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HomeMy WebLinkAboutContract #: 1883 - From: 07-24-2025 To: 12-29-2025 - T Ford Company, Inc. - DPW SECTION 00520 CONSTRUCTION CONTRACT CONTRACT NO. � VENDOR NO. PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE TOWN OF NORTH ANDOVER SAMPLE CONTRACT THIS CONTRACT made and entered into this_day of �(44 20�?5 by and between "T&Qb ih PAAJY At, a domestic profit corporation duly authorized by law and having a principal place of business at hereinafter called "CONTRACTOR", and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located in Essex County and Commonwealth of Massachusetts, acting by and through its Commissioner of Public Works. JV'LA WHEREAS,the TOWN issued its Invitation for Bids for bOAT LACtAla ; and WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform such services for the TOWN; and WHEREAS,the TOWN has accepted the CONTRACTOR'S offer. NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The CONTRACTOR agrees that it will furnish all equipment, labor, plant, materials, and components, installing all systems and appurtenances, and performing all work shown on the Drawings and described in the Specifications of the North Lake Cochichewick Boat Launch project, as directed by the Town, during the period commencing upon execution and terminating JA2AJAS and will perform such work in a good workmanlike manner. As per the terms of the Invita ion for Bids, the work must be substantially complete within 90 calendar days from and including issuance of a notice to proceed. Construction shall be finally complete within 150 calendar days from and including issuance of a notice to proceed. Time is of the essence for this Contract.Any extensions of time must be in writing and are at the sole discretion of the TOWN. -2- The Invitation for Bid,the Specifications,the Bid,all required Certifications,all Insurance Binders, and the Schedule of Minimum Wage Rates, as established by the Director of the Department of CONSTRUCTION CONTRACT 00520-1 Labor Standards in the Executive Office of Labor and Workforce Development, are incorporated herein and made a part of this CONTRACT. -3- Total payments under this CONTRACT shall not exceed $ Q 7 it � �� w.This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice,so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department.Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract. -5- The CONTRACTOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- The work to be done under this CONTRACT, including all the necessary labor, equipment, tools, appliances and materials in connection therewith must, in all respects, notwithstanding any provision herein to the contrary or inconsistent therewith, meet with the approval of the said Facilities Director. The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing.The CONTRACTOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. -7- No laborer, workman or mechanic, working within the Commonwealth, in the employ of the CONTRACTOR, or any subcontractor authorized under this CONTRACT shall, in connection with the work to be done under this CONTRACT, be required or requested to work more than eight (8) hours in any one (1) calendar day, or more than forty-eight (48) hours in any one (1) week, except in cases of extraordinary emergency, unless otherwise provided by law. -8- The CONTRACTOR shall at all times during the Contract maintain in full force and effect Employer's Liability,Worker's Compensation (MGL c.152), Public Liability, and Property Damage CONSTRUCTION CONTRACT 00520-2 Insurance, including contractual liability coverage. All insurance shall be for policy limits acceptable to the TOWN; all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencement of work hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s)of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder,thirty (30) days prior written notice will be given the certificate holder. Where notice is not provided by CONTRACTOR's insurer, the notice will be provided by the CONTRACTOR."The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. Refer to the General Conditions and Supplemental Conditions for insurance requirement limits. -9- It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the CONTRACTOR'S performance or non-performance of the CONTRACT. To the full extent permitted by law, no official, employee, agent or representative of the TOWN of North Andover shall be individually or personally liable on any obligation of the TOWN under this Contract. -10- The CONTRACTOR agrees that the cost of Liquidated Damages shall be a fixed amount of ONE THOUSAND and 00/100 DOLLARS ($1,000.00) for each consecutive calendar day the CONTRACTOR is in default of the Time for Completion condition for this contract. -11- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the CONTRACTOR is cognizant thereof.Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof.This paragraph shall not be construed to limit any other legal rights of the parties. -12- CONSTRUCTION CONTRACT 00520-3 The CONTRACTOR agrees to comply with all the provisions of General Laws,Chapter 30,Sections 39M and 39N, and Chapter 149, Sections 26 and 27, and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein, and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. The said CONTRACTOR agrees to pay the Wage Scale, as established by the Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development, a copy of which was provided with the Invitation for Bids and the CONTRACTOR further agrees that, in the event that there are to be employees of classifications other than those specifically stated herein engaged in the work to be performed under this CONTRACT,to submit a list of the additional classifications of those to be employed to the said Facilities Director, and the said CONTRACTOR agrees that it will pay the Schedule of Wages, as determined by the said Director of the Department of Labor Standards in the Executive Office of Labor and Workforce Development,under the provisions of General Laws, Chapter 149,Section 27,and the amendments thereto. -13- The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.1S1, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The CONTRACTOR will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c.149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The CONTRACTOR will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the information described in General Laws c.149, §27B. -14- The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.1S1B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The CONTRACTOR shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted,discharged or otherwise subject to discrimination in the tenure,position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. CONSTRUCTION CONTRACT 00520-4 -15- The CONTRACTOR shall give its personal attention constantly to the faithful performance of the work and shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility,obligation,duty or interest under this Contract without the written approval of the TOWN. Any subcontract entered into by the CONTRACTOR for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the TOWN and shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the CONTRACTOR from any duty,obligation,responsibility or liability arising under this Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. -16- This Contract shall not be in force until the CONTRACTOR has executed and delivered to the TOWN and until the TOWN has accepted a Payment Bond in the amount of fifty(50%) percent of the contract price. The Payment Bond shall be secured by and paid for by the CONTRACTOR and shall be issued by a Surety Company satisfactory to the Commissioner of Public Works. Any filed or non-filed subcontractor is also required to post a payment bond based on fifty(50%) percent of their filed or non-filed sub-bid. -17- It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen (14) days'written notice to the other party, sent by certified mail, to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause.To the full extent permitted by law, no official, employee, agent, or representative of the TOWN shall be individually or personally liable on any obligation of the TOWN under this contract. -18- The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union,committee, club or other organization, entity,or group of individuals. -19- It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager,TOWN Accountant, and Purchasing Agent prior to release of final payment CONSTRUCTION CONTRACT 00520-5 under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -20- The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -21- All fees for permits or licenses required for this project by the TOWN,or any other agency,shall be an expense of the CONTRACTOR and shall not be waived(I believe we do waive Town fees for Town projects). -22- Notwithstanding anything in the Contract documents to the contrary,any and all payments which the TOWN is required to make under this Contract shall be subject to appropriation or other availability of funds by the TOWN Accountant.The TOWN may immediately terminate or suspend this CONTRACT without liability on the part of the TOWN for damages,penalties or other charges in the event the appropriation funding this CONTRACT is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this CONTRACT. -23- This contract is only binding upon,and enforceable against the TOWN if: 1)the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form. At any time during normal business hours, and as often as the TOWN may deem it reasonably necessary, there shall be available in the office of the CONTRACTOR for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -24- This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment. -25- CONSTRUCTION CONTRACT 00520-6 Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the CONTRACTOR shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN of North Andover by being sent to the TOWN Manager,TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845. IN WITNESS WHEREOF,the CONTRACTORS and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. PPRQV CONTRACTORS, m" By OWN Manager, orth n over Fed.I.D. or Social ..ecurity No. APPROVED AS TO FORM: TOWN OF NORT ND R Christine P. O'Connor TOWN Counsel Department Head —n M\�as— TOWN Aw�cauntant Date: CONSTRUCTION CONTRACT 52 ®7 TFORDCO-01 MV RT NTE '4C�oRo CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) s/2612zsr2o25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#1780862 CONTACT Megan Pinkham _ NAME: HUB International New England PHONE FAX 222 Milliken Boulevard (A/C,No,Ext):(978)661-6905 (NC,No):(978)642-7996 Fall River,MA 02721 A®RLEss:megan.pinkham(phubintemational.com INSURER(S)AFFORDING COVERAGE _NAIC# _.. INSURER A:Nautilus Insurance_Company_ 17370- INSURED INSURER.6_:Great Divide InsuranCe Company 25224 _ T Ford Company,Inc. INSURER C;Aspe_in American Insurance Company 43460 124 Tenney Street INSURER D Georgetown,MA 01833 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH URRENCE $ 2,000,000 S CLAIM E [ XOCCUR ECP2041449-11 10/1/2024 10/1/2025 DAMAGE TO RENTED 300,000 L...__� X PREMISES(Ee_occurrence) $ __- MED EXP(Any one person)- $ 10,000- PERSONAL&.ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE $ 4,000 000 rr pp CC -- X .ICY sT �._ _J L PRCYDUCTS•COMP/OP AGG $ 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea acci dent)INGLE LIMIT $ 1,040,000 X ANY AUTO X MAA2041451-11 10/1/2024 10/1/2025 BODILY INJURY(Per person) $ AURRTODo ONLY ----. AUTOS SCHEDULED BODILY INJURY tPer ace$IeM $ - 1,000,000 X__ PH,UTmS ONLY X AUOT-SrLY (�eOPERTYt}___.AGE A _ UMBRELLA LJAB _XOCCUR + EACH OCCURRENCE ---- $ --. 10,000,000 X-- ®�ESSLIARETENTIION$ CLAIM,.,- DE X FFX2041450-11 10/1/2024 10/1/2025 I AGGREGATE-_-- Aggregate $ 10,000,000 B �N�EMPLt)YERs COMPENSATION LIABILITY YIN X STATUTE_1ER _ WCA2041452-11 10/1/2024 10/1/2025 1,000 000 ANY PROPRIETOR/PARTNERIEXECUTIVE E L.EACH AGCiDENT $ %�FFICEI BER EXCLUDED? 1 N i A ..... 1000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ ' If y ,describe lender — - - , - DESCRIPTION OF OPERATIONS below E L.DISEASE- ICY LIMIT $ 1,O110000 A Pollution/Prof ECP2041449-11 1O/1/2024 10/1/2025 Per Claim 2,000,000 C Equipment Floater �IMOOJCD24 10/1/2024 10/1/2025 Per Leased Item 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS®VEHICLES (ACORD 101 Additional Remarks Schedule,may be aNached it more space Is ) Re:Lake Cochichewick Boat Launch-North Andover,MA Town of North Andover and Apex Companies,LLC(Environmental Partners Group,LLC)are included as additional insured on the General Liability including ongoing and completed operations,Automobile Liability and Excess Liability policies,per policy provisions,as required by written contract executed prior to a loss or claim.Notice of cancellation provision is 30 days,except 10 days applies for non-payment of premium to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE wn of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN To To Main Street,Town ACCORDANCE WITH THE POLICY PROVISIONS. North Andover,MA 01845 AUTHORRED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PAYMENT BOND Bond No. 012215701 KNOW ALL MEN BY THESE PRESENTS,that we T. Ford Company, Inc. with a place of business at 124 Tenney Street, Georgetown, MA 01833 as Principal(the "Principal"),and The Ohio Casualty Insurance Company a corporation qualified to do business in the Commonwealth of Massachusetts,with a place of business at 175 Berkeley Street, Boston, MA 02117 as Surety(the "Surety"),are held and firmly bound unto the Town of North Andover,Massachusetts as Obligee(the Four Hundred Twenty Three Thousand Seven Hundred Twenty Two and 50/100 "Obligee"), in the sum of lawful money of the United States of America,to be paid to the Obligee,for which payment,well and truly to be made,we bind ourselves,our respective heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has assumed and made a contract with the Obligee,bearing the date of for the construction of North Lake Cochichewick Boat Launch,North Andover,MA NOW,THE CONDITIONS of this obligation are such that if the Principal and all subcontractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications,alterations,extensions of time,changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications,alterations,extensions of time,changes or additions being hereby waived,the foregoing to include,but not be limited to,any other purposes or items set out in,and to be subject to,the provisions of Massachusetts General Laws,Chapter 30, Section 39M,and Chapter 149,Section 29,as amended then this obligation shall become null and void; otherwise,it shall remain in full force and virtue. IN WITNESS WHEREFORE,the Principal and Surety have hereto set their hands and seals this day of PRINCIPAL SURETY T.Ford Company Inc. The Ohio Casualty Insurance Company p [Name and Seal] , � 1 [Attorney-in-fact] [Seal] Donna M.Robie 175 Berkeley Street,Boston,MA 02117 ^ [Title] [Address] 800-647-1113 Attest: �' µ — " [Phone] Attest: CONSTRUCTION CONTRACT 00520-11 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8212855-969079 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a Corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Christina D. Hickey,Donna M.Robie,Ellen J.Young,Frank J.Smith,Tara L.Clifford all of the city of Northborough state of MA each individually if there be more than one named,its true and lawful attomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of December 2024 Liberty Mutual Insurance Company P�tNSID pytV INS& 1 UR NS4 The Ohio Casualty Insurance Company AJ 0­ y0 yJ �oaPO�r�y `VP ooaP0 y& West American Insurance Company J 3 Fo Q 3 Fo 1912 n 0 1919 0 1991 � �ly0,'1f ai Y'a d $y s a RA('1 2 il B,cH�S aa 'NAMVS`",aa� �(s vNniANP ,da •C L)s,, * *� �yi * *� ,•,N * *� By: g Co _ Nathan J.Zangerle,Assistant Secretary Cr ro State of PENNSYLVANIA — :3 County of MONTGOMERY ss O E .� On this 17th day of December , 2024 before me personally appeared Nathan J.Zangede,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a> o io Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > 3 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. Q 5 C VI a0 Q$SpNryg.ref Commonwealth of Pennsylvania-Notary Seal N O sty up` '$r 9 Teresa Pastella,Notary Public a),— Montgomery County My commission expires March 28,2025 B O N O N 4P Commission number 1126044 y ... Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public Q O i-V�' N �FN O C) ? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 op o•� Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: O M a ARTICLE IV—OFFICERS:Section 12.Power of Attorney. `o O° m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the-a— L) President may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety @_ co> r- any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fad,subject to the limitations set forth in their respective powers of attomey,shall a cc .� have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o W ZL) instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. U_M ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J.Zangede, Assistant Secretary to appoint such adomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 2025 P� 1NSU. Pit`( INS& 1NSU� J�oavo�r�n� vg 3ooRPo�r�o ym � ?oo o�rFo c� 1912 ° 1919 Q s 1991 By, _4cHua`fiaa °�NAMPs``as le 'NotAM► dL Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/24