HomeMy WebLinkAboutMikhail Ogawa Engineering; 2007-02-06;RATIFICATION OF AGREEMENT FOR
STORM WATER CONSTRUCTION PROGRAM REPORTING SERVICES AND OTHER
AS-NEEDED SERVICES RELATED TO STORM WATER COMPLIANCE
(MIKHAIL OGAWA ENGINEERING)
This Agreement is made and entered into the & day of
^dlJLHjLjL cxiv yj . 200JT_, but effective as of the 4th day of January, 2007, by
and between the Cl^"of Carlsbad, a municipal corporation, ("City"), and Mikhail Ogawa
Engineering, an engineering consultant, ("Contractor") (collectively, the "Parties")
for Storm Water Construction Program Reporting Services and other as-needed
services related to Storm Water Compliance.
RECITALS
A. City requires the professional services of an engineering consultant that is
experienced in Storm Water Construction Program Reporting and Storm Water
Regulation Compliance and other as-needed services related to Storm Water
Compliance.
B. Contractor has the necessary experience in providing professional
services and advice related to Storm Water Construction Program Reporting and Storm
Water Regulation Compliance and other as-needed services related to Storm Water
Compliance.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
E. Contractor started to perform services required by the City without benefit
of an agreement.,
F. The City desires to ratify the work performed before the date first written
above.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
City Attorney Approved Version #11.28.06
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will not exceed twenty five thousand dollars ($25,000). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. The City reserves the right to withhold a ten percent (10%) retention until
City has accepted the work and/or Services specified in Exhibit "A".
i
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
City Attorney Approved Version #11.28.06
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
City Attorney Approved Version #11.28.06
10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
City Attorney Approved Version #11.28.06
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name: Linda Kermott Name: Mikhail Ogawa
Title: Public Works Manager Title: Principal
Department: Public Works Address 3525 Del Mar Heights Rd. #429
City of Carlsbad San Diego CA 92130
Address _1635 Faraday Avenue
Carlsbad CA 92008
Phone No. 760-602-2753 Phone No.: (619)994-7074
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
City Attorney Approved Version #11.28.06
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
City Attorney Approved Version #11.28.06
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
City Attorney Approved Version #11.28.06
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
City Attorney Approved Version #11.28.06
8
26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
MIKHAIL OGAWA ENGINEERING,
an Engineering Cgpsujtant
*By:
"(sign here)
CITY OF CARLSBAD, a municipal
corporation of
^Byi^V^
City Manager or Mayor
ATTEST:
(print name/title)
(e-mail addess)
*By:
(sign here)
LORRAINE M. WOOD
City Clerk
(print name/title)
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Bv: J(l&A£X^
Deputy City AttorneV
City Attorney Approved Version #11.28.06
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BELINDA R. GUZMAN I
Commission #1565777 I
Notary Public - California ]
San Diego County j
My Comm. Expires Mar 31,20091
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Place Notary Seal Above Signature of Notary Public
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EXHIBIT "A1
MIKHAIL OGAWA ENGINEERING
January 4, 2007
Ms. Linda Kermott
Public Works Manager
City of Calrsbad
1635 Faraday Avenue
Carlsbad, California 92008
SUBJECT: PROPOSAL TO PROVIDE STORMWATER CONSTRUCTION PROGRAM
REPORTING SERVICES
Dear Linda:
In response to your request, Mikhail Ogawa Engineering (MOE) is pleased to
submit this proposal to the City of Carlsbad (City) for providing Stormwater
Construction Program Reporting Services (Project).
It is our understanding that the City has received a Regional Water Quality
Control Board (RWQCB) Notice of Violation (NOV R9 2006-0163) and a letter
directing the submittal of a Required Technical Report (RTR) for issues related
to implementation of the City's JURMP, specifically construction component
compliance. The RTR is due to the RWQCB no later than 5:00 p.m. on January
23, 2007.
The City requests that MOE prepare the RTR in response to the NOV and letter
utilizing as much existing information as available from the City, through
document research and interviews. It is also understood that the Project is of
relatively high profile and therefore the City would like regular progress
updates and a draft report on January 16, 2007.
MOE understands that the intent of the RTR is to assess the City's compliance
with RWQCB Order 2001-01 and that the areas of Construction Site
Identification, Prioritization, Tracking, Inspections, Enforcement and Education
are of importance for the Project. The scope described below will consider all
of these areas in each task and will complete the RTR to describe the policies
and procedures necessary to demonstrate the City's compliance in these
program areas.
3525 Del Mar Heights Road #429 * San Diego, California 92130 » (619) 994-7074 * Fax (858) 225-0531
Ms. Linda Kermott
January 4, 2007
Page 2 of 5
The following is a scope of services for the Project.
I. SCOPE OF SERVICES
Based on our current understanding of the Project, MOE will provide the
following professional services for the Stormwater Construction Program
Reporting Project:
A. Confirmation with RWQCB Staff - This task involves
corresponding with RWQCB staff to confirm purpose and
applicability of the requirements set forth in the letter requiring
the RTR.
B. Collect Existing Documentation - This task involves gathering
pertinent documents from the City related to the policies and
procedures of implementing the construction component
requirements of RWQCB Order 2001-01. A list of proposed
documents is found in Section II. below. In addition to City
documents, MOE will also gather relevant documents from
other agencies that would lend themselves to developing
and/or revising policies and procedures that may be lacking in
the City's program implementation.
C. Document Review - This task involves reviewing the documents
collected in Section I.A. above. The purpose of this task is to
review the applicability of the documents for demonstration in
the RTR that the written policies and procedures required to
implement the City's construction component are satisfactory.
We will use our experience of developing and implementing
other jurisdictions' construction components to determine
levels of requirement.
D. Meetings with City Staff - This task involves meeting with City
staff to: review pertinent documents; clarify policies and
procedures; interview to document policies and procedures
that are in practice but not documented; develop policies
and procedures for processes that are not in practice; confirm
final policies and procedures, and; review draft and final RTR
documents. It is anticipated that this task will involve 5-6
meetings.
Ms. Linda Kermott
January 4, 2007
Page 3 of 5
E. Document Policies and Procedures - Based on the results of
the tasks above, MOE will document, in written format, the
existing policies and procedures (even if currently
undocumented).
F. Develop Procedures - Based on the tasks above, MOE will
develop and propose written policies and procedures to meet
the intent of the City's JURMP and the RWQCB Order 2001-01 in
areas where the City's existing written policies and procedures
are lacking.
G. Field Visits - MOE will visit two construction sites to observe and
document inspection and enforcement procedures, review
the site for compliance with the City's requirements and
general compliance with industry standards for BMP
implementation. The City will select the two sites, but it is
anticipated that the construction sites will include La Costa
Ridge 2.6 and Hunter's Pointe.
H. Preparing the RTR - This task will prepare the Required
Technical Report to meet the requirements of the RWQCB
letter to the City of Carlsbad dated December 21, 2006. The
RTR will include the written policies and procedures to
implement the City's Stormwater Construction Program from
project beginning through project close-out. MOE will prepare
five (5) hard copies and five (5) electronic versions of the
report. A draft report will be available for City review on
January 16, 2007 and the final report will be delivered to the
RWQCB no later than 5:00 p.m. on January 23, 2007.
II. CLIENT FURNISHED SERVICES
The following services or information will be provided by the City or its
consultants:
A. Assign one person to serve as the City's project manager who
has the authority to represent the City and will serve as the point
of interface for all project issues and communications.
B. The following is a list of items to be provided by the City:
Ms. Linda Kermott
January 4, 2007
Page 4 of 5
1. Electronic copies of the City's JURMP (February 2002) and
JURMP Annual Reports (Jan 2003, 2004, 2005 and 2006) - only
the sections, attachments and appendices containing
information related to the Construction Component are
necessary.
2. All written correspondence to and from the RWQCB related
to City's Construction Component. This should include but not
be limited to:
a. Documents related to NOV(s) received as a result of
the City's JURMP Annual Report(s)
b. Documents related to the City of Carlsbad's Municipal
Golf Course Construction Project, both documents
received from the RWQCB and responses to the
RWQCB
c. Other issues between RWQCB and the City of Carlsbad
during this current permit cycle (since February 2001)
C. A complete description of all pertinent project information and
issues, including all unusual or critical requirements of the City.
III. ADDITIONAL SERVICES
If requested by the City, MOE will provide the following Additional Services,
beyond the services included in Section I. Scope of Services on a task-by-task
basis at the direction of the City:
A. Attendance to additional meetings beyond those specifically
identified in Section I. Scope of Services.
B. Any additional project related services not specifically
included in Section I, Scope of Services.
IV. FEES AND CONDITIONS
A. The Services described in Section I. Scope of Services, will be
provided on a time and materials basis with a not to exceed
amount of $7,345.
B. The Services described in Section III. Additional Services, will be
provided on an hourly rate basis in accordance with the MOE
Carlsbad Reduced Rate Schedule in effect at the time the
services are performed - a copy is attached.
Ms. Linda Kermott
January 4, 2007
Page 5 of 5
We appreciate the opportunity of offering this proposal, and look forward to
working with you on this project. If you are in agreement with the above,
please incorporate this proposal into your Standard Agreement for
Professional Services and return for signature.
If you have any questions, please call me at (619) 994-7074.
Respectfully submitted,
Mikhail Ogawa
Principal
c: File
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I, MIKHAIL OGAWA am the SOLE PROPRIETOR
[insert name] [title]
of MIKHAIL OGAWA ENGINEERING . I hereby certify that.
[name of company]
MIKHAIL OGAWA ENGINEERING has no employees
[name of company]
and is not required by law to maintain workers' compensation or employers' liability insurance.
Should MIKHAIL OGAWA ENGINEERING employ any person during the term
[name of company]
of the Agreement with the City of Carlsbad for STORM WATER CONSTRUCTION PROGRAM
REPORTING SERVICES AND OTHER AS-NEEDED SERVICES RELATED TO STORM WATER
COMPLIANCE [description of project or work that is being contracted] then workers' compensation and
employers' liability insurance will be obtained.
MIKHAIL OGAWA
[Name]
[Signature]
SOLE PROPRIETOR - MIKHAIL OGAWA ENGINEERING
[Title and name of company or corporation]