Performance/Payment Bond Doc#2430550 Bk#3240 Pg*2413
Recorded 8/31i2023 2:02 PM Page I of 9
Bond No.2346021
Executed in 5 Counterparts
Filed and Recorded in Official Records of
Performance Bond MONROE COUNTY KEVIN, MADOK.CPA
CONTRACTOR: SURETY:
(Nance,legal status and adchzs) (Name,legal status and principal place of business)
Aqua Waste Repairs,Inc. Swiss Re Corporate Solutions America Insurance Corporation
3575 Sneed Road
Ft.Pierce,FL 34945 772-461-6228 1200 Main Street,Suite 800
OWNER: Kansas City,MO 64105-2478 816-235-3700
(Name,legal status and add»?ss) This document has important
Board of County Commissioners of Monroe County,Florida legal consequences.Consultation
1100 Simonton Street
The Gato Building,Room 2-205 with an attorney-is encouraged
Key West,FL 33040, 305-453-8787 with respect to its completion or
modification.
CONSTRUCTION CONTRACT Any singular reference to
Date: July 19,2023 Contractor,Surety,Owner or
other party, shall be considered
Amount: $324,000.00 plural where applicable.
This document combines two
Description: Gravity Flow Injection Well Water Quality Improvement Project separate bonds,a Performance
(lame and localion)Canal#278,Big Pine Key,Monroe County,Florida Bond and a Payment Bond,into
one form.This is not a single
combined Performance and
BOND Payment Bond.
Date: August 25,2023
(Not earlier than Conrtr vction Contract bate)
Amount: $324,000.00
Modifications to this Bond: None XiSee Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corpowle Seal
Aqua Waste Repairs,Inc. Swiss Re Corporate Solutions America Insurance Corporation
Signantre 1, Signature:
Name Name Lisa A.Roseland
and Title: and Title: Attorney-in-Fact&Florida Licensed Resident Agent'
(Ark,addilioual signat>n .r appear on the last page of thr Per�brnrarrce Bond)
(FOR INTOLIL4170N ONL)'—Narrre,address and lelephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Florida Surety Bonds,Inc. (Architect,Engineerorolherpait l.) WSP USA Environment&Infrastructure,Inc.
620 N.Wymore Rd. Suite 200 16250 NW 59th Ave.,Suite 206
Maitland,FL 32751 Miami Lakes FL 33014
407-786-7770 314-920-8359
By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers 1
(NASBP) (www.iiasbp.org) makes this form document available to its members, affiliates, and associates in
Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and Payment
Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with an attorney are encouraged before its completion,execution or acceptance.
1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the perfomnance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Constriction 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(honer Default under the Constriction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first pro-rides 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 otheiwise,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.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take
one of the folloxcring actions:
5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Constriction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 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 perfornance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Constriction 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.
G 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.
By arrangement with the American Institute of Architects,the National Association of Suety Bond Producers 2
(NASBP) (wtinv.nasbp.org) makes this form document available to its members, affiliates, and associates in
Microsoft Word fannat for use in the regular course of suety business.NASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment
Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with an attorney are encouraged before its completion,execution or acceptance.
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 shah not be greater than those of the Owner under the Construction Contract.Subject to the cornnnitrnent by
the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.I 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 of the 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.
S 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 111 this Bond conflicting with said statutory or legal requirement
,,hall 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 tinder 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.
§14.5 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.
By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers
(NASBP) (www.nasb-p.or ) makes this form document available to its members, affiliates, and associates in
Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and payment
Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with an attorney are encouraged before its completion,execution or acceptance.
16-Modifications to this bond are as follows:
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES,AND ANY
ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE
NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2)OR SECTION 713.23 FLORIDA STATUTES.
(Space is protided belonfor additionalsi,gnafures of addedpaifies,other 1han those appetniq,g on the cover pale.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers 4
(NASBP) (Aww.nasbi2.org) makes this form document available to its members, affiliates, and associates in
Microsoft Word fonnat for use in the regular course of surety business.NASBP Vouches that file original text of
this document conforms exactly to the text in AIA Document A312-201 0, Performance Bond and Payment
Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with all attorney are encouraged before it:completion,execution or acceptance.
Bond No. 2346021
Executed in 5 Counterparts
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and pzznapal plaace of business)
Aqua Waste Repairs,Inc. Swiss Re Corporate Solutions America Insurance Corporation
3575 Sneed Road 1200 Main Street,Suite 800
Ft.Pierce,FL 34945 772-461-6228 Kansas City,MO 64105-2478 816-235-3700
OWNER:
('Name,legal status and add)zss) This document has important
Board of County Commissioners of Monroe County,Florida legal consequences.Consultation
1100 Simonton Street with an attorney is encouraged
The Gato Building,Room 2-205 with respect to its completion or
Key West,FL 33040, 305-453-8787 modification.
Any singular reference to
CONSTRUCTION CONTRACT Contractor,Surety,Owner or
Date: July 19,2023 other party shall be considered
plural where applicable.
Amount: $324,000.00 This document combines two
separate bonds,a Performance
Description: Bond and a Payment Bond,into
(JNarrze and location)Gravity Flow Injection Well Water Quality Improvement Project form.This is not a single
Canal#278,Big Pine Key,Monroe County,Florida one
combined Performance and
BOND Payment Bond.
Date: August 25,2023
(Not emlier than Constniction Contract Date)
Amount:$324,000.00
Modifications to this Bond: Cl None X See Section 18
i�
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corpornte Sec/�
Aqua Waste Repairs,Inc. Swiss Re Corporate Solutions America Insurance Corporation
Signature: � ^ Signature:
Name Name Lisa A.Roseland
and"Title: and Title: Attorney-in-Fact&Florida Licensed Resident Agent
Airy additional signatures appear on the last page of tllis Payment Borul.)
(FOR INFOXIIATION ONLY—Name,address and teliphorre)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect.Engineer or otherpan)?.)
Florida Surety Bonds,Inc. WSP USA Environment&Infrastructure,Inc.
620 N.Wymore Rd. Suite 200 16250 NW 59th Ave.,Suite 206
Maitland,FL 32751 Miami Lakes,FL 33014
407-786-7770 314-920-8359
By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers 5
(NASBP) (w\vw.nasbp.ore) makes this form document available to its members, affiliates, and associates in
Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and Payment
Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation%vith an attorney are encouraged before its completion,execution or acceptance.
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.
S 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies 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(honer 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.
5 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 dully tendered claim,demand,lien or suit.
5 The Surety's obligations to a Claimant under.this Bond shall arise after the following:
5.1 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).
6 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 Oxmer,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challeriging 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 Surer)-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 mounts 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.
By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers
(NASBP) (www.nasbp.org) makes this form dOCUment available to its members, affiliates, and associates in
Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and Payment
Bond.Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with an attorney are encouraged before its completion,execution or acceptance.
10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of
am-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(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the ininimum 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 XVhen 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.\Xlen 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
S 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 labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 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 of previous 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 entitv 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 labor,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.
By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers 7
(N IASBP) (www.nasbp.or-) makes this form document available to its members, affiliates, and associates in
Microsoft Word fonnat for use in the regular course of surety business.hTASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010,Performance Bond and Payment
Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with an attorney are encouraged before its completion,execution or acceptance.
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:
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES,AND ANY
ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE
NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2)OR SECTION 713.23 FLORIDA STATUTES.
(Space is prooided below for•additional siSnatures of added padier,other than those appearing or:tlae corer page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate See)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
By arrangement with the American Institute of Architects,the National Association of Surety Bond Producers S
(NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and associates in
L Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of
this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment
Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of
its wording and consultation with an attorney are encouraged before its completion,execution or acceptance.
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC")
WESTPORT INSURANCE CORPORATION("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and
having its principal office;in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its
principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint:
JEFFREY W.REICH,SUSAN L.REICH,KIM E.NIV,TERESA L.DURHAM,GLORIA A.RICHARDS,CHERYL A.FOLEY,
LISA A.ROSELAND,EMILY J.GOLE-CKI,SONJA AMANDA FLOREE HARRIS,ROBERT P.O'LINN,NATHAN K.REICH,and SARAH O'LINN
JOINTLY OR SEVERALLY
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 or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWO HUNDRED MILLION(S200,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President.any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant
Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation. and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to anv bond,undertaking or contract of surety to which it is attached."
n„r•,.
.�y�i\Oti5 AhSElrjC4,,, ,o`JS\W0S PREt,{R.,.,"
O:4O�tPORT�2dG," w LORPQkgj<c��sG By `i..,,"° {� • ~
�5 n Erik Janssens,Senior Vice President of SRCSAIC&Senior Vice President
Q; S E tS ,r„_ x'p: •: of SRCSPIC&Senior Vice President of WIC _• •=w;
s o.. V !'�t LLL :cy� =�• gin: _ >
ndSy,P��SSOu O�y.,tZ+,.•` "% 'S f�SSOUR�4.Lac,1 B '•««+••r••
171rI.Zoo, Gerald Jngrawski,Vice President otSRC5:lIC&Vice Prcsideni arSRC.SPIC
&Vice President of WIC
IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22�before me,a Notary Public personally appeared Erik Janssens,Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President of SRCSAIC and Vice President of
SPCSPiC and Vice President of WIC,personally known to me,who being by me duty sworn,acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be die voluntary act and deed of their respective companies.
o�tcw.st✓at.
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I,Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC,which is still in full force and effect.
1N WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 251h day,of August 20 23.
Jeffrey Goldberg,Senior Vice President&
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC