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HomeMy WebLinkAboutContracts & Agreements_89-2020PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 5 h day of May, 2020, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Tryco General Engineering (hereinafter "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: 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: 2020 Citywide Pavement Repair for Water Projects, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2020 Citywide Pavement Repair for Water Projects, Project No. 71060 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of four hundred twenty nine thousand twenty dollars ($429,020) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within seven hundred thirty (730) calendar days from and after the date of the delivery to Contractor of the Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents"). 6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Parry. 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code LAca\djm\Agreements\Tryco 2020 Cityivide Pavement Repair for Water Projects PW-3.1.doc jn Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. LAca\djm\Agreements\Tryco 2020 Citywide Pavement Repair for Water Projects PW-3, Ldoc;jn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: Je?�Ibonaldson, City Clerk City of Redlands B: ` 1 W. Foster, Mayor (SEAL) Ow/d, I R, MOVE • • • �- By: Sign re of Au orized Ag6k Title Signature of Authorized Agent (if necessary) Title ��o2aS Contractor's License No. LAcaldjmlAgreements\Tryco 2020 Citywide Pavement Repair for Water Projects PW-3. l.docjn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities & Engineering Department 2020 Citywide Pavement Repair for Water Projects Project No. 71060 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 Aam 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). _ZI 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. Dated this day of , 2020. 7-1 s. —�r< a / a • ri i (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to perforating the work of the contract.) LAca1djm\Agreements\Tryco 2020 Citywide Pavement Repair for Water Projects PW-3.Ldoc jn Form w-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service 1 Name (as Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormWg for instructions and the latest information. on your income tax Tryco General Engineering 2 Business name/disregarded entity name, if different from on this line; do not 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) No. Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. U Other (see instructions) ► 5 Address (number, street, and apt. or 'O Box 391 B City, state, and ZIP code iimforest Ca 92378 7 List account number(s) here (ontiona n Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (f any) Exemption from FATCA reporting code (if any) WPPtw to wcwrfm mek Wrwd euMda rt a US.) ter s name ano ac Redlands Social security or ©Q©©M©M©©F Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. Yau must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. veyr r Signature of I Here U.S. person ► Genera# Instructibns v Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwwJrs.gov/FormlN9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (El N), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date IN. zo • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Bond No:53532 Premium: $7,722.00 FAITHFUL PERFORMANCE BOND PrcmiumBased OnFinAContract Amount Whereas, the City of Redlands ("City"), State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement dated May 5, 2020 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "-Work"), which said Agreement is identified as 2020 Citywide Pavement .Repair for Water Projects, Project No. 71060 and is hereby referred to and made apart hereof; and Whereas, said Principal is required under the terms of -the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, Western National 'Mutual Insurance Company, as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred. Twenty Nine Thousand Twenty dollars ($429,020.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators. successors or assigns, shall .in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, its therein stipulated, that this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part Of the; obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever tile: PritwipA shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Work in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above, The terra "balance of the Agreement price," as used in this paragraph, shall L:`.c t`djm,:IgreententslTrvct7 2020 City" ide Pavement Repair for Water Projects PW-3. Ldoc.jn mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid From the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the C'ity's objection to the .Principal's further participation in the completion of the Work. No right of action shill accrue on the bond to or for the use of any person or corporation other than the City named Herein or the successors or assigns of the City. Any suit under this bond must be ins►ituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any anotney In ctimicc'tiutl with the enfurccinent of this bond, cacti shall pay the: City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. 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 GDMpiTA_ (Contrac or (Sur ` 13 '. pe (Si;na€ r) (Signs ure) Pietro Micciche, Attorney -In -Fact Address: 10851 N. Black Canyon Hvuy., Suite 630 Phoenix AZ 85029 (Seal and Notai ial Ackaowlcdgintc nt of Telepboile ( 855 ) 283-8106 Surety) L: ca,djitr.A reentrntslTryrtt 21120 City"ide Pavement Repair for Water Projects PW-3.I.docJn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On MAY 22 2020 before me, Angel Nunez, Notary Public Date personally appeared Pietro Micciche Here insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) whose namew 1sfA06 subscribed to the within instrument and acknowledged to me that he/*g(#M executed the same in his/*ijkk authorized capacity(i*f), and that by hi"0Mj ksignature(;4 on the instrument the person(, or the entity upon behalf of which the person(k) 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. �1/ WITNESS my 4 a. ry ANGEL NUNEZ Notary Public • Catifornia Los Angeles County r Commission+ # 2321675 My Comm. Expires Mar 14, 2074 seal. Signature ofWo—tary Public Place Notary Seal Above DP77ONAL 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: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): 7. Partner — [- Limited ElGeneral individual VAttorney in Fact 7 Trustee ❑ Guardian or Conservator .l Other: Signer Is representing: Signer's Name: t. ; Corporate Officer — Title(s): 17, Partner — CI Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator El Other: Signer is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #6907 Bond No:53532 Premium Included In Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement (the "AJ eement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated May 5, 2020, and identified as 2020 Citvwide Pavement Repair for Water Projects, Project No. 71060 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 then and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of lour Hundred Twenty Nine Thousand Twenty dollars (5429,020.00) 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 exceedin- the amount hercinabove 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 bees, 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 May 22nd , 202o. (SEAL) Tryco General Engineering (Contractor) (Signat e) (Sea] and Notarial Acknowledgement of Surety) (SEAL) Western National Mutual Insurance Cornnan (Sure (Signature) Pietro mcciche, Attorney -In -Fact Address-1 0851 N. Black Carryon H N ., Suite 63€7 _..._ Phoenix, AZ 85029 Telephone: ( 855 ) 283-81 Q6 l.;`.ta djtri,A�rernlentclTrycct 2020 Citywide Pavement Repair for Water Projects P'1'4-3.1.doc..in CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer comp#eting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles — ) On MAY 9-1 L020 before me, An Date personally appeared Pietro Micciche el Nunez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono) whose namew is/" subscribed to the within instrument and acknowledged to me that he/,*kjM executed the same in his/,lp)qR"k authorized capacity(?X), and that by his/X"JOKsignature(p) on the instrument the person(), or the entity upon behalf of which the person(6) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing aragraph is true and correct. /� WITNESS my banld man official seal. ANGEL NUNEZ ;= Notary Public California Signature Los Angeles County Commission # 2321675 My Comm. Expires Mar 14, 2024 Place Notary Seal Above of Notary Pubfic QP71ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limilpd El General Individual V Attorney in Fact Trustee Ll Guardian or Conservator Other: Signer Is Representing: Signer's Name: is 1 Corporate Officer — Title(s): 1 Partner — [ I Limited ❑ General I::_i Individual ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator 1A Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • f-800-US NOTARY (1-800-876-6827) Item #5907 WESTRRN NATIONAL ��IC .YAIiM irif Ev'rlj)G'1y 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 Micciche Its true and lawful Attom ey(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 bands, 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 Seven 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 Attomeys-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 23, 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 (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2015_ Jon R. Hebeisen, Secretary Larry A. Byers, Sr. Vice President STATF 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 swom, 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. JENN(FERAYOU NOTARY PUBUG-11INNESOTA MY GOMMISSION EXPIRES 01,31021 9.� '?, � Jennifer A. Young, Notary Public My commission expires January 31,2021 CERTIFICATE 1, 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 board of directors set forth in the Power of Attorney, are now in force_ wSEALA Signed and sealed at the City of Edina, MN this 22nd day of _ __ May 2020 Jennifer A. Young, Assistant Secretary