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HomeMy WebLinkAboutContract 61624-FP1FORTWORTH. -FP1 City Secretary 61624 Contract No. Date Received 8/15/2025 AT 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: Northpointe Phase 12 City Project No.: 104288 Improvement Type(s): 0 Paving 0 Drainage 0 Street Lights ❑ Bridge Original Contract Price: Amount of Approved Change Order(s) Revised Contract Amount: Total Cost of Work Complete: Jam G�d(Au�11:51:11CDT) 08/15/2025 Contractor Date Project Manager Title Conatser Construction Company Name Sri Pe ibhotla (Aue 15, 202511:53:03 CDT) 08/15/2025 Project Inspector Date K"w 7" � ,r „,,,,„11 ,a ,rr'll 08/15/2025 Project Manager Date 1/1� 08/15/2025 CFA Manager Date /e&� 08/15/2025 TPW Director Date C-�P� 08/18/2025 Asst. City Manager Date $2,090,572.00 $0.00 $0.00 $2,090,572.00 Page 1 of 2 Notice of Project Completion Project Name: Northpointe Phase 12 City Project No.: 104288 City's Attachments Final Pay Estimate ❑x Change Order(s): ❑ Yes ❑x N/A Contractor's Attachments Affidavit of Bills Paid Consent of Surety �r Statement of Contract Time Contract Time: 180 WD Work Start Date: 7/24/2024 Completed number of Soil Lab Test: 1065 Completed number of Water Test: 21 Days Charged: 220 WD Work Complete Date: 7/8/2025 Page 2 of 2 FORT WORTH CITY OF FORT WORTH FINAL PAYMENT REQUEST Contract Name NORTHPOINTE, PHASE 12 Contract Limits Project Type DRAINAGE City Project Numbers 104288 DOE Number 4288 Estimate Number 1 Payment Number 1 For Period Ending City Secretary Contract Number Contract Date Project Manager NA Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 Inspectors D. WATSON / PEDDIBHOTLA Contract Time Days Charged to Date Contract is 100.00 7/8/2025 WD 18WD 220 Complete Friday, August 15, 2025 Page 1 of 5 City Project Numbers 104288 Contract Name NORTHPOINTE, PHASE 12 Contract Limits Project Type DRAINAGE Project Funding UNIT III: DRAINAGE IMPROVEMENTS Item Description of Items No. 1 10' CURB INLET 2 15' CURB INLET 3 4' STROM JUNCTION BOX 4 5' STROM JUNCTION BOX 5 6' STROM JUNCTION BOX 6 21" RCP, CLASS III 7 24" RCP, CLASS III 8 27" RCP, CLASS III 9 30" RCP, CLASS III 10 36" RCP, CLASS III 11 42" RCP, CLASS III 12 REMOVE HEADWALL AND CONNECT TO EXISTING RCP DOE Number 4288 Estimate Number 1 Payment Number 1 For Period Ending 7/8/2025 Estimated Unit Unit Cost Estimated Completed Completed Quanity Total Quanity Total 18 EA $3,800.00 $68,400.00 18 $68,400.00 7 EA $4,800.00 $33,600.00 7 $33,600.00 11 EA $6,000.00 $66,000.00 11 $66,000.00 7 EA $7,000.00 $49,000.00 7 $49,000.00 1 EA $8,000.00 $8,000.00 1 $8,000.00 656 LF $75.00 $49,200.00 656 $49,200.00 1168 LF $85.00 $99,280.00 1168 $99,280.00 453 LF $95.00 $43,035.00 453 $43,035.00 298 LF $110.00 $32,780.00 298 $32,780.00 711 LF $150.00 $106,650.00 711 $106,650.00 51 LF $205.00 $10,455.00 51 $10,455.00 1 EA $3,500.00 $3,500.00 1 $3,500.00 13 12" LARGE STONE RIP, DRY 74 SY $145.00 $10,730.00 74 $10,730.00 14 TRENCH SAFETY 3337 LF $2.00 $6,674.00 3337 $6,674.00 Sub -Total of Previous Unit $587,304.00 $587,304.00 UNIT IV: PAVING IMPROVEMENTS Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total --------------------------------------- 1 3213.0101 6" CONC PCMT 17945 SY $58.00 040,810.00 17945 1,040,810.00 2 3211.0501 6" LIME TREATMENT 19110 SY $4.00 $76,440.00 19110 $76,440.00 3 3211.0400 HYDRATED LIME @ 30# / SY 287 TN $245.00 $70,315.00 287 $70,315.00 4 3213.0302 5' CONC SIDEWALK 4050 LF $24.00 $97,200.00 4050 $97,200.00 5 9999.0001 CONTRUCT CONCRETE HEADER 3 LF $1,200.00 $3,600.00 3 $3,600.00 6 9999.0002 INSTALL TYPE III END -OF -ROAD 3 EA $750.00 $2,250.00 3 $2,250.00 BARRICADE 7 9999.0003 REMOVE BARRICADE & CONNECT 5 EA $500.00 $2,500.00 5 $2,500.00 TO EXISTING STREET 8 3213.0501 BARRIER FREE RAMP, TYPE R-1 4 EA $2,000.00 $8,000.00 4 $8,000.00 9 3213.0506 BARRIER FREE RAMP, TYPE P-1 8 EA $2,200.00 $17,600.00 8 $17,600.00 10 3441.4003 FURNISH/INSTALL ALUM SIGN 15 EA $650.00 $9,750.00 15 $9,750.00 GROUND MOUNT CITY STD. Friday, August 15, 2025 Page 2 of 5 City Project Numbers 104288 Contract Name NORTHPOINTE, PHASE 12 Contract Limits Project Type PAVING Project Funding 11 9999.0004 INSTALL STREET NAME BLADES 9 EA 12 9999.0005 INSTALL STOP SIGN 6 EA ----------------------- Sub-Total of Previous Unit ------------------- UNIT V: STREET LIGHTING IMPROVEMENTS DOE Number 4288 Estimate Number 1 Payment Number 1 For Period Ending 7/8/2025 $350.00 $3,150.00 9 $3,150.00 $450.00 $2,700.00 6 $2,700.00 --------------- $1,334,315.00 $1,334,315.00 Item Description of Items Estimated Unit Unit Cost Estimated Completed Completed No. Quanity Total Quanity Total 1 RDWY IIIUM TY 11 POLE 24 EA $3,000.00 $72,000.00 24 $72,000.00 2 RDWY HIUM FOUNDATION TY 1,2, AND 4 24 EA $1,200.00 $28,800.00 24 $28,800.00 3 NO 6 INSULATED ELEC CONDR. ALUM. #6 1937 LF $4.00 $7,748.00 1937 $7,748.00 XHHW 4 INSTALL TYPE 33B ARM 24 EA $500.00 $12,000.00 24 $12,000.00 5 ARBO-20BLEDE70-MVOLT-R2-3K-MP-NL-P7 22 EA $750.00 $16,500.00 22 $16,500.00 LUMINAIRE 6 TYPE R4 LUMINAIRE 3 EA $950.00 $2,850.00 3 $2,850.00 7 -------------------------------------- 2" CONDT PVC SCH 80, OPEN CUT 1937 LF $15.00 $29,055.00 1937 $29,055.00 Sub-Total of Previous Unit $168,953.00 $168,953.00 Friday, August 15, 2025 Page 3 of 5 City Project Numbers 104288 Contract Name NORTHPOINTE, PHASE 12 Contract Limits Project Type STREET LIGHTING Project Funding Contract Information Summary Original Contract Amount Change Orders Total Contract Price DOE Number 4288 Estimate Number 1 Payment Number 1 For Period Ending 7/8/2025 $2,090,572.00 $2,090,572.00 Total Cost of Work Completed $2,090,572.00 Less % Retained $0.00 Net Earned $2,090,572.00 Earned This Period $2,090,572.00 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 $0.00 $0.00 $0.00 $0.00 $0.00 $2,090,572.00 Friday, August 15, 2025 Page 4 of 5 City Project Numbers 104288 Contract Name NORTHPOINTE, PHASE 12 Contract Limits Project Type STREET LIGHTING Project Funding Project Manager NA Inspectors D. WATSON / PEDDIBHOTLA Contractor CONATSER CONSTRUCTION TxLP 5327 WICHITA ST FORT WORTH, TX 76119 DOE Number 4288 Estimate Number 1 Payment Number 1 For Period Ending 7/8/2025 City Secretary Contract Number Contract Date Contract Time 180 WD Days Charged to Date 220 WD 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 $2,090,572.00 Less % Retained $0.00 Net Earned $2,090,572.00 Earned This Period $2,090,572.00 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 $2,090,572.00 Friday, August 15, 2025 Page 5 of 5 FORTWORTH. TRANSPORTATION AND PUBLIC WORKS August 8, 2025 Conatser Construction TX LP. 5327 Wichita St Fort Worth, TX 76119 RE: Acceptance Letter Project Name: Northpointe Ph-12 Project Type: 03,04,06 City Project No.: 104288 To Whom It May Concern: On August 8, 2025 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 August 8, 2025, 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- 392-2237. Sincerely, RAow 7"4(/' Ran I,—r 11 15, 2C251- 0'42 CD I; Ram Tiwari, Project Manager Cc: Sri Peddibhotla, Inspector Don Watson, Inspection Supervisor Oscar Agullion, Senior Inspector Andrew Goodman, Program Manager Kimley Horn, Consultant Conatser Construction TX LP, Contractor Lennar Construction, 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: NORTHPOINTE PH. 12 WATER, SEWER, DRAINAGE, PAVING & STREET LIGHT IMPROVEMENTS CFA PRJ # 23-0131 CITY PROJECT # 104288 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP A�� Subscribed and sworn to before me this 11th day of August, 2025. leCOMM.M. KATH I E R SEA ! W d'V NOTARY PUBLIC, STATE OF TEXAS Ip a 1 S a 6 7 9 3 3 Notary Public in Tarrant County, Texas 11=§8=$025 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Northpointe, Phase 12 Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER CITY OF FORT WORTH AND LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 200 Texas Street Fort Worth TX 76102 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. Bond No 0260238 ARCHITECT'S PROJECT NO: CFA No. 23-0131 CONTRACT FOR: Water, Sanitary Sewer, Drainage, Paving, & Street Lighting Improvements for Northpointe, Phase 1 Z 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) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 ,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) CITY OF FORT WORTH AND LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD 200 Texas Street Fort Worth TX 76102 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): 8th day of August, 2025 BERKLEY INSURANCE COMPANY Surety Company / Signature of Authorized Representative Robbi Morales Title Attorney -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-72801 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Cornell, Sophinie Hunter; .� Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua Saunders; Tonie Petranek; or Mikaela Peppers of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below Z and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty ct Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its VI principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, -d without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: o ritten by Berkley Surety, the Chairman of the Board, Chief RESOLVED, that, with respect to the Surety business w oExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein o to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such oa attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the L manner and to the extent therein stated; and further > RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and 3 further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any cl .� power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or y�8 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any :~ person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have aceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its w o corporate seal hereunto affixed this 2„d day of Mav 2024 Attest_ Berkley Insurance Company U (Seal) By `. �1� _ By Philip S�telt Je M_ a -6 Executive Vice President & Secretary Senior Vice. President o o STATE OF CONNECTICL:T ) ss: COL N-TY OF FAIRFIELD ) o Sworn to before me. a Notary Public in the State of Connecticut, this 2d day of May 2024 . by Philip S_ Welt and N o Jeffrey M Hafter who are svmm to me to be the Executive Vice President and Secretary, and the Senior Vice President, o respectively, of Berkley Insurance Company /l Fs `� NOTE PU5UG a� 00NNECT1GtIT Notary Public, State. of Connecticut Q W00UlAIB "MnM 04-3Q-2= CERTIFICATE U o I, the undersigned, Assistant Secretary- of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that. the foregoing is a true, correctand complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded Z and that the authority of the Attorney -in -Fact set forth therein who executed the bond or undertaking to which this Power of Attorney is attached, is in fiAl force and effect as of this date_ +k— wGiven under my hand aid seal of the Company, this r _ day of k,,,Z- (Seal) Vincent P. Forte 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: NORTHPOINTE PH. 12 WATER, SEWER, DRAINAGE, PAVING & STREET LIGHT IMPROVEMENTS CFA PRJ # 23-0131 CITY PROJECT # 104288 CITY OF FORT WORTH STATE OF TEXAS CONATSER CONSTRUCTION TX, LP A�� Subscribed and sworn to before me this 11th day of August, 2025. leCOMM.M. KATH I E R SEA ! W d'V NOTARY PUBLIC, STATE OF TEXAS Ip a 1 S a 6 7 9 3 3 Notary Public in Tarrant County, Texas 11=§8=$025 CONSENT OF SURETY COMPANY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 PROJECT: (name, address)Northpointe, Phase 12 Fort Worth, TX TO (Owner) OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER CITY OF FORT WORTH AND LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. 200 Texas Street Fort Worth TX 76102 CONTRACTOR: CONATSER CONSTRUCTION TX, L.P. Bond No 0260238 ARCHITECT'S PROJECT NO: CFA No. 23-0131 CONTRACT FOR: Water, Sanitary Sewer, Drainage, Paving, & Street Lighting Improvements for Northpointe, Phase 1 Z 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) BERKLEY INSURANCE COMPANY 475 Steamboat Road Greenwich CT 06830 , SURETY COMPANY on bond of (here insert name and address of Contractor) CONATSER CONSTRUCTION TX, L.P. 5327 Wichita St. Fort Worth TX 76119-6035 ,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) CITY OF FORT WORTH AND LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD 200 Texas Street Fort Worth TX 76102 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this Attest: (Seal): 8th day of August, 2025 BERKLEY INSURANCE COMPANY Surety Company / Signature of Authorized Representative Robbi Morales Title Attorney -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-72801 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Cornell, Sophinie Hunter; .� Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua Saunders; Tonie Petranek; or Mikaela Peppers of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below Z and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty ct Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its VI principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, -d without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: o ritten by Berkley Surety, the Chairman of the Board, Chief RESOLVED, that, with respect to the Surety business w oExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein o to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such oa attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the L manner and to the extent therein stated; and further > RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and 3 further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any cl .� power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or y�8 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any :~ person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have aceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its w o corporate seal hereunto affixed this 2„d day of Mav 2024 Attest_ Berkley Insurance Company U (Seal) By `. �1� _ By Philip S�telt Je M_ a -6 Executive Vice President & Secretary Senior Vice. President o o STATE OF CONNECTICL:T ) ss: COL N-TY OF FAIRFIELD ) o Sworn to before me. a Notary Public in the State of Connecticut, this 2d day of May 2024 . by Philip S_ Welt and N o Jeffrey M Hafter who are svmm to me to be the Executive Vice President and Secretary, and the Senior Vice President, o respectively, of Berkley Insurance Company /l Fs `� NOTE PU5UG a� 00NNECT1GtIT Notary Public, State. of Connecticut Q W00UlAIB "MnM 04-3Q-2= CERTIFICATE U o I, the undersigned, Assistant Secretary- of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that. the foregoing is a true, correctand complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded Z and that the authority of the Attorney -in -Fact set forth therein who executed the bond or undertaking to which this Power of Attorney is attached, is in fiAl force and effect as of this date_ +k— wGiven under my hand aid seal of the Company, this r _ day of k,,,Z- (Seal) Vincent P. Forte