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HomeMy WebLinkAboutContracts & Agreements_67-2020 NPS 2.2(2126/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of on-call sewer collection system repair services ("Agreement") is made and entered in this 7th day of April, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Tryco General Engineering, Inc ("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 I —ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform on-call sewer collection system repair services for City (the"Services"). 1.2 The Services shall be performed by Contractor in a professional rnannei, 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," 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 Director 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 Labor Code sections 1775 and 1813 1 L 1ca\djm\Agreements\Trycn General Engineenng Agreement.NPS 2.2.docin ✓ NPS 2.2(2/26/20) 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, 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 Rudolph Chow, Municipal Engineering and Utilities 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," which is attached hereto and incorporated herein by reference 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 one (1) additional one-year term (an "Extended Term"), on the same terms and conditions, by providing written notice to Contractor at Ieast thirty (30) days prior to the expiration of the Initial Term The Initial Term and the Extended Term are hereby 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 2 L 1ca\dim\Agreements\Tryco General Engsneenng Agreement.NPS 2.2.doe.jn NPS 2.2(2/26/20) ARTICLE 5—PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of two hundred fifty thousand dollars ($250,000) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance for the Services shall not exceed the amount of two hundred fifty thousand dollars ($250,000) for the Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of five hundred thousand dollars ($500,000) For the Initial Term and the Extended Term, City shall pay Contractoi on a time and materials basis up to the not to not-to-exceed amount in accordance with the unit prices specified in Exhibit "C," titled "Bidder's 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; (rr) 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 Clerk Try Kirtley, President City of Redlands Tryco General Engineering 35 Cajon Street PO Box 391 P 0 Box 3005 (mailing) Rim Forrest, CA 92378 Redlands, CA 92373 trykrrtley@yahoo com jdonaldson@crtyofredlands.org (909) 337-3336 (909) 798-7531 (909) 337-9172 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. Contractoi 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 Employer's Liability insurance in the amount that meets 3 L'1caldjmlAgreements\Tryco General Engmeenng Agreement.NPS 2.2.doc jn NPS 2.2(2/26/20) 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," titled "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 oi liability, including attorneys' fees, arising from injury oi death to persons oi 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 Contractoi. A Does not make a governmental decision whether to {i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) 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, oi to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, 4 L.lealdimlAgreements\Tryco General Engineenng Agreement.NPS 2,2.doe in IMPS 2.2(2/26/20) (vi) adopt, or grant City approval of, policies, standards or guidelines foi 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 of 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 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 of 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 (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) 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 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 5 L lealdimlAgreements\Tryco General Engineenng Agreement.NI'S 2,2.dooin NPS-2.2(2/26/20) 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 TRYCO GENERAL ENGINEERING By. gy Paul W. Foster, Mayor rt ey, Presid t ATTEST cML / 4(*1-0-41-4- aleteefAL-4—/ ne Donaldson, City Clerk 6 L•lcaldjm\Agreements\Tryco General Engineering Agreement.NPS-2.2.doc.jn NPS 2.2(2/26/20) EXHIBIT "A" SCOPE OF SERVICES Provide On-Call Sewer Collection System Repairs for the City of Redlands on as needed bases The following is the expected scope of services • Main line sewer replacement in various sizes using SDR-35 pipe Replace all existing laterals in the replaced line in a minimum of 5'length of in kind size with SDR-35 pipe using Fernco transition rubber, • Main line sewer spot repair in various sizes using SDR-35 pipe Each spot repair will consist of a total of 19' of one size of pipe divided into various sizes for repairs in close proximity to one another, • Manhole invert flow line repair, • Manhole ring and cover repair and replacement City to provide manhole ring and cover • Uncover and raise manholes to street level, • Perform sewer bypass Contractor to furnish all equipment,perform traffic control, perform set up!take down and maintain the bypass thought the entire duration, • Provide proper supervision and appropriate traffic control at the job site during all phases of work, • Unit price to include all staff, material, equipment, supplies, and other associated costs; • Perform all repairs, replacements, and installations to meet City Standards and Specifications, • All affected streets, sidewall, and other above ground areas are to be restored in accordance with the City's general permit conditions and trench specifications located on the City's website, • All work to be performed in a safe manner, using the appropriate personal protective equipment and in accordance with the City's safety practices and job specific contractor requirements; • Upon request, prepare, and submit for approval and acceptance, an Overflow Response Plan specific to the task and in accordance with the City's Overflow Emergency Response Plan, and • Billing shall be performed monthly and in-line with the Bidders Rate Sheet 7 L 1caldjmlAgreements\Tryco General Engineering Agreement.NPS 2.2.doejn NPS-2.2(2/26/20) EXHIBIT "C" (Bidder's Rate Sheet) ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED AMOUNT 1 Raise Sewer Manhole 20 each $ 980 00 $ 19,600.00 2 Uncover and Raise Sewer Manhole 20 each $ 1,280 00 $ 25,600 00 3 Repair Invert Flow Line of Manhole 20 each $ 1,980.00 $ 39,600 00 4 Repair Manhole Shaft and Cone 20 each $ 1,100 00 $ 22,000 00 Replace Manhole Ring and Cover 5 (City to supply ring and cover) 10 each $ 800 00 $ 8,000.00 Install new Manhole(City to supply 6 ring and cover) 5 each $ 4,980 00 $ 24,900 00 7 Main Sewer Line Spot Repair with 6" SDR-35 50 per linear foot $ 200 00 $ 10,000.00 8 Main Sewer Line Spot Repair with 8" SDR-35 100 per linear foot $ 208 00 $ 20,800 00 9 Main Sewer Line Spot Repair with 10"SDR-35 30 per linear foot $ 266 00 $ 7,980 00 10 Main Sewer Line Spot Repair with 10 per linear foot 12"SDR-35 $ 350.00 $ 3,500 00 11 Main Sewer Line Spot Repair with 15"SDR-35 10 per linear foot $ 380.00 $ 3,800 00 12 Main Sewer Line Spot Repair with 10 per linear foot 18"SDR-35 $ 400 00 $ 4,000.00 13. Main Sewer Line Spot Repair with 10 per linear foot 20" SDR-35 $ 500 00 $ 5,000.00 14 Main Sewer Line Spot Repair with 24"SDR-35 10 per linear foot $ 600 00 $ 6,000 00 15 Main Sewer Line Replacement with 6"SDR-35 Pipe 1600 per linear foot $ 108 00 _ $ 172,800 00 _ 16 Main Sewer Line Replacement with 1600 per linear foot 6"SDR-35 Pipe $ 108 00 $ 172,800 00 17. Main Sewer Line Replacement with 1600 per linear foot 8"SDR-35 Pipe $ 110.00 $ 176,000 00 18 Main Sewer Line Replacement with 1600 per linear foot 10"SDR-35 Pipe $ 113 00 $ 180,800.00 19 Main Sewer Line Replacement with 350 per linear foot 12"SDR-35 Pipe $ 148 00 _ $ 51,800.00 20 Main Sewer Line Replacement with 350 per linear foot 15"SDR-35 Pipe $ 154 00 $ 53,900 00 21 Main Sewer Line Replacement with 350 per linear foot 18"SDR-35 Pipe $ 180 00 $ 63,000 00 22 Main Sewer Line Replacement with 350 per linear foot 20"SDR-35 Pipe $ 190 00 $ 66,500 00 23 Main Sewer Line Replacement with 350 per linear foot 24"SDR-35 Pipe $ 220 00 $ 77,000 00 24 Sewer Bypass Set-Up, Monitoring 4 daily rate and Take Down $ 480 00 $ 1,920 00 TOTAL SUM BID(1 THRU 24) $1,217,300 000 9 I.Ica\djm1Agreements\Tryco General Engineenng Agreement.NPS-2.2.doc.jn NPS-2.2(2/26/20) 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 /1 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). 1 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 TRYCO GENERAL ENGINEERING By Date -17io T Ki ley, Presi ent 10 L 1caldjm'Agreements\Tryco General Engineering Agreement.NPS-2.2.doc.jn The performance and payment bond covers the contract term of 5/10/2020 to 04/15/2021 NI'S 2.2(Z/Z6,20) Renewal,at the Surety's option will require a new bond and failure to do so shall not result in a default of any bond previously furnished covering any base or option term EXHIBIT "B" Bond No, 53415 Premium 54,500.00 Premium Based on Final Contract Amount LABOR AND MATERIAL BOND Whereas the City of Redlands State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement (the `Agreement") whereby Principal agrees to provide on call sewer collection system repair services (the "Work'), which said agreement, dated April 7, 020. and identified as on-call sewer collection system repair services is hereby referred to and made a part hereof and WhLrcas, 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 Cit it rode sit the State of C`alitnrnia 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 Two Hundred Fifty Thousand Dollars (S250,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment [nsurance kct 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 he 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 stet brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void otherwise it shall he and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of tune, alteration of 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__—May 22nd____ 2020. (SEAL) (SEAL) Tryco General Engineering Western National Mutual Insurance Company (Conti etor (Surety) Y (Sig/ tire)4W *47,— ( ignature)Pietro Mlcciche,Attorney In Fact Address 10851 N.Black Canyon Hwy.,Suite 630 Phoenix,AZ 85029 Seal and Notarial Acknowledgment of Telephone(855) 2.83-8106 Surety) 8 t .co.djm'•kgrcemezun-.TricoC,eneralEngineering.&graemcut.NPS-22doc.in CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 •...�Llri2l�:F�,,.:G/'n..�,�vt2r<:`twin.s„¢�2/r.:v.:..=�t a. .�. . ...n, :.. .�..,, ... .,.� .. � t� t . � t -� � 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 Losri Angeles On MAY 22 2020 before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s)of Srgner(s) who proved to me on the basis of satisfactory evidence to be the persons€) whose name() is/kite subscribed to the within instrument and acknowledged to me that heiMe(ANy executed the same in hist*i7 i authorized capacity(i ),and that by his/XeM U(signature( }on the instrument the person(), or the entity upon behalf of which the person$) 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 h and fficial seal svw°°T,, ANGEL NUNEZ zr �- Notary Public California Signature , Los Angeles County I %.° Commission#232f675 — ignature of Notary Public '40.•*" My Comm Expires Mar 14 2024 Place Notary Seal Above 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 Signer's Name. 1 Corporate Officer — Title(s) i-!Corporate Officer — Title(s) Partner — r Limi` d V. General r' LI Partner — i=1 Limited ❑General _.� Individual Attorney in Fact Li Individual ❑Attorney in Fact Trustee LI Guardian or Conservator ❑Trustee ❑Guardian or Conservator -:Other i._._� Other Signer Is Representing Signer Is Representing N�l&!:\'�.4�L4\:4�'ri.�'-!.�:�S�Y:\'/:4V:\'!�!s\!L\J:�VSV;!4�..•/%Y:�:�::L'c�V<`•+�-n:•/iir!{\'!i\.v:_v::�i:�`!i.\" \...\..\. 'it:_i:�n..�..�.V:\.v 5�'!:\':::L:=:'!:;"=-,'!sue ©2014 National Notary Association •www NationalNotary org 1-800-US NOTARY(1-800-876-6827) Item#5907 WESTEI N NATIONAL. 71c:rkrtrr hip ctr.,P:.ly 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 Pietro Mlccrche 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 All written instruments in an amount not to exceed an aggregate of $even Million Five Hundred Thousand and 001100($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 insurance 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 (u) when signed by the president any vice president or assistant vice president, secretary or assistant secretary,and countersigned and sealed Of a seal be required)by a duly authorized attorney in-fact or agent,or (a) 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. JeAf1/4 °„R__",e________________ •are°044;'•Gg.. 11 w.SEALL= .Sri .3n. (. .."4:27-11/4"-.2.---' Jon R Hebeisen,Secretary Larry A Byers Sr Vice President STATE OF MINNESOTA COUNTY OF DAKOTA 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 ,.„,.., .. , - ,,,,,,,,, 7, NOTARY PUBLIC MINNESOTA S#IIS$IC t XPU E�0 Ii312� 1 Jennifer A Young,Notary Public ..' ' pi MY My commission expires January 31.2021 CERTIFICATE I the undersigned assistant secretary of the Western National Mutual Insurance Company a Minnesota corporation CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore,that the Resolutions of the beard of directors set forth in the Power of Attorney,are now in force ' 4.4 pYOi .k + ci SEAL:tt Z-frei Signed and sealed at the City of Edina, MN this 22nd day of May , 2020 Jennifer A Young Assistant Secretary