Printed 08/23/2023
PlanetBids, Inc.
489
City of Fontana
S. Highland at Mango Traffic Signal (SB-97-DE-23), bidding on 07/20/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
490
City of Fontana
S. Highland at Mango Traffic Signal (SB-97-DE-23), bidding on 07/20/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
491
City of Fontana
S. Highland at Mango Traffic Signal (SB-97-DE-23), bidding on 07/20/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
492
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2442 Agenda Date: 9/12/2023
Agenda #: W. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Active Transportation Program (ATP) Fontana Safe Routes to School (SRTS) Gap Closure Project [Federal ID No. ATPSB1L-5307(029)] (Bid No. DE-24-SB-01).
RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. for the construction of the Active Transportation Program (ATP) Fontana Safe Routes to School (SRTS) Gap Closure Project Federal ID No. ATPSB1L-5307(029), in the amount of $3,615,087.50 and authorize a 10% contingency in the amount of $361,508.75 (Bid No. DE-24-SB-01).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Active Transportation Program (ATP) Fontana Safe Routes to School (SRTS) Gap Closure Project, Federal ID No. ATPSB1L-5307(029), (Bid No. DE-24-SB-01).
3. Appropriate $735,000.00 from Local Measure I Fund No. 246 to the Fontana Safe Routes to School (SRTS) Gap Closure Project No. 0003.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
On July 14, 2020, the City Council accepted an Active Transportation Program Grant in the amount of $1,477,000.00 to fund the design and construction of the Safe Routes to School Project within the vicinity of Fontana High School, Truman Middle School, and Cypress Elementary School. The area is largely boarded by San Bernardino Avenue, Catawba Avenue, Valley Boulevard, and Juniper Avenue.
The proposed improvements include installation of Americans with Disabilities Act (ADA) compliant sidewalks, curb and gutter, ADA curb ramps, street striping and traffic signs, and bike lanes where needed.
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File #: 21-2442 Agenda Date: 9/12/2023
Agenda #: W. Category: Consent Calendar
On August 3, 2023, at 2:00 p.m. the bids for this contract were opened. A total of three (3) bids were received ranging from $3,615,087.50 to $5,470,236.55. CT&T Concrete Paving, Inc. is the lowest bidder in the amount of $3,615,087.50. The Engineer's estimate was $3,100,000.00. After reviewing the proposed bid documents, Engineering staff has determined CT&T Concrete Paving, Inc. to be the lowest responsive and responsible bidder.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $3,976,596.25, for the full term of the construction contract. The available budget is about $3,434,855. Considering all projected expenses for the project, an additional $890,000.00 is being requested in 37600003-246-D-8330 and is not included in the FY 2023-2024 budget. The request will be submitted in the next quarterly budget report and will be funded by Local Measure I Fund No. 246. All future costs will be included in subsequent fiscal year budgets.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 9/6/2023
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N
0 1 inch = 800 feet
800 1600
FONTANA SAFE ROUTES TO SCHOOL GAP CLOSURE PROJECT
PN0003
PROJECT LOCATION
PROJECT LOCATION
PROJECT LOCATION
PROJECT LOCATION
495
Bid Results
Fontana Safe Routes to School Gap Closure Project
(ATPSB1L-5307(029))
DE-24-SB-01
1. CT&T Concrete Paving, Inc. $3,615,087.50
Riverside, CA
2. Mamco, Inc. dba Alabbasi $4,333,333.00
Perris, CA
3. Nationwide Contracting Services, Inc. $5,470,236.55
Huntington Beach, CA
496
City of Fontana
Fontana Safe Routes to School Gap Closure (DE-24-SB-01), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
497
City of Fontana
Fontana Safe Routes to School Gap Closure (DE-24-SB-01), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
498
City of Fontana
Fontana Safe Routes to School Gap Closure (DE-24-SB-01), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
499
City of Fontana
Fontana Safe Routes to School Gap Closure (DE-24-SB-01), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
500
City of Fontana
Fontana Safe Routes to School Gap Closure (DE-24-SB-01), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/23/2023
PlanetBids, Inc.
501
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2443 Agenda Date: 9/12/2023
Agenda #: X. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Alder Middle School Safe Routes to School (SRTS) Project on (Bid No. SB-146-DE-23).
RECOMMENDATION:
1. Award bid and authorize the City Manager to execute a construction contract with All American Asphalt for the construction of the Alder Middle School Safe Routes to School (SRTS) Project in the amount of $2,639,021.00 and authorize a 10% contingency in the amount of $263,902.10 (Bid No. SB-146-DE-23).
2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Alder Middle School Safe Routes to School (SRTS) Project (Bid No. SB-146-DE-23).
3. Appropriate $1,875,783.00 from Local Measure I Fund No. 246 to the Alder Middle School Safe Routes to School (SRTS) Project No. 3367.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
On October 16, 2017, San Bernardino County Transportation Authority Board of Directors (SBCTA) approved funding from the Transportation Development Act (TDA) Article 3 Grant Funds to the City of Fontana for the Alder Middle School Safe Routes to School Project. The grant request for the Alder Middle School Safe Routes to School Project was approved in the amount of $250,000. The project will construct missing sidewalk, ramps, and curb and gutter along the east side of Alder Avenue, the south side of Miller Avenue, and west side of Laurel Avenue. This project will close sidewalk gaps for residential communities in the vicinity, linking them to Alder Middle School.
On December 12, 2017, the City Council accepted the Transportation Development Act (TDA) Article 3 Grant Funds Award approved by San Bernardino County Transportation Authority (SBCTA) for the Alder Middle School Safe Routes to School Project in the amount of $250,000.00 and approved a City of Fontana Page 1 of 2 Printed on 9/6/2023
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File #: 21-2443 Agenda Date: 9/12/2023
Agenda #: X. Category: Consent Calendar
Resolution authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completion for the Alder Middle School Safe Routes to School Project related to TDA Article 3 Grant Awards.
On August 3, 2023, at 2:00 p.m. the bids for this contract were opened. A total of three (3) bids were received ranging from $2,110,186.00 to $2,779,709.00. After reviewing all submissions, the apparent low bid in the amount of $2,110,186, submitted by Aneen Construction, Inc., was determined to be non-responsive. Aneen Construction, Inc. notified Purchasing within five (5) working days after the bid opening of a mistake made on their submitted bid. Purchasing reviewed the withdrawal request by Aneen Construction, Inc. and concurred with the withdrawal of the bid. After further review, the second lowest bidder, All American Asphalt, was determined to be the lowest responsive and responsible bidder in the amount of $2,639,021.00. The Engineer's estimate was $1,253,908.00. The significant increase in cost is largely attributed to the increase in material costs and labor wage rates of the current economy.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $2,902,923.10, for the full term of the construction contract. The available budget is about $1,524,535. Considering all projected expenses for the project, additional $1,782,856.00 and $97,144.00 are being requested in 37603367-246-B8330 and 37603367-630-A-8330 respectively and are not included in the FY 2023-2024 budget. The request will be submitted in the next quarterly budget report and will be funded by Local Measure I Fund No. 246 and Circulation Mitigation Fund No. 630. All future costs will be included in subsequent fiscal year budgets.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 9/6/2023
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N
0 1 inch = 600 feet
600 1200
PROJECT LOCATION
ALDER MIDDLE SCHOOL
SAFE ROUTES TO SCHOOL PROJECT
SB-146-DE-23
504
Bid Results
Alder Middle School Safe Routes to School Project
SB-146-DE-23
1. Aneen Construction, Inc. $2,110,186.00
Riverside, CA
2. All American Asphalt $2,639,021.00
Corona, CA
3. Gentry General Engineering, Inc. $2,779,709.00
Rancho Cucamonga, CA
*Deemed Non-Responsive
*
505
City of Fontana
Alder Middle School Safe Routes to School Project (SB-146-DE-23), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/08/2023
PlanetBids, Inc.
506
City of Fontana
Alder Middle School Safe Routes to School Project (SB-146-DE-23), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/08/2023
PlanetBids, Inc.
507
City of Fontana
Alder Middle School Safe Routes to School Project (SB-146-DE-23), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/08/2023
PlanetBids, Inc.
508
City of Fontana
Alder Middle School Safe Routes to School Project (SB-146-DE-23), bidding on 08/03/2023 2:00 PM (PDT)
Printed 08/08/2023
PlanetBids, Inc.
509
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2450 Agenda Date: 9/12/2023
Agenda #: Y. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Declaring Surplus Land - Property located at 14355 Foothill Boulevard RECOMMENDATION:
1. Approve Resolution No. 2023-096, declaring that the City-owned property on Foothill Blvd, east of Almond Avenue (Assessor’s Parcel Number 0230-051-03) is “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.
2. Authorize the City Manager and/or his designee(s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
COUNCIL GOALS:
· To practice sound fiscal management by living within our means while investing in the future. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.
DISCUSSION:
The City of Fontana acquired this parcel as part of the Foothill Boulevard widening project. (Assessor’s Parcel Number 0230-051-03). The parcel, approximately 20,300 square feet, is located on the south side of Foothill Blvd, 300 feet east of Almond Avenue.
The property, due to its size and shape, offers no direct benefit to the city for a specific use and therefore, is no longer necessary for the City’s use, and the City intends to complete the Surplus Land Act process. Assuming no interest from affordable housing developers or, if there is interest, failure to come to terms on some form of disposition and development after good-faith negotiations, the City intends to lease or sell the property to an end user with a use compatible with the Foothill Blvd corridor.
By approving the attached Resolution, the City would declare this property as “surplus land,” under the Surplus Land Act and Government Code section 54221, and this parcel is no longer necessary City of Fontana Page 1 of 2 Printed on 9/7/2023
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File #: 21-2450 Agenda Date: 9/12/2023
Agenda #: Y. Category: Consent Calendar
for the City’s use.
In order for the City to dispose of this parcel, the City must first go through a public/stakeholder engagement process in accordance with state law and the Surplus Land Act. This process requires the City to transmit (mainly by email) a Notice of Availability - “NOA” (a form of which is attached to the Resolution) to designated entities under state law and allow for a 60-day period during which these entities, including potential affordable housing developers and public entities with jurisdiction over the parcels, may express their interest in negotiating on any of those parcels.
The Surplus Land Act requires this right of first refusal in an effort to mitigate the state’s housing supply crisis. The City is also required to engage in “good-faith” property negotiations for at least 90- days on price and terms with any qualifying party that submits a qualified notice of interest. The City also has reporting and compliance obligations to the Department of Housing and Community Development, who can impose penalties based on the ultimate sales price of the parcel, if the Surplus Land Act is not followed prior to disposition.
This action and resolution begin the surplus land disposition process and allows staff to adequately vet any interest by the public, affordable housing developers, and/or other entities designated under the Surplus Land Act.
Upon conclusion of the public engagement process, the City may market the property to the general public.
Approval of the attached resolution will allow the City to commence the Surplus Land Act process, by issuing the NOA to those entities statutorily entitled to receive it. The disposition of these properties will contribute to the City’s goals to encourage new development on Foothill Boulevard.
FISCAL IMPACT:
N/A
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Resolution
2. Notice of Availability
City of Fontana Page 2 of 2 Printed on 9/7/2023
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ATTACHMENT NO. I
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, DECLARING THAT THE CITY OWNED PARCEL KNOWN AS 14355 FOOTHILL BOULEVARD (ASSESSOR’S PARCEL NUMBER 0230-051-03- 0000) AS “SURPLUS LAND” PURSUANT TO THE SURPLUS LAND ACT, GOVERNMENT CODE SECTION 54220 ET SEQ.; APPROVING FORM OF NOTICE OF AVAILABILITY; AND AUTHORIZING THE CITY MANAGER AND HIS
DESIGNEE(S) TO TAKE ALL ACTIONS NECESSARY TO COMPLY WITH THE
SURPLUS LAND ACT
WHEREAS, The City of Fontana owns a parcel of land (Assessor’s Parcel Number 0230- 051-03-0000) (“Parcel”) that is no longer necessary for the City’s use and should be declared as surplus property suitable for disposition; and
WHEREAS, under the California Surplus Land Act (“SLA”), Government Code Section 54220-54233, surplus property is defined as land owned by any local agency that is no longer necessary for the agency’s use; and
WHEREAS, effective January 1, 2020, the SLA was amended to require all local agencies to formally declare agency-owned properties as “surplus land” prior to taking action to dispose of such properties and to issue a “Notice of Availability” (NOA) to certain entities statutorily entitled to notice; and
WHEREAS, the declaration of surplus land must be made by the local agency’s legislative body at a regular open meeting supported by written findings; and WHEREAS, the City Council has made findings that the Parcel is no longer necessary for the City’s use; and
WHEREAS, the City intends to follow the provisions of the SLA in the disposition of the Parcels and prioritize affordable housing in the disposition of such land to the extent required by law; and
WHEREAS, this declaration of surplus land does not obligate the City to subsequently dispose of the Parcels and is not an action that results in a binding commitment by the City to move forward with the disposition of the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:
Resolution No. 2023-___
September 12, 2023
512
SECTION 1. The City Council finds and declares that the City-owned Parcel (Assessor’s Parcel Number 0230-051-03-0000) is surplus and no longer necessary for the City’s use, in accordance with the California Surplus Land Act (Government Code Section 54220 et seq.). The City Council bases this declaration on the following findings:
The City currently owns the property LOCATED ON Foothill Boulevard, east of Almond Avenue.
The property is vacant.
The Parcel is located on Foothill Boulevard, an area that is currently the subject of substantial new and re-development.
Under-utilization, maintenance and other potential liability issues makes it cost prohibitive to retain ownership of the Parcel.
City ownership, management, and maintenance of the Parcel will prevent it from being developed into its highest and best use.
SECTION 2. The City Council finds and determines, after independent review and consideration, that the action of declaration of surplus land does not result in a binding commitment by the City to authorize or advance the disposition of the Parcel; will not result in a direct or indirect physical change in the environment; and does not constitute an approval of a project pursuant to CEQA Guidelines Sections 15004 and 15352.
SECTION 3. The City Council approves the form of Notice of Availability attached hereto as Exhibit A and authorizes the City Manager or his designee(s) to take all actions necessary to comply with the SLA, including but not limited to issuing the Notice of Availability for the Parcel to all entities statutorily entitled to receive such notice.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 28th day of March 2023.
CITY OF FONTANA:
______________________________
Acquanetta Warren
Mayor
Resolution No. 2023-___
September 12, 2023
513
APPROVED AS TO FORM:
________________________________
Ruben Duran
City Attorney
ATTEST:
______________________________
Germaine Key
City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Fontana at a regular meeting thereof held on March 28, 2023, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk
Resolution No. 2023-___
September 12, 2023
514
[City Letterhead]
Wednesday, September 13, 2023
To All Interested Parties:
RE: Notice of Availability/Offer to Sell Surplus Property As required by the Surplus Land Act (Government Code Section 54220 et seq.) (the “Act”) of the State of California, the CITY OF FONTANA (the “City”) is providing notification that the City intends to sell or lease the surplus property listed in the accompanying table.
APN ADDRESS SIZE
(approx.)
ZONING GENERAL PLAN
DESIGNATION
CURRENT USE
0230-051-03 14355 Foothill Blvd 15,300 SF FBC WMXU-1 Vacant Land The City of Fontana acquired this parcel of land as part of the Foothill Boulevard widening project. APN 0230-051-03 is a vacant parcel consisting of approximately 20,300 square feet. The city envisions development of the property into a use consistent with the current Form Based Code Zoning.
Located on Foothill Boulevard, east of Almond Avenue, the property’s land encompasses approximately 20,300 square feet. The property is located within the Route 66 Gateway District of the Form Based Code with vacant land to the east and west of the subject parcel.
In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring any or all of the above properties. However, this offer shall not obligate the City to sell the property to you. Instead, if your notice of interest is compliant with the Act, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no notices of interest are received during the 60-day period or no agreement is reached on sales price and terms, or lease terms, with a submitter of a qualifying notice of interest, the City may market the property to the general public. 515
As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.
In the event your agency or company is interested in purchasing or leasing the properties, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail.
Notice of your interest in acquiring any of these properties should be delivered to:
City of Fontana
Matt Ballantyne
City Manager
8353 Sierra Avenue
Fontana, CA 92335
Please direct any/all questions regarding this Notice and/or Letters of Interest to Phillip Burum - at [email protected] or by calling 909-350- 6727.
Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220- 54234).
516
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2452 Agenda Date: 9/12/2023
Agenda #: Z. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Award a Contract for the interior renovation for Stage RED RECOMMENDATION:
1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the renovation of Stage RED (Bid No. DE-24-25-SB) in an amount not to exceed $825,000.
2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the renovation of Stage RED.
COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
DISCUSSION:
The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Avenue to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West.
A primary component of this revitalization effort will be creating an entertainment district as a draw for consumers to enjoy as they discover the new downtown area. Stage Red is the keystone to the creation of this new entertainment district for the city.
Specifications for the renovation and reconstruction have been developed in direct consultation with Mr. Hagar and his design development team. Notwithstanding the fact that bids have not yet been completed and reviewed, staff is asking for approval of execution of this contract by the City Manager only if the amount contracted is equal to, or less than the current budget of $825,000 for the same scope of services.
FISCAL IMPACT:
The cost associated with the approval of this item will not exceed $825,000 and is included in the FY City of Fontana Page 1 of 2 Printed on 9/7/2023
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File #: 21-2452 Agenda Date: 9/12/2023
Agenda #: Z. Category: Consent Calendar
The cost associated with the approval of this item will not exceed $825,000 and is included in the FY 2023/24 budget. Costs will be funded by Fund 601 - Capital Reinvestment, project # 37300002 - Center Stage Theater Renovation.
MOTION:
Approve staff recommendation.
ATTACHMENT:
Notice Inviting Sealed Bids
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STAGE RED INTERIOR REMODEL
8463 Sierra Avenue Fontana, CA 92335
DE-24-25-SB
SUBMISSION DEADLINE:
SEPTEMBER 18, 2023
2:00 PM
BID MUST BE SUBMITTED ELECTRONICALLY
Hard Copies will NOT be accepted as a viable bid.
519
TABLE OF CONTENTS
DE-24-25-SB
ITEM PAGE
i
NOTICE INVITING SEALED BIDS 1
INSTRUCTIONS TO BIDDERS 2
➢ Availability of Contract Documents
➢ Examination of Contract Documents
➢ Interpretation of Contract Documents
➢ Inspection of Site; Pre-Bid Conference and Site Walk
➢ Addenda
➢ Completion of Bid Forms
➢ Modification of Bids
➢ Designation of Subcontractors (Entered Online)
➢ Licensing Requirements
➢ Signing of Bids
➢ Submission of Sealed Bids (Electronic Bid Only)
➢ Delivery and Opening of Bids
➢ Withdrawal of Bid
➢ Basis of Award; Balanced Bids
➢ Disqualification of Bidders; Interest In More Than One Bid ➢ Insurance Requirements
➢ Award Process
➢ Filing of Bid Protests
➢ Workers Compensation
➢ Substitution of Security
➢ Prevailing Wages
➢ Debarment of Contractors and Subcontractors
➢ Performance Bond and Payment (Labor and Materials) Bond Requirements
➢ Sales and Other Applicable Taxes, Permits, Licenses and Fees ➢ Iran Contracting Act of 2010
➢ Execution of Contract
BID FORMS 9
➢ Information Required of Bidders (Submit Online)
➢ Bid Form (Submit Online)
➢ Contractor’s Certificate Regarding Workers’ Compensation (Submit Online)
➢ Non-Collusion Declaration (Submit Online)
➢ Payment Bond (Labor and Materials), If Bid Amount is Over $25,000 520
TABLE OF CONTENTS
DE-24-25-SB
ITEM PAGE
ii
CONTRACT 15
➢ Article 1. Scope of Work
➢ Article 2. Time for Completion
➢ Article 3. Contract Price
➢ Article 4. Payments
➢ Article 5. Payments Withheld and Backcharges
➢ Article 6. Changes and Extra Work
➢ Article 7. Liquidated Damages
➢ Article 8. Component Parts of The Contract
➢ Article 9. Provisions Required By Law
➢ Article 10. Indemnification
➢ Article 11. Prevailing Wages
➢ EXHIBIT “A” – Change Order Form
GENERAL CONDITIONS 28
Article 1.- Definitions
Article 2. - Contract Documents
Article 3. - Detail Drawings And Instructions
Article 4. – Substitutions
Article 5. – Materials
Article 6. - Contractor’s Supervision
Article 7. – Workers
Article 8. – Subcontractors
Article 9. - Permits And Licenses
Article 10. - Diversion of Recyclable Waste Materials
Article 11. - Removal of Hazardous Materials
Article 12. - Sanitary Facilities
Article 13. - Air Pollution Control
Article 14. - Fire Protection
Article 15. - Cleaning Up
Article 16. - Excessive Noise
Article 17. - Protection Of Work And Property
Article 18. - Contractors Means And Methods
Article 19. - Authorized Representatives
Article 20. - Hours of Work
Article 21. - Prevailing Rates of Wages
Article 22. - Non-discrimination/Equal Employment Opportunity Article 23. - Labor/Employment Safety
Article 24. - Workers’ Compensation Insurance
521
TABLE OF CONTENTS
DE-24-25-SB
ITEM PAGE
iii
Article 25. - Employer’s Liability Insurance
Article 26. - Commercial General Liability Insurance
Article 27. - Automobile Liability Insurance
Article 28. - Form And Proof of Carriage Of Insurance
Article 29. - Time For Completion And Liquidated Damages Article 30. - Cost Breakdown And Periodic Estimates
Article 31. - City’s Right To Terminate Contract
Article 32. - Warranty And Guarantee
Article 33. - Notice And Service Thereof
Article 34. – Integration
OTHER DOCUMENTS
STAGE RED CONSTRUCTION PLANS (BID PLAN SET) Attachment
STAGE RED CONSTRUCTION CALC SET (BID PLAN SET) Attachment FURNISHINGS AND FINISHES LISTS Attachment
522
1 CITY OF FONTANA
NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids will be received only by submitting electronically atww.fontanapurchasing.org, for STAGE RED Interior Remodel DE-24-25-SB no later than SEPTEMBER 18, 2023, 2:00 PM, at which time or thereafter said Bids will be electronically opened and available online. Bids received after this time will not be able to submit electronically. Bids shall be valid for 90 calendar days after the Bid opening date.
DESCRIPTION OF WORK:
The work is described as follows: Demolition, construction of two new Balconies, three New Bars, New Raised Platform, and New Walls, Ceilings, Installation of new Lighting, Flooring, Foodservice Equipment, Audio/Visual Equipment, and Finishes, including allNew Structural, Mechanical, Plumbing & Electrical scope. All improvements noted, as identified on the attached construction plans, dated 8.01.23 consisting of 113 pages, prepared by Ideation Group, Inc (“Construction Plans”). Contractor shall be responsible for demolition, construction, and installation of all improvements specifically identified on or implied by Construction Plans, unless specifically noted on the Construction Plans to be performed by others. The City is contracting a company/consultant to provide the furnishings, furniture and lighting required for Stage RED. Please review plans to identify what is the contractor’s responsibility. Refer to attachments for information on the furnishings, fixtures and finishes that will be provided.
Bid must be submitted electronically for the exact item(s) requested in the bid specifications. Copies of plans, specifications, and contract documents are available from the City’s Purchasing website www.fontanapurchasing.org.
An OPTIONAL Pre-Bid jobsite walk will be held at 8463 Sierra Avenue, Fontana, CA on September 31, 2023 PROMPTLY at 1:00 PM. The walk will start at 1:00 PM, beginning with a brief presentation, then will continue with a site walk until 4:00 pm.
Each Bid submitted electronically shall be accompanied by the bid forms, non-collusion declaration, and all additional documentation required by the Instructions to Bidders. The successful Bidder will be required to furnish the City with a Payment (Labor and Materials) Bond equal to 100% of the successful Bid, prior to execution of the Contract. The bond we need to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. The cost of said bonds shall be included in the Bid amount. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.
Each Bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work Bid upon, and must maintain the license(s) throughout the duration of the Contract. At the time of submitting a bid, the prime contractor and subcontractor shall possess a Class "B" contractor’s license or a Class “C” specialty license sufficient to perform the work.
Pursuant to Public Contract Code Section 3400(b), if the City should make findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.
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2 The City shall award the Contract for the Project to the lowest responsive, responsible Bidder on the basis of the base Bid alone by the City. The City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the Bidding process. 524
INSTRUCTIONS TO BIDDERS
3 INSTRUCTIONS TO BIDDERS
1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Contract Documents may be obtained from the Purchasing website www.fontanapurchasing.org.
2. EXAMINATION OF CONTRACT DOCUMENTS
Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the Bidding period, and for informing itself with respect to local labor availability, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction by using the online bid system at www.fontanapurchasing.org, NO LATER THAN 7 Days prior to the bid closing date.
Any interpretation of the Contract Documents will be made only by Addenda duly issued electronically to each person registered on the prospective bidder’s list. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder should rely on any such oral interpretation.
Bids shall include complete compensation for all items that are noted in the Contract Documents and are the responsibility of the Contractor.
4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective Bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date.
Revisions, if any, shall be made by Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name and email address to which Addenda may be sent, as well as a telephone number by which 525
INSTRUCTIONS TO BIDDERS
4 the City can contact the Bidder. Copies of Addenda will be available on the City’s Purchasing website www.fontanapurchasing.org. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the City’s Purchasing website www.fontanapurchasing.org to verify that he has received all Addenda issued, if any, prior to the Bid opening.
6. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, ELECTRONICALLY OR TYPED IS REQUIRED. Deviations in the Bid form may result in the Bid being deemed non-responsive.
7. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection.
Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic Bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
8. DESIGNATION OF SUBCONTRACTORS (Entered Online)
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each Bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Amount. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Amount or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Amount or $10,000, whichever is greater if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
9. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any Bid 526
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5 submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.
10. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
11. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be submitted electronically.
Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their Bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids.
12. DELIVERY AND OPENING OF BIDS
Bids are to be submitted electronically. Electronic Bid System will close exactly at the time set forth in the Notice Inviting Bid. All applicable forms required to be completed per the bid documents, shall be submitted electronically prior to the due date and time. Hard copies will not be accepted as a viable bid. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.
Bids will be available at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be available online and recorded. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Amount and the numerical amount of the Bid Amount, the written amount shall govern.
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INSTRUCTIONS TO BIDDERS
6 13. WITHDRAWAL OF BID
Prior to Bid opening, a Bid may be withdrawn by the Bidder only by using the City’s electronic bidding system.
14. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflects the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular Bid items.
15. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No Bidder shall be allowed to make, submit or be interested in more than one Bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other Bidders submitting a Bid to the City. No person, firm, corporation, or other entity may submit subproposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.
16. INSURANCE REQUIREMENTS
The successful Bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.
17. AWARD PROCESS
Once all Bids are electronically opened and reviewed to determine the lowest responsive and responsible Bidder, the City will award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Payment (Labor and Materials) Bond; and (2) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification letter to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.
18. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City’s Purchasing Officer. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the Bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
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INSTRUCTIONS TO BIDDERS
7 D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
If the protest is valid, the City’s Purchasing Officer, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Officer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Manager.
19. WORKERS COMPENSATION
Each Bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.
20. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
21. PREVAILING WAGES
This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is also available online at http://www.dir.ca.gov/dlsr/.
Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.
22. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code and the Federal “Excluded Parties List System”. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
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INSTRUCTIONS TO BIDDERS
8 23. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND
REQUIREMENTS
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond, each in an amount equal to one hundred percent (100%) of the Total Bid Amount and in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City.
24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.
25. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
26. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.
END OF INSTRUCTIONS TO BIDDERS
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SUBMIT ONLINE
INFORMATION REQUIRED OF BIDDER
9 INFORMATION REQUIRED OF BIDDER
A. INFORMATION ABOUT BIDDER
BIDDER certifies that the following information is true and correct:
Bidder's Name:
Business Address:
Telephone: Fax:
Email Address:
State Contractor's License No. and Class:
Original Date Issued: Expiration Date:
DIR No.: Expiration Date:
What type of work does the Bidder normally perform with its own forces? __________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ Name of Bonding Company and Name and Address of Agent:
_________________________________________________________ _________________________________________________________ 531
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BID FORM
10 BID FORM
TOTAL BID AMOUNT (BASED ON PLANS): The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.
NO. ITEM DESCRIPTION
UNIT OF
MEASURE QTY.
1. The contractor shall
construct the proposed
project in accordance with
the plans and specifications.
LS 1
$
Total Bid Amount in Numbers
Total Bid Amount in Written Form
Number of Days to Complete the Project (70 Working Days) The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
1. Upload the Bid Form.
2. Upload the Information Required of Bidder Form.
3. Upload the fully executed Non-Collusion Declaration Form.
4. Upload the completed Contractor’s Certificate Regarding Workers’ Compensation Form.
5. List Subcontractors online.
I hereby certify under penalty of perjury under the laws of the State of California, which all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
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SUBMIT ONLINE
CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
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CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require 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.
Name of Bidder
Signature
Name and Title
Dated
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SUBMIT ONLINE
NON-COLLUSION DECLARATION
12 NON-COLLUSION DECLARATION
The undersigned declares:
I am the ______________________________ of _________________________ ___________________________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________[date], at ___________________________________[city], _____[state].
__________________________________
(Signature)
__________________________________
(Print Name)
__________________________________
(Title)
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PAYMENT BOND (LABOR AND MATERIALS)
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PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Fontana (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, 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 the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties 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 attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
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 535
PAYMENT BOND (LABOR AND MATERIALS)
14 SDPUB\SAKINS\347250.2
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 City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, 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.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation)
Principal (Property Name of Contractor)
By:
(Signature of Contractor)
(Seal of Surety)
Surety
By:
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
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PAYMENT BOND (LABOR AND MATERIALS)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss.
County of __________________________ }
On before me,
personally appeared
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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.
Place Notary Seal Above Signature of Notary Public
_______________________________________________________ OPTIONAL _____________________________________________________________ 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 of Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
Individual Individual
Corporate Officer Title(s): Corporate Officer Title(s):
Partner - Limited General Partner - Limited General Attorney in Fact Right Thumbprint of Signer
Top of thumb here
Attorney in Fact Right Thumbprint of Signer
Trustee Trustee Top of thumb here
Guardian or Conservator Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
.
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CONTRACT
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CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of San Bernardino, State of California, by and between the City of Fontana, hereinafter called City, and ______________________________, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
STAGE RED INTERIOR REMODEL, DE-24-25-SB
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
2.1 The Work shall be commenced on the date stated in the City’s Notice to Proceed.
The Contractor shall complete all Work required by the Contract Documents within seventy (70) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
Contract shall use the City’s general Project performance schedule shown below as a reference point when developing their project schedule:
• Bid opening date of September 18.
• Notice to Proceed (NTP) issued by September 28th.
o Contract will go to City Council for award in September. • Construction begins on or before October 15th.
• Construction completion on or before January 20th.
2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Agreement, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project.
2.3 The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing 538
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information for the scheduling of the times and sequence of operations required for its Work (“Contractor Schedule”) to meet City’s overall master project schedule requirements (“Master Schedule”). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the City within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the City for approval within five (5) calendar days of such notice.
2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise) or any damages or additional costs or expenses for which the City or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City or the consultants retained by the City for the Project,, for and indemnify them against all such costs, expenses, damages and liability.
2.5 The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Agreement or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers' compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor.
2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Agreement upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor. 539
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ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
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ARTICLE 4. PAYMENTS
4.1 The City shall make progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.
4.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
4.3 Unless otherwise required by law, the final payment of ten percent (10%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
4.6 The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.
ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor. 541
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g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.
ARTICLE 6. CHANGES AND EXTRA WORK
6.1 The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit “A,” and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
6.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor.
Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days.
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6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City.
6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
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(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost. iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.
v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein.
6.9 For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.
6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
6.11 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity 544
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of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.
6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
6.14 No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
6.15 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.
ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Contract
Payment (Labor and Materials) Bond
General Conditions
California Building Codes as defined in the General Conditions Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract 545
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The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 9. PROVISIONS REQUIRED BY LAW. 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 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 California Public Contract Code which are applicable to this Project.
ARTICLE 10. INDEMNIFICATION.
10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City and their respective officials, officers, agents, employees, and representatives (“indemnitees”) from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death) arising out of or resulting from the performance of the Work or this Agreement (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor’s own cost, expense and risk, with legal counsel of indemnitee’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City and their respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and their respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and their respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
10.2 Nothing contained in the preceding section shall be deemed to obligate the Contractor to indemnify the City or any of the other indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence 546
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or other obligation to the City or the other indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor’s obligations under all of the terms and provisions of the preceding section shall remain in full force and effect.
10.3 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any indemnitee, by legal proceeding or agreement.
10.4 In furtherance to, but not in limitation of the indemnity provisions in this Agreement, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Agreement shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers’ compensation laws.
ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available online at http//www.dir.ca.gov/dlsr and which must be posted at the job site.
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IN WITNESS WHEREOF, this Contract has been duly executed by the abovenamed parties, on the day and year above written.
CITY OF FONTANA
By:
City Manager
[INSERT CONTRACTOR'S NAME]
By:
[INSERT NAME]
[INSERT TITLE]
Attest:
By:
City Clerk
Attest: 1
By:
[INSERT NAME]
[INSERT TITLE]
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: _____________________________
Department Head
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: _____________________________
Director of Human Resources/
Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
Chief Financial Officer
Purchasing Office
1 Attestation of Contractor’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Contractor’s business entity. 548
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EXHIBIT “A” CHANGE ORDER FORM
TRACKING INFORMATION
Bid/Contract Number: Change Order Number:
Project Description:
Contractor: PO Number:
For Housing Authority Only
Property Address:
Owner Name:
CONTRACT INFORMATION
Original Contract Amount Original Completion Time
$
Cumulative Contract Amount Cumulative Completion Time
$
Current Change Amount (+/-): Current Days (+/-)
$
New Contract Amount New Completion Time
$
Total % Over Contract:
INITIATING PARTY (Party responsible for initiating the change order request) City Initiated Contractor Initiated
Change in Scope Unforeseen Conditions Balancing
549
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CONTRACT CHANGE ORDER FORM
REASON(S) FOR THE CHANGE ORDER
ADJUSTMENT JUSTIFICATION: Attach complete itemized cost breakdown of all labor and material showing actual quantities, hours, unit prices, wage rates, required for the change, and the effect upon the time for performance of the work of such change order. Contractor’s form may be attached) Detailed Justification (Required):
Execution of this change order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
Contractor: ___________________________________ Date: ____________ CITY OF FONTANA:
Project Manager: ______________________________ Date: ____________ Engineering Manager: __________________________ Date: ____________ Department Head: _____________________________ Date: ____________ (Required $25,000 and less)
Deputy City Manager: __________________________ Date: ____________ (Required $50,000 and less)
City Manager: ________________________________ Date: ____________ (Required Over $50,000)
Review of Analysis:
Purchasing Office: ____________________________ Date: ____________ Finance Department: ___________________________ Date: ____________ 550
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GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by the City.
d. California Building Codes shall mean the following, as such may be modified by the City of Fontana Municipal Code:
2022 California Building Code
2022 California Electrical Code
2022 California Plumbing Code
2022 California Mechanical Code
e. Contract Documents includes all documents as stated in the Contract. f. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
g. Day shall mean calendar day unless otherwise specifically designated. h. Engineer shall mean the General Manager, or his or her designee, for the City of Fontana, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. i. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
j. Force Majeure shall mean (i) riots, civil disturbances, insurrection or acts of public enemy, but only occurring at or in the immediate vicinity of the Site or if directly disrupting or delaying the supply chain of materials to the Project; (ii) war if declared by the United States Congress but only if directly disrupting or delaying the supply chain of labor or materials to the Project; (iii) a court administrative or other governmental order directing that the construction of the Project be stopped (except where due to failure to obtain or comply with any authorizations of governmental authorities; (iv) strikes or labor disputes, but only if directly disrupting or delaying the supply chain of labor or materials to the Project and only if not precipitated by Contractor's or a Subcontractor's actual violation of the Union Requirement; (v) casualty at the Site resulting in direct physical damage to the Work not the result, in whole or in part, of the actions or omissions of Contractor or Subcontractors; (vi) acts of terrorism directed at 551
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the Project or resulting in direct physical damage to the Project or directly disrupting or delaying the supply chain of labor or materials to the Project; (vii) Delays caused, other than by Contractor's negligence or breach of the Contract Documents, by conflicts in the coordination of Contractor's Work with the work of other contractors; (viii) delay in the issuance of permits or approvals by governmental authorities to the extent caused solely by circumstances within the control and responsibility of City; or (viii) Acts of God. k. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.
l. Install means the complete installation of any item, equipment or material. m. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise. n. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
o. Project is The Work planned by City as provided in the Contract Documents. p. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
q. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. r. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. The Work shall be done in accordance with the California Building Codes, as defined herein, including all current supplements, Addenda, and revisions thereof which are incorporated herein. In any conflict the contract documents will be interpreted as set forth below. s. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
t. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall 552
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promptly notify the Purchasing in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders or Work Change Directives
2. Addenda
3. Contract
4. General Conditions
5. Instructions to Bidders
6. Notice Inviting Bids
7. Contractor’s Bid Forms
8. California Building Codes
9. Reference Documents
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the more stringent requirement and higher standard shall always apply.
d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work within a reasonable time from the receipt of such notification. 553
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c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 4. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for Bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. 554
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e. The Contractor shall be responsible for and shall, therefore, bear all costs related to a substituted “or equal” material, process or article for those substitution requests submitted to the Engineer following Contract award if the timelines set forth herein permit the submission of substitution requests after Contract award. Such substitution request costs may include City staff time, independent consultants, any tests or inspections made necessary by the substitution request, in the sole discretion of the City, and the increased cost, if any, of the proposed “or equal” material. If the timeline set forth herein, permits a substitution request to be made prior to Contract award, the City, in its sole discretion, may require the Bidder to submit a deposit or payment for the estimated reasonable costs which may be incurred by the City staff and independent consultants in evaluating the substitution request, as a condition of reviewing the substitution request.
f. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
ARTICLE 5. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.
ARTICLE 6. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by the City. Superintendent must be able to proficiently speak, read and write in English. Any change in Project Superintendent must be approved in writing by the City prior to personnel being changed. Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 7. WORKERS
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a. Contractor shall at all times enforce strict discipline and good order among its employees.
Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.
ARTICLE 8. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. b. The City reserves the right to Approve all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 9. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City. b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.
ARTICLE 10. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
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ARTICLE 11. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
ARTICLE 12. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.
ARTICLE 13. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.
All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.
ARTICLE 14. FIRE PROTECTION
a. Contractor is responsible for providing and maintaining fire extinguishers, fire protection, fire watch and other necessary fire protection devices as may be required by the applicable regulatory agencies, the Contract Documents, and/or the City. b. Contractor shall provide fire watch and be responsible for all fire prevention in connection with The Work. Open fires will not be permitted on or about the Project site. c. The Contractor shall make chemical fire extinguishers available at the location where the Contractor performs any torch cutting or welding operations. Contractor shall provide the Engineer with notice prior to undertaking any torch cutting and welding operations. Contractor, if performing cutting or welding operations, shall undertake all appropriate safety measures including but not limited to a fire watch, fire extinguishers, fire blankets and shall be responsible for any damage caused by its operations.
ARTICLE 15. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior 557
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of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up those areas of the Site where it has been working at the completion of the Work. If the Contractor fails to immediately clean up as required, the City may do so and the cost of such clean up shall be charged back to the Contractor. c. Contractor is responsible for its own bulk trash (e.g., boxes, crates, lumber, etc.) removal from the Project Site. Contractor is responsible for the cost of dumpsters generated by its own rubbish and surplus material. The placement of Contractor’s dumpster(s) shall be coordinated with, and subject to approval of, the Engineer prior to delivery. The disposal of construction debris within the Project Site will not be permitted. d. Contractor shall store volatile or hazardous waste materials in properly labeled, covered containers and remove from the Project Site daily. Contractor shall also prevent accumulation of wastes that create hazardous conditions and provide adequate ventilation during use of volatile or noxious substances. e. Contractor shall provide cleaning materials only as recommended by manufacturer of the surface to be cleaned and shall use cleaning materials only on surfaces as recommended by cleaning material manufacturer and in accordance with instructions. f. Contractor shall conduct cleaning and disposal operations in accordance with all applicable legal requirements and shall not burn or bury rubbish and waste materials on the Project Site. Contractor shall not dispose of any wastes including mineral spirits, oil, paint, drywall mud, paint thinners, or grout in storm or sanitary drains. g. Contractor shall be responsible for cleaning up during and after installation of its materials and shall leave areas broom clean or better. Contractor’s Work, lunch, and parking areas will be left neat and in an orderly manner on a daily basis. After every work shift, facilities must be cleaned in a manner acceptable to the Engineer. h. Contractor shall, within twenty-four (24) hours from the request of the Engineer, remove excess debris from the Work and/or Project site or Engineer shall undertake such removal work at the expense of the Contractor.
ARTICLE 16. EXCESSIVE NOISE
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a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.
ARTICLE 17. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occurs as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid 559
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damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.
These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. e. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or 560
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photography, to adequately memorialize and make a record of what transpired.
The City shall be entitled to inspect and copy any such documentation, video, or photographs.
ARTICLE 18. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.
ARTICLE 19. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.
The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
ARTICLE 20. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
ARTICLE 21. PREVAILING RATES OF WAGES
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This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.
This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk’s office, and is also available online at http://www.dir.ca.gov/dlsr/.
At the time of submitting a bid, the prime contractor and subcontractor shall possess a Class "B" contractor’s license or a Class “C” specialty license sufficient to perform the work.
ARTICLE 22. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.
ARTICLE 23. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
ARTICLE 24. WORKERS’ COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. 562
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ARTICLE 25. EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
ARTICLE 26. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these 563
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General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
ARTICLE 27. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 30 below.
ARTICLE 28. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or selfinsured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The City, its Director’s and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and 564
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the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement until the City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or selfinsured retentions or self-insured programs shall not be construed as contributory. d. The City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-contractors working under this Contract.
ARTICLE 29. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages.
Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only 565
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be granted when the Work stopped during inclement weather is on the critical path of the Contractor Schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 30. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A itemized estimate of Work done for the purpose of making progress payments.
In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Project Manager, for unit price items listed, if any, in the Bid Form.
d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
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Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
ARTICLE 31. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor:
(i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.
The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site.
b. Termination For Convenience: The City may terminate performance of The Work in whole or, in part, if the City determines that a termination is in the City's interest.
The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.
After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
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4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.
ARTICLE 32. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year. c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the county shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense. 568
Section 3 Clause
Federal Contract Provision
24 CFR Part 135
-47-
f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.
This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
ARTICLE 33. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.
Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 34. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contract.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2453 Agenda Date: 9/12/2023
Agenda #: AA. Category: Consent Calendar
FROM:
Building & Safety
SUBJECT:
Award of Contracts for Plan Review and Inspection Services For The Building & Safety Department.
RECOMMENDATION:
1. Award bid (BS-24-05-SP) and authorize the City Manager to execute a contract with the top five rated Plan Check/Inspection Consultants for the period of five (5) years.
2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for Plan Check/Inspection Services.
COUNCIL GOALS:
· Promote economic development by establishing a quick, consistent development process DISCUSSION:
The City of Fontana continues to grow and expand through the development of housing, industrial and commercial properties. In order to maintain the City’s commitment to excellent customer service, timely plan reviews and next day inspection services, there are times when services from an outside consultant are necessary.
Purchasing Division solicited proposals from 821 vendors for Plan Review and Inspection Services and received proposals from 15 consultants. The proposals were evaluated based upon the ability of the consultant to provide timely and acceptable development services in accordance with the City's specifications as provided in the request for proposals. The top five rated proposals are from the following consultants:
· 4 Leaf Inc
· Willdan
· BPR Consulting
· Interwest Consulting
· Bureau Veritas
The contracted plan review and inspection services will only be utilized as required, on an asCity of Fontana Page 1 of 2 Printed on 9/7/2023 powered by Legistar™570
File #: 21-2453 Agenda Date: 9/12/2023
Agenda #: AA. Category: Consent Calendar
The contracted plan review and inspection services will only be utilized as required, on an asneeded basis, to prevent an unacceptable backlog and keep the permit and inspection processes moving smoothly at the sole discretion of the City.
FISCAL IMPACT:
The Fiscal Impact associated with the approval of this item is $315,000 per year, which is included in the FY 23/24 & 24/25 budgets.
MOTION: Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 9/7/2023
powered by Legistar™571
Firms Score
1 4 Leaf Inc 93%
2 Willdan 90%
3 BPR Consulting 84%
4 Interwest Consulting 82%
5 Bureau Veritas 81%
6 JAS Pacific 79%
7 CSG Consultants 74%
8 RKA Consulting 66%
9 TRB & Associates 66%
10 J Lee Consulting 64%
11 West Coast Code 63%
12 Builders Protection Group 63%
13 Transtech 61%
14 MDEP 43%
Plan Review & Inspection Services
BS-24-05-SP
Evaluation Summary
572
PROPOSAL TO PROVIDE
PLAN REVIEW AND
INSPECTION
SERVICES
CITY OF FONTANA
AUGUST 17, 2023
4LEAF, INC.
424 E. VANDERBILT WAY, SUITE A
SAN BERNARDINO, CA 92408
(909) 453-6582
TO THE
573
TABLE OF CONTENTS
1 - 15 A. INTRODUCTION
48 D. REFERENCES
25 - 47 C. PERSONNEL
49 E. AUTHORIZATION
50 F. INSURANCE
PAGE SECTION
4LEAF, INC.
16 - 24 B. QUALIFICATIONS
51 - 52 G. PROFESSIONAL FEE
574
PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION A
INTRODUCTION
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
575
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 1 Section A: Introduction August 17, 2023
SECTION A: INTRODUCTION
City of Fontana August 17, 2023
Purchasing Office
8353 Sierra Ave.
Fontana, CA 92335
Attn: Steve McGuffey
RE: Proposal to Provide Plan Review and Inspection Services to the City of Fontana.
Dear Mr. McGuffey,
4LEAF, Inc. (4LEAF), a California “C” Corporation, is pleased to present our proposal to provide Plan Review and Inspection Services to the City of Fontana (City). 4LEAF has been providing these services to approximately 400 clients throughout the country for more than 22 years and is looking forward to the opportunity of providing services to the City.
Office Locations
We work with many local municipalities providing the requested services and have a regional office in the City of San Bernardino with the local personnel available to service the City’s project and staffing needs. Additionally, we are providing services to many agencies throughout Southern California and the United States from each of our regional offices; 4LEAF values providing localized and uniquely adjusted services to each of our clients.
San Bernardino
424 E. Vanderbilt Way, Suite A
San Bernardino, CA 92408
Pleasanton (Headquarters)
2126 Rheem Drive
Pleasanton, CA 94588
Washington
1201 Pacific Avenue, Suite 600
Tacoma, WA 98402
Newport Beach
5140 Birch Street, 2nd Floor
Newport Beach, CA 92660
Sacramento
8896 North Winding Way
Fair Oaks, CA 95628
4LEAF Consulting, LLC
125 E. Reno Ave., Suite 3
Las Vegas, NV 89119
San Diego
402 West Broadway, Suite 400
San Diego, CA 92101
Santa Cruz
701 Ocean Street
Santa Cruz, CA 95060
New England
132 Central St. Suite 210
Foxboro, MA
Full-Service Firm
As a full-service firm, 4LEAF can provide departmental services to aid with high project workloads that require additional staff assistance. We provide jurisdictions with Plan Review, Inspection, and more. 4LEAF has the qualified staff available to serve the City with remote, on-site, part-time, or full-time project needs:
o Plan Review: 4LEAF is an industry leader in Plan Review services and has a team of Structural Engineers, Accessibility Specialists, and Mechanical/Electrical/Plumbing/Fire Plans Examiners. We provide courier services that guarantee less than 24-hour pickup and delivery of all plan reviews performed off-site, and we also offer electronic and expedited plan review services upon request. o Inspection: We have over 200 inspectors on staff who specialize in Residential, Commercial, Industrial, Energy, Fire, ADA, Solar, and Public Works projects. We have a track record of providing 576
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 2 Section A: Introduction August 17, 2023
inspectors as-needed for long- or short-term projects, including one day assignments to cover staff training, sick days, vacation days, or spikes in permit activity. o Code Enforcement: 4LEAF staff have the experience working with property owners and other responsible parties to bring properties and conditions into compliance. Our Code Enforcement team is skilled in using processes including issuing administrative citations to establish whether violations of law exist on a property and ensuring compliance.
Project Team
As your consultant, we understand that our role is to be an advocate on behalf of the City of Fontana and represent the City’s best interests. 4LEAF’s team will function as an extension of City staff, seamlessly integrating with the personnel and practices established by the City while adding the perspective and expertise that only 4LEAF can offer. We have carefully selected the optimal team to ensure the City receives the highest quality of services. Each member of our management team has a distinct set of project responsibilities, yet the flexibility to adapt to any of the City’s current or upcoming needs. 4LEAF supporting staff are specifically chosen for their vast experience, diligent work ethic, and ability to meaningfully contribute to project goals. We provide only the most qualified and robust staff available.
Management Team
Marcus Johnson: PM/Director of SoCal Operations
Contractual needs
Peter Lim, CBO: Inspection Services Manager
Inspection staffing
Davison Chanda: Supervising Plan Review Engineer
Plan Review staffing
Support Staff
Chris Garramone: Senior Building Inspector
Steven Raney: CBO, CASp Senior Building Inspector
Steven Martinez: Building Inspector
Jay Shih PE, CBO Plan Review Engineer
Ali Hekmat, SE, PE: Plans Check Engineer
Jerome Hoberg: Architect
Contact
Project Manager/ Director
of SoCal Operations
President 4LEAF
Local Office
Marcus Johnson
Office: (909) 453-6582
Mobile: (925) 785-3315
Email: [email protected]
Kevin J. Duggan
Office: (909) 453-6582
Mobile: (925) 250-7602
Email:[email protected]
424 E. Vanderbilt, Ste. A
San Bernardino, CA 92408
Office: (909) 453-6582
Fax: (925) 462-5958
We appreciate this opportunity to present our qualifications. Should you have any questions, please do not hesitate to reach out using the contact information above.
Respectfully,
Marcus Johnson
Project Manager / Director of Southern California Operations 577
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 3 Section A: Introduction August 17, 2023
Methodology
4LEAF, Inc. (4LEAF) is one of California’s largest providers of Building Department Services. 4LEAF has more than 300 employees, most of which work within our Building Department Services Division. Our proposal is written to outline 4LEAF’s experience and skill providing these services. 4LEAF guarantees:
• Availability for phone calls or meetings to confer with applicant and/or City to review issues. • Consistent, timely turnaround of projects on schedule as agreed upon between consultant and City. • Written certification to City at completion of each review indicating plans are approved and in compliance with all applicable codes, standards, and regulations.
• Experienced certified building inspectors for on-call inspection support to supplement City Staff and to accommodate peak demand, or temporary staff replacement.
PLAN REVIEW SERVICES
4LEAF will provide Plan Review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. We provide these services for project types including Single-Family Dwellings, large MultiFamily Mixed-Use Dwelling Units, Commercial, and Industrial.
Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data; • Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws;
• Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.
On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances. 578
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 4 Section A: Introduction August 17, 2023
QA/AC Review Process
Task 1 – Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City to each track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal.
Task 2 - Complete Submittal Review
Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review.
Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking.
Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the City of Fontana with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.
Task 5 - Quality Control
Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness.
After completion of our quality control review a correction list will be e-mailed to a designated staff member at the City of Fontana or as directed by the City. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.
Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns.
Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City of Fontana processing requirements and return them to the City, along with our letter of completion.
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 5 Section A: Introduction August 17, 2023
Turn-Around Times
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF’s plan review team is widely recognized for quick turn-around times and prompt service. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn-around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services.
Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **MultiFamily< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable *Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.
Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e-mail. 4LEAF prefers to pick-up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail [email protected]. 4LEAF’s EZPlan Review
EZPlan Review is our in-house tracking software that
acts as a communication tool between 4LEAF and
the jurisdictions we work with. The use of EZPlan
makes communication easy. This web portal allows
users visualize project due dates, notes, and status
updates so that projects can be followed from start
to finish. Additionally, 4LEAF provides electronically
stamped and uploaded copies of approved project
plans, a value which saves clients time and
resources. With the use of EZPlan, 4LEAF hopes to
provide a level of ease and transparency during the
off-site plan review process.
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 6 Section A: Introduction August 17, 2023
Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.
Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and City amendments. 4LEAF’s code review methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s predesignated contacts.
Off-Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a “green” and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company-wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process. 4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days.
Additional Technologies
Having served more than 400 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 7 Section A: Introduction August 17, 2023
INSPECTION SERVICES
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work throughout California who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful.
We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre-qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same-day or within one business day—simply call, email, or text our assigned Project Manager for an immediate response. Our on-call database is utilized for all our clients for as-needed requests.
Periodic Inspection Services Available Next Day
4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments.
Part-Time Inspection Services Available Next Day
4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule.
Full-Time Inspection Services Available Next Day
4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Northern California, Southern California, the Central Valley, Central Coast, Sacramento Valley, Peninsula/South Bay, East Bay, and North Bay.
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 8 Section A: Introduction August 17, 2023
Project Specific Inspection Services Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the County of Los Angeles, County of San Mateo, County of San Louis Obispo, etc. These projects are developer funded into a separate account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months). Giovanni
GOFORMZ
4LEAF will implement the GoFormz software for inspection requests. With licenses owned by the City, 4LEAF’s Administration team will prepare inspection requests and inspection results documenting construction activity. In addition, 4LEAF will be able to extract information and provide detailed monthly reports detailing the construction activity. The reports will be detailed to identify contractors, subcontractors, work progress, pictures, and a detailed explanation of the field activities.
GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the Cloud. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data.
The inspector will be able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to the report to show the item inspected. The inspector will also be able to sign the report by hand on the iPad through the mobile signature block and pictures taken from the iPad are stored on the inspection document.
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CODE ENFORCEMENT SERVICES
Our Code Enforcement personnel are certified through the International Code Council, CACEO, and various training programs offered through accredited institutions. In addition, most of our personnel holds a PC832, ICC Property Maintenance and Housing Inspector, and/or CACEO certification. 4LEAF staff have the experience in working with property owners and other responsible parties to bring properties and/or conditions into compliance with applicable bodies of law. Our team will be able to determine when voluntary compliance is not forthcoming from property owners or responsible parties. 4LEAF staff has experience in investigative practices that aid in substantiating the validity of a complaint on a property and in turn addressing verified violations through proper due process noticing. 4LEAF Code Enforcement Officers have experience in writing criminal citations and in working with legal counsel to assist in the successful prosecution of Code Enforcement cases either in criminal or civil court when necessary. We focus on nearly every area of Code Enforcement including, but not limited to, the following categories detailed below.
Blight Enforcement
Our team works to identify and enforce state and local laws pertaining to the maintenance of private property.
Through field contact with tenants and property owners, our team works efficiently in providing guidance to address blighted conditions such as overgrown weeds, trash, debris, and graffiti.
Business License Enforcement
4LEAF is trained to identify businesses that operate without a required business license, making them noncompliant with municipal code requirements.
Classroom Training with CEUs
You can often find members of 4LEAF training nationally for organizations such as the International Code Council (ICC), American Association of Code Enforcement (AACE), California Association of Code Enforcement Officers (CACEO), and other nationally recognized affiliations of these chapters. 4LEAF’s training leads include Cecilia Muela, Pete Roque, Nick Henderson, CBO, and Anthony Mullins. Our instructors are nationally accredited and offer Continuing Education Credits (CEUs).
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 10 Section A: Introduction August 17, 2023
Our trainers currently cover topics such as:
o 10 Most Common Complaints
o Accessible Parking
o ADU Legislation
o Agency Promotion Community Relations
o Banner and Sign Enforcement
o Basic Ethics
o Basic Ethics and Inspections
o Basic Ethics, Authority, and Inspections
o Basic Inspection Protocol
o Basic Report Writing
o Basic Residential Construction
o Blueprint Reading
o Building And Safety Presentation
o Building Blocks for Code Enforcement
Officer Success
o Building Code
o Building Inspections and Code Enforcement
– A Powerful Duo
o Case Documentation
o Case Management from Start to Finish
o Code Enforcement 101
o Code Enforcement Culture
o Courtroom Testimony and Demeanor
o Dealing With Difficult People
o Effective Communications – Bridging the
Gap with External and Internal Customers
o Ensuring Short-Term Rental Reg.
Compliance
o Essentials for Short-Term Rental
Enforcement
o Establishing Code Enforcement Culture
o Ethics
o Hoarding
o Individual Awareness and Preparation
o Inspection Protocol
o Interior Inspections
o Intermediate Communications
o Interview And Interrogation
o Interview And Report Writing
o Investigative Report Writing
o IPMC 2021 or 2018 Exam Prep
o IPMC 2021 Overview
o Landlord Tenant Disputes
o Legal Aspects
o Marketing Your Code Enforcement
o Mobile Vending
o Mold, Lead, Asbestos, & Vectors
Enforcement
o Multi-Agency Task Forces
o Officer Safety – Drug Awareness for the
Code Enforcement Officer
o Officer Safety – Encountering Mental Illness
in the field of Code Enforcement (Self-Care)
o Officer Safety – Field Inspection Protocols
for the Code Enforcement Officer
o Officer Safety – Gang Awareness for the
Code Enforcement Officer
o Officer Safety – Hazardous Building Safety
for the Code Enforcement Officer
o Planning And Zoning Basics
o Property Maintenance
o Public Nuisance Abatement
o Public Outreach Changing Public Perception
o Rental Property
o Report Writing Revised
o Right Of Entry and Inspection Warrants
o RRP Code Enforcement
o Safe And Proper Procedures on Contacts
o Simplifying Your Presentation
o Spanish Communication
o Substandard Housing
o Task Forces
o Teamwork And Task Forces
o Topics
o Vector Control
o Vehicle Abatement
o Vendor Enforcement
o West Nile Virus
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 11 Section A: Introduction August 17, 2023
Community Outreach
4LEAF will review current outreach and engagement initiatives and make appropriate recommendations to the City. Items typically reviewed include:
o Opportunities for involvement in community events
o Creation of pamphlets and marketing material
o Social media engagement
o News media outlets
o Municipal Code Enforcement web page
o Review of frequently asked questions
Department Assessments
4LEAF is working with many Community Development Departments to provide assessments of their code units reviewing closely staffing levels, Standard Operating Procedures (including branding/rebranding, target issues, prioritization of existing Code Enforcement cases, community engagement strategies, written materials such as compliance notices, postings and door hangers, data entry, inspection response time management, and training programs. Additionally, 4LEAF provides in-house assessments and regular meetings with directors and municipal stakeholders for plan implementation and execution.
Hearing Officers
4LEAF has Hearing Officers available for contracted municipalities. Our seasoned officers are trained to understand the existing Municipal Code as well as other adopted codes and make a knowledgeable determination regarding the validity of a violation. Results may include the issuance of fines or granting additional time for compliance for respondents with unusual hardships.
Inspections
4LEAF can provide certified and qualified staff to perform inspections in a lawful manner that respects the reasonable expectations of privacy and security of residents and their properties. Inspections conducted will determine if conditions on the properties are compliant with applicable sections of the current editions of the International Property Maintenance Code (IPMC), Municipal Code, Zoning Code, California Health and Safety Codes, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building, CA Residential Code, CA Building Code, and trade codes. Upon assignment, 4LEAF’s Code Enforcement staff will be ready to respond and provide compliance solutions to code cases, new and existing, with minimal impact to current processes. 4LEAF Code Enforcement Inspectors are qualified to do the following:
o Perform inspections for violations of Building Codes and Ordinances as adopted by the municipality. o Research properties for prior approvals, permits, and general information relating to violations. o Investigate and take necessary action when a violation of municipal codes exists o Consult with the City Council as required, when requested by the Code Enforcement Manager/Director, and when escalated enforcement may be required.
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o Comply with the City’s procedures for reporting inspection results and deficiencies. o Use City inspection correction forms.
o Complete necessary digital entries that capture site inspection results, case status communications and any documentation of notices provided to responsible parties and stakeholders. o Conduct follow-up inspections as needed.
o Notify the responsible parties of other agency approvals prior to closing a Code Enforcement action. o Maintain records as needed for the efficient and effective operation of the City. o Meet with members of the general public and municipal staff on a daily basis as needed.
Lead Abatement
Although lead-based legislation has been around since the 1950s, nationwide regulation was not enforced until 1971 with the introduced of the Lead-Based Paint Poisoning Prevention Act (LBPPPA), which prohibited the use of leadbased paint in residential structures constructed or rehabilitated by the Federal government or with Federal assistance. In 1973, an amendment to the LBPPPA stated that lead-based paint should be removed from pre-1950 housing and structures. Our Code Enforcement team follows the requirements set forth by the State of California to ensure proper lead safe practices are taking place in removal of lead-based paint to protect citizens from exposure.
Additionally, our team participated at the National Healthy Homes Conference in 2022 in Baltimore, MD, where we spoke on the importance of Code Enforcement for Lead Paint Abatement Programs to safeguard communities.
Massage Parlor Enforcement
This scope can often be utilized for undercover stings with partnering agencies for businesses that not only violate criminal laws but also building code violations, licensing requirements, and potential massage parlor ordinances in the City. Early detection is vital in these cases and steps include background checks and other reasonable means of identification and clearances. Our team has championed programs specializing in identifying and mitigating illegal actions in massage parlors.
Parking Enforcement
4LEAF has the capabilities of providing parking enforcement. This includes:
o Enforcement of state and municipal parking regulations. o Removal of abandoned and nuisance vehicles from the public right-of-way. o Issuance of parking citations and review of contested citations.
Policy Review
4LEAF shall review and read current policies and procedures and define policy clearly to set the tone for your municipality’s Code Enforcement Program. A clear policy communicates defined expectations to stakeholders whether it’s how they handle complaints, how Code Enforcement Officers conduct compliance reviews, or any 587
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 13 Section A: Introduction August 17, 2023
other aspect that the municipality needs to have communicated and consistently followed. 4LEAF will develop a well-defined user-friendly format.
Program Analysis
4LEAF understands that Code Enforcement is an essential part of a community’s public health and safety, providing a regulatory mechanism to ensure the public’s overall wellbeing. Addressing the community’s concerns in a timely and efficient manner is paramount to a successful Code Enforcement Program. 4LEAF personnel will perform the following:
o Conduct investigative inspections of unpermitted activities. o Create standard operating procedures, if required.
o Conduct review of all administrative/misdemeanor citations. o Provide guidance for resolution of high case load along commercial corridors. o Assist with complex code enforcement cases.
o Provide guidance for resolution of existing cases.
o Provide in-house and/or field training of traditional Code Enforcement protocols. o Create an outreach plan to address and deter unpermitted vending/commercial corridor violations.
Program Development
4LEAF project managers have the experience in working collaboratively with clients to further develop and enhance their Code Enforcement Program when requested. Our project managers are currently working with local jurisdictions to revise and strengthen Code Enforcement Programs to gain voluntary compliance, provide resident education, and effectively communicate with the public. 4LEAF staff takes an approach in recommending, implementing, and executing program assessments, creation of policies and procedures, creation of training manuals for new hires, providing educational materials for the public, providing staff with up-to-date training, teaching current Code Enforcement staff options for compliance using adopted ordinances, and providing recommendations to cases that may require specialized expertise that may be sensitive in nature. 4LEAF staff also has designated staff tracking recent legislation to ensure the municipality follows state regulations and clients are aware of upcoming legislation that may affect their Code Enforcement Program.
Project-Specific Assignments
Our Code Enforcement Directors are often brought on board by municipalities to provide consulting for longstanding cases that need a fresh set of eyes and assessment. The Code Enforcement team at 4LEAF will lend their considerable expertise in bringing those difficult cases into compliance. We will review your most challenging cases, assess the work done to date, confer with the Municipal Code and your department's Standard Operating Procedures. Once our analysis is complete, 4LEAF will provide you with a detailed report of our findings and specific, step-by-step strategies to get those cases off the active roster. 4LEAF personnel will be available to speak with stakeholders such as Department Heads, Council, and other elected officials. If necessary, we can also provide Expert Witness Testimony. 588
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Rental Housing Enforcement
Our team will assist with the inspection of residential rental properties on a routine and comprehensive basis to assure the overall quality of the unit meets the requirements of the Health and Safety Code and property maintenance guidelines. This includes educating property owners, property managers, and tenants about those requirements.
Review and Develop SOPs
4LEAF routinely works with Code Enforcement Divisions to review the current Standard Operating Procedures and provide suggestions for enhancing SOPs. Our staff can also help implement and train the existing municipal personnel in these changes. Currently, we are providing these services for California municipalities such as the cities of Napa, Lathrop, and Artesia.
Staff Augmentation
4LEAF specializes in providing personnel to municipalities on a part-time or full-time basis. At your request, our staff arrives at your door with training opportunities, study materials, company phones, and energy- saving fleet vehicles. 4LEAF’s Code Enforcement Staff Augmentation personnel categories include:
o Department Director
o Department Manager
o Code Enforcement Manager and Training Officer
o Senior Code Enforcement Officer
o Code Enforcement Officer I & II
o Code Enforcement Coordinator/Technician
o Hearing Officer
Short-Term Rental Programs
One of the fastest growing programs within Code Enforcement Divisions is short-term rentals. 4LEAF assists with compliance with municipal short-term rental ordinances that require property owners to adhere to several rules including limiting the number of daytime and overnight guests, prohibiting events and amplified sound, and posting specific rules and emergency information, among others.
Stormwater Enforcement
4LEAF provides Stormwater Enforcement. This includes the visual inspection of infrastructure dedicated to the management of rainwater. Violations would include having inadequate erosion/sediment controls for property, failing to conduct/document inspections, illegal dumping, overgrowth of vegetation, and flooding.
Substandard Housing
One of the major areas of code enforcement throughout the U.S. is the inspection of Substandard Housing. 4LEAF Code Enforcement Officers routinely inspect and report any violations to housing codes including substandard and uninhabitable conditions, un-permitted construction, unlawfully created units 589
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 15 Section A: Introduction August 17, 2023
or spaces, inadequate or non-existent heating, accumulated trash and debris, lack of utilities, property maintenance, mold, and rodent/insect infestations.
Tobacco Enforcement
These programs ensure that retailers are properly licensed/permitted for the sale of tobacco and such establishments are posting proper notification such as STAKE Act stickers at each point of sale. In addition, we can assist in compliance with work-place smoking and vaping prohibitions.
Field Staff Training
Aside from the classroom training, 4LEAF personnel are also available to conduct field training. This includes ride-alongs with municipal personnel. This hands-on approach is often effective for training in communication, technical training, and enforcement of municipal codes.
Vendor Enforcement
4LEAF personnel are trained to enforce State and Local laws regarding unpermitted vending activity, issue Administrative Citations to vendors, generate inspection reports, testify at hearings, and provide strategic planning for large scale vending activities associated with entertainment venues. Specifically, 4LEAF staff are trained in enforcement of unpermitted vending ordinances on municipality-owned or controlled property such as parks, public rights of way (sidewalks) and areas outside the permitted vending spaces.
Zoning
It is imperative that approved Zoning Plans result in development and construction that is fully aligned with such approved Plans. 4LEAF staff will work with Departments to verify such alignment. Examples include:
o Construction of a building that is not allowed in a particular zoning designation. o Building a structure (or an addition to a structure) that is too tall or that obstructs another person’s view or access to light/air space.
o Conducting various operations in non-designated areas, including manufacturing, packaging, selling, growing, labeling, and other business/industrial activities. o Living in spaces that are not designated as residential areas. o Creating amounts of pollution or noise that exceed local limits. o Adherence to set back and lot coverage requirements.
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PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION B
QUALIFICATIONS
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
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SECTION B: QUALIFICATIONS
Firm History
4LEAF, Inc. (4LEAF) is a California “C” Corporation that was established in 1999 and incorporated in 2001. Our extensive team of engineers and managers are fully equipped with training and experience to provide complete services including code enforcement, plan check, CASp, inspection, permit technician assistance, professional development training, and other related professional and technical services to the City’s Code Compliance Department. Our goal is to set the industry standard for excellent customer service, and we have grown to more than 400 personnel throughout California, Washington, Nevada, and New England, and we are able to serve any full-time or part-time need the City may have, regardless of scope and duration. 4LEAF strives to be the best firm by providing our clients with outstanding customer service and first-rate services. We put our philosophy into action by building client relationships and prioritizing the needs of our clients—this has led us to become an industry leader in providing Building & Fire Life Safety Services to both public and private clients. We have worked with municipal departments in the construction, rehabilitation, and repair of public and private buildings and have partnered with design review and preservation boards to determine building improvement criteria and associated project requirements.
We have a depth of experience in working with all types of building structures and have performed Inspection and Plan Review services on more than $50 billion dollars in construction throughout the past 22 years. We have been aggressively expanding our Code Enforcement and Planning Divisions in recent years and have doubled our team of professionals in these areas to further strengthen our project endeavors.
We have provided plan review and inspection services for thousands of residential projects, tenant improvements, and complex commercial projects including marijuana facilities office campuses, parking garages, hotels/resorts, transportation facilities, city/county-owned buildings, universities, hospitals, sports arenas, infrastructure, essential service facilities, solar projects, and laboratories. In addition, our team has performed inspections and plan reviews for public and private building structures for compliance with life-safety and Americans with Disabilities Act (ADA) accessibility requirements.
Firm Management Team
Director of Fire Services: Michael Renner, CBO
Phone: (925) 785-3581
Email: [email protected]
Director of Development Services: Craig Tole
Phone (925) 580-4055
Email: [email protected]
Director of SoCal Operations: Marcus
Johnson Phone: (925) 785-3315
Email: [email protected]
Director of Code Enforcement: Pete Roque
Phone: (949) 230-4968
Email: [email protected]
Director of Planning: Daniel Hortert
Phone: (925) 999-6184
Email: [email protected]
Director of Engineering Services: Joe Nicholas
Phone: (916) 200-9959
Email: [email protected]
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Project Team
For information regarding the individual qualifications, experience, and certifications of the proposed team, please see the attached resumes in Section C: Personnel.
Snapshot of Professionals
Title # of Staff Title # of Staff
ICC Certified Plans Examiners 40+ ICC Certified Inspectors & IORs 200+ ICC Certified Building Officials 40+ Registered Architects 5 Registered Engineers (PE, SE) 20+ ICC Permit Technicians 60+ OSHPD 3 CASp 7
Construction Managers/Inspectors 40+ Fire Plans Examiners & Inspectors 30+ Code Enforcement Staff (PC832) 65+ Master Code Professional 1 Mixed-Use Experience
4LEAF is uniquely qualified to work on mixed-use projects of any size. Our team completed the Plan Review and Project Inspections for the entire $2.6 billion Wynn Casino project on behalf of the City of Everett, MA where we comprised a team of Building Inspectors, Plans Examiners, and Permitting Specialists.
4LEAF also provided the Plan Review and Inspection services for the $6 billion Apple Campus 2 Corporate Headquarters in the City of Cupertino, CA, Tiverton Casino Development located in the Town of Tiverton, RI and the South of Tioga project located in the City of Sand City, CA.
We have the resources to deploy staff to any state and as you can see in the limited examples listed above, we have provided services all over the country. Our team is well-equipped and qualified to perform services for any project and in any location. By choosing 4LEAF, you are choosing a company that prides itself on quality work, top-notch customer service, experienced staff, and a multitude of project experience. Please review our scope of services and project examples in the sections that follow to gain more understanding about our firm and how we can help achieve the City’s project goals.
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 18 Section B: Qualifications August 17, 2023
Snapshot of Services
Building/Code Enforcement Fire Permitting
• Leed Accredited Professionals
• Inspectors of Record
• Program Analysis & Studies
• Correcting Code Deficiencies
• Investigating Complaints
• Violation Issuance
• Jurisdictional Inspectors
• ICC-certified Plan Reviewers
• Certified Accessibility Specialists
• ICC-certified Building Officials
• Complete Building Dept. Services
• On- and Off-Site Plan Review
• Property Condition Surveys
• Industrial, Energy, & Solar Plan
Review and Inspections
• Compliance for Site Access Reqs.
• Compliance for Fire Flow Reqs.
• Review of Fire Prevention,
Suppression, and Detection Systems
• Code Compliance for Sprinkler,
Standpipe, Alarm, Notification
Systems, and Fire Pump
• Hazardous Occupancies, High Piled
Storage, and Smoke Control Systems
• Review of Alternate Means
• Review of Methods Requests
• Annual Business Inspections
• Complete Fire Prevention Services
• Fire Alarm/Sprinkler Inspections
• Hazardous Materials Inspections
• Solar Permitting
• Intake of plans
• Routing for plan review
• Assignment management
• Hosting page turn sessions
• Virtual permit technician services
• Prepare approval packages
• Inspection scheduling
• Program management
• Application Processing
• Developing Submittal Forms
• Property Research
• Public interface
• Special events permits
• Over-the-counter reviews
We have a proven track record of reviewing and inspecting projects of all sizes and complexities including:
• Type B Commercial Construction • Refinery Facilities • Laboratories • City/County-Owned Facilities • Site Work • Power & Energy • Large Campuses • Waterfront • Marijuana Facilities
• Fire Recovery Services • Multi-Family Projects • Military Projects • Stadiums/Arenas • Healthcare Facilities • Essential Service Facilities • Commercial Office Parks • Transportation Facilities • Detention Facilities 594
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 19 Section B: Qualifications August 17, 2023
Recent Related Experience
City of Rialto
Fire & Building Plan Review, Inspection, Permit Technician, Code Enforcement and Fire Prevention 4LEAF is currently providing On-Call Building and Fire Plan Check, Inspection, and related services, and has recently added Fire Prevention Services to our scope of work we are providing to the City. We are providing on- and off-site plan review for all building codes, including fire code plan checks, architectural, structural, plumbing, mechanical and electrical plan check. 4LEAF currently staffs six positions including three Permit Technicians, two Inspectors, and one part-time Plans Examiner and ensures that all project deadlines are delivered as per the City’s contract.
Services include:
• Checking for compliance with all applicable codes adopted by the City, including, but not limited to California Building, Mechanical, Plumbing, and Electrical Codes, Uniform Solar Energy Code, and any applicable adopted local
amendments, State of California codes or regulations.
• Confirming building use, occupancy, and type of
construction, and reviewing construction of buildings and structures to determine satisfaction of safety requirements.
• Coordinating building permit requirements and interface with City Departments and other agencies, including but not limited to the Public Works Department, Planning Division, the Rialto Fire Department and County of San Bernardino as needed.
• Enforcing conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City.
• Providing special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents. • Preparing inspection logs, notice of violations and other documents of building and safety code violation cases for submittal to the City Attorney’s office when prosecution action is necessary to obtain compliance with the above codes and regulations. • Receiving, processing, and issuing building permits and coordinate the plan check and inspection process, including the tracking, routing and storage of building plans and the filing of building permit applications. Input information into the City’s computer tracking system. 595
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 20 Section B: Qualifications August 17, 2023
County of Los Angeles
Building Inspection and On-Call Permit Technician Services 4LEAF provides Los Angeles County (County), within 48 hours of notification, qualified personnel for on-call building and safety inspection, permit technician, and related services. 4LEAF provides the County with inspection services that consist of combination building inspection services, code enforcement/property rehabilitation services, and business license clearances. Combination building inspection services provided during the construction phase of various private and County improvement projects. Code
enforcement/property rehabilitation services will be performed through inspection of properties, filing notices and complaints against violators of County building laws, documenting, and preparing violation cases for the District Attorney’s office and/or County Counsel, testifying in court, and public nuisance abatement utilizing specified County procedures and policies. Business license clearances will be conducted on an on-call basis. Personnel may be required to inspect and report to sites located throughout Los Angeles County. Personnel will also be expected to review electronic/digital plans and documents as directed by the County. 4LEAF provides all labor, materials, transportation, and equipment necessary for personnel to perform these services throughout Los Angeles County. Equipment includes, but is not limited to: business cards, emailenabled smart phones or equivalent, digital cameras, and electronic portable devices such as notebook computers, tablets, or any other additional devices as determined by the County. The equipment shall be of a type acceptable by the County. Materials shall include, but are not limited to, all necessary code books and reference materials.
Staff Requested by the County Includes
• Permit Technican
• Building Inspector
• Building Inspector + CASp
• Building Inspector (prevailing wages)
• Senior Building Inspector
• Senior Building Inspector + CASp
• Senior Building Inspector (prevailing wages)
• Property Rehabilitation / Code Enforcement Inspector
• Document Control Specialist
• Mainframe Programmer
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 21 Section B: Qualifications August 17, 2023
City of Indian Wells
Building Plan Review, Building Inspection Permit Services 4LEAF provides the City of Indian Wells third party plan check services, including electronic plan review, for the City’s Building and Safety Division in the Community Development Department. 4LEAF works with the Building Official and staff to review plans and documents for code compliance.
4LEAF provides highly qualified plan check professionals who work under the supervision of an ICC Certified Plans Examiner or Licensed Professional Engineer (P.E.) to provide efficient, accurate and timely plan checks services with sufficient staffing to meet the City’s needs. All 4LEAF staff have previous experience working for municipalities and have experience successfully managing multiple tasks, assignments, and responsibilities. 4LEAF performs review of structural, life safety, accessibility, plumbing, electrical, mechanical, energy compliance, and building code standards to ensure compliance with the adopted model codes as amended and municipal codes of the City of Indian Wells. All changes/corrections are identified, documented, and addressed prior to approval. Approved plans are stamped and signed as approved once they meet all requirements.
Services include:
• Provide highly qualified plan check professionals who will work under the supervision of an ICC Certified Plans Examiner or Licensed Professional Engineer.
• Provide efficient, accurate, and timely plan check services with sufficient staff to meet the City’s needs. • Provide staff with previous experience working for cities, be customer-service oriented, and have experience successfully managing multiple tasks, assignments, and responsibilities. • Have the capability to conduct electronic plan review. • Commercial and residential building plan checks will be performed by 4LEAF, as well as all plumbing, electrical, mechanical, and related plans submitted to the City by private developers or other applicable government agencies for construction and reconstruction projects. • Check plans for compliance with California Building Codes and all applicable codes and statues. • All changes/corrections will be identified, documented, and addressed prior to approval. • Stamp and sign approved plans once they meet all requirements. 597
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City of Victorville
Fire Plan Review and Building Inspection Services
4LEAF is currently administering a complete Fire Prevention Bureau. We are providing on- and off-site plan review, annual, sprinkler, OSHPD, alarm, and state mandated inspections. 4LEAF presently staffs five positions including Fire Inspectors and a Fire Marshal and ensures that all project deadlines are delivered as per the City’s contract.
Scopes of work include but are not limited to:
• Provide a California certified Fire Marshal to perform fire investigations, public education and other Community Risk Reduction (CRR) programs.
• Provide a minimum of one (1) California certified Fire Prevention Officer at the City during regular business hours to meet with the public, review fire plans and conduct fire inspections. • Plan review for compliance with the California Fire Code, as amended and adopted by the State of California (Title 24, Part 9 of the California Fire Code) and the City of Victorville requirements. • Plan review for compliance with the National Fire Codes as published by the National Fire Protection Association (NFPA), as adopted and referenced by the State of California (Title 24, Part 2 of the California Building Code; Title 24, Part 9 of the California Fire Code) and the City of Victorville requirements.
• Plan review for compliance with applicable provisions relating to fire alarm systems of the National Electrical Code as published by the National Fire Protection Association (NFPA), as adopted and amended by the State of California (Title 24, Part 3 of the California Electrical Code.) • Inspections of all new structures and modifications to existing structures for compliance with all State and Local requirements as prescribed by the California Building Code; California Fire Code; and City of Victorville requirements.
• Inspections of fixed fire suppression systems to confirm installation complies with the approved plans; State requirements; local requirements and manufacturer’s specifications. • Inspections of fire sprinkler systems to confirm installation complies with the approved plans; State requirements; local requirements and manufacturer’s specifications. • Inspections of fire alarm systems to confirm installation complies with the approved plans; State requirements; local requirements and manufacturer’s specifications. • Support office staff and provide counter service, respond to questions, return phone calls and emails, input correction notices and case-related comments into the City’s permitting software system (EnerGov); file and/or scan documents following field inspections. 4LEAF continually communicates with the City and as a 24/7 operation, there is always someone available to address questions, needs, or provide staff with a quick turnaround. 598
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 23 Section B: Qualifications August 17, 2023
City of Hemet
Plan Review, Inspection, and Permit Technician Services 4LEAF provided plan review, field inspection, and permit technician services on an on-call basis during peak workloads or from an unforeseen absence of City personnel to the City of Hemet’s Department of Building and Safety. 4LEAF performed a review of submittal documents (plans, specifications, engineering calculations, soils, investigation reports, etc.) to assess compliance with the regulations contained in the various building code applicable to City facilities by policy and law. For each plan check review 4LEAF developed a comprehensive “Building Code Plan Check Report” of items found at variance with applicable codes. This report was presented in letter and electronic formats.
Services included:
• Providing electronic plan review, field inspection, and permit technician services on an on-call basis during peak workloads or from an unforeseen absence of City personnel. • Performing plan check and inspection services in a diligent and professional manner in accordance with standard practice for such services.
• Performing plan check and inspection services at the Plan Checker’s own office, at project sites, or in the City of Hemet offices as needed.
• Performing an independent evaluation of the applicant’s estimate of value of construction project and immediately informing the Building Official or designee if there was a discrepancy between the applicant’s estimate and the City’s or industry standards and practices. • Interfacing with permits applicants or their representatives to clarify plan check comments as required. • Signing all approved plans as the “plans examiner of record” in accordance with standard Building Department practice.
• Meeting with City representatives and/or permit applicants or their representatives to review requirements of governing codes for projects in preliminary design or working drawing stages. • Performing qualified building, combination, and other trade inspections on an as needed, assigned, or regular basis on residential, commercial, and industrial projects and performing permit counter work. • Entering plan check comments and inspection results into the City’s permitting software system. • Providing all vehicles, fuel, maintenance, and other equipment. • Providing fixture counts on a City of Hemet provided form for all electrical, mechanical, and plumbing fixtures and advising the City if subsequent plan reviews would substantially increase the fixture count. • Pick-up and delivery of plans from the City of Hemet offices on all business days the 8 City operates, not at an expense to the City of Hemet.
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County of San Mateo, CA
Program Management, Code Enforcement, Inspection, and Plan Review Services 4LEAF was selected to provide Program Management, Code Enforcement, Inspection, and Plan Review Services for County of San Mateo residents who have completed work without going through a formal permitting process. In July 2018, 4LEAF was awarded the contract for San Mateo County’s Second-Unit Amnesty Program.
In a collaborative effort to balance safety with California’s desperate need for additional housing, the County implemented the Amnesty Program, along with a financial loan program, to promote the legalization of unpermitted second units, bringing them up to the current codes to avoid life-safety construction hazards. Steps of the program include but are not limited to:
1. Performing the initial inspection and determining the required scope of work along with estimating the cost to legalize and submitting the findings to the applicant and County.
2. Determining if client wishes to proceed with the Amnesty Program based on findings of the inspection report and estimated cost conformance.
3. Providing a minimum of two contractor estimates from licensed contractors.
4. County sends 4LEAF the completed application, submitted plans, agreement of timeline, and scope of work.
5. Uploading the submitted plans and documents into 4LEAF’s EZPlan Review and performing the plan review with a maximum 5-day turnaround.
6. Performing the requisite inspections after permit is issued from the County. Coordinating each inspection with the contractor and the applicant through 4LEAF’s Program Manager.
7. Monitoring the progress throughout the project and provides the Program Manager with updates, correction notices, and approvals. This information is uploaded and tracked in EZPlan Review portal.
8. Upon completion of the work, 4LEAF sends a letter of recommendation to the County stating an Amnesty Compliance Certificate be issued to the Applicant.
4LEAF and the County work together to maintain a database of cases and track permitting progress on properties that need inspections to verify if the property meets current residential health and safety codes and the current adopted California Building Codes.
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PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION C
PERSONNEL
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 25 Section C: Personnel August 17, 2023
SECTION C: PERSONNEL
Management Team
Marcus Johnson – Local Principal & Director of SoCal Operations Marcus is responsible for day-to-day contact with many of 4LEAF’s Building & Safety, Engineering, and Construction Management contracts. He manages many of our clients and is responsible for recruiting, qualifying, and placing staff throughout the organization.
His experience encompasses the more complex plan review and field inspections of building construction, plumbing, mechanical, and electrical installations in residential single, multi-family, commercial, and industrial construction. With more than 17 years of industry experience, Marcus is a knowledgeable project manager and inspector. Marcus will assist the City with addressing contractual details, project needs, and staff placements.
Office - (909) 453-6582 | Cell - (909) 916-0511 | Email - [email protected] Peter Lim, CBO – Inspection Services Manager
Peter is a highly experienced ICC Certified Building Official with over 23 years of experience working in the Building and Safety Department. He has a broad experience in Building Department day-to-day operations, and in-depth knowledge of Building Code, making him an asset to any Building and Safety Department. Peter utilizes excellent communication skills and has the unique ability to defuse any situation that may arise.
Peter can foresee and quickly resolve Building Code issues in the field and on plans, which allows him to effectively maintain excellent relations with staff, property owners, and design professionals.
Office - (909) 453-6582 | Cell – (626) 344-5106 | Email - [email protected] Davison Chanda, PE – Supervising Plan Review Engineer
David is a registered Structural Engineer with more than 9 years of structural design background with a focus on structural system analysis, design, and preparation of construction documents from inception to completion in accordance with overall project requirements. David is also experienced with field structural observation to ensure their compliance with approved drawings and is experienced with RFI’s and solutions for field conditions.
Office - (909) 453-6582 | Cell - (949) 274-6966 | Email - [email protected] 602
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Support Staff
Jay Shih, PE, CASp, CBO – Plan Review Engineer
Jay is a veteran Plan Review Engineer, Building Official, Accessibility Specialist, and Construction Manager with over 35 years of experience in the industry. Given his background in various specialties, Jay is an ideal team member who can adapt to any project, team, and municipality he is assigned.
Ali Hekmat, SE, PE – Plan Check Engineer
Ali is a tremendously talented and experienced Plan Check Engineer with over four decades of expertise in the industry. Ali is a California registered Professional Civil and Structural Engineer as well as a registered Professional Structural Engineer in Arizona. He is highly skilled in a wide variety of engineering and design software and has proven to be an asset to multiple companies and departments. Ali is a quick-adjusting hard worker who has performed many challenging and complex structural plan reviews, earning him timely promotions to senior and leadership positions throughout his professional career. Having worked as a supervisor in multiple departments, Ali is a responsible leader who can be relied on to get the job done, and to the greatest of his ability.
Steve Raney, CASp, CBO – Senior Building Inspector
Steven is an ICC Certified Building Official with more than 27 years of hands-on experience in facility construction and development, multidisciplinary industrial research, production, and management. He is equally adept as an individual contributor or in a team environment with senior managerial experience. Steven has acted as a project lead directly responsible for design, construction and commissioning of numerous capital improvement and build-out bio-tech projects. He has extensive hands-on research and production experience in all aspects of biotechnology science, process optimization, and implementation. His proven effective experience in working with local jurisdictions for project completions make Steven a vital asset to any team.
Ana Ortiz – Senior Permit Coordinator
Ana is a qualified Permit Technician with over seven years of experience in the building and safety industry. Her professionalism in her approach to conflict resolution and client communications also makes her an excellent candidate for any role involving customer service and public relations. Ana is especially helpful in this arena because of her proficiency in English as well as Spanish, both written and spoken language. Detail-oriented, Ana is highly organized and sets high personal standards for her own performance with each task she is assigned.
This, paired with her dynamic talent and personal drive, renders her an asset to any team.
Chris Garamone – Building Inspector
With over 43 years of specialized electrical field experience in all aspects of commercial and industrial electrical inspection, Christopher Garramone exhibits a valuable skillset and is an asset to the projects he is assigned.
Adept in management, design, installation, termination, and control as a Quality Assurance (QA) Manager, Quality Control (QC) Electrical Inspector, Consultant, Electrician, and Supervisor, Christopher’s professional experience is practiced, successful, and ever-growing. He has been involved in several energy projects for the California Energy Commission ranging from the CPV Sentinel Project to the Ivanpah Project. 603
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 27 Section C: Personnel August 17, 2023
Steven Martinez – Building Inspector
Steven is a highly experienced professional with over 11 years of construction industry experience. His expertise in applying technical knowledge and following proper inspection techniques make him a dedicated team player with the multitasking skills needed to productively navigate between autonomous and collaborative assignments. In addition to his notable certifications, Steven has the work experience necessary to achieve project goals and a remarkable attention to detail when it comes to detecting deviations from plans, regulations, and standard construction practices.
Jerome Hoberg – Architect / Senior Plans Examiner
With a strong background of 40+ years, Jerome brings with him expert- level experience in managing, directing, and reviewing a wide range of construction projects. He is skilled in working in the capacity of a building official, senior inspector, and plan reviewer. Jerome is skilled at the application of building practices, evaluating plans, resolving unexpected site conditions, and regulatory compliance issues involving federal, state, and local requirements. He works effectively with developers, engineers, architects, contractors, building officials, and other industry professionals. Jerome provides results and the highest level of service to all clients as well as excellent leadership, communication, and relationship building skills. He is a certified CASp specialist and holds architectural licenses in both California and the State of Nevada.
Organizational Chart
Peter Lim, CBO
Inspection Services
Manager
Marcus Johnson
Project Manager
Davison Chanda, PE
Supervising Plan Review
Engineer
More than 200 additional staff Available.
CASp
Brent Hipsher, CBO, CASp
David Rashe, CBO, CASp
Scott Wungluck, CASp
Jerry Thome, CASp
Code Enforcement
Cecilia Muela
Alfred Fasulo
Anthony Mullins
Kenneth Eckman
Orlando Givens
Nina Hamilton
JorDann Crawford
Plan Review Engineers
Melissa Mennucci, S.E.
Beng Low, S.E.
Albert Kong, S.E.
Scott Martin, P.E.
Melissa Bridges, P.E.
Stephanie Hionis, P.E.
Youseff Abdou, P.E.
Joe Nicolas, P.E.
Albert Nissan, P.E.
Steve Kim, P.E.
Zach Woods, P.E.
Building Inspectors
Nick Henderson, CBO
Chris Fowler, CBO
Michael Hosier, CBO
David Brakebill
Salesi Vakalahi
Edmund Rivera
John Olsen
Howie Conroy
Christopher Pallares
Don Hutsell
Martin Scott
Logan Ramshaw
Jennifer Haskin
Plans Examiners
Sara DeLand
Clarice Shepard
Lowell Brown
Gregory Adams
Madhavi Akula
Eddy Nachy
Eric Allen
Gene Ferrero
Frank Luna
John Hoberg
Jose Ramirez
Paul Cruel
Ingeborg Vriend
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Marcus Johnson, CBO
Inspector of Record / Building Official
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Experience Summary
Marcus is responsible for day-to-day contact with many of 4LEAF’s valuable clients in the Building & Safety, Engineering, Construction Management, and Plan Check industries. Marcus manages 4LEAF’s Southern California offices including San Diego, Newport Beach, and San Bernardino.
Marcus carries comprehensive experience as an ICC certified senior level inspector, Inspector of Record, Building Official, and plans examiner. His experience encompasses the more complex plan review and field inspections of building construction, plumbing, mechanical and electrical installations in residential single, multi-family, commercial, and industrial construction. He is extremely knowledgeable of required compliance with applicable building, plumbing, electrical, energy, green, accessibility and mechanical codes along with applicable jurisdictional ordinances, state, and local statutes. His high-level of experience and invaluable personal skills allows him to quickly improve and acclimate to jurisdiction procedures. Marcus thoroughly understands the construction process and the need for speedy project completion in conjunction with accurate compliance and positive customer relations.
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4LEAF, Inc.
Director of Southern California Operations – Project Manager 2019 - Present
Marcus is 4LEAF’s Director of Southern California Operations. Marcus’s responsibilities include the dayto-day contact with many of 4LEAF’s clients in the Building & Safety, Engineering, and Construction Management industries. Additional responsibilities:
• Recruiting and interviewing prospective employees.
• Mentoring and developing plan review, building inspectors, and permit staff. • Managing the placement of inspection staff including the tracking of customer service delivery. • Providing quality answers to code-related or situational questions from inspection staff or clientele.
• Project Inspections/Inspector of Record Services
• Performing plan reviews and Building Official Services on as-needed basis.
Experience
18+ years
Education
AA, Architectural Technology
Certifications
ICC Certified Building Official
ICC Building Plans Examiner
ICC Permit Technician
ICC Accessibility Inspector/Plans Examiner
ICC Commercial Plumbing Inspector
ICC Residential Plumbing Inspector
ICC Plumbing Inspector
ICC Building Inspector
ICC CALGreen Inspector
SAP CA DSW Local Inspector
Professional Affiliations
California Building Officials
County Building Officials Assoc. of CA.
East Bay Chapter, ICC
Napa Solano Chapter, ICC
Sac. Valley Assoc. of Building Officials
Redwood Empire Chapter. ICC
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Marcus Johnson
Town of Paradise, CA, Fire Recovery
Operations Manager
In 2018, the most destructive wildfire in California history began in Butte County, CA and quickly spread to the Town of Paradise, displacing over 10% of the County’s population.
Marcus oversees a staff of more than 15 that provides complete Community Development Services to the Town of Paradise. This four-year contract provides Permitting, Plan Review, Building Inspections, Public Works Inspections, Planning, Code Enforcement, Debris Removal Management, and Public Outreach for this $9.5 Billion rebuild.
County of Sonoma, CA, Resiliency Permit Center (RPC)
Operations Manager
Marcus oversees all the daily operations including plan review and inspections. He ensures the staffing and training is completed for a skilled team to expedite the recovery process.
Marcus ensures a cohesive partnership between the County of Sonoma and 4LEAF.
South Napa Earthquake Recovery – City of Napa, CA
Building Inspector
Marcus assisted the City of Napa during the South Napa Earthquake recovery. The earthquake caused close to $1 billion in damage. Marcus’s responsibilities included providing rapid assessment (RESA), processing FEMA valuation reports, providing inspections, and completing plan review to expedite the recovery process and ensure the safety of the community.
West Coast Code Consultants, Inc. – San Ramon, CA
Manager of Jurisdictional Services
Marcus provided client services for jurisdictional clients encompassing plan review and inspection services. He was responsible for coordination of all staff augmentation throughout the state of California.
His experience included working in complex municipalities to provide permits processing, inspections, and plan review services.
City of Hesperia, CA
Building Inspector & Plans Examiner
Marcus reviewed plans and issued building permit applications for new construction, alterations, and remodeling of existing structures. He also verified compliance with applicable codes and ordinances and accepted construction practices and issued certificates of occupancy. Marcus provided technical information and professional advice to City staff, officials, and the public regarding city codes relating to construction, assisted project stakeholders in interpreting and meeting code requirements, and responded to/resolved inspection complaints.
JAS Pacific – Upland, CA
Permit Technician & Building Inspector
Marcus reviewed plans and building permit applications for new construction, alterations, and remodeling of existing structures, verified compliance with applicable codes and ordinances and accepted construction practices; and issued certificates of occupancy. He also acted as project coordinator for the routing of plans.
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Peter Lim, CBO
Inspection Services Manager
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Experience Summary
Peter is a highly experienced ICC Certified Building Official with over 23 years of experience working in the Building and Safety Department. He has a broad experience in Building Department day-to-day operations, and in-depth knowledge of Building Code, making him an asset to any Building and Safety Department. Peter utilizes excellent communication skills and has the unique ability to defuse any situation that may arise.
Peter can foresee and quickly resolve Building Code issues in the field and on plans, which allows him to effectively maintaining excellent relations with staff, property owners, and design professionals.
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4LEAF, Inc.
Building Official
2021 - Present
Peter is proficient in providing inspections, evaluations, approving construction of structural systems, and overseeing effective implementation of accessibility requirements. Peter has served in many different capacities including Building Official, Combination Inspector, and Plans Examiner. Peter has excellent communication skills and works well at the Counter with applicants. In addition, Peter can also provide over-the-counter plan check. Some of Peter’s assignments from 4LEAF have included the Cities of Rialto, Whittier, Fontana, and Ventura County.
Transtech Engineering, Inc. – Various locations, Southern California Building Official/Plan Checker
11/2020 - 2021
Responsible for day-to-day operations for the City of Alhambra and plan check. Supervised and manage Building Inspectors and Permit Technicians. Implemented protocols for electronic plan check submittal and electronic plan check.
J Lee Engineering, Inc.
Building Official/Manager
1/2019 – 8/2020
Managed daily activities and training of the Building Department personnel. Supervised plan checker(s), permit technicians and building inspectors. Prepared staff reports to be presented to Department director Experience
23+ years
Certifications
ICC Certified Building Official
ICC Certified Building Plan
Examiner
ICC Certified Building Core
Specialist
ICC Certified Building Inspector
ICC Certified Combination
Dwelling Inspector
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Peter Lim, CBO
and council meetings at municipalities. Prepared code adoptions to be presented to Council. Performed digital, paper and counter plan review. Managed Building Depart budget for Municipalities.
CSG Consultant, Inc.
Building Official/Manager
8/2017 – 12/2018
Supervised plan checker, permit technicians and building Inspectors. Provided over the counter plan check. Implemented policies and procedures. Managed and trained building Inspectors, permit technician and code enforcement officers and provided back-up inspections when inspectors are on vacation.
Manage 36 Plan Checkers, Building Inspectors, Permit Technicians and Code Enforcement Officers.
Willdan Engineering
Building Official
1/2013 – 8/2017
Managed daily activities of the Building Department. Prepared and present staff reports to be presented to City Council City Manager. Developed of the department’s annual budget. Researched and examined supporting data and make decisions or recommendations on proposed alternate materials or methods of design and construction. Coordinated various agencies or departments in the permit application process.
City of Monterey Park
Interim Building Official
2/2003 – 12/2012
Responsible for combination inspection of two-multi-family complexes. Oversaw daily building division activities. Provided code interpretations and technical assistance to the public and the design construction professionals. Prepared and managed the annual budget for the Division.
City of Baldwin Park
Senior Building Inspector
8/2001 – 2/2003
Involved in residential, commercial, and industrial combination inspections. Oversaw daily inspections and two building inspectors. Oversaw daily building division activities. Issued permits and plan check.
Charles Abbott and Associates
Building Inspector I
6/1998 – 8/2001
Involved in residential, commercial, and Industrial combination inspections, and plan check. Inspected Mission Viejo Mall expansion of 500,000 sq. ft., addition to mall Sax Fifth Avenue, Robinson-May, and Nordstrom’s, and tenant improvement to Mission Viejo.
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Davison “David” Chanda, P.E.
Supervising Plan Review Engineer
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Experience Summary
David is a registered Structural Engineer with more than 9 years of structural design background with a focus on structural system analysis, design, and preparation of construction documents from inception to completion in accordance with overall project requirements. David is also experienced with field structural observation to ensure their compliance with approved drawings and is experienced with RFI’s and solutions for field conditions.
David’s strengths include seismic and wind design analysis, steel design, timber design, reinforced concrete design, prestressed concrete design, foundation design, structural analysis, design of masonry structures, architectural drafting, electrical, mechanical and plumbing systems, and soil dynamics.
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4LEAF, Inc. – Newport Beach, CA
Senior Structural Plan Review Engineer
2019 - Present
David joined 4LEAF as a Senior Structural Plan Review Engineer and is responsible for the review of commercial and residential structures as well as Quality Control of other 4LEAF Plan Review personnel.
Some of his recent assignments include the counties of San Bernardino and Los Angeles, where he leads structural plan reviews and page-turning sessions.
VCA – Orange, CA
Senior Plan Check Engineer – Supervisor
6/2017 - 12/2019
• Assigned work to staff members and mentored junior plan checkers. • Reviewed residential and commercial building plans for mechanical, plumbing, electrical, architectural structural and accessibility requirements (Chapter 11A and 11B) for conformance with the California title 2A.
• Researched into the intent of the code requirement to assist applicants, architects, and engineers to comply the code interpretation.
• Prepared clear and concise written plan review comments/corrections that are necessary to prepare plans for approval.
Experience
11 + years
Education
M.S. Civil Engineering (Structural)
CSU Long Beach, CA 2011
B.S. Civil Engineering (Minor in
Construction Management)
Cal State Fresno 2007
Licenses/Certifications
Professional Engineer – Civil #83946
ICC, Building Plans Examiner
Affiliations
American Society of Civil Engineers
Structural Engineers Association of
Northern California
International Code Council
Foothill Chapter
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Davison “David” Chanda, P.E.
• Established and maintained effective working relations with engineers and architects to resolve problems regarding code interpretations.
• Attended meetings with applicants, engineers, and architects for clarification of review comments and verifications of corrections.
• Reviewed structural plans for wind and seismic requirements (ASCE/SI 7-10), including drag force shear wall design, diaphragm design and foundation design.
Bureau Veritas – Costa Mesa, CA
Plan Check Engineer
6/2015 - 6/2017
• Researched into the intent of the California building codes (Title 24) requirement to assist architects and engineers to comply the code interpretation. • Prepared plan review comments/corrections that are necessary to prepare plans for approval. • Established and maintained effective working relations with engineers and architects to resolve problems regarding code interpretations.
• Reviewed structure plans for wind and seismic requirements (ASCE/SE 7-10), including drag force, shear wall design, diaphragm design and foundation design. • Worked at the public counter at the City of Corona to conduct over the counter plan review.
RADCO – Long Beach, CA
Plan Examiner
1/2015 - 6/2015
• Reviewed mobile homes and factory-built structures with respect to California title 25. • Reviewed residential and commercial building plans for conformance with the California title 2A. • Researched into the intent of the California building codes (Title 24) requirement to assist architects and engineers to comply the code interpretation.
K.B. Leung and Associates (Structural Engineers) – Alto Loma, CA Staff Engineer
8/2014 - 11/2014
• Worked under the supervision of structural engineers to assess and analyze structures for seismic and wind analysis.
• Estimated the quantities of concrete, steel, wood, and masonry from structural drawings. • Reviewed structural corrections/comments provided by plan checkers from the City and DSA (Division of state Architects office) for code compliance.
City of Rancho Cucamonga – Rancho Cucamonga, CA
Plans Examiner
12/2011 - 6/012
• Reviewed design-engineering calculations on proposed construction, alterations, or repair of buildings to ensure compliance with public safety standards. • Reviewed residential, commercial, and industrial plans to determine compliance with relevant laws, regulations, and codes (AISC, ASCE/SEI, ACI, BCRMS and Title 24, etc.). 610
Jay Shih, PE, CASp, CBO
Plan Review Engineer / Accessibility Specialist
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Experience Summary
Jay is a veteran Plan Review Engineer, Building Official, Accessibility Specialist, and Construction Manager with over 35 years of experience in the industry. Given his background in various specialties, Jay is an ideal team member who can adapt to any project, team, and municipality he is assigned.
Jay has spent the entirety of his professional career working for public agencies and consulting companies providing highly skilled design, plan check, and construction management for buildings, sewers, storm drains, streets, sidewalk, curb ramps, grading, SWPPP, and WQMPs.
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4LEAF, Inc. – Newport Beach, CA
Plan Review Engineer
11/2021 - Present
Jay is working on behalf of 4LEAF performing Plan Review services in multiple jurisdictions as needed. His most recent assignment is with the County of Los Angeles.
Infrastructure Engineers – City of Industry, CA
Director of Building & Safety / VP of Engineering
4/2018 - 11/2021
In his prior role, Jay checked building and civil engineering plan; reviewed hydrology, WQMP, LID, and geotechnical reports; performed CASp inspections; reviewed tentative, final maps, lot mergers, and lot line adjustments; provided building code training to staff; prepared proposals and managed the Building Department. Jay also acted as the Building Official for the City of Lynwood.
Bureau Veritas – City of Santa Ana, CA
Senior Plan Check Engineer
1/2018 - 6/2018
Jay’s main responsibilities were checking building and fire sprinkler plans for the cities of Corona and Costa Mesa and the County of Los Angeles and helping the Regional Manager prepare proposals.
Experience
35+ years
Education
B.S., Geotechnical Engineering
University of Sao Paulo
B.S., Civil Engineering
University of Sao Paulo
M.S., Structural Engineering
California State, Los Angeles
Construction Management
UCLA Extension
Licenses
CA Registered Civil Engineer
Certifications
ICC, Building Plans Examiner
ICC, Building Official
ICC, Fire Plans Examiner
ICC, Commercial Building Inspector
ICC, Fire Marshal
ICC, Residential Plans Examiner
ICC, Residential Building Inspector
ICC, Building Inspector
ICC, Building Code Specialist
CA State Certified Access Specialist
Certified Grading Deputy Inspector
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Jay Shih, PE, CASp, CBO
Willdan Engineering – City of Industry, CA
Senior Plan Check Engineer / Building Official
3/2016 - 3/2018
Checked building plans in the Crossroads Parkway office and acted as Building Official for the City of Rosemead.
JLee Engineering – City of Alhambra, CA
Senior Plan Check Engineer
3/2015 - 3/2016
Checked building plans in the office and at the County of San Bernardino. 612
Ali Hekmat SE, PE
Plan Check Engineer
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Experience Summary
Ali is a tremendously talented and experienced Plan Check Engineer with over four decades of expertise in the industry. Ali is a California registered Professional Civil and Structural Engineer as well as a registered Professional Structural Engineer in Arizona. He is highly skilled in a wide variety of engineering and design software and has proven to be an asset to multiple companies and departments.
Ali is a quick-adjusting hard worker who has performed many challenging and complex structural plan reviews, earning him timely promotions to senior and leadership positions throughout his professional career.
Having worked as a supervisor in multiple departments, Ali is a responsible leader who can be relied on to get the job done, and to the greatest of his ability.
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4LEAF, Inc.
Plan Check Engineer
2021 - Present
Ali joined 4LEAF as a Plan Check Engineer and is responsible for planning, coordinating, supervising, and participating in the review of construction project plans and structural calculations. Additionally, he participates in the review of commercial and residential structures.
Bureau Veritas Inc. – Santa Ana, CA
Plan Check Engineer
2018 - 2021
• Performed architectural and structural plan checks for residential and commercial buildings to achieve compliance with jurisdictional codes.
• Reviewed construction documents for structural integrity and compliance to latest additions to electrical, mechanical, plumbing, Title 24 Energy, and California Building Codes. • Residential and commercial planning, architectural, structural design involving steel, concrete, masonry, wood construction.
Experience
42+ years
Education
California State Polytech University
MS. Civil/Structural Engineering
BS. Civil/Structural Engineering
Registrations/Certifications
CA Licensed Professional Engineer
AZ Licensed Professional Engineer
I.C.B.O. Certified Plan Examiner
Plan Check Engineer
Software Skills
Engineering International Design
Primavera Scheduling
Enercalc Design
S-T Risk
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Ali Hekmat, PE, SE
GHD Engineering Inc. – Irvine, CA
Plan Check Engineer
2016 - 2018
• Worked in the County of Orange as a consultant for plan checking projects. Ensured all projects achieved compliance with code requirements and structural integrity. • Performed front counter duties where he assisted customers in the Building Department.
VCA Consultant – Orange, CA
Plan Check Engineer
2013 - 2016
• Plan checked and reviewed grading plans of various building projects in the City of Newport Beach to ensure all codes and requirements for structural and non-structural elements were met. • Performed front counter duties where he assisted customers in the Building Department. +A Engineering – Fullerton, CA
Project Engineer
1998 - 2013
• Performed planning, architectural, and structural design of residential and commercial projects which included steel, concrete, masonry, and wood construction. • Engaged in field inspections to assess projects for structural integrity and compliance with building codes and specification.
• Performed engineering evaluations of existing buildings where he checked for construction defects resulting from poor workmanship and/or damage caused by natural disasters, then prepared reports of any observed damages along with repair recommendations. When necessary, he testified as an expert professional in court and arbitration. • Conducted an engineering evaluation amidst a lawsuit involving a 4-story hospital in San Bernardino where he inspected and reported construction defects and safety issues resulting from poor contractor workmanship and the improper use of material.
City of Pomona Public Works’ Building and Safety Division – Pomona, CA Project Engineer
1995 - 1998
• Plan checked commercial and residential projects for structural integrity and code compliance. • Performed field inspections of projects under construction for compliance with approved plan and specifications.
• Assisted building inspectors with structural related issues and aided the public and professionals with project approval and permits.
Riverside County Transportation and Land Management Agency – Riverside, CA Agency Program Supervisor, Field Inspection Supervisor, Senior Plans Examiner 1984 - 1995
• As an Assistant Engineer in the grading division, Ali:
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Ali Hekmat, PE, SE
o Performed plan checks and field inspections of residential and commercial projects concerning drainage, subdivision, site improvement, and quality control of concrete delivered by batch plants.
o Performed front counter duties relating to permits and illegal grading complaints. • As a Senior Plan Check Engineer, Ali:
o Plan checked for a variety of commercial and residential projects, including a 6-story jail with an in-house hospital on the top floor.
o Managed the Riverside district branch office of Building and Safety. • As the Agency Program Supervisor, Ali:
o Tracked projects from initial design stage through final construction while preparing monthly reports of project(s) status and scheduling transportation of small in-house projects.
o Assisted the Project Engineer in the construction management of a freeway interchange in the county desert area and participated in field observation during bridge construction.
James Persing and Associates – Yuma, AZ
Structural Design Engineer
1983 - 1984
• Conducted structural calculations and construction details for a variety of commercial and residential projects that involved wood, steel, concrete, and masonry construction. • Participated in the field observation of a 5-story jail with in-house hospital on the fourth floor. • Worked on a school, medical clinic, and other government buildings.
Wheeler and Grey – Los Angeles, CA
Junior Structural Design Engineer
1980 - 1983
• Performed structural calculations and drafting for small residential and commercial buildings. • Assisted the project engineer in the structural design and shop drawings review for the concrete support structure for the tramway rails at the Disney World facility and a pedestrian bridge in Los Angeles.
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Steven Raney, CASp, CBO
Building Official
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Experience Summary
Steven is an ICC Certified Building Official with more than 27 years of handson experience in facility construction and development, multidisciplinary industrial research, production, and management. He is equally adept as an individual contributor or in a team environment with senior managerial experience. Steven has acted as a project lead directly responsible for design, construction and commissioning of numerous capital improvement and buildout bio-tech projects. He has extensive hands-on research and production experience in all aspects of biotechnology science, process optimization, and implementation. His proven effective experience in working with local jurisdictions for project completions make Steven a vital asset to any team.
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4LEAF, Inc.
Project Manager/Building Official
2021 - Present
Steven is proficient in providing inspections, evaluations, approving construction of structural systems, and overseeing effective implementation of accessibility requirements.
City of Palmdale – Palmdale, CA
Building Official
2021 – 2021
• Administrated of all functions of the Building & Safety Division including plan check, inspection, and permit issuance
• Prepared of yearly budget
• Participated in the Development Advisory Board representing Building & Safety to provide conditions of approval for proposed projects • Prepared reports, ordinances, and memos for City Council • Completed inspections and plan review for complicated projects City of Big Bear Lake – Big Bear Lake, CA
Chief Building Official
2019 – 2021
• Supervised a staff of Building Inspectors, Plans Examiners, and Building Permit Technicians • Resolved code interpretation issues for new and existing buildings for compliance with the adopted Plumbing, Mechanical, Building, Electrical, and City municipal Codes • Adopted modifications to the State T-24 codes when necessary Experience
27+ years
Education
BS – Northern Arizona University
Pasadena Supervisory Academy
Certifications
Certified Access Specialist
(CASp) #519
Certified Building Official
ICC Certified Building Plans
Examiner
ICC Certified Building Code
Specialist
ICC Certified Commercial and
Residential Plumbing Inspector
ICC Certified Commercial and
Residential Electrical Inspector
ICC Certified Commercial and
Residential Mechanical
Inspector
ICC Certified Combination
Inspector
ICC Certified Structural Masonry
Special Inspector
ICC Certified Accessibility
Inspector/Plan Reviewer
Disaster Response
Inspector/Worker CA
Governor’s OES (SAP)
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Steven Raney
CA Housing & Community Development (HCD) – Southern California Area Codes & Standards Administrator
2019 – 2019
Directed, organized, scheduled, and monitored activities and inspections for the Mobile Home Parks program and staff in the Southern California Area offices. Enforced Title 24, 25, and HSC codes, installation and alteration of all manufactured, modular buildings, and mobile home parks.
City of Palmdale – Palmdale, CA
Supervising Building Inspector
2018 – 2019
Oversaw plans, supervision, coordination, and assignment of activities and operations of building inspection within the Building & Safety Division of the Development Services department. Performed sensitive and difficult inspections. Projects included multi-family, commercial, single family, and city capital improvement projects.
County of San Bernardino – Hesperia, CA
Regional Building Inspector Supervisor
2015 – 2018
Supervised 3 County Satellite offices including Inspection, Plan Check, Counter Duty, and Permit Technicians. Conducted CASp inspections throughout the county. Performed inspection of County capital improvement projects.
Right at Home Construction Services – El Cajon, CA
Building Inspector
2006 – 2015
Directly supervised the design, construction, and completion of a Clinical Manufacturing Facility (CMF – Inspection of new residential projects in single- and multi-family homes. Checked construction including MEP’s, framing, lath and roofing, and all structural and life safety components to ensure code standard.
JAS Pacific – Barstow, CA
Building Inspector
2004 – 2006
Inspection of residential, commercial, and industrial projects throughout City.
Raney’s Masonry – Hesperia, CA
Masonry Superintendent
1996 – 2004
Managed the daily operations of a masonry construction company. 617
Ana Ortiz
Senior Permit Technician
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Experience Summary
Ana is a qualified Permit Technician with over five years of experience in the building and safety industry. Her professionalism in her approach to conflict resolution and client communications also makes her an excellent candidate for any role involving customer service and public relations. Ana is especially helpful in this arena because of her proficiency in English as well as Spanish, both written and spoken language. Detail-oriented, Ana is highly organized and sets high personal standards for her own performance with each task she is assigned. This, paired with her dynamic talent and personal drive, renders her an asset to any team.
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4LEAF, Inc.
Senior Permit Technician
2021 - Present
Ana helps contribute to the productivity of 4LEAF’s Building Department by executing lead, advanced, technical, and paraprofessional duties regarding the receipt, processing, and review of building permit applications in addition to other related applications for all phases of construction. Ana’s duties include:
• Evaluating, processing, implementing, and explaining technical information involving plans, specifications, blueprints, and other documentation.
• Maintaining, reviewing, and interpreting laws, policies, procedures, regulations, specifications, maps, building plans, construction sites, graphs, and statistical data. • Utilizing fee schedules and calculations including square footage to determine values, calculates and assess preliminary and final fees, and collects, records, and balances permit related monetary transactions.
• Managing plan review, reviewing plan checks for consistency and accuracy, and coordinating and examining project submittals.
• Performing all other related tasks as assigned.
VCA Code – City of Adelanto, CA
Permit Technician II
6/2019 - 5/2021
On a consistent basis, Ana exercised her knowledge of construction drawings and blueprint reading, building codes and ordinances, and office procedures and practices. These duties included:
• Grasping, explaining, and objectively applying policies, laws, codes, and regulations to projects. • Examining building permit applications to verify correctness and completeness. • Objectively and tactfully addressing the public’s questions and complaints pertaining to the permit application process.
• Processing over-the-counter permits for electrical, repair, plumbing, and mechanical residential applications and verifying code compliance.
Experience
5+ years
Certifications
ICC Reinforced Concrete Special Inspector
ICC Structural Masonry Special Inspector
ICC Spray Applied Fire Proofing Inspector
Software
Microsoft Suite
Adobe Acrobat
GIS
Trak It
WordPerfect
Oracle 10 Key by Touch
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Ana Ortiz
Bureau Veritas North America – City of Garden Grove, CA Permit Technician
10/2018 - 6/2019
• Reviewed and accepted planning and building applications, then calculated fees and inputted data into permitting software.
• Distributed plans and applications pursuant to internal procedures, scheduled inspection requests, and responded to public records requests.
• Responded to planning and building related inquiries, including making independent interpretations and application of pertinent.
• Reported project and permit status to architects, project managers, and department staff. • Maintained responsibility over gas and electrical releases. • Assisted with building abatement and code enforcement related issues.
Bureau Veritas North America – City of Corona, CA
Permit Technician
2/2018 - 10/2018
• Performed routine, complex technical work at the public service counter. • Interpreted policies and procedures and enforced Federal, State, and Local code requirements for projects throughout all phases of construction
• Reviewed and processed applications, issued permits, and calculated and collected fees. • Permitted to train new staff on counter responsibilities, procedures, and processes. • Verified contractor licenses, worker’s compensation, and insurance requirements to be met.
Interwest Consulting Group – City of Rialto, CA
Permit Technician / Administrative Assistant
12/2015 - 2/2018
• Reviewed permit applications, issued permits, and calculated a variety of fees in accordance with fee schedules.
• Received and processed requests for inspections and coordinated and distributed inspection schedules.
• Performed diverse clerical duties which included constructing forms and reports, and index scanning documents for building and code enforcement.
• Utilized Onbase, MS Word, Excel, and 10 key software to perform tasks on a daily basis.
ASRC Primus Inc. – CA
U.S. Citizenship and Immigration Services Office Admin
3/2012 - 12/2015
Ana assisted the USCIS Adjudication functions by providing clerical and administrative support during the processing of Naturalization applications for citizenship as well as Adjustment of Status. Ana’s duties included:
• Producing Naturalization certificates and reviewing products for any discrepancies post creation. • Interfiling of documentation needed for the adjudication of applications and petitions, running daily script reports, and updating file information.
• Serving as a clerk for the United States Circuit Court. • Utilizing her certifications for the National File Tracking System (NFTS) and Quality Control of Files and CIS System Inquiries.
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Christopher L. Garramone
Building Inspector
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Experience Summary
With over 43 years of specialized electrical field experience in all aspects of commercial and industrial electrical inspection, Christopher Garramone exhibits a valuable skillset and is an asset to the projects he is assigned. Adept in management, design, installation, termination, and control as a Quality Assurance (QA) Manager, Quality Control (QC) Electrical Inspector, Consultant, Electrician, and Supervisor, Christopher’s professional experience is practiced, successful, and ever-growing. He has been involved in several energy projects for the California Energy Commission ranging from the CPV Sentinel Project to the Ivanpah Project.
His proven track record of maintaining expert communication skills with clients, craftsmen, contractors, and government agencies help bring projects in on time, on budget, and to successful completion of project goals. He is skilled in his craft and has a wealth of energy experience that provides the needed time, effort, and quality to client projects.
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4LEAF, Inc.
Building Inspector
Christopher is our lead Inspector in energy-related projects that require an expert hand. He leads inspections and provides management for all teams involved to reach successful project completion.
West Coast Code Consultants
Lead Building Inspector
Pio Pico Energy Center
Lead Inspector for the Pio Pico Energy Center, 318 MW, LMS 100 power project, privately owned for the California Energy Commission, located on the Otay Mesa in San Diego County.
Carlsbad Energy Center
Commercial / Industrial Building Inspector
Carlsbad, CA
Building Inspector on staff for the 500+ MW, LMS 100 gas turbine power project Carlsbad Energy Center, Carlsbad, CA for NRG Energy.
Experience
43+ years
Registrations/Certifications
NFPA 70E Certified Electrical Safety
Compliance Professional (CESCP)
Licensed Electrical Contractor
ICC E-1 Residential Electrical Inspector
ICC E-2 Commercial Electrical Inspector
ICC Building Inspector
CAL EMA Safety Assessment Program
FHA 203K Consultant Certification
PVI – Boiler Technician Certification
Building Specs Inc., Pool, Spa, Pier &
Bulkhead Inspections Certification
Building Specs Inc., Home Inspection
Education Course Certification
Advanced Auto CAD 2000 Certification
Professional Affiliations
International Code Council
International Conf. of Building Officials
National Fire Protection Association
American Construction Inspectors Assoc.
Divers Alert Network
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Christopher L. Garramone
Bureau Veritas, North America
Solar Electrical Inspector
County of Fresno (Various Projects)
Inspected multiple new solar installations for the County of Fresno including: Terranova Helms Solar, Helms, CA; FCP Solar Project, Kerman, CA; JSA Phelps/CalCom Solar, Coalinga, CA. Additionally, the Chevron Cogen Upgrade for Fresno County, Coalinga, CA was inspected.
Quality Assurance Inspector
Edgewater Project
Edgewater Unit 5 Air Quality Control System (AQCS)-Alliant Energy, Wisconsin Power and Light Company. Duties included field surveillance and reporting on construction activities to the Project Owners of the EPC and their subcontractors. Assisting the owner’s engineering staff with Inspection Test Plan (ITP) review and verification. Field installation personnel utilized these ITP plans.
Electrical Inspector
Ivanpah Project
Ivanpah Solar Generating System- California Energy Commission / BrightSource Energy. Duties included providing support for the CBO and staff, including field inspections, and verifying test results. Ivanpah Solar Energy Generating System (ISEGS) is a 392 MW (gross) solar thermal power facility developed by BrightSource Energy. Utilizing BrightSource Energy efficient and environmentally responsible LPT 550 technology, the project combined innovative solar technology with conventional, off-the-shelf power components to produce clean, reliable power at scale.
Electrical Inspector
CPV Sentinel Project
California Energy Commission / Competitive Power Ventures. Duties included field inspections, documentation of inspections and support of the Senior On-Site Inspector. Project consisted of eight natural gas-fired, GE Energy LMS-100 Combustion Turbine Generators (CTGs)operating in simple cycle mode. Each exhaust stack being 13.5 feet in diameter and 90 feet tall. The station produces up to 850MW power in Desert Hot Springs, CA.
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Steven Martinez
Building Inspector II
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Experience Summary
Steven is a highly experienced professional with over 11 years of construction industry experience. His expertise in applying technical knowledge and following proper inspection techniques make him a dedicated team player with the multitasking skills needed to productively navigate between autonomous and collaborative assignments. In addition to his notable certifications, Steven has the work experience necessary to achieve project goals and a remarkable attention to detail when it comes to detecting deviations from plans, regulations, and standard construction practices.
Steven’s impressive work ethic, along with his ability for developing relationships with clients, architects, engineers, and colleagues, make him a valuable addition to any jurisdiction, team, or project he is assigned.
Select Professional Experience
4LEAF, Inc.
Building Inspector II
2023 – Present
Steven performs services in the capacity of a Building Inspector II throughout Southern California jurisdictions on behalf of 4LEAF. His inspection expertise includes building, mechanical, electrical, and plumbing, of which he performs quality inspections for commercial and residential projects, such as new dwellings, additions, and remodel work.
A-1 Inspections
Building Inspector
2013 – 2023
• Examined buildings and structures for adherence to codes, ordinances, and specifications. • Oversaw alterations and repairs.
• Ensured construction within jurisdiction was compliant. • Worked on various project types, including tenant improvement upgrades, tilt up warehouse (20,000 sq. ft. – 2,000,000 sq. ft.), border wall construction, and a variety of military bases.
Experience
11+ years
Certifications
ICC Reinforced Concrete
ICC Structural Welding
ICC Structural Steel and Bolting
ICC Spray Applied Fireproofing
ICC Prestressed Concrete
ICC Structural Masonry
ICC Commercial Building Inspector
ACI Concrete Field-Testing Technician –
Grade I
Software
Microsoft Suite
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Jerome Hoberg
Senior Plans Examiner / Architect
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Experience
40+ years
Education
B.A. in Architecture
Cal State Poly – San Luis Obispo
Certifications
CASp-720
SAP-ID 78843 Cal OES CA DSW Local
Architectural License NV-5282
NCARB-59308
Architectural License CA-C21242
Skills
MS Office Suite
DigEplan Software
T-24 & California Green code
CASp
ARCE Structures
Experience Summary
With a strong background of 40+ years, Jerome brings with him expert- level experience in managing, directing, and reviewing a wide range of construction projects. He is skilled in working in the capacity of a building official, senior inspector, and plan reviewer. Jerome is skilled at the application of building practices, evaluating plans, resolving unexpected site conditions, and regulatory compliance issues involving federal, state, and local requirements. He works effectively with developers, engineers, architects, contractors, building officials, and other industry professionals. Jerome provides results and the highest level of service to all clients as well as excellent leadership, communication, and relationship building skills. He is a certified CASp specialist and holds architectural licenses in both California and the State of Nevada.
Select Professional Experience
4LEAF Inc.
Senior Plans Examiner
2022 – Present
Jerome performs plan reviews for residential and complex commercial project throughout Northern California on behalf of 4LEAF.
Napa County PBES (Building Division)
Plans and Permit Supervisor
March – July 2021
• Worked with report directly to the process improvement and code enforcement manager of PBES Napa County on matters related to problematic code enforcement cases including project field visits and resolutions, stakeholders stakeholder meetings, requested applicant meetings, alternative means applications, fee studies/construction valuation estimates prepared for FEMA grant requests, and related CALOES.
• Worked with policy and municipal code revisions for public works as well as aid surrounding jurisdictions.
• Worked as required on sensitive politically driven projects requiring resolutions. 623
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Jerome Hoberg
• Supervised plans examiners and reviewed complex multi-occupancy projects including wineries combined with caves as well as processing and reviewing extensive numbers of 7-day expedited Fire Rebuild projects, and other project typologies.
• Reviewed grading permits for the applications.
• Supervised over the counter permitting, and quick permits while managing standard permits as well as all outside consultant assignments and fire rebuilds.
Napa County PBES (Building Division)
Plans Examiner
2015 – 2017
• Performed plan review on construction documents and specifications for buildings and structures proposed for construction including alterations and additions in accordance with the California series of building codes utilizing state and local ordinances. • Prepared written comments relating required code compliance corrections, omissions, and lack of construction document coordination between drawings and specifications including structural calculations and drawings, architectural, mechanical, plumbing, electrical, T-24, and the California Green Code.
• Obtained CASp certification and reviewed submittals for accessibility compliance and would occasionally go into the field to perform accessibility inspections for compliance with applicable codes and construction documents.
El Dorado Savings Bank
Architect
1997 - 2021
• Provided architectural services such as design/construction documents, permit processing, construction administration, existing facilities for code and accessibility compliance. • Designed/Prepared construction documents, processed permits as their agent, and provided construction administration for 8 new structures (banks and a warehouse operation building). • Represented client on sensitive agricultural issues in development stages of many of their projects including wetlands mitigation banking and working with the army core of engineers for approval including administration of all required environmental studies associated with developing projects.
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PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION D
REFERENCES
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 48 Section D: References August 17, 2023
SECTION D: REFERENCES
Agency Name: City of Rialto
Contact Name: Jesse Sanchez, Building Official
Contact Telephone: (909) 820-2689
Contact Email: [email protected]
Services: Fire & Building Plan Review, Inspection, and Permit Technician Services Date of Service: 2021 - Present
Agency Name: City of Victorville
Contact Name: Joseph Sleghers, CBO, CFM, Building and Fire Official Contact Telephone: (760) 662-3103
Contact Email: [email protected]
Services: Building Inspection and Fire Prevention Services Date of Service: 2018 - Present
Agency Name: County of Los Angeles
Contact Name: Justin Soo Hoo, P.E.
Contact Telephone: (626) 485-5100
Contact Email: [email protected]
Services: Building Inspection and On-Call Permit Technician Services Date of Service: 2019 - Present
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PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION E
AUTHORIZATION
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 49 Section E: Authorization August 17, 2023
SECTION E: AUTHORIZATION
I, Kevin J. Duggan, President, state that I am an official authorized to bind the firm. 4LEAF’s proposal to provide Plan Review and Inspection Services for the City of Fontana shall remain effective for a minimum of ninety (90) days beyond the date of submittal.
Sincerely,
4LEAF, Inc.
Kevin J. Duggan
President
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PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION F
INSURANCE
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
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SECTION F: INSURANCE
4LEAF has reviewed the Indemnification and Insurance requirements in the consultant services agreement. 4LEAF agrees to provide the required insurance coverage and understands that coverage is a prerequisite for entering into an agreement with the City. Please see attached proof of coverage specific to the City of Fontana. 630
PLAN REVIEW AND INSPECTION SERVICES,
RFP BS-24-05-SP
SECTION G
PROFESSIONAL FEE
CITY OF FONTANA
4LEAF, INC.
TO THE
PROPOSAL TO PROVIDE
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Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 51 Section G: Professional Fee August 17, 2023
COST PROPOSAL
FY2023-2024 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF FONTANA
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 70%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $130 Non-Structural Review
$150 Structural Review
Fee includes:
Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
Shipping, courier, and electronic service.
Building
Structural Plan Review Engineer ........................................................................................................$150/hour Non-Structural Plans Examiner ..........................................................................................................$130/hour Certified Access Specialist (CASp) Inspector ......................................................................................$155/hour Certified Access Specialist (CASp) Plans Examiner.............................................................................$155/hour Senior Combination Building Inspector (Building Inspector III) .........................................................$125/hour Commercial Building Inspector (Building Inspector II) ......................................................................$115/hour Residential Building Inspector (Building Inspector I)..........................................................................$105/hour Supervising Inspector of Record.........................................................................................................$169/hour Inspector of Record ............................................................................................................................$149/hour DSA Class 1 / OSHPD A Inspector .......................................................................................................$175/hour DSA Class 2 / OSHPD B Inspector .......................................................................................................$145/hour DSA Class 3 / OSHPD C Inspector........................................................................................................$103/hour Hourly overtime charge per inspector....................................................................................... 1.5 x hourly rate Mileage (for inspections performed within the City)........................................................................IRS Rate + 20%
BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. 632
Proposal to Provide Plan Review and Inspection services to the City of Fontana, RFP BS-24-05-SP Page 52 Section G: Professional Fee August 17, 2023
• All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• These above rates reflect the FY2023-2024 contract period. 4LEAF assumes a 3% escalation for FY2024- 2025, FY2025-2026, upon market conditions.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. 633
Proposal to Provide
Plan Review and Inspection Services
BS-24-05-SP
Prepared by:
BPR Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
August 17, 2023
Prepared for:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
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CITY OF FONTANA
PROPOSAL | PLAN REVIEW AND INSPECTION SERVICES | BS-24-05-SP BPR
TABLE OF CONTENTS
COVER LETTER...................................................................................................................1 Introduction.........................................................................................................................1 Contact Details ....................................................................................................................1 SECTION A | METHODOLOGY / APPROACH......................................................................3 Project Understanding & Approach ...................................................................................3 SECTION B | QUALIFICATIONS........................................................................................12 Firm History ......................................................................................................................12 Project Experience............................................................................................................13 Management Team...........................................................................................................19 SECTION C | PERSONNEL ................................................................................................21 Organization Chart ...........................................................................................................21 Staff Biographies ..............................................................................................................22 Licenses and Certifications ..............................................................................................28 SECTION D | REFERENCES...............................................................................................35 SECTION E | AUTHORIZATION ........................................................................................36 SECTION F | INSURANCE .................................................................................................37 SECTION G | PROFESSIONAL FEE............................ Submitted Separately via PlanetBids APPENDIX | RESUMES
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COVER LETTER / INTRODUCTION
August 17, 2023
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
RE: Proposal to Provide Plan Review and Inspection Services | BS-24-05-SP Thank you for the opportunity to present our proposal to provide Plan Review and Building Inspection Services to the City of Fontana. Our proposal provides a detailed introduction to our firm and an overview of the services provided by BPR Consulting Group (BPR). We understand that the City of Fontana is looking to partner with highly qualified consultants that possess the expertise, experience and resources available to assist the City in providing professional and timely plan review and building inspection services. BPR fully understands the scope of work as outlined in the RFP and is well-equipped to provide the City with the requested services in a professional and customer-focused manner.
As our proposal will demonstrate, our talented staff of ICC certified Plans Examiners and Building Inspectors, Licensed Engineers, Architects, and OSHPD and CASp experts have extensive experience providing plan review and building inspection services similar to those being requested by the City of Fontana. BPR’s staff members have previous experience providing these services for numerous public agencies throughout the State of California including the cities of Ontario, Eastvale, Gardena, Chino Hills, Garden Grove, Inglewood, Monterey Park, Anaheim, Corona, El Monte, Wildomar, Costa Mesa, Lemoore, Richmond, Sacramento, Stockton, San Ramon, Milpitas, Vallejo, Elk Grove, Calistoga, Napa, Manteca, and Turlock, to name a few.
BPR’s staff of experienced building safety personnel provide high quality, thorough plan review and inspection services for our clients and their permit applicants. Our qualified professionals and expertise allow us to assist you and your department in maintaining timely plan review service levels and next day building inspection services during periods of increased workload and staffing fluctuations. Unlike the large national firms, BPR’s services are focused on supporting California communities in the delivery of high-quality, building plan review and building inspection services, tailored to your community’s specific needs, with the goal of exceeding our clients’ expectations by:
Providing all services in a cost-effective manner.
OFFERING FIRM:
BPR Consulting Group
LOCAL ADDRESS:
316 Tejon Place
Palos Verdes Estates, CA 90274
MAILING ADDRESS:
2201 Francisco Drive, #140-658
El Dorado Hills, CA 95762
PRIMARY CONTACT &AUTHORIZED
REPRESENTATIVE:
Ron Beehler, SE, CBO
Principal-in-Charge
916.204.3178
[email protected]
Fax: 916.562.3600
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CITY OF FONTANA
PROPOSAL | PLAN REVIEW AND INSPECTION SERVICES | BS-24-05-SP BPR
Providing qualified and experienced personnel who have the ability to thoroughly plan review and inspect all aspects of projects and effectively identify, communicate and explain relevant code requirements to designers, contractors, and owner builders. Providing a high level of customer service for internal and external customers. Balancing the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.
Providing services in a timely manner.
The team proposed to serve the City of Fontana are all appropriately licensed in the State of California or ICC Certified and are experienced and well-versed in providing the requested plan review and building inspection services in support of California Building Departments. We will not be utilizing any subconsultants to provide the requested services.
BPR’s plan review staff is experienced with and utilizes Bluebeam software to perform electronic plan reviews for many of our clients. Our proposed plan review team have extensive experience providing plan review services In electronic format. For assigned plan reviews utilizing paper documents, we will provide pickup and delivery of the paper documents at no cost to the City.
Ron Beehler, SE, CBO, will serve as Principal-in Charge and be the primary point of contact during the proposal process. Ron is authorized to bind the firm to all commitments made in our proposal, which shall remain a firm offer for 90 days beyond the due date of this submittal. Mark Berg, CBO, MCP, ICC, will serve as Project Manager and work with the City to ensure all services are delivered in an efficient and timely manner. Bill Rodgers, SE, will serve as Plan Review Manager. These three individuals will be supported by a team of experienced multi-disciplinary building department professionals to include ICC certified plans examiners, licensed engineers, ICC certified inspectors, registered architects and other building safety professionals. We have included an organization chart, brief biographies and a table of our team’s licenses and certifications in Section C of our proposal.
Please feel free to contact me at [email protected] or 916.204.3178 if you have any questions concerning our qualifications or the services we provide. Thank you for taking the time to review our proposal. We look forward to the opportunity to work with the City of Fontana.
Sincerely,
BPR CONSULTING GROUP
Ron Beehler, SE, CBO
Director of Client Services
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PROPOSAL | PLAN REVIEW AND INSPECTION SERVICES | BS-24-05-SP BPR
Section A
METHODOLOGY / APPROACH
BPR Consulting Group is qualified and interested in supporting the City of Fontana by providing the requested Plan Review and Inspection Services. We provide these same services to communities throughout the state, including many nearby Southern California municipalities. We maintain a highly qualified staff of experienced building safety professionals in the Inland Empire area to support the plan review and building inspection needs of our clients. We are familiar with and possess a strong understanding of State, County, Local and other applicable code-related requirements.
The founders of BPR share the values of providing quality services and a very high level of customer service to our clients. Our focus is to support California building departments in a professional manner allowing our clients the ability to provide efficient, timely and professional building safety services for the communities they serve.
BPR Consulting Group understands that the City of Fontana is looking to partner with highly qualified consultants who can support the City’s plan review process and inspection services. We further understand that the requested services include the plan review and inspection of any and all types of structures including, but not limited to, single family dwellings, multi-family dwellings, industrial and commercial buildings, and grading, to ensure compliance with all adopted codes, local ordinances, and state and federal laws.
BPR is highly qualified and interested in providing the requested plan review and inspection services with staff that possess the appropriate experience, qualifications, education and licenses or certifications.
From the RFP, we understand and are able to provide the following:
• BPR Plans Examiners will perform plan review of a multitude of building types to include residential, industrial and commercial buildings, grading and review of all other types of structures to ensure compliance with local, state and federal regulations as it relates to the adopted California Building Standards Code.
• BPR’s Inspectors will perform assigned field inspections of permitted structures to include residential, commercial and industrial buildings, grading, and all other types of structures under construction to ensure compliance with applicable ordinances, regulations and laws pertaining to Building and Safety and the adopted California Building Standards Code As enforced by California building departments. • For paper submittal documents, we will arrange for all pick-up and delivery of the plan review documents from the City of Fontana’s office of Building and Safety at no additional cost All plan review services will be coordinated from BPR’s local Riverside office which is located less than 15 miles from the City of Fontana’s office.
In addition to the experience
and qualifications required to
successfully perform the
requested services, BPR and
the staff proposed to serve
the City also possess the
desire to provide unmatched
customer service which
stems from ongoing
dedication to building
relationships with City staff
and its constituents.
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CITY OF FONTANA
PROPOSAL | PLAN REVIEW AND INSPECTION SERVICES | BS-24-05-SP BPR
• As requested in the RFP, BPR will verify proper calculation of all Building and Safety related fees, based on the City of Fontana's adopted fee resolution.
• BPR will meet or exceed the City of Fontana’s turnaround schedule and are able to provide expedited plan review services when requested. BPR’s standard turn-around time (including transportation of plans) for the first initial plan review is 10 working days and our standard turn-around time for each subsequent plan review (recheck) is 5 working days.
• BPR Plans Examiners will provide two completed, typed listings of all required plan corrections, including sample resolutions and a comment letter. Plan review corrections when necessary, will reference the specific plan page and detail number and include the specific code section in conflict. • BPR staff will attend required meetings related to the plan review or field inspection of assigned projects either in person or virtually as required. Our team has become efficient with the use of electronic meeting platforms such as Microsoft Teams, Zoom, and others which allow for efficient and constructive communication between parties located throughout the United States. Utilizing these platforms has become an efficient tool for resolution of challenging issues both during plan review and field inspections.
• BPR staff are proficient and highly experienced in providing electronic plan review services and has done so for many jurisdictions throughout the state. We are prepared to provide electronic plan check services for your community utilizing the Bluebeam electronic plan review system, or any other system as required. Bluebeam is our preferred electronic plan review platform and our staff proposed to provide services to the City of Fontana are extensively experienced with its use.
PROJECT APPROACH
In addition to the information outlined above, on the following pages you will find additional details on BPR’s ability, qualifications and approach in providing the requested services.
PLAN REVIEW
BPR’s staff possesses significant technical capabilities in all areas of plans examination competency gained from years of experience providing these same services to multiple California building departments. All plans examiners are California Licensed Engineers or ICC Certified Plans Examiners with multiple years of experience providing plan review services. Our staff will conduct accelerated or project-specific phased plan reviews on an as-needed basis as requested by clients.
Plans examiners will provide comprehensive plan review services to the city and review submitted project documents for compliance with all applicable Federal, State and local codes and ordinances. Disciplines will include, and are not limited to Civil, Building, Plumbing, Electrical, Mechanical, Green Building, Energy Conservation, Geotechnical, Structural and CASp.
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CITY OF FONTANA
PROPOSAL | PLAN REVIEW AND INSPECTION SERVICES | BS-24-05-SP BPR
Our plans examiners have a thorough understanding of code requirements, are able to read, understand and interpret construction documents, topography and grading plans, energy calculations, geotechnical reports, structural calculations, electrical load calculations, commissioning reports, and other associated design documents. Our plans examination staff have the ability to prepare well-written plan review letters, communicate effectively orally and in writing and work effectively with City staff, project design teams, contractors and permit applicants. Our plans examiners possess knowledge of the most current state and local adopted building standards.
Architectural
BPR’s non-structural plans examiners have provided plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 2, 3 and 5 medical office buildings.
Many of our plans examiners are CASp certified. Completed plan review projects range from single-story residential projects to complex high-rise commercial buildings and numerous building additions and remodels.
We are experienced and familiar with the use and application of the most current editions of the following model codes:
California Building Standards Code
(Title 24) Parts 1 through 6 and 9
International Building Code (IBC)
Americans with Disabilities Act
Standards for Accessible Design
ANSI Standards
NFPA Codes & Standards
CA Code of Regulations (CCR) Titles 19 and 25
Jurisdiction-Adopted Amendments or Ordinances
CA Existing Building Code
CA Historical Building Code
Structural
Our structural engineers have experience designing and reviewing building projects subjected to the significant seismic loads necessitated by the geographic location of the City of Fontana. Our structural engineers have reviewed all types of projects including residential, multi-family, commercial, and multi-story projects including mid-rise and high-rise projects, institutional projects, industrial projects, retail buildings, schools, medical office buildings and court facilities.
Our structural engineers have experience designing and reviewing projects constructed with all building materials including the following:
Wood
Reinforced Masonry
Heavy Timber / Timber Frame / CLT
Reinforced and Prestressed Concrete
Stressed Skin Panels
Structural Steel
Light Gauge Steel Framing
Straw Bale
Rammed Earth
Insulated Concrete Forms, (ICF)
Our engineers have designed or reviewed a wide array of structural lateral force resisting systems including:
Structural steel moment frames
Buckling-restrained braced frames
Eccentric braced frames
Concentric braced frames
Concrete moment frames
Masonry shear wall systems
Concrete shear wall systems
Cantilevered column systems
Pre-stressed and post-Tensioned Concrete
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PROPOSAL | PLAN REVIEW AND INSPECTION SERVICES | BS-24-05-SP BPR
Wood shear wall systems Various proprietary lateral force resisting systems
Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of:
CCR Title 24, Part 2, Volumes 2 & 2.5
International Building Code (IBC)
AISC 341, 358 and 360
ASCE 7
ASCE 41
AISI Standards for Cold Formed Steel
ANSI / AF&PA NDS for wood framing
ACI 318
ACI 530 / TMS 402/602
CA Historic Building Codes
CA Existing Building Codes
NEHRP
Mechanical, Plumbing & Electrical
BPR’s Mechanical and Electrical Engineers are well versed in the California Mechanical, Plumbing and Electrical codes. We will review submitted design documents to ensure compliance to the current edition of the following codes:
California Building Code
California Residential Code
California Plumbing Code
California Mechanical Code
California Electrical Code
Jurisdiction-adopted amendments
Fire Code Plan Reviews
Our experienced and licensed professional Fire Protection Engineering staff and certified Fire Plans Examiners are properly trained and prepared to address any fire safety plan review needs. If requested, our fire safety plan review staff can quickly and accurately check plans for compliance with applicable fire codes and standards.
Our fire protection staff routinely review and inspect projects for compliance with CA Fire Code fire and life safety regulations.
Our Fire Plans Examiners have extensive experience in the use and application of the following model codes, standards, and regulations:
California Fire Code (CFC) and California Building Code (CBC), with local amendments and regulations. Adopted National Fire Protection Standards
California Health and Safety Code
Appropriate listings (CSFM, U.L., etc.) for common systems and materials Fire Department Standards
Municipal, State or Federal regulations enforced by local Fire Agencies NFPA Standards 13 (automatic fire sprinkler systems
NFPA Standards 14 (standpipes)
NFPA Standards 20 (fire pumps)
NFPA Standards 72 (fire alarms)
NFPA Standards 96 (smoke control)
NFPA 101 Life Safety Code