioux Falls State of South Dakota, that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument,that he knows the seal of said corporation that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires MflHR June 23 2021 ticoix 7 -729, 41.11/1__J J Mohr,Notary Public CERTIFICATE I, I,.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force and further certify that the By Law of the corporation pnnted on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1st day of July 2020 fo WESTERN SURETY COMPANY Oirri �CA Aar/ i'h aP ,� 9pm L Nelson,Assistant Secretary Form F4280 7-2012 Go to www crtasurety corn>Owner J Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary, Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize The President,any Vice President,Secretary,any Assistant Secretary or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds policies or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal maybe printed by facsimile