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Performance and Payment Bond This is the front page of the performance/payment bond issued in compliance with Florida Statute 255.05 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S.Chapter 255.05(1)(a) Bond No.: S333206 r Doc#2403205 Bk#3208 Pg#118 Recorded 1/12/2023 9:03 AM Page 1 of 11 Filed and Recorded in Official Records of CONTRACTOR: MONROE COUNTY IEVLN MADOK,CPA Name: American Empire Builders, Inc. Address: 13775 S.W. 145th Court, Suite B, Miami, FL 33186 Phone: (305)261-9276 SURETY(S): Name: NGM Insurance Company Address: 4601 Touchton Road East,Suite 3400,Jacksonville, FL 32246 Phone: (904)380-7282 OWNER: Name: Monroe County Board of County Commissioners Address: 1100 Simonton Street, Key West, FL 33040 Phone: (305)453-8787 Bond Amount: $ 5,260,000.00 Description of Work: Seaview Drive Bridge(#904606)Replacement Project-Duck Key Monroe County, Florida Project Location: Duck Key Monroe County, Florida FRONT RAGE All other Bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be re-printed thereon. Bond No. S333206 Document A312 TM -- 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond • CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) American Empire Builders, Inc. NGM Insurance Company 13775 S.W. 145th Court, Suite B 4601 Touchton Road East, Suite 3400 This document has important legal Jacksonville, FL 32246 consequences.Consultation with Miami, FL 33186 Mailing Address for Notices an attorney is encouraged with respect to its completion or Same as above modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or Monroe CountyBoard of CountyCommissioners other party shall be considered plural where applicable. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: November 15, 2022 Amount:$5,260,000.00 Five Million Two Hundred Sixty Thousand Dollars and 00/100 Description: (Name and location) Seaview Drive Bridge (#904606) Replacement Project- Duck Key Monroe County, Florida BOND Date: January 10, 2023 (Not earlier than Construction Contract Dale) - Amount_$5,266,900.00 Five Million Two Hundred Sixty Thousand Dollars and 00/100 Mooilleptions`to'thisBond: : E None (] Sec Section 16 - - .CONTRACT OR_ -AS PRINCIPAL SURETY = Com y: ( orpor ate Seal) Company: (Corpot ak Sea) American-E • 7 , I c. NGM Insurance Compa =, P Signature: Signature: Name Name Ian A. Nipper and Title: and Title: Attorney-in-Fact Surety Phone No. 904-380-7282 (Any additional signatures appear on the last page of this Pet formance Bond.) (FOR INFORMATION ONLY---Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer or other party:) 15050 NW 79th Court Kisinger Campo&Associates Miami Lakes, FL 33016 201 North Franklin Street,Suite 400 Tampa, FL 33602 305-722-2663 5-1852/AS 8110 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 lithe Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §6.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided In Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-18521AS 8110 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act oldie Surety under Section 5,and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-1852/AS 8/10 la NGM INSURANCE COMPANY POWER OF ATTORNEY A member of The Main Street America Greup KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida,pursuant to Article IV, Section 2 of the By-Laws of said Company,to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby make,constitute and appoint Jarrett Merlucci,Charles D.Nielson,Joseph P.Nielson,David R.Hoover, Charles J.Nielson,Ian A Nipper,Brett Rosenhaus its true and lawful Attorneys-in-fact,to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds,undertakings,recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Ten Million Dollars ($10,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company;the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof; such signature and seal,when so used being hereby adopted by the company as the original signature of such office and the original seal of the company,to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020. NGM INSURANCE COMPANY By: y�`. "c�c��>,,, e2, 192;3 I Kimberly K. Law . %Vice President,General ifilli+- Counsel and Secretary State of Florida, • County of Duval. On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified,came Kimberly K. Law of NGM Insurance Company,to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company;that Article IV,Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville,Florida this 7th day of January, 2020. ri iy?sbue5tam Fiends JL. a a � Pimton C7° I,Nancy Giordano-Ramos,Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is.still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonville,Florida this 10th day of January , 2023 J.144. (1_4(< WARNING:Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITYof the-attached bond please call 1-800-225-5646. TO SUBMIT A CLAIM:Send all correspondence ia55 West Street;Keene,NH 03431 Attn:Bond Claims.. Bond No. S333206 Document A3121M - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) American Empire Builders, Inc. NGM Insurance Company 13775 S.W. 145th Court, Suite B 4601 Touchton Road East, Suite 3400 This document has important legal Jacksonville, FL 32246 consequences.Consultation with Miami, FL 33186 Mailing Address for Notices an attorney is encouraged with respect to its completion or Same as above modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: November 15, 2022 Amount:$5,260,000.00 Five Million Two Hundred Sixty Thousand Dollars and 00/100 Description: (Name and location) Seaview Drive Bridge(#904606) Replacement Project- Duck Key Monroe County, Florida BOND Date: January 10, 2023 (Not earlier than Construction Contract Date) . Amount.$5,260,000.00 Five Million Two Hundred Sixty Thousand Dollars and 00/100 _ - Modifications to.this Bond: [i None ElSee Section 18 _ _= - - _ CONTRACTOR:AS PRINCIPAL ) SURETY ,-r ` = Company: ('Corporate Seal) Company: (Corporate Seal)�'_- - - , v 00 American E-. ,•l�e.B, de J,:c. ,J" /"� NGM Insurance Company ;: ' r. SignatureII: ( i'/7 : / Lf— Signature: k_., a,p,,,,,,. ........_ Name :, Name Ian A. Nipper and Title: 0( and Title: Attorney-in-Fact Surety Phone No. 904-380-7282 (Awry additional signatures appear on the last page of this Payment Bond.) (FOB 1NFOJMA77ON ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer or other party.) 15050 NW 79th Court Kisinger Campo&Associates Miami Lakes, FL 33016 201 North Franklin Street,Suite 400 Tampa, FL 33602 305-722-2663 S-2149/AS 8M0 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 Tithe Contractor promptly makes payment of all sums due to Claimants,and defends,indemnities and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §S If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7,3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work., S-21491AS 8110 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract•is located or after the expiration of one year from the date(1)on Which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.If the provisions of this Paragraph arc void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which Iabor,materials or equipment was furnished for use in the performance of the Construction Contract; .A a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the Iabor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491AS 811 a §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: The provisions and limitations of Section 255.05Florida Statutes, including but not limited to the notice and time limitations in Sections 255.05(2)and 255.05(10).are incorporated in this bond by reference. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-2149/AS 8110 NGM INSURANCE COMPANY POWER OF ATTORNEY A member of The Main Street America Group KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida,pursuant to Article IV, Section 2 of the By-Laws of said Company,to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them. " does hereby make,constitute and appoint Jarrett Merlucci,Charles D.Nielson,Joseph P.Nielson,David R.Hoover, Charles J.Nielson,Ian A Nipper,Brett Rosenhaus its true and lawful Attorneys-in-fact,to make, execute,seal and deliver for and on its behalf,and as its act and deed, bonds,undertakings,recognizances,contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Ten Million Dollars ($10,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company;the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By-Laws and the company seal may be:toeffix,scecr;1‘by facsimile to any power of attorney or special power of attorney or certification of either given for the ecution of any bond,undertaking,recognizance or other written obligation in the nature thereof; such signature andeal,when so used being hereby adopted by the company as the original signature of such office and the originaleal of the company,to be valid and binding upon the company with the same force and effect as though manually afed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vi President, General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020. aargirrnriw NGM INSURANCE COMPANY By: c� d z 1023 Kimberly K. Law Vice President,General ro, ', Counsel and Secretary State of Florida, County of Duval. On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified,came Kimberly K.Law of NGM Insurance Company,to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company;that Article IV,Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at Jacksonville,Florida this 7th day of January, 2020. tfiratirra goa.:11- PLIAAL- ;el '''"6711='"" I,Nancy Giordano-Ramos,Vice President of NGM Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonville,Florida this 10th day of January , 2023 ''s _ _ 1117414 WARNING:Any unauthorized re.prtiduction or alteration>bf this document is prohibited. TO CONFIRM VALIDITY of the attac ied`bond please call 1-800-225-5646. TO SUBMIT A CLAIM:Send all correspondence to 55 West Street,Keene,NH 03431 Attn:Bond Claims.