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HomeMy WebLinkAboutContract 58791-FP158791-FP1 City Secretary 58791 Contract No. FORT WORTH® Date Received 04/22/2024 NOTICE OF PROJECT COMPLETION (Developer Projects) 04/22/24 The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: Ventana Ph.6B City Project No.: 103677 Improvement Type(s): Z Paving ❑x Drainage CIStreet Lights ❑ Traffic Signals Original Contract Price: $954,717.00 Amount of Approved Change Order(s): Revised Contract Amount: Total Cost of Work Complete: $954,717.00 Jacob D. Getewood iApr 19, 2024 11(07 CYR Contractor Manager Title Conatser Construction Company Name Mall- Cain Matt Cain (Apr 19, 2024 12:12 CDT) Project Inspector /a-6'•'J Apr 19, 2024 Date Apr 19, 2024 Date Apr 22, 2024 Project Manager Date Apr 22, 2024 Rebecca (Doyen (Apr 22, 2024 09:53 CDT: CFA Manager Atrisacoan Lauren Pdeu: 44: 22, 2024 0954 CDT) TPW Director Date Apr 22, 2024 Date Apr 22, 2024 Asst. City Manager Date n..,... A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Notice of Project Completion Project Name: Ventana Ph.6B City Project No.: 103677 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑ Yes ❑x N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time 120 WD Work Start Date: 7/10/2023 Days Charged: 159 Work Complete Date: 3/26/2024 Completed number of Soil Lab Test: 341 Completed number of Water Test: 9 Page2of2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name VENTANA PHASE 6B Contract Limits Project Type DRAINAGE & PAVING City Project Numbers 103677 DOE Number 3677 Estimate Number 1 Payment Number 1 City Secretary Contract Number Contract Date Project Manager NA Contractor Inspectors For Period Ending 3/26/2024 WD Contract Time 12WD Days Charged to Date 159 Contract is 100.00 Complete CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH , TX 76119 G. DEYON / M. CAIN Wednesday, April 17, 2024 Page 1 of 5 City Project Numbers 103677 DOE Number Contract Name VENTANA PHASE 6B Estimate Number Contract Limits Payment Number Project Type DRAINAGE & PAVING For Period Ending Project Funding 3677 1 1 3/26/2024 UNIT III: DRAINAGE IMPROVEMENTS Item No. Description of Items Estimated Unit Unit Cost Estimated Completed Completed Quanity Total Quanity Total 1 REMOVE RIP RAP 297 SF $5.00 $1,485.00 297 $1,485.00 2 LARGE STONE TYPE "A" DRY RIP RAP (24" 72 SY $125.00 $9,000.00 72 $9,000.00 DEEP) 3 TRENCH SAFETY 1258 LF $2.00 $2,516.00 1258 $2,516.00 4 21" RCP, CLASS III 152 LF $73.00 $11,096.00 152 $11,096.00 5 24" RCP, CLASS III 439 LF $83.00 $36,437.00 439 $36,437.00 6 33' RCP, CLASS III 635 LF $138.00 $87,630.00 635 $87,630.00 7 36' RCP, CLASS III 32 LF $148.00 $4,736.00 32 $4,736.00 8 4'X4' STORM JUNCTION BOX 4 EA $5,500.00 $22,000.00 4 $22,000.00 9 10' CURB INLET 5 EA $3,800.00 $19,000.00 5 $19,000.00 10 15' CURB INLET 2 EA $4,800.00 $9,600.00 2 $9,600.00 11 24" 4:1 SLOPED END HEADWALL 2 EA $3,500.00 $7,000.00 2 $7,000.00 12 33" 4:1 SLOPED END HEADWALL 1 EA $4,500.00 $4,500.00 1 $4,500.00 13 INLET PROTECTION 7 EA $250.00 $1,750.00 7 $1,750.00 14 REMOVE 33" 4:1 SLOPED END HEADWALL 1 EA $3,500.00 $3,500.00 1 $3,500.00 15 CONCRETE WEIR & DROP STRUCTURE 1 EA $29,750.00 $29,750.00 1 $29,750.00 Sub -Total of Previous Unit $250,000.00 $250,000.00 UNIT IV: PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 HYDRATED LIME (30 LBS/SY) 174 TN $235.00 $40,890.00 174 $40,890.00 2 6" LIME TREATMENT 11495 SY $4.00 $45,980.00 11495 $45,980.00 3 6" CONC PVMT 10784 SY $52.00 $560,768.00 10784 $560,768.00 4 4" CONC SIDEWALK 2878 SF $4.50 $12,951.00 2878 $12,951.00 5 BARRIER FREE RAMP, TYPE P-1 8 EA $2,200.00 $17,600.00 8 $17,600.00 6 BARRIER FREE RAMP, TYPE R-1 4 EA $2,000.00 $8,000.00 4 $8,000.00 7 TOPSOIL 8 CY $30.00 $240.00 8 $240.00 8 BLOCK SOD PLACEMENT 241 SY $8.00 $1,928.00 241 $1,928.00 9 REMOVE BARRICADE & CONNECT TO 2 EA $500.00 $1,000.00 2 $1,000.00 EXISTING PAVEMENT 10 CONSTRUCT TYPE III BARRICADE 3 EA $750.00 $2,250.00 3 $2,250.00 Wednesday, April 17, 2024 Page 2 of 5 City Project Numbers 103677 DOE Number 3677 Contract Name VENTANA PHASE 6B Estimate Number 1 Contract Limits Payment Number 1 Project Type DRAINAGE & PAVING For Period Ending 3/26/2024 Project Funding 11 CONSTRUCT. STD PVMT HEADER 12 STOP SIGNS 13 STREET NAME BLADE PAIR 14 STREET SIGN POLE 87 LF $30.00 $2,610.00 87 $2,610.00 6 EA $750.00 $4,500.00 6 $4,500.00 6 EA $350.00 $2,100.00 6 $2,100.00 6 EA $650.00 $3,900.00 6 $3,900.00 Sub -Total of Previous Unit $704,717.00 $704,717.00 Wednesday, April 17, 2024 Page 3 of 5 City Project Numbers 103677 DOE Number Contract Name VENTANA PHASE 6B Estimate Number Contract Limits Payment Number Project Type DRAINAGE & PAVING For Period Ending Project Funding Contract Information Summary Original Contract Amount Change Orders $954,717.00 Total Contract Price $954,717.00 3677 1 1 3/26/2024 Total Cost of Work Completed $954,717.00 Less % Retained $0.00 Net Earned $954,717.00 Earned This Period $954,717.00 Retainage This Period $0.00 Less Liquidated Damages Days @ / Day $0.00 LessPavement Deficiency $0.00 Less Penalty $0.00 Less Previous Payment $0.00 Plus Material on Hand Less 15% $0.00 Balance Due This Payment $954,717.00 Wednesday, April 17, 2024 Page 4 of 5 City Project Numbers 103677 DOE Number Contract Name VENTANA PHASE 6B Estimate Number Contract Limits Payment Number Project Type DRAINAGE & PAVING For Period Ending Project Funding 3677 1 1 3/26/2024 Project Manager NA City Secretary Contract Number Inspectors G. DEYON / M. CAIN Contract Date Contractor CONATSER CONSTRUCTION TxLP Contract Time 120 WD 5327 WICHITA ST Days Charged to Date 159 WD FORT WORTH , TX 76119 Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Line Fund Account Center Amount Funded Gross Retainage Net Total Cost of Work Completed $954,717.00 Less % Retained $0.00 Net Earned $954,717.00 Earned This Period Retainage This Period $954,717.00 $0.00 Less Liquidated Damages 0 Days @ $0.00 / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment $0.00 $0.00 $0.00 $0.00 $0.00 $954,717.00 Wednesday, April 17, 2024 Page 5 of 5 FORT WORTH, TRANSPORTATION AND PUBLIC WORKS April 2, 2024 Conatser Construction 5327 Wichita St. Fort Worth, TX. 76119 RE: Acceptance Letter Project Name: Ventana Ph. 6B Project Type: Water, Sewer, Paving, Drainage City Project No.: 103677 To Whom It May Concern: On March 28, 2024 a final inspection was made on the subject project. There were no punch list items identified at that time. The final inspection indicates that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on March 28, 2024, which is the date of the final inspection and will extend of two (2) years in accordance with the Contract Documents. If you have any questions concerning this letter of acceptance, please feel free to contact me at (817)392-6251. Sincerely, George Marquez, Project Manager Cc: Matt Cain, Inspector Gary Deyon, Inspection Supervisor Edward D'Avila, Senior Inspector Andrew Goodman, Program Manager LJA Engineering, Inc., Consultant Conatser Construction, Contractor PMB Ventana Developer South, LLC, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev. 08/20/19 AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in the state and county aforesaid, on this day personally appeared Brock Huggins, President of Conatser Management Group, Inc., general partner of Conatser Construction TX. LP, known to me to be a credible person, who being by me duly sworn, upon his oath deposed and said: That all persons, firms, associations, corporations or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth, has been paid in full; and That there are no claims pending for personal injury and/or property damages; On Contract described as: VENTANA PH. 6B WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 22-0178 CITY PROJECT #: 103677 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP H ixtvele5(7":, Brock Hugs Subscribed and sworn to before me this 19th day of April, 2024. ..av Pm A p Notary Public, State of Texas ID# 133487933 My Commission Expires November 30, 2025 Notary Public in Tarrant County, Texas CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0249372 PROJECT: (name, address)Ventana Phase 6B Fort Worth, TX TO (Owner) PMB VENTANA DEVELOPER, LLC AND CITY OF FORT WORTH 4001 Maple Avenue, Suite 270 Dallas TX 75219 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. ARCHITECT'S PROJECT NO: CFA22-0178 CONTRACT FOR: Water, Sanitary Sewer, Drainage, Paving, & Street Lighting Improvements for Ventana Phase 6B CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name end address of Surety Company) BERKLEY JNSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , SURETY COMPANY , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to there insert name and address of Owner) PMB VENTANA DEVELOPER, LLC AND CITY OF FORT WORTH 4001 Maple Avenue, Suite 270 Dallas TX 75219 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 18th day of April, 2024 Attest: (Seal): BERKLEY INSURANCE COMPANY , OWNER, Surety Company Signature of Authorized Representative Rabbi Morales Title Attornev-in-Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No. BI-7280k • POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. -to KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly co organized and existing under the laws of the State of. Delaware, having its principal office in Greenwich, CT, has made, constituted alc and appointed, and does by'these presents make, constitute and appoint Ricardo J. Reyna; Don E Cornell; Sophinie Hunter; czt a> Robbi Morales; Kelly A. Westbrook; Tuna McEwan; Joshua Saunders; Tonie Petranek; or Mikaela Peppers, of Aon Risk a, .c) Services Southwest, Inc. of Dallas, TX its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below o •E and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty En -0 Insurance, providing that no single obligation shall exceed Fifty Minion and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the. rn o same .extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its E principal office in their own proper persons. nocn > This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the. State of Delaware, 1: without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following .4 o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 2010: >, CD y c o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief r Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant cstc o) Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein CD e to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the c c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such �• w attorney -in -fact and revoke any power of attorney previously granted; and further F w RESOLVED, that such. power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 'I., or other suretyship obligations specifically narned therein, and they have no authority to bind the Company except in the a manner and to the extent therein stated; and further o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and o en further •-- RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any wcri power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or E other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed_ The Company may continue to use for the purposes herein stated the facsimile signature of any o person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have v) ceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Company has caused these presents to: be sigaed and attested by its appropriate officers and its o xU corporate. seal hereunto affii ed.this 114.day of �``f�i ; ��aoaa_. ,., ra 2 Attest f .�l Berk Insurance Company o H (Seal) By a 40 o ai a.� w' -b o o o o gm -S a> 0 w Q CO) I a z6 gU HE Y By Ix�S._Lederinan Executive Vice President & Secretary tter dent WARNING: THIISPOWER:•LNVAUD IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss. COUNTY OF FMBFIELD ) Sworn to before ate, a -Notary Public in the State of Connecticut, this I ("day of. and Jeffrey M. tlafter who are .s vorn to me to .be the Executive Vice Presiden respectively, of Berkley Insurance Company_ ttAz•zr14.etigrursio CONFWECSIGUT MY COUM SSiON EXPIRES APRIL 30.2.024 Ma, , Q.03.1,, by Ira S. Lederman Secretary, and [ Senior Vice- .President, tary Palle., State of Connecticut CERTIFICATE I, the undersigned;. Assistant Secretary -of INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the oriainal.Power of Attorney; that said Power of Attorney has not bees revoked or rescinded and that the authority of the Attorney -in -Fact .sot forth therein, uho .executed the bond or undertalang to which: Ibis Power of Attorney is attached is in full force.and efffect as of this date. }h �� o Given under xny}nand. and seal of the Company, this ' 8 day of A (Seal) Vincent P. Torte AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a Notary Public in the state and county aforesaid, on this day personally appeared Brock Huggins, President of Conatser Management Group, Inc., general partner of Conatser Construction TX. LP, known to me to be a credible person, who being by me duly sworn, upon his oath deposed and said: That all persons, firms, associations, corporations or other organizations furnishing labor and/or materials have been paid in full; That the wage scale established by the City Council in the City of Fort Worth, has been paid in full; and That there are no claims pending for personal injury and/or property damages; On Contract described as: VENTANA PH. 6B WATER, SANITARY SEWER, DRAINAGE, PAVING, & STREET LIGHT IMPROVEMENTS CFA PRJ #: 22-0178 CITY PROJECT #: 103677 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP H ixtvele5(7":, Brock Hugs Subscribed and sworn to before me this 19th day of April, 2024. ..av Pm A p Notary Public, State of Texas ID# 133487933 My Commission Expires November 30, 2025 Notary Public in Tarrant County, Texas CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER Bond No 0249372 PROJECT: (name, address)Ventana Phase 6B Fort Worth, TX TO (Owner) PMB VENTANA DEVELOPER, LLC AND CITY OF FORT WORTH 4001 Maple Avenue, Suite 270 Dallas TX 75219 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. ARCHITECT'S PROJECT NO: CFA22-0178 CONTRACT FOR: Water, Sanitary Sewer, Drainage, Paving, & Street Lighting Improvements for Ventana Phase 6B CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name end address of Surety Company) BERKLEY JNSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 , SURETY COMPANY , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to there insert name and address of Owner) PMB VENTANA DEVELOPER, LLC AND CITY OF FORT WORTH 4001 Maple Avenue, Suite 270 Dallas TX 75219 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 18th day of April, 2024 Attest: (Seal): BERKLEY INSURANCE COMPANY , OWNER, Surety Company Signature of Authorized Representative Rabbi Morales Title Attornev-in-Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition ONE PAGE No. BI-7280k • POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. -to KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly co organized and existing under the laws of the State of. Delaware, having its principal office in Greenwich, CT, has made, constituted alc and appointed, and does by'these presents make, constitute and appoint Ricardo J. Reyna; Don E Cornell; Sophinie Hunter; czt a> Robbi Morales; Kelly A. Westbrook; Tuna McEwan; Joshua Saunders; Tonie Petranek; or Mikaela Peppers, of Aon Risk a, .c) Services Southwest, Inc. of Dallas, TX its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below o •E and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty En -0 Insurance, providing that no single obligation shall exceed Fifty Minion and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the. rn o same .extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its E principal office in their own proper persons. nocn > This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the. State of Delaware, 1: without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following .4 o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January.25, 2010: >, CD y c o RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief r Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant cstc o) Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein CD e to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the c c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such �• w attorney -in -fact and revoke any power of attorney previously granted; and further F w RESOLVED, that such. power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 'I., or other suretyship obligations specifically narned therein, and they have no authority to bind the Company except in the a manner and to the extent therein stated; and further o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and o en further •-- RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any wcri power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or E other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed_ The Company may continue to use for the purposes herein stated the facsimile signature of any o person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have v) ceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Company has caused these presents to: be sigaed and attested by its appropriate officers and its o xU corporate. seal hereunto affii ed.this 114.day of �``f�i ; ��aoaa_. ,., ra 2 Attest f .�l Berk Insurance Company o H (Seal) By a 40 o ai a.� w' -b o o o o gm -S a> 0 w Q CO) I a z6 gU HE Y By Ix�S._Lederinan Executive Vice President & Secretary tter dent WARNING: THIISPOWER:•LNVAUD IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss. COUNTY OF FMBFIELD ) Sworn to before ate, a -Notary Public in the State of Connecticut, this I ("day of. and Jeffrey M. tlafter who are .s vorn to me to .be the Executive Vice Presiden respectively, of Berkley Insurance Company_ ttAz•zr14.etigrursio CONFWECSIGUT MY COUM SSiON EXPIRES APRIL 30.2.024 Ma, , Q.03.1,, by Ira S. Lederman Secretary, and [ Senior Vice- .President, tary Palle., State of Connecticut CERTIFICATE I, the undersigned;. Assistant Secretary -of INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the oriainal.Power of Attorney; that said Power of Attorney has not bees revoked or rescinded and that the authority of the Attorney -in -Fact .sot forth therein, uho .executed the bond or undertalang to which: Ibis Power of Attorney is attached is in full force.and efffect as of this date. }h �� o Given under xny}nand. and seal of the Company, this ' 8 day of A (Seal) Vincent P. Torte