Revisions to Agenda Item 1
• Revised agenda to include staff report
and corresponding attachments
Item Number: 1
City Council / Board of Directors
Written Communications
Meeting of: March 17, 2022
Submitted By:
Keith C. Metzler, Victorville Water District General Manager Andre de Bortnowsky, City Attorney
Subject:
Wellness Center Project - Award of Phase 1 Construction Contract by the Victorville Water District
Recommendation:
That the Victorville Water District Board of Directors:
1. Award a construction contract to Angeles Contractor Inc. for an initial first phase of construction in the amount of $4,827,947.76 for the Wellness Center project.
Fiscal Impact:
This action will result in a fiscal impact of $4,827,947.76. This first phase of construction will be funded by water funds (4104500-52300-97063) until such time as the Homekey awarded grant funds are received by the City. A reimbursement agreement between the Water District and the City will be brought forward at a future City Council/Board of Directors meeting.
This contract and most of the expected capital expense will ultimately be funded from a Homekey Round 2 grant that has been awarded for this project. S ufficient funds are expected to be available under the Homekey award to cover the capital expenses for this initial first phase of the project and subsequent phases at the time the awarded state grant is received by the City. The City has additional funds to support the cost of the entire project after the Homekey funds have been expended through other sources such as HHAP, PLHA, CDBG, Measure P and ARPA.
On March 3, 2022, the City received the Standard Agreement from the California Department of Housing and Community Development (HCD) to memorialize the Homekey Round 2 grant award. As the Standard Agreement has not been fully executed, any award of contract that contemplates the use of Homekey funding should be viewed
as “at -risk” in that the City would be responsible for covering the cost of any work completed using an alternate funding source if the Standard Agreement is not finalized.
However, as of the date of this report, the City Manager has signed the Standard Agreement and transmitted the documentation to HCD. S taff expects the Standard Agreement will be finalized, although the date of final execution remains unknown.
Background:
Over the past year, City staff has been pursuing the development of a navigation center campus, called the “Wellness Center,” to be located at 16902 First Street in accordance with City Council direction at the August 18, 2020 meeting to continue with the land use entitlement process and securing of funding for the project. At th at same meeting, by a unanimous vote, the City Council approved Resolution No. 20-091 authoring City Staff to proceed with procurement for the design and construction of the Wellness Center project by means of a Cooperative Purchasing indefinite quantity c onstruction agreement procured through Sourcewell, in the event the City received the contemplated Homekey grant funding. Combining a low -barrier emergency shelter, recuperative care facility, medical clinic, interim housing, and wraparound support services, the Wellness Center Campus will be the first facility of its kind in San Bernardino County .
On February 16, 2021, the City Council by a unanimous (4- 0) vote approved a Consultant/Professional Services Provider Agreement with CMC Architects and Engineers (CMC) in the amount of $416,550 to complete the construction documents for the Wellness Center Campus. This initial agreement was funded by Permanent Local Housing Allocation (PLHA) grant funds.
On September 29, 2021, the City Council authorized (agai n by a unanimous 4- 0 vote) staff to proceed with the Homekey Round 2 grant application to assist in funding the construction and operation of the Wellness Center. Resolution No. 21-101 authorized the City Manager to execute documents to apply for and participate in the Homekey Program.
On December 8, 2021, the Planning Commission by a unanimous vote (5- 0) approved the entitlements for the Wellness Center project, which included approval of a Site Plan and Mitigated Negative Declaration.
On December 15, 2021, the City was notified by HCD of an award in the amount of $28,004,058 under Homekey Round 2 for the Wellness Center project, of which $23,612,058 has been awarded to fund capital construction costs and $4,392,000 for operational expenses.
On January 18, 2022, City Council approved by a unanimous 4- 0 vote, an additional appropriation of funds, as noted above, and increased the not to exceed amount of the agreement with CMC for the Wellness Center Project to $814,172.80.
Discussion:
The Homekey program is designed to rapidly expand housing for homeless within the State. Starting from the December 15, 2021 date of award, Homekey Round 2 requires Victorville to expend capital funds within eight months, complete construction within 12
months with occupancy required within the 90 days following construction completion.
These milestones are rigid, unless an extension of time is authorized by HCD based on circumstances outside of the awardee’s control, such as supply chain delays.
Given the short period of time allowed to construct the Wellness Center, construction of the project needs to commence immediately. To accommodate the expedited Wellness Center project schedule, staff is recommending the Victorville Water District (VWD) initiate funding the first phase of the project, which consists of wet and dry utility infrastructure work, site grading, and as noted in the fiscal impact section, initiation of a reimbursement agreement between the VWD and the City. Once full funding is received, the V WD will assign the project back to the City to continue subsequent phases of construction.
When the former Baldy Mesa Water and Victor Valley Water county water districts were consolidated by San Bernardino County Local Agency Formation Commission (LAFCO ) to create the Victorville Water District (VWD), LAFCO Resolution No. 2959 stated that, although the new successor district was a “Subsidiary District” of the City of Victorville, it would remain a “county” water district, which “shall function under, and carry out all authorized duties and responsibilities assigned to a county water district as outlined in California Water Code Sections 30000 et seq. and other applicable laws.
As further stated in the Victorville Municipal Code (VMC) Section 2.28.012(b), the VWD “retains the statutory identity and powers of a county water district” and [w]here permitted by the County Water District Law (Cal. Gov. Code § 30000 et seq.) and other applicable laws; the VWD may vary from the procedures and rules for purchases and procurement set forth in the VMC. Therefore, and given that the VWD is a member of Sourcewell’s cooperative purchasing system, the VWD will utilize the Sourcewell ezIQC program to award a construction contract (Work Order) to Angeles Contractor Inc. (Attachment A).
The Sourcewell ezIQC cooperative purchasing program is administered by Gordian. It is different from traditional bidding in that the ezIQC competitively bids pricing up front so that a contract can be awarded using competitively bid pricing without having to competitively bid individual projects. This allows for organizations to expedite projects when scheduling constraints exist. The pricing associated with the Work Order was competitively procured as part of an Invitation for Bids published in over 20 California newspapers on 11/22/2021 and 11/29/2021, including the San Bernadino Sun and the Riverside Press-Enterprise. More information about the Sourcewell ezIQC program can be found in Attachment B.
The City has previously invoked similar use of the purchasing authority of t he VWD for the City’s Waste Water Treatment Plant and other former Redevelopment Agency (RDA) projects. Additionally, m any other government organizations have utilized cooperative purchasing agreements when public project funding sources do not allow for a public agency’s normal bid processes. Attachment C provides a list of Homekey-funded projects that have been recently awarded utilizing Gordian.
Proceeding with a Sourcewell agreement with Angeles Contractor Inc . for the initial first phase of construction will allow project construction to begin quickly to keep to the project schedule under our Homekey grant award. Additionally, since the project plans will not be 100% complete until the end of April 2022, a phas ed approach to awarding the contracts is warranted, which will allow a Phase 1 for earthwork and main utility line installations to occur, while the remaining construction plans and contracts are finalized.
Staff recommends that the Water District Board of Directors approve the initial ezIQC Sourcewell construction contract/Work Order with Angeles Contractor Inc. to complete the earthwork and main underground utility line installations to be completed within 120 days from the VWD’s issuance of a Notice to Proceed, and contingent upon ACI providing the required payment and performance bonds and satisfactory proof of insurance.
Additional information about Angeles Contractor Inc. is included within Attachment D.
District staff will be returning to the City Council in the coming weeks with a reimbursement agreement and additional contracts for the remaining scope of work to complete the project.
Attachments:
A. Sourcewell ezIQC Construction Contract (Work Order) with Angeles Contractor Inc.
B. Sourcewell ezICQ Executive Summary & User Agency List C. Gordian – California Homekey-funded Projects
D. Angeles Contractor Inc. Brochure
ATTACHMENT A
Sou rcewell ezIQC Con structio n Contra ct wi th Angele s Contr actor Inc. 441
Victorville Wellness Center, Phase I
Detailed Scope of Work
1. Necessary General requirements during the construction of project up to 7/31/2022 (approx. 4 months from NTP) included.
a. Temporary Fences, Dumpsters, SWPPP& Erosion Control Implementation and QSP Inspection
b. Survey will be included as necessary: CMC will provide survey for design + Angeles will provide survey for finish grade
s
2. Earthwork
a. Includes Demolition and Site Clearing
b. Includes Rough & Finish Grading
c. Includes 10,000 CY of soils export only. Any additional excess dirt generated from excavation and grading will be stockpiled within the project site. d. Excludes any excavation, trenching, backfill & compaction for Phase II wo rk
3. Wet + Dry Utilities (On & Off-site)
a. Include all underground Utilities – Water, Sewer, Storm Drain, Fire & Gas b. Include irrigation main related scope, but this does not include irrigation lines in landscape plan
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c. Include Secondary Sewer line scope from VVWRA (362 LF only & No new manhole and tie-ins to existing
)
d. Utilities are up to POC of each modular building(s)
e. No utility scope of work for Dog Kennel since the design is not done yet.
4. Electrical scope will include underground on-site work only (conduit & pull boxes) a. Excluding wiring
b. Exclude all off-site electrical scope, due to missing SCE design Clarifications & Exclusions
· All Phase II Work (Scope of Work not included above) including Dog Kennel relocation excluded.
· Any RFI & its response from 3/4/22 are excluded except for RFI Response # 40 with using 24” ABS SDR 35 pipe in lieu of 24” RCP
· No compaction at retention basin.
· General lift station will be excluded from Phase 1.
· Grease Interceptor will be excluded from Phase 1.
· Phase 1 scope of work is based on 3rd submittal set of drawings issued by Architect / Engineer on
3/1/22.
· Approximate duration for Phase 1 is 120 days from NTP issuance. Estimated dates of construction for Phase 1: April 1, 2022 to July 31, 2022. Schedule to be provided by Contractor for construction activity details.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Victorville Water District Amendment to Work Order No. 102420.00 In this Exhibit A, the Victorville Water District (“ VWD”), a County Water District and subsidiary District of the City of Victorville (“ City”) and Angeles Contractor, Inc. (“ Contractor”) are sometimes hereinafter individually referred to as a “ Party” and collectively referred to as the “Parties.” Work Order No. 102420.00 to which this Exhibit A is attached and made part, is referred to hereinafter as “this Work Order” or “the Work Order”. “Project” means the Victorville Wellness Center described in the approved Site Plan Application (Case No. PLAN21-00024) on file with the City of Victorville.
This Exhibit A shall supplement the Work Order and the Contract Documents (as that term is defined in Section I.D of the General Terms and Conditions of the Sourcewell ezIQC Contract No CA-R8-GB06-123021-ACI), and the provisions of this Exhibit A shall control in the event of a conflict, but will not supplant the provisions of Exhibit B.
Part I
Section 1. PAYMENT OF PREVAILING WAGE; DIR REGISTRATION; PENA LTIES a. Compliance with State and Federal Wage Requiremen ts. As a potentially federally funded Project, the Work called for in this Work Order must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents and in this Exhibit A. b. State Prevailing Wages. Pursuant to Labor Code Section 1773, the VWD 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 Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the VWD’s Finance Department/Purchasing Division and shall be made available for review to any interested party on 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. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Work Order, including workers performing Work covered by Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates
c. Federal Wages. In accordance with the provisions of the Davis-Bacon Act, and related Federal labor requirements, the Secretary of Labor has determined the general prevailing wage rates applicable to federally funded or assisted construction projects. A copy of the current General Federal Wage Decision applicable to the work to be performed on this Project is included in Part II of this Exhibit A. Additionally, copies of the federal wage decision rates are on file at the VWD’s Finance Division, and shall be made available for review to any interested party on request.
Except as provided in Subsection d below, Contractor and all Subcontractors shall pay not less than said specified Federal Wages to all workers employed by them in the execution of the Work under the Work Order. Contractor shall be responsible for using the correct and current Federal prevailing wage rates and for compliance with the provisions of 29 CFR Section 5.5. d. Payment of State Wages Required when Higher. Notwithstanding the provisions of Subsection c above, payment of State Prevailing Wage Rates when higher than Federal
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The VWD is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and the Work Order and shall be paid by Contractor and all subcontractors. Contractor shall be solely responsible for usin g 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. e. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contra ctor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours wo rked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under pena lty of perjury, stating both of the following:
i. The information contained in the payroll record i s true and correct; and ii. Contractor or the Subcontractor has complied wit h the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to VWD, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with L abor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within t he ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. f. Apprentices. Contractor shall comply with all ap plicable provisions of Labor Code Sections 1775.5 and 1777.6 relating to employment of apprentices on public works projects. Prior to commencing any Work hereunder, Contractor shall sub mit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the Project. Pursuant to Labor Code Section 1776, Contractor and its subcont ractor(s) shall provide and keep accurate payroll records, which shall be available for inspe ction by the Division of Labor Standards Enforcement of the DIR.
g. Notices. Pursuant to Labor Code section 1771.4, C ontractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX h. Other Labor Requirements. Contractor has the res ponsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations., and all other applicable State and federal 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. i. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows. (1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the VWD not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. (2) The Contractor or Subcontractor shall, as a penalty to the VWD, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to VWD Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
j. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. k. DIR Registration. Pursuant to Labor Code section s 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
l. Contractor is aware of and will comply with all t he provisions of Labor Code Section 1720.9 regarding the hauling and delivery of ready-mixed concrete to carry out a public works project. m. Contractor acknowledges that under Public Contrac t Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works Project under Labor Code Section 1777.1 or 1777.7 may bid o n, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work under this Work Order with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7.
Section 2. BOND REQUIREMENTS
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX a. Prior to execution of this Work Order by the VWD, Contractor shall provide a Faithful Performance Bond and a Payment (Labor and Materials) Bond, each in the penal sum of not less than one-hundred percent (100%) of the Work Order Firm Fixed Price. As a condition precedent to final completion, Contractor must further provide a warranty bond, in the amount of 10% of the final cost of the work covered by this Work Order for the Project, as a full guarantee for the one-year warranty requirement set forth in the Contract Documents. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from VWD, Contractor must substitute a surety acceptable to VWD. All surety bonds must be on forms approved by the VWD and issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with an AM Best’s Insurance Guide rating of no less than A- , VII.
b. Both the Performance and Payment bonds required under this Section shall contain the original notarized signature of an authorized officer of the Surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Work Order and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Work Order and pays all labor and materials for work and services under this Work Order c. VWD shall release the Performance and Labor Bonds when the following have occurred:
(1) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under the Contract Documents and this Work Order; (2) the Work has been accepted; and
(3) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, VWD shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
Section 3. INSURANCE REQUIREMENTS
a. Commercial General Liability Insurance. Contractor shall procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Commercial General Liability Insurance of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage arising out of or in connection with the operations of the Contractor, or its officers, employees, servants, volunteers, agents, subcontractors, and independent contractors in performing the Work under this Work Order. b. Commercial Vehicle Liability Insurance. Contractor shall further procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, agents and independent contractors in performing the Work required by this Work Order.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX c. Workers’ Compensation Insurance. Contractor shall procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Workers’ Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. If any of the Work is sublet, Contractor shall require its subcontractors to similarly to provide Worker’s Compensation Insurance for all such subcontractors’ employees, unless such employees are covered by the protection afforded by the Contractor.
(1) If any class of employees employed by Contractor pursuant to this Work Order 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 VWD.
(2) Contractor and its subcontractors shall be required to provide the VWD with a written statement acknowledging the obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861, which states that:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liabil ity for workers’ compensation or to undertake self-insurance in acco rdance with the provisions of that code, and I will comply with suc h provisions before commencing the performance of the work of this contract.
Execution of this Work Order satisfies the above requirement with respect to Contractor, but separate acknowledgments must be provided to the VWD by Contractor’s subcontractors. d. Course of Construction, Builders’ Risk, or Inland Marine Insurance. During the Time
of Performance specified in the Work Order, or any extension thereof, Contractor, and any of its subcontractors, suppliers, vendors, employees, or other person who is performing any work under this Work Order, shall purchase, and maintain insurance to the full Work Order Firm Fixed Price and insurable value thereof (commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy) that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by or for Contractor, which is to become part of the Project while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the jobsite from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or other person who is performing any work under this Work Order shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement in favor of the Victorville Water District. e. Pollution Liability Insurance. Contractor also procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Pollution liability insurance in accordance with the Contract Documents. f. Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the Victorville Water District and its officers, employees, servants, volunteers, agents and independent contractors, including the District Counsel, as Additional Insureds. g. Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the Victorville Water District and its
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. h. Insurer Qualifications; Proof of Insurance Coverage. Contractor shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Exhibit A and furnish to the VWD Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least ten (10) business days prior to the commencement of any Work to be performed under this Work Order.
i. Required Additional Endorsements. The following endorsements are required and shall be provided:
(1) All policies of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the VWD shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(2) The Commercial General Liability and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
j. Subcontractor Insurance . Contractor shall include all subcontractors as additional insureds under its policies or shall secure separate certificates and endorsements from each subcontractor. All subcontractor coverages shall be subject to all of the insurance requirements stated in this Exhibit A.
Section 4. PAYMENTS
a. In order to receive payments under this Work Order, Contractor shall be required to submit to the VWD monthly invoices in accordance with the provisions of this Section. Provided that Work has been satisfactorily performed, invoices shall be paid by the VWD approximately thirty (30) working days following receipt of Contractor’s invoice. b. On or about the first of each calendar month, Cont ractor 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. c. Upon approval by the VWD General Manager, or his/ her designee (the “ Project Manager”) of the Contractor's estimate of Work completed, the VWD will make a progress payment to the Contractor equal in amount to the approved estimate, less a retention of five (5) percent (5%), and less the total of all previous payments.
(1) Pursuant to Public Contract Code Section 22300, su bstitution of eligible equivalent securities for any funds withheld to ensure performance under this Work Order may be permitted at the request and sole expense of the Contractor. (2) Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request paym ent of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX d. In preparing estimates, the material delivered on the Project site, preparatory work done, and the cost of bonds and insurance paid may be taken into consideration. e. The making of any payment to Contractor under thi s Work Order shall not relieve the Contractor of its obligations hereunder. Contractor is obligated to complete the Work specified in this Work Order in its entirety and to deliver to the VWD such completed Work, finished product, or structure as is specified in this Work Order, at the time or times specified herein. Until this Work Order is fully performed by Contractor and the Work , product, or structure produced thereby is accepted by the VWD, 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 Work Order which may be damaged, lost, stolen, or otherwise injured in any way. f. If a notice to withhold is served upon the VWD pu rsuant to California’s lien statutes to withhold sufficient funds from payments to the C ontractor in support of a claim resulting from default by the Contractor in payment for labor or materials used in the execution of this Work Order (a “Stop Payment Notice”), the VWD will withhold from payments due to 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.
g. Contractor will be required, in requests for paym ent, to certify, under penalty of perjury, the following:
(1) No workers were required or permitted to work more than eight (8) hours in any one calendar day, except in cases of emergency, and except as provided by law. (2) Not less than the prevailing wage rates, as set forth in this Work Order, have been paid to all laborers, workers, and mechanics employed to perform the Work on this Project. (3) There were no substitutions of subcontractors, no assignment or transference of subcontractors, except as approved by the Project Manager. (4) All of the provisions of the Contract Documents and applicable laws pertaining to non- discrimination in employment have been complied with.
h. Proof of Payroll Submission and Lien Releases. The VWD shall make progress payments only upon receipt of payment requests submitted by Contractor, which have been properly completed and submitted in accordance with the provisions of this Section 4 and are otherwise in compliance with the provisions of this Exhibit A. Contractor and subcontractors on all public works projects must use the California Department of Industrial Relations (“DIR”) Electronic Certified Payroll Reporting system to furnish certified payroll records (CPRs) to the Labor Commissioner. For more information, please go to www.dir.ca.gov under Labor Law Public Works. Proof of CPR submission and appropriate lien releases are required with each invoice to the VWD. Payment of the invoice may be delayed when CPRs and/or lien releases are not included with the Contractor’s invoice.
i. If payments are to be made for materials or equip ment not incorporated in the Work, but delivered and suitably stored at the Project site, or at some other location agreed upon in writing with the VWD, such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the VWD to establish the VWD's title to such materials or
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX equipment or otherwise protect the VWD's interest, including applicable insurance and transportation to the Project site.
j. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by a request for payment will pass to the V WD upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances and that no title to Work, materials, or equipment covered by a request for payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment on the Project.
Section 5. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the VWD. Nothing in this Work Order shall be interpreted or construed as creating or establishing the relationship of employer and employee between the VWD and Contractor or any employee or agent of Contractor. Both Parties acknowledge that Contractor is not an employee for state or federal tax purposes or any other purpose.
Section 6. NOT AGENT OF THE DISTRICT
a. Nothing contained in this Work Order shall be deemed, construed, or represented by the VWD or Contractor or by any third person to create the relationship of principal and agent. b. Contractor shall have no authority, express or implied, to act on behalf of the VWD in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind the VWD to any obligation whatsoever.
Section 7. TIME OF THE ESSENCE; LIQUIDATED DAMAGES; DELAYS a. Time is of the essence in the performance of this Work Order. b. Contractor shall be responsible for ensuring that the Work specified in this Work Order is completed within the Time of Performance specified in the Work Order. (1) Contractor shall pay to the VWD the amount of Twenty-Five Thousand Dollars ($2,500) for each day’s delay or fraction thereof in completing the Work described herein (as such may have been modified by the VWD in approved Change Orders or by supplemental agreement of the Parties thereof) in excess of the Time of Performance specified in the Work Order as liquidated damages. VWD may deduct the sum of liquidated damages from any monies due or that may become due Contractor; or if such monies are insufficient, Contractor or its Surety shall pay to VWD any deficiency. The accrual of liquidated damages will terminate on the date substantial completion is granted, but shall not bind the VWD to final acceptance of the Project.
(2) The liquidated damages specified herein do not include any penalties. Contractor and VWD acknowledge that the amount of liquidated damages set forth herein represents a good faith estimate as to the actual potential damages VWD would incur as a result of the late completion of the Work, or portion thereof. The remedies specified herein
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX are not exclusive and are in addition to other rights and remedies provided by law or stipulated under the Contract Documents.
(3) Liquidated damages shall not apply for delays which may result from causes beyond the control and without the fault or negligence of the Contractor including acts of God, or of the public enemy, acts of the Government, acts of the VWD, acts of another contractor in the performance of a contract with the VWD, fire, flood, epidemics or strikes, provided that Contractor shall within ten (10) business days of the commencement of such delay or Contractor first becoming aware of such delay, whichever is later, notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay and extend the Time of Performance by Change Order for the period of the enforced delay, when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Work Order, provided that Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.
In no event shall Contractor be entitled to recover damages against the VWD for any delay in the performance of the Work specified in this Work Order, however caused, Contractor’s sole remedy being extension of the Time of Performance pursuant to this Section.
(4) Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
Section 8. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the VWD, 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 Agreement, 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 VWD, 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 VWD, 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
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX the VWD, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the VWD, 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 VWD, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the VWD, 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 VWD; (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. VWD will timely notify Contractor upon receipt of any third-party claim relating to the Agreement, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Agreement.
Contractor shall require the same indemnification from all S ubcontractors. c. Acceptance of Insurance. The VWD does not and shall not waive any rights that it may have against Contractor under this Section, because of the acceptance by the VWD, or the deposit with the VWD, of any insurance policy or certificate required pursuant to this Work Order.
The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. Third Party Claims. VWD will timely notify Contractor upon receipt of any third- party claim relating to this Work Order, as required by Public Contract Code Section 9201.
Section 9. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Work Order, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the VWD of Victorville Amendments to the Standard
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Specifications for Public Works Construction (the “SSPWC Special Provisions”) which SSPWC Special Provisions are attached as Part III of this Exhibit A). (1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).
b. For disputes or claims that do not constitute Public Works Claims, VWD and Contractor agree to comply with 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 subparagraph (5) of this Subsection and other applicable provisions and laws.
(4) The alternative dispute resolution process set forth herein is a material condition to the Work Order and must be exhausted as an administrative remedy prior to either Party initiating legal action.
(5) Compliance with VMC 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 again the VWD.
Section _10. LAWS AND SPECIFICATIONS; GRANT REQUIREMENTS a. General. In performing the Work, Contractor shall comply with the requirements of all federal, state, and local authorities having lawful jurisdiction over the Project. Contractor shall perform the construction Work in accordance with all applicable requirements of the VMC; the City of Victorville Standard Specifications for Public Improvements; the Standard Specifications for Public Works Construction (SSPWC) 2021 edition (the “Greenbook”), the SSPWC Special Provisions (attached as Part III to this Exhibit A), the Project plans provided by the VWD; and all building codes and regulations relating to the construction of the Project, including environmental standards, fire and safety regulations and requirements, and compliance with all other applicable standards and codes. The provisions of this Exhibit A shall control over the provisions of the Greenbook and the SSPWC Special Provisions in the event of a conflict.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX b. Homekey Program Requirements. Contractor has been advised and acknowledges that the Project is being funded with Homekey Program Round 2 Grant Funding.
In the performance of the Work, Contractor agrees to comply with the requirements of said Program, including, but not limited to, the following:
(1) Contractor shall ensure that any Project design required by this Work Order and all construction Work conforms with the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act, Title II.
In addition, Contractor shall ensure that any Project design and construction Work complies with either the Uniform Federal Accessibility Standards (UFAS) standards, 24 C.F.R. Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo").
Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the Project and be available in a sufficient range of sizes and amenities consistent with 24 CFR part 8.26. (2) Contractor shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and the U.S. Department of the Treasury’s implementing regulations at 31 CFR Part 22; the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.).
(3) During the performance of this Work Order (contract), Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the California Department of Housing and Community Development (the awarding state agency) to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX (4) Contractor shall comply with the requirements of 2 CFR § 200.321 - Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. If subcontracts are to be let under this Work Order (contract), Contractor is required to submit a Small and Minority Businesses, Women's Business Enterprise (S/M/WBE) and Local Surplus Area (LSA) Firm Outreach Plan within 30 days of contract execution to the VWD for approval at
[email protected] (attached in
Part IV of this Exhibit A). The VWD will accept the S/M/WBE and LSA Firm Outreach Plan or offer recommendations to ensure S/M/WBE and LSA Firm Outreach Plan includes all necessary affirmative steps to meet the intent of 2 CFR § 200.321.
Contractor to revise S/M/WBE Outreach Plan to incorporate VWD input as applicable.
Upon the VWD’s acceptance of the S/M/WBE and LSA Firm Outreach Plan, contractor to submit update to the VWD quarterly. S/M/WBE and LSA Firm Outreach Plan update should include efforts taken within the period to assure that minority businesses, women's business enterprises, and labor surplus area firms were utilized when possible.
c. Other Federal Requirements. As the Work required under this Work Order may be considered Federally-assisted, or may become part of a project that has other Federally- assisted components, compliance with the provisions of General Terms and Conditions Section XIX, “UNITED STATED FEDERAL REQUIREMENTS” of the Contract Documents is required, including without limitation the labor standards provisions set out in 29 CFR Section 5.5, and the Equal Opportunity clause set forth at 41 C.F.R. §60-1.4(b).
Section 11. TERMINATION OF WORK ORDER FOR CONVENIENCE AND DEFA ULT a. Termination for Convenience. The VWD may, by pro viding ten (10) days' advance written notice to Contractor, terminate this Work Order in whole or in part, whenever the VWD shall determine that such termination is in the best interests of the VWD, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the VWD. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Work Order is terminated, and the date upon which such termination becomes effective. (1) Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
i. Immediately discontinue the Work to the extent sp ecified in the notice. ii. Place no further orders or subcontracts for mate rials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
iii. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
iv. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
(2) Upon such termination, the Contractor will be paid without duplication for:
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX i. Work completed in accordance with the Contract Do cuments prior to the effective date of the Notice of Termination for Convenience;
ii. Reasonable costs incurred in settlement of terminated contracts with subcontractors, suppliers and others; and
iii. Reasonable expenses directly attributable to termination. (3) Contractor shall submit a final termination settlement proposal to the VWD no later than ninety (90) days from the effective date of termination, unless extended in writing by the VWD, upon written request by the Contractor. If the Contractor fails to submit a proposal, the VWD may determine the amount, if any, due the C ontractor as a result of the termination. The VWD will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the VWD as being reasonable, the Contractor shall provide notice to the VWD with in thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
(4) Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Work Order and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section. b. Termination for Default. The VWD may terminate this Work Order for Contractor’s default as set forth in this Subsection.
(1) The VWD will consider the Contractor in default of this Work Order if, prior to the VWD’s acceptance of the Work, the Contractor:
i. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work,
ii. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion,
iii. disregards written instructions from the VWD or materially violates provisions of the Contract Documents,
iv. fails to prosecute the Work according to the schedule approved by the Project Manager,
v. disregards laws or regulations of any public body having jurisdiction, or vi. commits continuous or repeated violations of regulatory or statutory safety requirements.
(2) Notices, and other written communications regarding default between the Contractor, the VWD, and the Surety shall be transmitted in accordance with Section 12 of this Exhibit A.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX (3) Notice and Opportunity to Cure. The VWD will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the VWD will consider the Contractor in default of this Work Order and:
i. will terminate the Contractor’s right to perform under this Work Order by issuing a written notice of termination for default to Contractor and its Surety; and ii. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
iii. may furnish labor, equipment, and materials the VWD deems necessary to secure and maintain the Work site
c. Provisions Remaining in Effect. Upon any termination pursuant to this Section 11, the provisions of the Contract Documents remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. The provisions of this Section 11 shall be in addition to all other legal rights and remedies available to the VWD.
Section 12. NOTICES
a. Any notice to be provided pursuant to this Work Order shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
If to VWD: Keith Metzler
General Manager/Project Manager
Victorville Water District
14343 Civic Drive
Victorville, CA 92392
If to Contractor: Angeles Contractor, Inc.
783 Phillips Drive
City of Industry, CA 91748
Attn: Jay Kwon
______________________
If to Surety: ______________________
______________________
______________________
______________________
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. Either Party may change such address by providing written notice of such new address to the other.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Section 13. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES No officer or employee of the VWD shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the VWD or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Work Order.
Section 14. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Work Order and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Work Order based on such consultation.
Section 15. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Work Order shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Work Order shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Work Order.
Section 16. ASSIGNMENT AND SUCCESSORS
a. This Work Order shall be binding upon and inure to the benefit of the successors, endorsees, permitted assigns, heirs, and personal representatives of each of the Parties to this Work Order.
b. Contractor may not assign its rights or obligations under this Work Order, in part or in whole, without the concurrence of the surety and the express written consent of the VWD, which may be withheld in the VWD’s sole discretion since the experience and qualifications of Contractor were material considerations for this Work Order. This Work Order may be assigned by VWD with the prior written consent of Contractor.
Section 17. GOVERNING LAW
The validity of this Work Order and any of its terms or provisions, as well as the rights and duties of the Parties under the Contract Documents, shall be construed pursuant to and in accordance with California law.
Section 18. UNFAIR BUSINESS PRACTICES CLAIMS
In entering into this Work Order, Contractor offers and agrees to assign to the VWD 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. § 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,
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX services or materials related to this Work Order. This assignment shall be made and become effective at the time
the VWD renders final payment to the Contractor without further acknowledgment of the Parties.
Section 19. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Work Order, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 20. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Work Order and all proceedings involving any enforcement action related to this Work Order shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 21. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Work Order, or as a result of any alleged breach of any provision of this Work Order, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 22. EFFECTIVENESS OF WORK ORDER
This Work Order shall not be binding upon the VWD, until signed by the authorized representative(s) of Contractor, approved by the VWD’s Risk Manager and the VWD’s legal counsel, and executed by the authorized VWD personnel or the VWD Chairman of the Board.
Section 23. REPRESENTATIONS OF PARTIES/PERSONS EXECUTING WORK ORDER a. Each of the Parties to this Work Order hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Work Order a binding obligation of each of the Parties hereto.
b. The persons executing this Work Order warrant that they are duly authorized to execute this Work Order on behalf of and bind the Parties each purports to represent.
Section 24. BOOKS AND RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the work and services required by this Work Order and enable the VWD’s Project Manager to evaluate the cost and the performance of such work and services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX c. VWD’s Project Manager, the State Department of Housing and C ommunity Devel
opment, the State Department of General Services, the Bureau of State Audits, duly authorized federal entities as set forth in 2 CFR section 200.337, or their designated representatives, shall have full and free access to such books and records during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such records, and to allow interviews of any employees who might reasonably have information related to such records.
d. Records and supporting documents pertaining to the use of funds paid to
Contractor
hereunder shall be retained by Contractor and made available to Project Manager and the entities specified in subdivision c above, or their designated representatives, for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Work Order or the termination thereof, whichever occurs later.
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Part II
General Federal Wage Decision
[to be attached]
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Part III
SSPWC Special Provisions
[to be attached]
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Part IV
S/M/WBE and LSA Firm Outreach Plan
[to be attached]
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX Contract Number: ______________
Contractor: _____________
Submittal #: _____________
S/M/WBE and LSA Firm Outreach Plan
In this section, the Contractor is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE) and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.
1. Identify the items of work made available to S/M/WBEs and LSAs. Provide a description o f the
work
items, approximate dollar amount and the percentage of the total Work Order (contract) value
Description of Work Item
Contractor
Normally
Performs (Y/N)
Unbundled from Larger
Scope (Y/N)
If Yes, List Scope
Amount ($) Percentage
of Contract
2. Describe the outreach efforts to identify S/M/WBEs and LSAs on this Work Order (contract), l ist age
ncies/associations/databases consulted and the date, method and result of the outreach efforts (exampl
es include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Smal
l Business Development Centers, DGS).
Agency/Association/Ch
amber/Database Name
Contact
Name
Method of Outreach
(Fax, Email, Phone,
etc.)
Date of
Outreach
Response/Outcome
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX
3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEs and LSAs were solicited and had sufficient information about subcontracting opportunities on this Work Order (contract). Include the date and method of the outreach efforts.
S/M/WBE and
LSA Firm Name
Contact
Name/Title
Business Type
(Small/Minority
/Women)
Method of
Outreach
(Fax, Email,
Phone, etc.)
Date of Initial
Outreach Date of
Follow-Up
Response/Inte
rested in
Bidding (Y/N)
Detail methods utilized to determine whether S/M/WBEs and LSAs were qualified:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
4. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEs and LSAs on this Work Order (contract). Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEs and LSAs.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
5. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Work Order (contract) to promote S/M/WBE and LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEs and LSAs would be performing.
______________________________________________________________________________ ______________________________________________________________________________
EXHIBIT A
P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\902.2-WATER DISTRICT - EXHIBIT A ADDITION OF CONTRACT TERMS TO WORK ORDER (ACI) REVISED 03.16.22.DOCX ______________________________________________________________________________ ______________________________________________________________________________ Note: USE ADDITIONAL SHEETS NECESSARY TO DEMONSTRATE RESPONSIVENESS. 1 Exhibit B
March 10, 2022
The following provisional language is provided as additional terms & conditions to the Sourcewell Indefinite Delivery-Indefinite Quantity Construction Contract, Contract Number: CA-R 8-GB06-123021-ACI for the Victorville Wellness Center project for the Victorville Water District, a County Water District and subsidiary District of the City of Victorville, to be awarded and performed by Angeles Contractor Inc.
The Contractor is hereby informed and agrees that approval of this proposal is issued as “provisional.” Because of the urgenc y to present this project for approval to m eet an expedit ed project com pletion deadline, this provisional proposal is only intended to represent the major elements of the project as described herein with the information available at this time. The normal ezIQC review process will still ensue. The Contractor is required to build an accurate, defendable proposal within eGordian that is a true representation of the scope of work. All Construction Task Catalog (CTC) Line Items will be reviewed for appropriateness and accuracy, and the cost proposal will be reviewed for com pleteness of scope. The provisional proposal presented herein will be reconciled against the future proposal created and approved by the Owner as part of the normal ezIQC review process. The Owner in no way guarantees issuance of full funds indicat ed on this provisional proposal to the Contractor. All CTC Line Items det ermined to be appropriate or inappropriate following the proposal review process shall be addressed and reconc iled in a future supplemental and, if necessary, a c redit issued to Owner or additional payment to the Contractor. By signing this document, Contractor and Owner acknowledge and accept the terms of this provisional proposal.
Please note that as it pertains to the Sourcewell’s Indefinite Delivery-I ndefinite Quantity Construction Contract, Contract Number: CA-R 8-GB06-123021-ACI Section I D. states the entities Purchase order is the priority precedence in the contract documents, and the second priority in the contract docs are the standard specifications of the entity. Section III. A. states that if the Purchase order may specify additional standards that are different or stricter than a particular law, code or regulation, the purchase order will control.
ATTACHMENT B
Sourcewell ezIQC Executive Summary
& User Agency List
501
1 ezIQC EXECUTIVE SUMMARY
e
zIQC® is a unique Indefinite Delivery, Indefinite Quantity (IDIQ) procurement process that helps public facility and infrastructure owners complete many projects through a single competitive bid process conducted in accordance with California statutes. Unlike traditional bidding where each project is identified, designed and then put out to bid separately, ezIQC achieves competitively bid pricing up front and eliminates the need to separately bid each project. In other words, the contract is awarded based on competitively-bid pricing, so that projects under the contract can proceed swiftly on an as needed basis.
The Contract
Sourcewell is a government agency that connects public entity buyers with suppliers including general and trade-specific contractors for the purchasing of construction services. Sourcewell construction contracts, called ezIQC, are competitively-bid IDIQ contracts awarded to contractors to accomplish the repair, alteration, modernization, and rehabilitation of infrastructure and buildings. Sourcewell introduced ezIQC in 2008 and the contracts have been used by public agencies, across various construction sectors, and throughout the country for nearly $2B in construction volume since inception.
G
ordian responded to an RFP for consulting services from Sourcewell and was subsequently awarded a contract to administer the ezIQC program for Sourcewell members around the country. ezIQC contracts are backed by the most sophisticated construction cost data in the world, provided by Gordian. ezIQC contracts also benefit from the significant software and technical services established by Gordian over decades of developing best practices for IDIQ construction procurement. Some Sourcewell members are California city and county governments, and Gordian serves those members.
Be
low is a brief history and summary of the ezIQC program:
• C urrently Sourcewell has over 350 ezIQC Contracts across all sectors of construction including general and trade specific contracts in 16 states.
• As a government agency, Sourcewell facilities the entire competitive bid procurement process from advertisements to award.
• Projects have ranged in size from very small, simple door replacements to very large, complex repair or alterations.
• Contracts are bid and awarded at a local level using construction data, software and administrative oversight of Gordian. Contract documents include:
o Project Information, Instructions to Bidders and Execution Documents o IDIQ Standard Terms and Conditions and Contract General Conditions o Construction Task Catalog® (CTC) – Local Labor, Material, Equipment o Technical Specifications and Local Prevailing Wage Rates by California County 502
2 Sourcewell/ezIQC Project Development Services:
ezIQC includes a service delivery web portal for initiating, dispatching and ultimately tracking participating members satisfaction of ezIQC project service requests. To initiate a project, the participating entity enters a project request at www.eziqc.com.
A
s part of the Sourcewell ezIQC program, Gordian’s Account Managers perform services necessary to support the completion of the ezIQC proposal when requested by Sourcewell members. Each proposal follows the same simple process:
P
roject Identification: When a project is identified, Gordian will contact the member and assist with determining the initial details of the project scope and identifying how to best get project initiated.
C
ontractor Identification: Gordian will help the member identify the appropriate ezIQC contractor for the project based on the type of work involved and the location of the project. Gordian will monitor the performance of the ezIQC contractor.
J
oint Scope Meeting: You, the contractor and a Gordian Account Manager will meet at the project site to discuss the proposed project, the schedule, required permits, inspections and all other aspects of the work.
This meeting allows the contractor to inspect the site and ask questions before submitting the appropriate prices from the Construction Task Catalog (CTC), helping to eliminate the misunderstandings and mistakes that lead to most change orders.
D
etailed Scope of Work: After the Joint Scope Meeting, a Gordian Account Manager assists the member in preparing a Detailed Scope of Work that describes the work the contractor will perform. The member sends this Detailed Scope of Work to the contractor.
Pr
ice Proposal: The contractor prepares a Price Proposal by selecting the appropriate tasks from the CTC based on the owner approved Detailed Scope of Work. Costs are determined through this straightforward equation:
Ta
sk Unit Price x Required Quantities x Contractor’s Competitively-Bid Adjustment Factor The contractor submits the Price Proposal along with a construction schedule, list of proposed subcontractors and other required documents.
P
rice Proposal Review: A Gordian Account Manager reviews the Price Proposal ensuring the contractor selected the appropriate tasks and quantities. After Gordian’s review the contractor makes any required changes and submits the Price Proposal to the member for final review and approval.
P
urchase Order Issued: Once the member is satisfied with the price, schedule and other required information, the member may issue a Purchase Order to the contractor to complete the Detailed Scope of Work within the approved construction schedule for the price submitted. Inspections and submittals follow the member’s standard process. Certified payroll records, if required, will be submitted with applications for payment. 503
3 Construction: Site inspections and construction management may be performed by your construction managers, or selected as an additional service provided by Gordian, and will follow your standard process. If necessary changes arise, the member has the flexibility to change the scope of work with ezIQC via a supplemental or deductive Job Order. Changes are priced using the preset unit prices in the CTC for your specific area. There is no need to negotiate change orders, only to verify the correct CTC tasks were chosen and the Unit of Measure (UOM) used for each task. Contractors are performance based and motivated to provide a high-quality project, as the opportunity for future work is tied to their current performance.
Review and Maintenance of Contracts
Sourcewell contracts are reviewed annually for their effectiveness. Sourcewell contracts are written for multiple terms and are subject to annual bi-lateral renewals based on owner reviews. As a result, Sourcewell provides a simple, structured and well documented procurement contract to create a seamless process for all its member procurement needs. Sourcewell understands this procurement option must meet or exceed any client project expectations and provide a value to any members growing construction procurement needs. ezIQC Benefits to Sourcewell members:
• Immediate access to local, competitively-awarded construction contracts • Expert review of Price Proposals
• Assistance with Detailed Scope of Work development
• Streamlined change order process (if required)
• Readily available pre-qualified contractors
• Simple project initiation
• Preset and transparent construction pricing
• Time savings
• Price certainty
• Reduced procurement and administrative costs
• Price Proposal accuracy
504
4 • Increased cost control
• High-quality work
Summary
It is important to note Sourcewell ezIQC contracts are procured differently than other national cooperative offerings. These contracts are bid at a local level in order to comply with the applicable jurisdictional requirements, and encourage local contractor participation. The Construction Task Catalog prices are based off local prevailing wage rates as specified by the California Department of Industrial Relations (DIR), and locally researched material and equipment costs. Contractor awards are made to the lowest responsive, responsible bidder. Many government agencies in California and throughout the country are using this process as an alternative to the traditional bid process. This solution is also not designed to replace the traditional bid process but can be utilized to create an additional efficient option in the procurement of construction services. 505
Updated 3.16.22
ez
IQC California
Sourcewell member/ezIQC user agency list
Cities
• Anaheim
• Arcadia
• Atherton
• Bakersfield
• Benicia
• Beverly Hills
• Canyon Lake
• Compton
• Corona
• Covina
• Culver City
• El Monte
• Fresno
• Fullerton
• Glendora
• Greenfield
• Inglewood
• Irvine
• La Palma
• Laguna Beach.
• Marina
• Mission Viejo
• Montebello
• Newport Beach
• Orinda
• Palmdale
• Pico Rivera
• Pinole
• Pomona
• Port Hueneme
• San Fernando
• San Leandro
• Sand City
• Santa Barbara
• Santa Clarita
• Santa Cruz
• Santa Maria
• Seal Beach
• Victorville
Counties
• Merced
• Orange
o Parks Department
o Public Works
• Riverside
o Facilities Management
o Sheriff’s Department
• Placer
• San Benito
• Tuolumne
• Tulare
• Sutter
• Yuba
Special Districts/Agencies
• Area Housing Authority, County of Ventura
• Bakersfield Homeless Center
• Buena Park Library District
• Carpinteria Sanitary District
• Casitas Water District
• Coachella Valley Water District
• Desert Recreation District
• Inland Empire Health Plan
• Inland Empire Utilities Agency
• Las Virgenes Municipal Water District
• Paradise Recreation and Park District
• Port of Hueneme
• San Diego Housing Commission
• San Gabriel Valley Council of Governments
• Sanitation Districts of LA County
• South Coast Water District
• V
ista Irrigation District
• West Basin Municipal Water District
1 1
8 3
7 ATTACHMENT C
Gordian - California Homekey-funded Projects
436
1 | Page
California Homekey funded projects via Gordian
IDIQ / JOC project list
• Project Homekey (PHK) Commerce
• Brief scope: ADA improvements
• $375,862.54, awarded 7/20/21
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Willow Tree Inn Interim Repairs
• Brief scope: Fire and Electrical improvements
• $42,353.96, awarded 12/24/20
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Long beach interm repair
• Brief scope: Fire and Electrical improvements
• $21,930.64, awarded 4/20/21
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Long beach west interim housing repair
• Brief scope: Fire and Electrical improvements
• $41,070.58, awarded 12/23/20
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Whittier Motel 6 Phase 1 interim repairs
• Brief scope: Fire and Electrical improvements
• $39,085.93, awarded 12/23/20
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Whittier Motel 6 fire system
• Brief scope: Fire and Electrical improvements
• $9,305.33, awarded 12/22/20
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Norwalk Motel 6 interm housing repairs
• Brief scope: Fire and Electrical improvements
• $34,398.04, awarded 12/22/20
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK M6 Compton East Travel Plaza Interim Repairs
• Brief scope: Fire and Electrical improvements
• $41,337.81, awarded 3/2/21
• Awarding agency: LA County DPW JOC
2 | Page
• Contractor: MTM Construction, Inc.
California Homekey funded projects via Gordian
IDIQ / JOC project list continued
• PHK Harbor City
• Brief scope: Fire and Electrical improvements
• $35,504.83, awarded 2/24/21
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK M6 Hacienda Hts Interim Repairs
• Brief scope: Fire and Electrical improvements
• $31,866.83, awarded 2/24/21
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• PHK Baldwin Park Motel 6
• Brief scope: Fire and Electrical improvements
• $75,086.04, awarded 2/1/21
• Awarding agency: LA County DPW JOC
• Contractor: MTM Construction, Inc.
• Bridgehouse Pallet Village
• Brief scope: Earth work and roof repairs
• $98,619.00, awarded 6/2/21
• Awarding agency: County of Santa Barbara JOC
• Contractor: Newton Construction
• Casa del Temporal
• Brief scope: Earth work and tie in of existing utilities to new • $72,509.16, awarded 11/16/21
• Awarding agency: County of Santa Barbara JOC
• Contractor: Quincon, Inc.
ATTACHMENT D
Angeles Contractor, Inc. Brochure
506
www.angelescontractor.com
Aloft Hotel Buena Park
Fairvalley High School Trade Center
CGV Cinemas
4 ACI is experienced with a full range of public and private project types.
We understand the unique needs and drivers of a variety of facility improvements and new construction projects. Our team is familiar with the newest approaches, materials, and technologies to deliver a quality facility that meets our clients’ needs for the years to come. We are involved with projects in the following industries:
Hospitality
Hotel and resort guests expect the highest quality experience and amenities for their visits. ACI can deliver a well-built facility on an aggressive schedule to match your guests’ expectations. Marriott Courtyard – Santa Cruz, CA
Aloft Hotel – Buena Park, CA
Hotel Live – Los Angeles, CA
Commercial
ACI has completed both new construction and renovations for a variety of privately-owned projects, including entertainment, sports, and religious facilities. We bring flexible and innovative approaches to deliver projects that are tailor-made to the needs of owners and users. CGV Cinemas – Buena Park, CA
Bodies & Titanic Premier Exhibition Center – Buena Park, CA Rose Bowl Renovation and Improvement – Pasadena, CA
Sa-Rang Community Church – Anaheim, CA
New Life Vision Church – Glendale, CA
K-12 Education
ACI has the experience to safely and efficiently deliver K-12 school construction and improvement projects to meet the changing educational needs of students.
Pakuma K-8 School – San Bernardino, CA
Dominguez Elementary School (Burbank II) – San Bernardino, CA Indian Springs High School – San Bernardino, CA
Santa Ana High School Classroom Building – Santa Ana, CA Fairvalley High School Trade Center – Covina, CA
Industry Sectors
25 Modernization
of iconic Southern
California sports
facility
Rose Bowl Renovation
and Improvement
Pasadena, CA
ACI performed this time-sensitive project remodeling the historic Rose Bowl. The work included new signage, lighting, and seating; the remodel of several structures; and new site buildings. ACI performed the work while the facility was being used; the site was kept clean and safe for the public.
We completed the project in time for the international soccer season. ACI received a commendation from the City of Pasadena for achieving local hiring and financial benefit targets.
Project Owner: Rose Bowl Operating Company
Completed: May 2011
Walter Shirley, SVP - 714.709.3055, [email protected] Roy Cho, Director - 714.306.1390, [email protected] Contact | ANGELES CONTRACTOR, INC.
783 Phillips Drive, City of Industry, CA 91 748
TEL: 626 .923.3800 | FAX: 626 .923 .3801
SERVICES
ABOUT ACI
Design-Build
Preconstruction
Construction Management
General Contracting
Cost Estimating
Value Engineering
Established in 1998
Incorporated in 2005
$500M Aggregate Bonding Capacity
0.62 EMR
PROJECTS
Multi-Family
Hospitality
Health Care
Commercial
Institutional
Industrial
Athletic
Civic
507
SpringHill Suites
Paakuma K-8 School
Highland Apartment
Hospitality
Hotel and resort guests expect the highest quality experience and amenities for their visits. ACI can deliver a well-built facility on an aggressive schedule to match your guests’ expectations. SpringHill Suit
es – Fremont, CA
Cambria Hot
el – Los Angeles, CA
Hot
el Alviso – San Jose, CA
Commercial
ACI has completed both new construction and renovations for a variety of privately-owned projects, including entertainment, sports, and religious facilities. We bring flexible and innovative approaches to deliver projects that are tailor-made to the needs of owners and users. C
GV Cinemas – Buena Park, CA
Car
son Arts Colony Low Income Housing – Carson, CA
R
ose Bowl Renovation and Improvement – Pasadena, CA
Highland Apartmen
t – Highland, CA
Ne
w Life Vision Church – Glendale, CA
K-12 Education
ACI has the experience to safely and efficiently deliver K-12 school construction and improvement projects to meet the changing educational needs of students.
P
aakuma K-8 School – San Bernardino, CA
Villa P
ark HS Interim Housing & Science Center – Villa Park, CA Indian Springs HS Aqua
tic Center – San Bernardino, CA
T
emple City High School – Temple City, CA
El Modena HS Scie
nce Center – Orange, CA
ACI is experienced with a full range of public and private project types. We understand the unique needs and drivers of a variety of facility improvements and new construction projects. Our team is familiar with the newest approaches, materials, and technologies to deliver a quality facility that meets our clients’ needs for the years to come. We are involved with projects in the following industries:
Industry Sectors
508
Inland Empire Health Plan (IEHP)
Santiago Canyon College Science Center
Arrowhead Regional Medical Center
Higher Education
To meet the increasing demand for post-secondary education, ACI has helped many colleges and universities improve their facilities and expand their campuses to respond to the growing student population. San
tiago Canyon College Science Center – Orange, CA
UCLA Rieber Dining Hall – Los Ang
eles, CA
Long Beach Colleg
e PCC Building – Long Beach, CA
Civic
Local municipalities provide critical public safety, transportation, and r
ecreational services. ACI has extensive experience working with cities and counties on a variety of projects to help support their communities.
Anaheim Cen
tral Library – Anaheim, CA
Long Beach Bik
e Station – Long Beach, CA
Departmen
t of Health Services Auditorium – Los Angeles, CA
Coun
ty of Riverside Public Defenders Office – Riverside, CA Buena P
ark Police Department – Buena Park, CA
Inland Empir
e Health Plan (IEHP) – Rancho Cucamonga, CA
Medical
Continued innovation in the medical field drives the need for new or improved facilities to support patient care. ACI has delivered projects to support both clinical and administrative functions in the medical industry.
Arr
owhead Regional Medical Center – Colton, CA
North E
ast Community Clinic – Wilmington, CA
Martin Luther King Hospit
al – Los Angeles, CA
Harbor
-UCLA Medical Center – Torrance, CA
LA
C+USC Mental Health – Los Angeles, CA
509
CORPORATE OFFICE
REGIONAL OFFICE
CITY OF INDUSTRY
783 Phillips Drive, City Of Industry, CA 91748
Phone: 626.923.3800 l Fax: 626.923.3801
[email protected]
SAN JOSE
2055 Junction Avenue, Suite 110, San Jose, CA 95131
Phone: 408.260.6242 l Fax: 408.273.6813
[email protected]
Always Committed to Integrity
510