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HomeMy WebLinkAbout2012-06-12; City Council; 20927; Approval Agreement Building Plan Check Consultant ServicesCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,927 6/12/12 CED APPROVAL OF AGREEMENT FOR BUILDING PLAN CHECK CONSULTANT SERVICES DEPT. DIRECTOR ^^^^^ CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2012-127 . APPROVING an agreement with ESGIL Corporation, for building plan check services for current development. ITEM EXPLANATION: The City of Carlsbad currently contracts with a private professional plan checking firm to review construction plans for consistency with all state and local building codes, including seismic and life safety provisions, disabled accessibility, plumbing, electrical, mechanical and energy efficiency regulations. The current contract for building plan check services with ESGIL Corporation expires on June 30, 2012. Request for Statement of Qualifications & Proposals were sent to eight (8) plan check consulting firms. Three (3) firms submitted Statement of Qualifications & Proposals to the Community & Economic Development Department for consideration. The Community & Economic Development Department conducted a thorough review of each proposal, approach to the project, the experience of the individuals involved and the firm itself, performance and product delivery schedules and cost submitted. After reviewing all of the proposals, staff recommends that ESGIL Corporation be retained to provide building plan check services for current development. The ESGIL Corporation proposal was well prepared, exhibited a thorough understanding of the scope of work, and included a schedule and cost proposal that was acceptable to staff. The firm, and the individuals who will carry out the plan check services have demonstrated an excellent performance record for over 30 years. Staff is recommending that the City approve the agreement for a three-year period, with two, one year extensions upon approval of the City Manager based on the City's need, satisfactory performance by the consultant, and appropriation of funds by the City Council. FISCAL IMPACT: Payments made to ESGIL Corporation for plan check services are funded from the Building Division's Miscellaneous Professional Services account. Fiscal Year 2012-2013 Revenues DEPARTMENT CONTACT: Will Foss 760-602-2716 Will.Foss(a)carlsbadca.qov FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • Page 2 generated from Building Plan Check fees are estimated to be approximately $500,000 with payments to ESGIL projected at $280,000. Per the agreement, ESGIL Corporation is paid 56 percent of the building plan check service fee for each plan check. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. City Council Resolution No. 2012-127 Approving an agreement with ESGIL Corporation for building plan check services. 2. Agreement 2 EXHIBIT 1 1 RESOLUTION NO. 2012-127 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ESGIL 4 CORPORATION FOR BUILDING PLAN CHECK SERVICES. 3 5 9 10 11 12 27 28 6 WHEREAS, the City Council has determined that it is desirable and necessary to 7 retain a building plan check consultant to provide plan check services for current development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 13 2. That the City Council hereby authorizes the Mayor to execute an agreement with ESGIL Corporation for building plan check services for current 14 development, for a three-year period, which may be extended by the City Manager for up to two additional one-year periods. 15 16 17 18 19 20 21 22 23 24 /// That the funds are available in the Building Division budget. /// /// /// /// /// /// 25 /// 26 /// /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12*^^ day of June 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. LORRAINE M. WOOD, City Clerk (SEAL) fl, ^ .\^ EXHIBIT 2 AGREEMENT FOR BUILDING PLAN CHECK SERVICES (ESGIL CORPORATION) THIS AGREEMENT is made and entered into as of the day of u^U.^Kjt^ 20 A. and effective July 1, 2012, by and between the CITY OF CAF^SBAD, a municipal corporation, ("City"), and ESGIL Corporation, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a building plan check contractor to provide the necessary building plan check services for proposed construction projects that is experienced in current building codes as adopted by the City. B. Contractor has the necessary experience in providing professional services and advice related to building plan check. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS a. Perform traditional preliminary building plan check consultations in Contractor's main office by meetings or by telephone. b. Perform traditional initial building plan check of submitted plans to determine compliance with City adopted California Building Code, California Plumbing Code, California Mechanical Code, California Electric Code, California Green Building Code, California Residential Code, and California State, Title 24 (Energy Conservation; Disabled Access; and Noise Attenuation). c. Provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. d. Perform all necessary liaison with the applicant's designee, either by telephone, mail or meeting in ESGIL Corporation's main office, and perform all necessary rechecks to achieve conformance to the regulations. e. Perform all necessary liaison with the Building Official or his designee, either by mail, or telephone or in ESGIL Corporation's main office, to ensure compliance with the California Building Code Section 1.8.6.1 and to ensure compliance with local policy interpretations. f. Perform building plan checks of revisions to plans that have previously been approved for permit issuance, or perform building plan checks of major changes to plans prior to such approval, when such major changes are not required to achieve code conformance. City Attorney Approved Version 2/17/12 5 g. Demonstrate that contractor is able to provide, when requested, accessibility surveys and that designated staff providing this service are CASP certified. h. Attend meetings related to proposed building projects at the request of the Building Official at locations other than ESGIL Corporation's building plan check office. 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. 3. CITY OBLIGATIONS The City shall perform the following work: a. Obtain from the applicant, at the time of the project submittal, the necessary items to allow plan checking to be completed in the shortest overall timeframe. Necessary items include, but are not limited to, complete plans, construction specifications, soil reports. Title 24 energy calculations, structural calculations, the name, address and telephone number of the applicant's designated contact person and similar items that may be unique to a particular project b. Provide the valuation for the proposed construction or instruct the Contractor to calculate the valuation in accordance with the City's adopted valuation schedule. c. Provide the Contractor with copies of any City ordinances that modify the regulations listed in l.b. d. Collect sufficient plan check fees or deposits from project applicants to ensure the City will not suffer a loss if the applicant decides to abandon the permit process after the Contractor has completed the initial plan check. PROGRESS AND COMPLETION Contractor shall complete plan checks according to the following schedule: A. First plan check: complete and return to city within ten (10) working davs from date of plan submission to the citv. B. Second and third plan checks: complete and return to city within seven (7) working davs from date of submission to citv. 5. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version 2/17/12 (9 6. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 7. COMPENSATION a. Compensation for each plan reviewed under Sections 1, a - h shall be 56% of the building permit fee calculated per the City's master fee schedule as adopted by the City for each building plan checked. The construction valuation shall be based on the most recent valuation multiplier adopted by the City or on the architect's estimated construction cost, or on the Building Official's cost estimate. The Building Official shall have final decision authority over the value used. Plan check fee for repetitive identical buildings shall be 56% of the building permit fee as noted above for the first, or basic building, and 14% of the plan check fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, checking plans that are eventually found to be incomplete or for the mailing of plans back to the jurisdiction. b. Compensation under Section 1. f. shall be calculated either the same as 7. a. or shall be based on the Contractor's current Labor Rates Schedule. The method used will be at the discretion of the Contractor with the approval of the Building Official. c. Compensation for work performed under l.g and 1. h. shall be based on the attached Labor Rates Schedule (Attachment A) as modified each January 1^* and July 1^^ with approval of the Building Official. d. The Contractor shall not perform extra work without written authorization from the Building Official. 8. PAYMENT OF FEES Each month, contractor shall submit his/her invoice for work performed during the prior month. Payment of approved items on the invoice shall be mailed to the contractor within thirty (30) days after receipt of invoice. 9. 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 City Attorney Approved Version 2/17/12 1 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. 10. 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. 11. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 12. 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 sun/ive the expiration or early termination of this Agreement. 13. 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-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 13.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager 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. 13.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies City Attorney Approved Version 2/17/12 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. 13.1.2 Automobile Liabilitv (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. 13.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Comoensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 13.1.4 Professional Liabilitv. 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. /7fi\ wL^ I I If box is checked. Professional Liability T^ty's Initials Contractor's Initials Insurance requirement is waived. 13.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 13.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 13.2.3 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. 13.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 13.4 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. 13.5 Submission of Insurance Policies. Citv reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 14. 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. 15. 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 City Attorney Approved Version 2/17/12 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. 16. 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. 17. 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. 18. 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 Citv For Contractor Name Will Foss Name Kurt Culver Title Building Official Title President Department Building Division Address 9320 Chesapeake Dr #208 City of Carlsbad San Diego CA 92123 Address 1635 Faraday Avenue Phone No. 858-560-1468 Carlsbad CA 92008 Email kculver@esgil.com Phone No. 760-602-2716 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. 19. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 20. 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 whose services are required by this Agreement. City Attorney Approved Version 2/17/12 |0 21. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 22. 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 othenA/ise 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 fonA/arded 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 fon^^arded 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. 23. 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. 24. 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. 25. 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 City Attorney Approved Version 2/17/12 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 seg.. 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. 26. 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. 27. 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. 28. 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. 29. 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. City Attorney Approved Version 2/17/12 CONTRACTOR ESGIL Corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (print name/title) ATTEST: r.T*.•• ......<, (^,_|^j^^^5 (sign here) - LORRAINE M. WOOD ( C40C^) HeNir>6A]/^^ City Clerk (print name/title) s e <^t^e^rf^ R M If required by City, proper notarial acknowledgment of execution by contractor m^f^^ei \^<->^ attached. If a corporation. Agreement must be signed by one corporate officer from each of ttid""** ' 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/B^i,^^-eitv Attornev ity Attorney City Attorney Approved Version 2/17/12 13 ESGIL CORPORATION PLAN REVIEW FEES Attachment A Initial Plan Review: For building code plan reviews (including plumbing, mechanical, electrical, energy and disabled access), EsGil Corporation proposes a fee equal to 56% of the Building Permit Fee collected by the City. Repetitive Track Homes: For repetitive plan reviews, EsGil Corporation proposes a fee equal to 14% of the Building Permit Fee collected by the City, for each building. Rechecks #7. #2. #3 rail): No additional fees. Fees included in the initial plan review fee. Plan Pickup and Delivery Charge: No charge to the City. Other Fees: • Preliminary Plan Checks: No charge to the City. • Revisions: Plan check revisions, after plans are approved, will be reviewed on an hourly basis, based on the hourly rates listed below. • Hourly Rates: ESGIL CORPORATION HOURLY RATES Supervising Structural Engineer $129 00 CASp Certified Access Examiner $120 00 LEED Certified Plans Examiner $120 00 Structural Engineer $116 00 Civil Engineer $100 00 Electrical Engineer $100 00 Mechanical Engineer $100 00 I.C.C. Plans Examiner $86 00 Note Labor rates are only used when requested by our clients, where a Building Plan Check Fee is not applicable. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ } On before me, vS<»//y /6/^-t?C AJohi/^y/^o/}/, Date ^ 'Here InserH^ame and Title of tfre Officer Date personally appeared Name(s) of Signer(s) SALLY BYRO Commission # 1950738 Notary Public • Caiifornia San Diego County 1 who proved to me on the basis of satisfactory evidence to be the personO^ whose name(^ is/gtrfe subscribed to the within instrument and acknowledged to me that he/sh^/t|pr§y executed the same in his/lj^r/tj^f^ir authorized capacity(i^), and that by his/h;^/tl}^r signature(£(f on the instrument the persorij^, or the entity upon behalf of which the personj^^!^ acted, executed the instrument. My Comm sn uiego uoumy ^ n. Expires 30. aH5m 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. Place Notary Seal Above Signature. OPTIONAL - "^Signatidte of Notary Public 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: /^i^ee^vi^i" Pgr ioo i Ic^ i r\y PIJOAJ dhe^cK S^\Jrr.t^C Document Date: C^" ^P/JL ' • ' Signer(s) Other Than Named Above: ^^""^ Number of Pages: Capacity(i^) Claimed by Signer(^ Signer's Name:. • Individual Q^orporate Officer — Title(s): ^&cvg.-V<v^^ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: l^-^^f ^ ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 •'Chatswortli, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 1-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ^/V/// } Date personally appeared before me, f ' Here Ipsiert Name and Title d tfie Officer Name(s) of Signer(s) SALLY BVRD Commission # 1950738 Notary Public • California San Diego County 1 ly san Diego county g aComm. ExDirw StP 30.201Sl who proved to me on the basis of satisfactory evidence to be the personj^ whose namej;^ is/^f^ subscribed to the within instrument and acknowledged to me that he/sl;^/tj?^y executed the same in his/h^r/tl^^ir authorized capacity(ies), and that by his/h)j/r/tl74ir signaturej^ on the instrument the person(;^), or the entity upon behalf of which the person^) 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. Place Notary Seal Above Signature. OPTIONAL - /^ignatur^f Notary Public 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: /^^rd^n^cAjf Pott bv//ol/^ Pll^ Chpck S^Jj^.V/C eJ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual •^Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER JoBi;^?^.£'ib here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Cfiatsworth, OA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827