2026 Citywide Pavement Preservation and Maintenance Project

Project Details

• Reference ID: MS27-016
• Department: Engineering
• Department Head: Fredy A. Bonilla, P.E. (City Engineer)

Important Dates

• Questions Due: 2026-08-26T21:00:00.000Z
• Pre-Proposal Meeting: 2026-08-20T17:30:00.000Z — 14343 Civic Dr. Victorville, Ca 92392, Conference Room A or online, livestreamed via Zoom, https://victorvilleca-gov.zoom.us/j/83049578421.

Evaluation Criteria

• PROJECT TITLE AND SUMMARY: —
  The proposed 2026 Citywide Pavement Preservation and Maintenance Project-MS27-016 (the “Project”) includes Type II Slurry Seal, Single-Layer Fiber Microsurfacing (MSE), and Double-Layer Fiber Microsurfacing (MSE) treatments on existing roadway segments located within the southeastern portion of the City of Victorville.
   
  The project encompasses selected streets within residential, commercial, industrial, and institutional areas generally situated South of Nisqualli Road and North of Bear Valley Road, East of 7th Avnue and West of Spring Valley Parkway as shown in the figure provided herein.
   
  As part of the project, existing pavement markings will be refreshed throughout the project area, including the replacement of stop legends and white limit lines at intersections.
   
  In addition, more comprehensive striping and signage improvements are proposed along Burwood Avenue, Fifth Avenue, Highgate Avenue, Huerta Street, Jasmine Street, Minnetonka Street, Pahute Avenue, Second Avenue, Sitting Bull Street, Sixth Avenue, and Tamarisk Road.
  These improvements may include the installation or replacement of lane lines, channelization markings, directional arrows, school crossing markings, regulatory signs, and other traffic control devices intended to enhance visibility, improve roadway safety, and maintain compliance with current standards.
• 2026 Citywide Pavement Preservation and Maintenance Project —

  The proposed pavement preservation and maintenance project includes Type II Slurry Seal, Single-Layer Fiber Microsurfacing (MSE), and Double-Layer Fiber Microsurfacing (MSE) treatments on existing roadway segments located within the southeastern portion of the City of Victorville. The project encompasses selected streets within residential, commercial, industrial, and institutional areas generally located south of Nisqualli Road, north of Bear Valley Road, east of Seventh Avenue, and west of Spring Valley Parkway, as shown in the figure provided herein. In addition, the project includes treatment for parking lots at four (4) local parks, including: Doris Davies Park, Grady Trammel Park, Hook Park, and Village Park. 

   

  As part of the project, existing pavement markings will be refreshed throughout the project area, including the replacement of stop legends and white limit lines at intersections. In addition, more comprehensive striping and signage improvements are proposed along Burwood Avenue, Fifth Avenue, Highgate Avenue, Huerta Street, Jasmine Street, Minnetonka Street, Pahute Avenue, Second Avenue, Sitting Bull Street, Sixth Avenue, and Tamarisk Road. These improvements may include the installation or replacement of lane lines, channelization markings, directional arrows, school crossing markings, regulatory signs, and other traffic control devices intended to enhance visibility, improve roadway safety, and maintain compliance with current standards.

   

  

   

• INSTRUCTIONS TO BIDDERS: —

  Each Bid Proposal submitted to the City for the project must be prepared in accordance with the following:

  Instructions to Bidders and all other applicable provisions of the Contract Documents, including without limitation, the Standard Specifications for Public Works Construction (“SSPWC”) 2024 edition (commonly referred to as the “Greenbook”), which is incorporated herein by this reference, as such has been modified by the City of Victorville Amendments to the SSPWC (the “Special Provisions”) (see Attachment A of this bid package for the Special Provisions).

  Capitalized terms and abbreviations not defined in these instructions, the Notice Inviting Bids, or elsewhere in the Contract Documents shall have the meanings ascribed to them in Sections 1-2 and 1-3 of the Standard Specifications, unless the context clearly indicates otherwise.

• BID SUBMISSION: —

  Bids may be received up to but not later than the published date and time via the City’s e-Procurement Portal located at https://procurement.opengov.com/portal/victorvilleca.  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 poor internet connections.  The City of Victorville strongly recommends completing your response well ahead of the deadline. Each Bidder takes full responsibility for City’s receipt of its Bid.

• 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 City strongly recommends completing your response well ahead of the deadline. Bidders take full responsibility for the City's receipt of its bid. Section 6 Bid Proposal 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, https://procurement.opengov.com/portal/victorvilleca. Only those who download Contract 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 and or Notices.

• CONTRACT DOCUMENTS: —

  The Contract Documents pertaining to this Project solicitation are available at the City’s eProcurement Portal. Only those who download Contract Documents from the portal will be included in a plan holders/followers list and may receive notices to include applicable addenda.

• NON-MANDATORY PRE-BID MEETING: —

  All prospective bidders are invited and strongly encouraged to attend a non-mandatory pre-bid meeting at 10:30 am, PST on Thursday, August 20, 2026 14343 Civic Dr. Victorville, Ca 92392, Conference Room A or online, livestreamed via Zoom, https://victorvilleca-gov.zoom.us/j/83049578421. Prospective bidders are encouraged to ask questions and address problems and other issues regarding this project during this meeting. All questions, other than those asked at the pre-bid meeting and not specifically addressed within the Contract Documents, must be submitted via the City's eProcurement Portal. Questions will not be accepted after 2:00 pm, PST on Wednesday, August 26, 2026. Prospective Bidders may visit the Project Site without making arrangements through the City. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

• QUESTIONS AND ADDENDA: —
  The City Engineer may issue Addenda to the Contract 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.
  Bidders shall submit all inquiries regarding this bid via the City’s e-Procurement Portal, located at https://procurement.opengov.com/portal/victorvilleca. Please note the advertised deadline for submitting inquiries.  All answers to inquiries will be posted on the City’s e-Procurement Portal.  As a registered bidder, you will also receive addenda notifications to your email by clicking “Follow” on this project.
• PRE-BID QUESTIONS: —

  Prospective Bidders desiring an explanation or interpretation of this solicitation, plans, specifications, etc., must request it in writing via the City's eProcurement Portal Q&A feature no later than 2:00 pm, PST on Wednesday, August 26, 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 Bidder concerning this solicitation will be furnished promptly to all prospective Bidders 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 Bidders.

• BID GUARANTY AND BONDS: —

  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 City of Victorville, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Contract.

  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 the original bid guarantee which must be POSTMARKED 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 ID Number and Title listed clearly on the outside of the envelope.

  Upon contract award, the successful Bidder must also furnish to the City 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.

• CALIFORNIA STATE PREVAILING WAGE: —

  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.

• DIR REGISTRATION; COMPLIANCE MONITORING: —

  Pursuant to Labor Code Section 1771.1, the City may not accept a Bid Proposal from or enter into a Contract with any Bidder, without proof that Bidder 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.

• BIDDER QUALIFICATIONS: —

  Bidders shall be thoroughly competent and capable of satisfactorily performing the Work and shall furnish statements of previous experience on similar projects/work on the forms provided in Section 6 titled "Bid Proposal Forms."

• LIQUIDATED DAMAGES: —

  The Bidder shall pay the City the sum of Four Thousand Two Hundred Dollars ($4,200.00) for each and every calendar day delay in finishing the work as outlined in the Scope in excess of the SIXTY DAYS (60) calendar days specified below as Liquidated Damages. The City withholds liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work.

• SUBSTITUTION OF SECURITIES: —

  Pursuant to 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.

• CONTRACTOR'S LICENSE: —

  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 Class A California Contractor’s License. Any Bid submitted which does not comply with the provisions of this Section will be considered nonresponsive and be rejected.

• AWARD: —

  Any contract for the Project will be awarded to the lowest responsive, responsible Bidder as determined by the City using the amount of the Total Base Bid for bid comparison purposes. Such award, if made, shall be made within ninety (90) calendar days after opening of the bids. The City reserves the right to reject any or all bids or to waive any immaterial irregularities or informalities in any bids or in the bidding process.

• CONTRACTOR REGISTRATION PROGRAM: —

  This Project is subject to compliance monitoring and enforcement by the DIR. No contractor or subcontractor may be listed on a Bid Proposal for a Public Works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. If contractor or subcontractor believes that such an exception in 1771.1(a) applies, it must provide the applicable exception(s) in its Bid Proposal. Even those contractors or subcontractors who qualify for an exception under 1771.1(a) must be registered with DIR at the time of award. For more information, please go to www.dir.gov under Labor Law Public Works.

• EXAMINATION OF THE PROJECT SITE AND CONTRACT DOCUMENTS: —

  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 Bidders may visit the Project Site without making arrangements through the City. Prospective bidders are encouraged to address questions, problems, and other issues regarding this Project. The Bidder agrees that if it is awarded the Contract, no claim will be made against the City 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.

• SUBMITTAL OF THE BID: —

  Bids shall be submitted via the City's eProcurement Portal before 2:00 pm, PST on Thursday, September 10, 2026, or as such deadline may be extended, or as amended by subsequent addenda. Faxed or emailed Bids will not be accepted. The City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance, bond premiums, and overhead. Bids received after the Bid due date and time shall not be accepted.

• ENGINEER'S ESTIMATE: —

  The Design Engineer has calculated an estimate of probable construction costs for this Project. The City does not wish to publicize the engineer's estimate of the Project cost since this information may tend to influence the number and nature of bids received. However, for the bidder's convenience, the City will publicize that the engineer's estimate for the base bid falls within a range of $1,600,000.00 to $1,800,000.00.
  
  

• BID PROPOSAL FORMS: —

  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 Bid Schedule included in Section 5 - Bid Schedule 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 included in Section 5 - Bid Schedule (the “Total Base Bid”). The Bid Schedule 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.

• BID GUARANTEE: —

  All Bid Proposals shall be accompanied by a bid guarantee in an amount equal to ten percent (10%) of the Total Base Bid in the form of a cashier's check, a certified check, or a corporate surety (bidder’s bond), as a guarantee that the successful Bidder will execute a construction contract as required under the "Execution of Construction Contract" section of these instructions. If a bidder’s bond is used to provide the Bid Guarantee, said bond, shall be provided by a California admitted surety insurer as defined in Code of Civil Procedure Section 995.120, with an AM Best Rating of A; VII or higher. 

  As specified in Section 6 – Bid Proposal Forms, electronic copies of the Bid Guarantee (bid bond, cashier's check, or certified check) shall be uploaded as part of the Bid submission through the City's OpenGov Procurement Portal. In addition, Bidders shall mail the original Bid Guarantee to the City. The original Bid Guarantee must be postmarked no later than forty-eight (48) hours after the Bid submission deadline. 

• IN-USE OFF-ROAD DIESEL-FUELED FLEET CERTIFICATE OF REPORTED COMPLIANCE: —

  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.

• INSTRUCTIONS TO BIDDERS: —

  All Bidders should carefully review the Instructions to Bidders Section of this bid package for more detailed information before submitting a Bid Proposal. 

• RETURN OF BID GUARANTEE: —

  The Bid Guarantee accompanying the Bid Proposals of the first, second and third lowest responsive and responsible bidders will be retained by the City until a Contract has been fully executed or all bids have been rejected. Thereafter, those Bid Guarantees, except bidder’s bonds and any guarantees which have been forfeited, will be returned to the respective bidders whose bids they accompanied. The Bid Guarantees submitted by all other unsuccessful bidders will be returned upon the City’s determination of the first, second, and third lowest responsive and responsible bidders.

• WITHDRAWAL OF BIDS: —

  Any Bid may be withdrawn by the Bidder at any time prior to the bid opening date and time specified in the Notice Inviting Bids, as such may be extended by City-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.

• RELIEF OF BIDDERS: —

  Pursuant to the provisions of Public Contract Code Sections 5100 to 5110, a Bidder may be relieved of its Bid by the City for a mistake. If the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City 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 City 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.

• BID ANALYSIS AND DETERMINATION OF RESPONSIVENESS: —

  After the Bids have been opened, the Bid Proposal Documents will be evaluated for responsiveness to the requirements of the Contract Documents. A copy of any documents relating to this solicitation can be obtained by the submission of a Public Records Request at: Public Records | City of Victorville, CA 

• AWARD OF CONSTRUCTION CONTRACT: —

  The City reserves the right to reject any or all bids and waive any immaterial irregularities or informalities in any bid or in the bidding. The Contract award, if any, will be made to the lowest responsible bidder whose bid is responsive to all the requirements set forth in Contract Documents. Such award, if made, shall be made within ninety (90) calendar days after the City’s opening of the bids. The Contractor's signature on the Bid Proposal form constitutes the Bidder’s commitment to perform all of the Work necessary to complete the Project upon the terms and conditions set forth in the Contract Documents for the prices set forth in the Bid Proposal, which Bid Proposal shall not be modified, withdrawn, or cancelled by the Bidder for a period of ninety (90) calendar days after the date the City opens the bids. The Bidder to whom the Contract is awarded shall be notified upon approval of the Contract by the City Council through a Notice of Award sent by the City’s Purchasing Division.

• EXECUTION OF CONSTRUCTION CONTRACT: —

  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.

• FAILURE TO EXECUTE CONTRACT: —

  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 these Instructions to Bidders, shall result in the forfeiture of such Bidder’s Bid Proposal guarantee. The successful bidder may file with the City 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.

• PROHIBITED CONFLICT OF INTEREST: —

  Contractor, its officers, employees, subcontractors, and/or agents may not have, maintain, or acquire a prohibited conflict of interest in relation to the Project or any contract awarded thereunder, in violation of any City ordinance or requirement, or in violation of any applicable law, including without limitation: California Government Code Section 1090 et seq.; California Government Code Section 81000 et seq. (the Political Reform Act); or the regulations of the Fair Political Practices Commission (FPPC) in Division 2 of Title 2 of the California Code of Regulations.

  If Contractor is a “Consultant” as that term is defined in Section 18700.3 of Title 2 of the California Code of Regulations, or when otherwise directed by the City, Contractor will disclose its financial interests as required by the City’s Conflict of Interest Code by completing and filing a Statement of Economic Interests (FPPC Form 700) with the Victorville City Clerk’s office.

  No member, officer, or employee of the City engaged in the selection, award, or administration of a contract for this Project shall have any prohibited conflict of interest, whether real or apparent, in any contract awarded hereunder or in the proceeds thereof.

• INSURANCE: —

  The successful Bidder must provide to the City the insurance policies and endorsements as set forth in Section 5-4 of the Special Provisions and Section 13 of the Construction Contract (Attachment A, Special Provisions).

• ANTITRUST CLAIMS: —

  As required by Government Code Section 4552, in submitting a Bid to the City, Bidder offers and agrees that, if the Bid is accepted, it will assign to the City 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., Section 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, materials, or services by Bidder for the sale to City pursuant to the Bid. Such assignment shall be made and become effective at the time City tenders final payment to Bidder.

• CLAIMS AND DISPUTE RESOLUTION: —
  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:
   
  1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.
  2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
  3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party.  If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of paragraph (5) below and other applicable provisions and laws.
  4. The alternative dispute resolution process set forth herein is a material condition of any Contract entered into for the Project and must be exhausted as an administrative remedy prior to either Party initiating legal action.
  5. Compliance with Victorville Municipal Code Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit against the City.
  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.
• INDEMNIFICATION: —

  a.        Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, 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 City, 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 City, 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 City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

  (3) In the event the City, 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 City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, 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 City;

  (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.     City 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.

• TIME OF COMPLETION / CONTRACT TIME: —

   See Section 6-3.1 of the Special Provisions for full details.

• PREVAILING WAGE AND OTHER STATE LABOR LAWS: —

  Payment of State prevailing wages is required and related California Labor Code laws must be complied with for all Work performed on this Project. See Section 5-3.2 of the Special Provisions and Section 9 of the Construction Contract.

• PROTECTION OF EXISTING UTILITIES: —

  The Contractor shall protect all existing utilities, utility facilities, and appurtenances within the Project limits during the performance of the Work. The Contractor shall exercise care to avoid damage to utility covers, valve boxes, manholes, pull boxes, monuments, traffic signal equipment, and other above- and below-ground facilities. The Contractor shall notify Underground Service Alert (USA) by calling (800) 422-4133 or 811 at least two (2) working days prior to performing any excavation or other work requiring utility locating, in accordance with California law. If no excavation is required, USA notification is not required unless otherwise specified in the Contract Documents. Any damage to existing utilities or utility facilities resulting from the Contractor's operations shall be promptly reported to the utility owner and the City. The Contractor shall be responsible for all costs associated with repairing damage caused by its operations. 

• RECYCLING, SALVAGE, AND LANDFILL DIVERSION —

  The City 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 City 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 City requires all contractors that are bidding on construction and/or demolition projects which require permits to fill out the “Construction/Demolition Waste Recycling Plan” form included in Section 7 - Attachments.  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 “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.

• EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS —

  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.

• IRAN CONTRACTING ACT CERTIFICATION —

  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. This certification is included in Section 6 - Bid Proposal Forms. 

• VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENTS —

  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.  A copy of the fleet compliance certification form is included in the Bid Proposal Forms.

  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.[TT1] 

  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.   A copy of the fleet compliance certification form is included in the Bid Proposal Forms.  Bidders must also:

  1. Include the DOORS ID number for each subcontractor listed on the List of Subcontractors Form in the space provided; and
  2. (2) complete and submit the Fleet Compliance Certification Form.  Failure to provide valid CRCs for the Bidder and all listed subcontractors, or failure to complete and submit the Fleet Compliance Certification Form may render the Bid non-responsive.

  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 City of Victorville.

  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 City of Victorville, 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.

Submission Requirements

• SUBMISSION CETIFICATION (required) —

  I hereby submit to the City of Victorville the following bid proposal for work outlined in plans and specifications provided.  All of the following documents are completed, fully executed, and included in my bid as required in the bid document:

  • Submission Certification
  • Bid Proposal Instructions
  • Bidder’s Identification
  • Bidder’s Experience and Reference Form
  • Worker’s Compensation
  • Signature Authorization
  • List of Subcontractors
  • Injury Illness Prevention Plan & Code Safe Practices Affidavit
  • Non-Collusion Declaration
  • Bidder’s Bond
  • Senate Bill 854
  • Iran Contracting Act Certification
  • Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
  • Fleet Compliance Certification
  • Addenda and/or Notices and Q&A Acknowledgement

  Confirming this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with the 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.

• BID PROPOSAL INSTRUCTIONS (required) —

  Please download the below documents, complete, and upload.

• BIDDER'S IDENTIFICATION (required) —

  Please download the below documents, complete, and upload.

• BIDDER'S EXPERIENCE & REFERENCE FORM (required) —

  Please download the below documents, complete, and upload.

• WORKERS' COMPENSATION CONFIRMATION (required) —

  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 3700 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.

  Note: The above Certification form is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

• SIGNATURE AUTHORIZATION (required) —

  Please download the below documents, complete, and upload.

• LIST OF SUBCONTRACTORS (required) —

  Please download the below documents, complete, and upload.

• INJURY ILLNESS PREVENTION PLAN & CODE SAFE PRACTICES AFFIDAVIT (required) —

  Please download the below documents, complete, and upload.

• NON-COLLUSION DECLARATION (required) —

  Please download the below documents, complete, and upload.

• BIDDER'S BOND (required) —

  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 City of Victorville, 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.

• SENATE BILL 854 (required) —

  Please download the below documents, complete, and upload.

• IRAN CONTRACTING ACT CERTIFICATION (required) —

  Please download the below documents, complete, and upload.

• CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT & OTHER RESPONSIBILITY MATTERS (required) —

  Please download the below documents, complete, and upload.

• FLEET COMPLIANCE CERTIFICATION FORM (required) —

  Please download the below documents, complete, and upload.

• ADDENDA AND/OR NOTICES AND Q&A ACKNOWLEDGEMENT (required) —

  Please download the below documents, complete, and upload.