HomeMy WebLinkAbout2011-053
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RESOLUTION NO. 2011-53
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL
AND ENGINEERING SERVICES AT THE METROLlNK PARKING STRUCTURE AT
4 SANTA FE DEPOT WITH OWEN DESIGN GROUP, INC. FOR DESIGN AND
CONSTRUCTION OF THE SANTA FE DEPOT PARKING STRUCTURE PROJECT
5 (GB04-19).
6
7
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is authorized to execute Amendment No.2 to
9 Agreement for Professional Architectural and Engineering Services at the Metrolink Parking
10 Structure at Santa Fe Depot with Owen Group, Inc. to provide Professional Architectural and
11
12
13
Engineering Services for the Santa Fe Depot Parking Structure (GB04-19) (attached and
incorporated herein as Exhibit "A").
SECTION 2. This Amendment No.2 shall not take effect or become operative until
14
15 fully signed and executed by the parties and no party shall be obligated hereunder until the time
16
of such full execution. No oral agreements, amendments, modifications or waivers are intended
t 7 or authorized and shall not be implied from any act or course of conduct of any party.
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to execute it within sixty (60) days of passage of this resolution.
20
SECTION 3. The authorization to execute this agreement is rescinded if the parties fail
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2011-53
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL
2 AND ENGINEERING SERVICES AT THE METROLlNK PARKING STRUCTURE AT
3 SANTA FE DEPOT WITH OWEN DESIGN GROUP, INC. FOR DESIGN AND
CONSTRUCTION OF THE SANTA FE DEPOT PARKING STRUCTURE PROJECT
4 (GB04-19).
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 joint
Common Council of the City of San Bernardino at a regular
7
meeting thereof, held
on the 7th
day of March
,2011, by the following vote, to wit:
8
Council Members:
9
10
11
12
13
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
x
VACANT
x
BRINKER
SHORETT
x
14
15
16
17 MC CAMMACK
18
KELLEY
x
JOHNSON
---X-
x
a~J...J..h. ~
Rachel Clark, City Clerk
19
20
21
22
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24 Approved as to form:
The foregoing resolution is hereby approved this 9"'" day of
March
,2011.
~&..~
Tobin Brinker, Mayor Pro Tem
City of San Bernardino
25 JAMES F. PENMAN,
City Attorney
26
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- 2 -
2011-53
Exhibit "A"
AMENDMENT NO.2 TO AGREEMENT FOR SERVICES
This Amendment No. 2 to Agreement for Professional Architectural and Engineering
Services at the Metrolink Parking Structure at Santa Fe Depot by and between the City of San
Bernardino (Agency) and OWEN GROUP. INC., doing business in California as OWEN
DESIGN GROUP, INC., a Nevada corporation (Consultant), is made and entered into effective
as of the 7th day of March , 2011 by and between the Agency and the
Consultant.
WITNESSETH:
A. WHEREAS, on May 1,2006 the Mayor and Common Council of the Agency
adopted Resolution No. 2006-114 approving an Agreement for Services with Owen Design
Group, Inc. for design and construction of the Santa Fe Depot Parking Structure project (GB04-
19); and,
B. WHEREAS, on Novembcr 16, 2009 the Mayor and Common Council of the
Agency adopted Resolution No. 2009-352 approving Amendment No. I to an Agreement for
Services with Owen Design Group, Inc. for design and construction of the Santa Fe Depot
Parking Structure project (GB04-19); and,
C. WHEREAS, the Agency has a continuing need for the Consultant to provide
Professional Architectural and Engineering Services for the Santa Fe Depot Parking Structure
(GB04-19) during construction of said structure; and,
D. WHEREAS, Consultant has requested additional compensation for work not
included in its original scope of work of the original Agreement or Amendment thereto; and
C. WHEREAS, City concurs that the additional services for which compensation is
requested were not in the original scope of services of the original Agreement or Amendment
No. I.
NOW THEREFORE, the parties hereto agree as follows:
I. Section 3 "Scope of Services" of the Original Agreement as approved by Resolution No.
2006-114 is hereby amended to include items described in detail in the attached Change
Order Nos. 3 and 4 from Consultant dated January 20, 2011 and attached hereto as
Attachment "I":
2. Section 5(a) of the Original Agreement as approved by Resolution No. 2006-114 is hereby
amended as follows: Over the term of this Agreement, Consultant shall be compensated for
said Agreement as follows:
2011-53
Amendment No.2 to Agreement for Services -Owen Design Group, Inc.
Page 2 of3
a) Agreement for Services approved per Reso. No. 2006-114. . .
b) Amendment No.1 approved per Reso. 2009-352
c) Amendment No.2 (this Amendment)
Total not-to-exceed amount. . . . . . . . . . . .
$399,608.00
0.00
$44,098.00
$443,706.00
-
Exhibit "A"
3. All other terms and conditions of said Agreement for Services and Amendment No 1
approved by Resolution No. 2006-114 and Resolution No. 2009-352 shall remain unchanged.
III
III
2
2011-53
Exhibit "A"
Amendment No.2 to Agreement for Services -Owen Design Group, Inc.
Page 3 00
AMENDMENT NO.2 TO AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
OWEN GROUP, INC., doing business in California
as OWEN DESIGN GROUP, INC., a Nevada
corporation.
Date:
by:
HI ~kC' / ~A'?fl/;7;
Print NamerritIe .
Date: '6 -&'2:>-\ \
by:
A TIEST:
j)Jft0jJ ~ (fLuL P!J ./1ctt/~{/~
Rachel Clark, ity Clerk I I -
Approved as to form:
James F. Penman
City Attorney
1,f~
3
2011-53
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ATTACHMENT ."1"
CHANGE ORDER AUTHORIZATION
. .. · 806.2109.1,0806.2109.2 AND
. . . . .. ..
DATE .',:,'.: : JANUARY 20, 2011 OWEN DESIGN # 0806,2109.3
SAN BERNARDINO CHANGE ":.;
PROJECT PARKING STRUCTURE ORDER# ..... #003
".\ OWEN DESIGN AND
ORIGINATOR ANGELA GOLDINE FIRM . MANAGEMENT, INC.
CITY '. .. '.
REPRESENTATIVE ROBERT EISENBEISZ FIRM CITY OF SAN BERNARDINO
In accordance with your rcqucst, this Icttcr constitutes an agreement to perform the following
additional services on the subject project:
0806.2109.01- Additional time/meetings beyond allocated contract amount.
I. Additional meeting/site meeting bcyond contract scope.
a. Date 10.28-2010 (7hrs)
2. Estimated meetings/site visits through cnd of April 20 I 1:
a. Date 01-06-2011 Architect (estimated 6 hrs.)
b. Date 01-27-2011 Architect (cstimated 6 hrs.)
c. Date 02-10-2011 Architect (cstimated 6 hrs.)
d. Date 02-24-2011 Architect (estimated 6 hrs.)
e. Date 03-10-2011 Architect (estimated 6 hrs.)
f. Datc 03-24-2011 Architcct (cstimatcd 6 hrs.)
g. Date 04-07-2011 Architect (estimated 6 hrs.)
h. Date 04-21-2011 Architcct (estimated 8 hrs.)
i. Date 04-21-2011 Engineer (estimated 8 hrs.)
3. It is anticipated that additional support/timc for comp1ction of Close-Out processes will be
required from January 02,2011 through June 31, 20 11 (contract completion date). As such,
these additional Office Administration hours will be supportcd by thc following:
AssociatelProject Manager (Angela Goldine) estimated 104 hours. Project Engineer
(Moosa Kazem7.adehparsi) estimatcd 50 hours.
Our fee for this scope is as follows:
1. $ 7,054.00
2. $ 857.00
3. $ 10,872.00
4. $ 5,355.00
Meetings/Site Visit - Architectural (57 hrs)
Meetings/Site Visit - Electrical (8 hrs.)
Office CA - Architectural (104 hrs)
Office CA - Electrical (50 hrs)
Total: $ 24,138.00
0806.2109.02 - LED Fixture and Conduit change - Per Owner's request
1. Changed approved design from standard fluorescent lighting design to LED lighting per
Owner's request. .
2. Revised drawings both architectural and electrical to accommodate LED lighting.
3. Worked directly with electrical supplier to provide the most efficient design.
4. Review shop drawings and incorporate all site questions/revisions into final record
drawings.
Z:IWBA.J 119048-Owen SFPSI8061808.2109.1 Sante Fe Perking StruclurelProJecl ManagemenllChange OrdarslChange Order 003IChange
Order Auth 003.Rav.doc
2011-53
ATTACHMENT."}" .
5. Review final installation/site and perform report/punch list.
Our fee for this scope of work is for hours already spent and hours estimated to complete this portion
of work (see attached breakdown for hours already charged):
I. $ 5,200.00 Architectural
2. $ 7,160.00 Electrical
Total: $ 12,360.00
0806.2109.03 - VE Items proposed and accepted by the City of San Bernardino which include
eliminate wheel stops on all tiers (except accessible stalls), add barrier cables around the perimeter
ofthc structure at Tier I, add cameras locations Tiers I tbm 3..
I. Incorporate VE items within record drawings
2. Review barrier cable shop drawings for exterior perimeter conditions.
3. Review final installation and perform a punch list.
Our fee for this scope of work is for hours already spent and hours estimated to complete this portion
of work (see attached breakdown for hours already charged):
Total: $ 2,000.00 Architectural
Our overall total fee for 0806.2109.01,0806.2109.02 and 0806.2103 is as follows:
I. 0806.2109.01 - $ 24,138.00
2. 0806.2109.02 - $ 12,360.00
3. 0806.2109.03 - $ 2,000.00
Overall Total:
$ 38,498.00
Invoices are payable upon receipt.
We understand that you concur with the aforementioned proposal and are, therefore proceeding with
the subject project tasks. Please return (I) one copy of this letter with the proper authorized party's
signature and/or initials where indicated. This will constitute our written authorization to perform
these services. All other provisions of this agreement will remain the same.
, 3.(jt'~OII
Date
~~
Accepted by:
OWEN DESIGN al/d MANAGEMENT, II/C.
3fz-Cilrr
Signature
Date
Angela G dine, AssociatelProject
NameITitle
Robert Eisenbeisz, City Engineer
NameITitle
Please notifY the writer if you take exception or ifthere are any errors or omissions. If no notice is
received within 3 da s, we will assume that ou are in a eement.
CC: BEEKYU OWN (ACCOUNTING) SENTBY: ANGELA GOLDINE
. MICHAEL CHEGINI .. . . OWEN DESIGN GROUP, INC.
EDDY JAN (CITY OF SAN BERNARDINO) . . .' . .
MICHAEL ACKERMAN . .
Z:IWBA_11\9048-Owen SFPSIB06IB06.2109.1 Sanla Fe Parking StructureIProject ManagementlChanga OrderaIChange Order 0031Change
Order Aulh 003.Rav.doc
2011-53
ATTACHMENT."l"
owu~design
CHANGE ORDER AUTHORIZATION
ROBERT EISENBEISZ
606.2109.1
JANUARY 20 2011
SAN BERNARDINO
PARKING STRUCTURE
#004
OWEN DESIGN AND
MANAGEMENT, INC.
ANGELA GOLDINE
CITY OF SAN BERNARDINO
In accordance with your request, this letter constitutes an agreement to perform the following
additional services on the subject project:
0806.2109.01- Provide Elevator Recall System (Fire Alarm).
1. Per Elevator Specifications: Section 14240 Hydraulic Elevators, 2.02 Systems and
Equipment, 12, an elevator recall detecting system shall be installed at each elevator to
cause elevator to return to main floor if activated. A request was made by the design
team to assist during construction in providing this information in lieu of the Elevator
Sub-contractor.
a. Direct contractor on how to install system.
b. Generate drawings and submit sketches to contractor.
c. Reviewed first set of shop drawing package; returned revise and resubmit.
d. Review shop drawings once resubmitted by contractor.
. e. Review final installation.
Our fee for this scope of work is for hours already spent and hours estimated to complete this portion
of work (see attached breakdown for hours already charged):
. 1. $ 1,000.00 Architectural
2. $ 4,600.00 Electrical
Total: $ 5,600.00
Invoices are payable upon receipt.
J:\Projec1s\B06\B06.2109.1 Sanla Fe Parking StruclurelProjec:t Managemenl\Change Orders\Change Order 004\Change Order AUlh 004.doc
2011-53
ATTACHMENT ."1"
We understand that you concur with the aforementioned proposal and are, therefore proceeding with
the subject project tasks. Please return (I) one copy of this letter with the proper authorized party's
signature and/or initials where indicated. This will constitute our wriUen authorization to perform
these services. All other provisions of this agreement will remain the same.
ClI. ~:X?tl//
Date
-&4
Accepted by:
OWEN DESIGN and MANAGEMENT, Inc.
~
~ tu"
I
Angela Goldine, Associate/Project
Name/Tille
4
3/11{ /If
Date
Signature
Robert Eisenbeisz, City Engineer
Name/Tille
Please notify the writer if you take exception or if there are any errors or omissions. If no notice is
received within (3) days, we will assume that you are in agreement.
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I
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYY)
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana CA 92711-0550
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Owen Group, Henrikson Owen & Assoc., BFL Owen &
Assoc., Owen design + management Group, William
Yang Eng., Inc., Parkitects Owen
20 Morgan, Irvine CA 92618
INSURER A:.
INSURER 8:
INSURER c:
INSURER 0:
INSURER E:
v r
E American
v
Co of l:\rn r
s
m r
COVERAGES
tHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFlCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~;: TYPE Of" INSURANCE POLICY NUMBER P~:JSY EFFECTlVE POLICY EXPIRATION LIMITS
A ~NERAL LIABILITY 6B066BBL229 10/17/2010 10/17/2011 EACH OCCURRENCE n~ooo. 000
1L 3"ERCIAL GENERAL LIABILITY FIRE DAMAGE fArlvonelire\ $1 nnn non
_ CLAIMS MADE [i] OCCUR MEO EXP fAnv one nArson\ nn nnn
X ontractual PERSONAL & ADV INJURY .' onn onn
_ Liability GENERAL AGGREGATE ." nM non
~~ AGG:~EILlMIT AP~tIPER: PRODUCTS - COMP/OP AGG SO nnn onn
POliCY ~~.P; LOC
C ~OMOB1LE LIABILITY BA351M4521 10/17/2010 10/17/2011 COMBINED SINGLE LIMIT
1'-- ANY AU_TO (Ea acddent) '1,000,000
- ALL OWNED AUTOS BOOIL Y INJURY
.
SCHEDULED AUTOS (Per person)
x= HIRED AUTOS BODILY INJURY
.
)L NON.QWNED AUTOS (Pereccident)
PROPERTY DAMAGE .
(Per accident)
RGELIABIlITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
A EXCESS LIABILITY CUP7B65YB71 10/17/2010 10/17/2011 EACH OCCURRENCE '5 000 000
~"OCCUR 0 ClAIMS MADE AGGREGATE ,0 non nno
.
R DEDUCTIBLE .
RETENTION . .
A WORKERS COMPENSATION AND UB8015Y524 10/17/2010 10/17/2011 xJ.J'ZC STATU., I IO,I.ti-
.0
EMPLOYERS' LIABILITY .1 000 000
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPlOYE 51 000 000
E.L. DISEASE - POliCY LIMIT .' non non
B OTHER G23636128003 10/17/2010 10/17/2011 Per Claim $2,000,000
~~ofessional Liability Annual Aggr. $4,000,000
/Claims Made
DESCRIPTION OF OPERATlOHSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDQRSEMENTISPECIAL PROVISIONS
eneral Liability policy excludes claims arising out of the performance of professional services.
E, All Operations. City of San Bernardino is additional insured as respects to general liability as required by
ritten contract.
CERTIFICATE HOLDER I I ADDmONAL INSURED' INSURER LEneR: CANCELLATIONl n Dav "~H ~o F~~ "~n_
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City of San Bernardino EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Public Works Division ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO
300 N. liD" Street HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
San Bernardino CA 92418 rHE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTAnc-, J @IW. J A
I , "'" ........ '" ---
ACORD 25-5 (7197)
CilACORD CORPORATION 1988
-l
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury", "property damage" or "personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
within the "products-completed operations
hazard" .
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failure to render any "professional
services" .
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
INSURANCE (Section 111) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance", But this insur.
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance,
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur.
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
CG 03 81 09 07
4) 2007 The Travelers Companies. Inc.
Includes the copyrighted material of Insurance Services Office, [nc., with its permission.
Page 1 of 2
COMMERICAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
O. The following definition is added to DEFINITIONS
(Section VI:
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
Page 2 of 2
02007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office, Inc., with its permission.
CG 03 81 09 07
NOT TRANSFERABLE . MUST HAVE A COLOR BACKGROUND
ACCOUNT
NUMBER
916757
DATE PAID
0611412010
OWNER., FIRM OR
CORPORATION
BUSINESS NAME
AITENTION
MAlUNG ADDRESS
CITY OF SAN BERNARDINO
BUSINESS REGISTRATION CERTIFICATE
This Bun- Rqistral:ioa Certi&ale-doeI DOt indate the kgaI opawion oflhis bu$inc:n.1his Ioad:ion. Other appnrvaIs by other- Ciry
dcJ-trncnb.such as ~1opmmtKrV1as nuybercqulrcd. ThilCenifiatc is issued without 'tCfiticaUoo.thId tbeeenificate is IU!!ied toOI'
c:xenlJl&t:mIicensina:bytheStateofCalif"orna
~ The Bumess Owner is raponsibk lOr timeJy n:newal Not receivirla . ~ oo6ce for Illy reason does DOt relieve
responsibiJitylOrrimclypayrn:m. Irnocpajdwithin.)OdaysoflheexpQriondatestown.I5O%penaltyrilbc~
BUSINESS ClASS: ENGINEER (OUTSIDE)
NOTES:
BUSINESS LOCATION: 20 MORGAN
EXPIRATION DATE
413012011
MICHAEL CHEGINI
OWEN GROUP. INC
POST IN A CONSPICUOUS PLACE. PHOTOCOPIES ARE NOT VALID
20 MORGAN
IRVINE. CA, 92618.2022
Rachel G. Clark
CITY CLERK