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HomeMy WebLinkAbout12394RESOLUTION NO. 12394 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $107,985.26 TO K.R. SWERDFEGER CONSTRUCTION, INC., FOR SANITARY SEWER POINT REPAIR IN THE ALLEY BETWEEN WEST THTH 14 STREET AND WEST 15 STREET AT NORTH GRAND AVENUE, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME WHEREAS, an emergency sanitary sewer repair was authorized by the Pueblo City Manager in accordance with Section 1-10-5 of the Pueblo Municipal Code, and; WHEREAS the point repair work was awarded to K.R. Swerdfeger Construction, Inc. under the 2011-2012 multi-year point repair contract; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. th in the alley between West 14 Street and A contract to repair the sanitary sewer th West 15 Street at North Grand Avenue . Contract Agreement for Sanitary Sewer Repair with K. R. Swerdfeger Construction, Inc., Project No. 11-012 (WWAN01) is hereby awarded to said bidder in the amount of $107,985.26. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for Project No. 11-012 (WWAN01) shall be from the Sewer User Fund. INTRODUCED: May 14, 2012 BY: Sandy Daff COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: MAY 14, 2012 AGENDA ITEM # M-5 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $107,985.26 TO K. R. SWERDFEGER CONSTRUCTION, INC., FOR SANITARY TH SEWER POINT REPAIR IN THE ALLEY BETWEEN WEST 14 STREET AND WEST TH 15 STREET AT NORTH GRAND AVENUE, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME ISSUE Should the City Council award a construction contract in the amount of $107,985.26 to K. R. Swerdfeger Construction, Inc., for emergency sanitary sewer repair in the alley thth between West 14 Street and West 15 Street at North Grand Avenue? RECOMMENDATION Approve this Resolution. BACKGROUND On February 7, 2012, the Wastewater Department was made aware of a severely thth damaged sewer main in the alley of West 14 Street and West 15 Street at Grand Avenue. Immediate repair was necessary to prevent any potential sanitary sewer overflows or sewage backups into the upstream residences. Atypical costs were incurred while completing the project. Exploratory excavation was necessary to locate the intersection of the sanitary sewer main in the alley and the main in North Grand Avenue. A section of 10-inch storm sewer was located directly over the sanitary main and had to be removed and replaced to access the sanitary main. Milling and overlaying of the asphalt was performed due to considerable cracking from the project activities and due to some areas of the roadway not having sufficient asphalt depths. Lastly, in order to reinstate all sanitary services, the sanitary main needed to be installed at a greater depth, making additional excavation necessary. The quote for the unit prices for the work by K. R. Swerdfeger Construction, Inc. and the change order for the project are attached. This work was performed under the Sanitary Sewer Point Repair multi-year contract under which eight contractors were qualified via competitive bid. During the project the costs were modified by actual field quantities as noted on the attached change order. The cost breakdown for the project is as follows: Sewer Replacement-related Remove & Replace 8-inch PVC Pipe Less than 8’ Deep ............................................ $2,250.00 Remove & Replace 8-inch PVC Pipe Less than 12’ Deep ........................................ $16,700.00 Additional Depth 8-inch Pipe ............................... $545.00 Remove & Replace 48-inch Diameter Manhole ......................................................... $12,000.00 Additional Depth of Manhole ............................... $600.00 Reinstate Services ........................................... $2,100.00 Exploratory Excavation ..................................... $8,912.79 Remove and Replace 10-inch Storm Sewer ........................................ $2,400.00 Mobilization ....................................................... $1,200.00 Subtotal: .............. $46,707.79 (43%) Surface Improvement-related Asphalt Patch .................................................. $18,370.00 Remove and Replace 7” Reinforced Concrete .................................... $1,820.00 Remove and Replace Standard Curb and Gutter ................................ $1,520.00 Place Flowfill .................................................. $12,075.00 T&M Spoils Haul Off ......................................... $3,070.00 Mill & Overlay ................................................. $12,536.10 Asphalt Leveling ................................................ $4,867.20 Class 6 ABC ........................................................ $667.92 Structural Fill .................................................... $2,027.25 Traffic Control ................................................... $4,324.00 Subtotal: .............. $61,277.47 (57%) TOTAL: .............. $107,985.26 FINANCIAL IMPACT Funding for this project will come from the sanitary sewer rehabilitation budget funded by the Sewer User Fund. Funding is available and has been appropriated and allocated to Project No. 11-012 (WWAN01). CONTRACT CHANGE ORDER CITY OF PUEBLO DEPARTMENT OF PUBLIC WORKS Project Number: 11 -012 Change Order No. : ONE 4/12/2012 Page 1 of 1 Project Name : Alley Between 14th St and 15th St, Grand Ave to Court St Contractor : K.R. SWERDFEGER CONSTRUCITON, INC, You are hereby requested to comply with the following changes from the plans & specifications: Bid Item Description of Changes Decrease Increase No. Contract By Contract By 1 Remove & Replace 8" PVC Pipe <8" ($13,500.00) 2 Asphalt Patch - 4" Asph. On 6" ABC ($880.00) 3 Remove & Replace 7" Reinforced Concrete ($70.00) 4 Reinstate Service ($350.00) 5 Remove& Replace Standard Curb & Gutter $1,520.00 6 Remove & Replace 8" PVC Pipe <12" $16,700.00 7 Place Flowfill $12,075.00 8 Mill & Overlay $12,536.10 9 Asphalt Leveling $4,867.20 10 Stuctural Fill $2,027.25 11 Class 6 ABC $667.92 12 Traffic Control $4,324.00 13 Additional Depth 1 +75 to 2 +25 $50.00 14 Additional Depth 2 +25 to 2 +50 $50.00 15 Additional Depth 2 +50 to 2 +75 $75.00 16 Additional Depth 2 +75 to 3 +00 $100.00 17 Additional Depth 3 +00 to 3 +25 $125.00 18 Additional Depth 3 +25 to 3 +54 $145.00 19 Additional Depth Manhole $600.00 20 Storm Sewer - 10" $2,400.00 21 T &M Flowfill Haul Off $3,070.00 21 Exploratory Excavation $8,912.79 TOTAL (Decrease) / Increase I ($14,800.00)1 $70,245.26 Net Adjustment This Change Order $ 55,445.26 Amount of Previous Change Order(s) $ 0.00 Original Contract Amount $ 52,540.00 Total Adjusted Contract Amount To Date $ 107,985.26 (Reason For Change: Actual Field Quantities. Extra work needed to complete project L e time provided for completion the contract is unchanged I by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract apply hereto. Prepared by: Date: Associate Engineer 11 Reviewed by: Date: Wastewater Engineering Supervisor Accepted by: Date: Contractor's Representative If this Change Order causes an increase from the original contract price, signed approval by the Director constitutes representation that lawful appropriations are sufficient to cover such increase. Approved by: Date: Director of Wastewater FORM C0100.1299 ARTICLE 1 C. CONTRACT AGREEMENT For Emergency Sanitary Sewer Repair THIS AGREEMENT made and entered into this 9th day of February, 2012, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the "City ", and K.R. Swerdfeger Construction, Inc., referred to in the Contract Documents as "Contractor ". WITNESSETH: In consideration of the sum to be paid by the City to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed, and does hereby agree, to furnish all labor, tools, equipment and material and to pay for all such items, and to construct complete in every detail, To -Wit: Project No. 11 -012 (WWANO3) FY2011 and 2012 Sanitary Sewer Point Repair Alley between 14 Street and 15 Street, North Grand Avenue to Court Street At the prices bid in Article 1.B. Request for Quotation form, in accordance with the drawings and specifications, and all Contract Documents for this project which are on file and available for inspection in the office of the Director of Wastewater, all to the satisfaction of the Director of Public Works for the City of Pueblo, Colorado AND FOR SAID CONSIDERATION IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS: 1. Construction and installation of the above enumerated work for the City shall be completed and ready for use in accordance with the time of completion described in the Notice to Proceed for the Sub - Project. This time shall be extended only for those periods set forth in the Contract Documents and in accordance with the requirements of same. 2. The work and material for the Project covered by the Contract Documents shall be completely installed and delivered to the City within the time above stated, clear and free from any and all liens, claims and demands of any kind. Wherever in the Contract Documents the term "Project" is used, it shall be taken to mean this Sub - project. 3. The full compensation to be paid to the Contractor by the City, pursuant to the terms of this Contract, shall be payable as provided in the Contract Documents. 4. This Contract consists of the following component parts and documents, all of which taken together constitute and are referred to as the Contract Documents, and the same are incorporated as part of the Contract as if set out herein verbatim, whether the same have been attached hereto or not: A. Request for Quotations B. This Contract Agreement C. General Conditions of the Contract — Article 3 D. Special Conditions E. The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, (most current edition in effect on date of bid opening), are hereby included by reference and all provisions thereof shall be applicable. By submitting his bid, the Contractor acknowledges that he possesses a copy of said document. 5. Title XI I, Chapter 2, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 3476, and amended by Ordinance No. 4476 and 5229, shall be considered a part of this contract. 6. Title I, Chapter 8, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 4479, shall be considered a part of the contract. 7. All of the covenants and agreements set forth in the Contract Documents shall inure to the benefit of and be binding upon City and Contractor and their respective heirs, legal successors and assigns and shall be governed by the laws of the State of Colorado. 8. Payment and Performance Bonds will not be required for this project if the bid amount is less than $50,000.00 (per §38 -26 -106, C.R.S.). Progress payments will not be made, and a single payment all work will be made upon completion of the entire Project and verification is made that it has been inspected and approved by authorized Wastewater personnel. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in four (4) original counterparts as of the day and year first above written. K.R. Swerdfeger Construction, Inc. Contractor By Title XPIfier 1/1 lee /en F PUEBLO UNICIPAL CORPORATION -11 By l f iC / .••• t ` /or ,; �'' Purchasing Agent ■�.\ 1 I � `wr_ ATTEST. , ' , a in ti f . �. �'Q/' , City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRA D FUNDS ARE AVAILABLE: Director of Finance APPROV: AS TO FeR f: City Attorney ARTICLE 1 B. REQUEST FOR QUOTATIONS PROJECT NO.: 11 -012 (WWANO3) PROJECT NAME: Point Repair — Alley between 1 4 th Street and 15 Street, North Grand Avenue to Court Street All proposals are to be prepared on this form. All blank spaces must be correctly filled in where indicated for each and every item for which a quantity is given, and the bidder must state the prices (written in ink or typewritten) for which he proposes to do each item of the work contemplated or furnish each item of the materials required. The undersigned, having become familiar with the local conditions affecting the cost of the work, and with the contract documents, including advertisement for bids, the form of proposal, the form of contract, form of bond, special provisions of the contract, general provisions of the contract, etc., plans, drawings and specifications, issued and attached to the contract documents on file in the office of the Purchasing Agent, hereby proposes to furnish all of the labor, materials, necessary tools and equipment and all utility and transportation service necessary to perform and complete in a workmanlike manner all of the work required in connection with the construction of an Emergency Repair to the Alley between 14 Street and 15 Street, North Grand Avenue to Court Street accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the following bidding schedule: BID ESTIMATED UNIT ITEM DESCRIPTION QUANTITY PRICE AMOUNT Alley between 14 Street and 15 Street, North Grand Avenue to Court Street 1 Remove & Replace 8" PVC 350 LF $ 45.00 $ 15,750.00 2 Asphalt Patch -4" on 6" Class 6 ABC 350 LF $ 55.00 $ 19,250.00 3 Remove and Replace 7" Reinforced Concrete 270 SF $ 7.00 $ 1,890.00 4 Remove and Replace 48" Dia Manhole 3 EA $ 4,000.00 $ 12,000.00 5 Reinstate Services 7 EA $ 350.00 $ 2,450.00 6 Mobilization 1 LS $ 1,200.00 $ 1,200.00 GRAND TOTAL BID $ 52,540.00 (Fifty Two Thousand Five Hundred and Forty Dollars and zero cents) The Grand Total Bid shall be the basis for establishing the amount of the performance bond for this contract. The total bid is based on quantities shown on the proposal form and on the dimensions shown on the plans, and is subject to additions or reductions according to the actual construction quantities as determined by the Engineer upon completion of the construction. The City reserves the right to adjust the required quantities and the contractor shall furnish said quantities at the unit price quoted above. The time allowed for construction shall be adjusted in direct proportion of the adjusted quantities to the estimated quantities. Page 1 of 2 C- ART1 -8; 1 -13 -2003 The undersigned has carefully checked the above quantities against the plans and specifications before preparing this proposal and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be done in accordance with the plans and specifications. The bidder must sign his proposal correctly and in ink; if the proposal is offered by an individual, his name, office and post office address must be shown. If made by a firm or partnership, the name, office and post office address of each member of the firm or partnership must be given; if offered by a corporation, the person signing the proposal must give the name of the state under the laws of which the corporation was chartered, and the name, title and business address of the President, Secretary and the Treasurer. Anyone signing a proposal as agent must file legal evidence of his authority to do so, and that the signature is binding upon the firm or corporation. The undersigned, if awarded the contract, agrees to complete and file the complete contract and performance bond in quadruplicate within ten (10) days of the date of Notice of Award, and further agrees to complete the work within thirty -five (35) calendar days of Notice to Proceed. Liquidated damages will be assessed in accordance with Section 3.54 of ARTICLE 3 - GENERAL PROVISIONS, for every calendar day thereafter until the work is complete and accepted by the City of Pueblo. NOTE: Bidders should not add any conditions or qualifying statements to this bid as otherwise the bid may be declared irregular as being not responsive to the advertisement for bids. The contractor shall be subject to all applicable City, County, State and Federal Taxes in the performance of this contract. Firm Name : K.R. Swerdfeger Construction, Inc. Business Address : 421 East Industrial Boulevard Pueblo, CO 81007 By : Title : SK, ��� ��., csi t,? Date : Tele. No.: 719 - 547 -0242 Fax No. : 719 - 547 -9297 Contractor's Federal I.D. Number : 84- 0647489 Page 2 of 2 C- ART1 -B; 1 -13 -2003 a ARTICLE 1 F. PERFORMANCE BOND Bond Number 105720289 KNOW ALL MEN BY THESE PRESENTS : That we K.R. Swerdfeger Construction, Inc. a Corporation (Name of Contractor) (Corporation, Partnership, or Individual) hereinafter called "Principal" and Travelers Casualty and Surety Company of America ( Surety) of Hartford , State of CT , hereinafter called the "Surety ", are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called "City", in the penal sum of Fifty Two Thousand Five Hundred Forty & 00/100 Dollars ($ 52,540.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City, dated the 9th day of February , 2012 , a copy of which is hereto attached and made a part hereof for the construction of: 11-012 (WWANO3) ALLEY BETWEEN 14 STREET AND 15 STREET, NORTH GRAND AVENUE TO COURT STREET NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof (including all warranty periods), and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Page 1 of 2 C-ART1-F 1 -13 -2003 (Performance Bond) IN WITNESS WHEREOF, this instrument is executed in four (4) counter -parts, each of which shall be deemed an original, this the 10 day of February , 20 K.R. Swerdfeger Construction, Inc. Principal ATTEST • / By /' . �:. f rincipali- cretary / (SEAL) / 421 E. Industrial Blvd., Pueblo West, CO 81007 (Address) / By - (Wi ness as to Principal) ` 'I E s .11SIrd ? ci 10 lay1L D (Address) g Travelers Casualty and Surety Company of America Surety ATTEST : By N/A , (Surety) Attorney -In -Fact it ynn Guer y -In -'act Air (SEAL) One Tower Square, artford, CT 06183 (Address) By ;4, h,ca-- 4' lS (Witness as to Surety) Melissa Nesavich 2000 S. Colorado Blvd., Tower II, Suite 900 ..- Denver, CO 80222 (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute bond. Page 2 of 2 C- ART1 -F, 1 -13 -2003 ARTICLE 1 G. PAYMENT BOND Bond Number 105720289 KNOW ALL MEN BY THESE PRESENTS : That we K.R. Swerdfeger Construction, Inc. a Corporation (Name of Contractor) (Corporation, Partnership, or Individual) hereinafter called "Principal" and Travelers Casualty and Surety Company of America (Surety) of Hartford , State of CT , hereinafter called the "Surety ", are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called "City ", in the penal sum of Fifty Two Thousand Five Hundred Forty & 00/100 Dollars ($ 52,540.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City, dated the 9th day of February , 20 , a copy of which is hereto attached and made a part hereof for the construction of: 11 -012 (WWANO3) ALLEY BETWEEN 14 STREET AND 15 STREET, NORTH GRAND AVENUE TO COURT STREET NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, supplies, lubricants, oil, gasoline, rental machinery, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractors or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridgethe right of any beneficiary hereunder, whose claim may be unsatisfied. Page 1 of 2 C- ART1 -G, 1- 13-2003 (Payment Bond) IN WITNESS WHEREOF, this instrument is executed in four (4) counter -parts, each of which shall be deemed an original, this the 10th day of February 20 12 K.R. Swerdfeger Construction, Inc. Principal ATTEST: rif cipal etary/i (SEAL) �� 421 E. Industrial Blvd., Pueblo West, CO 81007 (Address) By — l fitness as to Principal) 4r;a 1.11 1 4., ('D (Address) a /00 ATTEST : Travelers Casualty and Surety Company of America Sure N/A `. _ By (Surety) Attorney -In -Fact DiLynn Guer' A' o - * -I • • - act (SEAL) One Tower Square, H. ' ord, CT 06183 -6014 Address) By ACA— /0 - (Witness as to Surety) Melissa Nesavich 2000 S. Colorado Blvd., Tower II, Suite 900 - Denver, CO 80222 (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute bond. Page 2 of 2 C- ART1 -G. 1 -13 -2003 RAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Surety Bond No. 105720289 Principal: K.R. Swerdfeger Construction, Inc. OR Project Description: Project No. 11 -012 (WWANO3) Alley Between Obligee: City of Pueblo 14th St. & 15th St., North Grand Ave. to Court St. KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint DiLynn Guern of the City of Denver , State of CO , their true and lawful Attorney(s)- in-Fact, each in their separate capacity W more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of April, 2011. Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ' pr. su. .4 4° , 4,scr � t. , * „ .w. ``�•r : s,+t? A41 1r� � Z s L �1�J�1 a / SEfI� b 4 svcr. A ea s 183G State of Connecticut By: City of Hartford ss. Ge• •e ompson , Vice President On this the 25th day of April, 2011, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. trierg My Commission expires the 30th day of June, 2016 * ' s Marie C. Tetreault; Notary Public -