SLED Opportunity · CALIFORNIA · CITY OF VICTORVILLE
AI Summary
City of Victorville seeks bids for roof replacement, water heater installation, and stair landing repairs at an apartment complex under a Home Investment Partnership Program.
Roof replacement of apartment complex buildings, installation of water heaters, and repair of stair landings. This is a Home Investment Partnership Program funded project. The rehabilitation project requires replacement of roofs, water heaters and repair of wood rotted stairs. Please see scope of work for full description.
Northgate Village Apartments are located at 17251 Dante Street, Victorville, CA 92394. The complex was built in 1991 and is comprised of 18 residential buildings and an administration building.
Addendum #1
Please use the See What Changed link to view all the changes made by this addendum.
Please use the See What Changed link to view all the changes made by this addendum.
1. Replace existing flat roofing material on four multifamily housing unit buildings, Includes building 1, 15, 16, and 17 only. Repair/correct all low or poor drainage area, install new Built-up Bituminous Roofing. (Substitute roofing system may be offered by bidding contractor. Substitute material must be better than or equal to scoped material.)
Tear off, remove, and haul away existing flat roofing and/or roof system, associated metal base flashing down to the existing wood deck. All tear off and removed material need to be disposed properly according to local, state and federal regulations. All removal, hauling, and disposal procedures shall be performed by a certified contractor and must meet or exceed all requirements set forth by local, state, and federal agencies governing these procedures.
Correct/Repair all existing low and/or poor drainage areas to insure proper water runoff from roof.
Repair and/or replace any damaged or missing metal and/or wood decking as required. All replaced decking shall match the size and type of the existing deck and shall be installed per local building code requirements.
Remove all HVAC systems to allow all repairs to roof. Once all repairs have been made, reinstall HVAC systems, including but not limited to reattaching ducting, reattaching electrical and any other essential items that fall under the HVAC system. Ensure that HVAC system is running and operating properly. Replace all condensation lines with the proper size line; properly secure them to the roof and paint. All work shall comply with all local, state, and federal codes.
All parapet walls and equipment curbs shall be fully covered with roof system. The membrane shall be adhered to the walls and curbs per the Roofing Manufacturer's standard written and detailed requirements (no mechanically attached and/or loose-laid wall and curb flashings will be allowed).
Provide and install all new galvanized flashing and required roof metal, minimum 24 gauge. Shall be installed in accordance with the manufacturer’s installation instructions and any applicable code requirements.
Install three-ply, built-up, bituminous roofing system, as specified herein and as needed for a complete and proper installation. The membrane shall be installed directly over the barrier board and shall be attached per roofing manufacturer's application requirements.
Provide and install new redwood sleepers and pipe supports. The new sleepers and pipe support shall be installed per the roofing manufacturer's standard written and detailed requirements.
Perform all flashing and detail work in strict accordance with the roofing manufacturer’s standards.
Provide 15-year manufacturer’s warranty.
*CITY OF VICTORVILLE PERMIT REQUIRED
2.Tear off and replace all shingle roofs at all multifamily housing buildings. Total of 18 buildings.
Install 30-year Fiberglass based Composition CRRC rated shingles. Install per manufactures specifications. Owner’s choice of color. Contractor is required to have a Pre-Re-Roof Inspection. When stripping of old roofing material is required. Install two layers Type 1 (#15) asphalt saturated high-performance polyester (HPP) underlayment and 30 year Fiberglass based Composition shingles. Use double course of shingles at eaves. Place shingles in straight coursing pattern with required weather exposure so as to produce double thickness over entire roof area. Extend shingles 3/4 inch over eaves and 1/2 inch over gable end fascia boards. Valleys: Close cut/woven pattern. Cap hips and ridges with individual shingles, maintaining weather exposure. Place so as to avoid exposed nails. Complete installation to provide weather tight roofing system. Provide drip edge at eaves and gables of shingle roofs. Install shingles in accordance with manufacturer’s instructions. Owners’ choice of color. Prior to call for Final Roof Inspection # 299 Magnetically clean sweep yard, walkways, roof areas, and drive for nails, staples and related debris. Note: The roofing material shall be “Cool Roof” to meet all current California Energy Codes. Form CF-1R-ALT-RE-ROOF shall be completed and submitted prior permit issuance and form CF-6R-ENV-01 shall be completed and provided for the Building Inspector at final inspection. The “Cool Roof” shall have a minimum three year aged solar reflectance of 0.20 and a minimum thermal emittance of 0.75 for roofing products that have a density of less than 5lb/ft2.
*CITY OF VICTORVILLE PERMIT REQUIRED
3.Repair wood rot at 3 stair landings. Includes landings at buildings 8, 12, and 16.
Remove stair stringers as needed and save for re-use. Demo stucco and decking as needed to expose dry rot wood for replacement. Replace all dry rot wood with same nominal size. Replace decking as needed, waterproofing at deck and stucco. Paint stucco and any exposed wood to match surrounding as close as possible. Reinstall stair stringers with new hardware.
4. Remove and dispose of and install a total of 10 new Natural Gas Water Heaters.
The minimum capacity for water heaters shall be in accordance with 2013 CPC Ch. 5, General 501.0 and Table 5-1 First Hour Rating; the First Hour Rating shall be 54 gallons for a 2-bedroom 2-bathroom home. To include seismic straps installed on the upper and lower 1/3 rd of the heater with the bottom being a minimum of 4 in. above the controls. Insulation wrap for the in and out water lines with a minimum insulation value of R-4, from point of connection for a minimum of 5 ft. in length. Install new flexible water lines (24 in. maximum length) on Hot and Cold water lines, new approved flexible gas line and fittings. To include: new full-way shut-off valve on cold water side and one vinyl covered ¾ “plywood layer overlay on closet floor and install corrosion resistant pan (Smitty Pan) with ¾ inch drain line piped to an approved location (T&P line may NOT drain to Smitty Pan). *Ensure the double wall “B”-vent shall maintain a 1” minimum clearance from all combustibles and single wall shall maintain a 6” minimum clearance to combustibles. Units that do not have T&P routed to an approved location shall be equipped with Watts 210 automatic gas shutoff or equivalent system from any manufacturer.
*CITY OF VICTORVILLE PERMIT REQUIRED
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 of Victorville strongly recommends completing your response well ahead of the deadline. Bidders take full responsibility for the City's receipt of its bid.
Project 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 such as revisions to the plans or addenda.
Roof replacement of apartment complex buildings, installation of water heaters, and repair of stair landings. This is a Home Investment Partnership Program funded project. The rehabilitation project requires replacement of roofs, water heaters and repair of wood rotted stairs. Please see Section 4. Scope of Work for full description.
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, May 12, 2026, at which time the bids will be publicly opened and the bids received will be available for viewing.
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 such as revisions to the plans or addenda.
All portions of the proposal forms contained in Section 6 Bid Proposal Form - Submission Certification checklist contained in this bid package must be completed to include signed addenda (if any) before the bid is submitted. Failure to do so may result in the bid being rejected as non-responsive.
Bidders may download the Contract Documents associated with this Project from the City's eProcurement Portal. Those registered will be included in a plan holders (followers) list and may receive notices such as delta revisions to the plans or addenda.
A MANDATORY pre-bid meeting and job walk has been scheduled for all prospective bidders. The meeting will be held on Tuesday, March 24, 2026, at 10:00 am, PST at 17251 Dante St. Victorville, CA 92394. Mandatory Site Job walk to follow. Prospective bidders are encouraged to address questions, problems, and other issues regarding this project. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
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. The participant agrees that they are attending the job walk and assumes responsibility for their safety.
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 is on Wednesday, April 29, 2026,4:00 pm, PST. 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.
Oral explanation or instructions given before the award of a Contract will not be binding. Any information given a prospective Bidder concerning 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.
PLEASE NOTE: Oral explanation or instructions, or written explanations given by personnel other than purchasing staff are not valid and will not be binding.
The Contractor shall begin work by the date specified in the City's Notice to Proceed informing him/her that the contract has been awarded and shall diligently prosecute the work so that all the work shall be completed before the expiration of sixty (60) CALENDAR DAYS, including the specified starting date.
The Contractor shall pay the City the sum of $100.00 per day for each and every calendar day delay in finishing the work as outlined in the Scope in excess of the sixty (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.
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 submitted bid amount.
The successful bidder and/or specified subcontractor(s) must possess a valid California Contractor’s License B, at the time of the award of this contract, to complete the work as described. The Contractor and/or subcontractor shall obtain all required permits and licenses prior to commencing work and shall submit the work in progress to periodic inspection by the appropriate Inspector of the City and shall honor all correction notices issued by same. All contacts, regarding inspections, shall be made to the appropriate department within the City.
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 the 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.
Exceptions to the registration requirement:
The contractor registration requirement does not apply to contractors working solely on public works projects awarded prior to April 1, 2015. Some exceptions allow contractors to bid on federally funded projects or submit joint venture bids without first being registered, as long as the contractors that are parties to the joint venture and the joint venture are registered at the time the contract is awarded.
Contractors who work exclusively on small public works projects are not required to register as a public works contractor or file electronic certified payroll reports for those projects. Contractors are still required to maintain certified payroll records on a continuous basis, and provide them to the Labor Commissioner’s Office upon request. Additionally, awarding agencies are not required to submit the notice of contract award through DIR Public Works website services on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
This is funded by Community Development Block Grant (CDBG). The higher of either State Prevailing Hourly Wages or Federal Wage Determination shall apply to and be paid by all contractors and subcontractors performing work on this Project.
Payment of State Wages Required when Higher. Payment of State prevailing wage rates, when higher than Federal Davis-Bacon prevailing rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The City of Victorville is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Davis-Bacon Wage rates shall apply to and be paid by all Contractors and subcontractors performing work on this Project.
The General Federal Wage Decision that is in effect on the date of the bid opening, as long as the Contract is awarded within ninety (90) days of said date, locks in that Federal Wage Decision for the entire duration of the Project. If the contract is not awarded within such ninety (90) day period, the date of the execution of the Contract would be the date used in determining the applicable Federal Wage Decision.
Revisions to the General Federal Wage Decision, up to fourteen (14) calendar days before bid opening, shall be identified by the issuance of addenda, and the final Contract between the City of Victorville and the contractor will physically include the applicable General Federal Wage Decision as revised by addenda, if any such addenda have been issued. Both the prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract a wage not less than the highest wage applicable for their work classification, as specified in the Federal General Wage Decision that can be downloaded from http://www.access.gpo.gov/davisbacon/.
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.
The delivery company shall provide certified payroll records under Labor Code section 1776(1) to the party that engaged its services and to the general contractor. The time record must be certified by each driver for the performance of job duties.
The contractor and all subcontractors shall comply with all Federal and State laws, regulations, and guidelines required in the performance of the contract. Copies of the updated Wage Determination rates are available to any interested party, by visiting www.wdol.gov for Federal and www.dir.ca.gov for State of California. Additionally, copies of the State prevailing rate of per diem wages and Federal wage determination rates are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request.
Contractor shall be solely responsible for using the correct wage decision or 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, et seq; 1770-1776, 1810, 1813, and 1815), 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
NOTE: A CERTIFIED PAYROLL from the Contractor and subcontractors must be submitted weekly to the City of Victorville and uploaded to DIR website (if using the State Prevailing Wage rate). Payment of invoice(s) may be delayed when certified payrolls are not current.
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.
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.gov under Labor Law Public Works. A copy of proof of payroll submission is required with each invoice to the City of Victorville along with copies of Certified Payrolls.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).
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/).
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 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.
The Bid Proposal forms are included 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 6 Bid Proposal Forms, 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 Pricing Proposal in Section 5 (the “Total Base Bid”). 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.
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 submitted bid amount.
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 Department Director, 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 City 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 City’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 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.
Pursuant to the provisions of Public Contract Code Sections 5100 to 5110, a Bidder may be relieved of its Bid by the City for 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.
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 Bid Proposal Forms of the Project 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 City 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. Award, if any, shall be made to the lowest responsive and responsible bidder, based upon the total amount bid. 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 City Council.
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 of these Instructions to Bidders, shall result in the forfeiture of such Bidder’s Bid Proposal guaranty. 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.
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. Award of a contract, if any, shall be made to the lowest responsible bidder whose Bid complies with the specified requirements.
No member, officer, or employee of the City of Victorville engaged in the selection, award, or administration of any contract awarded pursuant to this RFB shall have any prohibited conflict of interest, whether real or apparent, in said contract or the proceeds thereof. By submitting a Proposal and executing an agreement with the City, Bidder certifies that it that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant under the agreement or with respect to the funding thereof, in accordance with 2 CFR Part 200 (including 2 CFR Sections 200.112 and 200.318(c)). Bidder shall provide all additional information necessary for the City to fully assess and address such actual or potential conflict of interest and agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution the agreement. Bidder further agrees to complete any statements of economic interest if required by either City ordinance or State law and further certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement and does not know of any fact which constitutes a violation of any conflict of interest law, including Section 87100 et seq. or Section 1090 et seq. of the California Government Code.
The City 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 Two Million Dollars ($2,000,000) per occurrence, and Four Million Dollars ($4,000,000) 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 One Million Dollars ($1,000,000) 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 $2,000,000 per claim or occurrence and $4,000,000 aggregate per policy period of one year.
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 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 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 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 City 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 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 City 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, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, 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"), 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 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 10204) 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 day 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.
a. Notwithstanding the limits of any insurance and to the fullest extent of the 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.
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 City 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 City 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 City and shall be delivered to the City upon request of the City Planner 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 City 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 City of any documents or materials prepared by them, and in the event, Contractor fails to secure such assignment, Contractor shall indemnify the City 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 City Planner or his designee, of the Contractor's estimate of work completed, the City 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 City 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 City, 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 City 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 Payment Notice" is served upon the City, 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 City will withhold from payments due the Contractor, an amount of money equal to the amount of the claim stated in the "Stop Payment 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 City 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 City 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 City. 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 City 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 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 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 City 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 Contractor agrees to comply with pertinent statues, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal Assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
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 City Planner 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 City, its officers and agents 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 City.
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 City 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 City Planner 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 City Planner or his designee to be in the best interest of the City, 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 City, 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 City 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 City Planner or his designee. The City will not be liable for, and in making this determination, the City Planner or his designee will exclude all damages which the City Planner 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 City 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 City 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 available 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/appa-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 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.
Government contracts. Except as otherwise provided, each contracting agency shall include the following equal opportunity clause contained in section 202 of the order in each of its Government contracts (and modifications thereof if not included in the original contract):
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) he contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The City of Victorville encourages all businesses, including small business, minority and women-owned businesses that can provide the desired product or service, to submit proposals. If you are currently certified as small business, minority, or women-owned businesses, please include a copy of your certification letter along with your bid proposal response. The City of Victorville hereby notifies all bidders that it will affirmatively ensure that minority business enterprises will be afforded full opportunity and consideration when submitting bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the bid proposals for award of contract.
The Federal Funding Accountability and Transparency Act (FFATA) were signed on September 26, 2006. FFATA legislation requires information on federal awards be made available to public via a single, searchable website, which is www.usaspending.gov.
Contractors who are sub-awardees of federal funds in an amount greater than $25,000 are required to enter their award information on www.usaspending.gov website. This website ensures that the public can access information on all entities and organizations receiving Federal Funds.
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
Customer Reference
Contractor’s Qualification
PCC 10285.1 Statement
PCC 10232 Statement
Worker’s Compensation
Signature Authorization
Subcontractor’s List
Questionnaire
Bidder’s Bond
Non-Collusion Declaration
Senate Bill 854
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
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.
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.
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statements are part of the Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false statement may subject the certifier to criminal prosecution.
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.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
In accordance with Government code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation?
If the answer is yes, explain the circumstances on a separate sheet.
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 Section
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.
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 number of working days allowed the contractor for project completion.
EXAMPLE: 90 days
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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