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HomeMy WebLinkAboutC36050 - Parking Lot Sweeping Contract No. C36050 CITY OF PALM DESERT STAFF REPORT REQUEST: AWARD CONTRACT NO. C36050 FOR PARKING LOT SWEEPING SERVICES FY 2018 THROUGH 2019 TO M & M SWEEPING OF THOUSAND PALMS, CALIFORNIA, IN THE AMOUNT OF $29,380 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: M & M Sweeping P.O. Box 878 Thousand Palms, CA 92276 DATE: May 25, 2017 CONTENTS: Agreement and Bonds Contractor's Bid Recommendation By Minute Motion: 1. Award Contract No. C36050 for Parking Lot Sweeping Services FY 2018 through 2019 to M & M Sweeping of Thousand Palms, California, in the amount of $29,380; and 2. Authorize the Mayor to execute the agreement. Funds are available in the various building and business improvement district accounts. Strategic Plan Objective Parking lot sweeping is an on-going maintenance activity and, as such, does not contribute directly to the Strategic Plan goals. Background The parking lot sweeping contract covers various business improvement district and City-owned facility lots. The contract was put out for bid with an initial two-year term with two, one-year extension options. The subject program was duly advertised, and on May 10, 2017, sealed bids were opened and read aloud with the following results: Staff Report Award Contract No. C36050 for Parking Lot Sweeping Page 2of2 May 25, 2017 Contractor Location Bid Amount M & M Sweeping Thousand Palms, CA $29,380.00 CleanStreet Gardena, CA $39,347.88 Fiscal Analysis This is an on-going maintenance activity with no fiscal impact beyond the contract and extra repair work amounts. Prepared by: Depart a ad: "Dr David Reyes, Jr Mark Gr a ood, P.E. Street Maintenance Supervisor Director of ublic Works JaILii,e.aarlei... .4 _ n M. Moore, Director of Finance 1` Approval: _ l---- L urn i Aylaian, City Manager /bl Contract No. C36050 AGREEMENT THIS AGREEMENT is made and entered into this 25th day of May 2017, by and between City of Palm Desert, California; hereafter called "CITY," and M & M Sweeping, an S Corporation, hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. PARKING LOT SWEEPING SERVICES FY 2018 THROUGH 2019, CONTRACT NO. C36050, in strict accordance with the Contract Documents identified below, and CITY has accepted said Bid. 2 CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Bid, (e) Noncollusion Declaration, (f) The Bidder's Bond, (g) Performance Bond, (h) The Payment Bond, (i) General Specifications, (j) The Special Provisions, (k) The Standard Specifications as modified in other portions of the Contract Documents, (I) The Plans, (m) Any Change Orders issued, (n) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents, (o) Addenda No.(s) None . All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. The term of this Agreement shall be from July 1, 2017, through June 30, 2019, or to such later date as may be agreed in writing between the parties. This contract allows for an option of two, one-year contract extensions at the City's option and based on Contractor's performance and mutual agreement. 3. Contractor agrees to indemnify, defend and save City and its officers, agents and employees, and the Engineer harmless from: 1 Contract No. C36050 a Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. c Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $500.00 per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Provisions Required by Law and Contractor Compliance. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall 2 Contract No. C36050 comply with all requirements of applicable federal state and local laws, rules and regulations, including but not limited to the provisions of the California Labor Code and the California Public Contract Code. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: ATTEST BY: (Signature to be notarized) TITLE: TITLE: CITY: BY: ATTEST BY: TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. ROBERT W. HARGREAVES DIRECTOR OF PUBLIC WORKS CITY ATTORNEY 3 Contract No. C36050 CONTRACTOR ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of ) On , 20 , before me, , a Notary Public, personally appeared , 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(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 hand and official seal. Signature of Notary Public 4 Contract No. C36050 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to M & M Sweeping, an S Corporation, hereinafter designated as the "Principal", a contract for: PARKING LOT SWEEPING SERVICES FY 2018 THROUGH 2019 CONTRACT NO. C36050 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, M & M Sweeping, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Twenty-nine Thousand Three Hundred Eight and 00/100 Dollars ($29,380.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force an effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if the Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. 1 Contract No. C36050 Whenever the Contractor shall be, and is declared by the City to be in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: a. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages, for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to the Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. c. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages, for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to the Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. 2 Contract No. C36050 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 M & M Sweeping SURETY PRINCIPAL BY: BY: Signature must be notarized Signature must be notarized INSURANCE COMPANY and/or AGENT Name: Address: City/State/Zip Code: Telephone No.: 3 Contract No. C36050 SURETY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, personally appeared , 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(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 hand and official seal. Signature of Notary Public 4 Contract No. C36050 PRINCIPAL ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of ) On before me, personally appeared , 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(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 hand and official seal. Signature of Notary Public 5 Contract No. C36050 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to M & M Sweeping, an S Corporation (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated May 25, 2017, described as follows: PARKING LOT SWEEPING SERVICES FY 2018 THROUGH 2019, Contract No. C36050 (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; NOW, THEREFORE, we, M & M Sweeping, the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Twenty-nine Thousand Three Hundred Eighty and 00/100 Dollars ($29,380.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said City under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond. 1 Contract No. C36050 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification, in, to or of any contract plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 . PRINCIPAL/CONTRACTOR: SURETY: M & MSweeping - (Typed Name of Principal/Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Signature to be Notarized) (Signature to be Notarized) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). 2 Contract No. C36050 Surety Agent or Representative for service of process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: SURETY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of ) On before me, personally appeared , 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(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 hand and official seal. Signature of Notary Public 3 Contract No. C36050 PRINCIPAL ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, personally appeared , 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(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 hand and official seal. Signature of Notary Public 4 C — CONTRACTOR'S BID PARKING LOT SWEEPING SERVICES FY 2018 THROUGH 2019 CONTRACT NO. C36050 TO: CITY OF PALM DESERT, "CITY" DATE: $ 7- 7 7 BIDDER: l v 1 5LM S W P eeai e,f "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for PARKING LOT SWEEPING SERVICES FY 2018 THROUGH 2019, CONTRACT NO. C36050, hereby proposes to cons the work in accordance with the Contract Documents, including Addenda No(s). /`' for the amount stated in this Bid. By submitting this Bid, the Contractor agrees with the City: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2 The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the cash, check or Bid Bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 6. It is understood that the price shown hereon includes all phases and types of work described in the Contract Documents and Specifications. The unit cost for each parking lot shall be indicated. BI-WEEKLY X 26 a(ANNUAL ITEM DESCRIPTION/NAME OF PARKING LOT PRICE PRICE) 1 Aquatic Center $ [/6 $ / j 9 2 Civic Center Park $ / j y $ © o 5/ 3 Civic Center City Hall $ / o L/ $ 7 v 4 Corporation Yard $ / S $ 2. 9 9 c' 6 Entrada del Paseo $ 1 $ 3 $ 2, /f r 6 Freedom Park $ 6 6 $ !, 7 / G 7 Hovley Soccer Park $ QA $ 2, 3 ? Z 8 Ironwood Park $ / C $ } 9 9 Joe Mann Park $ / c $ 1 9 0 , 10 Magnesia Falls City Park $ 2 ca $ c 7 2. 11 Park View Office Complex $ G 3 $ / 6 3 Y 12 Presidents Plaza East $ I 0 A $ Z 6 5- Z 13 Presidents Plaza West $ 9 Q' $ 2 ,r se,7 14 Presidents Plaza 3 $ / S r _$ 4/7 0 3 0 TOTAL $ /,/3 0 $ 2 9/ 3 >d TOTAL ANNUAL AMOUNT BASE BID IN FIGURES$ '2_ 7, 3 ?-0 (Must match TOTAL of second column above) TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS: �� �=� �! �.� e Th,usq / 7 ee cede ' 4 7()- c-' " S The costs of any work shown or required in the Contract Documents and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. IN WITNESS WHEREOF CONTRACTOR execut is Bid as of date set forth on Page C-1: By: _ (must be notarized) Title: P S, ��,1 t Page C-2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of �Z o :c & ) On 'm•N�11" , 20 lZ before me, 4L.3 t ItA +44. .voi+// personally appeared '�:c .Nst.r A t,J . -- who proved to me on the basis of satisfactory evidence to be the person(%) whose name(g) is/a*e subscribed to the within instrument and acknowledged to me that he/siaigthey executed the same in his/ham authorized capacity(ire;.), and that by his/her signatures() on the instrument the person(), or the entity upon behalf of which the person(g) 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. +► �} I�r co..rwa: n l.C.w t, • Mary Pula•CON* ii Signature of Notary Public Page C-3