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HomeMy WebLinkAboutContracts & Agreements_70-2024PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 16th day of April, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and AME Builders Inc. dba AME Roofing (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: EOC HVAC Replacement & Roofing Replacement, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's EOC HVAC Replacement & Roofing Replacement Project, Project No. FCS01112024KG (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of Four Hundred Twenty -Five Thousand Seven Hundred Six Dollars ($425,706) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within thirty (30) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" from and after the date of City's issuance of a Notice to Proceed to Contractor. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents"). 6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. 1 I:\cmo\Agreements\AME Builders Inc. dba AME Roofing Public Work Construction Contract FY23-0065.docx-ms 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. 2 I:\cmo\Agreements\AME Builders Inc. dba AME Roofing Public Work Construction Contract FY23-0065.docx-ms IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. (SEAL) ATTEST: Donaldson, City Clerk CITY OF By: Eddie Tejeda, Mayor (SEAL) AME BUILDERS INC. DBA AME ROOFING Name of Contractor President Title Signature of Authorized Agent (if necessary) Title 1057266 Contractor's License No. 3 I:\cmo\Agreements\AME Builders Inc. dba AME Roofing Public Work Construction Contract FY23-0065.docx-ms WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Fire Department EOC HVAC Replacement and Roofing Replacement FCS01112024KG Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code *1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Dated this 10th day of April , 2024. AME Builders 1 President (SEAL) 41•4 actor) /— ature) (Official Title) n Seo (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) 4 I:1cmo\Agreements\AME Builders Inc. dba AME Roofing Public Work Construction Contract FY23-0065.docx-ms EXECUTED 2 ORIGINAL COUNTERPARTS BOND NUMBER: 7901181374 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and AME Builders Inc. dba AME Roofing (hereinafter designated as "Principal") have entered into an agreement dated April 16, 2024 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as EOC HVAC Replacement and Rooting Replacement and is hereby referred to and made a part hereof; and • Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, AME Builders Inc. dba AME Roofing, as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Twenty -Five Thousand Seven Hundred Six Dollars ($425,706) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: 1. Complete the Work in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, 5 LlcmolAgreements\AME Builders Inc. dba AME Roofing Public Work Constriction Contract FY23-0065.docx-ms but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on APRIL 9TH , 2024. AME BUILDERS, INC. (SEAL) NATIONWIDE MUTUAL I BY: nature) Dow Seat Pnfi'c(ot` /7 (Signature Address: 534 E. BADILLO ST. COVINA, CA 91723 (Seal and Notarial Acknowledgment of Telephone ( ) 626-859-1000 Surety) 6 I:1cmo\AgrcementsAME Builders Inc. dba AME Roofing Public Work Construction Contract FY23-0065_docx-ms (SEAL) PANY VIN VEGA, ATTORNEY -in -FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On _ 04/10/2024 before me, Date personally appeared Hyun Ho Phillip Goo. Notary Public Here Insert Name and Title of the Officer Don Seo Name(e) of Signer(e) who proved to me on the basis of satisfactory evidence to be the person('s) whose nameK ism, subscribed to the within instrument and acknowledged to me that he/the/they executed the same in his/her/their authorized capacity(tes), and that by his/her/their signatureK on the instrument the personas), or the entity upon behalf of which the person() acted, executed the instrument. HYUN HO PHILIP GOO e. y ..� COMM,# 2413448 tn Olt U NOTARY PUBUC•CAUFORNIA Cos ANOEIES COUNTY "' My COMM. ExP. SEP. ti, 2028" Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici Signature OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages:.., Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner --• 0 Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator 1:1 Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National NNotary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) 4Item #5907 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual insurance Company, an Ohio corporation hereinafter referred to severally as the `Company" and collectively as "the Companies" does hereby make, constitute and appoint; PHILIP E VEGA, MYRNA F SMITH, KEVIN VEGA, BRITTON CHRISTIANSEN each In their individual capacity, Its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of simitar nature, In penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby ts, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognlzances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." • "RESOLVED FURTHER, that such attorneys -In -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents," This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign ar attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company In addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, ar other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personalty known to be the officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly swom, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto Is the corporate seal of said Company, and the said corporate seat and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. stephanio Rubino McArthur Notary Public, state of New Yak No.02MC627011r Nuallaad In NOW York County Commission E>Spire9 October 19, 2024 Nobly Puats My Cu IsN 5 xplras October CERTIFICATE I, Laura 8. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing Is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that, said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duty elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 90h day of April 2024 Assistant Secretary DDJ 1(08-21)00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES } } ss. On April 9th, 2024 before me, personally appeared } Philip Vega, Notary Public Here Insert Name and Title of the Officer Kevin Vega, Attorney -in -Fact Name(s) of Signer(s) sy�f PHILIP VEGA Notary Public - California i Los Angeles County / Commission # 2327592 My Comm. Expires May 31, 2024 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici seal. Signature: OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and reattachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: re or Notary Public vent fraudulent removal Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner - C7 Limited ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Tttle(s): ❑ General Signer is Representing: Right Thumbprint of Signer Top of Thumb here Signer's Name: ❑ Individual D Corporate Officer Title(s): ❑ Partner - 0 Limited ❑ General D Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Right Thumbprint of Signer Top of thumb here CAIDDl02000.50111110151761.2 22 (UPDATED: 01-19) EXECUTED IN 2 ORIGINAL COUNTERPARTS BOND NUMBER: 7901181374 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and AME Builders Inc. dba AME Roofing (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated April 16, 2024, and identified as EOC HVAC Replacement and Roofing Replacement is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of Califomia. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum Four Hundred Twenty - Five Thousand Seven Hundred Six Dollars ($425,706) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any mariner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on APRIL 9TH , 2024. (SEAL) (SEAL) AME BUILDERS, INC. (-( (Seal and Notarial Acknowledgement of Surety) NATIONWIDE MUTUAL BY: E CO ANY rg'- n t re) DOA So l Qt'e. Q Signature f J A, ATTORNEY -in -FACT Address: 534 E. BADILLO ST. COVINA, CA 91723 Telephone: ( ) 626-859-1000 7 I:1cmoWgreements\AME Builders Inc. dba AME Roofing Public Work Construction Contract FY23-0065.docx•ms CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ Los Angeles On 04/10/2024 before me, Date Hyun Ho Phillip Goo, Notary Public Here Insert Name and Title of the Officer personally appeared Don Seo Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names is/age, subscribed to the within instrument and acknowledged to me that he/fie/they executed the same In his/her/their authorized capacity(iee), and that by his/her/tiveir signatureK on the instrument the person s), or the entity upon behalf of which the person(Is) acted, executed the instrument. HYUN HO PHILLIP GOOD COMM.# 2413446 NOTARY PURLIC•CWIIFCRNIA Los ANGELES COUNTY MY COMM, EAP, SEP,17, 2026 "` __;h..• Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and offici: eai I. Signature Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name. ❑ Corporate Officer — Title(s): ❑ Partner — D Limited ❑ General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer's Name: ❑ Corporate Officer — Titie(s)• ❑ Partner — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary,org-•y1-800-US NOTARY (1-800-876-6827) Item #5907 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: • PHILIP E VEGA, MYRNA F SMITH, KEVIN VEGA, ERITTON CHRISTIANSEN each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, In penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attomey Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums. undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke. with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitatione of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers In connection with the operation of the business of the company In addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, ar other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. •SEAL/ Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto Is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubrno Mea:that Notary Public, State of New Yak No.02MC6270117 Qualified le New York County CommbiIon exr kcnOctober 19, 2024 My Alefite9444444t. M445/6—* Nolry Puck Oaaapplr19 2024 CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the Bald instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 9th day of April , 2024 Assistant Secretary BDJ 1(08-21)00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES } } ss. On April 9th. 2024 before me, personally appeared } Philip Vega, Notary Public Here Insert Name and Title of the Officer Kevin Vega, Attorney -in -Fact Name(s) of Signer(s) PHILIP VEGA Notary Public - California Los Angeles County Commission # 2327592 My Comm. Expires May 31, 2024 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Sig Though the information below 1s not required by law, it may prove valuable to persons relying on the document and co and reattachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: Notary Public audulent removal Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited 0 General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ,Right Thumbprint of Slaner Too of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - 0 Limited ❑ General ❑ Attorney in Fact Right Thumbprint of Signer ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here CAIDD102000.50111110151761.2 22 (UPDATED: 01-19)