Active SLED Opportunity · CALIFORNIA · CITY OF VICTORVILLE
AI Summary
The City of Victorville seeks qualified HVAC contractors licensed C-20 for maintenance, repair, and installation services at Southern California Logistics Airport Authority. The contract includes labor, materials, and emergency services with compliance to California labor and environmental regulations. Quotes due by June 8, 2026 via the City's eProcurement portal.
PROJECT NAME: Qualified HVAC Maintenance, Repair, and Installation
The Southern California Logistics Airport Authority (SCLAA) is seeking qualified skilled Contractors to install, alter, repair, maintain, and locate defects in a variety of HVAC equipment and systems. The contract shall consist of, but not limited to, labor materials, tools, equipment, and supplementary services necessary to complete the work.
SCLAA is seeking qualified skilled contractors to install, alter, repair, maintain, and locate defects in a variety of HVAC equipment and systems. The contractor/sub-contractor must be certified by the California Contractors State License Board and must possess the required HVAC contractor’s license(s) C-20.
SCLAA seeks to have three companies on contract for this work. For each event, the contractor that can most readily address the required work as decided by the SCLAA will be expected to perform, coordinate and manage its services to ensure the completion of tasks as deemed necessary.
The Contractor shall perform its tasks in cooperation with selected officials in the SCLAA. All work shall be done in accordance with the standard specifications provided by the applicable SCLAA staff.
The Contractor shall propose a sufficient qualified staffing level to ensure that the work is performed in accordance with the specifications provided by SCLAA staff. Since the Contractor will get paid by the hour for staff, materials and equipment, the contractor shall endeavor to keep the minimum to adequately perform the work. Billing SCLAA for staff or equipment that was not required to perform the work may result in disqualification for future projects.
If material’s testing is required, SCLAA will provide those services via a consultant.
SECURITY ACCESS
Contractor will be required to obtain security badge by attending a 30-minute class to obtain the required training. Alternately, Contractor may be required to obtain an access/driving badge by attending a 2-hour class and pass a written exam to obtain the required training. Class times are estimates and may be longer depending on class size. Contractors will be required to have at least one badged employee on site at all times (the SCLAA recommends a minimum of 2 employees). The estimated cost of the badge is $10.00 each. There is also a cost of $100.00 for any badge not returned to SCLAA upon request. SCLAA Badge costs are determined by the current Rules and Regulations, which are subject to change.
Contractors shall have, at a minimum, the Ability To:
CONTENT OF SUBMITTAL:
The Quote submittal should be in sequence and address the evaluation criteria and the following information:
1. Experience and qualifications of your company in providing these types of services.
2. List the name, address, phone number, fax and email address of a least three (3) references, (preferably airport and government municipalities) recent and/or similar projects (see reference form included in the RFQ) for both the contractor and any sub-contractors.
3. Current workload and ability to perform and respond in a timely manner, if selected. The contractor must be able to provide an estimate and begin work within two (2) workdays of approval of estimate.
4. Provide a maximum emergency response time.
5. Forms noted on Submission Certification Checklist included as an attachment
EVALUATION OF QUOTES
SCLAA will review each quote submitted by Contractors to determine if they meet the requirements of this RFQ. Failure to meet the essential requirements for this RFQ may be cause for rejection of the quote. SCLAA will make independent random checks of the Contractor’s references as well as sub-Contractors. SCLAA will rank the responding Contractor’s quotes and will develop a short list of no more than three qualified Contractors.
The above criteria will be used to rank the written bids.
CONTRACT WITH SELECTED COMPANIES
The three (3) companies will be invited to sign a General Service Provider Agreement with SCLAA to include one base year with the option for four one-year renewals based on performance. The terms of that agreement will be based on those outlined in the bid submittal. The contractor will be expected to maintain the prices and conditions outlined in the bid for the initial year of the agreement. Should staff changes occur, the contractor must notify the appropriate SCLAA staff immediately. A sample of the General Service Provider agreement is attached to this RFQ.
SAMPLE LIST OF HVAC UNITS
BUILDING # | NOTES | MAKE | MODEL | VOLTS |
682 | UNIT 1 | UNREADABLE | 579DP090146 | 240 |
685 | UNIT 1 | ARCOAIRE | PHD360000L000C1 | 240 |
| UNIT 2 | YORK | LY85100C20UH111B | 120 |
| UNIT 3 | YORK | LY85100C20UH111B | 120 |
700 | UNIT 1 | CARRIER | 09BB012300 | 240 |
717 | UNIT A | CARRIER | 48TMD028-601AA | 460 |
| UNIT B | TRANE | CGACC501KBNFF623GPW | 460 |
720 | UNIT 1 | LENNOX | LGA300HS1G | 460 |
723 | UNIT 1 | DAY & NIGHT | PGD460090H001E1 | 208/230, 3 Phase |
728 | UNIT 1 | CARRIER | 38AH-04-601BA | 460 |
| UNIT 2 | CARRIER | 38AH-028-611AA | 240 |
732 | UNIT 1 | LENNOX | TCA120H2BN1G | 460 |
733 | UNIT 1 | YORK | P3HCA08L04801C | 120 |
SPARES | 2 UNITS | LENNOX L SERIES | LGA300HS1G | 460 |
The Southern California Logistics Airport Authority (SCLAA) is looking to establish a list of qualified skilled contractors to install, alter, repair, maintain, and locate defects in a variety of HVAC equipment and systems and other related work for Qualified HVAC Maintenance, Repair, and Installation, MS26-133; the work shall include labor, tools, finishing, clean up, and incidentals required for the proper completion of the work.
The Southern California Logistics Airport Authority ("SCLAA") will accept sealed quotes for the above referenced project via the City's eProcurement portal until 2:00 pm, PST on Monday, June 8, 2026, at which time the quotes will be opened and evaluated.
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 SCLAA strongly recommends completing your response well ahead of the deadline. Bidders take full responsibility for the Authority's receipt of its bid. Section 4 Quote Submittal Forms shall be acknowledged or submitted along with the proposed bid.
Project Documents pertaining to this Project solicitation are available at the City’s eProcurement Portal. Only those who download 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/notices and Q&A.
Any prospective bidder desiring an explanation or interpretation of the solicitation or specifications must be sent via City's e-Procurement Portal's Question and Answer on or before the date identified in "Timeline", to allow a reply to reach prospective bidders before the proposal submission date. All answers to inquiries will be posted on the City's procurement portal promptly as an amendment to the solicitation.
PLEASE NOTE: Oral explanation or written instructions, given by personnel other than purchasing staff are not valid and will not be binding.
The SCLAA 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 are encouraged to check the City's eProcurement Portal for released addenda frequently. Bidders not registered will not receive notifications of released addenda. Bidders must acknowledge the addenda via the City's eProcurement Portal.
All Bidders shall be licensed as a contractor at the time of submitting a Quote Proposal in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The successful Bidder must hold a valid California Contractor’s License C-20. Any Quote submitted which does not comply with the provisions of this Section will be considered nonresponsive and be rejected.
Pursuant to Labor Code Section 1773, the SCLAA has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of the California Department of Industrial Relations (“DIR”) for each craft, classification, or type of worker needed to perform the work required under a contract awarded for this project. A copy of these prevailing wage rates is available at the City’s Finance Department/Purchasing Division, City Hall, 14343 Civic Drive, Victorville, CA 92393 and shall be made available to interested parties upon request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. It shall be mandatory upon the Bidder to whom the contract is awarded, and upon any subcontractors, to comply with all provisions set forth in Chapter 1, Part 7, Division 2 of the Labor Code, commencing with Section 1720, which include but are not limited to, the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors.
Contractor shall be solely responsible for using the correct wage determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code (1720-1720.9, 1770-1776, 1810, 1813, and 1815, as amended), California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
AB219 (as applicable) adds Section 1720.9 to the Labor Code the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency and subdivision of the state Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services.
Effective September 1, 2020, ready-mix concrete companies will be required to submit payroll online to DIR using its electronic certified payroll reporting system. Please note that this requirement applies only to the certified payroll records required by section 1776(a) of the Labor Code. The separate written time records certified by ready-mix drivers do not need to be uploaded into the electronic certified payroll report system and are only required to be submitted to the Labor Commissioner’s Office upon request.
Assembly Bill 219 governs concrete delivery on public works projects and became effective on July 1, 2016. The amendments added new section 1720.9 to the Labor Code, which provides:
A company hauling or delivering ready-mix concrete for a public works contract shall:
Nothing in section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
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:
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.services.dir.ca.gov/pw. A copy of proof of payroll submission is required with each invoice to the SCLAA along with copies of Certified Payrolls.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).
All public works contracts valued at $30,000 or more carry an obligation to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in the corresponding prevailing wage determination. This duty applies to all contractors and subcontractors on a project, even if their part of the project is less than $30,000.
The Contractor shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works projects. Prior to commencing work on a contract for public works, contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public works. Contractor and subcontractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at http://www.leginfo.legislature.ca.gov/ ).
Prior to submitting a Quote, 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. If there's not scheduled pre-bid/job walk prospective Bidders may visit the Project Site after making an arrangement through the SCLAA. 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 SCLAA 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.
A material and workmanship guaranty for a period of twelve (12) months from the date of acceptance of the work will be required. A guaranty form for this purpose is included in the Proposal.
For projects over $25,000.00 (including labor and materials), the Contractor, simultaneously with execution of the Contract, shall furnish a surety bond in an amount equal to one hundred percent (100%), of the contract price as security for the faithful performance of the Contract, and a separate surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract.
Bonds must be issued by an admitted surety insurer in the State of California, as set forth in the Public Contract Code, Section 20170.
Full compensation for furnishing the guaranty and bonds will be considered as included in the contract price or prices paid for the items or work involved and no additional compensation will be allowed therefor.
Any Quote may be withdrawn by the Bidder at any time prior to the quote due date and time specified in the Notice of Inviting Bids, as such may be extended by Authority-issued addenda. Quotes may be withdrawn via the City's eProcurement Portal. A Quote withdrawal does not prejudice the right of the Bidder to resubmit a Quote prior to the quote opening date and time.
The SCLAA reserves the right to reject any or all quotes, and to waive any irregularities or informalities in any quotes or in the bidding. The SCLAA further reserves the right to award contracts to other than the lowest responsive bidder if such action is determined to be in the best interest of the SCLAA.
The SCLAA intends to award contracts to up to three (3) qualified contractors. Contractors will be utilized on an as-needed basis, and no minimum quantity of work or compensation is guaranteed under any resulting agreement.
A General Services Provider Agreement shall be signed by the successful Bidder and returned, together with the contract bonds (if required 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.
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 SCLAA, Contractor will disclose its financial interests as required by the SCLAA’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 SCLAA 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.
The SCLAA 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 quotes 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 One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) 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.
WORKERS' COMPENSATION INSURANCE
a. Contractor shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.
INSTALLATION FLOATER
Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as an Installation Floater policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance shall name the Authority as a Loss Payee as their interest may appear, and include a Waiver of Subrogation Endorsement(s) in favor of the SCLAA.
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 Authority and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the Authority 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 SCLAA 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 Authority Secretary certificates of said insurance at least two (2) weeks 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 SCLAA 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 SCLAA 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 Authority, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the SCLAA, 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.”
a. Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its 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, (herein "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 negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent 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 negligence or willful misconduct of the SCLAA its 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 SCLAA, its officials, officers, agents 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) negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless therefrom;
(3) In the event the SCLAA, its 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 negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLAA, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for council acceptable to SCLAA.
(4) Contractor's duty to defend and indemnify 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. SCLAA 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 SCLAA 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 SCLAA 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.
Except for such claims as defined in and covered by California Public Contract Code Section 9204 (“Section 9204”), which are subject to the procedures set out in therein (the full text of Section 9204 is set forth below), any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof, shall be settled in the manner set forth in the executed Contract, or if not specified therein, by the following process:
California Public Contract Code Section 9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
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.
Upon approval by the Airport Director, or the designee, of the Contractor's estimate of work completed, SCLAA will make a progress payment to the Contractor equal in amount to the approved estimate.
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.
Upon completion of the work, the Contractor may request full payment for his work, and after acceptance of the work by the SCLAA, SCLAA will make a final progress payment as described above.
The SCLAA shall make payments on invoices that have been submitted by the Contractor after approval has been given by the Airport Director, or the designee. The payment request shall not be deemed properly completed unless, all required payroll documents, have been properly completed.
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 SCLAA 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 SCLAA encourages innovative approaches to recycling, reuse, or salvage. The SCLAA 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 AUTHORITY 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 SCLAA 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 SCLAA or allow any person to perform work required under this Contract unless such person is properly documented and legally entitled to be employed within the United States.
The Bidder shall comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Construction Site Maintenance and Trash Containment
There shall be containment of trash, rubbish and debris on a routine, continuous basis for each construction site, and there shall be no loose materials permitted to accumulate on the sites or to be carried away by wind or water. The Building Official shall have the authority to require additional dust, trash or water run-off measures if necessary, to protect life or property.
The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work in order to secure the safety of the workmen, the quality of work required, and the stipulated rate of progress. It shall be the Contractor's responsibility to perform the work strictly in accordance with the Specifications and original contract drawings and any revisions as may be made therein by the Airport Director 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 SCLAA, 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 SCLAA.
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 SCLAA at the expense of the Contractor.
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 Airport Director 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 Airport Director or his designee to be in the best interest of the SCLAA, 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 SCLAA, 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 SCLAA 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 Airport Director or his designee. The SCLAA will not be liable for, and in making this determination, the Airport Director or his designee will exclude all damages which the Airport Director 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 SCLAA 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 SCLAA 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.
Each Bidder shall submit the certification required by the Iran Contracting Act of 2010, California Public Contract Code Section 2200 et seq. as part of its Bid. The certification is included in the Quote Submittal Forms.
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 Southern California Logistics Airport Authority.
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 Southern California Logistics Airport Authority, 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.
I hereby submit to the Southern California Logistics Airport Authority 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
Bidder’s Identification
Bidder’s References
Statement of Qualifications
Request for Quote Sheet
Worker’s Compensation
Signature Authorization
List of Subcontractors
Non-Collusion Declaration
Senate Bill 854
Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
Iran Contracting Act Certification
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.
The Bidder 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.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
enter a general description of the scope of work
Please enter the license(s) required for this project.
Example: Class A
Please enter the range for this project:
EXAMPE: $815,000.00 TO $865,000.00
EXAMPLE:
Harry Mayo
14343 Civic Drive
Victorville, CA 92392
Phone: (760) 243-6351
Email: hmayo@victorvilleca.gov
Please enter the conference room location for bid opening.
Please enter the number of working days allowed the contractor for project completion.
EXAMPLE: 90 days
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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