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HomeMy WebLinkAboutCC Resolution 13758 (Resurfacing Curb Ramps 2013-14)RESOLUTION NO. 13758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AWARDING A CONTRACT FOR THE STREET
RESURFACING CURB RAMPS 2013-2014 PROJECT, CITY PROJECT
NO. 11219, TO MAGGIORA AND GHILOTTI, INC. IN THE AMOUNT OF
$167,167.00.
WHEREAS, on the 24"' day of June, 2014, pursuant to due and legal notice published in
the manner provided by law, inviting sealed bids or proposals for the work hereinafter
mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of
the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly
open, examine, and declare all sealed bids or proposals for doing the following work in said City,
to wit:
"Street Resurfacing Curb Ramps 2013-2014 Project"
City Project No. 11219
In accordance with the plans and specifications therefore on file in the office of said Citv Clerk;
and
WHEREAS, the bid of Maggiora and Ghilotti, Inc. at the unit prices stated in its bid was
and is the lowest and best bid for said work and said bidder is the lowest responsible bidder; and
WHEREAS, there are sufficient funds in the Gas Tax Fund to support this contract.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The bid of Maggiora and Ghilotti, Inc. is hereby accepted at said unit prices and
that the contract for said work and improvements is hereby awarded to Maggiora
and Ghilotti. Inc. at the unit prices mentioned in said bid.
2. The Public \Works Director and the Cite Clerk of said City are authorized and
directed to execute a contract with Maggiora and Ghilotti, Inc. in a form approved
by the City Attorney, for said work and to return the bidder's bond upon the
execution of said contract.
3. Funds totaling $250,000.00 will be appropriated for City Project No. 11219 in the
Gas Tax Fund
4. "The Public Works Director is hereby authorized to take any and all such actions
and make changes as may be necessary to accomplish the purpose of this
resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 7th day of July, 2014 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Connolly, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin
ESTHER C. BEIRNE, City Clerk
File No.: 16.01.276
City of San Rafael ♦ California
Form of Contract Agreement
for
Street Resurfacine Curb Ramps 2013-2014
Citv Proiect No. 11219
This Agreement is made and entered into this 7th day of July 2014 by and between the City of San Rafael
(hereinafter called City) and Maggiora and Ghilotti Inc. (hereinafter called Contractor). Witnesseth, that the City
and the Contractor, for the considerations hereinafter named, agree as follows:
I - Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to
perform all of the work described in the plans and specifications for the project entitled: Street Resurfacing Curb
Ramps 2013-2014, City Project 11219, all in accordance with the requirements and provisions of the Contract
Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability
insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance
available to the City.
11- Time of Completion
(a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after
the date of written notice by the City to the Contractor to proceed.
(b) All work shall be completed, including all punchlist work, within TWENTY-FIVE (25) WORKING DAYS
and with such extensions of time as are provided for in the General Provisions.
III - Liquidated Damages
It is agreed that, if all the work required by the contract is not finished or completed within the number of working
days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and
extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by
reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,500 for each
and every working day's delay in finishing the work in excess of the number of working days prescribed above; and
the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may
deduct the amount thereof from any moneys due or that may become due the Contractor under the contract.
1V - The Contract Sum
The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total
number of each of the units of work in the following schedule completed at the unit price stated. The number of
units contained in this schedule is approximate only, and the final payment shall be made for the actual number of
units that are incorporated in or made necessary by the work covered by the Contract.
i ITEMDESCRIPTION
QUANTITY ESTIMATED
UNIT
UNIT PRICE
TOTAL
' PRICE
1
Signs and Traffic Control
1
LS
,i> f
$25,555.00
t
$25,555.00
(Includes Mobilization)
!
i
$25,628.25 i
$25,628.25
Clearing and Grubbing
I
LS
i
i 3.
! Minor Concrete -- Minor Structures
i
a. Type A Curb and Gutter
485
LF
I,
5=15.00
$21;825.00
b. 6" PCC Drive��ay
j 25
SF
ti
$950.00
j
c. 4" PCC Sidewalk
1,020 !
SF
a; i
$20.00 �
; $20,400.00
V
; d. Curb Kamp Case A
2
EA
; �i; i
S3,700,00
_ E
$7,400.00
ITEM
DESCRIPTION
ESTIMATED
QUANTITY
KNIT
UNIT PRICE
TOTAL
PRICE
e. Curb Ramp Case B
1
EA
u,
$3,700.00 =
$3,700.00
f. Curb Ramp Case C
8
EA
411
$3,700.00 =
$29,600.00
g. Modified Catch Basin per Detail Butternut
1
EA+.
Dr at Montecillo Rd
$7,000.00 =
$7,000.00
h. Modified Catch Basin per Detail Butternut
1
E
Dr and Mahogany Dr
$4,500.00 =
$4 500.00
4.
Hot Mix Asphalt
106
TON
$175.00 =
$18,550.00
5.
Miscellaneous Utilities
a. Install New SSCO
1
EA
r
$450.00 =
$450.00
7.
Roadside Sign and Post
a. Existing Sign & New Post
I 1
EA
ct,
$240.00 =
$240.00
b. Reset Existing Sign and Post
1
EA
(�,
$210.00 =
$210.00
8.
Traffic Stripes and Pavement Markings
a. Pavement Markings
155
SF
01, ,
$5.25 —
$813.75
b. Paint Curb Red
230
LF
rcr
$1.50 =
$345.00
GRAND TOTAL BID $ 167,167.00
V - Progress Payments
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an
estimate covering the total quantities under each item of work that have been completed from the start of the
job up to and including the 25th day of the preceding month, and the value of the work so completed
determined in accordance with the schedule of unit prices for such items together with such supporting
evidence as may be required by the City and/or Contractor .
(b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments
made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department.
(c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the
filing of the notice of completion and acceptance of the work by the Public Works Department.
(d) The Contractor may elect to receive 100°,'o of payments due under the contract from time to time, without
retention of any portion of the payment by the public agency, by depositing securities of equivalent value with
the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities,
if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of
the securities shall be final.
Vl - Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall
within 5 days make such inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed, lie Neill promptly issue a Notice of Completion, over his own signature, stating that
the work required by this Contract has been completed and is accepted by him under the terms and conditions
thereof, and the entire balance found to be due the Contractor. including the retained percentage;, shall be paid
to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of
said Notice of Completion.
(b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls,
material bills, and other indebtedness connected with work have been paid, except that in case of disputed
indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to
the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has
not already been guaranteed by surety bond.
(c) Contractor shall provide a "Defective Material and Workmanship Bond" for 500,10 of the Contract Price, before
the final payment will be made.
(d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than
those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after
final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute
a waiver of all claims by the Contractor, except those previously made and still unsettled.
(e) If after the work has been substantially completed, full completion thereof is materially delayed through no
fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and
without terminating the Contract, make payment of the balance due for that portion of the work filly completed
and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute
this Agreement the day and year first written above.
ATTEST:
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
Robert F, Epstein
City Attorney
File No.: 16.01.276
CITY OF SAN RAFAEL-
Nader Mansourian
Public Works Director
MAGGIOR ND Gyf IL tTI INC.:
Printed Name:
Title:
Ghiloffi
PIe W elft
EXECUTED IN TRIPLICATE
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
Bond No. 070015746
PREMIUM: $565.00
KNOW ALL MEN BY THESE PRESENTS: that MAGGIORA AND GHILOTTI, INC.
555 DU BOIS ST. SAN RAFAEL CA 94901 (Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, The Ohio Casualty Insurance Company
71 STEVENSON ST. STE 600, SAN FRANCISCO CA94105(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SAN RAFAEL
111 MORPHEW ST. SAN RAFAEL CA 94915
as Obligee, hereinafter called Owner, in
(Here insert full name and address or legal title of Omer)
the amount of ONE HUNDRED SIXTY SEVEN THOUSAND ONE HUNDRED SIXTY SEVEN 00/100
Dollars ($ 167,167.00
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents,
WHEREAS,
Contractor has by written agreement dated JULY 7TH, 2014 ,
entered into a contract with Owner for STREET RESURFACING CURB RAMPS 2013-2014 CITY PROJECT NO.
(Here insert full name, address and description of project) 11219
in accordance with Drawings and Specifications prepared by
(1 Jere insert full name and address or legal title of Architect)
which contract is by reference made a part hereof. and is hereinafter referred to as the Contract.
PERFORMANCE BOND AND -BOR AND NIA-7'I'RIAL PAY.^.?i.NT 1PDND A[.\ t�r 1 rt3RT.;.�R1 lyi(' f_C2 .
2006
\\�'\R;ti I'Vli; t'tt;;cens�:d {`f�ctuc��p} tnt; vit>tat�:� 7!.J. copyriz,f�t is:as and is sub;c•ct !o leen! �rus�cat;ian.
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly
and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be and declared by
Owner to be in default under the Contract, the
Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the
default, or shall promptly
1) Complete the Contract in accordance with its
terms and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
termination by Surety of the lowest responsible
bidder, or, if the Owner elects, upon determination by
the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between
such bidder and Owner, and make available as Work
progresses (even though there should be a default or a
succession of defaults under the contract or contracts
of completion arranged under this paragraph)
Signed and sealed this 10TH day of JULY
(Witness)
(Witness)
sufficient funds to pay the cost of completion less
the balance of the contract price; but not exceeding,
including other costs and damages for which the
Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of
the contract price" as used in this paragraph, shall
mean the total amount payable by Owner to
Contractor under the Contract and any amendments
thereto, less the amount properly paid by Owner to
Contract.
Any suit under this bond must be instituted
before the expiration of two (2) years from the date
on which final payment under the Contract falls
due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, exccutors,
administrators or successors of the Owner.
2014
MAGGIORA AND
GHILOTTI, INC.
(Principal)
(Seal)
BY :
Gay Ghilol
President
t
(Title)
The Ohio Casualty
Insurance Company
(Surety)
(Seal)
CHERYL GRIGGS, (Title)
Ai:ar
.F;l:.-`,�I;ii::Ci1 SNti"s f'i'le i)r=.aC`f?Ti( IS, 1 i9 'C1�' `i )�K : `✓'t.Xt1- 1'.'-A'.. `iP.5la^:G:';7N, t} ^t:i`
Attorney in Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of SONOMA
On __ 7/10l4
Date
personally appeared
before me,
CHERYL GRIGGS
ilolA,tY d,W"AiN
sor,oma County >
M , cbp,o,�, �X �,res Jan 22, zolje
I
MARY DAVERIN, NOTARY PUBLIC
Here Insert Name and Title of the eflicer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(,), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
ay
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
LE Individual
Corp-Drate. 0;fic,>r Tifle(s)
-7
Top of thumb here
Miler.
��iqr�C'V JS
Number of Pages:____
Signer's Namei___
-
Individual
Corporate Officr:r Title(s).
Partrier i -;,,n i! ed `, G e n e r,:) I
Attorney -, F,,°ct
Trustee
Guardia--�, Cor�senjato, Top
Other:
S.'gner Is
EXECUTED IN TRIPLICATE
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NO: 070015746
PREMIUM INCLUDED IN
PERFORMANCE BOND
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WFI'I I PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that MAGGIORA AND GHILOTTI, INC.
555 DU BOIS ST. SAN RAFAEL CA 94901 (Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, The Ohio Casualty Insurance Company
71 STEVENSON ST. STE 600 SAN FRANCISCO CA 94105 (Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF SAN RAFAEL, 111 MORPHEW ST. SAN RAFAEL CA 94915
as Obligee, hereinafter called Owner, for
( Here insert full name and address or legal title of Owner)
the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED SIXTY SEVEN THOUSAND
ONE HUNDRED SIXTY SEVEN 00/100 Dollars ($ 167,167. 00
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated JULY 7TH, 2014 , entered
into a contract with Owner for STREET RESURFACING CURB RAMPS 2013-2014 CITY PROJECT NO. 11219
(Here insert full name, address and description ofprgject)
in accordance with Drawings and Specifications prepared by
(Ilere insei,11ill name and :address or legal titic o1'Arehitec0
which contract is by reference made; a part hereof, and is hereinafter referred to as the Contract.
11 i";;1."1.1"i'i:k3A._. i1"\,i. 1 3( 1. A ig, ;17,._R_:�XYI' ,,0E.D
111F M.".1 RICAN N ;N -S!;': f F Of, ,ARCH" L' C'i'S, 1', . NI:`}; Yl`i K i��'F ;i; , N 1" ON D C 206
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for
use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force
and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct
contract with the Principal or with a Subcontractor
of the Principal for labor, material, or both, used or
reasonably required for use in the performance of
the Contract, labor and material being construed to
include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that
every, claimant as herein defined, who has not been
paid in full before the expiration of a period of
ninety (90) days after the date on which the last of
such claimant's work or labor was done or
performed, or materials were furnished by such
claimant, ►nay sue on this bond for the use of such
claimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and
have execution thereon. The Owner shall not be
liable for the payment of any costs or expenses of
any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner or the Surety above named, within ninety
(90) days after such claimant did or performed the
last of the work or labor, or furnished the last of the
materials for which said claim is made, stating with
substantial accuracy the amount claimed and the
name of the party to whom the materials were
Si,gjNd and sealed this 10,TWay of JULY 2014
furnished, or for whom the work or labor was done
or performed. Such notice shall be served by
mailing the same by registered mail or certified
mail, postage prepaid, in an envelope addressed to
the Principal, Owner or Surety, at any place where
an office is regularly maintained for the transaction
of business, or served in any manner in which legal
process may be served in the state in which the
aforesaid project is located, save that such service
need not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said
Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by
any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted
by such law.
c) Other than in a state court of competent
jurisdiction in and for the county or other political
subdivision of the state in which the Project, or any
part thereof, is situated, or in the United States
District Court for the district in which the Project, or
any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in
good faith hereunder, inclusive of the payment by
Surety of mechanics' liens which may be filed of
record against said improvement, whether or not
claim for the amount of such lien be presented under
and against this bond.
MAGGIORA ,,W GHILOTTI,,, INC.
r: ,611•incipa}) (Seal)
r , ..:
r" ,d:
�;�. z . JG" Ghft
BY:PmSident
r �I,
(Tit1�6
The Ohio Casualty Insurance Company
(Surety) f Sea! }
('Nt itness)
CFER.YL GRI; GS,
l -isle) Attornen in Fact
X !A D()," 1%!T:1%1-, . ,', i iYR. � )RMAM, is BGG^ D 1ND i_:iROR AND ,MAI'lA,!A!, i1:0^:(I_N BOND ! A X} 1''1:f312i! S .' ?`37(' H)
Cs.i7i5N!,ll'1.NV, \VASHiNC'!'i)V.:JC q(tc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of SONOMA
On 7/10/14 before me,
personally appeared CHERYL GRIGGS
MARY DAVEPIN
CorfafrtE.sion # 2053517
tt;aryPublic ttfosftia
Sonoma County
i v Comm. Expires Sara 22, 2018
Plane Notary Soa! Above
MARY DAVERIN, NOTARY PUBLIC
Here Insert Name and Title of the Ott+car
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shelthey
executed the same in his/her/their authorized capacity(ies),
and that by Pais/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my handtand official seal.
Signature....rv; ., rT ,<-''t. ''' q...... P
Signature of Notary Public l +f
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:___
Signer(s) Other Than Blamed Above:
Capaeity(ies) Claimed by Signer(s)
Sigr.er'S N a m e:
-j Indiv!dual
.__ Ccr oratt� Oticc.r
tG14�T'fHt7RABPRINT
OF SIGN SEP J
,t ar 11ti", c Col .•c vr.':cr Top of t!,umb here
i
Number of Pages:
Signers Name:
Individual
iLl Corporate O`Iic4',, Title(s):
Partner _ L+rnitc'i ? � Gef ern
At*c,-ncy r Factwavw
Guardian :;r C „+sE,r,jatr.r I Top �f ?hurnl here
i
Othe; :
I �
Sir ner ,., Pe, r; .. rt n l" arca ;s Rc prrsen`+r;,.
I
Z.INN.,
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. 6s-�so25
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 State 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, Chervi Griags; Paul Ramatici
all of the city of PEl ALUMA state of CA 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 seats of the Companies have been affixed
thereto this 13th day of May 2014
>+
American Fire and Casualty Company
The Ohio Casualty Insurance Company
N
Liberty Mutual insurance Company
c
West American Insurance Company
E
as
By:
STATE OF PENNSYLVANIA ss David M. Carey, Assistant Secretary
y; to
tc
COUNTY OF MONTGOMERY
a)
On this 13th dayof May 2014before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
t..
0
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,
0.2
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 m name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above
O CL
'written.
/!�'�Za'.0 t
O �
d
By. atJ
Teresa Pastella , Notary Public
y
cn.
M
C 15
This Power of Attorney is made and executed pursuaritto and byalut#writy of the following By-laws and Authorizations of American fire and Casualty Company. The Ohio Casualty Insurance
to p
ai ,`,
Company, Liberty Mutual insurance Company, andfflestAmerican Insurance Company which resolutions are now in full force and effect reading as follows!
� C?
m `
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
o>
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to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
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O
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-In-fact, subject to the limitations set forth in their respective
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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
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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 attomey-in-fact under
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the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
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ARTICLE X111- 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,
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and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
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seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
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respective powers of attorney, shallhave 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
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executed such instruments shall be as binding as if signed by the president and attested by the secretary.
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Certificate of Designation - The President of the Company.. acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secreta to int such attome rn•
9 Y n9 p YY Secretary aPP� Ys -
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y
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.
---
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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
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Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall oe valid and binding upon the Company with
the same force and effect as though manually affixed.
VI
Gregory W. Davenport the undersigned; Assistant Secretary, ofAmeman Fire and Casualty ..ompany. The Ohio Casualty insurance Company, Liberty Mutual Insurance Company. and
I
JIiest 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 ofAttomey executed by said
Companies. is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 OTHdayof JUvY 20 14
By:
Gregory VV. Daveriport, Assistant Secretary
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ACORD
PRODUCER
Don Ramatici Insurance, Inc.
P.O. Box 551
Petaluma, CA 94953
Paul Ramatici
MAGGIA OP ID: SD
CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD/YYYY)
07/10/2014
Phone: 707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURED Maggglora & Ghilotti, Inc.
555 Du Bois Street
San Rafael, CA 94901
COVERAGES
i
INSURERS AFFORDING COVERAGE NAIC #
_NSURER A National Union Fire Ins. of PA 1944_5_______
INSURER B Granite State Insurance Co. 23809
INSURER C
INSURER D
I INSURER E' j
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
INSR;A,p�O�'�
POLICY EfFECTIVE POLICY EXPIRATION
L�T.I
f TYPE OF INSURANCE POLICY NUMBER
I DATE (MM/DDIYYYY) DATE (MMIDDlYYYYI LIMITS
GENERAL LIABILITY !
EACH_OCCURRENCE
$
------ 000
A X
I X COMMERCIAL GENERAL LIABILITY 1GL5142616
09/01/2013 10/01/2014-�
1
$_
300,000
CLAMS MADEX OCCUR
EM sFSd a_ocicu e e
—
j
_
5,000
X {GL Oed 1$10 000 _I
;PER OCCURRENCE
MED EXP (Any one person)
_..�. -
PERSONAL & ADV INJURY
$
$
2,000,000
X 'XCU INCLUDED
GR EGATE
4a-,0oo00o,,0oo00GENA
GLNil AGGREGATE LIVIT APPLIES PER
PRODUCTS _ COMPIOP AGG'
$
o
i X �EC I
--- -- _ .—
POLICY LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT '
09/01/2013 10J01/2tl14 $
2,000,000
B X_a ANY AUTO CA3275260
(Ea accident)
—
ALL OWNED AUTOS
j BODILY INJURY
$
SCHEDULED AUTOS
(PER PERSON)
r -
-$ -----------
I HIRED AUTOS
-I
�
BODILY INJURY
, NON OWNED AUTOS
(PER ACCIDENT)
;_-..; ._ ..--.-.__.,.-_.___.-- . ---------
PROPERTY DAMAGE
(PER ACCIDENT)$
GARAGE LIABILITY �
-_ -,
�
I ,AUTO ONLY - EA ACCIDENT $
ANY AU 10
R THAN EA ACC
OTHER _. $ -------
THEAUTO ONLY
—
AGG $
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE $
4,000,000
A
X OCCUR CLAIMS MADE !BE16491009
09/0112013
10/0112014 AGGREGATE $
4,000,000
j DEDUCTIBLE
X I RETENTION $ 10,000!
I
i
$
WORKERS COMPENSATIONiX
AND EMPLOYERS' LIABILITY
WC STATU. LOTH- j
'-'—_J.T4RYL.IMtT$.1___ —YR --i __.___
-_1
Y f N iW
A ANY PROPRIFTOR/PAR T NER�EY,ECUTIVP : -" C015656039
I 10101!2013
10!01/2014 E L EACH ACCIDENT $
0 00,000
,0
Or FICEWMF.MBER EXCLUDE u" L;
-----'--------_-..
1>000+000
(Mandatory in NH) I
_ F1 DISEASE - EA EMPLOYEE 3
—` -j "-----
1! es. duscnbe uncle+
5PEC�AL PROVISIONS treiav
LI
El DISEASE - POCY LIMIT $
1+000,000
OTHER
i
DESCRIPTION OF OPERATIONS l LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Certificate Holder is included as an additional insured with primary
verbiage per forms attached. Umbrella limits are following form to the
underlying GL, Auto & Employers Liability policies outlined above.
Job:Street Resurfacing Curb Ramps 2013-2014 City Project #11219 / M&G #7615
30X97383(04/08)97837(04/08)90533(LF) *10 day notice sent on non-payment.
CERTIFICATE HOLDER CANCELLATION
SANRA19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIESSECANCELLEOBEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL Ef+B#2-i"9MAlL 30* — DAYS WRITTEN
City of San Rafael, its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
officers, agents and employees
Dept. of Public Works hese N4 tLtc�eN eR�t�slLrr eF aY t�HataeN x+tE�tNst�RR, +se�E� ter
111 Morphew Street REPPR�v£N}tv£B
San Rafael, CA 94915 AUTHORIZED REPRESENTATIVE
ACORD 25 (2009/01) a 1988-2009 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
ENDORSEMENT
This endorsement, effective 12:01 A.M. 09/01/13 forms a part of
policy No. GL5142616 issued to MAGG I ORA AND GH I LOTT I , I NC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS
AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO
(if no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to the endorsement.)
A. SECTION II -WHO IS AN INSURED is amended to include as an insured;
The person or organization shown in the schedule, but only with respect to liability arising
out of your ongoing operations performed for that additional insured.
B. With respect to the insurance afforded to these additional insureds, SECTION I
COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. -
Exclusions, is amended to include the following additional exclusion;
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) all work, including materials, parts or equipment furnished in connection with such
work, on the project (other than service, maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the site of the covered operations has been
completed; or,
(2) that portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
All other terms and conditions remain unchanged.
6 ut),orized Representative or
Countersignature (in States Where
Applicable)
97638 (41,'08) hick,des ccpyrieghted matana€ of
Page 1 of 1
lnsur-ince Services ©ff;ee, Sn:., w;th its permission.
ENDORSEMENT
This endorsement, effective 12:01 A.M. 09/01/13 forms a part of
policy No. GL5142616 issued to MAGG I ORA AND GH I LOTT I , I NC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED
OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS
AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT
YOU HAVE ENTERED INTO
LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:
ADDITIONAL PREMIUM:
(If No entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to the endorsement.)
SECTION II - WHO IS AN INSURED is amended to include as an insured;
The person or organization shown in the Schedule, but only with respect to liability arising out of
"your work" at the location designated and described in the schedule of this endorsement
performed for that additional insured and included in the "products -completed operations hazard".
All other terms and conditions remain unchanged,
Autharized Representative or
Countersignature (in States Where
Includes cepyr=glited material otApplicable)
97837 (4/08) Insurance Services Office, Inc., 1,vith its perrnission. k'age 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.M. 09/01/13 forms a part of
policy No. GL5142616 issued to MAGG I ORA AND GH I LOTT I , INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY COVERAGE FOR SPECIFIED PERSONS OR
ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS -
ONGOING AND COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following paragraph is added to SECTION II - WHO IS AN INSURED and applies only to persons
or organizations we have added to your policy as additional insureds by endorsement to comply
with insurance requirements of written contracts relative to: a) the performance of your ongoing
operations for the additional insureds; or b) "your work" performed for the additional insureds and
included in the "products -completed operations hazard":
This insurance is primary over any similar insurance available to any person or organization we have
added to this policy as an additional insured. However, this insurance is primary over any other
similar insurance only if the additional insured is designated as a named insured in the Declarations
of the other similar insurance. We will not require contribution of limits from the other similar
insurance if the insurance afforded by this endorsement is primary.
This insurance is excess over any other valid and collectible insurance, whether primary, excess,
contingent or on any other basis, if it is not primary as defined in the paragraph above.
All other terms and conditions of the policy are the same.
90633 13; 06
�i r� � �
A' thorized Rep6resentative or
Countersignature tin States Where
Applicable)
Page 1 of 1
Attachment A
MAYOR
CITY OF SAN RAFAEL Gang O. Phillips
Department of VICE MAYOR
13 Damon Connolly
COUNCIL MEMBERS
Public Works Maribeth Bushey
Kate Colin
Andrew Cuyugon McCullough
INSURANCE REQUIREMENTS SHEET
SUBJECT: COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND
WORKERS' COMPENSATION INSURANCE (MAJOR PUBLIC
WORKS CONTRACTS)
The City of San Rafael requires that all Contractors and Subcontractors performing work
under a Public Works contract with the City carry commercial general liability,
automobile, and workers' compensation insurance. The Contractor and Subcontractors
shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents
and Employees, as follows:
Commercial General Liabilitv:
Automobile Liabilitv:
Workers' Compensation Liabilitv:
Minimum of $1,000,000 per occurrence
and $2,000,000 aggregate coverage.
Minimum of $1,000,000 coverage.
Statutory coverage.
The required commercial general liability insurance policy shall provide or shall be
endorsed to provide that the City, its officers, employees, agents and volunteers are
additional named insureds under the policy, that such policy shall be primary and non-
contributory and will not seek contribution from the City's insurance or self-insurance.
The "primary and non-contributory" coverage shall be at least as broad as CG 20 01 04
13.
The limits of insurance required in this Agreement may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of the City (if agreed to in a written
contractor or agreement) before City's own insurance or self-insurance shall be called
upon to protect it as a named insured.
The insurance policies shall be specifically endorsed to provide that the insurance carrier
shall not cancel, terminate, or otherwise modify the terms and conditions of said
insurance policies except upon ten (10) days written notice to the City.
It shall be a requirement under the contract that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirements
and/or limits shall be available to City or any other additional insured party. Furthermore;
the requirements for coverage and limits shall be: (1) the minimum coverage and limits
Attachment A
specified in the contract; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever is greater.
Any deductibles or self-insured retentions in the required insurance policies must be
declared to and approved by the City, and shall not reduce the limits of liability. Policies
containing any self-insured retention (SIR) provision shall provide or be endorsed to
provide that the SIR may be satisfied by either the named insured or City or other
additional insured party. At City's option, the deductibles or self-insured retentions with
respect to City shall be reduced or eliminated to City's satisfaction or Contractor or
subcontractor shall procure a bond guaranteeing payment of losses and related
investigations, claims administration, attorney's fees, and defense expenses.
Contractor and subcontractors shall provide to the City all of the following: (1)
Certificates of Insurance evidencing the required insurance coverage, (2) a copy of the
policy declaration page and/or endorsement page listing all policy endorsements for the
commercial general liability policy, and (3) excerpts of policy language or specific
endorsements evidencing the other insurance requirements set forth in this Agreement.
City reserves the right to obtain a full certified copy of any insurance policy and
endorsements from Contractor and subcontractors. Failure to exercise this right shall not
constitute a waiver of the right to exercise it later. The insurance shall be approved as to
form and sufficiency by City.
The insurance policies shall provide for a retroactive date of placement coinciding with
the effective date of this contract.
The insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
If the insurance is written on a Claims Made Form, then, following termination of the
contract, said insurance coverage shall survive for a period of not less than five years.
Marin Independent Journal
Legal No. 0005197714
CITY OF SAN RAFAEL -
150 Alameda del Prado
DEPARTMENT OF PUBLIC WORKS
PO Box 6150
NOTICE INFVOR PUBLIC OKS PROPOSALS
Novato, California 94948-1535oFr
hce is hereby given that the City of San
(415) 382-7335
Rafael Department of Public Works will receive
legals@marinij.com
bids for furnishing all labor, materials, equip-
ment and services for
Street ResurfachtnQQ Curb Ramps 20112014
City Protect Na 11219
Project Description:
SAN RAFAEL,CITY OF
This project consists of all the associated work
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
described in the attached specifications and
plans and the provisions of this document for
WORKS,1400 FIFTH AVE
excavation, removal of existing concrete side-
walk, driveway, curb. gutter and catch basin
SAN RAFAEL CA 94915-1560
and construction of new sidewalk, driveway.
curb, gutter, valley gutter, curb ramps.storm
drain Improvements and roadway striping all
located in the City of San Rafael, California.
PROOF OF PUBLICATION
Each bid shall be in accordance with the plays
and specifications adopted by the City of San
Rafael City Council on May 5. 2014, and other
(2015.5 C.C.P.)
contract documents, now on file with the City
Rafael,
Clerk, City Hail. San California: and may
be examined and copies may be obtained at
the Department of Public Works, 111 Morphew
Street, P. O. Box 151560. San Rafael, CA 94901.
STATE OF CALIFORNIA
Cost shall be Fifty Dollars (550.00) per set, non -
refundable. Cost of mailing sets shall be an ad-
ditional Ten Dollars (;10.00) per set
County of Marin
Bidders are hereby notified that pursuant to
Section L770 of the Labor Code of the State of
California, the City of San Rafael has aster•
FILE NO. 0005197714
twined the general prevailing rate of per diem
wages and rates for legal holiday and overtime
work in the locality where the work is to be per-
formed for each craft or type of workmen or
mechanics needed to execute the contract
which will be awarded the successful Bidder.
I am a citizen of the United States and a resident of the County
the City
The prevailing ratesso determined Clerk,
are on hie m the office of the City Clerk, copies
aforesaid: I am over the age of eighteen years, and not a party to
of which are available to any interested party
or interested in the above matter. I am the principal clerk of the
on request.
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
Pobtained
Each bid shall be made out on the form o s
at the Department of Public Works.,
general circulation, printed and published daily in the County of
111 tvlorphew Street, San Rafael, California
94901 and shall be accompanied by cash, certi-
Marin, and which newspaper has been adjudged a newspaper of
fled check or bidder's bond for ten percent
general circulation by the Superior Court of the County of Marin,
(10%) of the amount of bid, made payable to
the order of the City of San Rafael: shall be
State of California, under date of FEBRUARY 7, 1955, CASE
sealed and filed with said City Clerk. 1400 Fifth
Avenue, City Hall, Room 209. San Rafael, Califor-
NUMBER 25566; that the notice, of which the annexed is a printed
nia 94901 on or before tune 24.2014 at 2:30 pm.
copy (set in type not smaller than nonpareil), has been published in
The City reserves the right to reject any or all
each regular and entire issue of said newspaper and not in any
bids or to waive any informality in a bid.
supplement thereof on the following dates, to -wit:
/s/ Esther C. Beirne
ESTHER C. BEIRNE
City Clerk
6/2/2014
Dated: lune 2.2014
N0.652 JUNE 2. 2014
1 certly i or •pec+are? under the penalty of perjui / that the foregoing
is true and correct.
Dated this 3rd day of June. 2014
U
Signature
PROOF OF PUBLICATION