HomeMy WebLinkAboutCC AG PKT 2011-08-08 #LAGENDA STAFF REPORT
DATE: August 8, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean Crumby P.E., Assistant City Manager/ Public Works
SUBJECT: AWARD CONTRACT FOR OCEAN AVENUE ALLEY
FROM MAIN STREET TO 14th STREET WATERLINE
AND SEWER REPLACEMENTS PROJECT NO.
WT1105
SUMMARY OF REQUEST:
It is requested that the City Council adopt Resolution No. 6176 awarding a
contract for the Ocean Avenue Alley from Main Street to 14th Street Waterline
and Sewer Replacements Project No. WT1105 to Mike Bubalo Construction Co.,
Inc. for $1,127,320.
BACKGROUND AND ANALYSIS:
At the October 11, 2010 City Council Meeting, Council approved plans and
specifications for the Ocean Avenue Alley from Main Street to 14th Street
Waterline and Sewer Replacements Project No. WT1105 (previously known as
Project No. WT0902) and authorized staff to solicit for bids.
The Ocean Avenue Alley Waterline and Sewer Replacements Project No.
WT1105 consists of rehabilitating sewer and water utilities, pavement, upgrade
water meters, and fire hydrants from Main Street to 14 Street. This will improve
the performance of both systems and eliminate breaks and backups.
The construction is scheduled to begin in September 2011 and completed by Fall
2012. The construction impact for this project will be significant to the residents
living adjacent to the alley, as access will not be available to the alley. The
project will be constructed one block at a time to keep the impact to a minimum.
For example, for the alley block between 14th and 13th Street, all construction
activities will be completed prior to continuing onto the next alley block from 13th
to 12th Street.
Agenda Item L
Page 2
On May 24, 2011, the City hosted a community meeting at City Hall Council
Chambers. The purpose of the meeting was to present project information,
gather input from the public and discuss construction inconvenience to the
residents. Residents and business owners attended the meeting and provided
suggestions and comments. During construction activities, to help with the
inconvenience, free parking will be provided in the 10th Street beach parking lot
to those immediately affected in that block. Two residential and one visitor
parking permits will be issued per household for the period of construction, which
is anticipated at two months per block.
On July 28, 2011, the City Clerk's office received 7 bids with the following results:
RANK
CONTRACTOR
TOTAL BID AMOUNT
1
Mike Bubalo Construction Co., Inc.
$1,127,320.00
2
Garcia Juarez
$1,174,700.00
3
GCI Construction, Inc.
$1,222,180.00
4
Excel Paving Company
$1,278,904.00
5
Cedro Construction, Inc.
$1,273,316.20
6
Vido Artukovich & Son, Inc.
$1,492,220.00
7
Blois Construction, Inc.
$1,771,518.00
Staff has reviewed the bid package submitted by the lowest bidder. This
package is complete and the bidder has successfully completed similar projects
for other agencies. The contractor has acceptable references, qualifications,
work experience and cost, and staff recommends selecting Mike Bubalo
Construction Co., Inc. as the lowest responsive combined bid of $1,127,320.
The City Attorney's office has approved a boilerplate template construction
agreement to be used for this type of project. The contractor has signed the
agreement and it is included in this staff report. Exhibits to that agreement,
including bonds and insurance documents will be provided to the City upon
award of contract.
ENVIRONMENTAL IMPACT:
This project complies with the California Environmental Quality Act and is found
to be categorically exempt under section 15301 subsection (b).
Page 3
FINANCIAL IMPACT:
In the approved FY 2011 -12 Budget $1,300,000 of Water and Sewer funds are
budgeted for the Ocean Avenue Alley from Main Street to 14th Street Waterline
and Sewer Replacements Project No. WT1105. An anticipated breakdown of
funds needed to complete this project is as follows:
Construction
Contingency
$ 1,127, 320.00
$ 56, 366.00
Construction Management (10 %) $ 112,732.00
Total $ 1,296,418.00
RECOMMENDATION:
It is recommended the City Council adopt Resolution No 6176 awarding a
contract for the Ocean Avenue Alley from Main Street to 14th Street Waterline
and Sewer Replacements Project No. WT1105 to Mike Bubalo Construction Co.,
Inc. for $1,127,320.
SUBMITTED BY:
k A
Sean Crumby, P.E.
Assistant City Manager/ Public Works
NOTED AND APPROVED:
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4 A. Ingram, City Maniggr
Prepared by: Cesar Rangel, Assistant Engineer
Attachments:
A. Resolution No. 6176
B. Agreement
RESOLUTION NUMBER 6176
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONTRACT FOR OCEAN AVENUE FROM
MAIN STREET TO 14TH STREET WATERLINE AND SEWER
REPLACEMENTS PROJECT NO. WT1105
WHEREAS, the City of Seal Beach is proposing the Ocean Avenue Alley
Waterline and Sewer Replacements Project, which will rehabilitate sewer and
water utilities, pavement, upgrade water meters, and fire hydrants from Main
Street to 14th Street.
WHEREAS, staff recommends selecting Mike Bubalo Construction Co., Inc. as
the lowest responsible and responsive bidder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a contract for the Ocean Avenue
Alley Waterline and Sewer Replacements Project in the amount of
$1,127,320.00 to Mike Bubalo Construction Co. Inc.
Section 2. The Council hereby directs the City Manager to execute the contract.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 8th day of August . 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6176 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 8th day of August 2011.
City Clerk
PUBLIC WORKS AGREEMENT
FOR OCEAN AVENUE ALLEY WATERLINE AND
SEWER REPLACEMENTS PROJECT
CIP NO. WT1105
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
Mike Bubalo Construction Co., Inc.
5102 Gayhurst Avenue
Baldwin Park, CA 91706
(626) 960 -7787
(626) 960 -7897 - FAX
THIS AGREEMENT is made as of Auaust 8, 2011 by and between the City of Seal
Beach, a California charter city ( "City "), and Mike Bubalo Construction Co., Inc., a
General Contractor ( "Contractor ").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the Ocean Avenue Alley Waterline and Sewer Replacements Project, CIP No. WT1105
( "Project ") with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
July 28, 2011 in the amount of $1,127,320.00 ( "Accepted Proposal" hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1. Contractor's Services
1.1 Scope and Level of Services For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ( "Work ") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
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1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date This Agreement is effective as of August 8, 2011 (the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $1,127,320.00 subject to any additions and deletions pursuant to the terms of
the Contract Documents. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools
and services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents.
4. Contractor's Personnel
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids /Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
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all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification
5.1 Contractor's Duty Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims "), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
5.4 Nonwaiver of Rights Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
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5.5 Waiver of Right of Subrogation Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
5.6 Survival The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance
6.1 Liability Insurance Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement -
Commercial General Liability.
Automobile Liability.
6.1.2 Exhibit D -2: Additional Insured Endorsement -
6.1.3 Exhibit D -3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
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less than:
6.3 Minimum Limits of Insurance Contractor shall maintain limits no
6.3.1 General Liability $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability $1,000,000 per occurrence and in
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self- Insured Retentions Contractor shall inform
City of any deductibles or self- insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self- insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
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6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
6.6 Acceptability of Insurers Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $ 2,000.00 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement.
9. Notices Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
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other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: Mike Bubalo Construction Co., Inc.
5102 Gayhurst Avenue
Baldwin Park, CA 91706
Telephone: (626) 960 -7787
Fax: (626) 960 -7897
Attn: Mike Bubalo, President
10. Non - Assignability; Subcontracting Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non - Waiver of Terms, Rights and Remedies Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
14. Construction The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
J •
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
15. Entire Aareement This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
16. Severability The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
0
Jill R. Ingram, City Manager
Attest:
Linda Devine, City Clerk
Name: Mike Bubalo
Title: President
i
By:
Name: Dave Sorem
Approved as to Form:
By: ! -2 P�
O M. Barrow, City Attorney
Title: Secreta
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California SS.
County of Los Angeles
On July 29, 2011 , before me, Anton Brkic,
Notary Public, personally appeared Mike Bubalo
and Dave Sorem, who proved to me on the basis of
satisfactory evidence to be the persons whose
names are subscribed to the within instrument
and acknowledged to me that they executed the
same in their authorized capacities and that by
their signatures on the instrument the persons,
or the entity upon behalf of which the persons
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 mv— hand and official seal.
Antoh B�rkic, Notary Public
ANTON BRKIC
Commission # 1805450 Z
Notary Public - California
Z Los Angeles County
My C omm Expires Jul 2, 2012
(Notary Seal)