Active SLED Opportunity · CALIFORNIA · CITY OF VICTORVILLE
AI Summary
City of Victorville seeks bids for construction of a 1-million-gallon prestressed concrete reclaimed water reservoir at SCLA, including site work, piping, pump station, and environmental compliance. Mandatory pre-bid meeting on April 28, 2026. Bid due June 23, 2026.
The Project consists of constructing a new 1-million-gallon (MG) prestressed concrete circular reclaimed water reservoir at Southern California Logistics Airport (SCLA), located east of Westwinds Road and south of Montana Street (APN 0459-211-16) within the City of Victorville.
The new reservoir will replace the existing 600,000-gallon in-ground rubber-lined pond used for reclaimed water storage. Because the pond is open to the atmosphere, it is susceptible to algae growth and debris accumulation, making it difficult to maintain water quality. The pond also experiences significant evaporation losses in this desert environment. Upon completion of the new reservoir, the existing pond and associated pumps, onsite piping, valves, and appurtenances will be decommissioned, removed, backfilled as necessary, and abandoned, thereby improving system reliability, operational efficiency, and overall water quality.
The Project includes approximately 350 linear feet of onsite piping; approximately 1,380 linear feet of potable water main extension from George Boulevard and South Carolina Avenue to the project site; and construction of a new pump station. The pump station will include a prefabricated steel building to be furnished, fabricated, and delivered by the Contractor; installation of pumps, motors, valves, controls, instrumentation, mechanical and electrical systems; and a new electrical service. The reservoir will be supplied by existing 24-inch and 16-inch recycled water mains and will convey recycled water through the proposed pump station to the adjacent elevated tank serving the City’s recycled water distribution system. A proposed 12-inch potable water main extension will serve as a backup supply to the reservoir.
The prestressed concrete reservoir will have an approximate diameter of 75 feet and a height of approximately 34 feet, with approximately 20 feet below existing grade. The reservoir shall be delivered under a unified design-build responsibility by a single qualified specialty subcontractor experienced in both the design and construction of prestressed concrete reservoirs. The Contractor shall retain this firm as a specialty subcontractor responsible for both design and construction of the reservoir. Separate design and construction responsibilities will not be permitted to minimize coordination risks and potential liability disputes.
The Contractor shall be responsible for all site preparation, excavation, foundations, underground piping connections, coordination with the design-build subcontractor, scheduling, shop drawing preparation and review, and overall construction management necessary to provide a complete and operational reservoir system. The total area of disturbance, including trenching, footings, and construction staging, will be approximately 85 feet in diameter. A retaining wall between approximately 6 and 8 feet in height may be constructed for slope stability, if required. Overflow connections from the proposed reservoir and existing elevated tank will be rerouted to the adjacent sanitary sewer system via a proposed drainage structure.
All associated site work, including trenching, excavation, backfill, grading, fencing, security improvements, and appurtenant facilities necessary to provide a complete and operational reclaimed water storage facility, are included in the Work. The Work shall also include all required environmental tasks, including preconstruction surveys, construction monitoring, environmental compliance activities, and the excavation, handling, transportation, and delivery of pesticide-contaminated soil to an approved local soil recycling facility for recycling.
SCOPE OF WORK
The Work shall consist of furnishing all labor, materials, equipment, and incidentals necessary to construct a new 1-million-gallon (MG) prestressed concrete circular reclaimed water reservoir and associated facilities at Southern California Logistics Airport (SCLA), located east of Westwinds Road and south of Montana Street (APN 0459-211-16) within the City of Victorville.
The Work includes, but is not limited to, the following:
RESERVOIR DESIGN AND CONSTRUCTION (SPECIALTY SUBCONTRACTOR)
The prestressed concrete reservoir shall be designed and constructed by a single qualified specialty subcontractor experienced in the design and construction of prestressed concrete reservoirs. The Contractor shall retain this firm and coordinate its work as part of the overall Project.
Work performed by the specialty subcontractor shall include:
WORK BY THE CONTRACTOR
The Contractor shall be responsible for all other work required to construct a complete and operational facility, including but not limited to:
ENVIRONMENTAL COMPLIANCE AND MONITORING
The Contractor shall be responsible for complying with all applicable environmental regulations, permit conditions, and mitigation requirements associated with the Project.
The Contractor shall retain qualified environmental professionals to perform all required environmental tasks, including but not limited to:
The work shall also include the excavation, handling, transportation, and delivery of pesticide-contaminated soil to an approved local soil recycling facility for recycling in accordance with the requirements specified in the Contract Documents.
The City's eProcurement Portal Clock is the official timekeeper for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as a poor internet connection. The District strongly recommends completing your response well ahead of the deadline. Bidders take full responsibility for the District's receipt of its bid. Section 6 Bid Submittal Forms shall be acknowledged or submitted along with the proposed bid.
Project Documents pertaining to this Project solicitation are available at the City’s eProcurement Portal. Only those who download Project Documents from the portal will be included in a plan holders/followers list and may receive notices such as revisions to the plans or addenda.
The Victorville Water District (hereinafter referred to as “District”), a subsidiary district of the City of Victorville (hereinafter referred to as “City”) is accepting quotes from a contractor to complete and other related work for 1MG SCLA Reclaimed Water Reservoir 2, MS26-111; the work shall include materials, labor, tools, finishing, clean up, and incidentals required for the proper completion of the work.
Prospective Contractors desiring an explanation or interpretation of this solicitation, plans, specifications, etc., must request it in writing via the City's eProcurement Portal Question and Answer feature no later than 2:00 pm, PST on Monday, June 1, 2026 in order to allow a reply to reach all prospective Bidders before the submission of their bids. Oral explanations or instructions given before the award of a Contract will not be binding. Any information given a prospective Contractor concerning this solicitation will be furnished promptly to all prospective Contractors as an addendum to the solicitation if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Contractors.
PLEASE NOTE: Oral explanations and instructions, or written explanations given by personnel other than purchasing are not valid and will not be binding.
The Victorville Water District (“District”) a subsidiary district of the City of Victorville ("City") will accept sealed bids for the above-referenced Project via the City's eProcurement Portal until '2:00 pm, PST on 'Tuesday, June 23, 2026, at which time the bids will be publicly opened and the bids received will be available for viewing.
Time being of the essence, the work under this contract shall be diligently prosecuted and begin work by the date specified in the District's Notice to Proceed informing the contractor that the contract has been awarded and shall diligently prosecute the work so that all the work shall be completed before the expiration of THREE HUNDRED FIFTY (350) WORKING DAYS, including the specified starting date.
The District may issue Addenda to the Project Documents during the period of advertisement for any reason. Addenda may be issued to answer pre-bid questions and/or to clarify or make any corrections in this solicitation. Contractors are encouraged to check the City's eProcurement Portal for released addenda frequently. Contractors not registered will not receive notifications of released addenda. Contractors must acknowledge the addenda via the City's eProcurement Portal.
Bids must be accompanied by a Bidder's Bond in the form of a certified or cashier's check or Corporate Surety Bond in amounts not less than ten percent (10%) of the bid submitted amount. Bidder's Bond must have Notary acknowledgement for both the Bidder/Principal and the Attorney in Fact. Please scan and upload a copy of your bid bond or cashier's check as a part of your bid submission. In addition, Bidders are required to MAIL the original bid guarantee which must be POSTMARKED within (48) forty-eight hours after the bid submission due date.
The Bidder's Bond must be mailed/delivered to the following address:
Victorville Water District
14343 Civic Drive
Victorville, CA 92392
Attn: Finance Dept/Purchasing Division
Please have the Bidder Name, Project ID Number and Title listed clearly on the outside of the envelope.
Upon contract award, the successful Bidder must also furnish to the District Faithful Performance and Payment bonds, each in an amount equal to one hundred percent (100%) of the total Contract Price awarded. Bonds must be submitted using the forms contained in the Contract Documents and must be issued by a California admitted surety insurer with an AM Best Rating of A: VII or higher.
All Contractors shall be licensed as a contractor at the time of submitting a Bid Proposal in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The successful Bidder must hold a valid California Contractor’s License A. Any Bid submitted which does not comply with the provisions of this Section will be considered nonresponsive and be rejected.
Pursuant to Labor Code Section 1773, the District has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of the California Department of Industrial Relations (“DIR”) for each craft, classification, or type of worker needed to perform the work required under a contract awarded for this project. A copy of these prevailing wage rates is available at the City’s Finance Department/Purchasing Division, City Hall, 14343 Civic Drive, Victorville, CA 92393 and shall be made available to interested parties upon request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. It shall be mandatory upon the Bidder to whom the contract is awarded, and upon any subcontractors, to comply with all provisions set forth in Chapter 1, Part 7, Division 2 of the Labor Code, commencing with Section 1720, which include but are not limited to, the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors.
Contractor shall be solely responsible for using the correct wage determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code (1720-1720.9, 1770-1776, 1810, 1813, and 1815, as amended), California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
AB219 (as applicable) adds Section 1720.9 to the Labor Code the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency and subdivision of the state Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services.
Effective September 1, 2020, ready-mix concrete companies will be required to submit payroll online to DIR using its electronic certified payroll reporting system. Please note that this requirement applies only to the certified payroll records required by section 1776(a) of the Labor Code. The separate written time records certified by ready-mix drivers do not need to be uploaded into the electronic certified payroll report system and are only required to be submitted to the Labor Commissioner’s Office upon request.
Assembly Bill 219 governs concrete delivery on public works projects and became effective on July 1, 2016. The amendments added new section 1720.9 to the Labor Code, which provides:
The Contractor and all subcontractors shall comply with all State laws, regulations, and guidelines required in the performance of the contract. Copies of the updated rates are available to any interested party, by visiting https://services.dir.ca.gov/pw for State of California. Additionally, copies of the State prevailing rate of per diem wages and are on file at the City of Victorville Finance Department, Purchasing Division, and shall be made available for review to any interested party on request.
A MANDATORY pre-bid meeting and job walk has been scheduled for all prospective contractors. The meeting will be held on Tuesday, April 28, 2026, at 10:30am PST, at SCLAA Main Conference Room located at 18374 Phantom W., Victorville, Ca., 92394. Prospective contractors are encouraged to address questions, problems, and other issues regarding this project at this meeting. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Mandatory job walk to follow.
A bid received from a Contractor who is not represented by a duly authorized agent at the pre-bid meeting and job walk shall be considered non-responsive and rejected from further contract award consideration.
Contractors and subcontractors on all public works projects awarded on or after April 1, 2015, must use this system to furnish certified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information, please go to www.dir.ca.gov/Public-Works/SupportCenter.html. A copy of proof of payroll submission is required with each invoice to the District along with copies of Certified Payrolls.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).
All public works contracts valued at $30,000 or more carry an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors and subcontractors on a project, even if their part of the project is less than $30,000.
The Contractor shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works projects. Prior to commencing work on a contract for public works, contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public works. Contractor and subcontractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at http://www.leginfo.legislature.ca.gov/).
Pursuant to Labor Code Section 1771.1, the District may not accept a Bid Proposal from or enter into a Contract with any Contractor, without proof that the Contractor and its prospective subcontractors are registered with the DIR to perform public work pursuant to Labor Code Section 1725.5, subject to limited legal exceptions. This project is subject to compliance monitoring and enforcement by the DIR and the submission of electronic certified payroll records to the California Labor Commissioner in the manner set forth in Labor Code Section 1771.4.
Prior to submitting a Bid, Bidder shall visit the Project Site and analyze the contents of the solicitation and Contract Documents in their entirety to satisfy itself that it has the abilities and resources to complete the Work. Prospective contractors may visit the Project Site without making arrangements through the District. Prospective contractors are encouraged to address questions, problems, and other issues regarding this Project. The contractor agrees that if it is awarded the Contract, no claim will be made against the District based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the Work, and/or the physical or climatic conditions of the Project Site.
All Bidders shall be licensed as a contractor at the time of submitting a Bid Proposal in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The successful Bidder must hold a valid California Contractor’s License "A". Any Bid submitted which does not comply with the provisions of this Section will be considered nonresponsive and be rejected.
Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of the California Department of Industrial Relations (“DIR”) for each craft, classification, or type of worker needed to perform the work required under a contract awarded for this Project. A copy of these prevailing wage rates is available at the City’s Finance Department/Purchasing Division, 2nd Floor, City Hall, 14343 Civic Drive, Victorville, CA 92393 and shall be made available to interested parties upon request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. It shall be mandatory upon the Bidder to whom the contract is awarded, and upon any subcontractors, to comply with all provisions set forth in Chapter 1, Part 7, Division 2 of the Labor Code, commencing with Section 1720, which include but are not limited to, the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors.
The Bid Proposal forms are included in Section 6 of this bid package and must be completed in the manner specified therein and signed in blue or black ink before they are sealed and submitted. Bids are required for the entire Work. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item in the Section 5 Pricing Proposal, are to be included in the cost of the related line item(s) and no additional compensation shall be due to Contractor for the performance of the Work. The amount of the bid for comparison purposes will be the sum of all the subtotals of each of the Bid Schedules. The Bid Proposal Documents must be fully completed without interlineations, alterations, or erasures. Alteration of the proposal forms is prohibited. Any necessary corrections must be clear and legible and must be initialed by the Bidder or its authorized representative. Additional instructions accompany Bid Proposal forms in Section 6. Failure to properly complete the Bid Proposal forms may result in rejection of the Bid as nonresponsive.
The Contractor shall pay the District the sum of $2,000.00 for each and every calendar day delay in finishing the work as outlined in the Scope in excess of the THREE HUNDRED FIFTY (350) WORKING DAYS specified below as Liquidated Damages. The District withholds liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work.
Valid CARB Certificates of Reported Compliance as described in California Code of Regulations, title 13, Section 2449(n) for fleets of vehicles subject to 13 CCR section 2449 are required for this Project.
Bid Proposal submission must include all the Required Bid Documents and Proposal Forms and be accompanied by a certified or cashier’s check, or by a corporate surety bond (Bidder’s Bond) on the form included therein. Such check or Bidder’s Bond is the Bidder’s guarantee that he/she/it shall, if an award is made in accordance with the terms of his/her/its Bid Proposal, promptly secure the insurance and endorsements, Faithful Performance and Payment Bonds and Guaranty required by the Contract Documents and execute a Contract for the work on the required forms (see sample forms in Section E of the Contract Documents “Contract, Bond and Guaranty Forms”). Said check or bidder’s bond shall be in an amount not less than ten percent (10%) of the total amount of the Bid Proposal.
The Faithful Performance and Payment Bonds shall be for amounts not less than one hundred percent (100%) of the total amount of the Bid Proposal price named in the Contract. Bonds shall be issued by responsible corporate sureties, licensed, and authorized to issue surety bonds in California. The City reserves the right to reject any bond if, in the opinion of the Director of Public Works and Water, the Surety’s acknowledgement is not in the form included in the Contract Documents or in another form substantially as prescribed by law.
The successful Bidder shall also execute a Guaranty Form to warranty the work done and material provided for the period of one (1) year to ensure the Contractor repairs or replaces any defective or faulty work or materials.
The Bid Guaranties accompanying the Bid Proposals of the first, second and third lowest responsive and responsible bidders will be retained by the District until a Contract has been fully executed or all bids have been rejected. Thereafter, those Bid Guaranties, except bidder’s bonds and any guaranties which have been forfeited, will be returned to the respective bidders whose bids they accompanied. The Bid Guaranties submitted by all other unsuccessful bidders will be returned upon the District’s determination of the first, second, and third lowest responsive and responsible bidders.
Any Bid may be withdrawn by the Bidder at any time prior to the bid opening date and time specified in the Notice of Inviting Bids, as such may be extended by District-issued addenda. Bids may be withdrawn via the City's eProcurement Portal. A Bid withdrawal does not prejudice the right of the Bidder to resubmit a Bid prior to the bid opening date and time.
Pursuant to the provisions of Public Contract Code Sections 5100 to 5110, a Bidder may be relieved of its Bid by the District for mistake. If the Bidder claims a mistake was made in the bid presented, the Bidder shall give the District written notice within five (5) Business Days after the date of opening of the Bids of the alleged mistake, which notice specifies in detail how the mistake occurred. Should the District determine that a Bidder mistake occurred, the Bidder shall be relieved from its bid and shall not forfeit its bid security. Pursuant to Section 5105 of the Public Contract Code, a Bidder who claims a mistake shall be prohibited from participating in further bidding on the Project for which the mistake was claimed.
In accordance with the provisions of Sections 4100 through 4113, inclusive, of the California Public Contract Code (“Subletting and Subcontracting Fair Practices Act”), each Bidder shall submit with his/her/its Bid Proposal on the List of Subcontractors form included in Section 6 of the Contract Documents: the name and location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid (or in the case of the construction of streets, highways and bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater); and shall state the portion (type) and percentage of the total contract work which will be done by each such subcontractor. If no subcontractor is listed for a portion of the work, then the Contractor is required to perform that portion with his own forces.
The List of Subcontractors form must be completed in its entirety and submitted as part of Bidder’s Bid Proposal, together with all other Required Bid Documents and Proposal Forms. If there are no subcontractors, the form shall be submitted with “None” stated thereon.
The Contractor shall perform with its own organization contract work amounting to not less than twenty percent (20%) of the total original contract price. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the amount of work required to be performed by the Contractor’s own organization.
The District reserves the right to reject any or all Bid Proposals and waive any immaterial irregularities or informalities in any Bid Proposal or in the bidding. The District further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the District
The award of a construction contract, if one is to be awarded, shall be made within Forty-five (45) calendar days of the date specified for publicly opening Bid Proposals, unless otherwise specified herein. Award of a construction contract, if an award is made, shall be to the lowest responsible bidder whose Bid Proposal conforms to the Contract Documents. For the purposes of evaluating the lowest Bid Proposal price and selecting the lowest bidder, the lowest Bid Proposal price shall be the lowest total of the summation of all individual line items on the Bid Proposal Forms.
The Bidder’s signature on the Bid Proposal Forms shall constitute a commitment on the part of the Bidder to furnish the equipment, materials, supplies, and labor required to perform the contemplated work, for the amount set forth on the Bid Proposal Price Schedules contained therein, and in accordance with all the required provisions of the Contract Documents. The Bidder to whom the contract is awarded shall be notified in writing upon approval of the award by the District Board.
A construction Contract shall be signed by the successful Bidder and returned, together with the contract bonds (Faithful Performance and Payment Bond), proof of required insurance coverage and endorsements, and a copy of the Bidder’s City of Victorville Business License within ten (10) Business Days after the Bidder has received the Contract for execution.
Following award, the failure of the lowest responsive and responsible Bidder, the second lowest responsive and responsible Bidder, or the third lowest responsive and responsible Bidder to timely execute the Contract, and provide the items set forth in the Instructions to Bidders, shall result in the forfeiture of such Bidder’s Bid Proposal guaranty. The successful bidder may file with the District a written notice, signed by the bidder or the bidder’s authorized representative, specifying that the bidder will refuse to execute the Contract if it is presented. The filing of this notice shall have the same force and effect as the failure of the bidder to execute the Contract and furnish acceptable bonds, proof of insurance coverage and endorsements, and a City business license within the time hereinbefore prescribed.
The District reserves the right to reject any or all bids and waive any immaterial irregularities or informalities in any bid or in the bidding. Award of contract, if any, shall be made to the lowest responsible bidder whose Bid complies with the specified requirements.
The District hereby notifies all bidders that it will affirmatively ensure that, in any Contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration of award.
COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance, of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than Five Million Dollars ($5,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
POLLUTION LIABILITY
Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $5,000,000 per claim or occurrence and $10,000,000 aggregate per policy period of one year.
COURSE OF CONSTRUCTION/INLAND MARINE
Completed Value of the Work including owned, leased, and rented equipment. This insurance shall include the interest of the District, its officers, officials, employees, agents, and volunteers. Contractor and Subcontractors and will cover their Work at the site and all materials, supplies, equipment, machinery and apparatus entering into the construction of the Work site.
INSTALLATION FLOATER
“Installation Floater” coverage with limits sufficient to insure the full replacement value of any property of equipment stored either on or off the project site that provides property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the contract work, including during transit, installation, and testing at the project site. Such coverage shall name the City of Victorville and Victorville Water District as a loss payee as its interest may appear.
ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City, District and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, District, and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the District Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City and District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, District, and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, District, and its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Except for such claims as defined in and covered by California Public Contract Code Section 9204 (“Section 9204”), which are subject to the procedures set out in therein (the full text of Section 9204 is set forth below), any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof, shall be settled in the manner set forth in the executed Contract, or if not specified therein, by the following process:
California Public Contract Code Section 9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the District, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the District, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the District, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the District, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the District, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the District, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the District, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;
(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. District will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification provisions provided for herein from all Subcontractors.
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
In the event either party fails to perform its obligations hereunder, the non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Contract. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Contract shall be the property of the District and shall be delivered to the District upon request of the Director of Public Works and Water or his designee or upon the termination of this Contract, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by the District of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to the District of any documents or materials prepared by them, and in the event, Contractor fails to secure such assignment, Contractor shall indemnify the District for all damages resulting there from.
Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Contract for the work to be performed will be permitted at the request and expense of the successful bidder.
On or about the first of each calendar month, the Contractor shall request payment for the work performed prior to such date. Each payment request shall be accompanied by the updated progress schedule indicating progress achieved to that date.
Upon approval by the Director of Public Works and Water, or his/her designee, of the Contractor's estimate of work completed, the District will make a progress payment to the Contractor equal in amount to the approved estimate less a retention of five (5) percent and less the total of all previous payments. Retention held will be released 45 days after the Notice of Completion has been accepted by the City Council.
In preparing estimates, the material delivered on the site, preparatory work done, and the cost of bonds and insurance paid may be taken into consideration.
The making of any payment to the Contractor under this Contract shall not relieve the Contractor of its obligation hereunder. The Contractor is obligated to complete the Contract in its entirety and to deliver to the District such completed work, finished product or structure as is specified in the Contract, at the time or times specified, and until this Contract is fully performed by the Contractor and the work, product, or structure produced thereby is accepted by the District, the Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed work or structure, or any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen, or otherwise injured in any way; provided, however, that with respect to any major unit of the type mentioned in this section, this particular obligation of the Contractor will terminate upon the completion of the Contract and acceptance by the District of such major unit, and provided further that all work, any structure, materials, and equipment covered by any partial payment is made.
When a "Stop Notice" is served upon the District, pursuant to the lien statutes of the State of California, to withhold sufficient funds from payments to the Contractor in support of a claim resulting from default by the Contractor in payment for labor or materials used in the execution of this Contract, the District will withhold from payments due the Contractor, an amount of money equal to the amount of the claim stated in the "Stop Notice," and an additional amount equal to twenty-five percent (25%) of the amount of said claim to defray any costs of litigation in the event of court action on the claim, for a total withholding of one and one-quarter (1¼) times in the stated amount of the claim.
The Contractor will be required, in requests for payment, to certify, under penalty of perjury, the following:
The Contractor warrants and guarantees that title to all work, materials and equipment covered by an application for payment will pass to the District upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances - hereinafter referred to in this section as "liens".
PROOF OF PAYROLL AND LIEN RELEASES - The District shall make payments on any properly completed payment request submitted by the Contractor. Contractor and subcontractors on all public works projects must use the Department of Industrial Relations Electronic Certified Payroll Reporting system to furnish certified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information, please go to www.dir.ca.gov under Labor Law Public Works.
Proof of Payroll submissions, copy of Certified Payrolls, and appropriate Lien Releases are required with each invoice to the District. Payment of the invoice may be delayed when Proofs of Payroll submissions and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
The Bidder shall call Underground Service Alert (USA) at (800) 422-4133, two (2) working days in advance of beginning work so they can mark utilities. Whenever the improvement requires the relocation or replacement of an existing utility under the Contract, this information will be shown on the Plans. Unless this notation is shown on the Plans, the Bidder shall assume that the utility is to remain in place or be relocated or replaced by others.
The Bidder is responsible for the protection of any utilities and for any damage to any such utility during the prosecution of the work. Any damage to a utility shall be repaired to the satisfaction of the organization owning the facility. The District reserves the right, if so, requested by the owning utility, to permit the owning utility to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Bidder.
The District encourages innovative approaches to recycling, reuse, or salvage. The City is mandated by the State of California to implement programs to reduce the amount of waste sent to landfill by 50% by the year 2000 and beyond. In addition, the Victorville Municipal Code (Title 6—Health and Sanitation, Chapters 6.36 and 6.37 require the separation of designated materials for recycling. Contractors performing work for the District will be required to comply with all waste recycling and diversion laws.
Construction and Demolition Material Recycling:
The 2019 California Green Building Standards Code (CalGreen) Sections 4.408 and 5.408 and the City Development Code (Title 16, Chapter 5, Article 11) and subsequent updates require all building permit applicants to develop and submit a Construction Waste Management Plan. Current CalGreen standards currently require that 65% of non-hazardous construction waste be diverted from landfill. In addition, construction projects that include land clearing activities are required to divert 100% of trees, stumps, rocks, and associated vegetation and soils resulting primarily from land clearing.
In order to comply with this State mandate, the District requires all contractors that are bidding on construction and/or demolition projects which require permits to fill out the attached “Construction/Demolition Waste Recycling Plan”. The plan outlines how the contractor will divert 65% of waste material from the landfill in order to achieve the State goal. At a minimum, contractors must divert scrap metal, concrete, asphalt, green waste/vegetation materials, non-hazardous wood waste, and soil.
The successful contractor will also be required to complete and submit the attached “Summary Waste Disposal and Diversion Report” (SWDDR) at the end of the project. Weight slips documenting actual amounts disposed and diverted must accompany the SWDDR. The SWDDR must be completed at the conclusion of the project and must be submitted to the contract administrator before final payment will be made.
Recycling and Organic Waste Material Diversion Requirements: CA State Law SB 1383 and Victorville Municipal Code Title 6 (Health and Sanitation), Chapters 6.36 and 6.37 mandate the diversion of organic materials and other designated recyclable materials from landfill. Organic materials include vegetation (tree trimmings, leaves, grass clippings, weeds, brush, etc.) as well as non-hazardous wood waste. Contractors are required to comply with waste diversion/recycling mandates and must implement procedures to properly separate all waste materials and participate in City waste diversion programs. Contractors who need information on local scrap metal recyclers, asphalt and concrete recyclers, or organic material (vegetation/wood) recyclers should contact the City Environmental Programs Division at (760) 955-8615.
Contractor shall not hire or employ any person to perform work within the District or allow any person to perform work required under this Contract unless such person is properly documented and legally entitled to be employed within the United States.
The Bidder shall comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Construction Site Maintenance and Trash Containment
There shall be containment of trash, rubbish and debris on a routine, continuous basis for each construction site, and there shall be no loose materials permitted to accumulate on the sites or to be carried away by wind or water. The Building Official shall have the authority to require additional dust, trash or water run-off measures if necessary, to protect life or property.
The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work in order to secure the safety of the workmen, the quality of work required, and the stipulated rate of progress. It shall be the Contractor's responsibility to perform the work strictly in accordance with the Specifications and original contract drawings and any revisions as may be made therein by the Director of Public Works and Water, or his designee, from time to time in the form of revised contract drawings or written change orders issued.
The Contractor shall assume the defense of and indemnify and save harmless the District from all claims of any kind arising from its own negligence or that of its agents in the performance of the contract.
The Contractor shall be responsible for the custody of any material furnished for the care of all the work until its completion and final acceptance, and Contractor shall, at Contractor's own expense, replace damaged or lost material and repair damaged parts of the work, or the same may be done at Contractor's expense by the District.
During the progress of the work, the Contractor shall keep the premises, occupied by, in a neat and clean condition, and free from any unsightly accumulation of rubbish. Contractor shall remove from the vicinity of the completed work all plant, building, rubbish, unused materials, concrete forms, and equipment belonging to Contractor or used under Contractor's direction during construction, and in the event of failure to do so, the same may be removed by the District at the expense of the Contractor.
Should the contractors need to use a privately owned property to store, stage, or operate equipment from a property that is not the subject of the actual demolition, the Contractor shall be responsible to secure permission from property owner to use such property and shall be responsible to ensure the property is free of debris or alterations upon demolition completion. Such requirement to secure owner permission shall not be needed if the City’s Code Enforcement Officer secures a court order which explicitly allows for such occupancy or activity on the specified parcel.
When delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in this section. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor, required extra work, or other specific events as may be further described.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnished documentary proof to the Director of Public Works and Water or his designee of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.
When delays, beyond the Contractor's control, are caused by events other than those mentioned above, but substantially equal in gravity to those enumerated, and an extension of time is deemed by the Director of Public Works and Water or his designee to be in the best interest of the District, an extension of time may be granted, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in this section.
When delays, beyond the Contractor's control, are caused solely by action or inaction by the District, such delays will entitle the Contractor to an extension of time as provided in this section.
Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did or will delay the progress of the work.
The Contractor will be compensated for damages incurred due to delays for which the District is responsible if such delays are unreasonable in the circumstances involved and were not within the contemplation of the parties when the Contract was awarded to the Contractor. Such actual costs will be determined by the Director of Public Works and Water or his designee. The District will not be liable for, and in making this determination, the Director of Public Works and Water or his designee will exclude all damages which the Director of Public Works and Water or his designee determines the Contractor could have avoided by any reasonable means including, without limitation, the judicious handling of forces, equipment, or site.
If the Contractor desires payment for a delay, or damages, or an extension of time, as specified in this section, the Contractor shall, within two (2) days after the beginning of the delay/damages, file with the District a written request and report as to the cause and extent of the delay and an itemized request for payment, if applicable. Failure, by the Contractor to file these items within the times specified, will be considered grounds for refusal by the District to consider such request.
The Contractor and all subcontractors shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Sections 8350 et seq.).
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and be made upon request, unless otherwise marked. The Bidder must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Bidder claims are exempt from disclosure pursuant to the California Public Records Act.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the “EO”) regarding economic sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
As a contractor/consultant submitting a bid/proposal to perform work or provide services on a State grant-funded project, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website at https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions.
By submitting a bid/proposal, contractor/consultant represents that it is not a target of economic sanctions. Should it be determined that contractor/consultant is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the contractor/consultant’s bid/proposal at any time prior to agreement/contract execution, or, if determined after execution, shall be grounds for termination of said agreement/contract.
This Project is subject to the regulation(s) of the California Air Resources Board (“CARB”) listed in this Section. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all equipment and vehicle emission requirements under applicable law in its Bid.
Advanced Clean Fleets
Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the CARB Advanced Clean Fleets (“ACF”) regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
Each Bidder shall submit with its Bid a valid CARB certificate of reported compliance with ACF for its fleet and its TRUCRS ID (Fleet Identification Number). Bidders utilizing subcontractors shall further provide a valid certificate of reported compliance for each subcontractor listed on the List of Subcontractors Form and include the TRUCRS ID number for each subcontractor in the space provided on said form. Unless exempt, all Bidders and their respective subcontractors must be registered as ACF compliant fleets at the time of bid submittal.
In the event that a Bidder and/or its subcontractors are exempt from the ACF regulations, the Bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation (Title 13, Sections 2015 through 2015.6 of the California Code of Regulations (“CCR”)) and the State and Local Government Fleets Regulation (Title 13, Sections 2013 through 2013.4 of the CCR). Each Bidder shall also submit signed statements from each of its subcontractors who are claiming exemption from the ACF regulations.
Failure to certify as a compliant fleet or provide an attestation to an exemption may render the bid non-responsive.
In-Use Off-Road Diesel-Fueled Fleets
Effective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (Title 13 California Code of Regulations (“CCR”) Section 2449 et seq., the “Off-Road Regulation”) which apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). A copy of the Off-Road Regulation may be obtained by visiting: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/froa-1.pdf.
Bidders are required to comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off-Road Regulation (as codified 13 CCR Section 2449 et seq.) throughout the term of the Project.
The City of Victorville is a Public Works Awarding Body, as that term is defined in 13 CCR Section 2449(c)(46). Accordingly, Bidders must submit with their Bids, valid Certificates of Reported Compliance issued by CARB (“CRCs”) for the Bidder’s fleet, and for the fleets of any subcontractors listed on List of Subcontractors Form. Bidders must also:
Contractor shall comply with and ensure that all its subcontractors comply with all applicable requirements of the CARB regulations in Title 13, Division 3, of the California Code of Regulations, including without limitation, all applicable provisions of Chapter 9, as such may be amended from time to time.
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet(s), including without limitation, CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep, or maintain pursuant to CARB regulations upon two (2) calendar days’ notice from the District.
Contractor shall be solely liable for any and all costs associated with complying with the regulations as well as for any and all penalties, fines, damages, or costs associated with any violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the District, its elected and appointed officials, officers, agents, and employees from and against any claims, liabilities, costs, penalties, interest, or other damages arising out of any failure or alleged failure to comply with CARB regulations.
Each Bidder shall submit the certification required by the Iran Contracting Act of 2010, California Public Contract Code Section 2200 et seq. as part of its Bid. The certification is included in the Bid Submittal Forms.
I hereby submit to the Victorville Water District the following Bid Proposal for work outlined in the plans and specifications. All the following documents are completed, fully executed, and included in my Bid Proposal as required in the bid document:
I understand on this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with the Bid Proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my Bid Proposal.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of SECTION D700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 10 percent (10%) of the total bid price, payable to Victorville Water District, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price from the date of the bid opening.
Please scan and upload a copy of your bid bond/cashier's check as part of your bid submission. In addition, Bidders are required to MAIL and must be “POSTMARKED” the original bid guarantee within (48) forty-eight hours after the bid submission due date.
The bid guarantee must be mailed to the following address:
City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: Finance Dept./Purchasing Division
Please have the Bidder Name, Project Number and Title listed clearly on the outside of the envelope.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
enter a general description of the scope of work
Please enter the license(s) required for this project.
Example: Class A
Please enter the range for this project:
EXAMPE: $815,000.00 TO $865,000.00
EXAMPLE:
Harry Mayo
14343 Civic Drive
Victorville, CA 92392
Phone: (760) 243-6351
Email: hmayo@victorvilleca.gov
Please enter the conference room location for bid opening.
Please enter the number of working days allowed the contractor for project completion.
EXAMPLE: 90 days
Q (No subject): Can you provide Engineer's estimate?
A: The Engineer's estimate is $9,000,000 to $10,000,000.
Q (Pre-Bid Meeting Time): Please confirm what time the pre-bid meeting is. The bid documents show it starts at 10am and 10:30am.
A: Thank you for bringing this to our attention. The pre-bid meeting will start at 10:30am PST. The bid documents have been updated to reflect the correct time.
Q (Sub-Contractor general Insurance minimum ): What is the minimum general liability insurance a Sub-Contractor is required to have?
A: The minimum general liability insurance requirements outlined in the bid package apply to the Prime Contractor awarded the project. The Prime Contractor is responsible for determining and establishing the insurance limits that their Subcontractors must meet.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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