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HomeMy WebLinkAboutPayment and Performance Bond Doc#2544271 Bk#3381 Pg#2225 Electronically Recorded 5/20/2026 at 1:35 PM Pages 11 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $95.00 This is the front page of the performancelpayment bond issued in cornplianee with Florida Statute 255,05 PERFORMANCE AND PAYMENT BOND (Public Worn) In compliance with F.S.Chapter 255.05(l)(a) Bond No,: 3233439 CONTRACTOR: Navne: LPS Utilities Inc. dBA LPS Contracting Address: 3609 Lily Pond Road,Woodstock, IL 60098 Phone: 816-337-7220 SU TY(S): Name: The Cincinnati Insurance Company Address: P.O.Box 145496,Cincinnati, Obi 45250-5496 Phone: 513-870-2000 OWNER: Name: Monroe County Board of County Commissioners Address: 1100 Simonton Street,The Gato Building,Room 2-205, Key West,FL 33040 Phone: 305-395-9928 Bond Amount: 2,598,392.00 Description of!Fork: Cluck Key Breakwater Repairand Living Shoreline Restoration project, Monroe County,Florida Project Location: Monroe County, Florida FRONT PAGE All other Bond pagc(s)are deemed subsequent to this page regardless of any page numNgs)that may be rc-printed thcrron. Doc.#2544271 Page Number: 2 of 11 Bond No. 3233439 TM DocumentAj �iz - 2040 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR- SURETY: (Wame,legalstatits and address) (Wame,legal status and principal place of business) LIPS Utilities Inc. ®BA LPS Contracting The Cincinnati Insurance Company 3509 Lily Pond Road P.O. Box 145496 This document has Important legal Cincinnati, OH 45250-5496 consequences.Consulletlonvilth Woodstock,IL 60098 Ma Illng Address for Notices an attorney Is encouraged with respect to its cemplatlan or Same as Above modlilcallon. OWNER: Any slingular reference to (Name,legal status and address) Contractor.Surely.Owner or other party shall be considered M 0 rr,WREV RM'OU OWSAIVMSms?W 9' plural where applicable. Key West,FL 33040 CONSTRUCTION CONTRACT Date, February 18, 2026 A—=S 2,598,392.00 Two Million Five Hundred Ninety Eight Thousand Three Hundred Ninety Two Dollars and 00/100 Description: (Nameandloccoon)Duck Key Breakwater Repair and Living Shoreline Restoration Project, Monroe County, Florida BOND Date.. March 9, 2026 (Not earlier than Canstmetion Contract Dam) Amount:S 2,598,392.00 Two Million Five Hundred Ninety Eight Thousand Three Hundred Ninety Two Dollars and 001100 Modifications to this Bond: 0 None El Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company., (Corporate Seal) LPS Utilities Inc. DBA LPS Contracting The Cincinnati Insurance Company A '7 Signature; 44Z SionaluTe: Name Je 1 Name J "ett Meducci and'17itle: Pr-e—f>,de—(L-� amd Title' Atto mey-in-Fact Surety Phone No. 613-870�2000 (Any a4dfilonalsignaatrej appear on the fast page of this Performance Rond.) (FOR INFORMA770N ONLY—Xame.address aid telephone) AGENT or BROK911: OWNER'S REPRESENTATIVE: Acrisure (Archkoct,Ensineer or other party.) 15050 NW 79th Court Miaml Lakes, FIL 33016 305-722-2663 S-1852/ASNIO Doc.#2544271 Page Number: 3 of 11 §'I 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 If the 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 afier .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 performanco.If tha Owner does not request a conference,the Surety may,within live(5)business days after receipt of the Owner's notice.request such a conference.Irthe Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 11 shall be held within ton(10)business days of the Surety's receipt ofthe Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Contstmetion 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,tcrrninate:s the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Beilance 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 lake one of the following actions: g 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 hsclt througb its agents or independent contractors; §6.3 Obtain bids or negotiated proposals from qualified contractors u-ceptable to the Owner for a contract for performance and completion ofthe Construction Contmct,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 issmc d on tho 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 §6.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under rho circumstances: A After investigation,determine the amount for which it may be Gable to the Owner and,as soon as practicable after the amount is dctennhtcd,maW payment to the{%vita,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 oa this Bond seven days after receipt of an additional written notice from the Otvnerto 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 W.without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S.185WAS Win Doc.#2544271 Page Number: 4 of 11 §7 If the Surety elects to act under Section$.l,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 O►vncr under the Construction Contract,Subject to the commitment by the Owner to pay the Balance of the Contract Prise,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correctibn of defective work and completion of the Construction Contract, .2 additional legal,design professional and delay coos resulting from the Contractor's Default,and resulting from the actions or failure to act of die 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-performancc of the Contractor. §8lfthe 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 Ile Surety shall not be liable to the Owner or others for obligations of the Contractor that arc 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 Tim Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §I 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 declarntlon of Contractor Defoult 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 pmhlbited by la►v,the minimum period oflimitation 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 Hotel has been famished to comply with a statutory or other legal requirement in the location Where the construction was to be perforated,any provision in this Bond conflicting with Said statutory Of legal requirement shall be deemed deleted herttfrom and provisions conforming to such statutory or other legal requirement shall be dczmed incorporated herein.When so famished,the intent is that this Bond shall be construed as a statutory bond and not as a common luw bond. 14 Definitions §14.1 Balance of the ContMet Price.The total amount payable by the Owner to the Contractorunder the Construction Contract after all proper adjustments have been ntado,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 alt valid and proper payments made to or on behalf orthe Convactor under the Construction Contract. §14.2 Construction Contract.'11te 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,whicb has not been remedied or waived,to pay the Contractor as required under the Constructinn 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 Chvner and Contractor. §1S irthis Bond is issued for an ogreement between a Contractor and subcontractor,the teem Contractor to this Bond shall be deemed to be Subcontractor and the term Owner shalt be deemed to be Contractor. S•18521AS aria Doc.#2544271 Page Number: 5 of 11 §16 Modifications to this bond are as follows: (Spare Is provided below for additional signatures of Added partles,outer lhan those appealing on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate&vl) Company: Korporare Seal) Signature: Signature: Name and Title: (dame and Title: Ac dmm Addrez S-l8MAS WO Doc.#2544271 Page Number: 6 of 11 THE CINCINNATI INSURANCE COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio,and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Charles J.Nielson;David R.Hoover;Kevin R.Wojtowicz;Charles D.Nielson;Daniel F Oaks;Laura D.Mosholdcr,Don Bramlagc; Jarrett Merlecei;Shawn A.Burton;Edward M.Clark;Jessica 11.Reno;tan A.Nipper;Joseph F.Nielson;Dale Belis: Richard Zimmennan and/or Christian Collins of Miami Lakes,Florida its trite and lawful Atlomey(s)-in-Fact to sign, execute,seal and deliver oa its behalf as Surety,and as its act and deed, any and all bonds, policies, undertakings,or other like instruments,as follows: Any such obligations in the United States,up to Twenty Million and No/100 Dollars($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 61 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of tile.Company at a meeting duly called and held on tine 71'day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on (lie Company." IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal,duly attested by its Vice President this 81°day of March,2017. THE CINCINNATI INSURANCE COMPANY a� SEAL Vice President STATE OF 01-110 COUNTY OF BUTLER } On this 81" day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,to me pm.-onally known to be the;officer dvscrihed herein,and acknowledged that the seal affixed to the;preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were daly affixed and subscribed to said instrument by the authority and direction of said corporation. P YMARK J.H LLER,Attorney at Laves NOTARY PUBLIC-STATE OF OHIO ® ?dry carrimission has no expiration gate,Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY,hereby certify that the above is a true;and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the staid Power of Attorney is still in full force and effect, GIVEN tinder my hand and seal of said Company at Fairfield,Ohio. this 94h day of March 2026. S E LE Secretary 1 .' • ®6ila BN-1005(3117) Doc.#2544271 Page Number: 7 of 11 Bond No. 32934319 TM Document A3A2 - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR* SURETY; (blame,legal slaters and address) (Name,legal stalits and prindpalplace ofbuslness) LPS Utilities Inc. DBA LPS Contracting The Cincinnati Insurance Company 3509 Lily Pond Road P.O. Box 145496 RIS document has Important togas Cincinnati, OH 45250-5496 consequences.Consultation w(th Woodstock,IL 60098 Mailing Address for Notices an attorney Is encouraged with respect to its compr000n or Same as Above modiffeall6n. OWNER: Any d"War reference to (Manse,legal statusand address) Contractor,Surety,Owner or � C Wa f f gg other party shag be ons tdored T greh uingR2.i plural wbora applIcable. ,monO 2-205 Key West, FL 33040 CONSTRUCTION CONTRACT Date; February 18,2026 Amount:S2,598,392.00 Two Million Five Hundred Ninety Eight Thousand Three Hundred Ninety Two Dollars and 00/100 Description: (Maineandlocaflon) Duck Key Breakwater Repair and Living Shoreline Restoration Project, Monroe County,Florida BOND Duto; March 9,2026 (Not earlier than Consinteflon Cantmet Date) Amount,52,598,392.04 W TW ON Five Hundred Ninety Eight Thousand Three Hundred Ninety Tw o Dollars an Madificatims to this Bond: [] None Pq Set,Section 18 CONTRACTOR ASP INCIPAL SURETY Company: (corporate Seal) Company. (Corporate seal) LPS Utilities Inc. DBA LPS Contracting The Cincinnati ln�yrance Company sipatum Z�e Signature: Name Name Jadrett meriucci P'2 and Title: - and Title: Attorney-in-Fact Surety Phone No. 513-870-2000 (Any additional signatures appear on the last page offfils Payne Bond.) (FOR 11*0AVATION ONLY—Alame,address and telephone) AGENT or BROKER: OWNER% REPRESENTATIVE: Acrisure (Airkiloct,Engineer orathorparly) 15050 NW 79th Court Miami Lakes, FL 33016 305-722-2663 S-214VAS 0110 Doc.#2544271 Page Number: 8 of 11 §1 11te 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 fallowingterms. 21f the Contractor promptly makes payment of all sums due to Claunants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,matcrials 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 Ownefs property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Constmrction 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. 6 The Surety's obligations to a Claimant under this Bond shall arise after the folimving: §6.1 Claimants.who do not have a direct contract with the Contractor, .1 have famished o written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materiels were,or equipment w ,famished or supplied or for whom the labor was done or performed,within ninety(90)days after having lust performed labor or last furnished materials or equipment included is the Claim, and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Clairmunts,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 Claimunesobliguliun to furnish a written notice ofnon•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 Ibilure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a 16vaiver of defenses the Surety or Contractor may have or acquire as to a Claim,except w to undisputed amounts for which the Surety and Claimant have reached agreement, If,however,the Surety fulls to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall Indemnify the Claimant for the reasonabie attorney's fees the Claimant incurs Ihcreaftcrto recover any sums found to be due and owing to the Claimant. §R Tire 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 filth by the Surety. §S Amounts owed by the Owner to the Contractor under tho 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 Owners priority to use the funds for the completion of the work. 5-214WAS 8110 Doc.#2544271 Page Number: 9 of 11 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractorthat arc unrelated to the Construction Contract, The Omer shall not be liable for the payment ofany 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(my 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 coder Us Bond outer than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contmct-is located or after the expiration of one year from the dale(1)on which the Claimant sent a Claim to the Surety pursuant to Section$.1.2 or 5.%or(2)as 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(l)or(2)first occurs.If the provisions of this Paragraph arc void or prohibited by laev,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 rho Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual mceiptofnotice or Claims,however accomplished,shalt 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 hcrcfrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,tho intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly fumish a copy of this Bond or shall permit a copy to be made. §16 Definitions §18.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for%vhom the labor%vas done,or materials or equipment furnished; ,3 a copy of the agreement or purchase order pursuantlo which labor,materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of flit tabor,materials or equipment furnished; .6 the date on which the Claimant last performed laboror Jost furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned bythe Clahnant 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 .6 the total mount duo and unpaid to the Claimant for labor,materials or equipment furnished as of the date ofihe Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contraclorto furnish Iabor, materials or equipment for use in the performance of the Construction Contract.Tire term Claimant also includes any individual or entity that has rightfully asserted a Claim under an applicable mcchanlo'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 forperformmtce of the work of the Contractor and the Contractor's subcontractorx,and all other items for which a mechanic's lien may be asserted in tho jurisdiction where the labor,materials or equipment were furnished. §16.3 Construetlon 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. 8-21491As Ito Doc.#2544271 Page Number: 10 of 11 §16.4 nor Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as rcqutwd under the ConstMlioD Contract or to Worm and complete or comply with the other material terms of 1ho Construction Contract. §16.5 Contract Docunnonts.Al I the doctments that comprise the agreement between the Owner and CQntractor. §V 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 arc as follows: and 755;rf 0) nm (Space is provided kelbivfor addielonal signantres of added parties,other than thave opim wring on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea Signature: Signature: Nwne and Title: Name and Title, Address Address 8-21 401AS Oil d Doc.#2544271 Page Number: 11 of 11 THE CINCINNATI INSURANCE COMPANY Fairfield,Olio POWER OF ATTORNEY KNOW ALL.MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio,and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Churtes J.Nielson;David R.Hoover;Kevin R.Woitowicz;Charles D.Nielson,Daniel F.Oaks;Laura D.Mosholder;Don Bminlage; Jamett Merluccs;Shawn A.Hurton;Edward M.Clark,Jessica P.Reno;lan A.Nipper;Joseph 1`.Nielson;Dale Betis; Richard 7immerman and/or Chadian Collins of Miami Lakes,Florida its true and lawful Attorneys)-in-Fact to sign, execute,seal and deliver an its behalf as Surety,and as its act and deed, any and all bonds,policies, undertakings,or other like instruments,as follows: Any such obligations in the United States,up to Twenty Million and No;100 Dollars($20,000,000.00). This appointment is made tinder and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the fi'day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revolve any such appointment or authority.Any such writings so executed by such Attorneys-in- f'act shall be binding; upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7'°day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and scaled and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WIIF.RFOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal,duly attested by its Vice President this gu,day of March, 2017. ag us ems® THE CINCINNATI INSURAM E COMPANY SEAL Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 811, day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,to me personally known to be the officer described hercin,and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation, a MARK J. lI LLER,Attorney at Low NOTARY PUBLIC-STATE OF OHIO My commiealon has no explratlon date.Saction 147.03 O.R.C. 1,the undersigned Secretary or Assistant Secretary of THE,CINCINNATI INSURANCE COMPANY,hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify thir the ,,aid Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield,Ohio. this 9th day of March •2026. Secreimiy A SEAL OHIO ' BN-1005(3117)