Loading...
HomeMy WebLinkAboutContract 54498-FP1 City Secretary 54498 -FP1 Contract No. FORTWORTH. Date Received Dec 2,2021 NOTICE OF PROJECT COMPLETION (Developer Projects) The Transportation and Public Works Department upon the recommendation of the Project Manager has accepted the following project as complete: Project Name: Palmilla Springs Phase 5 City Project No.: 102450 Improvement Type(s): Water ❑x Sewer Ox Original Contract Price: $1,579,377.44 Amount of Approved Change Order(s): $1,058.67 Revised Contract Amount: Total Cost of Work Complete: $1,580,436,11 c"rtt�HAWk Nov 30 2021 Curtis Hawk(Nov 30,202115:01 CST) Contractor Date Sr Project Manager Title Lacy Construction Company Name Matt Cain Dec 1,2021 Matt Cain(Dec 1,202107:35 CST) Project Inspector Date in EU Patrick adey(De ,202108:36CST) Dec 1, 2021 Project Manager Date .7G�1�1%�G� ZG��IGZGl�0�1 bG�lGI��O�,7X1 Dec 1 2021 Jennife�rnackonbehalfofJM(Dec1 202108'50CSTl CFA Manager Date Dana Burghdoff( c 1,202 Dec 1 1:47 CST) ,2021 Asst. City Manager Date OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Notice of Project Completion Project Name: Palmilla Springs Phase 5 City Project No.: 102450 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑x Yes ❑ N/A Pipe Report: Ox Yes ❑ N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety Statement of Contract Time Contract Time: 180 WD Days Charged: 215 Work Start Date: 10/8/2020 Work Complete Date: 11/2/2021 Completed number of Soil Lab Test: 830 Completed number of Water Test: 23 Page 2of2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name PALMILLA SPRINGS PHASE 5 WATER,SEWER,PAVING,DRAINAG&S Contract Limits Project Type WATER&SEWER City Project Numbers 102450 DOE Number 2450 Estimate Number 1 Payment Number 1 For Period Ending 11/2/2021 WD City Secretary Contract Number Contract Time 18WD Contract Date 7/29/2020 Days Charged to Date 215 Project Manager NA Contract is 100.00 Complete Contractor L.H.LACY COMPANY P.O.BOX 541297 DALLAS, TX 75354 Inspectors CORDOVA,R / CAIN,M Tuesday,November 30,2021 Page 1 of 4 City Project Numbers 102450 DOE Number 2450 Contract Name PALMILLA SPRINGS PHASE 5 WATER,SEWER,PAVING,DRAINAG Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 11/2/2021 Project Funding UNIT I:WATER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 SALVAGE FIRE HYDRANT 1 EA $1,485.13 $1,485.13 1 $1,485.13 2 TRENCH SAFETY 9857 LF $0.19 $1,872.83 9857 $1,872.83 3 DUCTILE IRON WATER FITTINGS 5 TN $6,389.60 $31,948.00 5 $31,948.00 W/RESTRAINT 4 8"PVC WATER PIPE 9358 LF $23.73 $222,065.34 9358 $222,065.34 5 16"WATER PIPE 499 LF $57.79 $28,837.21 499 $28,837.21 6 FIRE HYDRANT ASSEMBLY 11 EA $3,945.30 $43,398.30 11 $43,398.30 7 1"WATER SERVICE(CO#1) 236 EA $957.50 $225,970.00 , 236 $225,970.00 8 8"GATE VALVE 33 EA $1,235.99 $40,787.67 33 $40,787.67 9 CONNECTION TO EXISTING 16"WATER MAIN 5 EA $2,526.37 $12,631.85 5 $12,631.85 10 16"GATE VALVE W/VAULT 1 EA $14,344.62 $14,344.62 1 $14,344.62 11 IRRIGATION PVC PIPE 105 LF $30.00 $3,150.00 105 $3,150.00 12 2"IRRIGATION SERVICE(CO 42) 3 EA $3,180.00 $9,540.00 3 $9,540.00 Sub-Total of Previous Unit $636,030.95 $636,030.95 UNIT 11:SANITARY SEWER IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 BLOCK RIPRAP DRY 230 SY $75.60 $17,388.00 230 $17,388.00 2 POST-CCTV INSPECTION 12155 LF $1.35 $16,409.25 12155 $16,409.25 3 MANHOLE VACUUM TESTING 54 EA $93.08 $5,026.32 54 $5,026.32 4 TRENCH SAFETY 12155 LF $0.53 $6,442.15 12155 $6,442.15 5 CONCRETE ENCASEMENT FOR UTILITY PIPES 6 CY $215.71 $1,294.26 6 $1,294.26 6 4"SEWER SERVICE(CO#1) 233 EA $730.09 $170,110.97 233 $170,110.97 7 8"SEWER PIPE(CO#2) 12155 LF $37.38 $454,353.90 12155 $454,353.90 8 8"SEWER PIPE,CSS BACKFILL 316 LF $39.47 $12,472.52 316 $12,472.52 10 4'MANHOLE 50 EA $3,912.38 $195,619.00 50 $195,619.00 11 4'DROP MANHOLE 4 EA $10,462.61 $41,850.44 4 $41,850.44 12 4'EXTRA DEPTH MANHOLE 153 VF $127.00 $19,431.00 153 $19,431.00 13 CONNECT TO EXISTING SEWER 5 EA $801.47 $4,007.35 5 $4,007.35 -------------------- - ----------------- Sub-Total of Previous Unit $944,405.16 $944,405.16 -------------- ------------------------ Tuesday,November 30,2021 Page 2 of 4 City Project Numbers 102450 DOE Number 2450 Contract Name PALMILLA SPRINGS PHASE 5 WATER,SEWER,PAVING,DRAINAG Estimate Number 1 Contract Limits Payment Number 1 Project Type WATER&SEWER For Period Ending 11/2/2021 Project Funding Contract Information Suminary Original Contract Amount $1,579,377.44 Change Orders Change Order Number 1 $1,687.59 Change Order Number 2 $9,540.00 Change Order Number 3 ($10,168.92) Total Contract Price $1,580,436.11 Total Cost of Work Completed $1,580,436.11 Less %Retained $0.00 Net Earned $1,580,436.11 Earned This Period $1,580,436.11 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 $1,580,436.11 Tuesday,November 30,2021 Page 3 of 4 City Project Numbers 102450 DOE Number 2450 Contract Name PALMILLA SPRINGS PHASE 5 WATER,SEWER,PAVING,DRAINAG Estimate Number I Contract Limits Payment Number I Project Type WATER&SEWER For Period Ending 11/2/2021 Project Funding Project Manager NA City Secretary Contract Number Inspectors CORDOVA,R / CAIN,M Contract Date 7/29/2020 Contractor L.H.LACY COMPANY Contract Time 180 WD P.O.BOX 541297 Days Charged to Date 215 WD DALLAS, TX 75354 Contract is .000000 Complete CITY OF FORT WORTH SUMMARY OF CHARGES Line Fund Account Center Amount Gross Retainage Net Funded Total Cost of Work Completed $1,580,436.11 Less %Retained $0.00 Net Earned $1,580,436.11 Earned This Period $1,580,436.11 Retainage This Period $0.00 Less Liquidated Damages 0 Days @ $0.00 /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 $1,580,436.11 Tuesday,November 30,2021 Page 4 of 4 DEVELOPER-AWARDED-PROJECT CHANGE ORDER Water,Sewer,Paving,Drainage,and Street Light Improvements to Serve Palmilla Springs PROJECT NAME: Phase 5 CHANGE CONTRACT: (A)Water,Sewer,and Draina e, B)Paving,and (C)Street Li his ORDER No: CFA# CFA20-0057 CITY PARTICIPATION: Yes CITY PROJECT# 102450 DOE# C01 WATER PROJECT# 30114-0200431-102450-EO7685 SEWER PROJECT# 30114-0200431-102450-E07695 FILE# X-26322 INSPECTOR: Matt Cain Phone No: PROJECT MANAGER: Pat Buckley Phone No: 817-392-2443 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREETLIGHTS CONTRACT Developer - Developer Developer DAYS Developer Cost.-.City Cost'.- Cost .City Cost 'Developer Cost City Cost Cost .City Cost Cost City Cost ORIGINAL CONTRACT $591,671.49 s83,861.96�. $953,843.99 $0.00. $1,860,677.11 40.00 $561.472.28 $0.00 $163,317.92 $0.00 45 EXTRAS TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 CREDITS TO DATE $0.00 $0.00 - $0.00 $0.00 $0.00 CONTRACT TO DATE $591,671.49 $33,861A6. $953,843.99 $0.00 $1,860,677.11 - $0.00. $561,472.28 .$0,00 $163,317.92 $0.00. " 45 AMOUNT OF PROP.CHANGE ORDER $957.50 $730.09 $0.00 $0.00 REVISED CONTRACT AMOUNT $592,628.99 $33;861:96- $954,574.08 :$0�00' $1,860,677.11 $0,00_ $561,472.28 .$0.00 $163,317.92 .$0.00--- 45 TOTAL REVISED CONTRACT AMOUNT PER UNIT $626,490.95 $954,574.08 $1.860.677.11 $561,472,28 $163,317.92 REVISED COST SHARE Dev.Cost: $4,132,670.38 City Cost: - $33,861.96 TOTAL REVISED CONTRACT $4,166,532.34 Revised:10-12-2011 Page 1 You are directed to make the foliowin than es in the contract documents: CITY BID ITEM PAY ITEM# # QUANTITY UNIT ITEM DESCRIPTION UNITPRICE TOTAL A.9 3312.2003 1 LF 1"Water Service $ 957.50 $ 957.50 A1.6 3331.3101 1 LF 4"Sewer Service $ 730.09 $ 730.09 WATER&SANITARYSEWER TOTAL $ 1.687.59 REASONS FOR CHANGE ORDER Services to be put in for lot 3 block 5,so that street will not need to be replaced during next phase. RECOMMENDED: APPROVED: APPROVED: Teague Nall&Perkins,inc. NMH P Springs Developme L.H LacY Compan L BY: M„01�Y a.� By: h Name: Samuel Knight,P.E. Name: C 111I 0_Q Name�"�7�r1J �^ Title:Project Manager Title: ( (`� Title: �b101o�1— Revised:10-12-2011 I pa9 e 2 DEVELOPER-AWARDED-PROJECT CHANGE ORDER Water,Sewer,Paving,Drainage,and Street Light Improvements to Serve Palmilla Springs PROJECT NAME: Phase 5 CHANGE CONTRACT: A Water,Sewer,and Draina e, B)Paving,and C Streel Lights ORDER No: CFA# CFA20-0067 CITY PARTICIPATION: Yes CITY PROJECT# 102450 DOE# CO2 WATER PROJECT# 30130114-0__4 31-1 0 24 50-E07685 SEWER PROJECT# 14-0200431-102450-EO7665 FILE# X-26322 INSPECTOR: Matt Cain Phone No: PROJECT MANAGER: Pat Buckley Phone No: 817-392-2443 CONTRACT UNIT WATER SEWER PgVING DRAINAGE STREETLIGHTS CONTRACT Developer 2..tDeveloper - Developer DAYS Developer Cost "6ity-0ost-;Cost ,City Gost Developer Cost-:•City CosP.Cast CIty.Cost-Cost City Coed': ORIGINAL CONTRACT $591,671,l9 ,:S33,88196 $953,84399 ::.'5000 51,860,67711 t�-�S000 $561,472.28 $0.00. $163,317A2 SO 00 t:i: 180 EXTRAS TO DATE $957.50 77$730 09 $0.00 - - $0.00 $0.00 CREDITS TO DATE $0.00 _ $0.00 $0.00 CONTRACT TO DATE $592,628.99 $33;BfiT98.�. $954.57/08 ;0.00 S1,66007.11 .,7,5000',;: $561,47228 I $0,00..,: $163,317.92 $000:l�1:`' 180 AMOUNT OF PROP,CHANGEORDER S 9,540.00 , S (18,16046) '; s0.00 REVISED CONTRACT AMOUNT $602A68.99 '$33;861;96-: $954,574.08 ::rS000.5%` $1,842,516.65 �5000, �;; $561,472.25 5000 $163,317.92 $O OO.;L,! 180 TOTAL REVISED CONTRACT AMOUNT PER UNIT $636,030.95 $954.574.08 $1,842,516.65 1561,472,2 $163,317.92 REVISED COST SHARE Dev.Cost: $4,124,049.92 ,City Cast - f33,86'f 96 TOTAL REVISED CONTRACT $4,157,911.88 Revised:10-12-2011 Page 1 You are directed to make the following changes in the contract documents: CITY BID ITEM PAY ITEMS S QUANTITY UNIT ITEM DESCRIPTION UNITPRICE TOTAL B.2 3211.0111 -5071 SY 4"Flexible Base,T e A.GR-1 S 9.75 S 49.442.25) 8.3 3211.0400 125 TON I Hydrated Lime S 161.51 S 20,188.75 BA 3211.0502 5112 SY I 6"Lime Treatment(30lbISY) S 2.17 S 11 093.04 A.12 9999.0002 3 1 EA I 2"Irrigation Service S 3,1 00.00 S 9.540.00 Water&PAVING TOTAL I S (8,620.46) REASONS FOR CHANGE ORDER Revising the subgrade of the alleys from 4"flexible base to 6"lime.Add lion of 2'IRigation services. RECOMMENDED: APPROVED: I APPROVED: Teague Nall&Perkins.Inc. H s Oedelo brit,Inc. L La Compa ,Ltd BY: f��D Br ' (( B- Name: Samuel Knight,P.E. Nam. m t d, r Name ILI Title:Project Manager Title: `',r (�� Title: 1FGf AAIJD-fir Revised:10.12.2011 Page 2 DEVELOPER-AWARDED-PROJECT CHANGE ORDER Water,Sewer,Paving,Drainage,and Street Light Improvements to Serve Palmilla Springs PROJECT NAME: Phase 5 CHANGE CONTRACT: (A)Water,Sewer,and Drainage, B Paving,and (C)Street Lights ORDER No: CFA# CFA20-0057 CITY PARTICIPATION: Yes CITY PROJECT# 102450 DOE# CO3 WATER PROJECT# 30114-0200431-102450-EO7685 SEWER PROJECT# 30114-0200431-102450-EO7685 FILE# X-26322 INSPECTOR: Matt Cain Phone No: PROJECT MANAGER: Pat Buckley Phone No: 817-392-2443 CONTRACT UNIT WATER SEWER PAVING DRAINAGE STREETLIGHTS CONTRACT Developer Developer 'F$56i,472.28 Developer DAYS Cost City Cost Cost City Cost Developer Cost City Cost City Cost Cost City Cost ORIGINAL CONTRACT $591,671,49 $33,861.96 $953,843.99 $0.00 $1,860,677.11 $0.00 $0.00 $163,317.92 $0.00 180 EXTRAS TO DATE $10,497.50 $730.09 ($18,160.46) $0.00 CREDITS TO DATE $0.00 $0.00 $0.00 $0.00 CONTRACT TO DATE $602,168.99 $33,861.96 5954,574.08 $0.00 $1,842,516.65 $0.00 $0.00 $163,317.92 $0.00 180 AMOUNT OF PROP.CHANGE ORDER ($10,168.92) $0.00 $0.00 REVISED CONTRACT AMOUNT $602,168.99 $33,861.96 $944,405.16 $0.00 $1,842,516.65 $0.00 $561,472.28 $0.00 $163,M7.92 $0.00 180 TOTAL REVISED CONTRACT AMOUNT PER UNIT $636,030.95 $944,405.16 $1,842,516.65 $561,472.28 $163,317.92 REVISED COST SHARE Day.Cost: $4,113,881.00 City Cost: $33,861.96 TOTAL REVISED CONTRACT $4,147,742.96 Revised:10-12-2011 Page 1 You are directed to make the followin than es in the contract documents: CITY BID ITEM PAY ITEM# QU# ANTITY UNIT ITEM DESCRIPTION UNIT PRICE TOTAL A1.7 3331.4115 141 1 LF I 8"Sewer Pie 1$ 37.38 $ 5,270.58 A1.9 3331.4119 1 141 1 LF 1 8"DIP Sewer Pie $ 109.50 $ 15,439.50 Sewer Total 5 11 Q 168.92 REASONS FOR CHANGE ORDER Revised 8"sanitary sewer line A from Ductile Iron to PVC from station 1+00.00 to 2+41.14. RECOMMENDED: APPROVED: APPROVED: Teague /Nall /&Perkins,Inc. HMHPalmilla Springs Development,Inc. L.H.Lacy Company,Ltd By: By:By: By: Name: Samuel Knight,P.E. Name: Name: Title:Project Manager Title: Title: Revised:10-12-2011 Page 2 FORTWORTH TRANSPORTATION AND PUBLIC WORKS PIPE REPORT FOR: PROJECT NAME: Pahnilla Springs Ph.5 PROJECT NUMBER: 102450 DOE NUMBER: WATER PIPE LAID SIZE TYPE OF PIPE LF C900 8" PVC 9358 C900 16" PVC 499 FIRE HYDRANTS: 11 EA. VALVES (16" OR LARGER) 1 EA. PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: yes NEW SERVICES: 1" Copper 236 EA. 2" Copper 3 EA. SEWER PIPE LAID SIZE TYPE OF PIPE LF SDR 26 8" PVC 12155 PIPE ABANDONED SIZE TYPE OF PIPE LF N/A DENSITIES: Yes NEW SERVICES: 4" PVC 233 EA. TRt1NSPORTATION AND PUBLIC WORKS y° The City of Fort Worth• 1000 Throckmorton Street•Fort Worth,TX 76012-6311 (817)392-7941 •Fax: (817)392-7845 FORT WORTH. TRANSPORTATION AND PUBLIC WORKS November 23, 2021 L.H. Lacy Company, LTD. 1880 Crown Rd. Dallas,TX. 75234 RE: Acceptance Letter Project Name: Palmilla Springs Ph.5 Project Type: Development City Project No.: 102450 To Whom It May Concern: On November 2, 2021 a final inspection was made on the subject project. There were punch list items identified at that time. The punch list items were completed on November 23, 2021. The final inspection and the corrected punch list items indicate that the work meets the City of Fort Worth specifications and is therefore accepted by the City. The warranty period will start on November 23, 2021, which is the date of the punch list completion 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) 392-2443. Sincerely, Patrick w dey(De ,2021 08:36 CST) Pat Buckley, Project Manager Cc: Matt Cain, Inspector Ron Cordova, Inspection Supervisor Edward D'Avila, Senior Inspector Victor Tornero, Program Manager Teague Nall & Perkins, Consultant L.H. Lacy, Contractor Historymaker, Developer File E-Mail: TPW_Acceptance@fortworthtexas.gov Rev.8/20/19 AFFIDAVIT STATE OF Texas COUNTY OF Dallas Before me, the undersigned authority, a notary public in the state and county aforesaid, on this day personally appeared Bobby W. Gordon, President Of L.H. Lacy Company, Ltd, 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; That there are no claims pending for personal injury and/or property damages; On Contract described as; City Project No. 102450- Palmilla Springs Phase 5 BY Bobby W. Gordon, President Subscribed and sworn before me on this date 27 of October, 2021. tary Public Dallas County, Texas DARLENE CONEY My Notary ID#t 10317301 Expires March 9,2024 CONSENT OF SURETY OWNER D TO FINAL PAYMENT AWMrrsCr A�4 Dement G707 comuc it ❑ SUR )} Bond No. 3326208 WHIM E1 TO OWNER: ARCHITECIuS PROJECT NO.: fRameafralad ) City of Fort Worth&HMH Palmilla Prings Development,Inc. 1038 Texan Trail Construction Grapevine, TX 76051 PROJECT CONTR&CT DATED, (AW-and&A Water, Sewer, Paving, Drainage&Street Light Improvements to Serve Palmilla Springs Phase 5 In acco;dance witb the provWons ofthe Comma between the owner anti the Conma(w as Indicnedalwe,the flawtnmeand awrostofsomiyj Great American Insurance Company of New York 301 East Fourth Street Cincinnati, OH 45202 , SUiiR1'St, on bond of fJnwnnameandad&vzqrCa vraaw) L.H. Lacy Company, Ltd. 1880 Crown Dr., Suite 1200 Dallas, TX 75234 CONTRACTOR, hereby approves of the final payment to the Cona mr,and agrees that final payment to the Contractor shalt not relieve the Surety of any of Its obligations to fijwrt=weandaddrwgfGwu 1 City of Fort Worth&HMH Palmilla Prings Development, Inc. 1038 Texan Trail Grapevine,TX 76051 OWNER, as set fcxr€b In said Surety's bvtcd. IN VMNFSS WH$REOF,the Surety has hereunto set its hand on thjs date October 27, 2021 toadhnm#bWl wvwn&jWkmwtfhv&auranerkdhreaudywn; Great American Insurance Company.of NeW'Ybtk (Aff By: - fSatargjar�crlmriarpr�nratr�rJ - Attest: OV3- �^ Rita G. Gulizo Attorney-vire-Fa_ct (sew): AI Johnson,Witness - 1Pri�rte�drtameafr4rtdde? 0707-1994 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET • CiNCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 19964 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power RITA G.GULIZO ALL OF ALL SUSAN D.ZAPALOWSKI NEW ORLEANS,LOUISIANA $100,000,000 DAVID T.MICLETTE This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. iN WITNESS WHEREOF,the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 13TH day of APRIL , 2020 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK Dnvsionai Senior I ice President Assistant Secretary MARK MAMO(877-377-24M STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 13TH day of APRIL 2020 ,before me personally appeared MARK VICARIO,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. SUSAN A K0110RST _ R Notary Public State of Ohio My Comm.Comm.Expires May 18,2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company of New York,da hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14,2009 have nofbeeirrii vi kiid and are now in full force and effect. Signed and sealed this L' day of SEAL `_i _ ~Mom` Assistant Secretary 61185N(03r20)