FINANCIAL IMPACT
The total cost to purchase nine (9) new police patrol vehicles from Olathe Ford Inc. is $513,975.87. Funding will be from the Fleet Management Fund. The surplus vehicles will be sold at public auction, proceeds will be deposited in the Fleet Management Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to issue a purchase order in the amount of $513,975.87 to Olathe Ford Inc., for the purchase of nine (9) new police patrol vehicles through Sourcewell Contract #032824-OLA.
By: Steve Sudduth, Fleet Maintenance Supervisor
ATTACHMENT(S)
1. Olathe Quote
664
Purchase Order / Quote
OLATHE FORD SALES INC Date 5/24/2026
SANDRA GONZALEZ Valid Until 6/24/26
GOVERNMENT MANAGER Contract SOURCEWELL - 032824
DIRECT - 913-312-5371 PO
Lead Time 12-16 WEEKS
Customer: Invoice Address: Delivery Address:
GARDEN GROVE Same
STEVE SUDDETH
Description - Vehicle Preview Details Line Total
2026 FORD POLICE INTERCEPTOR UTILITY - PATROL $47,920.00 K8A0 POLICE INTER UTILITY AWD
.119 INCH WHEELBASE
TOTAL BASE VEHICLE
AGATE BLACK METALLIC
CLOTH BUCKETS/VINYL REAR SEATS
ONYX INTERIOR
EQUIPMENT GROUP 500A
.FM STEREO
3.3L TI-VCT V6 ENGINE
10-SPEED AUTO TRANSMISSION
HID PLUNG W/R HNDL INOPERABLE
FORD FLEET SPECIAL ADJUSTMENT
50 STATE EMISSIONS
SPOT LAMP LED DUAL - WHELEN
KEYED ALIKE -KEY CODE 1284X
NOISE SUPPRESSION BOND STRAPS
REAR DR HNDL AND LOCKS INOPR
DEFLECTOR PLATE
REAR CONSOLE MOUNTING PLATE
¼ SIZE PICTURE IN PICTURE
FRONT LICENSE PLATE BRACKET
BLACK AND WHITE $1,600.00
FACTORY OPTION TOTAL $1,882.00
Subtotal less trade-in $51,402.00
Special Notes and Instructions Sales Tax 8.75% $4,497.68 MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION, TAXES AND TITLING QUOTES ARE ONLY VALID UNTIL CURRENT MODEL YEAR ORDER BANK CLOSES. OLATHE FORD
RESERVES THE RIGHT TO CHARGE CUSTOMER FOR FLOORPLAN IF UPFITTING TAKES AN EXCESSIVE AMOUNT OF TIME.
PAYMENTS FOR VEHICLES MUST BE MADE WITHIN 30 DAYS OF INVOICE OR OLATHE FORD RESERVES
THE RIGHT TO CHARGE FLOORPLAN INTEREST FOR EACH DAY INVOICE IS OVERDUE
Tire Tax 0 $8.75
Extended Warranty $0.00
Flooring $0.00
Delivery $650.00
Docs & Registration $550.00
Total Per Unit $57,108.43
Quantity of Units 9
PO Total $513,975.83
Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change.
Please confirm your acceptance of this quote by signing this document, and returning your PO.
Signature
Print Name
Date
If you have any questions concerning this quote, contact Sandra Gonzalez Thank you for your business!
1845 E SANTA FE, OLATHE, KS 66062
505-850-5504 - [email protected]
665
Item 269/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept.: City Manager Dept.: Public Works
Date: 6/23/2026
Subject: Award a contract to RJ Noble Company for the 2026 Residential Streets Rehabilitation Project, City Project No. CP-1517000 (Cost: $693,954) (Action Item)
OBJECTIVE
For City Council to award a contract to RJ Noble Company for the 2026 Residential Streets Rehabilitation Project, City Project No. CP-1517000, for the following street segments: Banner Drive from Newhope Street to Harbor Boulevard, Glen Cove Drive from Newhope Street to Rockinghorse Road; Rockinghorse Road from Banner Drive to Cul-de-sac; Sorrell Drive from Banner Drive; Marauder Circle from Glen Cove Drive; Buccaneer Circle from Glen Cove Drive; Corsair Circle from Glen Cove Drive; and Viking Circle from Glen Cove Drive. (See Attachment 2).
BACKGROUND
Each street will be addressed with different rehabilitation measures to properly manage the unique circumstances and will involve some or most of the following elements: cold milling, roadway excavation, removing and reconstructing failed pavement areas, asphalt paving, ARAM surface treatment, slurry seal, Portland cement concrete improvements, adjustment of utility covers to finish grade, installation of catch basin filters; restoration of traffic striping, pavement marking and markers, and reestablishment of centerline ties and monuments.
DISCUSSION
Staff solicited bids for this project pursuant to Municipal Code Section 2.50.100. Five (5) qualified bids were received at the City Clerk's office by 11:00 a.m. on June 2, 2026. The lowest qualified contractor was RJ Noble Company, with a total bid of $693,954. This bid amount is within the current project budget. The licenses and references of the contractor have been reviewed and verified by staff and all other documentation is in order except for a few forms that were to be submitted with the bid, which all bidders missed, but which will be submitted by the contractor prior to commencing the work. 666
Item 269/2026
The anticipated contract schedule is as follows:
Award contract - June 23, 2026
Begin construction (estimated) - August 24, 2026
Complete construction (estimated) - October 19, 2026
FINANCIAL IMPACT
The cost of the contract with RJ Noble Company for the 2026 Residential Streets Rehabilitation Project, City Project No. CP-1517000 is $693,954. Funding for the project is included in the adopted Fiscal Year 2026-27 Capital Improvement Plan budget and is funded from the Gas Tax and Community Development Block Grant (CDBG) funds.
RECOMMENDATION
It is recommended that the City Council:
Award a contract to RJ Noble Company, in the amount of $693,954 for the 2026 Residential Streets Rehabilitation Project, City Project No. CP-1517000, and waive minor irregularities; and
Authorize the City Manager, or designee, to execute an agreement with RJ Noble Company, and make minor modifications as appropriate thereto on behalf of the City.
By: Lesly Cantarero, Associate Engineer
Attachment 1: Bid Summary
Attachment 2: Location Map
Attachment 3: Construction Agreement
667
ATTACHMENT 1
CITY OF GARDEN GROVE
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
BID SUMMARY SHEET
FOR
2026 RESIDENTIAL STREETS REHABILITATION PROJECT
CITY PROJECT NO. CP-1517000
BID OPENING: DATE: JUNE 2, 2026 TIME: 11:00 A.M.
ENGINEER’S ESTIMATE: $ 752,710.00
Bidder’s Name Total Bid % Under/Over
Engrs. Est
RJ Noble Company, Orange $693,954.00 7.81% Under
Onyx Paving Company, Inc., Yorba
Linda $727,000.00 3.42% Under
All American Asphalt, Corona $734,171.00 2.46% Under
Hardy & Harper, Inc., Lake Forest $785,000.00 4.29% Over Palp, Inc DBA Excel Paving Company,
Long Beach $856,735.50 13.82% Over
668
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C O N S T R U C T I O N A G R E E M E N T
THIS AGREEMENT is made this 23rd day of June, 2026 by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY"), and RJ Noble Company hereinafter referred to as ("CONTRACTOR").
CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the 2026 RESIDENTIAL STREETS REHABILITATION, CITY PROJECT NO. CP-1517000.
CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.
WHEREAS, the Federal Department of Housing and Urban Development is providing partial funding for this Contract to CITY through a Community Development Block Grant; WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as “PROJECT," more fully described as 2026 RESIDENTIAL STREETS REHABILITATION, in the City of Garden Grove; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK• PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY.
Attachment 3
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It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITYs Standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The 2021 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addenda applicable to the Project;
E. All bid documents, including the Notice Inviting Bids, the Special Instructions to Bidders, the CONTRACTOR's proposal, (attached as Exhibit "A"), "Form HUD4010," the Federal Labor Standards Provision of the United States (attached as Exhibit "B"), and "Standard Federal Equal Employment Opportunity Construction Contract Specifications," as established by Federal Executive Order 11246 (attached as Exhibit "C").
F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special Provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed $ Six Hundred Ninety Three Thousand, Nine Hundred Fifty Four Dollars and Zero Cents ($ 693,954.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
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CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice to Proceed is issued and diligently prosecute the PROJECT to completion within Forty (40) working days from the day the Notice to Proceed is issued by DPW excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering into performance of this Agreement, furnish a performance bond, on the CITY's bond form in the amount of one hundred percent (100%) of the Contract price, to guarantee the faithful performance of the work, and a payment bond, on the CITY's form in the amount of one hundred percent (100%) of the Contract price, to guarantee payment of all claims for labor and materials furnished. Bonds submitted on any form other than the CITY's form will be rejected. The 672
SECTION 5 – AGREEMENT
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required bonds shall be from a surety licensed to do business in the State of California and with a current A.M. Best's rating of A-, VII. This Contract shall not become effective until such bonds are supplied and approved by the CITY.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion.
9. WARRANTIES
The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY’s designs, drawings and specifications.
The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Thousand Dollars ($ 2,000.00) per each calendar days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder.
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CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW grants a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR.
12. DEMANDS FOR ADDITIONAL TIME OR MONEY
A. Definitions.
(1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following:
(a) A time extension;
(b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement;
(c) Payment of an amount the CITY disputes;
(d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or
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SECTION 5 – AGREEMENT
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(f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order.
C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater.
D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions.
E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve.
F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time.
G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, 675
SECTION 5 – AGREEMENT
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DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty (30) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. RISK AND INDEMNIFICATION
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All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep the City of Garden Grove, their Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the active negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.
19. INSURANCE
COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall require the carrier or agent to notify the city of any material change, cancellation, or termination at least thirty (30) days in advance. A waiver of subrogation shall be provided by the insurer for each policy waiving subrogation against City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, Claims made and modified occurrence policies shall not be accepted for any policy. All Subcontractors shall be required to provide and maintain the same insurances as required of CONTRACTOR under this contract. CONTRACTOR shall be required to collect and maintain all required insurances from all Subcontractors.
CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.
CONTRACTOR and all Subcontractors shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, and shall issue a waiver of subrogation.
Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
Additional Insured Endorsements, ongoing and products-completed operations, for the Commercial General Liability policy, including mobile equipment and not excluding XCU and on the Contractor’s Pollution Liability policy, if available. Endorsements shall designate City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY. (Form CG 20 26 07 04 & Form CG 20 37 07 04 or equivalent) (Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
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Contractor’s Pollution Legal Liability: Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A- Class VII or better, as approved by Authority. If policy is written on a claims-made form:
1) The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. 3) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy with a retroactive date prior to the contract effective date, the CONTRACTOR must purchase an extended period coverage for a minimum of three (3) years after completion of the contract work. 4) A copy of the claims reporting requirements must be submitted to the CITY for review.
An Additional Insured Endorsement for an Automobile Liability policy and shall designate City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY. (Form CA 20 48 02 99 or equivalent) (Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
In the event any of CONTRACTOR’S underlying policies do not meet policy limits as required here in, CONTRACTOR shall provide the schedule of underlying polices for a follows form excess liability policy, state that the excess policy follows form on the insurance certificate, and an additional insured endorsement for the excess liability policy designating City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, as additional insureds. (Claims made and modified occurrence policies are not acceptable; Insurance companies must be acceptable to CITY and have a minimum A.M. Best Guide rating of A-, class VII or better, as approved by CITY).
For any claims related to this Project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY. Any insurance or self-insurance maintained by the City of Garden Grove, their officers, officials, employees, agents, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by the CITY, shall be excess of the CONTRACTOR’s insurance and not contribute with it.
Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:
CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Contract.
Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better (claims made and modified occurrence policies are not acceptable):
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Workers’ Compensation As required by the State of
California.
Employer’s Liability Not less than $1,000,000 per
accident for bodily injury or disease.
Commercial General Liability
(including on-going operations, products
- completed operations, and mobile
equipment, and not excluding XCU)
Contractor’s Pollution Legal Liability
Not less than $5,000,000 per
occurrence for bodily injury,
personal injury and property
damage.
Not less than $1,000,000 per occurrence
Automobile Liability, for all automobiles
including non-owned and hired vehicles
Not less than $2,000,000 combined
single limit for bodily injury and
property damage.
Follows Form Excess Liability Required for any underlying policy that does not meet the underlying
policy limits required herein.
If contractor maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher limits otherwise maintained by the CONTRACTOR.
CITY or its representatives shall at all times have the right to inspect and receive a certified copy of all said policies of insurance, including certificates and endorsements at CONTRACTORS sole cost and expense. CONTRACTOR shall pay the premiums on the insurance hereinabove required.
20. CALIFORNIA PREVAILING WAGE LAW AND FEDERAL DAVIS-BACON ACT.
A. General Prevailing Rate. CITY has ascertained CONTRACTOR shall comply with all applicable requirements of Division 2, Part 7, Chapter 1 of the California Labor Code and all applicable federal requirements respecting the payment of prevailing wages. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations (DIR) for similar classifications of labor, the CONTRACTOR and its Subcontractors shall pay not less than the higher wage rate. The DIR will not accept lower State wage rates not specifically included in the Federal minimum wage determinations.
This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal Wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the CONTRACTOR and Subcontractors, the CONTRACTOR and its Subcontractors shall pay not less than the Federal Minimum wage rate which most closely approximates the duties of the employees in question." B. Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770 1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California.
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C. Apprentices. Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith; provided, however, that this requirement shall not apply if and/or to the extent that the Contract of the general CONTRACTOR, or the contracts of specialty contractors not bidding for work through a general or prime contractor involve less than thirty thousand dollars ($30,000.00).
D. Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California and shall forfeit to the CITY as a penalty, the sum of twenty five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one
E. Calendar day and forty (40) hours in any one week in violation of said Article.
CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.
F. Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. The applicable CONTRACTOR or subcontractor or its agent having authority over such matters shall certify all payroll records as accurate and contain the declaration required by Labor Code 1776. CONTRACTOR further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the CITY, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all of the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3). The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for labors, every two weeks to the Engineer. Certified payroll and cancelled checks submittals are due one month after start of construction and every two weeks thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within ten (10) calendar days. Penalties for non-compliance may be deducted from progress payments per Labor Code Section 1776.
G. Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5.
This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.
H. Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a) (2).
I. Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
J. CONTRACTOR shall forfeit to the CITY two hundred dollars ($200) for each calendar day CONTRACTOR or its subcontractor(s) fail to comply with the CWA. Penalties may be withheld from progress payments.
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21. TERMINATION
This Contract may be terminated in whole or in part in writing by the CITY in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by the CITY for its convenience in the manner provided for in subsections A and B below. If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default. Upon receipt of a termination action, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process. Upon termination, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.
A. Termination for Default.
If the CONTRACTOR refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the work in a manner required by the Contract Documents and/or industry standards, or fails to complete such work within such time as required under the Contract Documents or, if the CONTRACTOR should be adjudged as bankrupt, or is otherwise deemed insolvent by CITY based on good cause and is unable to proceed with the work, or if the CONTRACTOR should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if the CONTRACTOR files a petition to take advantage of any debtor’s act, or should any subcontractor violate any of the provisions of the Contract Documents, or if the CONTRACTOR should persistently or repeatedly refuse or fail, except in cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the work in the time specified, or if the CONTRACTOR should fail to make prompt payment to subcontractors for material or labor, or if the CONTRACTOR should persistently disregard laws, or instructions given by CITY, or if the CONTRACTOR otherwise substantially fails to fulfill its obligations under the Contract Documents, CITY may, without prejudice to any other right or remedy, serve written notice upon the CONTRACTOR and Sureties of CITY’s intention to terminate the CONTRACTOR’s performance under the contract. Said notice shall contain the reasons for such intention to terminate the CONTRACTOR’s performance under the contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory arrangements for the corrections thereof have been made, the CITY may terminate CONTRACTOR’s performance under the contract and the CONTRACTOR shall not be entitled to receive any further payment until the work is completed.
In the event of any such termination, CITY shall serve written notice thereof upon the Surety and CONTRACTOR, and the Surety shall have the right to take over and perform the contract.
However, if the Surety, within five (5) days after the service of a notice of termination, does not give CITY written notice of its intention to take over and perform the contract, and if it serves such notice of its intent to take over and perform the contract and does not begin performance thereof within fifteen (15) days from the date of serving said notice, CITY may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of the CONTRACTOR, and the Sureties and/or CONTRACTOR shall be liable to CITY for any excess cost or other damage incurred by CITY thereby. If the Surety assumes the CONTRACTOR’s terminated work, it shall take the CONTRACTOR’s place in all respects for that part and shall be paid by CITY for all work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire 681
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contract, all money due the CONTRACTOR at the time of its default shall be payable to the Surety as the work progresses, subject to the terms of the contract.
CONTRACTOR hereby consents to assigning to CITY and/or CITY’s replacement contractor all subcontracts and other agreements of any and all subcontractors and/or suppliers that may be on the worksite and/or may be necessary to complete the work in the event of Termination for Default or Termination for Convenience, as set forth below. CONTRACTOR agrees to obtain, by way of a subcontract provision, the consent of each and every subcontractor and/or supplier for such assignment prior to the commencement of each such subcontractor’s and/or supplier’s work on the PROJECT.
In the event of such termination, the CONTRACTOR will be paid the actual amount due based on unit prices or lump sums Bid and the quantity of work completed at the time of termination, less damages caused to CITY by acts of the CONTRACTOR causing the termination, including but not limited to, all costs to CITY arising from professional services and attorneys' fees and all costs generated to insure or bond the work of substituted CONTRACTORS or subcontractors utilized to complete the work, such excess shall be paid to the CONTRACTOR. If such costs exceed the unpaid balance, the CONTRACTOR shall pay the difference to CITY promptly upon demand. On failure of the CONTRACTOR to pay, the Surety shall pay on demand by CITY. Any portion of such difference not paid by the CONTRACTOR or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The CONTRACTOR and CITY agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to CITY.
If it is later determined by CITY that the CONTRACTOR had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the CONTRACTOR, CITY, after setting up a new performance schedule, may allow the CONTRACTOR to continue work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of CITY.
B. Termination for Convenience.
CITY may terminate the CONTRACTOR’s performance under the contract, either in whole or in part, at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when CITY is prevented from proceeding with the contract by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of CITY, or whenever CITY is prohibited from completing the work for any reason. CITY shall provide no less than ten (10) days written notice of its intent to terminate the Contract for convenience and shall provide the CONTRACTOR with consultation with CITY prior to termination.
1. Upon receipt of such written notice of termination, the CONTRACTOR shall:
a. Stop Work as specified in the written notice;
b. Terminate all orders and Subcontractors except as necessary to complete Work which is not terminated;
c. If directed in writing by CITY to do so, assign all right, title and interest in subcontracts and materials in progress, in which case CITY will have 682
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the right at its discretion to settle, or pay any or all claims arising out of the termination of such Subcontractors, but in no event shall recovery by any CONTRACTOR include lost profits for uncompleted portions of Work;
d. Deliver or otherwise make available to CITY all data, Drawings, Specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process;
e. Settle outstanding liabilities and claims with the approval of CITY; f. Complete performance of such part of the work as has not been terminated; and
g. Take such other actions as may be necessary, or as may be directed by CITY for the protection and preservation of the Project and/or property related to the contract.
2. Upon receipt of CITY’s written notice of termination for convenience, and within a period of 30 to 60 days, as determined by the Engineer at the time of termination, the CONTRACTOR shall submit to the Engineer a Termination Proposal which shall include, but is not limited to, the CONTRACTOR’s estimated costs to be incurred by the CONTRACTOR as a result of the termination for convenience, and as allowed by the Contract Documents, including all documentation to support such costs; the status of the Work at time of termination; the status of termination of the CONTRACTOR’s subcontractor(s) and supplier(s) agreement(s) including the amount of each said agreement, amount paid under each agreement up to the date of termination, and the amount that currently remains due and owing under each agreement for work completed as of the date of termination, if any; a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Engineer; and any other information and/or documentation as required by the CITY.
Upon receipt of the CITY’s written notice of termination for convenience, the CONTRACTOR shall submit to the Engineer a request for final payment, pursuant to the requirements set forth in the contract. Such request shall be submitted promptly, but no later than sixty (60) days from the effective date of termination.
3. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the contract at time of termination, including the following:
a. Any actual costs incurred by the CONTRACTOR for restocking charges; b. The agreed upon price of protecting the work in any manner, if any, as directed by CITY;
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c. The cost of settling and paying claims arising out of the termination of the work under subcontract agreements or orders with CITY’s approval, as specified above, exclusive of the of the amounts paid or payable on account of goods delivered or work furnished by subcontractor prior to the effective date of the termination; and
d. The contract price allocable to the portion of the work properly performed or goods supplied by the CONTRACTOR as of the date of termination, as determined in accordance with the Contract Documents, reduced by any sums previously paid to the CONTRACTOR.
4. CITY shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding claims for compensation asserted by CITY against the CONTRACTOR, or by any third party against CITY which arises out of the CONTRACTOR’s work.
22. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost.
23. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety.
24. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code.
25. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR.
CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices.
CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
26. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent:
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TO CITY: TO CONTRACTOR:
City of Garden Grove RJ Noble Company
ATTN: Lesly Cantarero Steven L. Mendoza, Vice President 11222 Acacia Parkway 15505 E. Lincoln Avenue
Garden Grove, CA 92840 Orange, CA 92865
(714) 741-5321 Phone (714) 637-1550
(714) 741-5578 Fax (714) 637-6321 Fax
27. SECTION HEADINGS
The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
28. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the Immigration Reform and Control Act of 1978 (8 USC Section 1324a) regarding employment verification.
29. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.
30. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
31. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California and venue shall be in Orange County.
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32. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
33. CONSENT
Where CITYs consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event.
34. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq.
35. SIGNATORIES
Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
36. ENTIRETY
The foregoing, and Exhibits "A" through "C" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties.
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. 686
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IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.
Date: "CITY"
CITY OF GARDEN GROVE
By:
Lisa Kim
City Manager
ATTEST:
City Clerk
Date:
"CONTRACTOR"
RJ Noble Company
CONTRACTOR'S State License No. 782908
(Expiration Date: 8/31/26 )
By:
Title:
Date:
APPROVED AS TO FORM:
______________________________
Garden Grove City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.
Date__________________________
687
Local Assistance Procedures Manual EXHIBIT A
Required Federal-Aid Contract Language Exhibit 12-G
- 59 -
FHWA-1273 -- Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).
The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in solicitation-forbids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625- 1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active 688
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EEO program and who must be assigned adequate authority and responsibility to do so
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance).
In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, 689
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the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurance Required:
a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantage Business Enterprise (DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include:
Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
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a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; and
(ii) The classification is used in the area by the construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the wage rates contained in the wage
determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination.
Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30– day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the DavisBacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
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a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a of this section of Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor’s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. 692
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(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed..
c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD.
WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(3) Required information disclosures. Contractor and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rates of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeymen on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier
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subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR
5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR
5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(B)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages. a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph
2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. of this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier 694
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subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency.
Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
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18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR
200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
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2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
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4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:
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a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355.
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
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XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. (49 CFR Part 20, App A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-oflading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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EXHIBIT B
(Form HUD-4010, the Federal Labor Standards Provision of the United States) Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations
1 Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
(i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR.
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee fo the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove 699
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every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 3D-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215* 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iv) If the contractor does not make payments to a trustee of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
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reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR except that full social security numbers and home addresses shall not be included on weekly transmittals, Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number)- The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at htto://www. dol. aov/esa/whdJforms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsors or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-01 49.)
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR
5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(II)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
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(iii) The contractor or subcontractor shall make the records required under subparagraph A.3- (i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
Expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(i) Trainees- Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved- (ii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs I through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any 702
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lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7, Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.1 2.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C- 1001 . Additionally, U.S- Criminal Code, Section 1 01 0, Title 1 8, U.S.Cs, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration. makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or bothI l. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000- As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such 703
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individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided jn the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (I) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (I) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 stat 96). 40 USC 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions 704
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EXHIBIT C
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority.
c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Black (all persons having origins in any of the black African racial groups not of Hispanic origin)
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban Central or South American, or other Spanish Culture or origin, regardless of race) (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands)
(iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification)
2. Whenever the Contractor or any Subcontractor at any tier subcontracts a portion of the work involving any construction trade, it must physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice that contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through as association, its affirmative action obligations on all work in the Plan area (including goals and timetables) must be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.
Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the Equal Employment Opportunity (EEO) Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables.
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4. The Contractor must implement the specific affirmative action standards provided in Section VIl, Paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract must apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women will excuse the Contractors obligations under these specifications, Executive Order 11246, nor the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor must take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor must document these efforts fully and must implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all sites at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor must specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant; and minority and female referral from a union, a recruitment source or community organization; and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor; this must be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the director when the union or unions with which the Contractor has a collective bargaining agreement have not 706
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referred to the Contractor a minority person or woman sent by the Contractor or when the Contractor has other information that the union referral process had impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those programs funded or approved by the Department of Labor. The Contractor must provide notice of these programs to the sources compiled under Section VII 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posing the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with onsite supervisory personnel such as superintendents, general foreman etc., prior to the initiation of construction work at any job site. A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations: to schools with minorities and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor must send written notification to organizations such as the above, describing the openings, screening procedure, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor’s workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
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m. Ensure that seniority practices, job classification work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities must be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of the affirmative action obligations (Section VIl 7a through 7p).
The efforts of a contractor association, joint contractor-union, contractor-community, or other share group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Section VIl 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive order if a specific minority group of women is underutilized).
10. The Contractor must not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor must not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 1 1246.
12. The Contractor must carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as amended.
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13. The Contractor must designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records must at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records must be maintained in an easy understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors will not be required to maintain separate records.
14. The Contractor, in fulfilling its obligations under these specifications, must implement specific affirmative action steps, at least as extensive as those standards prescribed in Section VIl 7, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive order, the implementing regulations, or these specifications, the director will proceed in accordance with 41 CFR Section 604.8.
15. Nothing herein provided will be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
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FAITHFUL PERFORMANCE BOND
Bond No.
Premium
NOTICE: TO WHOM IT MAY CONCERN: those we, ,
,
as Principal, and
as Surety, are held and firmly bound unto the City of Garden Grove, (CITY) in the sum of Lawful money of the United States, for the payment of which we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.
That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:
License No.:
Address:
Telephone No.:
That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:
Name of non-resident agent:
Non-resident agent's office address:
Telephone No.:
THE CONDITION OF THIS OBLIGATION IS SUCH, that:
1. The Principal has agreed entered into a contract attached hereto, dated the day of , 20 , with the CITY OF GARDEN GROVE for 2026 RESIDENTIAL STREETS REHABILITATION, CITY PROJECT NO. CP-1517000.
2. If the Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of the contract to be performed by the Principal, as set forth in the contract, then this bond shall be null and void; otherwise, it shall remain in full force and effect. In the event that suit is instituted to recover on this bond, the Surety will pay reasonable attorneys' fees.
3. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of work performed shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed. 710
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FAITHFUL PERFORMANCE BOND (Continues)
Executed this day of , 20___
Principal Principal
By:
Surety
By:
Attorney-in-Fact
California Resident Agent
By:
Non-resident Agent - Attorney-in-Fact
STATE OF CALIFORNIA )
)
COUNTY OF ) ss.
On this day of , 20 , before me, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared known to me to be the Attorney-in-Fact of the , of
(Corporation)
, and acknowledged that it executed the attached bond to the (State)
City of Garden Grove as such Attorney-in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.
IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.
(Acknowledgment by Nonresident Agent as Attorneyin-Fact must be attached.)Notary Public in and for said County and State My Commission expires:
711
- 83 -
LABOR AND MATERIAL BOND
Bond No.
Premium
NOTICE: TO WHOM IT MAY CONCERN: those we,
,
as Principal, and , as Surety,
are held and firmly bound unto the City of Garden Grove, California ("CITY") in the sum of ____ Dollars ($ ), lawful money of the United States,
for the payment of the sum, we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.
That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:
License No.:
Address:
Telephone No.:
That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:
Name of non-resident agent:
Non-resident agent's office address:
Telephone No.:
THE CONDITION OF THIS OBLIGATION IS SUCH, that:
1. The Principal has entered into a contract attached hereto, dated day of ________________, 20 , with the CITY OF GARDEN GROVE for 2026 RESIDENTIAL STREETS REHABILITATION, CITY PROJECT NO. CP-1517000.
2. If the Principal, its heirs, executors, administrators, successors, or assigns, or subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams, implements, or machinery used in, upon, for, or about, the performance of the improvement, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor, and provided that the claimant shall have complied with the provision of the code, the Surety or Sureties will pay for same in the amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees.
3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, or of work performed, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed. 712
- 84 -
LABOR AND MATERIAL BOND (Continues)
4. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to the claims under Civil Code 3181 et seq., so as to give a right of action to them or their assignees in any suit brought upon this bond.
Executed this day of , 20 .
Principal Principal
By:
Surety
By:
Attorney-in-Fact
California Resident Agent
By:
Non-resident Agent - Attorney-in-Fact
STATE OF CALIFORNIA )
)
COUNTY OF ) ss.
On this day of , 20 , before me, a Notary Public in and for said County and State, personally appeared
known to me to be the Attorney-in-Fact of
the , of
(Corporation)
, and acknowledged that it executed the attached bond to the (State)
City of Garden Grove as such Attorney-in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.
IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.
(Acknowledgment by Nonresident Agent as Attorneyin-Fact must be attached.)Notary Public in and for said County and State My Commission expires:
713
- 85 -
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between whose address is ,
hereinafter called "owner", ,
whose address is ,
hereinafter called "contractor", ,
and , whose address
is ,
hereinafter called "escrow agent."
For the consideration hereinafter set forth, the owner, contractor, and escrow agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the escrow agent as a substitute for retention earnings required to be withheld by the owner pursuant to the construction contract entered into between the owner and contractor for in the amount of
_ dated (hereafter referred to as the "contract"). Alternatively, on written request of the contractor, the owner shall make payments of the retention earnings directly to the escrow agent. When the contractor deposits the securities as a substitute for the contract earnings, the escrow agent shall notify the owner within ten days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between the owner and contractor. Securities shall be held in the name of the, and shall designate the contractor as the beneficial owner.
(2) The owner shall make progress payments to the contractor for those funds which otherwise would be withheld from progress payments pursuant to the contract provision, provided that the escrow agent holds securities in the form and amount specified above. (3) When the owner makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the owner pays the escrow agent directly.
(4) The contractor shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. These expenses and payment terms shall be determined by the contractor and escrow agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest on the interest shall be the sole account of contractor and shall be subject to withdrawal by contractor at any time and from time to time without notice to the owner. (6) The contractor shall have the right to withdraw all or any part of the principal in the escrow account only by written notice to the escrow agent accompanied by written authorization from the owner to the escrow agent that the owner consents to the withdrawal of the amount sought to be withdrawn by contractor.
714
- 86 -
(7) The owner shall have a right to draw upon the securities in the event of default by the contractor. Upon two days' written notice to the escrow agent from the owner of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the owner.
(8) Upon receipt of written notification from the owner certifying that the contract is final and complete, and that the contractor has complied with all requirements and procedures applicable to the contract, the escrow agent shall release to the contractor all securities and interest on deposit less escrow fees and charges of the escrow account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.
(9) The escrow agent shall rely on the written notifications from the owner and the contractor pursuant to Sections (1) to (8), inclusive, of this agreement and the owner and contractor shall hold the escrow agent harmless from the escrow agent's release, conversion, and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the owner and on behalf of the contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of the owner: On behalf of the contractor:
On behalf of the owner: On behalf of the contractor:
Title Title
Name Name
Signature Signature
Address Address
715
- 87 -
On behalf of the escrow agent:
Title Title
Name Name
Signature Signature
Address Address
At the time the escrow account is opened, the owner and contractor shall deliver to the escrow agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner/Contractor Dated:
Title/Title
Approved as to Form
City Attorney
716
Item 271/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 6/23/2026
Subject: Award of contracts to All American Asphalt (Cost: $850,000) and R.J. Noble Company ($300,000) for asphalt products on an as-needed basis. (Action Item)
OBJECTIVE
For the City Council to award contracts to: 1) All American Asphalt; and 2) R.J. Noble Company, for asphalt products for “will-call” and delivery, on an as-needed basis.
BACKGROUND
The City has a continual and growing need for asphalt and related supplies to be delivered to various job sites throughout the City for on-going street improvements. It is common for projects to overlap timelines which then causes a delay when the City’s contracted vendor has a full schedule. These instances are not ideal due to the time and risk associated with quoting individual jobs to vendors; therefore, it is necessary for the City to contract with two asphalt providers to meet the City’s needs. In accordance with public procurement requirements, the City issued a formal bid solicitation for asphalt material supply.
The City received responses from three (3) vendors: All-American Asphalt, R.J. Noble Company, and Blue Angel International LLC. The two (2) chosen vendors are close in proximity to provide the City with reliable hot-mix asphalt at the required temperature on an as-needed basis.
DISCUSSION
IFB No. S-1390 was issued on April 24, 2026 and three (3) bids were received and opened on June 1, 2026. All bids were reviewed and two (2) were found to be responsive. One (1) bidder, Blue Angel International LLC, withdrew its bid due to its inability to meet the solicitation’s compliance requirements.
The contract amounts were ranked by the lowest to highest bidder for asphalt products and the contractor’s ability to meet the City’s needs and guarantee pricing for the one-year period of the contract.
717
Item 271/2026
The numbers below represent the aggregate tabulation of all eleven (11) bid items (Attachment 1) for the two (2) companies and this information was used to determine the lowest bidder. The bid results are as follows:
Company Aggregate Amount
(Bid Items)
All American Asphalt $968.12
R.J. Noble Company $1,332.00
FINANCIAL IMPACT
The total authorization for the two contracts will not exceed $1,150,000 in Fiscal Year 2026-
27. Individual contract amounts were established based on bid competitiveness, projected workload, and anticipated service needs, with the lowest responsive bidder receiving the greater allocation. Sufficient funding has been appropriated in the Public Works Department's Fiscal Year 2026-27 operating budget.
RECOMMENDATION
It is recommended that the City Council:
Award a one-year term contract to: 1) All American Asphalt in the amount of $850,000; and 2) R.J. Noble Company in the amount of $300,000, to provide asphalt products on an as-needed basis; and
Authorize the City Manager, or designee, to execute each contract on behalf of the City and make minor modifications as needed thereto.
By: Raul Leyva, Public Work Supervisor
ATTACHMENT(S)
1. All American Asphalt Contract
2. All American Asphalt Bid Items
3. RJ Noble Contract
4. RJ Noble Bid Items
718
1 CONTRACT FOR:
(Asphalt Supply for Will Call and Delivery Services)
THIS AGREEMENT is made this day of , 2026, by the CITY
OF GARDEN GROVE, a municipal corporation, ("CITY") and All American Asphalt, herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ___________________.
2. CITY desires to utilize the services of CONTRACTOR to: Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications, Attachment “A”, at the agreed upon delivery date and time, and per IFB S-1390.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination. The term of the agreement shall be from July 1, 2026 through June 30, 2027. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for product supplied to date in accordance with Bid Form which is attached as Attachment “B” and is hereby incorporated by reference. CONTRACTOR is required to present evidence to support product supplied.
2. Services to be Provided. The services to be performed and equipment to be provided by CONTRACTOR shall consist of Provide and Deliver asphalt and related products to the City of Garden Grove per Attachment ”B”, which is incorporated herein by reference.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Eight Hundred Fifty Thousand Dollars ($850,000.00), payable in arrears and in accordance with bid form in Attachment “B”.
Unless expressly provided otherwise, all prices and fees specified in Attachment “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by authorized representative. The total price shall include (i) all federal, state and local sales, 719
2 use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
3.2 Payment. For asphalt delivered under this Agreement, payment shall be made per invoice for asphalt delivered.
3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement.
These records will be made available at reasonable times to CITY
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. The insurers shall waive their rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in the amount of $2,000,000 per occurrence; coverage to include XCU (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. Endorsements for primary and non-contributory.
(b) Automobile liability in the amount of $2,000,000 combined single limit; Policy must be endorsed to delete pollution exclusion. (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
720
3 (c) Automobile pollution in an amount of $2,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(d) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet the insurance requirements set forth herein (claims made and modified occurrence policies are not acceptable). Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
MCS 90 Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (d) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy. CONTRACTOR shall provide to CITY proof of insurance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conform to CITY’s requirements, as approved by the CITY. Information for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it. 721
4 If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. a. (Address of Contractor)
All American Asphalt
Attention: Edward J. Carlson, Vice President
400 E. Sixth Street
Corona, CA 92879
b. (Address of CITY) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR’S bid form, ATTACHMENT “B” hereto, which shall be incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) 722
5 it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
13. Time of Essence. Time is of the essence in the performance of this Agreement. The Supplier must immediately notify CITY in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $100.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Attachment “B”.
14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.
17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S 723
6 responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(Agreement Signature Block on Next Page)
724
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date:
ATTESTED:
"CITY"
CITY OF GARDEN GROVE
By:
City Manager
City Clerk
Date:
"CONTRACTOR"
All American Asphalt
By:
Name:
Title:_
Date:
Tax ID No.
APPROVED AS TO FORM:
Contractor’s License:
Expiration Date:
Garden Grove City Attorney
Date
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
725
8 ATTACHMENT “A”
IFB No. S-1390
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
CONTRACTOR/DELIVERY REQUIREMENTS: Vendor is required to deliver all asphalt and related products to the job locations as specified and agreed upon by the CITY. This contract does not guarantee any specific amount of products. Late deliveries result in operational problems and expense for the City; therefore, inconsistencies between vendor promised and actual delivery time may result in the City canceling the agreement or at minimum using alternate sources of supply.
Contractor provide the City with a direct number to the batch plant to allow for direct communication and must not have to go through multiple contacts to finally get to the hot plant.
Prior to the City ordering asphalt for delivery, the area is measured and calculated as to how many tons of asphalt will be needed for the job and then dispatch is called. The City will attempt to call one week ahead of time to order the asphalt, and even two weeks in advance to ensure that we can get the asphalt delivered. It is up to the City to determine the speed of the asphalt delivery. Failure to meet the agreed upon delivery date and time may result in a penalty imposed on the contractor.
Contractor must obey all Federal, State, local ordinances and regulations.
Asphalt material is to be delivered in “End Dump Trucks Only”. Tarpaulins shall be used to cover all loads of asphalt concrete from plant to work site.
WILL CALL: The contract includes both delivery and Will-Call options. The City may also will call the asphalt and related products. The contractor will be notified of the option that the City selects.
PRODUCT SPECIFICATIONS: Grade for Asphalt Binder shall normally be PG-64-10 CONDITION OF THE PRODUCT: Asphalt arriving on the job site shall not be less than 280 degrees or more than 325 degrees F, as measured by City staff upon arrival. The City reserves the right to reject any product that does not meet the proper specifications.
BID FORM (ATTACHMENT “B”): Bidder shall offer a price for each line item requested.
Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. Partial bids will not be accepted for any reason.
REQUEST FOR CLARIFICATION: All requests for clarification or questions, are to be submitted electronically via the City’s Planet Bids portal, using the Online Q&A feature by the deadline of Friday, May 8, 2026 at 9:00 a.m., local time. 726
9 ATTACHMENT “A”
IFB No. S-1390
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
ELECTRONIC BID SUBMITTAL ONLY: The City is NOT accepting walk-in/hand deliveries of bids. Bids must be submitted electronically via the City’s Planet Bids portal.
Pricing must be submitted via the line item section on the City’s Planet Bids portal AND completed Attachment “B” Bid Form, Pages 21-22 of this bid document, must also be submitted in the bid package. Instructions on how to submit an electronic bid via the Planet Bids portal can be found under the “Documents & Attachments” tab.
AWARD OF CONTRACT(S): The City intends to award contracts to multiple companies to ensure that product availability and delivery as needed. The lowest bidder will be the first company contacted and if they do not respond in a timely manner or are unable to provide the product at the time it is needed, then the next lowest bidder will be contacted.
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.
INSURANCE REQUIRED: Contractors are required to provide the insurance specified in the sample contract included in this bid document.
PREVAILING WAGE: The Director of Industrial Relations has determined the general prevailing rate of per diem wages in Orange County for each craft or type of worker needed to execute the Agreement, copies of which are on file and will be made available to any interested party upon request at City Office or online at http://www.dir.ca.gov/dlsr. The successful Bidder and all its subcontractor(s) shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
DIR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work, must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of contractor and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 727
10 ATTACHMENT “A”
IFB No. S-1390
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
BID PRICING: Suppliers are intended to hold their pricing for the full term of the contract. In the event that the supplier is unable to hold pricing for the contact term stated, supplier must provide the term for which they are able to hold pricing and the maximum price increase that will be imposed on the City if contractor is unable to hold pricing. This must be stated as a percentage on top of the original pricing submitted in the bid package and must be include on Bid Form, Attachment “B”, Page 22, Section IV, Pricing, Agreement, of this bid document.
Advance notice of any price increases must be submitted to the CITY in writing and the CITY must agree to any price increases. The City reserves the right to factor in any price increases in calculating the lowest bidder(s) selected. 728
729
730
731
1 CONTRACT FOR:
(Asphalt Supply for Will Call and Delivery Services)
THIS AGREEMENT is made this day of , 2026, by the CITY
OF GARDEN GROVE, a municipal corporation, ("CITY") and R.J. Noble Company, herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ___________________.
2. CITY desires to utilize the services of CONTRACTOR to: Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications, Attachment “A”, at the agreed upon delivery date and time and per IFB S-1390.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination. The term of the agreement shall be from July 1, 2026 through June 30, 2027. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for product supplied to date in accordance with Bid Form which is attached as Attachment “B” and is hereby incorporated by reference. CONTRACTOR is required to present evidence to support product supplied.
2. Services to be Provided. The services to be performed and equipment to be provided by CONTRACTOR shall consist of Provide and Deliver asphalt and related products to the City of Garden Grove per Attachment ”B”, which is incorporated herein by reference.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Three Hundred Thousand Dollars ($300,000.00), payable in arrears and in accordance with Bid Form in Attachment “B”.
Unless expressly provided otherwise, all prices and fees specified in Attachment “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by authorized representative. The total price shall include (i) all federal, state and local sales, 732
2 use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
3.2 Payment. For asphalt delivered under this Agreement, payment shall be made per invoice for asphalt delivered.
3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement.
These records will be made available at reasonable times to CITY
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. The insurers shall waive their rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in the amount of $2,000,000 per occurrence; coverage to include XCU (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. Endorsements for primary and non-contributory.
(b) Automobile liability in the amount of $2,000,000 combined single limit; Policy must be endorsed to delete pollution exclusion. (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
733
3 (c) Automobile pollution in an amount of $2,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(d) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet the insurance requirements set forth herein (claims made and modified occurrence policies are not acceptable). Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
MCS 90 Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (d) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy. CONTRACTOR shall provide to CITY proof of insurance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conform to CITY’s requirements, as approved by the CITY. Information for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it. 734
4 If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. a. (Address of Contractor)
R.J. Noble Company
Attention: Steven L. Mendoza, Vice President
15505 E. Lincoln Avenue
Orange, CA 92865
b. (Address of CITY) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR’S bid form, ATTACHMENT “B” hereto, which shall be incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) 735
5 it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
13. Time of Essence. Time is of the essence in the performance of this Agreement. The Supplier must immediately notify CITY in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $100.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Attachment “B”.
14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.
17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S 736
6 responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(Agreement Signature Block on Next Page)
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7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date:
ATTESTED:
"CITY"
CITY OF GARDEN GROVE
By:
City Manager
City Clerk
Date:
"CONTRACTOR"
R.J. Noble Company
By:
Name:
Title:_
Date:
Tax ID No.
APPROVED AS TO FORM:
Contractor’s License:
Expiration Date:
Garden Grove City Attorney
Date
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY
738
8 ATTACHMENT “A”
IFB No. S-1390
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
CONTRACTOR/DELIVERY REQUIREMENTS: Vendor is required to deliver all asphalt and related products to the job locations as specified and agreed upon by the CITY. This contract does not guarantee any specific amount of products. Late deliveries result in operational problems and expense for the City; therefore, inconsistencies between vendor promised and actual delivery time may result in the City canceling the agreement or at minimum using alternate sources of supply.
Contractor provide the City with a direct number to the batch plant to allow for direct communication and must not have to go through multiple contacts to finally get to the hot plant.
Prior to the City ordering asphalt for delivery, the area is measured and calculated as to how many tons of asphalt will be needed for the job and then dispatch is called. The City will attempt to call one week ahead of time to order the asphalt, and even two weeks in advance to ensure that we can get the asphalt delivered. It is up to the City to determine the speed of the asphalt delivery. Failure to meet the agreed upon delivery date and time may result in a penalty imposed on the contractor.
Contractor must obey all Federal, State, local ordinances and regulations.
Asphalt material is to be delivered in “End Dump Trucks Only”. Tarpaulins shall be used to cover all loads of asphalt concrete from plant to work site.
WILL CALL: The contract includes both delivery and Will-Call options. The City may also will call the asphalt and related products. The contractor will be notified of the option that the City selects.
PRODUCT SPECIFICATIONS: Grade for Asphalt Binder shall normally be PG-64-10 CONDITION OF THE PRODUCT: Asphalt arriving on the job site shall not be less than 280 degrees or more than 325 degrees F, as measured by City staff upon arrival. The City reserves the right to reject any product that does not meet the proper specifications.
BID FORM (ATTACHMENT “B”): Bidder shall offer a price for each line item requested.
Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. Partial bids will not be accepted for any reason.
REQUEST FOR CLARIFICATION: All requests for clarification or questions, are to be submitted electronically via the City’s Planet Bids portal, using the Online Q&A feature by the deadline of Friday, May 8, 2026 at 9:00 a.m., local time. 739
9 ATTACHMENT “A”
IFB No. S-1390
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
ELECTRONIC BID SUBMITTAL ONLY: The City is NOT accepting walk-in/hand deliveries of bids. Bids must be submitted electronically via the City’s Planet Bids portal.
Pricing must be submitted via the line item section on the City’s Planet Bids portal AND completed Attachment “B” Bid Form, Pages 21-22 of this bid document, must also be submitted in the bid package. Instructions on how to submit an electronic bid via the Planet Bids portal can be found under the “Documents & Attachments” tab.
AWARD OF CONTRACT(S): The City intends to award contracts to multiple companies to ensure that product availability and delivery as needed. The lowest bidder will be the first company contacted and if they do not respond in a timely manner or are unable to provide the product at the time it is needed, then the next lowest bidder will be contacted.
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.
INSURANCE REQUIRED: Contractors are required to provide the insurance specified in the sample contract included in this bid document.
PREVAILING WAGE: The Director of Industrial Relations has determined the general prevailing rate of per diem wages in Orange County for each craft or type of worker needed to execute the Agreement, copies of which are on file and will be made available to any interested party upon request at City Office or online at http://www.dir.ca.gov/dlsr. The successful Bidder and all its subcontractor(s) shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
DIR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work, must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of contractor and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 740
10 ATTACHMENT “A”
IFB No. S-1390
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
BID PRICING: Suppliers are intended to hold their pricing for the full term of the contract. In the event that the supplier is unable to hold pricing for the contact term stated, supplier must provide the term for which they are able to hold pricing and the maximum price increase that will be imposed on the City if contractor is unable to hold pricing. This must be stated as a percentage on top of the original pricing submitted in the bid package and must be include on Bid Form, Attachment “B”, Page 22, Section IV, Pricing, Agreement, of this bid document.
Advance notice of any price increases must be submitted to the CITY in writing and the CITY must agree to any price increases. The City reserves the right to factor in any price increases in calculating the lowest bidder(s) selected. 741
PART IV
Bid No. S-139O
Provide Asphalt Products for Witl Call and Delivery to Various Job Locations in the City of Garden crove per the bid specifications
"ATTACHMENT B"
BID FORM
I. PRICING
(Price to include all applicable taxes-Garden Grove's current Sales Tax Rate is 8.75olo) *Note: Terms of less than Net 20 days will I{OT be accepted by the City.
PRICING IS TO BE ENTERED DIRECTLY INTO THE LINE ITEM SECTION ON THE CITY'S PLANET BIDS PORTAL ONLY! PARTIAL BIDS WILL NOT BE ACCEPTED FOR ANY REASON. HANDWRITTEN BIDS WILL NOT BE ACCEPTED FOR ANY REASON.
PRICING MUST BE ENTERED FOR ALL LINE ITEMS. PARTIAL BIDS WILL NOT BE ACCEPTED FOR ANY REASON!
ITEM UOM Qw PRICE
1 Bulk Asphalt PG 64-10, 3/4 Fine--Delivery (Include
all fees) TON 1
$ 150.00
2 Bul k Asphalt PG 64-10, 3/4 Fine--Will Call TON 1 g 115.00 3 Bulk Asphalt PG 64-10, 3/8 Fine--Delivery (Include
all fees) TON 1
$ 16s.00
4 Bulk Asphalt PG 64-10, 3/8 Fine--Will Call TON 1 $ 13s.00 5 Bulk Asphalt PG 64-10, 1/2 --Delivery (Include all
fees) TON E 150.00
6 Bulk Asphalt PG 64-10, School Mix -- Will Call TON 1 $ 115.00 7 TON 1 $ 170,00
8 3/4IN CL 2 Base-- Delivery (Include all fees) TON 1 $ 7.00 9 Bulk Asphalt SC 800, Cold Mix -- Delivery (Include
all fees) 1
$ 200.00
10 SSIH Emulsion Tack- Bulk GAL 1 $ 2s.00
11 SSIH Emulsion Tack- 5-Gal Bucket EA 1 $ 100.00
L2 Sta ndb Fee LOT $ 145.00
13 Short Load Fee LOT 1 $ 50.00
Asphalt for Will Call and Delivery Bid No. S- 1390
tl
1 Bulk Asphalt SC 800, Cold Mix -- Will Call
TON
1 742
.'ATTACHMENT B''
IFB NO. 5-1390
BID FORM CONTINUED
R,J. NOBLE COMPANY Company N ame
Company Representative's Name (Printed) STEVEN L, MENDOZA, VICE PRESIDENT I II. DELIVERY PERIOD
Bidders are to state delivery period after order is placed by CITY.
Item No. 1 - Calendar days
72 HOURS after receipt of order.
IV: PRICING AGREEMENT (This section must be compteted and submitted with bid package. Bidder agrees to hold pricing firm through the term of the agreement. If there are any changes to the pricing, bidder agrees that the maximum price increase will be _o/o on top of pricing submitted in the original bid. Advance notice of any price increases must be submitted to the CIry in writing and the CITY must agree to any price increases. The City reserves the right to factor in any future price increases in determining the lowest bidder(s) selected.
Asphalt for Will Call and Delivery Bid No. S- 1390
22 743
Section 1
rFB NO. S-1390
OUR OFFER IS AFFIRMED HERETO. It is understood that your specifications and conditions set forth on bid sheets form part of our offer. We certify the prices offered are valid for the total contract or any portion thereof.
We specifically agree to keep this offer open for 120 days.
The Bidder acknowledges receipt of amendments to the Solicitation and related documents numbered and dated:
Addendum No. Date
FIRM NAME:
R.J. NOBLE COMPANY
ADDRESS: 15505 E. LINCOLN AVE
ORANGE, CA 92865
STEVEN L. MENDOZA, VICE PRESIDENT
Type or Print Your Name
BY
&vtzrr-r X
TITLE 'TEVEN
L. ,r*og/o, ur{r^rrr**,
TELEPHONE: (714 ) 637
-
15 50
FAX NO ( 714 ) 63?
stevemendoza @dnoblecompa ny,com
- 6321 E- Mail:
READ CAREFULLY ALL PARAGRAPHS . SIGN AND RETURN COPY WITH YOUR BID Asphalt for Will Call and Delivery Bid No. S- 1390
BIDDER'S STATEMENT:
SIGNED BY:
744
Bid No. 5-1390
Section 2
COOPERATIVE PURCHASING AMONG GOVERNMENT AGENCIES
The successful contractor based on this bid, is hereby requested to extend the same prices, terms and conditions of this bid to other government agencies, contingent upon mutual agreement of these other government agencies and the successful contractor. Should such agreements materialize, contracts would be issued and administered by each individual government agency, directly with the successful contractor.
Bidder is requested to indicate if a contract based on this bid, will be extended to other government agencies under the terms described above:
X
PLEASE CHECK ONLY ONE: YES _ NO
Asphalt for Will Call and Delivery Bid No. S- 1390
21 745
Item 277/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Samuel Kim
Dept: City Manager Dept: Public Works
Date: 6/23/2026
Subject: Award a contract to Tiger Construction LLC., for on-call concrete construction services, IFB No. S-1389. (Cost: Not to exceed $900,000/year)(Action Item)
OBJECTIVE
To receive City Council approval to award a contract to Tiger Construction, LLC., for the OnCall Concrete Construction Services IFB No. S-1389 on various city streets and right-of-way for a five-year cumulative total of $4,500,000.
BACKGROUND
The City has a notable damaged concrete backlog that presents risks to public safety. The goal is to replace high severity defects in residential sidewalks, driveway approaches, wheel chair ramps and cross-gutters to reduce slip, trip, and fall claims. The repair of damaged curbs and gutters will also help ensure proper storm and nuisance water drainage, which will aid in efficient storm-water movement.
The City received responses from nine (9) contractors for the On-Call Concrete Construction IFB No. S-1389. After review, Van Engineering, Tiger Construction LLC, and CT&T Concrete Paving, Inc. were identified as the three (3) lowest responsive bidders.
DISCUSSION
The three (3) lowest bidders are summarized below:
Contractor Total Cost
Van Engineering
Wildomar, CA
$ 1,476,000 Option A
$ 1,619,000 Option B
$ 3,095,000 Total bid A & B Combined
Tiger Construction, LLC.
La Jolla, CA
$ 1,530,880 Option A
$ 1,884,679.80 Option B
$ 3,415,559.80 Total Bid A & B Combined
CT&T Concrete Paving, Inc.
Diamond Bar, CA
$ 1,846,000 Option A
$ 2,066,315 Option B
$ 3,912,315 Total bid A & B Combined
746
Item 277/2026
Upon review of the bid submissions, Van Engineering was initially identified as the apparent lowest bidder. Following the bid opening, Van Engineering notified the City that a clerical error had occurred in the preparation of its bid pricing. Due to the error, Van Engineering advised that it could not honor the submitted bid amounts and formally requested withdrawal of its bid. City staff reviewed the request and supporting documentation and determined that the withdrawal request was justified due to the clerical error. Accordingly, Van Engineering’s bid was withdrawn from consideration.
Following the withdrawal of Van Engineering’s bid, Tiger Construction LLC., became the lowest responsive and responsible bidder. Staff reviewed the contractor’s qualifications, references, and prior performance and found Tiger Construction LLC., capable of successfully performing the work specified in the contract documents.
Bid prices for Option A (work completed using a combination of City crews and contractor) will not be utilized. Option B, (contractor completes all work) was submitted by bidders with the understanding that all work quantities given by the City were estimates. The project quantities are anticipated amounts that were used as a basis for bidding purposes. Actual available resources are limited to $1,800,000 for the first two (2) years and $900,000 per year for up to three (3) additional one-year extensions (an average of $900,000 per fiscal year).
FINANCIAL IMPACT
The contract with Tiger Construction, LLC. for the On-Call Concrete Construction Services provides for a five-year term with annual expenditures not to exceed $900,000. Funding for these services is included in the Public Works Department, Street Division’s annual operating budget.
RECOMMENDATION
It is recommended that the City Council:
Accept the withdrawal of Van Engineering’s bid due to documented clerical errors in its bid pricing;
Award the contract to Tiger Construction LLC., the lowest responsive and responsible bidder, in the amount of $1,800,000 for the first two (2) years, with three (3) optional one-year extensions at $900,000 per year for On-Call Concrete Construction; and
Authorize the City Manager, or designee, to execute the agreement and exercise and execute option year amendments, on behalf of the City and make minor modifications as appropriate.
By: Raul Leyva, Streets Department Supervisor
747
Item 277/2026
ATTACHMENT(S)
1. Contract Agreement
2. Bid Results
3. Top 3 lowest Bidders
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751
752
753
754
755
756
757
758
759
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773
Item 162/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Niki Wetzel
Dept: City Manager Dept: Community Development
Date: 6/23/2026
Subject: Award contracts to CSG Consultants, Inc.; Willdan Engineering; The Code Group, Inc.; True North Compliance Services, Inc.; and Scott Fazekas & Associates, Inc; for on-call plan review and/or building contractual services (Cost: Not-to-exceed $250,000 each contract)(Action Item)
OBJECTIVE
For the City Council to award contracts to: CSG Consultants, Inc. (CSG), Willdan Engineering (Willdan), The Code Group, Inc. (VCA), True North Compliance Services, Inc. (True North), and Scott Fazekas & Associates, Inc. (SFA), for the City’s on-call plan review, inspection, code enforcement, and building related services on an “as-needed” basis.
BACKGROUND
The Community Development Department (CDD) has historically supplemented service delivery through third-party contract services to enhance customer service and improve response times. These services provide additional staffing support on an as-needed basis in the areas of plan review, inspections, code enforcement, and other Building & Safety functions.
Over the past five years, the Building & Safety Division has experienced consistently high levels of activity across varying economic conditions. Several major development projects have progressed through different stages of the development pipeline, while demand for accessory dwelling units (ADUs) has continued to increase. A summary of permit valuation, permits issued, building inspection activity, and code enforcement cases opened during this period is provided in the table that follows.
774
Item 162/2026
Year 2021 2022 2023 2024 2025
Permit
Valuation
$97,526,642 $102,477,633 $343,123,620 $389,379,558 $316,038,437 Permits 4,839 5,689 6,657 6,820 6,992
Inspections 17,947 21,583 25,081 21,163 26,887
Code
Enforcement
Cases Opened
3,161 1,954 2,068 2,458 2,707
Periodically, the Building & Safety’s work volume exceed the capacity of in-house staff to accommodate in a timely manner. To maintain efficient review times and provide timely service, the City utilizes third-party contract services to supplement staff resources and assist with permit processing, code enforcement, plan review, and other Building & Safety functions during periods of increased workload.
DISCUSSION
CDD conducted a comprehensive Request for Proposals (RFP) process to identify qualified firms capable of providing on-call plan review, inspection, code enforcement, and other Building & Safety support services. The City received 15 proposals from firms interested in providing these services.
A selection panel comprised of three representatives from CDD evaluated the proposals based on qualifications and experience, technological capabilities, customer service, references, interview performance, the ability to provide on-site support, attend internal meetings, and assist City staff as needed. Following a thorough evaluation process, the panel identified five of the highest-ranked firms based on the City's anticipated service needs: CSG, Willdan, VCA, True North, and SFA. True North received the highest rating for plan review and related Building & Safety services, while SFA was rated highest for complex construction plan review.
CSG, Willdan, and VCA demonstrated the broadest range of Building & Safety support services. Based on the results of the evaluation and the City's anticipated project workload, staff recommends entering into agreements with these five firms.
Establishing contracts with multiple consultants will provide the City with a diverse pool of qualified professionals to address varying project demands and specialized service needs.
This approach also provides flexibility in identifying and assigning personnel, ensures continuity of service during periods of increased workload, and enables the City to maintain timely response and review timelines. Of note, contract firms have been especially valuable in ensuring that building inspections can be completed in a timely manner as City staff inspectors and inspection requests fluctuate over time. In addition, contract firms are critical in staff’s ability to meet State-required plan check times during periods of high volume. 775
Item 162/2026
CONCLUSION
CDD continues to experience significant development activity and fluctuating workload demands associated with major development projects, permit processing, inspections, code enforcement, and plan review services. To maintain timely service levels and provide operational flexibility, CDD conducted a competitive RFP process to identify qualified firms capable of supplementing in-house staff resources on an as-needed basis.
Based on the evaluation of qualifications, experience, service capabilities, and anticipated City needs, staff recommends entering into agreements with CSG, Willdan, VCA, True North, and SFA. Establishing contracts with multiple firms will provide the City with access to a diverse pool of specialized professionals, allowing staff to efficiently respond to varying workloads, address specialized project requirements, and maintain high levels of customer service while supporting the City’s ongoing development activity.
FINANCIAL IMPACT
It is anticipated that each contract will be established in the not-to-exceed amount of $250,000 per year with the option to extend the agreement in one year increments, for a total performance period of five years. Funding for contractual services is provided by the General Fund, and is included in the Building & Safety Division’s operational budget. No additional appropriation is necessary.
RECOMMENDATION
It is recommended that the City Council:
Award contracts for on-call plan review, inspection, code enforcement, and building related services to CSG Consultants, Inc., Willdan Engineering, The Code Group, Inc., True North Compliance Services, Inc., and Scott Fazekas & Associates, Inc., in the not-to-exceed amount of $250,000 per contract per year, with the option to extend each agreement in one year increments, for a total performance period of five years, on an “as-needed” basis; Authorize the City Manager, or her designees, to execute the agreement, and make minor modifications as appropriate thereto, on behalf of the City; and Authorize the City Manager, or her designees, to exercise option year terms and execute option year amendments.
By: Kenneth Le, Administrative Analyst
ATTACHMENT(S)
1. Draft - CSG - Professional Services Agreement
2. Draft - SFA - Professional Services Agreement
3. Draft - True North - Professional Services Agreement
4. Draft - VCA - Professional Services Agreement
5. Draft - Willdan - Professional Services Agreeme
776
1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 2026, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and CSG CONSULTANTS, INC., herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 9212- 14 (January 28, 2014).
2. CITY desires to utilize the services of CONTRACTOR to provide plan review, inspection, code enforcement, and/or other building contractual services on an ”as-needed” basis.
3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination The term of the agreement shall be from the date of this agreement through June 30, 2026, with an option to extend said agreement an additional four years. Option years shall be exercised one year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with CONTRACTOR’s fee schedule which is attached as Attachment “B” and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.
2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Proposal Attachment “A”. The Proposal is attached as Attachment “A”, and is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work. CONTRACTOR warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with customary and usual practices in CONTRACTOR’S profession and the standards prevalent in the industry for such services. By executing this Agreement, CONTRACTOR certifies that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Two Hundred Fifty thousand and 00/100 cents
($250,000.00) per fiscal year, payable in arrears and in accordance with proposal in Attachment “A”.
777
2 3.2 Payment. For work under this Agreement, payment shall be made per monthly invoice for work completed. Payment shall be based on schedule included in Proposal (Attachment B).
3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of $2,000,000.00 per occurrence (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(c) Professional liability in an amount not less than $2,000,000.
Insurance companies must be admitted and licensed In California and have a Best’s Guide Rating of A-Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided.
In the event of termination, cancellation, or material change in the policy, professional/contractor shall obtain continuing insurance coverage for the prior acts or omissions of
professional/contractor during the course of performing services 778
3 under the term of the agreement. The coverage shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier.
An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent CONTRACTOR. It is agreed to that CONTRACTOR shall act and be an independent CONTRACTOR and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
CONTRACTOR shall comply with, and shall be responsible for causing all CONTRACTORs and sub-CONTRACTORs performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty 779
4 or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.
9. Disclosure of Documents. All documents or other information developed or received by CONTRACTOR are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law.
10. Ownership of Work Product. All documents or other information developed or received by CONTRACTOR shall be the property of CITY. CONTRACTOR shall provide CITY with copies of these items upon demand or upon termination of this Agreement.
11. Conflict of Interest and Reporting. CONTRACTOR shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
12. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.
a. Address of CONTRACTOR is as follows:
CSG Consultants, Inc.
Attn: Eric Haghani, MS, PE, SE, CBO
3240 El Camino Real, Suite 190
Irvine, CA 92602
b. Address of CITY is as follows:
Department of Community Development
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
13. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
14. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
15. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that:
(1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as 780
5 represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its sub-CONTRACTOR as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationship between any sub-CONTRACTOR and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
18. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
19. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR'S agents, officers, employees, sub-CONTRACTORs, or independent CONTRACTORs hired by CONTRACTOR in the performance of the Agreement. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
20. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
21. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may 781
6 be modified only by subsequent mutual written agreement executed by CITY and CONTRACTOR.
22. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONTRACTOR.
23. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties
25. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
\ \ \ \
(Agreement Signature Block on Next Page)
782
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date: _____________ "CITY"
CITY OF GARDEN GROVE
By:___________________________
City Manager
ATTESTED:
____________________________
City Clerk
Date: _______________________
"CONTRACTOR"
CSG Consultants Inc.
By: ___________________________
Name:___________________________
Title:_____________________________
Date: __________________________
Tax ID: ___________________________
Contractor’s License: _____________
Expiration Date:_________________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate Seal
is required. If a partnership, Statement of
Partnership must be submitted to CITY.
APPROVED AS TO FORM:
____________________________
Garden Grove City Attorney
________________________
Date
783
3240 El Camino Real, Suite #190
Irvine, CA 92602
714.568.1010 phone
714.568.1028 fax
www.csgengr.com
PROPOSAL TO THE
City of Garden Grove
FOR
PLAN REVIEW, INSPECTION, CODE ENFORCEMENT,
AND BUILDING/SAFETY SERVICES
(RFP No. CDD-005)
A p r i l 3 0 , 2 0 2 6
Attachment "A"
784
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO. CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES Table of Contents
S E C T I O N 1 Letter of Introduction 1
S E C T I O N 2 Experience & Qualifications 2
S E C T I O N 3 References 18
S E C T I O N 4 Cost Proposal 20
S E C T I O N 5 Additional Information 23
S E C T I O N 6 Appendix (Resumes) 24
785
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO. CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 3240 El Camino Real, Suite 190, Irvine, CA 92602
phone 714.568.1010 | fax 714.568.1028 | www.csgengr.com Letter of Introduction
April 30, 2026
City of Garden Grove
Attn: Kenneth Le
11222 Acacia Parkway
Garden Grove, CA 92840
Subject: Plan Review, Inspection, Code Enforcement, and Building/Safety Services (RFP No. CDD-005) Dear Mr. Le,
CSG Consultants, Inc. (CSG) would like to thank the City of Garden Grove (City) for the opportunity to submit our proposal for Plan Review, Inspection, Code Enforcement, and Building/Safety Services. We understand the City is seeking on-call support to supplement existing staff as the Building and Safety Division has seen an uptick in permit activity, code enforcement cases, and anticipates several major development projects in the near future. CSG’s staff act as a seamless extension of the City, lending our expertise for high profile applications and complex projects, while offering the depth of resources to address periods of high volume activity or expedited timelines. To this work, CSG offers:
A large and experienced on-call team committed to delivering thorough, accurate, and timely services; Technical expertise to move projects forward, coupled with the specialized expertise to thoroughly address the nuances of complex projects;
Proven electronic plan submission, distribution, and plan review services as well as web-based status reporting;
Ability to provide the full-range of services, without the use of subcontractors (plan review, inspection, CASp, and code enforcement)
Familiarity with the City having provided building, code enforcement, and planning services in the past.
CSG’s building and safety staff are registered engineers and/or ICC certified, with additional qualifications including CACEO and CASp experience and certification. Our plan reviewers, building inspectors and code enforcement officers have a wide range of project experience, and many are cross-trained in multiple service levels, providing the City with efficient services and the ability to respond to its fluctuating needs.
For more than 35 years (since 1991), CSG has worked solely for public agencies, providing a wide range of municipal services to over 250 cities, counties and special service districts across California. We serve as a seamless extension of municipal staff in delivery of our building department administration, plan review, inspection, code enforcement, planning and environmental, public works, and a host of additional services.
Our regional office is in Irvine and we can be available for meetings at the City’s offices when requested. Eric Haghani will serve as the primary contact, and his contact information is as follows:
Eric Haghani, MS, PE, SE, CBO | Vice President of Building Services 3240 El Camino Real, Suite 190, Irvine, CA 92602
714.568.1010 phone | 714.568.1028 fax | [email protected] email Please feel free to contact Mr. Haghani with any questions or comments you may have regarding our proposal. CSG looks forward to the opportunity to provide the requested services to the City, and continue to serve the community of Garden Grove together.
Sincerely,
Khoa Duong, PE
Vice President, Building Services
SECT ION 1
786
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO. CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 2 Experience & Qualifications
F I R M O V E R V I E W – C S G C O N S U L T A N T S
CSG Consultants, Inc. (CSG) is an employee-owned California company with its local office located in Irvine with headquarters in Foster City, CA. Additional support is available from our regional offices in Sacramento, Pleasanton, San Jose, Newman, and Paso Robles. Founded in 1991, CSG performs work solely for public agencies, which eliminates the potential for conflicts of interest between developers and agencies. This allows us to focus exclusively on the needs of our municipal clients.
CSG is built on integrity, consistency, and accountability. To guarantee these core values are at the heart of every aspect of the work, all services are performed exclusively by CSG employees. All team members representing CSG are direct employees, receiving benefits and statutory protections, fully aligned with our values, trained to our standards, and committed to delivering quality without compromise. CSG does not utilize independent contractors (also known as 1099 workers).
NAME OF FIRM: CSG Consultants, Inc.
PRIMARY POINT OF
CONTACT:
Eric Haghani, MS, PE, SE, CBO | Vice President of Building Services (714) 568-1010 office • (714) 568-1028 fax • [email protected] LOCAL OFFICE: 3240 El Camino Real, Suite 190, Irvine, CA 92602 (714) 568-1010 office • (714) 568-1028 fax
www.csgengr.com • [email protected]
HEADQUARTERS: 550 Pilgrim Drive, Foster City, CA 94404
(650) 522-2500 phone • (650) 522-2599 fax
REGIONAL OFFICES: 2150 River Plaza Drive, Suite 255, Sacramento, CA 95833 3875 Hopyard Road, Suite 141, Pleasanton, CA 94588
3150 Almaden Expressway, Suite 255, San Jose, CA 95118
930 Fresno Street, Newman, CA 95360
806 9th Street, Ste 2A, Paso Robles, CA 93446
YEARS IN BUSINESS: 35 Years • Founded in 1991
OWNERSHIP: Employee-Owned
EMPLOYEES: 350+
TYPE OF BUSINESS: California S Corporation • Incorporated June 15, 2000 • Federal ID: 91-2053749 SECT ION 2
787
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO. CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 3 S C O P E O F S E R V I C E S
Based on the scope of work, CSG understands
that the City is seeking a qualified consultant to
provide Plan Review, Inspection, and Code
Enforcement Services to support the City’s
Building Division. The City has seen an increase
in applications submitted, plans submitted,
inspections performed, and code cases opened
from 2024-2025 and has several major
development projects in the pipeline. CSG can
readily provide the City with the following
resources:
Full-range of building department staff resources—including plan reviewers, inspectors, and code enforcement officers.
Providing licensed Professional/Structural Engineers, CASp certified plan reviewers, and ICC certified Building Officials, inspectors, and plans examiners. CACEO/PC832 certified Code Enforcement Officers.
Reviewing all plans and supporting documents submitted for projects for which a building permit is required, as well as reports specifying corrections (if needed). Ability to meet or exceed City’s turnaround times.
Processing plan revisions and assuring corrections are timely, thorough, and satisfactory. Providing exceptional customer service and answering public inquiries via telephone, mail, email, virtual meetings, conference calls, or in-person at the public counter. Facilitating special projects and lending expertise to address complex components. Conducting thorough reviews of plan check applications to assure accuracy and to provide necessary revisions.
Commercial, Residential, Combination, and Mechanical/Electrical/Plumbing Inspectors. Staff familiar with the City’s Bluebeam software and VivaCivic workflows having worked alongside City staff in the past.
Some of the City’s notable current development projects are very similar in nature to projects where CSG has provided comparable requested services. Our familiarity with similar projects in the region translates to thorough, streamlined reviews, inspections, and follow-up code enforcement action. We understand the City’s current projects include, but are not limited to:
Civic Center Revitalization Project – New police headquarters (up to 104,000 sq. ft.), new 448- space parking garage, and a new park, all within the City’s Civic Center Area. Garden Grove Apartments – A new 7-story, 98-unit multi-family residential apartment complex, which includes (10) affordable housing units.
Bixby Apartments – A new 3-story, 27-unit residential apartment complex that includes three (3) affordable housing units.
True Jesus Church Expansion – Demolition of an existing assembly building and ancillary building to construct a 7,430 sq. ft., 2-story, multi-purpose building on an existing church site. Warehouse Building on Lincoln Way – A new 50,300 sq. ft. shell industrial building. In-N-Out Drive-Thru Improvements – Demolition of an existing vacant restaurant to reconfigure the drive-thru lanes and parking area for an existing In-N-Out restaurant. 788
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO. CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 4 O R G A N I Z A T I O N A L C H A R T
CSG proposes the following staff and organizational structure for requested services for this contract.
Eric Haghani will serve as the point of contact for the City. All proposed staff are assigned to our local office in Irvine, CA. Work will be performed in our Irvine office. Resumes with detailed qualifications of proposed key staff are provided in the Appendix. No subconsultants will be utilized for this work.
Eric Haghani, MS, PE, SE, CBO
Vice President, Building Services
BUILDING PLAN REVIEW
Matthew Corrigan, PE
Associate Plan Check Engineer
Yoko Tanaka, MS, PE, SE
Principal Structural Engineer
Chi Tran, MS, PE, SE, CBO, CASp
Principal Structural Engineer
Khanh Nguyen, MS, PE, CBO
Principal Plan Check Engineer
Fred Marzara, MS, PE, CBO
Principal Plan Check Engineer
Ali Davani, MS
Associate Plan Check Engineer
Michael Leiendecker, CBO
Principal Plans Examiner
Gerald Quast
Principal Plans Examiner
Mike Teemant, MCP, CBO
Principal Plans Examiner
Frank Biangone
Principal Plans Examiner
Mark Sallee
Principal Plans Examiner
CODE ENFORCEMENT
Lee Holt, CCEO
Code Enforcement Manager
Gloria Murillo, CCEO
Senior Code Enforcement Officer II
Martha Villasenor CCEO
Code Enforcement Officer II
Khoa Duong, PE
Vice President, Contract Manager
BUILDING INSPECTION
Mark Carnahan, CBO
Building Inspection Supervisor
Doug Smith
Building Inspector
789
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 5 B U I L D I N G P L A N R E V I E W S E R V I C E S
Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge thorough and accurate reviews and prompt turnaround times and offer proven digital plan review services and comprehensive online status reports.
CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.
Compliance Standards
Our engineers and plan reviewers carefully review all plans and documents for compliance with building codes, fire codes, energy conservation standards, and accessibility regulations adopted by the State of California, and all local policies and ordinances including but not limited to:
California Building Code, Volumes 1 and 2
California Residential Code
California Electrical Code
California Plumbing Code
California Mechanical Code
California Fire Code
California Energy Code
California Green Building Standards Code (CALGreen)
California Existing Building Code
California Health and Safety Code
National Fire Protection Association (NFPA) Standards as adopted and referenced by the State of California (California Code of Regulations, Title-19)
State Historical Building Code
NPDES/WQMP/SWPPP Compliance
Local adopted ordinances and amendments related to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies On-Site Plan Review Services
Drawing from a large team of experienced plan reviewers, CSG has the ability to provide the City with temporary, as-needed, on-site plan review staffing during periods in which City staff is on vacation, ill or otherwise not able to perform services.
Digital Plan Review
CSG has been providing digital plan
review services for over 20 years,
leading the consultant field with this
ground-breaking service. All paper plans
submitted to CSG for building and fire
plan review are immediately scanned
into digital files and stored on CSG’s servers for quick and easy access by both our clients and our plan reviewers.
Our plan reviewers furnish electronic versions of their plan comments conforming to each client’s established correction list templates. Any additional forms utilized by the agency will be incorporated into the correction comments and returned with the appropriate recommendations.
Leading the field in
digital plan review
services for more
than 20 years.
790
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 6 Plan check comments can be delivered electronically by email or other agency-approved means, enabling staff to immediately modify CSG’s checklist for incorporation with other department comments. We provide convenient, environmentally friendly digital storage of all construction-related documents, and on request, can provide clients with a set of digitally scanned plans at no additional cost.
In addition, for jurisdictions requesting a pure digital plan review workflow, we can enable an applicant to submit digital files—with no size limitations—directly to CSG via our web-based application. Our application includes an online portal for the applicant/jurisdiction to retrieve comments and marked-up digital plans including redlines. Importantly, this service tracks the status of all submittals and re-submittals until the plans have been approved.
Key features of our digital plan review service include:
Efficient. Plans are pushed to plan review staff the same day they are received. User-friendly. CSG developed its own online portal specifically to manage the electronic file submittal process. Through use of this interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex file transfer settings.
Proven. We have provided a digital plan review option to our clients for over 20 years. Non-Proprietary. CSG’s electronic review process is 100% PDF-based with no additional software required to view redlines.
Online Plan Check Status
CSG offers a convenient service allowing clients to check plan review status and comments online. By accessing our secure Plan Check Status website, agency staff as well as authorized applicants can view their project documents and plans and communicate with the specific plan checker via e-mail. Staff and authorized applicants can download comments upon completion of the plan check.
Pickup and Delivery of Plans
CSG will coordinate pickup and delivery of plans and other materials from/to the agency via CSG personnel or an approved alternative service.
Green Building and LEED Accreditation
Our Building Division team is experienced in plan review and inspection for compliance with CALGreen and local green building ordinances and includes LEED Accredited Professionals. In addition, CSG has the qualifications necessary to assist with both the development of policy and the implementation of green and sustainable building practices. CSG’s Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs and public outreach to the building industry.
CASp Review Services
We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified team members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. In accordance with current regulations, CSG can provide CASp certified professionals to review plans for accessibility and to facilitate compliance with regulations when requested.
791
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 7 B U I L D I N G I N S P E C T I O N S E R V I C E S
CSG provides fully integrated,
multi-disciplined building
inspection services for residential,
commercial, and industrial
projects. Our inspection
personnel have an outstanding
mixture of technical expertise and
experience in all construction
types. We provide experienced
ICC certified inspectors who work
with a team approach to ensure
compliance with applicable codes
and requirements and provide solutions to mitigate potential risks and safety hazards. Using well-honed customer service and communication skills, our inspectors excel at educating stakeholders to keep projects moving forward. Our
inspectors also utilize current technologies and equipment to view plans and documents, research related code
requirements, document field conditions and progress, and share that information with stakeholders while in the field.
Key services include but are not limited to the following:
Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes Offering code interpretation and education
Seamlessly integrating into client organizations and consistently enforcing policies and procedures Addressing and resolving inquiries
Maintaining records and files
Providing all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties, at no additional cost to the City.
Inspection Availability
CSG inspectors can be ready to provide services upon request to CSG’s designated project manager. We are flexible and can alter our hours to meet the City’s needs. Evening and weekend inspections for special construction needs can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received.
CSG provides all
vehicles, fuel,
maintenance, and
other equipment
necessary for
inspectors to carry
out duties, with no
additional charges.
792
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 8 C O D E E N F O R C E M E N T S E R V I C E S
Code enforcement activities are a crucial service to ensure not only public health and safety, but also to enhance
economic development throughout a community. Blighted
conditions such as graffiti on public and private properties, illegal dumping, vacant lots, overgrown vegetation,
deteriorated building exteriors, missing or broken windows and screens, foreclosures, illegal signs, and inoperable vehicles all contribute negatively to a community’s image and promote deterioration. Municipal Code standards that are enforced will ensure that properties remain attractive, inviting, and safe. Well-kept communities help to maintain or increase values, discourage crime, encourage quality development while preserving the overall quality of life in the community. Additionally, supportive education of community members plays an essential role in a jurisdiction’s ability to self-regulate and reduce program demand.
OUR SKILLS AND APPROACH TO WORK
CSG and its Code Enforcement Officers are driven to provide a high standard of performance and program delivery. In delivery of their services, CSG staff apply knowledge gained from extensive and varied experiences across multiple agencies, with cultural understanding and sensitivities, and technical proficiency gained from certifications including PC 832 (Arrest Search and Seizure), CPTED (Crime Prevention Through Environmental Design), California Association of Code Enforcement Officers (CACEO), or equivalent. We also achieve efficiencies in service through maintaining computer literacy with software applications including Central Square (TrakIt), Accela, iWorQ, Tyler, Microsoft Office Suite, and other code enforcement databases and supportive platforms. Our staff seamlessly integrate with an agency’s code enforcement team, demonstrating professionalism through clear communication, adaptability, motivation, efficiency, and approachability. As part of their normal duties, CSG officers enforce state/local laws; issue Administrative Citations; author reports, can testify at hearings, and perform other duties as may be required.
TAILORED SERVICE AND DELIVERY
CSG’s Code Enforcement team works to align our services with our client agency’s needs and within the legal framework of the jurisdiction and industry. Our focus is to identify and provide the best suited CSG officer(s) for each client’s needs. Our officers all bring flexibility and adaptability along with transferable knowledge from work in a variety of settings. We are known for our team-orientated approach and the ability to seamlessly integrate within a jurisdiction’s framework. We effectively coordinate with agency staff, include Building, Planning, Community Development, Police, Fire, Legal, Finance, as well as partner agencies.
INTERPERSONAL SKILLS AND APPROACH
A significant portion of our work stems from our interactions and education within communities and with individuals. We emphasize education and promote voluntary compliance with all responsible parties and assist in creating pathways and benchmarks for success. Our officers communicate, collaborate, and respectfully interact with staff and the community. We pride ourselves in our approach, by addressing people with respect, integrity, compassion, and from an ethical foundation. While each officer has their own background and style, to be successful in their duties, all of team members are articulate, coachable, driven, relatable, and effective.
793
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 9 C O M P R E H E N S I V E C O D E E N F O R C E M E N T CSG provides tailored Code Enforcement services to a wide variety of jurisdictions throughout California. Our work includes - development, implementation, and staffing for general and specialized code enforcement programs based on each
community’s specific needs. We also offer program review and code enforcement management services. Our officers maintain accurate records, follow up with stakeholders, and provide effective enforcement to ensure public health and safety. General code enforcement activities include but are not limited to inspections, investigative work, responding to calls for service, preparing and processing all required notifications, and providing appropriate documentation. Our skilled and experienced staff interpret and enforce provisions of the Building, Zoning, Fire, Housing, Nuisance and Property Maintenance, and state and local codes. We also address special issues related to short term rentals, illicit massage, and other identified concerns within the community.
GENERAL CODE ENF ORCEMENT SERVICES
Code Enforcement Officers work to identify violations, engage stakeholders and responsible parties to correct code violations. Examples of violations we address and enforce include:
Building codes
State health & safety codes
Zoning provisions
Public nuisances
Fire codes
Housing codes
Property Maintenance concerns
Other applicable codes
Our skilled and experienced Code Enforcement Officers are adept at delivering multiple aspects of code enforcement. Although a majority of our results are gained by voluntary compliance, our services include a full range of code enforcement activities, including:
Bringing flexibility and transferable knowledge from various jurisdictions We are team oriented and collaborate with staff, partner agencies, and communities Conducting respectful and thorough site inspections and follow up Educating the public and stakeholders regarding the regulations and due process We complete all required documentation
Communicate with and encourage individuals to gain voluntary compliance Utilize administrative remedies including notices of violation and citations Presenting evidence at administrative hearings
Preparing staff reports, as well as committee and City Council presentations Coordination of activities with multiple departments, both internally and externally Review and process license and permit applications
Coordination with contractors for services such as demolitions, clean-ups, fencing, and emergency boarding
Provide supportive documentation to legal counsel and make court appearances, as necessary Prepare documentation for recovery costs
CSG can review existing code enforcement programs to identify inefficiencies and help update appropriate policies and procedures. This may include possible changes or updates to the code, process management, procedures manuals, or structural realignment to facilitate the mission of the code enforcement unit.
794
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 10 F O C U S E D O R C U S T O M C O D E E N F O R C E M E N T S E R V I C E S CSG can tailor and provide a vast menu of customizable approaches and services for client agencies. Our team offers assistance in developing and implementing a wide variety of specialized programs aimed at addressing each community’s unique needs. These programs include responding to economic, technological, and environmental influences. We address specific topic related issues and concerns designed for community safety and conformance.
COMMERCIAL CORRIDOR ENHANCEMENT
CSG can support communities with a focus on commercial corridors through education, neighborhood preservation, and beautification. We address issues such as blight, signage, property maintenance, graffiti, and other visually detracting elements of a designated area. Our approach emphasizes building relationships in the community to achieve compliance. We work collaboratively with property and business owners to address violations and any required corrective measures. We can incorporate principles of Crime Prevention Through Environmental Design (CPTED) to address concerns regarding lighting, visibility, and access.
CODE ENFORCEMENT SUPERVISION
CSG can provide interim staffing to oversee an agency’s code enforcement personnel and day-to-day activities ensuring, for example, that procedures are followed, caseloads are managed effectively and that code enforcement officers work fairly and consistently with property owners and reporting parties. Our personnel are adept at serving as liaisons for code enforcement units when interacting with members of other departments. CSG Code Enforcement Managers may be called upon to attend department meetings, committee meetings and County Council meetings as a code enforcement program progresses. They can also be available to assist code enforcement officers, law enforcement and other County staff as well as representatives of other agencies on field visits when needed.
HOUSING INSPECTIONS
Upon request, CSG will conduct inspections in response to complaints about substandard housing consistent with Health and Safety Code Section 17920. Services could include contacting property owners and tenants, conducting inspections, documenting violations, and monitoring repairs.
795
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 11 DANGEROUS BUILDINGS AND PUBLIC NUISANCES
CSG will assist the City and support the Building department in administering the Uniform Code for the Abatement of Dangerous Buildings and Nuisance Chapter of the Municipal Code, including the following services:
Conduct preliminary investigations of conditions of property and make initial contact with tenants and property owners as appropriate;
Prepare courtesy notices and warning letters as appropriate; Conduct inspections and prepare documentation of violations; Prepare inspection warrants if necessary in order to gain access to conduct inspections; Prepare “Compliance Orders” and “Notice and Orders;”
Organize appeal hearings if needed;
Conduct follow-up inspections to monitor compliance with “Compliance Orders” and “Notice and Orders;”
Provide support to legal counsel including preparation of declarations and documentation suitable for submission to Court;
Make Court appearances as necessary; and
Prepare documentation for recovery of costs through administrative penalties and recordation of liens. Appearing as expert witnesses
HEARING OFFICER SERVICES
If requested, CSG will assist the City with an on-call or designated Administrative Hearing Officer providing the following services:
Conducting Administrative Hearings: CSG’s Hearing Officer will preside over administrative hearings and ensure proper conduct during proceedings. CSG’s Hearing Officer will hear all parties and review relevant evidence to determine an unbiased decision and/or recommendation based on the facts presented.
Management of Procedural Issues: This includes ruling on motions, written appeals, and other related evidence. CSG’s Hearing Officer also has the authority to administer oaths, receive testimony, and is committed to upholding due process while facilitating an impartial environment where all parties can fairly present their case. Records Management: CSG’s Hearing Officer will maintain detailed records of all proceedings, compiling all pertinent documents and evidence. Additionally, a transcript of the proceedings can be provided upon request.
Issuing Decisions: After careful review of the evidence, information, and arguments presented during hearings, CSG’s Hearing Officer will issue a written decision detailing the findings and a subsequent order and/or remedy to be executed.
We have also provided council presentations and updates supporting the impactful work delivered within those communities.
796
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 12 B U I L D I N G & S A F E T Y P R O J E C T E X P E R I E N C E The following is a small sampling of projects for which members of CSG’s proposed team members have provided building plan review and/or inspection services for:
HILTON WATERFRONT BEACH RESORT EXPANSION | CITY OF HUNTINGTON BEACH, CA Building Plan Review & Inspection
CSG’s staff provided Building Plan Review and Inspection services for the expansion of the Hilton Waterfront Beach Resort. The expansion included a nine-story tower providing a total of 156 new guestrooms with appurtenant facilities. It also includes approximately 13,700 sq. ft. of meeting space, full-service business center, casual dining restaurant, combined grocery/gift store, secondary retail/recreational services store, children's club providing supervised play, health spa, and a fitness facility.
PACIFIC CITY | CITY OF HUNTINGTON BEACH, CA
Building Plan Review & Inspection
CSG performed building plan review and inspection for the Pacific City development in Huntington Beach. Pacific City rests on a 31-acre piece of land fronting Pacific Coast Highway across from the Huntington Beach Pier. The project includes: Paséa, a luxury oceanfront hotel & spa; The Residences at Pacific City, a 516 “beach-luxe” apartment home complex; a 191,000 sq. ft. area with outdoor shopping, a fitness/spa facility, and restaurants; and an underground parking structure for visitors, and above-ground parking structure for the residents. The plan check and inspection process involved numerous permits, including new construction, tenant improvements, and others.
THE HUB | CITY OF FULLERTON, CA
Building Plan Review
CSG is providing building plan review for “The Hub,” a 420-unit, mixed-use development that replaces an existing commercial center in Fullerton, CA. The new development will feature retail, housing, residential amenities, and a garage. The multifamily component consists ofstudio to 4-bedroom units and townhomes, while the amenities include a pool, roof deck, fitness area and balconies. The project will have five levels of Type III-A construction above Type I-A podium.
HOLLYWOOD PARK CASINO AND PARKING STRUCTURE | CITY OF INGLEWOOD, CA Building Plan Review
CSG provided complete plan review for the new Hollywood Park Casino and associated parking structure. The plan review included: all interior walls and finishes, floor finishes, millworks and ceiling components; all MEP equipment; interior and exterior site lighting fixtures; under-slab and in-slab utilities, and slab on grade at food service areas, and telecommunication system. The casino component of the Hollywood Park redevelopment project consists of a new casino building and dedicated parking structure on a 10.6-acre parcel. The casino building includes an enclosed 110,000 sq. ft. single story tilt-up concrete structure approximately thirty-seven feet tall. The grand entry is a 33-foot-tall curtain wall fronted by a 10,000 sq. ft. porte-cochere. Several partially enclosed exterior verandas are also incorporated 797
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 13 into the design. The adjacent parking structure provides approximately 1,430 parking spaces in four levels in addition to the approximately two hundred spaces of new surface parking. The project also included deferred submittals for the fire sprinkler system, fire alarm system, exterior monument signage, seismic MEP supports, low voltage and surveillance systems, stair, exterior curtain wall system, fences over 6’-0”, exterior verandas, MEP components bracing, and interior architectural components bracing.
OCVIBE ENTERTAINMENT DISTRICT | CITY OF ANAHEIM, CA
Building Plan Review
CSG has performed building plan review for
multiple structures that will be featured in the
ocV!BE entertainment district, a 95-acre mixeduse project that will be built around the Honda Center in Anaheim, CA. The project falls under
the City’s planning for the Platinum Triangle, an
area that includes the Honda Center, Angel
Stadium of Anaheim, and the ARTIC transit
center. This $4 billion dollar project will add a
5,700-seat concert hall, 50,000 sq. ft. food hall,
new parking structures, as well as numerous new restaurants, retail spaces and amenities. Construction began in late 2022, with the first phase expected to be open to the public by 2025. The estimated completion date for the entirety of the project is 2028, in advance of the 2028 summer Olympics in Los Angeles. Below is a list of structures that for which CSG provided plan review services for:
• Market Hall & Restaurant Row (2695 E. Katella Avenue, Anaheim, CA) CSG provided building plan review for the Market Hall & Restaurant Row project, a 6-story mixed-use building that includes a market hall, tenant office space, restaurants, and parking. This 26,003 sq. ft. structure features construction type I-A for the first two levels, and III-A for levels 3-6. The occupancy groups include A-2, B, and S-1, and all plans were reviewed against 2019 CBC codes. • Concert Venue (1600 South Douglass Road, Anaheim, CA) CSG performed plan review services for the ocV!BE Concert Venue, a 69,000 sq. ft. structure that will be part of the entertainment district development. Designed to accommodate approximately 5,550 occupants, the 4-story low-rise structure features Type IB Construction and will cater to primarily occupancy Group A-1 for performance events. Since the venue will also function as a non-separated mixed-use purpose facility (CBC Sections 508.3 and 508.4) that will host various events, additional occupancy groups will include A-2, A-3, B, S-1 and S-2. • Honda Center West (2695 E. Katella Avenue, Anaheim, CA) CSG provided plan review services for the Honda Center West extension, a single-story addition to the existing venue. It will serve occupancy groups A-2 and M, as it’s intended for tenant dining and retail space. The extension will also include a feature canopy and terrace at the roof level. The construction type is I-A, with a total building area of 29,150 sq. ft.
VARIOUS PLAN REVIEW | CITY OF BEVERLY HILLS, CA
Building Plan Review & Inspection
CSG performed building plan review and inspection services for City of Beverly Hills projects including:
Residential Plan Review for two-story single family residence with attached porte cochére Plan Review for various tenant improvements
Plan Review for a new 3-story commercial building with automatic parking system 798
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 14 AVION BUSINESS PARK | CITY OF BURBANK, CA
Structural Plan Review
CSG performed structural review for the Avion project in the City of Burbank. The project is a business park on approximately 60 acres of vacant land adjacent to the Burbank Bob Hope Airport consisting of the following components:
Six, two-story buildings for industrial/warehouse uses totaling 1,014,887 sq. ft.; Nine, two-story buildings for creative office uses totaling 142,250 sq. ft.; Two, one-story buildings for retail/restaurant uses totaling approximately 15,154 sq. ft.; One hotel with 166 rooms.
BOLSA ROW | CITY OF WESTMINSTER, CA
Building Plan Review
CSG performed building plan check services for the Bolsa Row project which includes the following:
Apartment Building & Parking Structure - New 5-level, 200-unit apartment building with retail/restaurant spaces on 1st level. 2 internal courtyards with swimming pools and clubhouses.
A 7-1/2 level concrete parking structure wraps around part of the building with direct access on each level. Banquet Building - New 3-level, mixed-use building including restaurants, shops, banquet rooms, kitchen, support areas, a rooftop lounge with bar and kitchen areas, and a bridge connecting to the hotel.
Hotel - New 148 guestroom, 5-level hotel building with retail/shop, lobby/restaurant, and back-ofhouse. Basement level includes additional back-of-house with laundry service. Second level has an event lawn with pool, hospitality suites, and a bridge connection to the banquet building.
HYATT HOTEL | CITY OF ONTARIO, CA
Building Plan Review
CSG provided building plan review for a new Hyatt Hotel in the City of Ontario. The 98,000 sq. ft. hotel features 256 guest rooms, meeting rooms, fitness areas, a restaurant, and bar.
NEW SINGLE FAMILY RESIDENCE | CITY OF LAGUNA BEACH, CA
Building & Fire Plan Review
CSG provided building and fire plan review for a new 3-story, 7,535 sq. ft. single family residence in Laguna Beach, CA. The 5-bedroom, 5-bathroom house features a 2-car garage, kitchen, dining room, great room, theatre, laundry room, gym, steam/sauna room, game room, bar, and a 3-story deck.
SUNNYVALE CIVIC CENTER | CITY OF SUNNYVALE, CA
Building Plan Review, Fire Plan Review & CASp Review
CSG provided building plan review, fire plan review, and CASp review for the Sunnyvale Civic Center, a 4-story, 117,000 sq. ft. structure that will serve as Sunnyvale’s new city hall. The project received an LEED Platinum rating and a Net Zero carbon footprint—the first city hall in the nation to be recognized for attaining both of these standards--and is now recognized as “America’s Greenest City Hall.” The all-electric building is powered by rooftop solar panels, but also features floor-to-ceiling bird-safe windows, light wells and a unique orientation that allows for maximum use of natural light. The new city hall also includes a revamped public safety emergency operations center, with plans to add six acres of public open space, an outdoor amphitheater, and an expanded library. The project was divided into six phases—with CSG being heavily involved in plan reviews for each phase. Throughout each step in the process, CSG helped ensure that all required building, mechanical, electrical, plumbing, and accessibility requirements were met in all six phases. Before the building ever opened to the public, it was recognized as one the Business Journal’s 2022 Structures for public/civic projects. 799
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 15 CITY HALL | CITY OF SAN JUAN CAPISTRANO, CA
Building Plan Review
CSG provided architectural plan review for the new San Juan Capistrano City Hall project. A new 2- story, 16,000 sq. ft. city hall replaced the existing structure that had been a temporary building for decades. It will also include an adjacent affordable housing complex with 50 units. Demolition of the former facility was completed in 2024 and the new City Hall opened in 2025 to the public.
POLICE STATION/HEADQUARTERS | CITY OF LOS BANOS, CA
Building & Fire Plan Review
CSG provided building and fire plan review for the Los Banos Police Station, a 28,000 sq. ft. facility that opened its doors in 2023. The new headquarters includes a dispatch center,
community outreach/meeting space, and house divisions that include the police department, code enforcement, and
detectives. Additional space within the facility includes a briefing room, evidence storage area, locker rooms, a training room, sleeping headquarters and multiple conference
rooms. CSG also provided building and fire plan review for deferred submittals that included a radio tower, impound building, light gauge metal stud framing, and sprinkler systems.
BUTTERFIELD FIRE STATION | CITY OF MORGAN HILL, CA
Building Plan Review
CSG performed building plan review for the Butterfield Fire Station in Morgan Hill, CA. The 6,065 sq. ft. structure will be located between the South County Courthouse and the VTA parking lot and began construction in September of 2023 and was completed in May of 2025. The fire station will utilize all-electric power and will feature two apparatus bays, living quarters and office space for the Morgan Hill Fire Department.
LBA LOGISTICS PARK | CITY OF PATTERSON, CA
Building Plan Review & Inspection
CSG provided building plan review and inspection for the LBA Logistics Park, a 1,006,700 sq. ft. industrial shell building located within Patterson’s Arambel Business Park.
The Class A distribution and/or fulfillment space began construction in 2022 and was completed in 2024.
800
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 16 C O D E E N F O R C E M E N T R E L E V A N T E X P E R I E N C E The following is a small sampling of code enforcement services provided by CSG to demonstrate our capabilities:
CODE ENFORCEMENT SERVICES | CITY OF VENTURA, CA
CSG provided As-needed Code Enforcement Officers to the Community Development Department. Our work has included technical inspections and investigative work that ensured public health and safety. Furthermore, officers responded to citizen calls for service, documentation, prepared all needed correspondence, maintained accurate records and followed up with stakeholders. Our highly qualified staff also interpreted and enforced provisions of the Municipal Code, including the Zoning, Housing, Building, Nuisance and Property Maintenance codes.
CODE ENFORCEMENT SERVICES | CITY OF FULLERTON, CA
CSG provided On-call General Code Enforcement Staff Augmentation for the City of Fullerton. This work included assessment, follow up and closure of older cases, counter interactions with the public, and general code enforcement. Assigned staff were also involved in the City of Fullerton’s cannabis enforcement efforts.
CODE ENFORCEMENT SERVICES | CITY OF LOMITA, CA
CSG responded to a request for Code Enforcement Staff Augmentation for the City of Lomita. Our officer was the driver behind improving the process and addressing of illegal dumping. In addition, they support the assigned city officer and have been impactful in managing some sensitive long-term cases.
SHORT-TERM RENTAL PROGRAM ENFORCEMENT | COUNTY OF VENTURA, CITIES OF MONTEREY
AND SAUSALITO, CA
CSG provided short-term rental enforcement for the
County of Ventura, and had a long-term partnerships
with and City of Sausalito, and the City of Monterey. In Ventura County, we helped set up and service their
TRU (Temporary Rental Unit) program, including
assisting in designing the program, reviewing
applications, working collaboratively with building and planning, performing inspections, and assisting
property owners in completing the permit process. Our
inspectors specialized in enforcing short-term rental regulation, as well as proactively identifying rental properties that are in violation. We handled a large cases load that required taking the appropriate steps through the administrative process and issuance of administrative citations.
GENERAL CODE ENFORCEMENT & STAFF AUGMENTATION | TOWN OF WOODSIDE, CA This is one of many instances where CSG provides a Code Enforcement Officer to support and enforce local ordinances. This includes inspections and investigative work that ensures public health and safety, in addition to resolving other or nuanced complaints and violations. This includes responding to citizen calls for service, documentation, preparing all needed correspondence, maintaining accurate records and followed up with stakeholders. Our highly qualified staff also interpret and enforce provisions of the Municipal Code, including the Zoning, Housing, Building, Nuisance and Property Maintenance codes.
801
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 17 CODE ENFORCEMENT TRAINING OFFICER | CITY OF GUSTINE, CA CSG staff served as a training officer for their code enforcement staff in the City of Gustine. Training of their new officers included municipal code interpretation, inspections, investigations, case management officer safety practices, business licensing, field checks, handling citizen complaints, and exercising safe and sound decision-making at all times.
ACTING CODE ENFORCEMENT SUPERVISOR | CITY OF MODESTO, CA CSG staff served as the interim Code Enforcement Supervisor for their Neighborhood Preservation Unit in the City of Modesto. Duties included assisting with case management, officer training, departmental coordination, officer and case management oversight, assessing and helping improve response times, staff morale, and overall improvement to program functions.
SPECIALTY PROGRAM – “AGED CASES” | CITY OF CAMPBELL, CA CSG has a long-standing relationship working with the City to focus on the management and closure of older cases. Many of these cases have complexities that include incomplete records, multiple changes in ownership, cross-platform violations, and other challenging characteristics. These cases have required the experience of a veteran officer due to the high level of finesse needed to manage non-compliant responsible parties. A significant number of cases required direct coordination with and approval of various departmental City staff. Our officer has coordinated with outside resources (e.g., County agencies), created a new collaborative model and unified partnership with Building and Planning Departments, and represents the Community Development Department as a seamless extension of the City. CSG’s code enforcement officers’ work for the City of Campbell has resulted in a substantial caseload reduction and has been able to successfully close “unsolvable” cases. Through this assignment, CSG has been able to showcase its diversity in problem solving, diplomacy, ability to work with a community, beneficial coordination, organizational approach, supportive documentation abilities, and a capacity to effectively tailor services for communities with distinct needs.
MASSAGE PROGRAM IMPLEMENTATION AND MANAGEMENT, HOUSING INSPECTION, GENERAL CODE ENFORCEMENT | CITY OF SAN RAFAEL, CA
CSG’s Code Enforcement staff has assisted the city in the development and ongoing implementation of its highly successful Massage Inspection Program (MIP). The program provides full administrative services in managing and monitoring all permitted massage businesses in San Rafael and addressing unpermitted activities. This is done in combination with specialized inspections: initial inspections, annual inspections, compliance inspections, sting operations, and after-hour & weekend inspections.
Additionally, the staff coordinates the following administrative duties on the City’s behalf: new-business intake and certifications, employee registrations (including credential verification), public education, permitting, and issuance of administrative citations. Additionally, we have also provided full-service support for City’s Housing Inspection Program (HIP), Residential Building Record (RBR) program which addresses current property status in resale situations (and addresses unpermitted construction), and general code enforcement support.
PROGRAM ASSESSMENT SERVICES | SAN JOAQUIN COUNTY, CA
CSG performed a comprehensive program evaluation to examine processes to improve operational benchmarks and efficiency. This effort included a thorough review of services and interactions with collaborative departments. A formal report encapsulating the findings and recommendations was provided to the agency for reference.
COMMUNITY DEVELOPMENT BLOCK GRANT | CITIES OF LOS BANOS, LIVINGSTON, CA CSG provided Community Development Block Grant (CDBG) sponsored inspection services and assistance, including general code and vehicle abatement support services in the cities of Los Banos and Livingston. Our inspectors effectively specialized in resolving blight and nuisance complaints in these cities by concentrating inspection and nuisance abatement services within the low to moderate income census tracts in block grant cities.
802
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 18 References
C S G C L I E N T A G E N C I E S – B U I L D I N G S E R V I C E S The following is a partial list of regional references for which CSG has provided services similar to those requested by the City. Additional references can be provided upon request.
City of Burbank
Russell Freesland
Plan Check Engineer Manager
75 East Olive Avenue
Burbank, CA 91502
(818) 238-5293
[email protected]
Building Plan Check Services
2021−Ongoing
City of Beverly Hills
Arlen Eskandari
Deputy Building Official
455 N Rexford Drive
Beverly Hills, CA 90210
(310) 285-1113
[email protected]
Building Review / Public Works
2017−Ongoing
City of Inglewood
Mandhir Singh
Building Official
One Manchester Boulevard
Inglewood, CA 90301
(310) 412-5294
[email protected]
On-Call Development Review & Building Plan Check
2013−Ongoing
City of Huntington Beach
Jasmine Daley
Building Official
2000 Main Street
Huntington Beach, CA 92648
(714) 375-5147
[email protected]
Staff Augmentation, Building Plan Review and
Inspection, and Counter Technician Services
2001−Ongoing
City of Westminster
Justin Nguyen
Building Official
8200 Westminster Blvd.,
Westminster, CA 92683
(714) 548-3475
[email protected]
Building & Fire Plan Review & Inspection Services
2018−Ongoing
City of Stanton
Crystal Landavazo
Community & Economic
Development Director
7800 Katella Avenue
Stanton, CA 90680
(714) 890-4213
[email protected]
Full-Service Building Department
City of Fullerton
Tri Nguyen, PE
Building Official
303 W. Commonwealth Avenue
Fullerton, CA 92832
(714) 738-6748
[email protected]
Full-Service Building Department
City of Anaheim
Scott Beery
Building Official
200 S. Anaheim Blvd. 1st Floor #162
Anaheim, CA 94706
(714) 7654130
[email protected]
Building Plan Review
SECT ION 3
803
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 19 R E F E R E N C E S – C O D E E N F O R C E M E N T S E R V I C E S The following is a partial list of references for which CSG has provided similar code enforcement services.
City of Fullerton
Cecilia Vasquez
Interim Code Enforcement Manager
303 W. Commonwealth Ave.
Fullerton, CA 92832
(714) 738.2844
[email protected]
Code Enforcement Services
City of Lomita
Adrian Fernandez
Community and Economic Development Director
24300 Narbonne Ave.
Lomita, CA 90717
(310) 325-7110 x 122
[email protected]
Code Enforcement Services
County of Ventura
Jonathan Woods
Code Compliance Manager
800 S. Victoria Avenue
Ventura, CA 93009
(805) 654-2446
[email protected]
Code Enforcement Services
City of Lake Forest
Amy Stonich
Community Development Director
100 Civic Center Drive
Lake Forest CA 92630
(949) 461-3479
[email protected]
Code Enforcement Services
City of Ventura
Keith Johnston
Code Enforcement Supervisor
501 Poli Street
Ventura, CA 93001
(805) 654-7720
[email protected]
Code Enforcement Services
City of Larkspur
Andrew J. Mogensen
Community Development Director
400 Magnolia Avenue
Larkspur, CA 94939
(415) 927-6713
[email protected]
Code Enforcement Services
804
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 20 Cost Proposal
C S G F E E S C H E D U L E F O R B U I L D I N G A N D S A F E T Y S E R V I C E S CSG’s fee schedule for proposed work is provided below. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. Plan review is based on a percentage of the agency’s plan check fees and includes the initial plan review and two subsequent reviews. Deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency. Final fees are negotiable between the City and CSG.
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Off-Site Building Plan Review by Percentage
Full Building Plan Review by Percentage ($1 Million or Less) 70% of Agency’s Building Plan Check Fees Full Building Plan Review by Percentage ($1-$10 Million) 70% of Agency’s Building Plan Check Fees Full Building Plan Review by Percentage ($10-$50 Million) 65% of Agency’s Building Plan Check Fees Full Building Plan Review by Percentage ($50 Million+) 60% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 45% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage 95% of Agency’s Building Plan Check Fees Minimum Plan Review Fee Per Project (See Exclusions) $250 On-Site and Off-Site Building Plan Review (Hourly Rates) Building Plan Review $185
Structural Only Plan Review $210
CASp Plan Review/Consultation $240
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Building Inspector $125
Senior Building Inspector (Combination Inspector) $145
Building Grading Inspector $145
Administration/Plan Processing $80
Code Enforcement Services
Code Enforcement Manager $205
Administrative Hearings Officer $180
Code Enforcement Supervisor $170
Senior Code Enforcement Officer $160
Code Enforcement Officer II $140
Code Enforcement Officer I $120
Overtime Rate (in excess of 8 hours per day) 1.5 x Hourly Rate TERMS & CONDITIONS:
All plan review based on percentage of the agency’s plan check fees includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate.
Minimum percentage plan review fee per project excludes Solar, ESS, or EVCS reviews. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.
SECT ION 4
805
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 21 Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the agency and CSG.
Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the agency prior to proceeding.
Overtime/services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. Services provided on weekends will be billed a 2x the applicable hourly rate. Hourly rates for publicly funded projects will be based on current prevailing wage rates. CSG’s hourly rates will remain in effect for the first (12) months of the contract term. On July 1 or the anniversary the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region.
CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.
For hourly projects only, performance of plan review services utilizing the agency’s adopted plan review software (e.g., ProjectDox or Bluebeam Studios) to, for example, markup plans with corrections and redlines and/or coordinate with other internal agencies, may involve additional time being added to the plan review time at the associated plan review rate.
*Administration/Plan Processing fees are incurred for specific additional services requested by the agency beyond the normally provided CSG administrative services which typically include coordinating the pick-up and return of plans; performing scanning, collating, and tracking; and providing plan review status updates to the agency. Cost for additional services will be negotiated based on the type of request with a minimum fee based on 0.5 hours of service per project.
806
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 22 B U I L D I N G P L A N C H E C K T U R N A R O U N D T I M E S CSG strives to provide the highest quality and most timely service in the industry. We take pride in maintaining the requested review times for all our clients—even delivering faster than our own deadlines.
Our goal is to approve code-compliant projects and to move work quickly and successfully through jurisdictional processes. CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner.
The following are CSG’s proposed plan check turnaround times:
TYPE OF REVIEW INITIAL REVIEW
(BUSINESS DAYS)2
RE-CHECK
(BUSINESS DAYS)2
Residential New Construction 10 5
Residential Additions 10 5
Small Residential Remodels 10 5
Commercial New Construction & Large/Complex Projects1 15 10 Commercial Additions 10 5
Small Commercial Remodels/Tenant Improvements 10 5
Residential Solar 7 5
Commercial Solar 10 5
Expedited1 5-10 5
1Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround time, CSG will notify the City’s representative and negotiate additional time required to ensure an appropriate level of review.
2 The number of working days associated with the plan check turnaround time is based on time of project submittal. The first working day will be the day the project is received by CSG if submitted by 12:00 PM (Noon). For a project that is received by CSG after 12:00 PM, the first working day will be the next business day.
Note: Turnaround times for housing projects subject to State streamlining will comply with State law. This includes, but is not limited to, ADU’s, SB 9 units, SB 35, by-right and ministerial housing projects.
Expedited Plan Check Services
At the City’s request, we can perform plan check services on an accelerated schedule based on the fees indicated in our fee schedule.
Office Hours and Meeting Availability
CSG plan checkers are available for inquiries anytime during normal business hours via phone or email, Monday through Friday. Our plan checkers can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the day after a request has been received. To assist the City, we can also meet in-person with City staff and project stakeholders or can utilize video conferencing with all parties involved.
Pre-Design Consultation
Additionally, we recognize the value of pre-design consultation with prospective applicants for large/complex projects and are available to provide this service at no additional cost. Our designated Project Manager and/or technical staff will be available in-person or virtually for consultation and meetings with a reasonable lead time.
807
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 23 Additional Information
A D D E N D U M 1
CSG confirms receipt of Addendum 1, issue on 04/13/2026 and has included a copy herein.
A T T A C H M E N T C – B I D D E R C O N T R A C T S T AT E M E N T Attachment C (Bidder Contract Statement) has been completed and included herein.
A T T A C H M E N T A – C I TY’ S S T A N D A R D S E R V I C E S A G R E E M E N T CSG has reviewed the City’s Standard Services Agreement (Attachment A), confirms it can meet the City’s insurance requirements, and is willing to accept as is. However, we request that the City consider the following proposed modifications:
3.2 Payment. Please add:
For any undisputed portion of the invoice that remains unpaid more than sixty (60) days after City's receipt of an invoice that complies with all requirements of this Agreement, City shall pay Consultant a late payment charge of one and six-tenths percent (1.6%) per month on the unpaid undisputed amount, calculated from the date such amount became past due until paid. No late payment charge shall accrue on any portion of an invoice that City disputes in good faith in writing, provided City gives Consultant written notice of the dispute (including reasonable detail regarding the basis for the dispute) within thirty (30) days after receipt of the invoice; late payment charges on any disputed portion, if ultimately determined to be owed, shall begin to accrue thirty (30) days after the dispute is resolved and Consultant resubmits a corrected invoice or other documentation reasonably necessary to process payment.
4.3 (c): Given this is an as-needed services, there is no true “completion of service provided.” Recommend this change
Professional liability in an amount not less than $2,000,000. Insurance companies must be admitted and licensed In California and have a Best’s Guide Rating of A-Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the contract expiration date or service termination date.
20. California Law. Please add
Dispute Resolution. The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement by non-binding mediation. Either party may provide written notice requesting mediation; mediation will begin within thirty (30) days after notice unless the parties agree otherwise in writing. The parties will select a mediator; if they cannot agree within ten (10) days after notice, either party may request appointment by JAMS (or, if unavailable, the American Arbitration Association). Mediation will be held in Orange County, California, unless the parties agree otherwise in writing. If the dispute is not resolved within sixty (60) days after the mediation notice (or a longer period agreed in writing), it will be resolved exclusively by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, as modified by this Agreement, before a single arbitrator in Orange County, California. The arbitrator may award any remedy available at law or in equity, but may not award punitive or exemplary damages unless authorized by applicable law and not waived by the parties.
Judgment on the award may be entered in any court of competent jurisdiction. The parties will share mediator/arbitrator and administrative fees equally; each party will bear its own attorneys’ fees and costs unless otherwise awarded under this Agreement. The prevailing party in any arbitration or court proceeding to confirm, enforce, or vacate an award may recover its reasonable attorneys’ fees and costs.
SECT ION 5
808
1 BIDDER/CONTRACTOR/CONSULTANT STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with IFB/RFP Package)
This signed document must be included with your bid/proposal package in order for your bid/proposal to be considered complete!
BIDDER/CONTRACTOR/CONSULTANT HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the attached Insurance Requirements Checklist.
Should we/I be awarded the contract, we/I certify that we/I can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agree to name the City/Successor Agency/Sanitary District and other additional insureds as per the agreement for the work specified and we/I will comply with the provisions of Section 3700 compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the performance of the work specified.
Please Print (Person, Firm, or Corporation)
Signature of Authorized Representative
Please Print (Name & Title of Authorized Representative)
Date Phone Number Email
Please note that the City of Garden Grove is partnered with Evident ID for insurance certificate management and compliance services. Evident ID will collect the insurance requirements in the contract on behalf of the City. If you are awarded the contract, you will be contacted by Evident ID, via email, with a link which will take you to The Evident Network. Instructions to how to create an account, upload your insurance documents, check status, and complete all open verifications will be provided to you.
NOTE: All insurance certificates and endorsements must be received by or sent to Evident ID within ten (10) City working days of the original request or the City reserves the right to proceed with the next lowest responsible bidder or the next highest scoring proposer in the process. Please do not send any insurance documents to the City directly unless requested by City staff.
809
ADDENDUM No. 1
Covering
CHANGE IN SPECIFICATIONS AND/OR PLANS
Date Issued: April 13, 2026
Date Effective: April 13, 2026
RFP No. CDD-005
Contract: Plan Review, Inspection, Code Enforcement and Building & Safety Contractual Services
INTENT
1. This addendum is issued prior to receipt of proposals to provide for modifications in plans and/or specifications. Acknowledgment of this addendum shall be made in proposer’s submittal.
2. Questions and Reponses received are as follows:
1) How many consultants does the city plan to select?
a) Unknown, the amount will be based on qualifications. 2) Can consultants submit only for specific services, such as plan review? a) Yes, consultants may submit for specific services.
3) Can the plan review services be provided 100% remote? a) Yes, plan review services can be provided 100% remote. 4) Would the City be open to accepting proposals for partial services, such as plan review and inspection services only?
a) Yes, the City is open to accepting proposals for partial services. 5) Will the City accept proposals for Building & Safety Services only? a) Yes, proposals for RFP NO. CDD-005 must provide services found in the Scope of Work. Proposals may provide partial services.
6) The RFP states: "The selected Consultant(s) shall provide the requested services in City Hall located at 11222 Acacia Parkway, Garden Grove, CA 92840, and be readily available to assist the Building & Safety Division’s customers unless the City directs otherwise." Will the City require plan review services to be performed by staff stationed at City Hall?
a) Plan review services can be performed remote and do not have to be stationed at City Hall. Staff must be available to answer questions during business hours.
3. The contractor is hereby notified that Addenda 1 must be acknowledged and submitted as part of the proposal package. Failure to do so could result in the City designating said proposal as "Non Responsive". All the terms and conditions of the PROPOSAL shall remain the same.
Issued by: Sandra Segawa
Sandra Segawa
C.P.M., CPPB, CPPO, NIGP-CPP
Purchasing Division Manager, City of Garden Grove
810
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 24 Appendix
R E S U M E S
Resumes for CSG’s proposed key personnel are provided on the following pages for the City’s review. 6 SE CT IO N
811
25 Khoa
LICENSES & CERTIFICATIONS
Professional Engineer,
State of California
| 43901
Professional Engineer,
State of Nevada
| 013620
Certified Plans Examiner
| ICC 0840436-B3
Professional Engineer,
State of Washington
| 27237
EDUCATION
Bachelor of Science, Civil Engineering
California Polytechnic State University
| Pomona, CA
Duong PE
Vice Presid ent, Bu ild in g Ser vices/Contract Man ager Mr. Duong serves as CSG’s Building Services Manager in Southern California and performs the key role of plan review quality control. With more than 36 years of experience in building plan review, including onsite plan check engineer services, Mr. Duong ensures that CSG’s clients receive the highest quality plan review services. Prior to joining CSG, Mr. Duong worked in both the public and private sectors.
Mr. Duong’s expertise includes review of complex commercial, industrial and residential structures for compliance with applicable building codes and ordinances, engineering standards and specifications, supplemental energy requirements, and ADA regulations.
R E L E V A N T E X P E R I E N C E
Building Services Manager and Plan Check Engineer | Multiple CSG Client Agencies Mr. Duong manages CSG’s Southern California plan review team and provides on and off-site Plan Review Engineer services for numerous jurisdictions throughout California. Mr. Duong performed structural plan check and non-structural MEP, energy, as well as ADA reviews for commercial, industrial, and residential structures.
Supervising Plan Review Engineer | Willdan
Mr. Duong was responsible for the day-to-day operations of the plan review section in the San Bernardino office and served as plan review engineer for numerous cities and counties throughout California and Nevada.
Vice President in charge of Plan Review | Berryman & Henigar Mr. Duong managed the plan review team for over 10 years.
N O T A B L E P R O J E C T E X P E R I E N C E
Plan Review Engineer | City of San Diego, CA
Pacific City | City of Huntington Beach, CA
Inglewood Market Gateway | City of Inglewood, CA
Bolsa Row | City of Westminster, CA
Sofi Stadium & Performance Venue | City of Inglewood, CA Town & Country Manor | City of Santa Ana, CA
Ganahl Lumber | City of San Juan Capistrano, CA
Hollywood Park Casino & Parking Structure | City of Inglewood, CA Waterfront Hilton Hotel – Expansion | City of Huntington Beach, CA Paséa Hotel & Spa | City of Huntington Beach, CA
Jackson Rancheria Casino | The Jackson Rancheria Band of Miwuk Indians, CA 812
26 Eric
LICENSES & CERTIFICATIONS
Professional Structural Engineering
| S4079
Professional Civil Engineering
| C42200
Certified Building Official
Certified Plans Examiner
| ICC 253530
EDUCATION
Master of Engineering, Civil Engineering
California State Polytechnic University
| Pomona, CA
Bachelor of Science, Civil Engineering
California State Polytechnic University
| Pomona, CA
PROFESSIONAL AFFILIATIONS
Structural Engineer Association of
Southern California (SEAOSC)
International Code Council (ICC)
AWARDS | HONORS
Mayor’s Award for obtaining $3,000,000
FEMA Grant for Huntington Beach City
Hall’s Seismic Retrofit
| City of Huntington Beach, CA
Mayor’s Employee of the Month Award
| City of Dana Point
Haghani MS, PE, SE, CBO
Vice Presid ent, Bu ild in g Ser vices
Build ing Official / Pr incipal Structural En gineer
Mr. Haghani provides plan review, structural plan review and Building Official services on behalf of CSG. He is a highly skilled professional who has a proven ability to work effectively with others under a broad range of conditions and varying environments. His significant experience, sound educational background and positive personal qualities provide excellent qualifications as a Building Official. Mr.
Haghani’s skills include being quality-conscious and dedicated to producing quality results; excellent communication, interpersonal & problem-solving skills; and customer service.
R E L E V A N T E X P E R I E N C E
Building Division Manager | City of Huntington Beach, CA Mr. Haghani’s duties included: Overseeing the operations, services, and activities of the Building Division within the Community Development Department and serving as the City's Building Official; developing and implementing division goals and objectives, administering the division budget, monitoring expenditures, and directing the plan review of complex buildings and structures to determine compliance with pertinent codes, requirements, and standards.
Building Official & Senior Structural Engineer | City of Dana Point, CA Mr. Haghani’s duties included: Overall management of the Building Division as the Building Official and the Sr. Structural Engineer; handling architectural and structural plan evaluation; monitoring inspection and permit staffs; assigning and scheduling workflow/projects; and mentoring, training, supervising, and evaluating staff members.
Plan Check Engineer | City of Huntington Beach, CA
Mr. Haghani’s duties included: Providing comprehensive technical review of plans, specifications and calculations for life-safety, structural integrity, disabled access, and applicable code compliance; and supervising Permit and Plan Check Services Division of the Building and Safety Department in the absence of the Division Head and Manager.
Plan Check Engineer | City of Santa Monica, CA
Mr. Haghani’s reviewed complex architectural and structural drawings, structural calculations, and engineering reports for compliance with construction codes, local ordinances, and state laws.
Structural Project Engineer | Various Private Companies Mr. Haghani executed daily operations of various commercial & residential projects, including hiring, supervision, and mentoring of junior staff engineers.
N O T A B L E P R O J E C T E X P E R I E N C E
Super Bowl LVI Temporary Event | City of Inglewood, CA
16-Story Mixed-use Apartment Building | City of Santa Ana, CA 10-Story Hotel | City of Santa Ana, CA
204-Units Apartment Building | City of Rialto, CA
6-Story 376,200 SF Mixed-use Apartment Building | City of Fullerton, CA New City Hall | City of San Juan Capistrano, CA
50-Affordable Units | City of San Juan Capistrano, CA
813
27 Yoko
LICENSES & CERTIFICATIONS
Licensed Structural Engineer, California
(No. S 6089)
Licensed Professional Civil Engineer,
California (No. C 74864)
ICC Building Plans Examiner
ICC Commercial Building Inspector
ICC Residential Fire Sprinkler
Inspector/Plans Examiner
EDUCATION
Master of Science, Civil Engineering
(Structural/Earthquake Engineering)
University of California, Los Angeles
Bachelor of Science, Civil Engineering
University of California, Los Angeles
PROFESSIONAL AFFILIATIONS
International Code Council (ICC)
ICC Orange Empire Chapter
Tanaka MS, PE, SE
Principal Structur al En gineer
Ms. Tanaka is a professional structural engineer providing building plan review services for CSG Consultants and its clients. She brings over 16 years of experience in the building industry, in-depth knowledge of the California Building Code, CRC, Cal Energy Code and disabled access requirements. Additionally, she has expertise in analysis and design of steel, reinforced concrete, CMU, and wood structures; seismic evaluation and upgrades of existing buildings; and working knowledge of ASCE7, ASCE41, ASCE31, AISC, AISI, ACI, and NDS.
R E L E V A N T E X P E R I E N C E
Senior Structural Engineer | CSG Consultants, Inc.
Ms. Tanaka performs plan review for residential, commercial, and mixed-use buildings, and other structures to ensure compliance with building, mechanical, electrical, plumbing, energy, CalGreen codes, disabled access requirements, local ordinances, and State and Federal law, including the review of structural drawings and calculations. She covers Building counter service at local jurisdictions for over-the-counter plan reviews and customer services as needed.
Senior Civil Engineer – Plan Check | City of Newport Beach, CA For over four years, Ms. Tanaka performed plan review for commercial, residential, and mixed-use buildings for compliance with City of Newport Beach Municipal Code, California Codes, and associated standards, including structural drawings and calculations.
Review Grading/Drainage Plan for residential projects in compliance with City Grading Ordinance and CBC. She provided over-the-counter plan reviews and customer services at City Permit Counter. She communicated with architects, engineers, contractors, and property owners to assist with code requirements and design standards, and response to questions on plan check comments, and coordinated with other City departments as required during plan check review.
Structural Engineer / Project Manager | Private Companies Ms. Tanaka lead structural analysis and computations of various buildings and structures.
She prepares drawings, specifications, reports, and other project deliverables while working with structural team members and other disciplines within the project team to coordinate structural design and address plan check comments. Ms. Tanaka conducted structural observation, reviewed submittals, and responded to RFIs. She interfaced with local government agencies and entities to obtain project permits. She guided and managed junior engineers and review their work.
N O T A B L E P R O J E C T E X P E R I E N C E
Plan Review:
5-Story 346-Unit Apartment Building and 5-Story Parking Structure | City of Huntington Beach, CA Tenant Improvement for Medical Oncology Clinics (OSHPD-3) | City of Huntington Beach, CA 7-Story Mixed-use Apartment Building and 4 new buildings, Brea Mall | City of Brea, CA Tenant Improvement for High School Building | San Juan Capistrano, CA 5-Story Mixed-use Condominium, Uptown Newport | City of Newport Beach, CA 3-Story Mixed-use Apartment | City of Newport Beach, CA 814
28 Chi
LICENSES & CERTIFICATIONS
Structural Engineer
State of CA | 2728
Civil Engineer
State of CA | 33643
Civil Engineer
State of NV | 22985
Certified Building Official
Certified Building Plans Examiner
| 1061872
Certified Access Specialist
EDUCATION
Master of Science, Civil Engineering
| California Polytechnic University
Bachelor of Science, Civil Engineering
| California Polytechnic University
Master’s in business administration
| California Polytechnic University
PROFESSIONAL AFFILIATIONS
California Building Officials Association
(CALBO)
International Code Council
Tran PE, SE, CBO, CASp
Build ing Official / Pr incipal Structural En gineer
Mr. Tran provides professional structural engineering and Building Official services for CSG Consultants and its clients. He brings over 30 years of experience in the building industry, in-depth knowledge of both the California and International Building Code, and experience in all forms of structural construction, including steel, concrete, masonry, timber, and light-gauge steel materials.
Mr. Tran has worked for the County of Orange in various capacities including plan check supervisor, project engineer and Building Official. Through his experience in these roles, Mr. Tran developed a thorough working knowledge of the functions of the Building Department. Mr. Tran’s expertise includes review of complex commercial, industrial and residential structures for compliance with applicable building codes and ordinances, engineering standards and specifications, supplemental energy requirements, and ADA regulations.
R E L E V A N T E X P E R I E N C E
Plan Check Manager | City of Anaheim, CA
Mr. Tran’s responsibilities included: assigning plans to plan check engineers and follow-up to meet turnaround time; working with permit applicants, architects/engineers and plan check engineers to resolve code compliance issues; reviewing alternatives and making recommendations for approval on code modification requests; and providing inspectors, permit applicants, architects/engineers information on code requirements.
Senior Plan Check Engineer | City of Yorba Linda, CA
As a senior plan check engineer for the City, Mr. Tran reviewed building plans for code compliance, reviewed alternatives and made recommendations for approval on code modification requests, and provided inspectors, permit applicants, architects/engineers information on code requirements.
Building Official | City of Fullerton, CA
As a building official, Mr. Tran provided the following services: Working with permit applicants, architects/engineers and plan check engineers to resolve code compliance issues; issuing code interpretations/policies and approving code modifications; and performing site visits with building inspection staff to make final determination on construction problems for code compliance.
Building Official | City of Dana Point, CA
As a building official, Mr. Tran provided the following services: Working with permit applicants, architects/engineers and plan check engineers to resolve code compliance issues; issuing code interpretations/policies and approving code modifications; and performing site visits with building inspection staff to make final determination on construction problems for code compliance.
County Building Official, Plan Check Engineer & Project Engineer | County of Orange, CA Mr. Tran worked as a County employee with increasing responsibilities and promotions for over 33 years. He was the County Building Official during his last 10 years.
N O T A B L E P R O J E C T E X P E R I E N C E
Sofi Stadium & Performance Venue | City of Inglewood, CA Hollywood Park Casino & Parking Structure | City of Inglewood, CA Self-Storage Facility | City of Inglewood, CA
Ritz Carlton Resort and Hotel | City of Laguna Niguel, CA Pelican Hill Resort and Hotel | City of Newport Beach, CA 7-Story Coldwell Bank Office Building | City of Lake Forest, CA John Wayne Airport Terminal Building and Parking Structures | City of Santa Ana, CA 7-Story Orange County Juvenile Court Building | City of Orange, CA Theo Lacy Jail and Juvenile Hall | City of Orange, CA
815
29 Khanh
LICENSES & CERTIFICATIONS
Professional Civil Engineer,
State of California
C51737
Certified Building Official
Certified Building Plans Examiner
ICC 879847
EDUCATION
Master of Science, Structural Engineering
California State University
of Los Angeles
Los Angeles, CA
Bachelor of Science,
Civil Engineering
San Diego State University
San Diego, CA
PROFESSIONAL AFFILIATIONS
Code Adoption Committee
Chairperson (2022 & 2019) Orange
Empire Chapter of ICC
Code Development Committee
Chairperson (2021 & 2020) Orange
Empire Chapter of ICC
Code Adoption Committee (2016,
2013, 2010, 2007, 2004) | Orange
Empire Chapter of ICC
Chapter President (2006) Orange
Empire Chapter of ICC
Honorary Lifetime Member of the
Orange Empire Chapter of ICC |
Inducted in 2016
2009 Environmental Hero Award
(Southern California) Southern
California Edison
2008 Code Official of the Year Award
(National), 1st from California | ICC
2007 Building Department of the Year
Award (State) California Building
Officials Association
Nguyen PE, MS, CB O
Build ing Official
Mr. Nguyen offers CSG’s clients expertise gained from over 30 years of professional experience in the building industry. Mr. Nguyen has an in-depth knowledge of the California Building Standards Codes and extensive experience with local building and safety regulations.
R E L E V A N T E X P E R I E N C E
Principal Plan Check Engineer| CSG Consultants, Inc.
Mr. Nguyen served as the Interim Building Official for the City of Stanton, City of Fullerton, City of Norwalk, City of El Segundo, City of La Habra, and City of Hawaiian Gardens in recent years and assisted those jurisdictions in recruiting for a permanent Building Official.
Mr. Nguyen performed both residential and non-residential plan review projects. His most notable residential project was a 3-story, 66-unit public housing complex, and his most notable and high profile non-residential project was the new Star Wars theme park for Disneyland in Anaheim.
Building Official/Acting Assistant Director/Interim Director | City of Costa Mesa, CA Mr. Nguyen implemented combination permits for efficiency in permit issuance and consistency in inspection. He administered and implemented four consecutive Fall Residential Remodeling Incentive Programs and two consecutive Build Green Incentive Programs.
Mr. Nguyen served in a supervisory role where he managed and oversaw 35 professional and technical employees in advance and current planning, permit processing center, building plan check, inspection, and code enforcement. He also served as the lead person on all automation issues and chaired the City Green Building Committee where he developed the City Council policy on Sustainability which includes the greenest standard for new municipal buildings in the country.
Building Official | City of Tustin, CA
Mr. Nguyen provided building plan review of the division budget of $1.3 million. He also administered the FEMA flood program for the City and implemented several stormwater inspection programs to comply with the 3rd term NPDES permit. As a Building Official, Mr.
Nguyen managed and oversaw 11 professional and technical employees in permit processing, building plan check, inspection, and code enforcement.
Permit and Plan Check Manager | City of Huntington Beach, CA Mr. Nguyen’s expertise included review calculations and designs of complex projects with applicable building codes and ordinances, engineering standards and specifications. He administered and enforced the City’s Unreinforced Masonry Building ordinance, as well as designed and implemented the Plan Check Log and Interactive Voice Response system.
Structural Plan Check Engineer | City of Los Angeles, CA Mr. Nguyen was a Structural Plan Check Engineer with responsibility in reviewing calculations and designs of plans for a wide variety of commercial and residential projects to ensure compliance with Building and Zoning codes. He performed numerous damage assessment inspections and structural plan reviews after multiple major disasters including the Northridge earthquake and the aftermath of the Rodney King Riot.
NOTABLE PROJECT EXPERIENCE
Star Wars: Galaxy’s Edge, Disneyland | City of Anaheim, CA Mr. Nguyen provided building plan review for Star Wars Galaxy Edge in Disneyland, in the City of Anaheim.
816
30 Amir
LICENSES & CERTIFICATIONS
Registered Professional Engineer (PE)
| 68216
Certified Plans Examiner
Certified Building Official
| ICC 1041666-CB
Certified Access Specialist (CASp)
| 093
Certified Residential and NonResidential Energy Analyst (CEA) Licensed Real Estate Broker, (Realtor)
EDUCATION
Associate of Arts, Architecture, Pierce
Community College, Pierce Community
College | Los Angeles CA
Bachelor of Science, City and Regional
Planning and Architecture, California
Polytechnic University San Luis Obispo
| San Luis Obispo, CA
PROFESSIONAL AFFILIATIONS
International Code Council | Member
Ventura Regional Chapter of ICC |
Former President
Coachella Valley Chapter of ICC |
Former President
Los Angeles Basin Chapter of ICC |
Committee Member
California Building Officials (CALBO) |
Committee Member
Certified Access Specialists Institute
(CASI) | Founding Member
California Association of Building
Energy Consultants | Member
California Real Estate Inspection
Association (CREIA) | Member, Trainer
Office of Emergency Services (OES) |
Safety Assessment Evaluator &
Coordinator
Hamidzadeh PE, CBO, CASp
Sen ior Plan Check En gin eer
Mr. Hamidzadeh is an accomplished senior plan check engineer. To CSG and its clients, he brings expertise gained from over 33 years of experience in the building industry. He has experience serving as a plan check engineer, a building official, a building department director, an associate engineer, and as a planning aide for the Cities of Simi Valley, Palm Desert, and Agoura Hills, California. Mr. Hamidzadeh also has extensive leadership experience having served as the former president for the Ventura Regional Chapter and the Coachella Valley Chapter of ICC and as one of the founding members of the Certified Access Specialist Institute.
R E L E V A N T E X P E R I E N C E
Building Official | City of Agoura Hills, CA
Mr. Hamidzadeh managed and directed the operation of the Building and Safety Department, including budget, plan review, permit issuance, inspections, and creating and enforcing policies and procedures. He also oversaw multiple building contracts.
Director of Building and Safety Department | City of Palm Desert, CA Mr. Hamidzadeh oversaw the Building and Safety Department and its four divisions: Plan Review, Permit Issuance, Inspection and Code Enforcement. He managed multiple consultant contracts and associated programs including Animal Control, plan review, and inspection services. He was also responsible for the department’s budget.
Plan Check Engineer / Associate Engineer / Planning Aide | City of Simi Valley, CA Mr. Hamidzadeh served in various roles for three different departments during his time with the City of Simi Valley. He served as a planning aide for the Planning and Community Development Department, an associate engineer for the Public Works Department, and as a plan check engineer for the Building and Safety Department. His responsibilities included preparing and presenting ordinances to the City Council, managing an $11M Storm Water Detention Facility, and plan checking and inspecting a variety of commercial and residential plans for code compliance.
Designer | Zuni Engineering Design, Chatsworth, CA
Mr. Hamidzadeh designed and engineered multiple buildings and roadways with the assistance of the Senior Engineer.
Engineer | Development Solution, Westlake Village, CA
Mr. Hamidzadeh operated his own business, Development Solution. His responsibilities included meeting clients, contract preparation, design, engineering, plan review, inspection, report preparation, and budgeting.
817
31 Fred
LICENSES/CERTIFICATIONS
Certified Building Official by CALBO
Certified Plans Examiner by ICC
Certified Accessibility Specialist by ICC
Certified Energy Plans Examiner by
California Energy Commission
Registered Civil Engineer in California,
Arizona, and British Colombia-Canada
EDUCATION
MS, Structural Engineering
California State University, Pomona, CA
BS, Civil Engineering
California State University, Pomona, CA
PROFESSIONAL AFFILIATIONS
California Building Officials (CALBO)
International Code Council (ICC)
TEACHING EXPERIENCE
Lecturer for seven years
University of California, Irvine, CA
Civil Engineering Review Course
Lecturer/Associate Professor
for three years
Cal State Polytechnic University,
Pomona, CA
Marzara MS, PE, CBO
Principal Plan Check Engineer
Mr. Marzara has more than 35 years of experience, including working as a Senior Plan Check Engineer and a Chief Building Official prior to joining CSG. Mr. Marzara is a Principal Plan Check Engineer and has significant experience and a sound educational background that provide excellent qualifications. He has a proven ability to work effectively with others under a broad range of conditions and varying environments. He is quality-conscious and dedicated to producing quality results. He has the ability to make critical decisions within strict timelines.
RELEVANT EXPERIENCE
Principal Plan Check Engineer | CSG Consultants, Orange, CA Mr. Marzara have been working in the cities of Laguna Beach and Tustin reviewing complex residential and commercial projects and training the building department staffs including plan checkers, inspectors and permit technicians. Mr. Marzara helped the professionals, contractors, and property owners over the counter in those two cities and assist them for obtaining their building permits,
PREVIOUS EXPERIENCE
Chief Building Official | City of Lake Forest, CA
Mr. Marzara has over 8 years of serving the City of Lake Forest as their Chief Building Official.
The City received the Building Department of the Year Award in 2018-2019 while he was in charge of the Building Department. His responsibilities included managing the building department and supervisors to plan examiners, inspectors, permit technicians, and administrative assistants also, reviewing complete plan review of many large and complicated projects including the new Lake Forest City Hall campus with construction cost of 70 million dollars. He worked with the community development department and finance department preparing all reports and statistics. His work with the Energov program for daily business activities, prepared and implemented the process of code adoptions once every three years.
Senior Plan Check Engineer | County of Orange, CA
Mr. Marzara reviewed plans for code compliance for many expensive constructions of residential and commercial buildings. He completed coordination with grading section for foundation and drainage code compliance.
Senior Plan Check Engineer | City of Mission Viejo, CA
Mr. Marzara completed plan review for residential and commercial buildings, acting as the Building Official as needed. He worked closely with architects/ engineers to solve any issues of code compliance. Mr. Marzara reviewed two large apartment complexes in Mission Viejo, Adagio on the Green and Los Alisos at Mission Viejo. Both projects involved with accessibility requirements as well as structural/ architectural, plus life safety.
Plan Check Engineer | City of Santa Ana, CA
For over twenty years, Mr. Marzara was a plan check engineer for the City of Santa Ana. His responsibilities included handling architectural and structural plan evaluation for various types of construction and occupancy groups. He handled duties within building safety department. He was directly accountable for assigning and scheduling workflow/ projects as well as supervising and evaluating staff members.
Project Engineer Langston & Associates | City of Santa Ana, CA For three years, Mr. Marzara interacted closely with various clients, architects and other industry personnel to implement the design process of both commercial and residential buildings. He managed the structural design requirements for concrete and steel with respect to essential hazardous and irregular types and styles of buildings. He prepared budgets and estimates.
818
32 Ali
LICENSES & CERTIFICATIONS
Qualified MS4 LIDGII – LID/Green
Infrastructure Inspector
Qualified CESSWI –Construction
Stormwater, Erosion &
Sediment Inspector
California QAL Licensed - CA DPR -
Sewer Line Root Control
OSHA 30 - Hour Construction
Safety and Health,
OSHA 10 - Hour Construction;
Safety and Health,
Level 1 Leadership Academy, GAWP
lnfoWorks ICM (Integrated
Catchment Modeling)
MIKE URBAN WD (Water Distribution)
MIKE URBAN CS (Collection System)
and Model Manager
40-hour Hazardous Waste Site Worker
Course (HAZWOPER)
Water CAD (Distribution
Design and Modeling)
Advanced Learning ArcGIS
EDUCATION
Master of Science, Civil &
Environmental Engineering
University of Texas, TX
Bachelor of Science, Mechanical and
Aeronautical Engineering
University of California, Davis, CA
PUBLICATION
Davani, Ali; (2017) InfoWorks ICM
Modeling Manual (Hydrology &
Hydraulic Modeling), Strategic Asset
Management Division, Office of
Engineering Services, City of Atlanta
Davani MSc., QCSI, M S4 QLIDI/GI
Associate Plan Check En gineer
Mr. Davani is experienced in a variety of projects with a demonstrated history of working in grading plan check reviews, construction management, LIDGII/GI, CESSWI, Public Works, land development, bid & award of contracts, asset planning strategy (CIP & SSES), utility condition assessment, leak detection, permits, e-Builder software, asset inspection, feasibility studies, construction, Hydrology & hydraulic modeling (lnnovyze lnfoWorks ICM, lnfoWater, Mike Urban WD & CS, SewerCAD, WaterCAD, SewerGEMS), ArcGIS.
R E L E V A N T E X P E R I E N C E
Associate Plan Check Engineer | CSG Consultants, Inc.
Conducted thorough and accurate reviews of grading plans, drainage systems, erosion control measures, and stormwater management components to ensure compliance with the California Grading and Excavation Code, as well as all applicable local policies and ordinances.
Ensured timely turnaround of plan checks with clear and actionable correction comments.
Provided support to management in the preparation and review of contracts, amendments, and task orders related to building, engineering, and planning services. Contributed to the execution of assigned projects and contracts, including components of larger system initiatives. Assisted in project implementation and development of effective, efficient solutions to support successful project delivery.
Project Manager | Nor-Cal Pipeline Services, Long Beach, CA Managed sewer line root control for 3-year project in the City of Oakland - applied the chemical root control agent to sanitary sewers to eliminate the root growth present in the pipes and to inhibit regrowth, without damaging surface vegetation approximately up to 50 miles treatment per year. Responsible for weekly progress meetings, submitting monthly invoices, permits, traffic control, and solving complicated issues in residential & commercial properties, respond to the phone calls/emails from Oakland Public Works Department regarding emergency responses to overflows and blockages. Managed the CCTV inspections crew for weekly deliverables of CCTV data in standard PACP format, responsible for weekly progress meetings, submitting monthly invoices, approximately 12.6-mile CCTV - City of Santa Barbara. Managed the CIPP lining crew, Hydrovac, Crown spraying, and Root Foaming service for the City of San Diego, Prepare/submit the bid proposals and award of contracts.
N O T A B L E P R O J E C T E X P E R I E N C E
Construction Project Manager | City of Atlanta, Department of Watershed Management, GA Asset Planning Manager | HAYA WATER
Project Engineer II – Water Distribution System Evaluation | JACOBS Project Engineer/ Chartered Engineer – Recycled Water Reuse; Sharjah East Coast Sewerage and Surface Water
Project Engineer I / Hydraulic Modelling Specialist – Phase II: Condition Assessment of Water Distribution System City of Sandy Springs, GA, USA | City of Sandy Springs, GA Chartered Engineer – Hatton & Cruden Bay Wastewater Treatment Works Scheme, Flow (CSO) Transfer Option Inverness, Scotland (UK) | Scottish Water Solution, United Kingdom Project Engineer – Development and Calibration of Sanitary Sewerage Model, Gwinnett County, GA | Gwinnett County Dept of Water Resources, GA Project Engineer – Development and Calibration of Sanitary Sewerage Model, Gwinnett County, GA | Gwinnett County Dept of Water Resources, GA Project Engineer I, Stage 2 Disinfectants and Disinfection By-products | KHAFRA ENGINEERING CONSULTANTS, Clean Water Atlanta, GA
Project Engineer, West Ashley Master Plan Study | Dept of Public Works, City of Charleston, SC Project Engineer, Lead QA/QC – Sewer Modeling Project | City of Atlanta GA Project Engineer, Lead QA/QC – CSO (Combined Sewer Overflow) separation Project | City of Atlanta, GA
819
33 Matthew
LICENSES & CERTIFICATIONS
Professional Civil Engineer,
State of California
95707
Residential Plans Examiner
ICC 9610336
EDUCATION
Bachelor of Science, Civil &
Environmental Engineering
Corrigan PE
Associate Plan Check En gineer
Mr. Corrigan provides building plan review services on behalf of CSG and its clients. He is a results-oriented, highly motivated professional. Mr. Corrigan is skilled in communicating with team members, self-motivating, and consistently completes thorough and accurate plan review projects under tight deadlines.
R E L E V A N T E X P E R I E N C E
Assistant Plan Check Engineer | Multiple CSG Client Agencies Mr. Corrigan performs building plan reviews for residential projects for multiple jurisdictions in Southern California.
Production Scheduler | The Walt Disney Company
As a production scheduler, Mr. Corrigan would: liaise with area leaders on a daily basis ensuring labor needs are consistently met; produce the weekly work schedule for approximately 500 employees according to business needs and taking into account seniority rules, union regulations, and employee schedule preferences whenever possible; and train and educate new workers, set performance goals, standards and expectations, communicate and explain operational decisions.
Stage Scheduler | The Walt Disney Company
Mr. Corrigan’s responsibilities included: receiving communication from cast members regarding potential absences from work and ensuring area leaders are notified of any changes or adjustments to their staffing; attempting to call in additional cast members for shifts as needed to backfill any potential labor shortages due to absences; and continuously communicate with area leaders in order to ensure locations are properly staffed with labor for their daily operations.
820
34 Michael
LICENSES & CERTIFICATES
Certified Building Official
Plans Examiner
Building Inspector
Plumbing Inspector
EDUCATION
B.S. in Engineering
Fullerton College
Fullerton, CA
B.S. in Business Administration
Barrington University
Mobile, Alabama
AFFILIATIONS
Society of Fire Protection Engineers
International Code Council
Administrative Code Development
Committee
International Conference of Building
Officials
General Code Development Committee
International Conference of Building
Officials
Code Development Committee
Orange Empire Chapter ICBO
Urban Wildland Interface Committee
Orange Empire Chapter ICBO
Leiendecker CB O
Principal Plan s Exam iner
Mr. Leiendecker uses a high standard of leadership and professional excellence to provide jurisdictions plan review services and other assistance during the permitting process. His over 25 years of experience in both the private and public sector has equipped him with the skills needed to provide clients and applicants excellent service.
R E L E V A N T E X P E R I E N C E
Plan Check Supervisor | City of Anaheim, CA
Mr. Leiendecker provided direct assistance to the Building Official while evaluating alternate methods/materials and unreasonable hardship requests, providing oversight and guidance for sensitive projects, and assigning projects to plan check staff and consultants. He also collaborated with Building Inspection Supervisors to validate plan review consistency.
Plans Examiner | City of Anaheim, CA
For the City, Mr. Leiendecker provided plan check services by working with other departments, elected officials and outside agencies to effectively give customers responsive plan review and permit service. He coordinated the review of building development projects for 2-billion-dollar Anaheim Resort and Disney’s California Adventure.
Plan Checker | City of Anaheim, CA
Mr. Leiendecker performed comprehensive design review of residential, commercial and industrial projects. He was able to establish and maintain working relationships with design professionals, contractors and building owners. Michael also provided counter services and technical interpretations on area development projects.
Building Inspection Supervisor | City of Anaheim, CA
As a building inspection supervisor, Mr. Leiendecker coordinated the staffing and operational activities for inspection services. He learned how to supervise, motivate and provide leadership to achieve department goals and objectives.
Building Inspector | City of Anaheim, CA
Mr. Leiendecker performed field inspection of commercial, industrial and residential structures to determine compliance with adopted codes and approved construction documents.
Systems Designer/Estimator | C.W. Taylor, Chino, CA
Mr. Leiendecker designed mechanical systems using accepted engineering principles, adopted codes and job specifications. He also formulated job specific analysis and cost breakdowns. 821
35 Gerald
LICENSES & CERTIFICATIONS
Certified Energy Plans Examiner,
Non-Residential
California Energy Commission
| NRE-98-1001
Certified Energy Plans Examiner,
Residential
California Energy Commission
| RES-93-1016
IAPMO Certified Mechanical Inspector
IAPMO Certified Plumbing Inspector
EDUCATION
Associate of Arts Degree
Coastline Community College
| Fountain Valley, CA
Quast
Principal Plan s Exam iner
Mr. Quast joins CSG as a plans examiner and provides plumbing and mechanical plan review for our public agency clients. He brings with him over 30 years of Public Agency experience providing inspection and plan check services for the City of Anaheim.
R E L E V A N T E X P E R I E N C E
Plumbing / Mechanical Plans Examiner | City of Anaheim, CA Mr. Quast most recently served as the plumbing/mechanical plans examiner for the City of Anaheim.
Beginning his Public Agency career as a combination building inspector, he transitioned to the Plan Check Section, and while providing plans examiner servicesto the City, Mr. Quast was also the staff training coordinator for eight years. During his time at Anaheim, he provided plumbing and mechanical plan check services for such projects as the Anaheim Arena, the Anaheim Stadium Expansion, several Anaheim Convention Center Expansions, the downtown ice hockey rinks, and numerous redevelopment projects. He has also reviewed plans for numerous Hotel/Motel and highdensity residential developments, office buildings, parking structures, tenant improvements and warehouse projects, and numerous Resort District and amusement park expansions.
Construction & Building Codes Instructor | Fullerton Community College & Coastline Community College
Mr. Quast brings over 28 years of experience as a community college instructor, delivering construction and building code courses for Fullerton and Coastline Community Colleges. While teaching plumbing, mechanical, and building codes, Title 24 Accessibility/Energy, basic code enforcement, and blueprint reading, he has also delivered training seminars for CALBO, ICC, and IAPMO Chapters.
Plumbing Apprenticeship/Journeyman Training | Plumbing Contracting Mr. Quast previously worked with a residential and commercial plumbing company for 15 years.
After completing a 5-year California State plumbing apprenticeship program, he worked as journeyman and foreman, as well as in labor-supervision, estimation, purchasing, and as a corporate officer before becoming a plumbing contractor.
N O T A B L E P R O J E C T E X P E R I E N C E
Sofi Stadium | City of Inglewood, CA
Commercial Cannabis Business Odor Management Systems | City of Santa Ana, CA Multiple Residential Projects | City of Beverly Hills, CA Various Projects | City of Anaheim, CA
• Numerous Projects within the Disneyland Resort District and Amusement Parks • The Anaheim Arena
• The Anaheim Stadium Expansion
• Several Anaheim Convention Center Expansions
• Multiple Downtown Ice Hockey Rinks
• Numerous Redevelopment Projects
• Numerous Hotels/Motels
• Numerous High-Density Residential Developments, Office Buildings, Parking Structures, Tenant Improvements, and Warehouse Projects 822
36 Mike
LICENSES & CERTIFICATIONS
Master Code Professional (MCP)
Certified Building Official
Certified Building Code Official
Certified Plumbing Code Official
Combination Inspector
Commercial Combination Inspector
Commercial Energy Inspector
Commercial Energy Plans Examiner
Residential Energy Inspector/Plans Examiner
Fire Inspector II
Residential Fire Sprinkler Inspector/Plans
Examiner
Building Plans Examiner
Plumbing Plans Examiner
Commercial Building Inspector
Commercial Electrical Inspector
Commercial Plumbing Inspector
Accessibility Inspector/Plans Examiner
Residential Building Inspector
Residential Electrical Inspector
Residential Mechanical Inspector
Residential Plumbing Inspector
EDUCATION
Associates of Applied Sciences: Building
Technologies; Building Inspection
College of Southern Nevada, Las Vegas, NV
Chemical Engineering
University of South Alabama, Mobile, AL
Chemical Engineering
PROFESSIONAL AFFILIATIONS
Member, International Code Council (ICC)–
Region I Board
Member, International Code Council (ICC)–
Northern Nevada Chapter
Member, International Code Council (ICC)–
Nevada Organization of Building Officials
Member, International Code Council (ICC)–
Southern Nevada Chapter
Member, Board of Directors–1st Vice
President 2014–2015
Member, Board of Directors–2nd Vice
President 2013–2014
Awarded & Honored, “2013 Government
Person of the Year” 2013
Member, International Association of
Plumbing and Mechanical Officials (IAPMO)
2012–Present
Southern Nevada Chapter Board 2014–2015
Member, Southern Nevada Building Officials
(SNBO) 2012
International Building Code Committee–
Mechanical and Plumbing Code
Amendments Committee
City of Las Vegas 2003
International Residential Code–Amending
Ordinance Committee
Teemant MCP, CBO
Principal Plan s Exam iner
Mr. Teemant, an experienced Master Code Professional (MCP), serves as building plan reviewer and inspector for CSG and its clients. He has over 40 years in the construction industry, with 24 years of experience in enforcing code compliance, making him especially capable in working with municipal governments on all aspects of plan review and building code enforcement.
Mr. Teemant is a highly proficient Building and Electrical Plans Examiner having conducted plan reviews on a wide array of projects. Similarly, he has extensive experience in performing inspections for compliance with international Codes and referenced standards.
He also holds experience in supervising Building, Plumbing, Mechanical, and Electrical Inspectors and support staff, as well as serving as an accomplished instructor for building plan review, provisions of the International Plumbing Code, and International Residential Code.
R E L E V A N T E X P E R I E N C E
Code Inspections | City of Boulder City, NV
Mr. Teemant provides code inspection services for the City of Boulder City. Projects includes both residential and commercial. Mr. Teemant also oversees three CSG inspectors who provide services for the Techren Solar Plant and assists with inspections when one of them calls out sick or is on vacation.
Building Official | City of Fernley, NV
As a building official for the City of Fernley, Mr. Teemant reviewed plans for compliance with adopted municipal building codes and supervised field inspections for construction and municipal code compliance. Within the Building and Safety Department, he supervised the permit technician and animal control officer. He was also instrumental in the review of policies and procedures, and the development of procedures to improve the City’s workflow management system. In addition, Mr. Teemant prepared documents and presentations for city council review and approval.
Plans Examiner | City of Las Vegas, NV
Mr. Teemant reviewed plans for compliance with the adopted municipal building codes as well as interacted with design professionals and the public to explain the intent of the building codes. In his role as a plans examiner, he granted approval of plans that were compliant with codes and noted code requirements on the plans for common problems encountered in the field. as a plans examiner for the City of Las Vegas, some major projects on which he worked include the examination of high rise and large projects such as the Smith’s Center, Las Vegas Outlet mall, World Market Center, Lou Ruvo Brain Center, Zappos corporate offices, Las Vegas Development center, City of Las Vegas City Hall, Soho lofts, and many hotel construction and major remodels.
Code Inspector | Clark County School District, NV
Code Instructor | City of Las Vegas Plans Exam Division, College of Southern Nevada, Las Vegas, NV
Supervisor/Foreman | Maverick Construction, Las Vegas, NV
N O T A B L E P R O J E C T E X P E R I E N C E
Sofi Stadium | City of Inglewood, CA
Techren Solar Park (Techren II) | City of Boulder City, NV UNLV College of Engineering, Academic and Research Building | State of Nevada Projects Prior to Joining CSG for the City of Las Vegas, NV • City of Las Vegas City Hall
• Lou Ruvo Brain Center
• The Smith’s Center
• Las Vegas Outlet Mall
• World Market Center
• Zappos Corporate offices
• Las Vegas Development Center
• Soho Lofts
• And many hotels and major remodels
823
37 Frank
LICENSES & CERTIFICATIONS
Residential Building Inspector
Commercial Building Inspector
| ICC 860170
EDUCATION
Advanced Construction Technology
Courses | Coastline Community College,
Chico, CA
PROFESSIONAL AFFILIATIONS
International Association of Plumbing and
Mechanical Officials Member
Biangone
Principal Plan s Exam iner
Frank Biangone serves as a Senior Plans Examiner for CSG and its clients. With over 30 years of experience, Mr. Biangone is a highly knowledgeable code professional with expertise gained through extensive experience performing building plan review and inspection services for the City of Huntington Beach, CA.
R E L E V A N T E X P E R I E N C E
Senior Commercial and Residential Combination Inspector | City of Huntington Beach, CA Mr. Biangone served the City of Huntington Beach for more than 30 years, including 5 years as Senior Commercial and Residential Combination inspector and 25 years as Principal Plumbing and Mechanical Plan Checker/Inspector performing both paper and electronic plan review.
His responsibilities included performing all commercial and residential plumbing and mechanical plan check for all projects throughout the City of Huntington Beach, assisting the Fire Department with water metering and backflow applications for water sourced fire suppression systems along with plan check of fan-assisted smoke evacuation systems, assisting the Public Works Department with onsite sewer and water plan checks, and working in conjunction with Huntington Beach Code Enforcement to assist with plumbing and mechanical code enforcement issues. Mr. Biangone also attended pre-construction meetings with contractors, designers, architects and engineers on high-profile, large-scale projects.
Other duties included, writing numerous plumbing and mechanical policies for the City, assisting in the redesign of plumbing and mechanical permit forms and plumbing and mechanical plan check correction logs, and designing and performing weekly plumbing and mechanical training activities for field inspectors and managers.
Notable nonresidential plumbing and mechanical plan check projects successfully performed for the City of Huntington Beach include:
The Strand with the Shore Break Hotel
Hyatt Regency Resort
Pacific City Commercial and Retail
Bella Terra mall
C&D Aerospace
Hilton Waterfront Resort
Quicksilver
Rainbow Environmental Services Recycle Plant
Huntington Beach Senior Center
Hoag Health Medical Center
Memorial Health Center
Brethren Christian School
OSHPOD 3 Plumbing and Mechanical Reviews
Notable multi-family residential projects reviewed include:
The Lofts
Boardwalk
Village at Bella Terra
Elan
Luxe
824
38 Mark
LICENSES & CERTIFICATIONS
Building Inspector
Electrical Inspector
Plumbing Inspector
| ICC 1026285
State of California Contractor’s
License C-10 | 387649
Sallee
Principal Plan s Exam iner
Mark Sallee serves as a Senior Plans Examiner for CSG and its clients. He has over 40 years of experience in the construction industry, 21 of which were as a City of Anaheim employee performing building inspection and plans examiner services. Mr. Sallee’s thorough knowledge of the code and plan review and inspection processes allow him to provide the highest quality of services to our clients.
R E L E V A N T E X P E R I E N C E
Plans Examiner II | City of Anaheim, CA
As a Plans Examiner II, Mr. Sallee performed the following duties: Reviewing commercial, residential, hotel and intuitional electrical plans for conformance to current building codes; reviewing residential and commercial photovoltaic and fuel cell systems; and reviewing residential and commercial demolition plans, swimming pools, signs and residential ADU’s.
Building Inspector II & III | City of Anaheim, CA
As a Building Inspector II & III, Mr. Sallee performed some of the more complex building inspections, including inspections during the construction of Disney’s California Adventure, and major retrofits at Disneyland Park, the Anaheim Convention Center, Angle Stadium, Arrowhead Pond, and Boeing Industries, among others.
Mr. Sallee also performed combination-building inspections, electrical plan check, and acted in the capacity of supervisor as needed to support Management.
National Electrical Code Instructor | Coastline Community College, Fountain Valley, CA Mr. Sallee taught the NEC in a community college format.
Electrical Instrumentation Inspector | Koury Inspection, Carson, CA Mr. Sallee worked primarily in a Class I division I and division II hazardous location and conducted inspections on heavy industrial electrical installations as a third-party inspector for the ARCO Refinery in Carson Ca. This work included inspecting electrical substations to 69 KV, services to 4,000 amps, and motors to 3,000 horsepower, sub panels transformers, lighting, receptacles and general electrical equipment.
Electrical Contractor | Sallee Electric Co., Westminster, CA Mr. Sallee performed work on residential, commercial and light industrial projects. His duties included electrical engineering, drafting, plan preparation, lighting design, payroll, estimating, and job site supervisor, as well as electrician and troubleshooter. 825
39 Mark
LICENSES & CERTIFICATIONS
Certified Building Official
Combination Inspector
CA Commercial Building Inspector
CA Commercial Electrical Inspector
CA Commercial Plumbing Inspector
CA Commercial Mechanical Inspector
CA Residential Building Inspector
CA Residential Electrical Inspector
CA Residential Plumbing Inspector
CA Residential Mechanical Inspector
CA Combination Inspector
CA Plans Examiner
| ICC 1110134-J4
B-General Building Contractor (inactive)
| 746154
EDUCATION
Light Construction and Development
Management Certificate Program
University of California, Irvine
Liberal Studies
California State University | Fullerton, CA
Carnahan CBO
Building Official / Building Inspection Supervisor
Mr. Carnahan serves as a building official and inspection manager for CSG Consultants. He has over 37 years of experience in the building industry, 20 of which were in the public sector with progressive responsibility at the City of Huntington Beach. He has a sound knowledge of construction methods and materials, principals of structural design, engineering and building inspection. As part of managing CSG’s Southern California inspection staff, Mr. Carnahan developed an inspection program to train and develop the skills of new and experienced inspectors.
R E L E V A N T E X P E R I E N C E
Building Manager/Building Official | City of Huntington Beach, CA The City of Huntington Beach created the Building Manager position for Mr. Carnahan which he performed for eight years. While managing the Building Department, he directed staff, ensured that professional work standards are met, and emphasized the importance of quality customer service. Mr. Carnahan attained pertinent knowledge and understanding of federal, state and local laws, codes and regulations including the ADA, OSHA, CALOSHA, California Codes, and the City of Huntington Beach Municipal Codes, including enforcement of zoning requirements and ordinances. He was also: a combination inspector assigned to single and multifamily housing, the Hyatt Regency Resort, and numerous commercial and industrial projects; the supervising inspector for the Strand development; and managed the plan check and inspection process from entitlement to issuance of certificate of occupancy on numerous complicated projects (Costco at Bella Terra, The Village at Bella Terra Apartments, Beach Promenade, and Edinger Plaza). He worked with the Director of Community Development and Senior Administrative Analyst to develop, modify and administer the Building Division budget and monitor expenditures. While managing the building department, Mr. Carnahan completed two cycles of the code adoption process from: writing legislative drafts, requests for legal services (RLS), request for council action (RCA’s), council readings and finished the adoption process by sending the approved municipal codes to the California Building Standards Commission for filing.
Inspection Supervisor | City of Huntington Beach, CA
As an inspection supervisor, Mr. Carnahan: coordinated inspection activities with other city departments, contractors and developers; established and maintained a cooperative working relationship with those contacted in the course of work; communicated effectively both verbally and in writing; participated in professional and public meetings as required; and worked with others to analyze problems, identify alternative solutions, and accurately project consequences of proposed actions for daily issues, large or small, including monitoring work flow. When working with the City Council, he prepared and reviewed correspondence, studies, reports, and requests for council action.
Inspector I, II, & III | City of Huntington Beach, CA
Mr. Carnahan was a Building Inspector for many years at the City of Huntington Beach.
NOTABLE PROJECT EXPERIENCE
Projects Prior to Joining CSG
Pacific City Huntington Beach | City of Huntington Beach, CA Huntington Beach Senior Center| City of Huntington Beach, CA Hardin Hyundai | City of Huntington Beach, CA
826
40 Doug
LICENSES & CERTIFICATIONS
Licensed General Contractor
ICC, UBC, CSLB Training
Framing, concrete, engineering license
Code enforcement Officer
Combination inspector commercial
/residential B-5
Smith
Building Inspector
Mr. Smith serves as Building Inspector for CSG with more than 36 years of experience. He is a seasoned Building Inspector, licensed in California. Versed in interpreting state and local regulations to complete inspections. He is a hardworking Building Inspector adept at identifying repetitive issues and specific construction problems. He is a knowledgeable Building Inspector bringing man years of experience evaluating construction sites. Proficient in ordinance requirements, erosion control and HVAC, electrical and plumbing codes. He is also a skilled Residential and Commercial Building Inspector familiar with codes, permitting requirements and corrective action procedures. Offering his experience, he has the capacity to train and mentor junior staff on procedures and codes application. He is licensed and Certified Building Inspector successful at enforcing codes and zoning requirements using local and Calif state codes. Committed to quality construction at all stages.
Responsible Building Inspector and code enforcement versed in reviewing construction sites, plans, permits and licenses.
R E L E V A N T E X P E R I E N C E
Building Inspector | City of Brea, CA
Mr. Smith read and interpreted construction drawings, assessed work in progress against approved plans, and performed inspections of new construction, refurbishment, and repair projects. He investigated complaints, incidents, and accidents at job sites and conducted inspections of buildings, equipment, and grounds to identify deficiencies and evaluate potential health, safety, and code violations. Mr. Smith evaluated work for compliance with applicable city, state, and federal regulations, as well as discipline-specific codes, and documented violations by issuing corrective documentation, including stop-work orders when necessary. He provided guidance to contractors and property owners on acceptable methods and materials to correct deficiencies and bring projects into compliance with ordinances and codes. His responsibilities also included re-inspecting commercial and residential projects following failed inspections, maintaining current knowledge of inspection techniques, codes, ordinances, and regulations, and identifying recurring issues while working collaboratively with contractors to prevent reoccurrence.
Code Enforcement Officer | City of Brea, CA
Mr. Smith inspected properties to identify code violations and helped protect the safety and health of the public by ensuring buildings and land complied with applicable housing and zoning ordinances. He followed up with prior violators to confirm that corrective actions had been implemented and conducted site visits to verify compliance with approved corrective action plans.
Mr. Smith also identified potential hazards and enforced safety protocols at inspection sites to prevent injuries and ensure safe conditions.
827
41 Lee
LICENSES & CERTIFICATIONS
California Association of Code
Enforcement Officers (CACEO):
Certified Code Enforcement Officer
(CCEO) -Basic, Intermediate, Advanced
Police Officer Standards Training
(POST):
PC 832 Arrest, Search & Seizure
#2970-80102-15004
PC 832 Firearms Familiarization
#2970-80101-15014
Field Training Officer (FTO)
#2970-31725-18-001
Crime Through Environmental Design
(CPTED) | #2970-31310-17-001
Interview & Interrogation (I&I)
#2970-31445-14004
Drug & Alcohol #2970-20315-15003
Crime Scene & Forensic Photography
#2970-31684-16001
California Law Enforcement
Telecommunications System (CLETS)
California State Fire Marshal (CSFM):
Investigation 1A
Prevention 1A & 1B
Management 1A
Firefighter 1
Command 1A
ICS 200
HazMat:
FRO Awareness OR 194275
Nuclear Biological Chemical Terrorism
OR167282
Decontamination OR167259
Emergency Medical Technician (EMT)
#E041012 (2020-2022)
CA Dept of Pesticide Regulation
Qualified Applicator License (QAL)
(C/F/J Categories) | #115185
EDUCATION
Bachelor of Arts
Liberal Studies/Biology
California State University, East Bay
Hayward, CA
PROFESSIONAL AFFILIATIONS
Current CACEO Region 2 Director
Former CACEO Region 1 Director
International Code Council (ICC)
American Association of Code
Enforcement (AACE)
California State Fire Association (CSFA)
Holt CCEO
Code En forcement Program Man ager
Ms. Holt is a Code Enforcement Manager for CSG Consultants and its public agency clients.
Officer Holt has over 25 years of agency and special district experience, serving in a variety of code enforcement, public health, monitoring, and fire capacities. Ms. Holt is widely credentialed; an effective team member and collaborator across departments, agencies and the public; developer of clear, concise and accurate reports, and brings a strategic mindset in delivering solutions for clients. Ms. Holt is perpetually in pursuit expanding her knowledge and training, and elevating the profession and colleagues.
RELEVANT JURISDICTIONAL EXPERIENCE
Code Enforcement Officer | Multiple CSG Client Agencies Ms. Holt has performed comprehensive code enforcement services and assisted with targeted programs including vending enforcement, massage ordinance, program review, short-term rentals, and C4 Storm Water Inspections at commercial and industrial facilities. She has also provided council updates and presentations. Agencies Ms. Holt has served include:
City of Campbell
City of Half Moon Bay
City of Hercules
City of Larkspur
City of Livingston
City of Los Banos
City of Millbrae
City of Newark
City of Oakdale
City of Rocklin
City of San Rafael
City of Santa Cruz
City of Sausalito
City of Seaside
Town of Colma
Town of Loomis
Town of Portola Valley
County of Marin
County of Ventura
County San Joaquin
CSG Code Enforcement Training Officer | City of Gustine, CA Ms. Holt served as the training officer for new staff in the City of Gustine.
CSG Code Enforcement Supervisor | City of Modesto, CA
Ms. Holt served as the acting Supervisor for staff in the City of Modesto.
ADDITIONAL RELATED EXPERIENCE
Water Operator | Yolo County Flood Control, CA
Ms. Holt served as Water Operator ensuring distribution to growers during irrigation season, including water usage and flow calculation. She was also responsible for maintaining the water system through construction and operating heavy equipment. Other responsibilities included setting up SOP’s for water quality testing and written protocols (e.g., calibration) for water quality sensors and collection and setting up SCADA (Supervisory Control and Data Acquisition) system.
Fire Fighter | Vacaville Fire Protection District, CA
In addition to responding to fire calls, Ms. Holt assisted in district functions, outreach, recruit training, sponsored events, OES responses; equipment upkeep; and report writing.
Vector Control Technician | City of Berkeley, CA
Ms. Holt’s work included maintaining health and safety conditions within the City utilizing local, state, and federal laws. This included providing response to calls for service about sewage, rodents, insects, raccoons (and other wildlife), abandoned/inoperable vehicles, vegetation, mold, and other health-related concerns.
Vector Biologist | Alameda County Mosquito Abatement, CA Ms. Holt increased coordination between local agencies and businesses within her assigned zone, through outreach, presentations, and education at community events, fairs, and schools, in addition to source management and enforcement of breeding sources. 828
42 Gloria
LICENSES & CERTIFICATIONS
California Association of Code
Enforcement Officers (CACEO):
CACEO Certified Code Enforcement
Officer | (Expired -renewing)
(Basic, Intermediate, Advanced)
Prop 64 Cannabis Narcotic Enforcement |
California Narcotics Officers Association
Maintaining Civility in an Age of Rudeness
& Entitlement |
California Association of Code Enforcement
Officers (CACEO)
Peace Officer Standards Training (POST):
PC 832 Arrest, Search & Seizure
#4410-80100-10-020
Community Academy Graduate
(Community Law Enforcement Academy)
Civilian Volunteer
EDUCATION
General Education
Rio Hondo Community College
| Whittier, CA
PROFESSIONAL AFFILIATIONS
California Association of Code Enforcement
Officers (CACEO)
Murillo
Sen ior Code En forcement Officer
CSG is fortunate to have Ms. Murillo as part of our code enforcement team. She is an incredibly dedicated and experienced professional. Through her years of experience, she has handled an extensive variety of cases, and led by example as a supervisor. She is a self-starter with the ability to handle multiple tasks simultaneously, set priorities, is very organized, and responds positively to demanding situations. She is personable, highly trained, confident, and is bilingual.
C S G E X P E R I E N C E
Code Enforcement Officer II| Modoc County, CA
Ms. Murillo is currently providing guidance and assistance to support the County’s newly hired officer. Additionally, she is assisting the County in setting up their abandoned vehicle program, and is helping build a stronger understanding of code enforcement and its application.
Code Enforcement Officer II| City of Brea, CA
During the Fourth of July holiday, Ms. Murillo provided coverage and support for the city to address illegal fireworks. This included staff and agency coordination, patrolling and responding to calls, and interfacing with the public, providing education and enforcement when required.
R E L E V A N T E X P E R I E N C E
Code Enforcement Officer | City of South Gate Community Development, CA After retiring from Carson, Ms. Murillo’s supported South Gate’s Code Enforcement program as a part-time officer. She was assigned to enforce the City’s illegal dumping program and conducted general code enforcement duties as assigned. Her activities and contributions were to address, monitor, inspect, investigate, document, and enforce the Municipal Code regulations. While there, she interacted with the public, and was effective is resolving many cases.
Code Enforcement Supervisor | City of Carson Public Safety Department, Carson, CA Ms. Murillo wore many hats throughout her long career with the City of Carson. She progressed her way through several job assignments, and thrived as a supervisor. She wrote protocols and set up procedures to ensure officer safety and due process. As supervisor, she coordinated, scheduled, assigned and supervised the work of assigned Code Enforcement Officers and Parking Control Officers. The Officers enforced provisions of the City’s Municipal Code, zoning laws, health and safety codes, and National Pollutant Discharge Elimination System (NPDES).
Code Enforcement | City of Anaheim, CA
Ms. Murillo researched city codes as well as documenting and monitoring reported code violations. She conducted site inspections, and investigated potential code violations which included; illegally placed signs; excessive garage/yard sales in residential areas; issued parking citations; reported abandoned shopping carts; graffiti surveillance, and distributed literature 829
43 Martha
LICENSES & CERTIFICATIONS
CACEO Certified CA Code
Enforcement Officer (CCEO)
Police Officer Standards Training
(POST): PC 832
Police Academy
Rio Hondo Community College
| Whittier, CA
EDUCATION
General Education
Rio Hondo Community College
| Whittier, CA
Mediation, Parent Leadership,
Cultural Diversity
Orange County Human Relations
Commission | Santa Ana, CA
Skills training for Dialogue,
Cultural Diversity
National Conference for Community
and Justice | Los Angeles, CA
Villasenor CCEO
Code En forcement Officer II
Ms. Villasenor is a Code Enforcement Officer for CSG Consultants. She brings over 25 years of municipal experience to her assignments having served in the capacity of Code Enforcement Officer for numerous public agencies throughout Central and Southern California. She is experienced in enforcing health, safety, zoning regulations and land use laws. For CSG, she has provided code enforcement services for the City of Ventura, Fullerton, San Leandro, and Ceres.
RELEVANT CSG EXPERIENCE
Code Enforcement Officer II | City of Ventura, CA
Ms. Villasenor addressed general code enforcement complaints in the assigned service area which included inspection, documentation, notices and follow up with citizens and City Departments. She also addressed existing, dormant general code enforcement cases and confirmed that violations had been corrected.
Code Enforcement Officer II | City of Fullerton, CA
Ms. Villasenor was tasked with addressing existing, dormant code enforcement cases. These cases required research with other City departments, investigation, and review of applicable permits. Through her efforts, Ms. Villasenor was able to confirm and close a large backlog of these aging, dormant cases.
PRIOR EXPERIENCE
Code Compliance Officer | City of Rancho Santa Margarita, CA Ms. Villasenor was assigned to parking enforcement, signage enforcement and code compliance issues and violations.
Code Compliance Officer | City of San Clemente, CA
Ms. Villasenor was tasked with updating and closing any outstanding and current cases. She enforced the City’s Municipal Code and Zoning Code and assisted the Building Dept. with expired permits or work being done without permits. Ms. Villasenor also issued notices, citations, and red tags, when appropriate, to achieve compliance. Her work also included weekend assignments addressing garage sales, bulky waste, vendors, graffiti, working with business owners to incorporate the proper use of signage, and special events within the City.
Code Enforcement Officer | City of Huntington Beach, CA Ms. Villasenor’s position was a Community Development Block Grant (CDBG) position where she proactively addressed substandard and blight conditions. Other conditions addressed were nuisance properties, unpermitted and prohibited signage, mobile street vendors, and noise control and abatement. She also provided educational workshops to the community, assisted with clean up days and annual celebrations, and was co-creator of the video production “I’m Proud Where I Live”.
Code Compliance Officer | City of Huntington Park, CA
Ms. Villasenor represented the City enforcing public nuisance and property maintenance issues; illegal signage and sidewalk vendor enforcement.
Code Enforcement Officer | Cities of San Juan Capistrano and Bell Gardens, CA Ms. Villasenor was assigned to the City of San Juan Capistrano addressing zoning, building and grading violations. In the City of Bell Gardens, she was responsible for zoning, parking control, inoperable vehicles and business license inspections.
Consultant | City of Whittier, CA
Ms. Villasenor consulted on a 12-month project conducting a Code Enforcement Division assessment for the City’s Police Department coordinating the review throughout all levels of the department.
830
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888.794.2016
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831
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW,INSPECTION,CODE ENFORCEMENT,&BUILDING/SAFETY SERVICES 20 Cost Proposal
CSG FEE SCHEDULE FOR BUILDING AND SAFETY SERVICES
CSG’s fee schedule for proposed work is provided below. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. Plan review is based on a percentage of the agency’s plan check fees and includes the initial plan review and two subsequent reviews. Deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency. Final fees are negotiable between the City and CSG.
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE Off-Site Building Plan Review by Percentage
Full Building Plan Review by Percentage ($1 Million or Less) 70% of Agency’s Building Plan Check Fees Full Building Plan Review by Percentage ($1-$10 Million) 70% of Agency’s Building Plan Check Fees Full Building Plan Review by Percentage ($10-$50 Million) 65% of Agency’s Building Plan Check Fees Full Building Plan Review by Percentage ($50 Million+) 60% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 45% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage 95% of Agency’s Building Plan Check Fees Minimum Plan Review Fee Per Project (See Exclusions) $250 On-Site and Off-Site Building Plan Review (Hourly Rates) Building Plan Review $185
Structural Only Plan Review $210
CASp Plan Review/Consultation $240
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
Building Department Services
Building Inspector $125
Senior Building Inspector (Combination Inspector) $145
Building Grading Inspector $145
Administration/Plan Processing $80
Code Enforcement Services
Code Enforcement Manager $205
Administrative Hearings Officer $180
Code Enforcement Supervisor $170
Senior Code Enforcement Officer $160
Code Enforcement Officer II $140
Code Enforcement Officer I $120
Overtime Rate (in excess of 8 hours per day) 1.5 x Hourly Rate TERMS & CONDITIONS:
All plan review based on percentage of the agency’s plan check fees includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate.
Minimum percentage plan review fee per project excludes Solar, ESS, or EVCS reviews. RFIs for large developments will be performed at an hourly rate, and turnaround Ɵmes will be agreed upon in advance with the agency.
SECTION 4
Attachment "B"
832
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 21 Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the agency and CSG.
Should the scope of work change or circumstances develop which necessitate special handling, CSG will noƟfy the agency prior to proceeding.
OverƟme/services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. Services provided on weekends will be billed a 2x the applicable hourly rate. Hourly rates for publicly funded projects will be based on current prevailing wage rates. CSG’s hourly rates will remain in effect for the first (12) months of the contract term. On July 1 or the anniversary the contract start date, CSG will iniƟate an hourly rate increase based on change in CPI for the applicable region.
CSG will mail/email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice. If plans are not submiƩed electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service.
For hourly projects only, performance of plan review services uƟlizing the agency’s adopted plan review soŌware (e.g., ProjectDox or Bluebeam Studios) to, for example, markup plans with correcƟons and redlines and/or coordinate with other internal agencies, may involve addiƟonal Ɵme being added to the plan review Ɵme at the associated plan review rate.
*AdministraƟon/Plan Processing fees are incurred for specific addiƟonal services requested by the agency beyond the normally provided CSG administraƟve services which typically include coordinaƟng the pick-up and return of plans; performing scanning, collaƟng, and tracking; and providing plan review status updates to the agency. Cost for addiƟonal services will be negoƟated based on the type of request with a minimum fee based on 0.5 hours of service per project.
833
CSG PROPOSAL TO THE CITY OF GARDEN GROVE (RFP NO.CDD-005)
FOR PLAN REVIEW, INSPECTION, CODE ENFORCEMENT, & BUILDING/SAFETY SERVICES 22 BUILDING PLAN CHECK TURNAROUND TIMES
CSG strives to provide the highest quality and most timely service in the industry. We take pride in maintaining the requested review times for all our clients—even delivering faster than our own deadlines.
Our goal is to approve code-compliant projects and to move work quickly and successfully through jurisdictional processes. CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner.
The following are CSG’s proposed plan check turnaround times:
TYPE OF REVIEW INITIAL REVIEW
(BUSINESS DAYS)2
RE-CHECK
(BUSINESS DAYS)2
ResidenƟal New ConstrucƟon 10 5
ResidenƟal AddiƟons 10 5
Small ResidenƟal Remodels 10 5
Commercial New ConstrucƟon & Large/Complex Projects1 15 10 Commercial AddiƟons 10 5
Small Commercial Remodels/Tenant Improvements 10 5
ResidenƟal Solar 7 5
Commercial Solar 10 5
Expedited1 5-10 5
1Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround time, CSG will notify the City’s representative and negotiate additional time required to ensure an appropriate level of review.
2 The number of working days associated with the plan check turnaround time is based on time of project submittal. The first working day will be the day the project is received by CSG if submitted by 12:00 PM (Noon). For a project that is received by CSG after 12:00 PM, the first working day will be the next business day.
Note: Turnaround times for housing projects subject to State streamlining will comply with State law. This includes, but is not limited to, ADU’s, SB 9 units, SB 35, by-right and ministerial housing projects.
Expedited Plan Check Services
At the City’s request, we can perform plan check services on an accelerated schedule based on the fees indicated in our fee schedule.
Office Hours and Meeting Availability
CSG plan checkers are available for inquiries anytime during normal business hours via phone or email, Monday through Friday. Our plan checkers can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the day after a request has been received. To assist the City, we can also meet in-person with City staff and project stakeholders or can utilize video conferencing with all parties involved.
Pre-Design Consultation
Additionally, we recognize the value of pre-design consultation with prospective applicants for large/complex projects and are available to provide this service at no additional cost. Our designated Project Manager and/or technical staff will be available in-person or virtually for consultation and meetings with a reasonable lead time.
834
1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 2026, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and SCOTT FAZEKAS & ASSOCIATES, INC., herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove Council Resolution No. 9212- 14 (January 28, 2014).
2. CITY desires to utilize the services of CONTRACTOR to provide plan review, inspection, code enforcement, and/or other building contractual services on an ”as-needed” basis.
3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination The term of the agreement shall be from the date of this agreement through June 30, 2026, with an option to extend said agreement an additional four years. Option years shall be exercised one year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with CONTRACTOR’s fee schedule which is attached as Attachment “B” and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.
2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Proposal Attachment “A”. The Proposal is attached as Attachment “A”, and is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work. CONTRACTOR warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with customary and usual practices in CONTRACTOR’S profession and the standards prevalent in the industry for such services. By executing this Agreement, CONTRACTOR certifies that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Two Hundred Fifty thousand and 00/100 cents
($250,000.00) per fiscal year, payable in arrears and in accordance with proposal in Attachment “B”.
835
2 3.2 Payment. For work under this Agreement, payment shall be made per monthly invoice for work completed. Payment shall be based on schedule included in Proposal (Attachment B).
3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of $2,000,000.00 per occurrence (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
(c) Professional liability in an amount not less than $2,000,000.
Insurance companies must be admitted and licensed In California and have a Best’s Guide Rating of A-Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided.
In the event of termination, cancellation, or material change in the policy, professional/contractor shall obtain continuing insurance coverage for the prior acts or omissions of
professional/contractor during the course of performing services 836
3 under the term of the agreement. The coverage shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier.
An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent CONTRACTOR. It is agreed to that CONTRACTOR shall act and be an independent CONTRACTOR and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
CONTRACTOR shall comply with, and shall be responsible for causing all CONTRACTORs and sub-CONTRACTORs performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty 837
4 or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.
9. Disclosure of Documents. All documents or other information developed or received by CONTRACTOR are confidential and shall not be disclosed without authorization by CITY, unless disclosure is required by law.
10. Ownership of Work Product. All documents or other information developed or received by CONTRACTOR shall be the property of CITY. CONTRACTOR shall provide CITY with copies of these items upon demand or upon termination of this Agreement.
11. Conflict of Interest and Reporting. CONTRACTOR shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
12. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.
a. Address of CONTRACTOR is as follows:
Scott Fazekas & Associates, Inc.
Attn: Scott Fazekas, AIA, NCARB, CBO, CASp, LEED AP
2 Corporate Park, Suite 206
Irvine, CA 92606-5103
b. Address of CITY is as follows:
Department of Community Development
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
13. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
14. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
15. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that:
(1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as 838
5 represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its sub-CONTRACTOR as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationship between any sub-CONTRACTOR and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
18. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
19. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR'S agents, officers, employees, sub-CONTRACTORs, or independent CONTRACTORs hired by CONTRACTOR in the performance of the Agreement. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
20. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
21. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may 839
6 be modified only by subsequent mutual written agreement executed by CITY and CONTRACTOR.
22. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONTRACTOR.
23. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties
25. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
\ \ \ \
(Agreement Signature Block on Next Page)
840
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date: _____________ "CITY"
CITY OF GARDEN GROVE
By:___________________________
City Manager
ATTESTED:
____________________________
City Clerk
Date: _______________________
"CONTRACTOR"
SCOTT FAZEKAS & ASSOCIATES, INC.
By: ___________________________
Name:___________________________
Title:_____________________________
Date: __________________________
Tax ID: ___________________________
Contractor’s License: _____________
Expiration Date:_________________
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate Seal
is required. If a partnership, Statement of
Partnership must be submitted to CITY.
APPROVED AS TO FORM:
____________________________
Garden Grove City Attorney
________________________
Date
841
PROPOSAL
FOR
PLAN REVIEW, INSPECTION,
CODE ENFORCEMENT AND BUILDING & SAFETY
CONTRACTUAL SERVICES, CDD-005
Submitted to City of Garden Grove
April 30, 2026
Scott Fazekas & Associates, Inc.
Attachment "A"
842
2 Table of Contents
1 LETTER OF INTRODUCTION ........................................................................................................ 3 2 EXPERIENCE & QUALIFICATIONS ................................................................................................ 5
2.1 SFA’s Team Members................................................................................................................ 5
2.2 Organization Chart .................................................................................................................... 9
2.3 SFA Resumes........................................................................................................................... 10
2.4 SFA’s Relevant Experience...................................................................................................... 19
2.5 Other Types of Projects Reviewed by SFA ............................................................................. 25
2.6 SFA’s Ability to Perform Scope of Services............................................................................ 26
2.7 SFA’S Philosophy.................................................................................................................... 27
2.8 SFA’S Quality Features ........................................................................................................... 27
2.9 Tailored Viva Entries by Administrative Staff......................................................................... 28
2.10 SFA’s Tailored Plan Check Services Approach ....................................................................... 29
2.10.1 Agency Information List........................................................................................... 29
2.10.2 Transmittal Protocol ................................................................................................. 29
2.10.3 SFA Plan Log System............................................................................................... 29
2.10.4 Plan Assignment/Routing ......................................................................................... 30
2.10.5 Status, Tracking and Reports.................................................................................... 30
2.10.6 Electronic Plan Review............................................................................................. 30
2.10.7 Corrections Protocol Template ................................................................................. 31
2.10.8 Communication with City......................................................................................... 31
2.10.9 Plan Review Logout and Delivery............................................................................ 31
2.10.10 Applicant Questionnaire ........................................................................................... 32
2.10.11 City Role/Time Involvement .................................................................................... 32
2.10.12 Managing Time Schedules........................................................................................ 32
2.10.13 Resource Allocation.................................................................................................. 32
2.10.14 Tracking Turnaround Times..................................................................................... 33
2.10.15 SFA’s Customer Service........................................................................................... 34
2.10.16 SFA’s Past Performances.......................................................................................... 34 3 CLIENT REFERENCES ................................................................................................................... 35 4 COMPENSATION.............................................................................................................................. 37
4.1 Fees.......................................................................................................................................... 37
4.2 Classification/Hourly Rates..................................................................................................... 37
4.3 Turn Around Times.................................................................................................................. 38
4.4 Sample Invoice ........................................................................................................................ 38 5 ADDITIONAL INFORMATION ...................................................................................................... 40 Appendix Consultant Statement & Addendum No. 1 ................................................................................ 41 843
3 1 LETTER OF INTRODUCTION
April 30, 2026
City Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Subject: Proposal for Plan Review, Inspection, Code Enforcement and Building & Safety Contractual Services RFP No. CDD-005 (SFA Proposing on Plan Review Only) Scott Fazekas & Associates, Inc. (SFA) submits this Proposal for Building Consultant Services to the City of Garden Grove. SFA is located at 2 Corporate Park, Suite 206, Irvine, CA 92606 and our telephone number is 949-475-2901. Scott Fazekas can also be reached on his cell phone number which is 858-395-5522. Mr. Fazekas, as President and Chief Financial Officer, has reviewed the terms of the RFP and is authorized to sign and bind the company for the following Proposal should SFA be awarded the contract with the City. He also acknowledges that SFA has read all addendums pertaining to this RFP.
SFA is uniquely qualified to deliver the requested services covered in the following Proposal. The past five (5) years of providing the exact services covered for the City has allowed SFA to develop operational synergy with the City of Garden Grove. It has covered format of plan mark-ups, communication with City staff on plan approvals with tools such as phasing, deferrals, notations, and applicant communication that match the City’s needs, expectations and preferences. We have modified our processing protocols based on working closely with key City representatives.
SFA was founded in 1996 by Scott Fazekas as a California Corporation. We exclusively serve municipal building departments with zero private sector work to avoid any potential conflict of interest. SFA’s primary service is building plan review which allows us to focus on, and specialize in, the plan review aspect of the projects. SFA has performed over 250,000 plan reviews and has provided plan check services which have included every type of construction and occupancy group in the building spectrum. Many notable projects are provided in this Proposal with their information and reference contacts.
The Scope of Work covered in this Proposal is for comprehensive building plan review covering structural, fire-life safety, accessibility, energy, green, plumbing, mechanical, electrical codes as well as review for compliance with City’s ordinances, policies and interpretations. Services are delivered in a format as requested by the City with each submittal and resubmittal until readied for approval. Current City Policy has established the goal of approval by 3rd review and with joint efforts by the City and SFA this goal is being met in an increasing number of cases. Not only does SFA provide on time plan reviews 100% of the time, we have consistently and frequently met requests by City staff to expedite projects.
844
4 The qualifications of SFA’s staff are key to not just providing the requested Scope of Services but to delivering them in a timely manner with a consistently high level of quality services. All of SFA staff are licensed professionals with exceptional levels of tenure as shown in the Qualifications Section of this Proposal. Credentials include Civil Engineers, Structural Engineers, an Architect, Certified Plans Examiners, CASp’s and a LEED Accredited Professional. We have one new (2 plus years) associate who is an EIT, a CPE and will be a licensed Civil Engineer in 2026. Planting future resources is an important need for the future of building safety professionals.
SFA has attended many virtual and in-person meetings with City staff and applicants. In working with the City on the P-3 Civic Center Revitalization Project we have attended multiple meetings each week over the recent approximately two-year period without charging the City. Without being asked, SFA did this as our contribution to this important City project. SFA offers, and will rely on, our current track record with the City of Garden Grove and the opinion of the key staff with whom we are directed by, and interface with, as the most valuable asset and reference we can offer.
The following Proposal will offer the complete response to the RFP and SFA will look forward to discussing how we can serve the City of Garden Grove going forward.
Sincerely,
SCOTT FAZEKAS & ASSOCIATES, INC.
Scott R. Fazekas, AIA, NCARB, CBO, LEED AP, CASp
President
845
5 2 EXPERIENCE & QUALIFICATIONS
2.1 SFA’s Team Members
All of SFA’s plan check engineers are available to do City of Garden Grove’s plan checks and are Licensed Civil or Structural Engineers or Architects. SFA prides itself on having a highly experienced group of engineers who are all qualified to do any type of project. This amount of experience within the plan review staff allows SFA to always meet deadlines and streamline any special requests made by the City when requested to do so.
The plan check engineers will each perform comprehensive building, plumbing, mechanical, electrical, energy, disabled access, green building and City ordinance and policy reviews consistent with the administrative protocols as directed by the City’s Building Official. They will prepare marked-up plans in the format required by the City for plan review.
One of SFA’s senior plan check engineers, Ganesh Rao, S.E., has developed and instructed the Calbo Structural Code Update Seminar for the C.B.C. Additionally, Vic Penera, S.E., served as Chairman of the I.B.C. Structural Code Development Committee and was involved in the drafting of the 2000 I.B.C. structural provisions. Brett Archibald, one of SFA’s plan check engineers, took the initiative in developing both a commercial and a residential checklist for the 2010, 2013, 2016, 2019, and 2022, and 2025 California Codes. This has been shared with local I.C.C. Chapters and client agencies. Staying abreast of the code industry is key to SFA’s philosophy of serving as a highly-trained extension of the City’s staff.
Unique to the City of Garden Grove, SFA has provided Garden Grove with a fast turnaround time record, handled politically sensitive projects, provided proactive outreach to solve special needs projects, maintained interpretation synergy with the City’s key staff, cultivated sound PR relationships with the development community and provided many hours of pro bono services for special City projects. We have been privileged to work with important developments such as the City’s Civic Center Revitalization, GKN, Great Wolf Lodge, Car Dealerships and have taken on grading reviews for Flood Zone projects to facilitate ADU expediting. This is being done at the request of the Engineering Division. We have a also been providing additional Preliminary Reviews during the discretionary phase free of charge.
SFA has a record of 43% of all Garden Grove plans being delivered ahead of schedule. For GKN, 90% were ahead of schedule at half of the allowed time and rechecks were also under half of the allowed recheck time between 1-3 days. In addition to our plan review role, we have attended the two P-3 weekly meetings since the beginning of the project to current time at no charge. Also, all of the P-3 project revisions, deferred submittals and jobsite meetings were done free of charge.
SFA’s engineers and aministrative staff have worked hard at following the City’s Viva system protocol to ensure project status is carefully followed, allowing timely intake scheduling to the Plan Check Engineers and tracking plans to ensure timely delivery when returned. When projects are not progressing well, we proactively reach out to the developer to open dialogue and arrange meetings when necessary. Difficult issues that require interpretation are communicated to the City to insure concurrence of the Building Official.
The following are brief bios on the SFA Project Team that would be available 100% to work on City of Garden Grove plan reviews.
846
6 Scott Fazekas, Project Manager
Mr. Fazekas has served on committees, and lectured at seminars, for the two primary organizations which represent building safety professionals: I.C.C. and Calbo. He served four years on I.C.B.O.’s General Design Code Development Committee which then became the Structural Code Review Committee in 1999. He also served six years on the ANSI A117 Committee which develops the accessibility standards used in the federal and state access regulations.
Name Qualifications Type of Review Work
Scott R. Fazekas, President
AIA, NCARB, CBO, CASp
LEED AP
949-475-2901 ext. 26 or cell
858-395-5522 e-mail:
[email protected]
Registered Architect, CA
Colorado, Nevada, NCARB
Certified Plans Examiner
ICC/Calbo
Certified Building Inspector,
ICC/Calbo
LEED Accredited Professional,
USGBC
Certified Access Specialist
(CASp) DSA
Certified Building Official, ICC
Building, Plumbing,
Mechanical, Electrical, T24
Energy, Accessibility,
CalGreen
Scott Fazekas, as Principal and Project Manager, will be responsible for the administration of services and seeing that services are tailored to the specific needs of the Agency. He has managed consulting plan check and building safety services for over 36 years. He will also perform plan reviews and assign which employees will work on each given project. Mr. Fazekas is Past President of the Orange Empire Chapter of I.C.C. and has served on the Code Development and Education Committees. He also serves in the capacity of Building Official for two cities and stays abreast of changing regulatory trends.
Mr. Fazekas has a hands-on approach for managing all of SFA’s clients. He is available personally for questions from Building Officials and other City staff as well as applicants and interacts daily with all of SFA’s plan check engineers relating to code questions or other difficult issues that may arise during the course of a plan check.
Ganesh Rao, S.E.
949-475-2901 ext. 27 e-mail:
[email protected]
Registered Structural Engineer,
CA
Registered Professional
Engineer, CA
Certified Plans Examiner,
ICC/Calbo
Building, Plumbing,
Mechanical, Electrical, T24
Energy, Accessibility,
CalGreen
Mr. Rao has diverse design experience of wood, concrete, masonry and steel in low, mid and high-rise structures of varying occupancy groups. Now focused on plan review, he brings a thorough knowledge of current structural code provisions. He has worked for SFA for 27 years. 847
7 Name Qualifications Type of Review Work
Vic Penera, S.E.
949-475-2901, ext. 34, e-mail
address:
[email protected]
Registered Structural Engineer,
CA
California Structural Engineers
Association of Southern
California
American Society of Civil
Engineers;
International Code Council
Building, Plumbing,
Mechanical, Electrical, T24
Energy, Accessibility,
CalGreen
Vic Penera was previously with the City of Los Angeles Building Safety with experience in both plan review and supervision. He has worked for SFA for 25 years.
Kam Chitalia, S.E., CBO
CASp
949-475-2901, e-mail
[email protected]
Registered Civil Engineer, CA
Registered Structural Engineer,
CA
Certified Access Specialist, CASp
Certified Plans Examiner, ICC
Building & Structural,
Plumbing, Mechanical,
Electrical T24 Energy,
Accessibility, CalGreen
Kam Chitalia joined SFA in 2019. He has provided comprehensive plan check services for all of SFA’s client agencies. His reviews include checking for compliance with all state and local codes, ordinances, regulations and City-specific policies. He has 32 years of building safety experience with City of Irvine and SFA and 5 years in the private sector in structural design.
Brett Archibald, P.E.
CASp
949-0475-2901 ext. 22, e-mail
address:
[email protected]
Registered Civil Engineer, CA
Certified Plans Examiner, ICC
Certified Mechanical Inspector,
ICC
International Code Council
American Society of Civil
Engineers
Build it Green Certification, CA
Certified Access Specialist, CASp
Building, Plumbing,
Mechanical, Electrical, T24
Energy, Accessibility,
CalGreen
Brett Archibald has 25 years’ experience in residential and commercial plan review. He is responsible for keeping SFA’s Correction Lists updated at each Code adoption cycle and is the lead person for Energy Code updates. He is also the primary person in working with IT services and working with client’s software and file transfer protocol needs. 848
8 Name Qualifications Type of Review Work
Peter Tang, P.E.
949-475-2901 ext. 62, e-mail
address:
[email protected]
Licensed Civil Engineer, CA Building, Plumbing,
Mechanical, Electrical, T24
Energy, Accessibility,
CalGreen
Peter Tang joined SFA after having spent 6 years in structural design. His expertise in woodframed structures and rack design has made him a valuable resource. Peter has 22 years’ experience in residential and commercial plan review.
Kyle Tonokawa, P.E.
CASp
949-475-2901, ext. 37, e-mail
address:
[email protected]
Registered Civil Engineer, CA
Certified Access Specialist,
CASP
Building, Plumbing,
Mechanical, Electrical, T24
Energy Accessibility,
CalGreen
Kyle Tonokawa joined SFA in 2018. He has plan checked and approved plans, design calculations and reports for various commercial and residential buildings and developments for compliance with the California Building Code, State Title 24 Accessibility, ADA and Energy requirements. He has 33 years of combined experience with L.A. City, Anaheim and Irvine Building Departments.
Dorothy Chung, P.E.
949-475-2901 ext. 31, e-mail
address:
[email protected]
Registered Civil Engineer Residential & Tenant
Improvements including
Building, Plumbing,
Mechanical, Electrical, T24
Energy Accessibility,
CalGreen
Dorothy Chung has experience in engineering of a variety of projects including single-family Residences, landlord/tenant/facility improvements, ground up commercial buildings, seismic retrofits, etc.
Thaddeus Friess
949-475-2901 ext. 23, e-mail
address:
[email protected]
EIT-California & Kansas,
Passed P.E. National Exam,
Pending California Seismic &
Survey Exam Currently
ICC Certified Plans Examiner
Residential & Tenant
Improvements including
Building, Plumbing,
Mechanical, Electrical, T24
Energy Accessibility,
CalGreen
Thad Friess has been providing plan review for a variety of residential projects including seismic retrofit of homes, single and multifamily housing, retaining walls, swimming pools and electrical PV plans. Mr. Friess has been with us two years since straight out of college and has worked under the supervision of our other engineers. He has his E.I.T. and the National P.E. exam passed and is only pending the California supplement scheduled in about two months in order to complete his P.E. for California. He has passed the Certified Plans Examiner as well. He is currently reviewing residential and tenant improvements. 849
9 2.2 Organization Chart
850
10 2.3 SFA Resumes
SCOTT R. FAZEKAS
EDUCATION
Bachelor of Science in Architecture, California State Polytechnic University, 1980 Supplementary Structural Course Work, California State University, Fullerton, 1984
PROFESSIONAL REGISTRATION
Licensed Architect, California, C-19012, Colorado, Nevada, NCARB
CERTIFICATIONS
LEED Accredited Professional, LEED
Certified Access Specialist, DSA CASp-063
Certified Building Official, I.C.C. 808505-CB
Certified Plans Examiner, I.C.C., C.B.C. 808505-K-6
Certified Building Inspector, I.C.C., C.B.C. 808505-K-1
EXPERIENCE
Mr. Fazekas is President of Scott Fazekas & Associates, Inc. (SFA) which provides building official, building plan check and building inspection services to governmental agencies. He has interfaced with architects, engineers, designers, contractors, plan checkers, inspectors, developers and building owners to achieve code compliant building construction through the application of local, state, and federal codes and regulations.
Mr. Fazekas has 54 years of progressive experience working in and for building departments. Prior to starting SFA, he was employed by BSI Consultants, Inc. (currently Bureau Veritas) as a Senior Vice President and Division Manager of the Building Safety Division. He was responsible for starting, developing and managing the Building Safety Division for 11 years. During that time, he served as building official in California and Washington jurisdictions and oversaw plan review services for more than one hundred client agencies. He also founded and served as President of Employment Systems Inc., which was a corporation dedicated to municipal staffing needs. Before his term with BSI, he spent 13 years working for the building divisions in the Cities of Newport Beach and Costa Mesa where he worked his way through all levels in the departments from clerk to permit technician, inspector and plan check engineer.
Mr. Fazekas has plan checked buildings which encompass the full spectrum of building types and occupancy groups and has served as building official for over twenty jurisdictions through long term and interim contract arrangements. He has also contributed to both the design and code enforcement professions by regularly lecturing at code-related seminars and classes for Calbo and ICC. He served six years on the American Institute of Architects Building Performance and Regulations Committee where he, as AIA’s representative, voted on the ANSI A117.1 Disabled Access Standards. He also served four years on I.C.B.O.'s General Design/Structural Review Committee and on the Orange Empire Chapter of I.C.B.O.'s Code Change Committee. He has served on the local Orange Empire Chapter of ICC’s Board and was President in 2005. He has served as both contract and interim Building Official for over 20 jurisdictions during his last 38 years in the private sector.
PROFESSIONAL AFFILIATIONS
American Institute of Architects (A.I.A.)
International Code Council (I.C.C.)
California Building Officials (CALBO)
Certified Access Specialist Institute (CASI)
851
11 GANESH M. RAO
EDUCATION
Masters of Science in Civil Engineering, Brigham Young University, Provo, Utah Bachelor of Science in Civil Engineering, Bangalore University, India
PROFESSIONAL REGISTRATION
Registered Structural Engineer in California S4471
Registered Professional Engineer in California C52721
Certified Plans Examiner, I.C.C. 1136557-60
EXPERIENCE
Mr. Rao has been a building plan check engineer in SFA’s Irvine office since 1998. He reviews both commercial and residential plans for compliance with model codes and local ordinances. He has a total of 29 years of progressively involved engineering experience.
Prior to his employment with SFA, Mr. Rao spent eight years in the design field with experience in California, Nevada and Hawaii designing wood, steel concrete and post-tensioned low, mid and highrise structures. Occupancies which he has performed design work for have included retail, medical, office resort, bridge, industrial, schools, parking structure and hangar facilities.
Some of Mr. Rao’s notable projects include two Amazon Fulfillment Facilities of 5-story Type I construction; Education First private school campus with some historic building re-use and new oncampus housing for students; the Ontario Event Center, numerous mixed-use mid-rise structures with parking, retail and housing complexes, many with snow loads in Mammoth Lakes; large-scale cannabis grow farms as well as processing facilities; a 45,000 sf residence in the desert with an airplane wing-like roof using finite element analysis in the design; the Great Wolf Water Park & Resort in Garden Grove with a 10-story hi-rise hotel; elderly care facilities; ambulatory surgery centers; and the Tustin Blimp Hangar evaluation re-use project. He has recently worked on the 62- acre World Energy Paramount project. This project is a biofuel manufacturing/processing facility with extensive overhead process piping as well as administrative and industrial buildings.
Mr. Rao has experience in a variety of geographic regions. His design experience includes projects in California, Nevada, Washington, Oregon, Hawaii and the Territory of Guam. His plan review experience has been in California, Nevada and Colorado. Mr. Rao has reviewed plans for code compliance for residential, tenant improvement, low to mid-rise, tilt-up warehouses, etc. Projects included a three-dimensional finite element analysis of space frame for a mall in the Territory of Guam; Disney Building in Burbank utilizing Haunch moment connections; seismic retrofit of Mattel Distribution Center; an aircraft hangar; and Sony Technology Center in San Diego. Projects also included design and detailing of antenna structures ranging from 30 feet monopole to 400-foot latticed tower.
PROFESSIONAL AFFILIATIONS
International Code Council (ICC)
852
12 VICTOR A. PENERA
EDUCATION
Bachelor of Science in Mechanical Engineering, California State University, San Diego 1968 Master of Science in Mechanical Engineering, University of Southern California, 1970 Supplementary Structural Course Work, California State University, Los Angeles, 1973-76
PROFESSIONAL REGISTRATION
Registered Structural Engineer, California 1976, S2083
Registered Professional Engineer, California 1971, C21629
EXPERIENCE
Mr. Penera joined SFA in April 2000 as a member of its plan check engineering staff after completing 30 years of service with the City of Los Angeles.
Having worked four years in the Department of Public Works and 26 years in Building and Safety with the City of Los Angeles, Mr. Penera has substantial experience in both design and plan checking of structural systems. In the 26 years he spent with LA Department of Building and Safety, he plan checked a wide spectrum of structures, occupancies and uses; from simple, wood-frame, single family homes and room additions to complex, high-rise, steel office buildings.
During the last three years of his career with Los Angeles Department of Building and Safety, Mr.
Penera served as the Deputy Superintendent of Building in charge of the Engineering Bureau. As Chief of the Engineering Bureau, Mr. Penera oversaw a staff of 175 engineers, technicians and clerical staff responsible for the checking for compliance of state and local regulations related to building, electrical, plumbing, mechanical and zoning issues.
During this term in management, he oversaw ordinance adoption, council presentations, counter processes, programs for large scale preliminary review meetings, proprietary product listings, tracking and approvals and Alternate Methods and Materials Requests (AM&MRs).
During his time with SFA, Mr. Penera has performed comprehensive plan reviews of the full range of construction and occupancy types of both small to large scale projects. His career experience, credentials as a structural engineer and management experience have honed his abilities as a plan check engineer.
Mr. Penera was active in the development of the first International Building Code (IBC). For one year, he served on the Steering Committee for the development of the first draft of the IBC and for two years served as Chairman of the Structural Subcommittee to draft the structural engineering chapters (Chapters 16-26) of the proposed IBC.
PROFESSIONAL AFFILIATIONS
Structural Engineers Association of Southern California (SEAOC) American Society of Civil Engineers (ASCE)
International Conference of Building Officials (ICC)
853
13 KAM CHITALIA
EDUCATION
Masters of Science, Civil Engineering, Clemson University, South Carolina Bachelors of Science, Civil Engineering, Bombay University, Bombay, India
PROFESSIONAL REGISTRATION
Structural Engineer, California (S3661)
Civil Engineer, California (C40594)
CERTIFICATIONS
ICC Certified Building Official (858212)
ICC Certified Plans Examiner (858212-06)
Certified Access Specialist (CASp-959)
Building Official Leadership Academy (BOLA) Graduate
Certified Post-Disaster Assessment Program (SAP) Evaluator Certified Post-Disaster Assessment Program (SAP) Coordinator
EXPERIENCE
Mr. Chitalia is a Building Plan Check Engineer with Scott Fazekas & Associates, Inc. (SFA) where he provides comprehensive plan check services for all SFA’s client agencies. His reviews include checking for compliance with all state & local codes, ordinances, regulations and City-specific policies.
Mr. Chitalia’s career began in 1984 where he worked in the private sector in structural design firms for 5-1/2 years where he designed multi-story buildings of steel, masonry, concrete and wood. In 1989, he began his career with the City of Irvine. His positions ranged from Associate Engineer to Senior Engineer to Principal Engineer, and he ultimately became the Chief Building Official/Manager of Building & Safety. During his 20 years of progressively responsible roles, he reviewed OSHPD projects for the State, complex multi-story structures including hi-rises, shopping centers, fire stations, condos, apartments, parking structures and churches. During a 9-year period as Principal, he supervised in-house staff that managed reviews of over $12 billion valuation. As Building Official, he interacted with local Fire (OCFA), Water District (IRWD), and County Health (OCHCA) and supervised over 80 staff members.
PROFESSIONAL AFFILIATIONS
California Building Officials (CALBO)
International Code Council (ICC), Orange Empire Chapter Certified Access Specialist Institute (CASI)
854
14 KYLE B. TONOKAWA
EDUCATION
Bachelor of Science in Civil Engineering, California State Polytechnic University, 1985
PROFESSIONAL REGISTRATION
Registered Civil Engineer, CA (C43738)
CERTIFICATION
Certified Access Specialist (CASp), DSA CASp-0642
EXPERIENCE
Mr. Tonokawa is a plan check engineer in SFA’s Irvine office. He provides plan reviews of all types of construction and occupancy groups. Through his 33 years of municipal building department career, he has gained diverse experience in zoning reviews, testing of proprietary construction products and listing, grading reviews and geotechnical report reviews and management of plan check staff in addition to comprehensive plan review responsibilities.
Mr. Tonokawa began his career in 1985 as a plan check engineer with the City of Los Angeles where he worked for 13 years providing building, zoning and grading plan reviews. He then spent nine (9) years as Senior Plan Check Engineer with the City of Anaheim where he handled major projects, as well as code interpretation resolutions and project flow and scheduling. His most recent position before joining SFA was 11 years in the City of Irvine as Senior Plan Check Engineer where, in addition to complex plan reviews, he handled staff training, inter-departmental representation and interfacing with consultants in providing plan review services. He was also responsible for the implementation, coordination and daily operation of Irvine’s Tidemark permitting system and its later upgrades.
Mr. Tonokawa has reviewed numerous mid and hi-rise structures in his career. His reviews have included wrap-around mid-rise condos around parking structures, industrial complexes, hazardous material storage & processing, assembly buildings, private schools, churches, apartment complexes, offices, retail complexes & malls, essential services facilities and oil refinery projects.
Some of Mr. Tonokawa’s large projects are as follows: Twin 20-Story Office Towers in the Irvine Spectrum, 15-Story Marriott Hotel at the Irvine Broadcom Campus, 997-Unit Park Plate Apartments and Parking Garage, Tower of Terror at Disneyland, Garden Walk Shopping Mall at Disneyland, Finding Nemo Submarine Voyage at Disneyland, 77th Street LA Police Facility, and World Energy Paramount 62-Acre Bio Fuel Processing Facility.
During his term in Los Angeles, he was responsible for reviewing and working with applicants & manufacturers to determine test protocols for proprietary products. He reviewed test data for a range of proprietary products such as sprayed fireproofing, engineered lumber products, viscous seismic dampers and roofing products.
PROFESSIONAL AFFILIATIONS
Calbo - Post Disaster Safety Assessment Evaluator
California Office of Emergency Services - Essential Engineering Duties International Code Council, (I.C.C.)
855
15 PETER K. TANG
EDUCATION
Bachelor of Science in Engineering, California State Polytechnic University, 1994
PROFESSIONAL REGISTRATION
Registered Civil Engineer, California, C59691
EXPERIENCE
Mr. Tang has been a plan check engineer in SFA’s Irvine office for 22 years. He reviews both residential and commercial plans for compliance with model codes and ordinances. With a background in forensic investigations on wood-framed structures, he is particularly well versed in wood structures.
Over a 25 year period, Mr. Tang has been exposed to a variety of engineering design assignments with three different structural design firms. He was employed by Seismic, Inc. in Pomona; Ficcadenti & Waggoner Structural Engineers in Irvine; and John A. Martin Structural Engineers in Los Angeles.
Mr. Tang has been an excellent supervisor to junior plan checkers in the area of wood framing. His expertise in rack design has also made him a valuable resource in the review of increasingly large rack systems.
In his engineering design years, Mr. Tang was a project designer on Fresno State’s Savemart Center, a steel and concrete sports area; the Pacific Grand Resort, a steel conference center in Huntington Beach; the Westpark Tiempo Community in Irvine, a seismic retrofit of homes; and the Casa Gateway Condos in Pacific Palisades, a seismic evaluation of 3-story homes.
Through our current contract with the City of Norwalk, Mr. Tang worked in-house at the City one day per week for almost 8 years. He worked with applicants to answer code questions and to resolve plan check issues for both his projects as well as those of other SFA plan reviewers. His personality allowed him to be a successful ambassador.
Mr. Tang is uniquely familiar with the specialized needs of SFA’s clients when it comes to electronic submittal. His long tenure with different software systems has made him effective at troubleshooting areas which can be improved when new systems or changes occur. He interacts with our client cities and assists in the submittal process with our other engineers when necessary. 856
16 BRETT A. ARCHIBALD
EDUCATION
Bachelor of Science in Civil Engineering, California State San Diego, 2002 Structural Emphasis in Course Work
PROFESSIONAL REGISTRATION
Registered Civil Engineer, California, C69206
CERTIFICATIONS
Certified Plans Examiner, I.C.C. 5114159-60
Certified Mechanical Inspector, I.C.C. 5114159-41
Build It Green Certification, CA
Certified Access Specialist, DSA CASP-122
EXPERIENCE
Mr. Archibald is one of SFA’s professional staff in the Irvine office. He has 25 years of experience with SFA reviewing both residential and commercial projects. He is responsible for tracking changes in T-24 Energy Regulation and updating all staff.
Mr. Archibald started internship with SFA during college summer breaks and immediately started full-time upon graduation in 2002. He has performed reviews of all construction types and occupancy groups during his tenure including new structures, additions and alterations.
Mr. Archibald has experience in plan checking a variety of projects including single and multi-family housing, tenant improvements, new commercial and industrial buildings, seismic retrofits, tilt-up warehouses, etc. These projects involved structural systems such as wood framing, light gauge steel, moment frames, cantilever columns, concrete and masonry.
Mr. Archibald has taken the lead role of developing and updating SFA’s Commercial & Residential Standard Correction Lists used by the entire plan check team. He has also been the key plan check engineer to follow all the T-24 energy updates and is the “go to” person for energy questions. As a CASp, he also maintains updated training as a CASI member.
Mr. Archibald interacts with client cities on implementing electronic plan reviews as well as doing data entries in the client’s tracking system such as Accela or Eden or EnerGov when needed. He has been instrumental in assisting clients in the process of implementing digital plan review for plan intake and review. He is also SFA’s key representative when client’s software systems change and protocols change or when SFA is initiating services with a new client.
Mr. Archibald has also been instrumental in helping to establish tailored documentation for some of SFA’s newer clients or clients which are modifying procedures or policies. His computer skills have assisted in the coordination of SFA processing with the needs of clients.
PROFESSIONAL AFFILIATIONS
International Code Council (ICC)
Certified Access Specialist Institute (CASI)
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17 DOROTHY J. CHUNG
EDUCATION
Bachelor of Science in Civil Engineering, University of California, Irvine, 2013 Structural Emphasis in Course Work
Master of Science in Civil Engineering, University of Southern California, 2017 Structural Emphasis in Course Work
PROFESSIONAL REGISTRATION
Registered Civil Engineer, California, C92499
EXPERIENCE
Ms. Chung has been a plan check engineer in SFA’s Irvine office for almost 1 year. She currently reviews residential plans for compliance with model codes and ordinances. With a design background in Residential & Commercial wood-framed structures, she is proficient in wood structures.
Over a 10-yr. period, Ms. Chung has been exposed to a variety of engineering design assignments with three different structural design firms. She was employed by EW Webb Engineering in Riverside; Okamoto Structural Engineering in Costa Mesa; and Brandow & Johnston in Newport Beach.
Ms. Chung has experience in engineering design of a variety of projects including single-family residences, landlord/tenant/facility improvements, ground-up commercial buildings, seismic retrofits, etc. These projects involved structural systems involving wood framing, light gauge steel framing, structural steel, concrete, and masonry.
In her engineering design years, Ms. Chung has been a project designer on lighting effects support for Disneyland’s Space Mountain ride refresh in Anaheim using Unistrut parts; a couple of wood framed retail structures for The Vineyards Shops in Murietta; Amazon’s SCA4 facility improvement in San Diego involving a steel roofed tilt-up structure; and Fairfield Inn, a 3-story wood framed hotel in Chatsworth.
PROFESSIONAL AFFILIATIONS
Structural Engineers Association of Southern California (SEAOSC) 858
18 THADDEUS FRIESS
EDUCATION
Benedictine College, Civil Engineering
PROFESSIONAL REGISTRATION
Engineer in Training, EIT, California
EXPERIENCE
Mr. Friess is currently a Plans Examiner and has his E.I.T. in California after recently finishing his coursework at Benedictine College with a degree in Civil Engineering prior to joining SFA. Under the supervision of senior members of the firm and its President, Scott Fazekas, Thad has performed many reviews on residential projects from basic single-family additions, ADUs and to larger new SFR single family residences. His knowledge base continues to grow as his experience deepens.
His seminar training coursework has covered code analysis, means of egress, heights and areas, T-24 Energy and both 11-A and 11-B Access Regulations.
He has systematically studied, and become familiarized with plumbing, mechanical and electrical code provisions relating to residential by studying check lists and code content. He has also done seminars on T-24 energy regulations.
Prior to joining SFA, he worked for a construction company during his school years, which gave him familiarity with actual construction practices.
Mr. Friess’ youth offers the benefits of extreme familiarity with computers and their programs.
Todays’ world requires computer skills and he has the advantage of having used computers through his entire school career. He is familiar with all forms of electronic plan review approving and delivering of these plans and is also very familiar with Bluebeam which most of SFA electronic plans are read in.
PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers (ASCE)
National Society of Professional Engineers
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19 2.4 SFA’s Relevant Experience
SFA primarily specializes in proving building plan review services exclusively to governmental agencies. SFA has performed over 250,000 building plan reviews and 40,000 for clients in the past 5 years. Several notable projects are provided with the information and reference contacts as requested in the RFP are listed below.
16-Story Hotel
2725 W. Katella Avenue
City of Anaheim
Plan Check Engineer: Ganesh Rao, S.E.
City Contact: Scott Beery, Building Official
714-765-4130
e-mail address: [email protected]
This project is a 16-story hotel which is connected to a large development in Anaheim broadly called the VIBE, which includes the Honda Center, expansion of a 6-story atrium, new parking garages, bridge connections to the ARTIC inflated translucent shell structure, other mixed-use structures, and outdoor spaces. This 16-story is placed on fairly tight site constraints on several commonly owned parcels. All the surrounding structures are Type I-A construction which allows for unlimited areas and unlimited openings between structures. The opening protection requirements occur only on some tight exit court conditions. The occupant load in the 16-story required that it be designed as an Occupancy Category III structure for increased seismic requirements. There were three alternate methods & materials applications (AM&Ms) filed with this project. Timelines are important for the VIBE as most facility development intends to be complete in time for the Olympics.
5-Story Mixed Use Multi Family
2575 N. Santa Anita Avenue
City of Arcadia
Plan Check Engineer, Ganesh Rao, S.E.
City Contact: Ken Fields, Building Official
(626) 574-5420
e-mail address: [email protected]
This project was a 5-story mixed use building with subterranean parking. Its primary occupancy was multifamily R-2 occupancy dwellings with 181 units and 379 parking spaces. The mixed occupancies included R-2, S-2, A-3, M & B. It was 346,152 sq. ft. of Type I-B construction. This project required that plan review consider Chapter II-A access regulations, some II-B public parking requirements, EV charging in the CALGreen regulations, and occupancy separation requirements between dwelling units and between other occupancies.
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20 Honda Center South
2695 E. Katella Avenue
City of Anaheim
Plan Check Engineers, Ganesh Rao, S.E. & Peter Tang, P.E.
City Contact: Scott Beery, Building Official
(714) 765-4130
e-mail address: [email protected]
This project is an expansion of the Honda Center which is directly across the 57 Freeway from Anaheim Stadium. It is part of the “VIBE” development. The project is a 6-story, 72,000 sq. ft. area, steel framed, Type IA structure with 5 levels of open atrium. It has tiered floor areas of Assembly use on each side of the atrium and has openings onto the main arena concourse at all levels. The structure is seismically isolated from the main arena. The expansion modifies the South Entry requiring exit analysis and re-routing of existing exit routes, to allow uninterrupted occupancy during construction. This project involved mechanical smoke control and AM&Ms. The main arena also has existing smoke control as well.
Type 11A 6-Tier Parking Structure and Type 111-A Apartment Building 2300 Swaim Way
City of Tustin
Plan Check Engineers, Ganesh Rao, S.E. & Kyle Tonokawa, P.E.
City Contact: Mariam Madjlessi, Building Official
(714) 573-3109
e-mail address: [email protected]
This project is a group of structures on 6 contiguous parcels consisting of 6 parking garages between 5 & 6 levels each, surrounded by residential apartment units wrapped around the parking garages between 4 & 5 stories each. The parking garages were Type II-A and the residential units ranged from Type V-A to III-A construction. A 3-hr. fire wall separates the two different types of construction. Solar canopy carports are on the roofs of the parking garages and some have solar on the residential roofs. Amenity occupancies such as leasing, club rooms and resource rooms occur within the residential components of the structure.
Four of the “wraps” were being developed by The Irvine Company and two were being developed as affordable by USA Properties. There were a number of code issues worked through, beginning with pre-submittal questions to revisions late in the design stage. 861
21 Type III-B New Construction Speculative Concrete Tilt Warehouses, Pump House, Dock Door Levelers, Trash Enclosure, Pole Lights, Pump House and Fences 19077 Calle De Los Rios
City of Desert Hot Springs
Plan Check Engineer, Kyle Tonokawa, P.E.
City Contact: Travis Clark, Building Official
(760) 329-6411 ext. 240
e-mail address: [email protected]
This project a 1,062,165 sq.ft. 1 Story Warehouse/Distribution Center of Group S-1 occupancy. It was intended for agriculture cultivation and distribution by the initial occupant. It was Type III-B sprinklered Construction and unlimited area. It included required smoke and heat venting due to the large area. Also, due to it’s scale it had to make use of the extended travel distance of 400 ft. allowed by 1017.2.2 CBC. The structural design utilized Buckling Restrained Brace Frames (BRBF) due to extreme roof tributary areas. Also, the initial submittal had some under designed shear transfer connections, chord force details and re-entrant corner drag connection details. This project had a number of accessory site structures of a pump house, tanks with foundations, light poles and trash enclosures.
83 Attached 3-Story Condominiums and 10 Live/Work Units 11459 Imperial Hwy
City of Norwalk
Plan Check Engineer, Ganesh Rao, S.E.
City Contact: Faye Yuan
(562) 929-5739
e-mail address: [email protected]
This project consists of 83 attached 3-story Condominiums with 10 live-work units. They were separated into multiple pods. This involved both multifamily and public accommodation access regulations. The project was lacking a soils report initially. The foundation ended up being posttensioned and the structure had discontinuous systems which required overstrength design for some of the elements in the load paths. Being 3 stories of wood framing, stacked shear walls, and in some cases, narrow shear wall aspect ratios created shear wall design challenges. 862
22 Target Store, 1732 Oak Valley Parkway
City of Beaumont
Plan Check Engineer: Kyle Tonokawa, PE
City Contact: Sara Retmier, Building Official
(951) 769-8517
e-mail address: [email protected]
This project is a new Target store. It included the shell and tenant build out. This structure was a Type III-B, unlimited area building of 147,796 sq. ft. using 60 ft. yards for allowable area. It required an AM&M and concurrence with Fire where solar canopy locations technically interrupted the 60 ft. yards in one location. This site was in a mapped fault zone and involved an extensive fault trench and evaluation by geotechnical engineers. Fault traces were identified and evaluated to allow development of the land. They used a campus design approach with PVs, grouping the PVs on the major buildings but serving all buildings. There was an AM&M filed to allow shallower roof drainage of 1% due to large spans on roof. Also, due to the large scale, there were design corrections to resolve for concrete piers and drag collectors for large tributary areas. 4-Story, 93 Room Hotel, 181 Colorado Place
City of Arcadia
Plan Check Engineer: Ganesh Rao, S.E.
City Contact: Ken Fields, Building Official
(626) 574-5420
e-mail address: [email protected]
This project was a new 4-Story Hotel of Type III-A Sprinklered Construction. It was 47,260 sq.ft. and included R-1, B, A-2, A-3 and S-1 occupancies. Allowable area used separated occupancy provision calculations including yard increase allowances. This project started with an initially incomplete set of plans which required an excessive number of corrections to instruct the design team on what to address in the plans. The structural plans and calculations were incomplete and could not be provided with initial structural review until the second submittal. This project is currently pending resubmittal and is not yet complete.
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23 New Assisted Living and Memory Care Facility, 1150 W. Colorado Boulevard City of Arcadia
Plan Check Engineer: Ganesh Rao, S.E.
City Contact: Ken Fields, Building Official
(626) 574-5420
e-mail address: [email protected]
This project was a 100 Room Memory Care Assisted Living Facility of 105,353 sq.ft. It included R-2, A-2, A-3, B and S-1 occupancies and was Type VA Sprinklered Construction. It presented some Code Analysis issues for the allowable area using “separated occupancies”, yard frontage, assumed property lines and firewalls. It involved the California Department of Social Services (CDSS) for licensing. It also had travel distance design challenges and application of Exit Court provisions which required discussion with Fire as well due to occupancy group. Structurally the project used a wood framed shear wall lateral system design with stacked shear walls, and truss floor and roof systems.
5-Story Mixed Use Multi Family With Basement Parking, 181 Units, 379 Parking Spaces, 25- 75 N. Santa Anita Avenue
City of Arcadia
Plan Check Engineer: Ganesh Rao, S.E.
City Contact: Ken Fields, Building Official
(626) 574-5420
e-mail address: [email protected]
This project was a mixed use Multi Family Building with an underground parking basement and 5- stories above grade and an occupied roof deck. It was Type 1-B Sprinklered Construction It was 346,152 sq.ft. and included R-2, S-2, A-3 M and B occupancies. There were multiple different firerated assembly systems for floor, roof, wall and column protections as well as occupancy separations. It also had exterior wall and opening fire protection requirements due to proximity to property lines. This project required an egress elevator with standby power. 864
24 Commercial Medical TI. Office Out Patient Clinics. # OSHPD 3 Clinics on 1st Floor. 16,977 sq.ft., 20 Patient Care Bays, 5 Operating Rooms. 4,935 sq.ft. 1st Floor CT Room, 1-X-Ray Room, 2 MRI’s. 3rd Floor- 13,765 sq.ft. 40 Treatment Bays, 1 Pharmacy 12471 Washington Avenue
City of Whittier
Plan Check Engineer: Kyle Tonokawa
City Contact: Adam Tekunoff, Building Official
(562) 567-9331
e-mail address: [email protected]
This project was a 112,000 sq.ft. OSHPD 3 Medical Office Building T.I. It was 3 stories of Type 11-B Sprinklered Construction and included both B and A-3 Occupancies. This project involved a number of fire-rated assembly walls and floor/ceiling assemblies including Fire Walls, Fire Barriers, Fire Partitions, Smoke Barriers and Smoke Partitions. It also included medical gas requirements. Being required to provide OSHPD 3 Certification by the City at competition, it was intended for licensing by California’s Department of Health Services (DHS). This project involved many issues relating to egress, such as travel distances, panic hardware, number of exits and voice/alarm communication systems.
Being OSHPD3, the various different room functions required following Table 4-2 CMC to check for positive and/or negative air balancing in the respective areas. This project included Outpatient Surgical Clinic services, Radiological/Imaging and Cancer Treatment/Infusion Therapy. It also involved structural design and anchorage detailing for heavy equipment such as MRI, CT, X-ray, generator and new roof top mechanical units.
Reconstruction of Fire Station No. 2, Including Demolition of the Existing Facility.
Construction of a New Single-Story, Type V-B Building with B, R-3, and S-2 Occupancy Groups. Fully Sprinklered Structure with a 9,445 sq.ft. Footprint and 8,630 Sq.ft. of usable Space, Designed to Achieve LEED Gold Certification. Temporary Facilities included Living Quarters, an Apparatus Bay Canopy, and a Conex Storage Unit. 800 Baker Street
City of Costa Mesa
Plan Check Engineer: Kyle Tonokawa
City Contact: Charles Chamoun, Plan Check Manager
(714) 754-5614
e-mail address: [email protected]
This project involved the demolition of an existing Fire Station and the construction of a new Fire Station. The new facility was 9,445 sq.ft., single story, Type V-B Sprinklered, Group B, S-2 and R occupancies. It’s structural design was reviewed as an Essential Services Facility which is an Occupancy Category IV structure. It was designed to meet LEED Gold Certification. 865
25 Some of the unique structural design challenges stemmed from discontinuous roof diaphragms due to different roof elevations and vertical irregularities, re-entrant corners in the plan layout. The design also combined a steel moment frame with plywood shear walls in the lateral design.
Amazon Building
64165 19th Street
City of Desert Hot Springs
Plan Check Engineer, Ganesh Rao, S.E.
City Contact: Travis Clark, Community Development Director (760) 329-6411 ext #240
e-mail address: [email protected]
This project was a new Amazon Center of 680,844 sq.ft. of 1 story area plus a Mezzanine. It consisted of S-1, A-2, A-3, & B occupancies. It was Type III-B Sprinklered tilt up construction.
From initial shell review to some of the conveyors and process equipment, approximately 18 different applications have been filed on it over a 2.5 year time frame There was a water supply issue that warranted a 2,555 sq.ft. 420,000-gallon tank on site which was built of masonry walls.
2.5 Other Types of Projects Reviewed by SFA
Some projects worth noting to illustrate a broad range of experience are as follows:
• New undergraduate dormitory 96,200k SF housing facility • New mixed use 10 story residential and indoor water park with retail • New Assisted living Facilities
• New Ambulatory Surgery Centers and Multiple OSHPD 3's • Multiple residential buildings (apartments and condos) 3 to 5 stories with podium construction and parking below
• Mixed use office, retail and housing facilities
• Multiple Cannabis Buildings including agriculture, packaging, retail and extraction • Multi-story parking structures
• OCSD Sheriff’s facility remodel upgrading to Occupancy Category Code IV • Multiple large warehouses
• Multiple multi-story office buildings
• Fire Stations
• Municipal Event Centers
• Private School Buildings
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26 • Large 5 story Distribution Hub Buildings 4 and 5 Story with multi-million sq. ft. areas • Three- and Four-Story mini-storage facilities
• Multifamily and Multistory residential projects
• Storage racks and large-scale conveyor structures
• Elderly Care and Child Care Facilities
• Blimp Hangars at MCAS Tustin - Evaluation and Re-Use
2.6 SFA’s Ability to Perform Scope of Services
SFA has performed over 250,000 plan reviews over our 30 years as a company and has provided plan check services which have included every type of construction and occupancy group in the building spectrum. SFA has also encountered many unique administrative policies and processes in working with the building officials in client jurisdictions which may have arisen due to tight project scheduling, application of alternate design methods or simply due to unique project characteristics.
SFA tailors services to the needs of the City.
SFA does not subcontract out building plan review services and retains full-time staff who work in our office, not remotely. SFA has numerous, solid, municipal references beyond the references provided in the Reference Section, if desired. All references listed in the Reference Section are for current clients and reflect on-going work which shows SFA’s experience with other cities for the same plan check services offered to the City of Garden Grove.
SFA does not perform any work for the private sector so no conflict of interest can result, allowing SFA staff to be objective in the enforcement of regulations. The owner, Scott Fazekas, will be actively involved with ensuring that quality services are delivered to the City of Garden Grove, and will be the primary contact for all communication with the City.
The scope of SFA plan review covers Building, Fire-life Safety, Architectural, Structural, Accessibility, Plumbing, Mechanical, Electrical, use and occupancy, building heights and areas, construction type, foundation design, soils report design parameter implementation, Green Building Code, Energy Calculations, and any local City Ordinances or Policies relevant to the projects. SFA also does reviews of project revisions and deferred submittals as needed.
SFA appreciates the client’s concern for high quality performance and precise communication when utilizing the services of a consultant. Close interaction with the client is considered an essential part of SFA consulting services. SFA’s commitment to a thorough understanding of the codes and the intent with which they were written permits consistent and proper enforcement while meeting the expectations of the City and earning the respect of the public.
SFA’s approach is to provide high quality, thorough, clearly written plan review comments in an on-time schedule by credentialed and experienced staff. These services are coordinated with the needs of the City’s inspection team and the permit technicians who process the plans and permits.
Our aim is to provide courteous interaction with City staff, applicants, owners and design team professionals. The ultimate objective is to contribute to a safely built community which maintains property values through property protection and sustainability. 867
27 2.7 SFA’S Philosophy
Through the 30 years of experience in providing contract services to governmental agencies, SFA has identified concepts and ideas that are essential for a consultant to possess in order to effectively fulfill the building department requirements of a city or county. They are as follows:
• The experience and staff to respond to each agency’s needs in a timely, efficient and costeffective manner. • Administrative and management ability of high caliber to identify problem areas and provide for their correction in a timely and sure manner. • The ability to recognize and develop the attributes and strengths of staff members and to utilize them to their full potential.
• A reputation for quality performance and integrity to successfully administer all aspects of the codes.
• Expectations and performance accountability that are established and adhered to. • Professional representation on behalf of the client agency in order to maintain good public relations.
• Communication with the assigned client agency liaison through meetings, memorandums and status reports.
• Coordination with other agencies which require Building Department involvement. • Attendance of key meetings to keep informed on the most recent state statutes, and code administration techniques and procedures.
• Attendance at any required meetings connected with the plan review services.
2.8 SFA’S Quality Features
• Objectivity - Exclusively serving municipalities for zero conflict of interest. • Fast turnaround times: SFA will perform the first review in 10 working days and rechecks in 5 working days.
• Tailored Electronic plan submittal and review.
• Five Years Experience in the immediately recent contract cycle providing Plan Review to the City of Garden Grove
• Experience of individual plan check staff.
• Excellent references by numerous municipalities.
• Bluebeam mark-up corrections delivered to City and status updated in Viva for timely communication in a City Approved format.
• Quality Control measures practiced to ensure a quality work product. • Municipal experience in building safety and familiarity with all internal and external agency and division needs.
• Planning’s Discretionary Reviews Upon Request.
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28 • Excellent Customer Service as Ambassadors of the City. • Experience in Bluebeam, Accela, Microsoft Word, Excel, EPR, Viva Civic and many others.
SFA’s process ensures due dates are always honored by assigning work to the engineers quickly upon receiving from the City and closely tracking the plan review process as defined in this section.
The following paragraphs illustrate how SFA views, routes, and communicates during the plan review process from beginning to completion which provide additional detail of SFA’s tools and processes to accomplish the Scope of Work.
SFA incorporates several internal procedures which will: 1) ensure better communication with the client agencies and the applicants; 2) achieve plan reviews which are more consistent with the specific policies and needs of the individual municipal client; and 3) enhance internal organization and processing.
SFA provides building plan check services by only licensed professionals with ICC Certified Plans Examiner certifications and all from one location in SFA’s Irvine office. SFA’s plan check engineers are licensed Professional Civil or Structural Engineers or Architects. All projects produce marked-up plan files containing all corrections, in a format consistent with City’s request, with each submittal and resubmittal until final approval and transmittal to the City of Garden Grove.
The plan review staff are always available to answer any technical questions of the City and applicant/design team regarding corrections, codes and regulations to encourage complete resubmittals.
2.9 Tailored Viva Entries by Administrative Staff
To ensure client satisfaction, SFA’s Administrative staff also act as an extension of the City Staff by entering in Viva the status of every plan received, reviewed or delivered that day which allows seamless flow between SFA’s tracking system and Viva. This Protocol is specifically tailored to the needs of the City.
The following list is a brief synopsis of the procedures followed in Viva:
All new and recheck plans from the City are sent via e-mail to SFA which notifies us of a new plan being sent to us. SFA will then log the new plan or recheck in and print out the City description and fees for the project from the Viva website if the project is new. SFA will then log it into our tracking system.
When a recheck is received SFA will print the e-mail then go into Garden Grove Viva portal to print out the responses from the applicant on the resubmittal project. If no responses or marked-up plans are in Viva we will close out the cycle with a note to provide the response for review.
Once the review has been done by SFA, we will upload the marked-up plans in Viva and log it out of Viva with corrections. If any additional hours are to be added, we will add a note in Viva with the hours spent on the project. We verify that the plan checker added the comment on the plans and that status has been changed.
When plans have been approved, SFA’s plan checkers will upload plans into Viva and add any additional hours or Conditions of Approval in Viva notes for the City. SFA will also verify that the plan checker logged out the plans as approved.
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29 2.10 SFA’s Tailored Plan Check Services Approach
2.10.1 Agency Information List
SFA provides a plan review service which is tailored to the specific needs of each client by using a customized Agency Information List which documents policies, interpretations, ordinances, routing, and communication rules, etc. Whenever the City wishes to implement a change or addition to the list, SFA will update the list and distribute it to all plan check staff to notify them of the change and it is also updated on the Agency Info List Portal. When technical directives are added to the Agency Information List, these items are often incorporated into the City of Garden Grove’s Correction Protocol Template, ensuring that specific critical items are incorporated in each review when applicable.
2.10.2 Transmittal Protocol
SFA does not use our standard Transmittal format with the City of Garden Grove, instead all information that pertains to that plan review is entered into Viva for proper tracking by the City from that point until the next submittal to SFA.
2.10.3 SFA Plan Log System
The SFA Plan Log System is a software designed specifically for SFA that provides centralized data management for the plan review process. This allows SFA to:
A. Login – Record all information associated with each project B. Generate Reports
1. Scheduling – Efficiently assign plans based on plan checker workloads
2. Productivity – Measure and monitor plan review efficiency
3. Capacity – Monitor the workload capacity of each plan reviewer C. Status to City
D. Track – Plan review progress throughout the plan review process E. Logout – Route completed plans back to the City
Some additional features of the SFA Plan Log System are:
• Fee calculation and tracking for all hourly projects such as revisions or deferred submittals.
• Automated invoice generation to help prevent clerical and mathematical errors. • A Scheduling Report is generated daily which displays the currently assigned workload for each plan checker and all projects received that day. This report is used to ensure each project has the proper time available to complete a proper review. This process also serves to identify projects experiencing delays with numerous re-checks so they can be addressed.
• Maintains all SFA holiday and vacation calendars to ensure assigned workloads are accurate and achievable.
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30 • A Due Report is generated nightly and delivered as a reminder, to each plan checker containing all the projects due the next day to ensure deadlines are achieved. • A Status Report is generated which includes the turnaround time for all projects. This serves as a double check that projects do not go out late. • Advanced search features which help streamline projects by assigning projects at the same address to the same plan checker who performed previous reviews. • Customizable fee structure and review schedules for each client with automated generation of fees and due dates to prevent clerical and mathematical errors.
2.10.4 Plan Assignment/Routing
After plans have been logged in, the SFA Plan Log will recommend plan reviewer assignments based on previous reviewer history for rechecks and plan checker capacity for initial reviews. Plans are promptly routed to the plan check engineer with an assignment tag and the due date, so the engineer can schedule their time accordingly.
2.10.5 Status, Tracking and Reports
The details, status and progress of each plan review is tracked in the SFA Plan Log and can be provided to the City when needed.
Upon City request SFA can generate specific reports from the SFA Plan Log System. This allows for full transparency of the plan review process. The reports include information such as:
• Dates received, reviewed, checked, notified and also how delivered. • Tracking status
• Plan Check Engineer’s name, contact information, where and how to respond and resubmit for recheck
• Plan Mark-ups
• Special Notes to flag unique project-specific items.
2.10.6 Electronic Plan Review
The plans are distributed by the administrative staff to the assigned plan check engineer’s office and tagged with a due date and any unique notations specific to each project. This is done within 24 hours of intake. The plan check engineer reviews the City Application paperwork and compares the scope of the application with the plans. The review will incorporate any items from the City of Garden Grove’s Correction Protocol Template that apply, as well as applicable policies from the Agency Information List. Once the direction and scope are clear and any City-specific issues that apply are understood, the comprehensive review of the plan is started.
SFA follows the City’s requested plan review method by marking up plans in Bluebeam. Some projects have deferred submittals for varying scopes of work while other changes may include notes added to plans. This process has evolved during SFA’s recent contract term in working out a system that specifically meets the City’s needs and objectives in delivery of services to the development community.
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31 2.10.7 Corrections Protocol Template
SFA does not use our standard correction list for the City of Garden Grove. However we still use a City-specific template to ensure that items key to City policies is applied at the onset of our review.
We have created an entirely new format in order to accommodate the City’s request to put all comments on the actual plan for that plan review session. This has provided more clarity for the applicants and helped to lessen the amount of rechecks needed to complete a project. During the plan review process corrections continue to be marked on the plans to cite specific issues and where appropriate, identify the location on the plans where the conditions apply along with the code section.
2.10.8 Communication with City
During the plan review process SFA has multiple mediums with which to communicate with the City. The method selected is intended to be the most convenient, timely, efficient and inclusive to all relevant parties. SFA lists the communication tools currently being utilized in daily operations:
• In person meeting with City at City Hall or SFA offices • Zoom or Teams meetings
• Conference call dial-ins
• Combination of Bluebeam shared on-line viewing with conference call to discuss plans. • Phone
• Fax
• Email and pdf
Considerations such as the location(s), number of participants and complexity of the subject matter play a role in how the method of interaction is selected.
Preliminary meetings may be virtual or in person. SFA attends meetings in City Hall when requested by City Staff. Phone consultations are available to the City on any topic, regardless of whether or not it’s for a project worked on by SFA. Code issues are addressed as a courtesy with no charge. SFA is always available to answer technical questions to the public, including inquiries regarding building and safety codes and regulations.
SFA’s plan check staff work in SFA’s Irvine office, not remotely. Staff regularly take phone calls throughout the day in real time.
2.10.9 Plan Review Logout and Delivery
When the applicant and/or design team have resolved corrections through the resubmittal and recheck process and have shown compliance with all applicable codes, ordinances, state and federal laws as well as City Policies and Interpretations, SFA will upload the plans in Viva with notes for any conditions on the approval. The plan will then be logged out/approved in the SFA Plan log when it has been delivered back to the City.
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32 2.10.10 Applicant Questionnaire
SFA provides Applicant Questionnaires on our website at scottfazekasandassociates.com for the design/developer team to complete after the review process is complete. This allows follow-up of any potential process issues but also lets the plan check team know they’re open to receiving comments. This is available, if requested by the City.
2.10.11 City Role/Time Involvement
It is the ultimate goal of SFA to reduce or eliminate the effort by City staff needed in the plan review process. Since SFA works at the pleasure and direction of the City, the City has the right to determine what, if any, involvement they have. SFA is simply an extension of the City staff as an as-needed resource. Some information and effort required of the City to perform services that would help SFA perform plan review services more efficiently would be as follows:
• Copies of Code Adoption Ordinance.
• Copies of, or verbal explanation of, any written Policies on Code Interpretations. • Copies of any administrative policies on plan routing with applicants. • List of City contacts, roles, phone numbers, etc. to allow efficient interfacing for communication and coordination between SFA and City staff when necessary.
Copies of Application Forms with each plan review assigned to SFA by the City
2.10.12 Managing Time Schedules
Scott Fazekas, President of SFA, will personally be managing the time schedule and assures the City of Garden Grove that he will make sure all deadlines are met.
2.10.13 Resource Allocation
The SFA admin staff performs all non-plan check related activities to enable plan check engineers the capacity to efficiently focus only on plan review. SFA’s engineers all work in the same office; none work remotely. This enhances coordination, communication, consistency in application of interpretations and team building.
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33 All of SFA plan check engineers are hourly, not salaried, so they are compensated at 1.5 rate for all overtime worked. This structure allows SFA the depth of resources when assignments are received to have any or all engineers do overtime in order to always meet the deadline. This equates to approximately two and a half Full Time Employee’s always being available for increased demand.
The SFA Capacity chart above accounts for the current work load; the excess capacity shown is capacity to perform plan check services above and beyond the current work load to provide additional plan review services to the City.
2.10.14 Tracking Turnaround Times
SFA will meet or exceed the City’s expectations for turnaround times. First reviews will be done in ten (10) working days and rechecks in five (5) working days. Monthly statistics are provided each month with the invoices showing which projects were completed during the preceding month.
Additional reports are available as requested by the City. Any additional duties requested by the City such as Preliminary Discretionary Reviews would meet the agreed upon expectations of the City.
SFA has worked with its clients on numerous projects which have required preliminary meetings, condensed schedules, phased reviews, and tight goals on permit issuance deadlines.
A Daily Turnaround Report is run and reviewed by management to verify that all deadlines are being met or exceeded.
As shown in the following chart, SFA has performed over 33,000 reviews in the previous 4 years, during that time 38% of the reviews have been completed prior to the committed due date, 62% on the due date and 0% late. SFA’s commitment to its clients to deliver plan review services on time is unparalleled.
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34 2.10.15 SFA’s Customer Service
SFA prides itself on providing top notch Customer Service. This starts with providing plan reviews that are consistent, technically thorough, competent, clearly communicated, constructive and timely.
From start to finish, due dates are transparent and the plan check engineers are available to discuss and clarify any questions in a professional and courteous manner once the marked-up plans are received by the Applicant through the City. Plan review comments on marked-up plans are a critical component of plan review in order to minimize the number of rechecks and maximize applicant satisfaction. When the plan check engineers see solutions, they will articulate suggestions. Plan Check Engineers at SFA have the goal of moving each project as quickly as possible through to approval while achieving code compliance. SFA makes every effort to accommodate final completion of approved plans within the first three plan checks.
2.10.16 SFA’s Past Performances
SFA has been providing plan review for projects of similar scope for type and complexity as referenced in our experience section of this Proposal. SFA has numerous other client cities in Orange, L.A., Ventura, San Bernardino, Riverside and San Diego Counties in which they contract for same services as for City of Garden Grove. In addition to illustrating similar plan review services through SFA’s project experience provided in the Relevant Experience and Reference Section of this Proposal, we have had the privilege of providing the exact scope of services requested in the RFP for the City of Garden Grove over recent years. We have worked with senior City personnel on many unique projects such as the City’s Civic Center Revitalization Project as well as tailoring services to evolving City protocols and policies, so that the services provided are synchronized with the City’s processing and interpretation expectations. SFA has adapted to the City’s processing goals to achieve approval for permit issuance within 3 reviews which in some cases involves deferred submittals and notes added to plans. This has been accomplished on a high degree of projects and has always been coordinated and communicated on with City staff.
Additionally, we have amended our plan review format to provide mark-ups on plans consistent with the format requested by senior City staff liaisons.
SFA provides the additional service of doing Preliminary Discretionary Reviews of projects prior to reaching the building plan check submittal stage. These are reviewed without charge. This assists Building and Planning on “conditioning” PCC projects and flagging critical “red flag” items that could have a major impact on the project design or scope if unresolved at an early stage. 875
35 3 CLIENT REFERENCES
References are provided below to show our experience with other public agencies where we do plan review. Additional references are available upon request.
Agency: CITY OF ANAHEIM
200 S. Anaheim Boulevard, Ste. 145
Anaheim, CA 92805
Reference: Scott Beery, Building Official
(714) 765-4130
email address: [email protected]
Service: Plan Review
Agency: CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
Reference: Mariam Madjlessi, Building Official
(714) 573-3109
email address: [email protected]
Service: Plan Review
Agency: CITY OF LAKE ELSINORE
130 S. Main Street
Lake Elsinore, CA 92530
Reference: Bill Belvin, Building Official
(951) 674-3124 ext #286 or (951) 848-0469
email address: [email protected]
Service: Plan Review
Agency: CITY OF BEAUMONT
550 E. 6th Street
Beaumont, CA 92223
Reference: Sara Retmier, Building Official
(951) 769-8517
email address: [email protected]
Service: Plan Review
Agency: CITY OF DESERT HOT SPRINGS
65950 Pierson Boulevard
Desert Hot Springs, CA 92240
Reference: Travis Clark, Community Development Director (760) 329-6411 ext #240
email address: [email protected]
Service: Plan Review
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36 Agency: CITY OF ARCADIA
240 West Huntington Drive
Arcadia, CA 91007
Reference: Ken Fields, Building Official
(626) 574-5420
email address: [email protected]
Service: Plan Review
Agency: CITY OF COSTA MESA
77 Fair Drive
Costa Mesa, CA 92626
Reference: Charles Chamoun, Plan Check Manager
(714) 754-5614
email address: [email protected]
Service: Plan Review
Agency: CITY OF WHITTIER
13230 Penn Street, 2nd Floor
Reference: Adam Tekunoff, Building Official
Whittier, CA 90202
(562) 567-9331
email address: [email protected]
Service: Plan Review
Agency: CITY OF PARAMOUNT
16400 Colorado Avenue
Paramount, CA 90723
Reference: John King, Planning and Building Director
(562) 220-2049
email address: [email protected]
Service: Plan Review & Building Official
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37 4 COMPENSATION
4.1 Fees
SFA proposes to charge plan review fees based on a percentage of the City Plan Review Fees established by the City’s Fee Ordinance. The project valuations assumed are based on the most current Valuation Data Chart published by the International Code Council. The percentage fees are scaled based on valuation as follows:
Project Valuation % of City P.C. Fee
Up to $1 million 70%
Greater than $1 million 60%
Greater than $10 to $50 million 50%
Greater than $50 Million to $200 Million 40%
Greater than $200 Million 35%
Expedited Reviews would be provided at 125% of the regular plan review fee. This however, would only apply when the City selects this option.
4.2 Classification/Hourly Rates
SFA will charge hourly for any recheck after the 3rd. SFA does not charge for administrative costs. Deferred submittals, field revisions or scope not covered by the initial plan review are charged at a rate of $140/hour.
All Plan Checkers will be charged at the same hourly rate.
SFA will meet or exceed the City’s expectations for turnaround time. The Table on the next pages gives turnaround times but most projects will be scheduled with a maximum 10 working days for initial review and re-checks in 5 working days. Revisions or deferred submittals will be reviewed in 5 business days.
Expedited reviews will be done when requested by the City’s Building Official in seven (7) business days for initial and five (5) business days or sooner for recheck. Unusually large or complex projects would be as agreed upon in advance with the City’s Building Official.
SFA has worked with its clients on numerous projects which have required preliminary meetings, condensed schedules, phased reviews, and tight goals on permit issuance deadlines. 878
38 4.3 Turn Around Times
TYPE OF JOB TURN AROUND TIME
FIRST CHECK
TURN AROUND TIME RECHECK
Residential:
New Construction 10 Working days 5 Working days
Addition 10 Working days 5 Working days
Remodel 10 Working days 5 Working days
Non-Residential
New Construction 10 Working Days 5 Working days
Addition 10 Working Days 5 Working days
Remodel 10 Working Days 5 Working days
A Daily Turnaround Report is run and reviewed by management to verify that all deadlines are being met or exceeded.
4.4 Sample Invoice
As requested in the RFP, a sample Invoice has been provided and follows this page. 879
Invoice
DATE INVOICE #
February 28, 2026 #23516