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HomeMy WebLinkAboutPayment and Performance Bond Doc#2545467 Bk#3383 Pg#1573 Electronically Recorded 6/1/2026 at 12:05 PM Pages 10 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $86.50 This is the front page of the performance/payment bond issued in compliance with Florida Statute 255.05 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S.Chapter 255.05(1)(a) Bond No.: SURU2210012098 CONTRACTOR: Name: Keystar, Inc. Address: 5450 Macdonald Avenue, Suite 3, Key West, FL 33040 Phone: 305-360-0802 SURETY($): Name: Ascot Surety&Casualty Company Address: 1020 Highland Colony Parkway, Suite 700 , Ridgeland, MS 39157 Phone: 646-356-8101 OWNER: Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street, Key West, FL 33040 Phone: 305-292-4464 Bond Amount: $ 1,527,842.76 Description of Work: Cudjoe Key Transfer Station New Storage Building Project Location: Monroe County, FL FRONT PAGE All other Bond page(s)are deemed subsequent to this page regardless of any page numbcr(s)that may be rc-printed thcreon. Doc.#2545467 Page Number: 2 of 10 Bond No. SURU2210012098 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal slants and address) (Name,legal slaws and principal place of n9uslness) Keystar, Inc. Ascot Surety&Casualty Company 5450 Macdonald Avenue, Suite 3 1020 Highland Colony Parkway, Suite 700 This document has Important legal Ridgeland, MS 39157 consequences.Consultation with Key West, FL 33040 Mailing Address for Notices an attorney is encouraged with respect to its completion or 1020 Highland Colony Parkway, Suite 700 modlficatlon. OWNER: Rdigeland, MS 39157 Any singular reference to (Mayne,legal slants and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: May 20, 2026 Amount:S 1,527,842.76 One Million Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars and 761100 Description: (Naneand location)Cudjoe Key Transfer Station New Storage Building, Monroe County, FL BOND Date: May 29, 2026 (Not earlier than Construction Contract Date) Amount:$1,527,842.76 One Million Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars and 76/100 Modifications to this Bond: ® None ❑ See Section 16 i j5 1 11 e CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Keystar, Inc. Ascot Surety&Casua Comp r;SEA i /,YA ' c) zo2. - Sitrnahi ! Signature: Name i ,' � :. ri ���',c Name Ian Nipper t p Attorney-in-Fact&FL Resident Agent and'1'itle: (. ` r , and Title: (Any additional signatures appear on the last page of this Pwfonnance Band) (FOR INFOILNATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Ac rl s u re (Architect,Engineer or other parry.) 15050 NW 79th Court,#200 Miami Lakes, FL 33016 (305)722-2669 S-18521AS 8110 Doc.#2545467 Page Number: 3 of 10 §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 If the Contractor performs the Construction Contract,the Surely 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 O%vner,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. §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 following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 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 Conlract,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 alter 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 Owncr 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. 8-1852/AS 8/10 Doc.#2545467 Page Number: 4 of 10 §71f the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities or 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 Ovner 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.Concoction 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. §81f 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 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 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 ccascd 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 O%vricr or the Contractor shall be mailed or delivered to the address shown on the page on which theirsignature 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 Deflnitlons §14.1 Balance of the Contract Price.The total amount payable by the Owner to rite 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 behal rorthe 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 mid 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 ror 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 Doc.#2545467 Page Number: 5 of 10 §16 Modifications to this bond are as rollows: (Space is p»ovided belmv for additlonal signatrrr°es of added parties,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Cvporate Seal) Signature: N/A Signature: N/A Name and Title: Name and Title: Address Address S-1 SWAS 8/10 Doc.#2545467 Page Number: 6 of 10 Bond No. SURU2210012098 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Ya►ue,legal status and address) (Nacre,legal status and principal place of business) Keystar, Inc. Ascot Surety&Casualty Company 1020 Highland Colony Parkway,Suite 700 This document has important legal 5450 Macdonald Avenue, Suite 3 Ridgeland, MS 39157 consequences.Consultation with Key West, FL 33040 Mailing Address for Notices an attorney is encouraged with respect to Its completion or 1020 Highland Colony Parkway, Suite 700 modlgcalldn. OWNER: Rdigeland, MS 39157 Any singular reference to (Nance,legal status and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: May 20, 2026 Amount:S 1,527,842.76 One Million Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars and 76/100 Description: (Natneandlocation) Cudjoe Key Transfer Station New Storage Building, Monroe County, FL BOND Date: May 29, 2026 (Not earlier than Constniction Contract Date) Amount:S 1,527,842.76 On� �18n0 Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars Modifications to this Bond: ❑ None ® See Section 18 &CASU CONTRACTOR AS PRINCIPAL SURETY �� �QQ"sp {> •e Company: (Corporate Seal) Company: (Corporate Seal)) O SEAL 2 Keystar, Inc. Ascot Surety& Casualtmpan 2021 - Signatu Signature: �_• - '", ,',,• Name Name Ian Nipper and Title: f - ,: c and Title: Attorney-in-Fact&FL Resident Agent (Any additional signatures appear on(lie last page of this Payment Bond.) (FOR INFO&VATION ONLY—Naine,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Acrisu re (Architect,Engineer or other party:) 15050 NW 79th Court,#200 Miami Lakes, FL 33016 (305)722-2669 S-21491AS 8110 Doc.#2545467 Page Number: 7 of 10 §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 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 it there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner L 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 o f 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. §6 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 fumished a written notice ofnon-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). §6.2 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 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-2149/AS 8110 Doc.#2545467 Page Number: 8 of 10 §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 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 cdinpelent jurisdiction in the state in which the project that is the subject of tho 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 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 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; .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 of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment famished 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,beat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required forperformance of the ivork 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 famished. §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•2149lAS 8110 Doc.#2545467 Page Number: 9 of 10 §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 terns of the Construction Contract. §16.6 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 Modirications to this bond are as follows: The provisions and limitations of Section 255.05, Florida 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 partles,other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: N/A Signature: N/A Name and Title: Name and Title: Address Address S-21491AS 8/10 Doc.#2545467 Page Number: 10 of 10 Ascot Surety&Casualty Company Ascot Insurance Company 1020 Highland Colony Parkway, Suite 700 Ridgeland, MS 39157 Power of Attorney KNOW ALL MEN BY THE PRESENTS: That Ascot Surety&Casualty Company and Ascot Insurance Company,each a corporation organized and existing under the laws of the State of Colorado(the"Companies"),do hereby constitute and appoint: Brett Rosenhaus, Charles Nielson,Charles Nielson,Jr.,Christian Collins, Dale Bellis, Devin Phillips, Donald Bramlage, Eduardo Menendez, Ian Nipper,Jarrett Merlucci,Jessica Reno,Joseph Nielson, Kevin Wojtowicz, Matthew Smith,Michael Megahan, Michael Moyer, Robert Benson, Robert Bond,Shawn Burton,Taylor Rosenhaus,and William Parker of Miami Lakes, FL (city,state)and each its true and lawful Attorney(s)-in-Fact,with full authority to sign,execute,seal,acknowledge and deliver for, and on its behalf,and as its act and deed any place within the United States, or,if the following line is filled in, only within the area and up to the amount therein designated, any and all bonds, undertakings, recognizances,and other contracts of indemnity or writings obligatory in the nature thereof, issued in the course of its surety business,and to bond the Companies as follows: Any such obligations in the United States not to exceed$100,000,000.00. The Companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority Resolutions adopted by the Board of Directors of the Companies,which resolutions are still in effect: RESOLVED,that any of the Chief Executive Office,the Chief Operating Officer or the Chief Underwriting Officer,acting in conjunction with the head of the surety business line for the Corporation(each an Authorized Individual"and,collectively,the Authorized Individuals").are authorized to jointly appoint one or more attorneys-in-fact to represent and act for and on behalf of the Corporation in the transaction of the Corporation's surety business to execute(under the common seal of the Corporation if appropriate)bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof: RESOLVED,that in conjunction with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto(electronic or otherwise)by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seals(electronic or otherwise)shall be valid and bonding upon the Corporation when so affixed with respect to any bond,undertaking,recognizance or tother contract of indemnity or writing obligatory in the nature thereof; RESOLVED,that in connection with the Corporation's transaction of surety business,the facsimile electronic or mechanically reproduced signature of any Authorized Individual,whether made heretofore or hereafter,whenever appearing upon a copy of any Power of Attorney of the Corporation,with signatures affixed as next above noted,shall be valid and binding upon the Corporation with the same force and effect as though manually affixed IN WITNESS WHEREOF,the Companies have caused these presents with the respective corporate seals and to be executed by the individuals named below who are duly authorized and empowered to execute the Power of Attorney on the Companies'behalf,this 13th day of March 2025. ASCOT SURETY&CASUALTY COMPANY ASCOT INSURANCE COMPANY SEAL ;`SE 2021 a�.= I Matthew Conrad Kramer(Chief Executive Officer) ra North(ExeA tive Vice President,Surety) STATE OF CONNECTICUT ) COUNTY OF FAIRFIELD )ss. On this 13th day of March 2025,before me came the above named Chief Executive Officer of each Ascot Surety&Casualty Company and Ascot Insurance Company and the head of the surety business line for each of Ascot Surety&Casualty Company and Ascot Insurance Company,to me personally known to be the individuals described herein,and acknowledged that the seals affixed to the preceding instrument and the corporate seals of each Ascot Surety& Casualty Company and Ascot Insurance Company,and that the said corporate seals and signatures were duly affixed and subscribed to said instrument by the authority and direction of said Companies KSENIA E.GUSEVA NOTARY PUBLIC STATE OF CONNECTICUT Notary Public Ksenia E Guseva My Commission Expires June 30,2029 My commission expires on June 30,2029 I,the undersigned Secretary of the Company,do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Directors of the Companies,and the Power of Attorney issued pursuant thereto,are true and correct,and further certify that both the Resolution and the Power of Attorney are still in full force and effect. This Certificate may be signed by facsimile under and by the authority of the following resolution of the Board of Directors of the Companies. RESOLVED,that in connection with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto(electronic or otherwise)by facsimile and any such Power of Attorney of certificate bearing such facsimile signatures or facsimile seal(electronic or otherwise)shall be valid and binding upon the Corporation when so affixed with respect to any bond,undertaking,recognizances or other contract of indemnity or writing obligatory in the nature thereof; IN WITNESS WHEREOF; I have hereunto set my hand and affixed the seal of the Companies,this 29th day of May ,20 26 . ASCOT SURETY&CASUALTY COMPANY ASCOT INSURANCE COMPANY John GII,.Secretary All Claims Notices should be sent to Ascot Group, 1020 Highland Colony Parkway,Suite 700,Ridgeland,MS 39157: Attention Surety Claims suretvclaims&sQtgroup.com