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HomeMy WebLinkAboutContract 46521-FP2 (2). anson Department of TP &W Const. Services DOE# 1 anager ..►. Projectg Risk Management J. Paq - D.O.E. Brotherton CFA Westerman!Scanned6 7 ' u - c� The Proceeding people have been Cofitacted concerning the request for final payment & have released this project for such payment. Clearance Conducted By Shameka Kennedy ;T WORTH Regarding contract 117322 for LAKE VISTA RANCH I as required by the TRANSPORTATION & PUBLIC WORKS as approved by City Council on N/A through M&C N/A the director of the TRANSPORTATION & PUBLIC WORKS upon the recommendation of the Assistant Director of the Transportation & Public Works Department has accepted the project as complete. crnr SEcRErAm' GONTNACT no Lc c5;lir Fif)a Original Contract Prices: Amount of Approved Change Orders: Revised Contract Amount: Total Cost Work Completed: Less Deductions: Liquidated Damages: Pavement Deficiencies: Total Deduction Amount: Total Cost Work Completed: Less Previous Payments: Final Payment Due ITION AND PUBLIC WORKS PROJECT COMPLETION LEReageafiviterAr��j3f/ Recommended for Acceptance Asst. Director, TPW - Infrastructure Design and Construction • 0' Accepted Director, TRANSPORTATION & PUBLIC WORKS A,�,/5 ; st. City Manager (&' mments: C205-541200-207760239383 crn, ZmA nhosen rni NOVI 3 2015 0 mtmk � '1 Q.(yo $1,228,164.87 $1,228,164.87 $1,228,164.87 $0.00 $1,228,164.87 Date I//fr Date Ns D.O.E. N.: 7322 Oil/ 116,5,21 Days @ $210.00/ Day /-1,91 (tr Date A• OFFICuii. RECORD CITY SECRETARY Ft WOlim, TX FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name LAKE VISTA RANCH Contract Limits Project Type STORM DRAIN, PAVING & ST LIGHT City Project Numbers 02393 DOE Number 7322 Estimate Number 1 Payment Number 1 For Period Ending 10/15/2015 CD City Secretary Contract Number 117322 Contract Time 18CD Contract Date Days Charged to Date 191 Contract is 100.00 Complete Project Manager Long Contractor GILCO CONTRACTING, INC. 6331 SOUTHWEST BLVD. BENBROOK , TX 76132-1063 Inspectors LAYER / TAEZAZ Thursday, October 15, 2015 Page 1 of 5 City Project Numbers 02393 Contract Name Contract Limits Project Type Project Funding STORM DRAIN Item No. LAKE VISTA RANCH STORM DRAIN, PAVING & ST LIGHT Description of Items 1 18" RCP 2 21" RCP 3 24" RCP 4 30" RCP 5 36" RCP 6 42" RCP 7 48" RCP 8 7X3 BOX CULVERT 9 4' STORM JUNCTION BOX 10 5' STORM JUNCTION BOX 11 10' CURB INLET 12 15' CURB INLET 13 TRENCH SAFETY 14 TRAFFIC CONTROL 15 REMOVE RIP RAP 16 REMOVE MISC CO1NC STRUCTURE 17 24' WIDE ASPHALT PAVEMENT 18 18" TXDOT 19 24" TXDOT 20 42" TXDOT 21 36" TXDOT 22 TXDOT SKEWED BOX CULVERT HEADWALL 23 TXDOT SKEWED BOX CULVERT HEADWALL 24 PYRAMAT WITH SOD OVERLAY 25 5" CONCREIE CHANNEL LINING 26 TWISTED GABIONS 27 TWISTED GABION MATTRESSES 28 10' WIDE 8" CONC SLAB 29 STORM LINE GROUTING Thursday, October 15, 2015 Estimated Quanity Unit Unit Cost 90 LF $37.00 192 LF $42.00 1100 LF $46.00 394 LF $59.00 83 LF $80.00 227 LF $104.00 343 LF $140.00 261 LF $316 67 2 EA $3,300.00 3 EA $3,600.00 4 EA $3,200.00 10 EA $4,000.00 2429 LF $0.50 1 MO $2,500.00 402 SF $2.00 112 LS $28.00 28 LF $420.00 2 EA $1,200.00 3 EA $1,800.00 1 EA $4,500.00 1 EA $4,200.00 1 EA $13,100.00 1 EA $29,100.00 2414 SY $23.50 205 SY $60.00 30 CY $400.00 54 CY $500.00 47 LF $95.00 22 CY $200.00 Sub -Total of Previous Unit DOE Number 7322 Estimate Number Payment Number For Period Ending 10/15/2015 Estimated Total $3,330.00 $8,064.00 $50,600.00 $23,246.00 $6,640.00 $23,608.00 $48,020.00 $82,650.87 $6,600.00 $10,800.00 $ I2,800.00 $40,000.00 $1,214.50 $2,500.00 $804.00 $3,136.00 $11,760.00 $2,400.00 $5,400.00 $4,500.00 $4,200.00 $13,100.00 $29,100.00 $56,729.00 $12,300.00 $12,000.00 $27,000.00 $4,465.00 $4,400.00 $511,367.37 Completed Completed Quanity Total 90 $3,330.00 192 $8,064.00 1100 $50,600.00 394 $23,246.00 83 $6,640.00 227 $23,608.00 343 $48,020.00 261 $82,650.87 2 $6,600,00 3 $10,800.00 4 $12,800.00 10 $40,000.00 2429 $1,214.50 1 $2,500.00 402 $804.00 112 $3,136.00 28 $11,760.00 2 $2,400.00 3 $5,400.00 1 $4,500.00 1 $4,200.00 1 $13,100.00 1 $29,100.00 2414 $56,729.00 205 $12,300.00 30 $12,000.00 54 $27,000.00 47 $4,465.00 22 $4,400.00 $511,367.37 Page 2 of 5 City Project Numbers 02393 Contract Name LAKE VISTA RANCH Contract Limits Project Type STORM DRAIN, PAVING & ST LIGHT Project Funding PAVING Item No. Description of Items 1 HYDRA I'EDLIME 2 6" LIME TREATMENT 3 6" CONC PVMT 4 4" CONC SIDEWALK 5 BARRIER FREE RAMP 6 VALVF BOX ADJUSTMENT 7 TRAFFIC CONTROL 8 MANHOLE ADJUSTMENT 9 DEAD END BARRICADE ST LIGHT Item No. Estimated Unit Quanity 263 TN 17513 SY 16447 SY 1735 SF 15 EA 15 EA 1 MO 22 EA 3 EA Sub -Total of Previous Unit Description of Items 1 2" CONDT PVC SCH 80 2 INSTALL LIGHTING FIXTURE 3 LED LIGHTING FIXTURE 4 RDWY ILLUM FOUNDATION 5 RDWY ILLUM FOUNDATION 6 NO 10 INSULATED ELEC CONDR Thursday, October 15, 2015 Estimated Quanity 2765 LF 20 EA 20 EA 20 EA 20EA 8295 LF Unit Sub -Total of Previous Unit Unit Cost $150.00 $2.30 $30.55 $4.15 $1,750.00 $100.00 $1 000.00 $200.00 $1,500.00 Unit Cost $7.00 $100.00 $450.00 $1,080.00 $1,600.00 $0.70 DOE Number 7322 Estimate Number 1 Payment Number 1 For Period Ending 10/15/2015 Estimated Total $39,450.00 $40,279.90 5502,455.85 $7,200.25 $26,250.00 $1,500.00 $1,000.00 $4,400.00 $4,500.00 $627,036.00 Estimated Total $19,355.00 $2,000.00 $9,000.00 $21,600.00 $32,000.00 $5,806.50 $89,761.50 Completed Completed Quanity Total 263 $39,450.00 17513 $40,279.90 16447 $502,455.85 1735 $7,200.25 15 $26,250.00 15 1 22 3 Completed Quanity 2765 20 20 20 20 8295 $1,500.00 $1,000.00 $4,400.00 $4,500.00 $627,036.00 Completed Total $19,355.00 $2,000.00 $9,000.00 $21,600.00 $32,000.00 $5,806.50 $89,761.50 Page 3 of 5 City Project Numbers 02393 Contract Name Contract Limits Project Type Project Funding Contra 1 Inspection Project Mana Ass LAKE VISTA RANCH STORM DRAIN, PAVING & ST LIGHT Contract Information Summary Original Contract Amount Change Orders Dnh /V ZO'/\ /6 Lie4 -- - Date Date/A/%C r/TPW - Infrastructure Design and Construction DirectgfV Contracting Departn Date i Date lI II / 45X it IA° il4 1ofr"( DOE Number 7322 Estimate Number 1 Payment Number 1 For Period Ending 10/15/2015 $1,228,164.87 Total Contract Price $1,228,164.87 Total Cost of Work Completed Less % Retained Net Earned Earned This Period $1,228,164.87 Retainage This Period $0.00 Less Liquidated Damages Days @ / Day LessPavement Deficiency Less Penalty Less Previous Payment Plus Material on Hand Less 15% Balance Due This Payment $1,228,164.87 $0.00 $1,228,164.87 $0.00 $0.00 $0.00 $0.00 $0.00 $1,228,164.87 Thursday, October 15, 2015 Page 4 of 5 1 City Project Numbers 02393 Contract Name Contract Lunits Project Type Project Funding LAKE VISTA RANCH STORM DRAIN, PAVING & ST LIGHT Project Manager Long Inspectors LAYER / TAEZAZ Contractor GILCO CONTRACTING, INC. 6331 SOUTHWEST BLVD. BENBROOK , TX 76132-1063 Line Fund Account Center Thursday, October 15, 2015 DOE Number 7322 Estimate Number 1 Payment Number 1 For Period Ending 10/15/2015 City Secretary Contract Number 117322 Contract Date Contract Time Days Charged to Date Contract is .000000 CITY OF FORT WORTH SUMMARY OF CHARGES Amount Funded Gross Retamage Total Cost of Work Completed 180 CD 191 CD Complete Net $1,228,164.87 Less % Retained $0.00 Net Earned $1,228,164.87 Earned This Period Retainage This Period $1,228,164.87 $0.00 Less Liquidated Damages 0 Days @ $0.00 / Day LessPavement Deficiency Less Penalty Less Previous Payment PIus Material on Hand Less 15% Balance Due This Payment $0.00 $0.00 $0.00 $0.00 $0.00 $1,228,164.87 Page 5 of 5 [-1 TRANSPORTATION & PUBLIC WORKS FINAL STATEMENT OF CONTRACT TIME FINAL STATEMENT NO. 1 NAME OF PROJECT: Lake Vista Ranch Phase 1 PROJECT NO.: 2393 PERIOD FROM 03/31 / 15 TO: 10/715 WORK ORDER EFFECTIVE 3/31/2015 DAY OF MONTH DAYS CHARGED DURING rev 03/05/07 CONTRACTOR: Gilco Contracting, Inc. DOE NO. 7322 FINAL INSPECTION DATE: 7-Oct-15 CONTRACT TIME 180 0 WD O CD REASON FOR DAYS CREDITED DAY OF MONTH 1. 16. 2. 17. 3. 18. 4. 19. 5. 20. 6. 21. 7. 22. 8. 23. 9. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 31. SAT, SUN, RAIN, TOO WET, UTILITIES & HOLIDAYS & TOO COLD RELOCATIONS THIS' PERIOD PREVIOUS PERIOD TOTALS TO DATE DAYS CHARGED DURING OTHERS * DATE INSPECTOR' ENGINEERING DEPARThIENT The City of Fort ?DATE • 1000 Throckmorton Street • Fort Worth, TX 7601 (817) 392 - 7941 • Fax: (817) 392 - 7845 REASON FOR DAYS CREDITED DAYS CHARGED -e3ii OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TOTAL DAYS 191 191 /ohS /I S DATE • I) PROJECT INFORMATION Name of Contractor Gilco Contracting, Inc. DOE Inspector Rudy Medellin DOE Number Project Difficulty 7322 0 Simple Initial Contract Amount $1,751,328.23 II) PERFORMANCE EVALUATION 0 - Inadequate 1 - Deficient 2 - Standard ELEMENT FORT WORW '--Thirpsoc TRANSPORTATION AND PUBLIC WORKS CONTRACTOR'S EVALUATION OF CITY Date: 110/6/2015 Routine 0 Complex INSPECTION EVALUATION 1 Availability of Inspector 2 Knowledge of Inspector 3 Accuracy of Measured Quantities 4 Display Of Professionalism 5 Citizen Complaint Resolution 6 Performance - Setting up Valve Crews, Labs ADMINISTRATION 1 Change Order Processing Time 2 Timliness of Contractor Payments 3 Bid Opening to Pre -Con Meeting Timeframe III) COMMENTS & SIGNATURES 3 -Good RATING (0 - 4) Project Name Lake Vista Ranch Phase Project Manager Aaron Long Type of Contract Water Waste Water Storm Drainage Pavement J REV: 02/22/07 Final Contract Amount $1,751,328.23 4 - Excellent ELEMENT COMMENTS Signature Contractor Signature DOE Inspector Signature DOE Inspector's Supervisor INSPECTOR'S COMMENTS PLANS & SPECIFICATIONS 1 Accuracy of Plans to Existing Conditions L zt LC t( 2 Clarity & Sufficiency of Details 3 Applicability of Specifications 4 Accuracy of Plan Quantities PROJECT MANAGER EVALUATION 1 Knowledge And/Or Problem Resolution 2 Availability of Project Manager L 3 Communication 4 Resolution of Utility Conflicts TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311 (817) 392 - 7941 • Fax: (817) 392 - 7845 RATING (0 - 4) TRANSPORTATION AND PUBLIC WORKS PERFORMANCE EVALUATION OF CONTRACTOR I) CONTRACTOR & PROJECT DATA Name of Contractor Gilco Construction, Inc. DOE Inspector Rudy Medellin DOE Inspector Water Waste Water Storm Drainage J J J Initial Contract Amount $1,751,328.23 Final Contract Amount $1,751,328.23 II) PERFORMANCE EVALUATION 0 - Inadequate 1 - Deficient 2 - Standard 3 - Good 4 - Excellent ELEMENT 1 Submission of Documents 2 Public Notifications 3 Plans on Site 4 Field Supervision 5 Work Performed 6 Finished Product 7 Job Site Safety 8 Traffic Control Maintenance 9 Daily Clean Up 10 Citizen's Complaint Resolution 11 Property Restoration 12 After Hours Response 13 Project Completion WEIGHT ( x ) 2 5 5 15 15 15 15 15 5 5 5 5 5 Project Name Lake Vista Ranch Phase 1 DOE Number 7322 Project Manager Pavement Aaron Long 'Project Difficulty O Simple Date 10/6/2015 Routine APPLICABLE (Y / N) RATING (0 - 4) Y Y Y Y Y Y Y Y Y Y Y Y Y 3 4 4 4 3 4 3 4 3 4 3 4 4 REV: 02/20/07 0 Complex MAX SCORE 8 20 20 60 60 60 60 60 20 20 20 20 20 SCORE 6 20 20 60 45 60 45 60 15 20 15 20 20 TOTAL ELEMENT SCORE (A) 406 BONUS POINTS (25 Maximum) (B) TOTAL SCORE (TS) 406 III) CONTRACTOR'S RATING Maximum Score (MS) = 448 or sum of applicable element score maximums which = 448 Rating ( [TS / MS] * 100%) 406 / 448 = 91% Performance Category Excellent <20% = Inadequate 20% to <40% = Deficient 40% to <60% = Standard 60% to <80% = Goo >80% = Excellent Inspector's Comments (INCLUDING EXPLANATION OF BONUS POINTS AWARDED) Signature DOE Inspector Signature DOE Inspector's Supervisor CONTRACTOR'S COMMENTS Signature Contractor TRANSPORTATION AND PUBLIC WORKS The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311 (817) 392 - 7941 • Fax: (817) 392 - 7845 BNM Lake Vista Development, L. P. 901 Airport Freeway, Suite 400 North Richland Hills, Texas 76180 (817) 849-5100 Fax (817)849-5101 October 2, 2015 Mr. Dale Gilreath Gileo Contracting, Inc. 6331 Southwest Blvd. Benbrook, Texas 76132 Re: Lake Vista Ranch, Ph. 1 Water, Sewer, Paving, Di ainage, and Street Light Improvements CoFW Project No. 02393 CoFW File No. W-2350 CoFW DOE No. 7322 Dear Mr. Gilreath, This letter will document that BNM Lake Vista Development, L.F. confirms that Gileo Contracting, Inc. has completed the work associated with the above referenced contiact in an appropriate time frame, subject to completion of any warranty or maintenance work as identified and requited by the City of Fort Worth and that no liquidated damages will be assessed by BNM Lake Vista Development, L P. in connection with the work. Sincerely, Bruce French BNM, Lake Vista Development, L.P. slt/bf cc: File, Lake Vista (Development) H:ILLTTERHEAD\BNM Lake Vista Development LP.docx October 2, 2015 City of Fort Worth CFA Administration 1000 Throckmorton St. Fort Worth, TX 76102 RE: Final Waiver of Lien; Paving and Street Light Improvements to serve West Fork Ranch Phase 8B: DOE # 7322 City Project #02393 The purpose of this letter is to acknowledge that we have been paid in full by Jabez Development, L.P. for the public improvements constructed to serve Lake Vista Ranch, Ph. 1, in Fort Worth, Texas. As a result, we hereby waive, release and relinquish all rights to assert any claim or demand for lien in connection with this project. Please feel free to contact me with any questions you may have. Sincerely, eia Hubbard Operations Director 6331 Southwest Blvd. I3enbrook, Texas 76132 Mice: 817.735.1600 Fax: 817.735.1613 AFFIDAVIT STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public in the state and countyaforesaid, on this day personally appeared Leia Hubbard, Operations Director Of Gilco Contracting, Inc., known to me to be a credible person, who beingbyme duly sworn, upon her oath deposed and said; That all persons, firms, associations, corporations, or other organizations furnishinglabor 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; That there are no claims pending for personal injury and/or property damages; On Contract described as; Paving andLightImprovements Street Im rovements to serve: Lake Vista Ranch, Ph. 1 BY Leia Hubbard Subscribed and sworn before me on this 2nd of October , 2015. :,:qv o*, MARY PANNELL Notary Public, State of TWO 1:• ;T, My Commisslon Expltsg 1.74E :' October 19, 2010 Notary ublic Tarrant County, TX CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 OWNER u ARCHITECT fl CONTRACTOR ❑ SURETY ❑ OTHER PROJECT: Lake Vista Ranch - Water, Sewer, Paving, Drainage & Street Lights (name, address} TO (Owner) BNM LAKE VISTA DEVELOPMENT, LP & CITY OF FORT WORTH 9001 Airport Freeway, Suite 400 Fort Worth TX 76180 CONTRACTOR: GILCO CONTRACTING, INC. Fort Worth TX Bond No 022050638 7 ARCHITECT'S PROJECT NO: CONTRACT FOR: Lake Vista Ranch - Water, Sewer, Paving, Drainage & Street Lights �I CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Boston MA 02116 on bond of (here insert name and address of Contractor) GILCO CONTRACTING, INC. 6331 Southwest Boulevard Benbrook TX 76132 , 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 (here insert name and address of Owner) BNM LAKE VISTA DEVELOPMENT, LP & CITY OF FORT WORTH 9001 Airport Freeway, Suite 400 Fort Worth TX 76180 as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this • Attest: Telly A. Westbrook (Seal): NOTE; This forrn Current Edition • 2nd day of October, 2015 LIBERTY MUTUAL INSURANCE COMPANY Surety Company /1/Ltil,c) . Signahre of Authorized Representative Soahinie Hunter Title , OWNER, Attorney -in -Fact is to be used as a companion document to AIA DOCUMENT 0706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, ONE PAGE 1) a' v tem co O— c0 (1) CO t) O L a^4 Oti ct O I E tea L V > aa)i vta6. O = Z a ss 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. Certificate No. 7111256 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations 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 Stale 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, Don E. Cornell; Kelly A. Westbrook; Ricardo J. Revna: Robb! Morales; Soohinie Hunter; V. DeLene Marshall all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney -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 11 th day of September 2015 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 11 th day of September 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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. 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. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Patella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28. 2017 Member, Pennsylvania Association of Notaries American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company By: David M. Carey(ssistant Secretary By: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. 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 President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation 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 (he limitations set forth in their respective powers of attorney, shall 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 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 attorney -in -fact under the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 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 David M. Carey, Assistant Secretary to appoint such attorneys -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, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casually 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 saki Companies, is in full force and effect and has not been revoked. il IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this i Jo day of By: I r_ , 20 J . Gregory W. Davenport, Assistant Secretary • LMS_12873_122013 28 of 500 Libel Mutual,: SURETY Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htto.//www.tdi state.tx.us E-mail: ConsumerProtection antdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500