City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, December 6, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Evangelist Debbie Bennett of Friendly Temple Church of God & Christ
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Award of Construction Contract – Guardrail Project
Recommendation:
That the Honorable City Council:
(1)
Adopt
Resolution
No.
22-122
to
amend
the
Fiscal
Year
2022/2023
budget
appropriating
$469,890.00
from
a
Highway
Safety
Improvement
Program
(HSIP)
grant;
(2) Approve the Notice of Exemption; and
(3)
Award
a
construction
contract
to
Danny
C.
Hubbs
Construction
Inc.,
in
the
amount of $758,175.00 for the Guardrail Project.
2. Award
of
Construction
Contract
–
Old
Town
Sidewalk
Connectivity
Project
–
Phase
1 Recommendation:
That the Honorable City Council:
(1)
Approve
the
Notice
of
Exemption
for
the
Old
Town
Sidewalk
Connectivity
Project
– Phase 1; and
(2)
Award
a
construction
contract
to
LCR
Earthwork
&
Engineering,
Corp.,
in
the
amount of $775,879.00 for the Old Town Sidewalk Connectivity Project – Phase 1.
3. Introduction
of
City
Council
Ordinance
No.
2433
repealing
and
amending
various
chapters and sections of Title 8 (Fire) of the Victorville Municipal Code
Recommendation:
That Your Honorable City Council:
(1)
Open
and
conduct
a
public
hearing
to
receive
citizen
comments
regarding
Ordinance No. 2433 and the Municipal Code Amendments included therein; (2) Introduce Ordinance No. 2433 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2433 CONSENT CALENDAR
4. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
4A
for
Payroll
Period
September
30,
2022,
through
October
14,
2022,
in
the
amount
of
$1,851,199.33
covering
Check
Nos.
33114
through
33134,
including
Vendor
checks.
Please
note
employee
Check
No.
33123
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
293284
through
293755,
per
adopted
budget
for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
5. Second Reading of Ordinance No. 2432
Recommendation:
That
the
City
Council
adopt,
by
second
reading,
Ordinance
No.
2432
approving
various
amendments
to
Chapter
5 of
Title
16 of
the
Victorville
Municipal
Code
to
adopt
State
of
California
mandated
2022
Title
24 Building
Codes
and
other
standards;
update
sections
to
reference
the
City’s
recently
adopted
Master
Fee
Schedules; and revise sections relating to Development Impact Fees.
6. Commercial Demand Schedule No. 10
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
10 in
the
amount
of
$11,722,698.43,
covering
Electronic
Fund
Transfers
No.
332393
through
332618
and
Warrant
No.
787971
through
788240
for
10/27/2022
through
11/16/2022
and
Wire
Transfers
dated
11/04/2022,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30,
2023.
7. Notice of Completion – Seventh Avenue and Arrowhead Drive Road Improvement
Recommendation:
That
the
Honorable
City
Council
accept
as
complete
and
approve
the
Notice
of
Completion
for
the
Seventh
Avenue
and
Arrowhead
Drive
Road
Improvement
project.
8. Gas
Facilities
Contract
–
Lot
19 and
Lot
44 Electric
Facilities
Contract
–
Lot
43A,
Lot 43B and Lot 44
Recommendation:
That
the
Honorable
City
Council
accept
and
approve
the
following
Facilities
Contracts
and
authorize
execution
by
the
City
Manager:
Gas
Facilities
Contract
with
Prologis,
Inc.
for
Lot
19 and
Lot
44 Electric
Facilities
Contract
with
Prologis
Inc.
for
Lot 43A and Lot 44 Electric Facilities Contract with Faring Capital for Lot 43B
9. Substitute of Surveyor of Record for Tract Map No. 18100
Recommendation:
That
the
Honorable
City
Council
approve
Ludwig
Engineering
as
the
Substitute
Surveyor for Tract Map No. 18100.
10. Notice
of
Completion
–
Doris
Davies
Recreation
Center
Roof
Restoration,
Project
CC22-104
Recommendation:
That
the
Honorable
City
Council
accept
as
complete
and
approve
the
Notice
of
Completion
for
the
Doris
Davies
Recreation
Center
Roof
Restoration,
Project
CC22-104.
11. Settlement Agreement between the City of Victorville and Ron Nguyen
Recommendation:
That
the
Honorable
City
Council
approve
and
authorize
the
execution
of
the
Citation
Settlement
Agreement
by
the
City
Manager
and
between
Ronald
Nguyen
and the City of Victorville in regard to Citation No. 25523.
WRITTEN COMMUNICATIONS
12. Award
of
a
Consultant
/
Professional
Services
Provider
Agreement
to
Utility
Service
Co., Inc.
Recommendation:
That
the
Honorable
Victorville
Board
of
Directors
(“Board”)
approve
the
award
of
a
Consultant
/
Professional
Services
Provider
Agreement
by
and
between
the
Victorville
Water
District
and
Utility
Service
Co.,
Inc.,
for
the
ongoing
maintenance
of
the
Victorville
Water
District’s
26 water
tanks,
Project
No.
ESC23-029,
in
the
amount not to exceed $21,712,177 over a 10-year period.
13. 2022
CPRS
Statewide
Training
and
Funding
Initiative,
Brentwood
Park
Playground
Replacement
Recommendation:
That
the
Honorable
City
Council
award
the
purchase
and
installation
of
playground
equipment to GameTime for the replacement of the playground at Brentwood Park.
14. 2022
CPRS
Statewide
Training
and
Funding
Initiative,
Eva
Dell
Park
Playground
Replacement
Recommendation:
That
the
Honorable
City
Council
award
the
purchase
and
installation
of
playground
equipment to GameTime for the replacement of the playground at Eva Dell Park.
15. 2022
CPRS
Statewide
Training
and
Funding
Initiative,
Center
Street
Park
Playground Replacement
Recommendation:
That the Honorable City Council:
(1)
Adopt
Resolution
No.
22-125
accepting
a
donation
of
funds
from
Benefit
Everyone,
Assist
Recreation
and
Sports
(B.E.A.R.S.)
for
the
purchase
and
installation
of
a
playground
at
Center
Street
Park
and
amending
the
annual
budget
for Fiscal Year 2022-2023; and
(2)
Award
the
purchase
and
installation
of
playground
equipment
to
GameTime
for
the replacement of the playground at Center Street Park.
16. City Manager Reports
17. Discussion and Possible Action Regarding Upcoming Agenda Items
18. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: December 6, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Award of Construction Contract – Guardrail Project
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 22-122 to amend the Fiscal Year 2022/2023 budget appropriating $469,890.00 from a Highway Safety Improvement Program (HSIP) grant;
(2) Approve the Notice of Exemption; and
(3) Award a construction contract to Danny C. Hubbs Construction Inc., in the amount of $758,175.00 for the Guardrail Project.
Fiscal Impact:
This action will result in a fiscal impact of $758,175.00. This project will be funded by the following funds: HSIP, Fund 275; and Measure I, Fund 250. Approval of Resolution No. 22-122 (Attachment A) will appropriate funding associated with the HSIP grant, in the amount of $469,890.00, awarded to the City that will partially fund this project.
In August of 2018, Engineering submitted an application to the State of California Department of Transportation for the Cycle 9 HSIP call for projects to repair, replace and install new guardrail. In December of 2018, the City was notified by Caltrans that the project was selected for implementation. Please refer to Attachment C, the grant award letter and authorization to proceed with construction (E-76). Because the grant will not cover the entire cost of the project matching funds will come from Measure I. The original grant amount was $388,600.00 and was later increased to $469,890.00.
The FY 2022/2023 budget included this Capital Improvement Project. Please refer to the table below that shows the account numbers, and amounts for the available budget, additional appropriation, and the total for each account. 2 8
6 4
Account No. Available Budget: Additional Appropriation Total 2504500-55330-60129 $303,165.84 $0.00 $303,165.84
2754500-55330-60129 $0.00 $469,890.00 $469,890.00
Total: $773,055.84
Background:
Guardrail systems are designed and installed for one primary reason, to reduce the severity of a crash by preventing a motorist from reaching a more hazardous fixed object or terrain feature. Metal beam guardrail can be placed at certain locations next to a public road and are utilized at multiple locations in the City. Inspections were performed by Engineering Department staff for existing guardrail segments along National Trails Highway, Amargosa Road, Hesperia Road, Outer Bear Valley Road, Petaluma Road, and Amethyst Road. It was determined that repair and upgrades of the guardrail systems at certain locations were needed, based on the effects of age, deterioration, motor vehicle impacts resulting in damaged railing, and outdated safety end treatments that do not meet current design standards. Other roads were evaluated for potential locations for new guardrail segments and include certain locations on “A” Street, Balsam Avenue and Village Drive.
Discussion:
This project includes guardrail replacements, repairs, or new installations at 13 locations.
From the inspections performed it was determined that the repairs or replacements are required at nine locations along National Trails Highway, Amargosa Road, Hesperia Road, Outer Bear Valley Road, Petaluma Road, and Amethyst Road. New guardrail segments are proposed for three locations on Hesperia Road, Balsam Avenue and Village Drive. Crash cushions are proposed on “A” Street at each end of a segment of divided and elevated roadway to protect motorists from head on collision with an existing retaining wall dividing the road, please refer to Attachment B, location map.
This project aligns with Goal E, Strategy 1 in the City of Victorville Strategic Plan 2020- 2023, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.”
City funded projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). Per the CEQA statues and guidelines, this project is exempt from an environmental review under Section 15301(c) for the repair and minor alteration of existing public infrastructure and Section 15303(d) for the construction of new guardrail to serve the existing roads. Please refer to Attachment D, the Notice of Exemption.
City projects utilizing federal funding that may result in a significant and adverse change in the environment require an environmental review per the National Environmental Policy Act (NEPA). Since 2018, after the notice of the grant award, Engineering has been working with Caltrans to obtain environmental clearance to proceed with the project. Of particular note, guardrail segments constructed at the approaches of a steel truss bridge on National Trails Highway included in the application required special clearances to 2 8
6 4
remove and replace them. The bridge was considered a historic structure, triggering special historic and cultural studies be performed. In January 2022, the Caltrans NEPA Determination concluded the project met the requirements for a Categorical Exclusion and included some avoidance measures. Please refer to Attachment E, the approved NEPA Categorical Exclusion Determination Form.
The project plans, specifications and engineer’s estimate for the project were prepared in-house by the City of Victorville Engineering Department. This project was bid using formal bidding procedures in accordance with Municipal Code §2.28.210 and the California Public Contract Code. Advertising of the project started on October 11, 2022.
On November 9, 2022, four bids were received and publicly read aloud. The bid results are shown below.
Company Bid Amount
Danny C. Hubbs Construction Inc $ 758,175.00
Polo Engineering $ 764,852.00
Gentry General Engineering $1,144,646.00
CS Legacy Construction $1,314,617.33
After a careful review and tabulation of the bid proposals, staff determined that the lowest responsive, responsible bidder is Danny C. Hubbs Construction Inc. The Engineer’s estimate for the project was $620,000.00. The low bid is about 22 percent above the estimate.
Because this project is federally funded, there are Disadvantaged Business Enterprise (DBE) program requirements. Padilla & Associates, a City consultant specializing in DBE requirements, evaluated the DBE documents submitted by the low bidder. The advertised DBE goal for this project was 13.7%. The low bidders’ DBE commitment submitted for this project totals 14.1% of the total submitted bid, which exceeds the minimum requirement.
The Engineering Department will be responsible for the management of the construction of this project. Construction is likely to start by February 2023. It is estimated that the duration of the project will be less than three months. The total duration of the project will depend on weather conditions and lead time for procurement of construction materials.
Staff recommends that the City Council adopt Resolution No. 22-122 to appropriate additional funds, approve the Notice of Exemption, and award a construction contract to Danny C. Hubbs Construction Inc. in the amount of $758,175.00 for the Guardrail Project.
Staff remains available for any questions the City Council may have.
Attachments: A. Resolution No. 22-122
B. Location Map
C. Grant Award Letter and E-76
D. Notice of Exemption
2 8
6 4
E. NEPA Categorical Exclusion
F. Contract
2 8
6 5
ATTACHMENT A
2 8
6 5
RESOLUTION NO. 22-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023;
APPROVING ADDITIONAL EXPENDITURE APPROPRIATIONS AND
ADDITIONAL REVENUE FOR THE GUARDRAIL PROJECT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and WHEREAS, copies of said budget amendment were prepared and distributed to the City Council, were approved by the City Council on June 21, 2022, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, notification was received of an approval for a Highway Safety Improvement Program Cycle 9 grant in the amount of Four Hundred Sixty-Nine Thousand, Eight Hundred Ninety Dollars ($469,890.00) for the Guardrail Project; WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution, memorialize the acceptance of the grants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022-2023 for the City of Victorville is hereby amended to reflect revenue in the Highway Safety Improvement Program account No. 2754500-43120-60129 in the amount of Four Hundred Sixty-Nine Thousand, Eight Hundred Ninety Dollars ($469,890.00), and an increase in the expenditure account 2754500-55330-60129 in the amount of Four Hundred Sixty-Nine Thousand, Eight Hundred Ninety Dollars ($469,890.00), as described in the corresponding Agenda Item Staff Report for Council Meeting of December 6, 2022.
SECTION 2. That the City Council affirm acceptance of the grant funds for the Guardrail Project and authorize the City Manager to execute said grants as further described in the above-referenced Staff Report for Council Meeting of December 6, 2022.
SECTION 3. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments and offices of the City.
SECTION 4. That this Resolution becomes effective immediately upon its adoption.
ATTACHMENT B
ATTACHMENT C
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
DIVISION OF LOCAL ASSISTANCE
P.O. BOX 942874, MS-1
SACRAMENTO, CA 94274-0001
PHONE (916) 654-1776
FAX (916) 654-7181
TTY 711
www.dot.ca.gov
Serious drought.
Help save water!
December 27, 2018
Mr. Anwar Wagdy
City Traffic Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92393
Dear Mr. Wagdy:
Congratulations! The following projects you submitted for the Highway Safety Improvement Program (HSIP) Cycle 9 funding have been selected for implementation:
Application ID Location Description of
Work
Project
Cost
Federal
Funds
08-Victorville-1 The intersection of Mojave
Dr. and Condor Rd.
Upgrade from 2-
way STOP control
to actuated traffic
signal.
$ 527,000 $ 478,500
08-Victorville-3 Various locations along major
roadways, including National
Trails Highway, Amargosa
Rd, Hesperia Rd, Outer Bear
Valley Rd, Petaluma Rd, and
Amethyst Rd.
Upgrade existing
guardrails and
terminal system
end treatments
to meet current
standards.
$ 388,600 $ 388,600
To view the complete statewide project listing, please visit the HSIP website at:
http://www.dot.ca.gov/hq/LocalPrograms/HSIP/prev_cycle_results.htm.
In HSIP Cycle 9, 221 projects were selected from a candidate pool of 351 applications. These projects are selected for funding either based on the statewide Benefit Cost Ratio (BCR), or under the various set-asides (i.e. set-asides for Guardrail Upgrade, Horizontal Curve Signing, Pedestrian Crossing Enhancements, and Tribes). The selected HSIP projects, totaling $182 million, will be programmed in the 2019 Federal Statewide Transportation Improvement Plan (FSTIP).
Mr. Wagdy
December 27, 2018
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
So what is next?
1. Program new HSIP projects into the FSTIP:
The Metropolitan Planning Organizations (MPOs) will be informed of the projects being approved for funding, and the MPOs will program these projects in their FSTIP. Please note that it is your agency’s responsibility to check with your MPO to confirm when the Federal Highway Administration (FHWA) has approved the programming of your projects. At that time your agency may submit a request for authorization (RFA) to begin reimbursable work on the project in accordance with federal-aid project implementation procedures.
While waiting for the projects to be programmed into the FSTIP, your agency is encouraged to prepare documents required for your first Request for Authorization to Proceed (E-76) with your first phase of work. For more details regarding project implementation, please review the Local Assistance Procedures Manual (LAPM) at
http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm.
2. Deliver your HSIP projects and meet the delivery milestones per requirements:
For HSIP Cycle 9 projects, the following delivery milestones are required:
• The milestone of E-76 with Preliminary Engineering is met by September 30, 2019; and • The milestone of E-76 with Construction is met by December 31, 2021.
Caltrans will track the delivery of these HSIP projects. For delivery reports, consequence of not meeting the delivery requirements, exceptions, time extensions and other details, please visit http://www.dot.ca.gov/hq/LocalPrograms/HSIP/delivery_status.htm.
Important: Use EPSP to deliver the projects
Key: Local agencies can and should use the Expedited Project Selection Procedures (EPSP) to deliver their HSIP projects in advance of the FSTIP program year.
Given that a HSIP safety project is programmed in the FSTIP as lump-sum (i.e. not programmed by phases), it is quite often that the actual year of one or more phases will be different from the program year in the FSTIP. When this occurs, local agencies are allowed and encouraged to request for E-76s in any year, using the Expedited Project Selection Procedures (EPSP). The fact that a local HSIP project is not programmed in a given year should NOT hinder the local agency from requesting for authorization in that year, if the local agency is ready to start the work for a project phase. This understanding is especially important in meeting the delivery requirements of the local HSIP projects.
For the specifics of using the EPSP, please visit
http://www.dot.ca.gov/hq/LocalPrograms/HSIP/delivery_status.htm.
Mr. Wagdy
December 27, 2018
“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
If you have questions, please feel free to contact Enrique Gonzalez at (909) 806-3960, or at [email protected].
Sincerely,
David Lee
District Local Assistance Planner
AUTHORIZATION / AGREEMENT SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 08-SBD-0-VCTV PROJECT LOCATION:
PREFIX: HSIPL VARIOUS LOCATIONS THROUGHOUT THE CITY ALONG MAJOR ROADWAYS: NATIONAL TRAILS HIGHWAY, AMARGOSA RD, HESPERIA RD, OUTER PROJECT NO: 5380(038) TYPE OF WORK:
SEQ NO: 1 UPGRADE EXISTING GUARDRAILS AND TERMINAL SYSTEM END PREV AUTH / AGREE DATES:
STATE PROJ NO: 0819000055L-N FED RR NO'S: PE:
AGENCY: VICTORVILLE
PUC CODES: R/W:
ROUTE:
PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN CON:
DISASTER NO:
ENV STATUS / DT: 01/25/2022 SPR:
TIP DATA
RW STATUS / DT: 1 02/04/2022 MCS:
MPO: SCAG
INV RTE: OTH:
FSTIP YR: 21/22
BEG MP:
STIP REF:
END MP:
FSTIP ID NO: SCAG015
BRIDGE NO:
PROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URB/RURAL DEMO ID YS30 30 21
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PE
PE PREV. OBLIGATION $0.00 $0.00 $0.00
PE THIS REQUEST $0.00 $0.00 $0.00
PE SUBTOTAL $0.00 $0.00 $0.00
R/W
RW PREV. OBLIGATION $0.00 $0.00 $0.00
RW THIS REQUEST $0.00 $0.00 $0.00
RW SUBTOTAL $0.00 $0.00 $0.00
CON
CON PREV. OBLIGATION $0.00 $0.00 $0.00
CON THIS REQUEST $721,827.00 $469,890.00 $0.00
CON SUBTOTAL $721,827.00 $469,890.00 $0.00
OTH
OTH PREV. OBLIGATION $0.00 $0.00 $0.00
OTH THIS REQUEST $0.00 $0.00 $0.00
OTH SUBTOTAL $0.00 $0.00 $0.00
TOTAL: $0.00$721,827.00 $469,890.00
12/30/2023PROJECT END DATE (PED):
ALT. PROJ NO:
STATE REMARKS
05/13/2022 * SEQ 1: Initial authorization of the CON phase ($469,890 YS30.). CE is not being authorized and is not eligible for federal reimbursement.
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:CON PREPARED IN FADS BY: YANG, ALBERT ON 2022-05-13 651-0015 FOR: RFA CON REVIEWED IN FADS BY: KROEPFL, ROBERT ON 2022-05-13 652-8915 DOCUMENT TYPE: AAGR SUBMITTED IN FADS BY: KROEPFL, ROBERT ON 2022-05-13 FOR CALTRANS PROCESSED IN FADS BY: SIGNATURE, NOT_REQUIRED ON 2022-05-13 FOR FHWA E-76 AUTHORIZED DATE IN FMIS BY: MATTHEW SCHMITZ ON 2022-05-13 23:36:50.0 SIGNATURE HISTORY FOR PROJECT NUMBER 5380(038) AS OF 06/14/2022
FHWA FMIS SIGNATURE HISTORY
MOD # SIGNED BY SIGNED ON
0 JERILYNN FOGLE 05/13/2022
RODNEY WHITFIELD 05/13/2022
MATTHEW SCHMITZ 05/13/2022
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AUTH/AGREE KROEPFL, ROBERT 05/13/2022
ATTACHMENT D
Notice of Exemption
To: County Clerk From: City of Victorville
County of San Bernardino 14343 Civic Drive
385 North Arrowhead Avenue, Second Floor Victorville, CA 92392 San Bernardino, CA 92415-0130 Engineering Dept.
Activity: Guardrail repair, minor alteration, and installation
Activity Location - Specific: 13 Various locations throughout the City
Activity Location - City: Victorville Activity Location - County: San Bernardino
Description of Activity: The repair, alteration and installation of metal beam guardrail at thirteen locations throughout the City of Victorville.
Name of Public Agency Approving Activity: City of Victorville
Name of Person or Agency Carry Out Activity: City of Victorville
Exemption Status:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number : Class 1 15301(c), Class 3 15303 (d)
Statutory Exemptions. State code number:
Reasons why project is exempt: This project involves the repair, rehabilitation, alteration of existing guardrail safety devices and installation of new guardrail safety devices throughout the City adjacent to existing public roads. Work to ex isting and the installation of the new safety devices will not adversely change the environments in which they currently or will reside adjacent to the existing public roads.
Lead Agency Contact Person: Brian Gengler, City Engineer
Area Code/Telephone Extension: (760) 955-5157
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project:
Yes No
Signature: Date: Title:
Signed by Lead Agency
Signed by Applicant
ATTACHMENT E
CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM (rev. 04/2021)
Project Information
Project Name (if applicable): Guardrail Replacement Project DIST-CO-RTE: 08-SBd-Victorville PM/PM: NA
EA: NA Federal-Aid Project Number: HSIPL 5380(038)
Project Description
The City of Victorville, within the County of San Bernardino, proposes to upgrade/repair existing guardrails and terminal system end treatments at 9 locations and install new guardrail systems at 4 locations throughout the City. The project is needed because existing guardrail systems are not current and are damaged at the 9 locations. New guardrail systems are needed at the 4 locations because they’ve been identified as a safety priority. The purpose of the project is upgrade current guardrail systems install new systems to meet current standards. One slope easement may be required.
Caltrans CEQA Determination (Check one)
☒ Not Applicable – Caltrans is not the CEQA Lead Agency ☐ Not Applicable – Caltrans has prepared an IS or EIR under CEQA Based on an examination of this proposal and supporting information, the project is:
☐ Exempt by Statute. (PRC 21080[b]; 14 CCR 15260 et seq.) ☐ Categorically Exempt. Class _. (PRC 21084; 14 CCR 15300 et seq.) ☐ No exceptions apply that would bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). See the SER Chapter 34 for exceptions. ☐ Covered by the Common Sense Exemption. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 15061[b][3].) Senior Environmental Planner or Environmental Branch Chief
NA NA NA
Print Name Signature Date
Project Manager
NA NA NA
Print Name Signature Date
CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM
EA: NA Page 2 of 4
Federal-Aid Project Number: HSIPL 5380(038)
Caltrans NEPA Determination (Check one)
☐ Not Applicable
Caltrans has determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). See SER Chapter 30 for unusual circumstances. As such, the project is categorically excluded from the requirements to prepare an EA or EIS under NEPA and is included under the following:
☒ 23 USC 326: Caltrans has been assigned, and hereby certifies that it has carried out the responsibility to make this determination pursuant to 23 USC 326 and the Memorandum of Understanding dated April 18, 2019, executed between FHWA and Caltrans. Caltrans has determined that the project is a Categorical Exclusion under:
☒ 23 CFR 771.117(c): activity (c)(4)
☐ 23 CFR 771.117(d): activity (d)(_)
☐ Activity _ listed in Appendix A of the MOU between FHWA and Caltrans ☐ 23 USC 327: Based on an examination of this proposal and supporting information, Caltrans has determined that the project is a Categorical Exclusion under 23 USC 327.
The environmental review, consultation, and any other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by Caltrans pursuant to 23 USC 327 and the Memorandum of Understanding dated December 23, 2016 and executed by FHWA and Caltrans.
Senior Environmental Planner or Environmental Branch Chief Aaron Burton
Print Name Signature Date
Project Manager/ DLA Engineer
Alberto Vergel de Dios
Print Name Signature Date
Date of Categorical Exclusion Checklist completion (if applicable): NA Date of Environmental Commitment Record or equivalent: 1/24/2022 Briefly list environmental commitments on continuation sheet if needed (i.e., not necessary if included on an attached ECR). Reference additional information, as appropriate (e.g., additional studies and design conditions). 1/25/2022
01/25/2022
CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM
EA: NA Page 3 of 4
Federal-Aid Project Number: HSIPL 5380(038)
Continuation sheet:
The following studies, checklists and exemptions were prepared during the environmental phase of the project:
• Preliminary Environmental Studies Form: approved 11/19/2019 • Transportation Air Quality Conformity Findings Checklist: approved 11/4/2019 • Section 7 Biological No Effect Memo: approved 11/4/2019 • Area of Potential Effect Map: approved 10/4/2021
• Historic Property Survey Report: approved 10/4/2021
• Historical Resources Evaluation Report: approved 10/4/2021 • Archaeological Survey Report: approved 10/4/2021
• State Historic Preservation Office: NHPA 1/11/2022
Avoidance Measures:
Cultural
CR-1: If buried cultural resources are encountered during Project Activities, it is Caltrans policy that work stop in that area until a qualified archaeologist can evaluate the nature and significance of the find.
CR-2: In the event that human remains are found, the county coroner shall be notified and ALL construction activities within 60 feet of the discovery shall stop. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission (NAHC) who will then notify the Most Likely Descendent (MLD). The person who discovered the remains will contact the District 8 Division of Environmental Planning; Andrew Walters, DEBC: (909)383-2647. Further provisions of PRC 5097.98 are to be followed as applicable.
CR-3: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work Attachment C, Page 13 on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.
CR-4: If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The
CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM
EA: NA Page 4 of 4
Federal-Aid Project Number: HSIPL 5380(038)
archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
CR-5: If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.
TCR 1:The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR-3, of any pre-contact and/or historic-era cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site.
TCR 2: Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.
Permits
N/A
ATTACHMENT F
1 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
CONSTRUCTION CONTRACT BETWEEN
THE CITY OF VICTORVILLE AND
DANNY C. HUBBS CONSTRUCTION, INC.
FOR
GUARDRAIL PROJECT
CITY PROJECT CC23-024
(Federal Project No. HSIPL-5380(038)
THIS CONSTRUCTION CONTRACT (the “Contract”) dated _____________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Danny C. Hubbs Construction, Inc., a California corporation, hereinafter referred to as the “ Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City requires the construction of new guardrails in three (3) locations in the City and the replacement and/or improvement of existing guardrails at ten (10) locations in the City, as more fully described in the solicitation documents issued by the City for the Guardrail Project, City of Victorville Project CC23- 024 (Federal Project No. HSIPL- 5380(038)), (the “Project”); and
WHEREAS, on October 11, 2022, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a bid which the City determined to be the lowest responsive and responsible bid; and W
HEREAS, Contractor is a duly organized Corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and W
HEREAS, at its meeting held on December 6, 2022, the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
W
HEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
2 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents for the Project identified in the Recitals, all of which are either attached hereto as exhibits or are incorporated and made a part of this Contract by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal Schedule as accepted by the City);
(2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices [if any specify location] or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Federal-Aid Contract Requirements;
(7) Special Provisions;
(8) Plans
(9) Revised Standard Specifications Dated 4/15/2022
(10) Revised Standard Plans Dated 4/15/2022
(11) CALTRANS 2018 Standard Specifications;
(12) CALTRANS 2018 Standard Plans;
(13) Appendices
A. Quality Assurance Plan
B. Master Agreement and Program Supplement (funding)
(14) Plans
(15) Bid Forms and attachment thereto;
(16) Faithful Performance Bond;
(17) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.
Section 3. CONTRACTOR’S OBLIGATIONS
Contractor will perform all of the Work required for the Project, as specified in the Contract Documents described in Section 2, above. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents and to the satisfaction of Brian Gengler, City Engineer, or his designee (hereinafter the “ Project Manager”).
3 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor SEVEN HUNDRED FIFTY -EIGHT THOUSAND ONE HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS ($758,175.00 ) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A” ) subject to the provisions of this Contract and the Contract Documents.
b. Procedures relating to payment and retention are set forth in the Special Provisions and the Instructions to Bidders, respectively.
Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before the expiration of FIFTY (50) WORKING DAYS , commencing within FIFTEEN (15) calendar days after the City’s issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. FEDERAL-AID CONTRACT REQUIREMENTS
The Federal-Aid Contract Requirements set forth in Exhibit “B” attached hereto and incorporated as part of this Contract by this reference, are required as conditions of the Federal Highway Safety Improvement Program (“HSIPL”) funding for this Project. Contractor and all Subcontractors shall comply with these requirements in the execution of the Work and completion of the Project.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. 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 Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
4 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
(3) 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. (4) 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.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience; (2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. 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 Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) 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; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 24 of this Agreement. 5 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
b. Notice and Opportunity to Cure. The City 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 City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PREVAILING WAGES AND LABOR REQUIREMENTS
a. Compliance with State and Federal Wage Requirements . As a federally funded Project, the Work called for in this Contract 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 specif ied in the Contract Documents. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
b. Federal Wages. In accordance with and in addition to the provisions of the Davis- Bacon Act and related Federal labor requirements in the Contract Documents which are set forth and included in the attached Exhibit “B” and with which Contractor agrees to comply, the Secretary of Labor has determined the general prevailing wage rates applicable to federally -funded construction projects. A copy of the current General Federal Wage Decision applicable to the Work to be performed on this Project is attached to this Contract as Exhibit “C” and incorporated herein by this reference. 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 thi s Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates.
c. State Prevailing Wage Law. This Project is also a “public works” project as defined in Chapter 1, Part 7, Division 2 of the California Labor Code, commencing with Section 1720 (the “Prevailing Wage Law”). The Prevailing Wage Law requires the payment of prevailing wages, the training and employment of apprentices, and compliance with other applicable labor requirements in the performance of public works. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California 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. Copies of these prevailing rates of per diem wages are on file at the City’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 6 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
per diem wages may be obtained via the internet at: www.dir.ca.gov. It shall be mandatory upon the Contractor and upon all subcontractors, to comply with all provisions of the Prevailing Wage Law, which include but are not limited to: the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of the work contemplated by this Contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors. Contractor shall be responsible for using the correct and current prevailing wage rates.
d. Payment of State Wages Required when Higher. Notwithstanding the provisions of Subsection b above, payment of State Prevailing Wage Rates when higher than Federal Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort . The City is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all Subcontractors. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct 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. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked 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 penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or the Subcontractor has complied with 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 City, 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 Labor 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 the 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. 7 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
f. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
g. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.
h. Other Labor Requirements. Contractor has the responsibility 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 City 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 City, 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 City 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 sections 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.
8 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of THREE THOUSAND FIVE HUNDRED DOLLARS ( $3,500) per calendar day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance, including coverage for liability arising from Contractor’s acts or omissions in the performance of the Work, including contractor’s protective liability coverage, contractual liability, products and completed operations, and broad form property damage, w ith limits of at least Two Million Dollars ($2,000,000) per occurrence and at least Five Million Dollars ($5,000,000) general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract, including required endorsements.
(2) Commercial Vehicle Liability Insurance of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering bodily injury, death, or property damage, including hired and non-owned auto liability.
(3) Workers’ Compensation Insurance , providing coverage as required by the California State Workers’ Compensation Law. and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ 9 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(4) Course of Construction, Builders’ Risk, or an Inland Marine policy issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations . Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
(2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage Required Prior to Commencement of Work. W ithin ten (10) business days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to the City shall be furnished by Contractor to the City Clerk. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.
(5) Required Endorsements. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. The CGL and vehicle liability policies shall be endorsed as Primary and Non-contributory.
(6) Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with 10 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with t hese insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
Section 14. COMPLIANCE WITH MASTER AGREEMENT - ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS (HSIPL PROJECT) a. Contractor acknowledges that the Project is being funded in part with HSIPL funds, pursuant to that certain Master Agreement - Administering Agency-State Agreement for Federal- Aid Projects No. 08- 5380F15, dated April 14, 2017 (hereinafter the “ Master Agreement ”), between the City, hereinafter referred to for purposes of this Section and Section 17 of this Contract only as “ADMINISTERING AGENCY”, and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to for purposes of this Section and Section 17 of this Contract only as “ STATE”. Said Master Agreement is supplemented by that certain Program Supplement No. F030, dated June 10, 2022 (hereinafter the “ Program Supplement”). The Master Agreement and Program Supplement were included in Appendix A of the solicitation documents (bid package) for this Project and are attached to this Contract as Exhibit “D” and incorporated herein by this reference.
b. As required by the Master Agreement referenced in Subsection a above, the following provisions are expressly included in this Contract by this reference:
(1) Paragraphs 5, 6, 17, 19 and 20 of ARTICLE IV – FISCAL PROVISIONS. (2) Paragraphs 1, 2, and 3 of ARTICLE V - AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS.
(3) All provisions of the FAIR EMPLOYMENT PRACTICES ADDENDUM and NONDISCRIMINATION ASSURANCES, attached as Exhibits A and B respectively to said Master Agreement, in which exhibits the phrase “Contractor” shall be inserted in the place of the phrase “ADMINISTERING AGENCY”.
c. As required by the Program Supplement referenced in Subsection a above, paragraphs B, C, F, H, I, K, and L of Section 2 of said Program Supplement are expressly included in this Contract by this reference.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter " Claims or Liabilities ") that may be 11 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
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 activiti es of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its el ected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liabil ity 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. The City does not and shall not waive any rights that it may have against Contractor under this Section, because of the acceptance by the City or the deposit with the City of any insurance policy or certificate required pursuant to this Contract. The hold harmless and indemnification provisions of this Sect ion 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.
12 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
c. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract.
Contractor shall require the same indemnification from all Subcontractors.
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by Project Manager, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable Project Manager, or his designee, to evaluate the cost and the performance of such Work.
c. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. The STATE (as defined in Section 14 of this Contract) reserves the right to conduct technical and financial audits of Project Work and records and ADMINISTERING AGENCY (as defined in Section 14 of this Contract) agrees and hereby requires Contractor and its Subcontractors to agree, to cooperate with STATE by making all appropriate and r elevant Project records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, Contractor and its Subcontractors, and the STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and Contractor shall furnish copies thereof if requested. All of the above referenced parties shall make the Master Agreement and the Program Supplement and contract materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of submission of the final expenditure report by the STATE to the Federal Highway Administration. e. ADMINISTERING AGENCY and Contractor and its Subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The financial management system of ADMINIS TERING AGENCY and Contractor and its Subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
13 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 20. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract 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:
To City: Brian Gengler, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Danny C. Hubbs, President
Danny C. Hubbs Construction, Inc.
37306 Vista View Drive
Yuccipa, CA 92399
14 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
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.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City 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 Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period or (2) the completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.
Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.
Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
15 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, 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 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 34. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City, until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.
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Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
(END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
17 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE DANNY C. HUBBS CONSTRUCTION,
INC.
By: By;
Debra Jones, Mayor Danny C. Hubbs, President
Dated: Dated:_____________________________
ATTEST
By:
Jennifer Thompson, City Clerk
Dated:
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By:
Lee Brown, Risk Manager
Dated:
P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\GUARDRAIL HSIPL PROJ. 2022\DOC\300.5-FEDERAL CONTRACT TEMPLATE 200.7 08.15.22 REVISED FOR GUARDRAIL PROJ
08.19.22 V6 TLT.DOCX
18 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038)
EXHIBIT “A”
CONTRACTOR'S BID PROPOSAL
See Attachment
EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-024
19/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-024
20/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-024
21/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-024
22/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-024
23/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT A, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-024
24/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 25 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038) EXHIBIT “B”
F
EDERAL-AID CONTRACT REQUIREMENTS
S
ee Attachment
SECTION B: FEDERAL-AID CONTRACT REQUIREMENTS
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
2. BID OPENING
3. BID RIGGING
4. CONTRACT AWARD
5. CONTRACTOR LICENSE
6. CHANGED CONDITIONS
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
8. BUY AMERICA
9. QUALITY ASSURANCE
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID
CONTRACTS
12. FEMALE AND MINORITY GOALS
13. TITLE VI ASSURANCES
14. USE OF UNITED STATES-FLAG VESSELS
15. FEDERAL TRAINEE PROGRAM
16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
EQUIPMENT AND SERVICES
17. ENVIRONMENTAL MITIGATION MEASURES
18. OTHER
19. PROCUREMENT OF RECOVERED MATERIALS
20. FEDERAL WAGE RATES
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 26/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
FEDERAL-AID CONTRACT REQUIREMENTS
This is a federally funded project. The following language must be incorporated into all federally funded Construction Contracts. The following language, with minor edits, was taken from the Code of Federal Regulations.
The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, apply to these Contract Documents and are intended to be supplemental to the requirements in this Section.
If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these “Federal -Aid Contract Requirements”, as determined by Agency, the provision in this Section shall govern.
Agency, Local Agency, and City are used interchangeably.
Prime contractor and contractor are used interchangeably.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE
UNDER THIS SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) – DBE Goal is 13.67% The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR Part 26). To ensure equal participation of DBEs provided in 49 CFR Section 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal and continue to meet the DBE commitments made at award when change orders or other modifications alter the dollar amount of the contract or the distribution of work. The prime contractor must apply and report its DBE goal commitment against the total contract value, including any change orders and/or amendments.
It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract.
Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://dot.ca.gov/programs/civil-rights/dbe-search.
A ll DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. When a DBE is proposed to participate in the contract, at any tier, only the value of the work proposed to be performed by the DBE with its own work force may be counted towards DBE participation.
If a DBE intends to subcontract part of the work of its subcontract to a lower-tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 27/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 subcontractor is a certified DBE and performs the work with their own forces. Services subcontracted to a non- DBE firm may not be credited toward the prime contractor’s DBE attainment.
A DBE’s participation only counts towards the goal if the DBE performs a commercially useful function in accordance with 49 CFR Section 26.55 (i.e., must be responsible for the execution of a distinct element of the work, and must carry out its responsibility by actually performing, managing, and supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function.
If the prime contractor listed a non- certified, 1st tier subcontractor to perform work on this contract, and the non- certified subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower tier DBE certified Subcontractor or Vendor, the value of work performed by the lower tier DBE firm’s own forces can be counted toward DBE participation on the contract . If a DBE contractor performs the installation of purchased materials and supplies, they are eligible for full credit of the cost of the materials.
Credit for materials or supplies the prime contractor or subcontractor purchases from DBEs counts towards the goal in the following manner:
● 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. ● 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. ● Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR Section 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR Section 26.55(d)(1) as follows:
● The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
● The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
● The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. ● The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. ● The DBE may lease trucks without drivers from a non- DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 28/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 ● A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
A. Required Clauses
The prime contractor and all subcontractors shall incorporate verbatim and not by reference, the following clauses, in all subcontracts, broker, dealer, vendor, supplier or purchase order (PO) or other source contracts issued to both DBE and non-DBE firms. (1) Non-Discrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering the Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
(2) Contract Assurance
Under 49 CFR Section 26.13(b): The prime contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federal -aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible.
The prime contractor agrees to include these requirements in all subcontracts at any tier.
B. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 29/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
C. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances.
To ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor, the Agency shall hold retainage from the prime contractor and shall make prompt and Regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days for after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime Contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.
D. Dispute Resolution
All contracts in excess of five-hundred thousand dollars ($500,000) shall contain provisions or conditions which will allow for dispute resolution remedies in instances where contractors violate or breach DBE Program requirements, inclusive but not limited to, prompt payment and provide for such sanctions and penalties as may be appropriate.
The prime contractor shall incorporate this Section into each subcontract related to work arising under this Agreement and shall not incorporate by reference.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 30/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 The prime contractor and subcontractor agree to notify the Agency within five (5) business days of any prompt payment and/or DBE Program disputes which cannot be settled by discussions between the parties involved.
The prime contractor and subcontractor further agree to proceed through informal meetings, mediation, or any combination thereof as further detailed below. Dispute submittals shall include the method(s) of dispute resolution selected, terms, timeframes, and a detailed summary of assistance being requested (as applicable).
(1) INFORMAL MEETINGS:
The Agency is available to assist the prime contractor with coordination of informal meeting requests to assist in the resolution of disputes between prime cont ractor and subcontractor. The Agency’s designated DBE support representative will conduct the informal meetings with parties in dispute. Representatives from prime contractor and subcontractor for the purpose of dispute resolution, must include individuals authorized to bind each interested party. All parties must agree to the procedure. (2) MEDIATION:
The parties to a contract may agree to endeavor to settle a dispute through informal mediation under independent third-party organizations. The Agency’s designated DBE support representative and the designated Agency support staff are considered an independent third party. Submission to informal mediation is voluntary; it is not binding and offers advisory opinions.
Performance During Dispute: Unless otherwise directed by the Agency, the prime contractor and its sub tiers shall continue performance under the Agreement while matters in dispute are being resolved.
Flow Down Requirements: The dispute resolution provisions flow down to all tiers.
These provisions shall not apply to disputes between the prime contractor and the Agency.
These provisions do not alter in any way or waive compliance with other provisions in the Agreement.
E. Submission of DBE Information and Ongoing Reporting Requirements (Post-Award) The prime contractor must complete and submit within the specified timelines, the following DBE documentation, through the Agency’s electronic reporting system:
(1) “Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Data”
A primary purpose of this reporting submission is to ensure the prime contractor’s DBE commitments are attained, properly reported, and credited in accordance with DBE crediting provisions based on the capacity the DBE performs the scope of work/service.
This electronic report submittal further serves to monitor prompt payment to both DBE and non-DBE firms, and collect DBE utilization data as required under 49 CFR Part 26.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 31/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 The prime contractor is required to complete and submit this report through the Agency’s electronic reporting system by the 10th of each month until completion of the Agreement.
The prime contractor must submit the first report following the first mont h of Agreement activity. Even if no DBE participation will be reported within a period, the prime contractor must complete and submit the report.
The Monthly DBE Attainment Summary and Subcontractor Prompt Pay Verification Report must include the amount(s) received by the prime contractor from the Agency and the amount(s) paid to lower-tier subcontractors during the Month. (2) Contractor Prompt Payment Verification Summary
The process for submission of the Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification data requires the prime contractor to submit pertinent payment details for any firm (DBE and Non- DBE) that they have reported a payment to within the reporting period. The prime contractor is advised not to report the participation o f DBE(s) toward the prime contractor’s DBE attainment until the amount being claimed has been paid to the DBE. Pertinent payment details include:
• Invoice Number
• Invoice Amount
• Payment Amount
• Invoice Date
• Check Number
• Date of Payment
• Corresponding Prime Invoice (associated to subcontractors’ invoice) • Retention
• Disputed or Withheld invoice amounts
Firms will receive a notification from the Agency’s electronic reporting system when a payment is reported to them and they will be required to log- in to the system to verify the payment information provided by the prime contractor. A reported payment to a lower-tier DBE firm will not be credited until the DBE firm has validated the payment through the Agency’s electronic system. All payments to lower -tier firms must be validated prior to the 10th of each month following the reporting period.
Electronic submission of the Monthly DBE Attainment Summary and Subcontractor Prompt Pay Verification Report is a certification under penalty of perjury of the prompt payment assurance statement of compliance, providing assurance that timely payments have been issued to all subcontractors in accordance with regulatory mandates and as required by 49 CFR Section 26.29.
Additionally, after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the Contractor shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency. The Exhibit 9-F can be auto- populated upon submission of the Monthly reporting through the Agency’s electronic reporting system and can be downloaded for submission to Caltrans.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 32/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 (3) "Monthly DBE Trucking Verification" Form
If the prime contractor is crediting DBE trucking participation towards the DBE goal, the Contractor must submit a trucking verification report (LAPM Exhibit 16- Z1) to the Agency through the Agency’s electronic reporting system, prior to the 10th of each month. This report will automatically be included within the Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Report process above when the prime contractor reports a payment to a DBE trucking firm. Pertinent reporting details will include:
a. Truck number
b. Owner's name
c. California Highway Patrol CA number
d. DBE certification number of the owner (as applicable) e. Amount paid
f. Fee/Commission amount
A
s a part of this process, prime contractor must also obtain and submit documentation to the Agency showing the amount paid by DBE trucking companies to all firms, including owner operators, for the leasing of trucks. If the DBE leases trucks from a non-DBE, prime contractor may count only the fee or commission the DBE receives as a result of the lease arrangement.
(4) DBE Subcontract Agreements
The prime contractor must electronically submit to th e Agency copies of executed subcontracts and/or purchase orders (PO) for all DBE firms participating on the contract within ten (10) working days of award. The prime contractor must immediately notify the Agency in writing of any problems it may have in obtaining the subcontract agreements from listed DBE firms within the specified time.
(5) DBE Commitment Change Request(s), DBE Substitution, Termination and Increasing or Decreasing Commitment Values
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the prime contractor obtains the Agency’s written consent. The prime contractor shall not terminate, decrease or substitute a listed DBE for convenience and perform work originally designated for a DBE with its own work force or those of an affiliate, a non- DBE firm, another DBE firm or obtain materials from other sources without prior written authorization from the Agency. The prime contractor shall not be entitled to any payment for work or materials unless it is performed or supplied by the listed DBE on the Exhibit 15- G Construction Contract DBE Commitment form, unless the DBE is terminated in accordance with this section and is approved by the Agency. This includes partial terminations.
The prime contractor shall provide written notification to the Agency in a timely manner of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 33/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 The Agency shall only provide written consent to a request to use other forces or sources of materials if the prime contractor has good cause to terminate (includes decreasing a DBE commitment) a DBE firm. For the purposes of this section good cause includes any of the following justifications:
a. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
b. The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
c. The Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements. d. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
e. Listed DBE becomes bankrupt or insolvent. or exhibits credit unworthiness. f. The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1200 or applicable state law.
g. The Agency has determined that the listed DBE subcontractor is not a responsible contractor
h. Listed DBE subcontractor voluntarily withdraws from the project and provides you written notice of its withdrawal
i. Listed DBE is ineligible to receive credit for the type of work required. j. Listed DBE owner dies or becomes disabled resulting in the inability of the DBE to perform the work on the Contract.
k. The Agency determines other documented good cause (good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the Agreement so that the prime contractor can self -perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non- DBE contractor after Agreement award).
Prior to electronically submitting to the Agency its request to terminate and/or substitute a DBE, the prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the prime contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Agency should not approve the prime contractor’s request.
The prime contractor’s request to use other forces or material sources must be submitted through the Agency’s electronic reporting system and include:
a. One or more of the Good Cause justifications listed above. b. Notices from the prime contractor to the DBE regarding the request. c. Responses from the DBEs to the prime contractor regarding the request. d. Any documentation necessary to validate the Good Cause justification. e. Proof of DBE certification of proposed firm (if requesting to substitute). f. Written confirmation of work and amount signed by proposed firm (if requesting to substitute).
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 34/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
In the event of an approved DBE substitution, termination, or failure of a DBE to complete its work on the contract for any reason, the DBE must be substituted with another DBE or adequate good faith efforts must be documented by prime contractor within five (5) days, to the extent needed to meet the contract-specific DBE goal.
The substitute must be certified as a DBE through the California Unified Certification Program (CUCP) at the time of request for substitution. The substitute DBE cannot work on the Agreement until its work eligibility has been confirmed and required subcontracts, supplies, trucking commitments, or other services have been approved by the Agency. (6) Adding Additional DBE Subcontractors
In the event the prime contractor identifies additional DBE subcontractors or suppliers not previously identified by the prime contractor for DBE participation under the Agreement, the prime contractor must notify the Agency by submitting a “Request to Add,” through the Agency’s electronic system to enable the Agency to verify the firm’s eligibility, capacity, commercially useful function and ensure there is not a scope conflict with another listed firm. Proposed firms will not be applied towards the prime contractor’s DBE participation until approved by the Agency.
The prime contractor must also submit, for each DBE identified after contract execution, a written confirmation from the DBE acknowledging that it is participating in the contract for a specific value, and scope of work. This supporting documentation will be required by the Agency’s electronic system when submitting a DBE Request to Add. (7) On-Going Good Faith Effort (GFE) Documentation
During the term of the contract, the prime contractor shall continue to make a Good Faith Effort (GFE) to ensure that DBEs have an opportunity to successfully perform in the contract, and that the prime contractor meets the DBE contract goal. These efforts shall include but shall not be limited to the following:
a. Negotiating in good faith to attempt to finalize and execute a subcontract agreement with the DBEs committed to in the bid;
b. Continuing to provide assistance to DBE subcontractors or suppliers in obtaining bonding, lines of credit, etc.
c. Notifying a DBE in writing of any potential problem and attempting to resolve the problem prior to formally requesting the Agency’s approval to substitute the DBE. d. Paying all vendors (DBEs and non- DBEs) in a timely manner, as listed in the contract specifications;
e. Alerting the Agency in a timely manner of any problems anticipated in attaining the DBE participation committed to in the bid or proposal;
f. If a DBE substitution is necessary, making a Good Faith Effort to replace the DBE with another DBE, subject to the approval of the Agency.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 35/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 g. Conducting market research and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project. h. The prime contractor should solicit this interest as early in process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.
i. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance.
j. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract.
k. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case- by-case basis to provide assistance in the recruitment and placement of DBEs. (8) Final Report-Utilization of Disadvantaged Business Enterprises (DBE) Exhibit 17- F
Upon completion of the project, the prime contractor must electronically designate their last Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Report as final, to facilitate reporting and capturing DBE attainments and prompt release of retention to all subcontractors at conclusion of the project. The amount of ten- thousand dollars ($10,000) will be withheld from payment until a satisfactory form is submitted.
(9) Disadvantaged Business Enterprise (DBE) Certification Status Change (Exhibit 17-O)
If a DBE is decertified during the life of the project, the decertified DBE firm must notify the prime contractor in writing with the date of decertification. Prime contractor must electronically furnish the written documentation to the Agency within ten (10) days of receipt. Upon completion of the project, Exhibit 17- O: Disadvantaged Business Enterprises (DBE) Certification Status Change must be signed and certified correct by the Contractor through the Agency’s electronic reporting system indicating the DBEs' existing certification status. If there are no changes, indicate “No Changes.” The signed EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 36/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 and certified form must be furnished to Agency within thirty (30) days from the date of project acceptance.
Failure to submit any of the required submittals above and their support documentation within the specified timeline shall result in a penalty of ten dollars ($10) per day, per submittal requirement.
The Agency requires prime contractor to maintain records and documents of payments to lower -tiers, includin g DBEs, for a period of three (3) years from the date of final payment by the Agency, unless otherwise provided by applicable record retention requirements for prime contractor’s contract, whichever is longer. These records will be made available for inspection upon request by any authorized representative of the Agency. This reporting requirement extends to all lower-tiers, both DBE and non-DBE.
The Agency reserves the right, at its sole discretion, to demonstrate responsiveness to requirements of CFR 49 Section 26.37 by implementing the following method:
Posting prime contractor payment data to a website, database, or other place accessible to subcontractors to assist them in determining when they should expect to receive payment.
(10) DBE “Frauds” and “Fronts”
Only legitimate DBEs are eligible to participate as DBEs in the Agency’s U.S. DOT - assisted contracts. The prime contractor is cautioned against knowingly and willfully using “fronts.” The use of “fronts” and “pass through” subcontracts to non- disadvantaged firms constitute criminal violations. Further, any indication of fraud, waste, abuse, or mismanagement of Federal funds should be immediately reported to the Office of Inspector General, U.S. Department of Transportation at the toll -free hotline: (800) 424-9071; or to the following: 245 Murray Drive, Building 410, Washington, DC 20223; Telephone: (202) 406-570.
(
11) Administrative Remedies and Enforcement
The prime contractor must fully comply with the DBE contract requirements, including the Agency’s DBE Program and Title 49 CFR Part 26 “Participation of Disadvantaged Businesses in Department of Transportation Financial Assistance Programs,” and ensure that all subcontractors, regardless of tier, are also fully compliant. Failure by prime contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement, or such other remedy as Agency deems appropriate, which may include, but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages; and/or
4. Disqualifying Contractor from future bidding/proposing as non- responsible.
In instances of identified non- compliance, a Cure Notice will be issued to the prime contractor identifying the DBE non- compliance matter(s) and specifying the required course of action for remedy.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 37/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 The prime contractor must be given ten (10) working days from the date of the Cure Notice to remedy or to: (1) File a written appeal accompanied with supporting documentation; and/or (2) Request a hearing with Agency to reconsider Agency’s DBE determination.
Failure to respond within the ten (10) working day period will constitute a waiver of the prime contractor's right to appeal. If the prime contractor files an appeal, the Agency must issue a written determination and/or set a hearing date within ten (10) working days of receipt of the written appeal, as applicable. A final Determination will be issued within ten (10) working days after the hearing, as applicable.
If after review of prime contractor's appeal, the Agency decides to uphold the decision to impose DBE administrative remedies on prime contractor, the written determination must state the specific remedy(ies) to be imposed.
Failure to comply with the Cure Notice and/or to remedy the identified DBE non- compliance matter(s) is a material breach of the Agreement and is subject to administrative remedies including withholding at a minimum of two percent (2%) of the invoice amount due per month for every month that the identified non- compliance matter(s) is not remedied. Upon satisfactory compliance, the Agency will release all withholdings.
In addition to administrative remedies defined in this section, the Agency is not precluded from invoking other contractual and/or legal remedies available under federal, state or local laws.
2. BID OPENING: The Agency publicly opens and reads bids at the time and place shown on the Notice Inviting Bids.
3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll -free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
(1) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 38/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (2) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
(3) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (4) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.)
B. Suspensions of Work Ordered by the Engineer
(1) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
(2) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
(3) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
(4) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
(1) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
(2) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 39/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such am ount as the engineer may determine to be fair and equitable.
(3) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
(4) The term “significant change” shall be construed to apply only to the following circumstances:
a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BE
GINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within fifteen (15) calendar days after the City’s issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of FIFTY ( 50) WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Victorville the sum of $ 3,500 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
8. BUY
AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in t he domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 40/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the contractor performs if they are available at the Job Site. Schedule work to allow time for QAP (Appendix A).
10. PR
OMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
11. F
ORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS)
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 41/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 42/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 43/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 44/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 45/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 46/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 47/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 48/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 49/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 50/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 51/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 52/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 53/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic Area Goal
(Percent)
174
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8 175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6 176
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
28. 9
25. 6
19. 6
14. 9
9. 1
17. 1
23.2 177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16. 1
14. 3
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 54/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA
CA Stanislaus
8120 Stockton, CA
CA San Joaquin
Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
12. 3
24. 3
19. 8
179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
19. 1
26. 1
23. 6
180
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
11. 9
28. 3
21. 5
19. 0
19. 7
24. 6
181
San Diego, CA:
SMSA Counties
7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
16. 9
18. 2
F
or the last full week of July during which work is performed under the contract, the prime contractor and each non-material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230).
Submit the forms by August 15.
13. TITLE VI ASSURANCES
The U.S. Department of Transportation Order No. 1050.2A requires all federal aid Department of Transportation contracts between an A gency an d a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, l eases, permits or similar instruments entered into by the recipient.
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 55/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub- agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub- applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports : CONTRACTOR shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives.
Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this infor mation, CONTRACTOR shall so certify to the recipient or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscriminat ion provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or b. cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions : CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub- agreement, including procurem ents of materials and leases of equipment, unless exempt by the REGULATIONS , or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub- agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 56/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 may request the United States to enter into such litigation to protect the interests of the United States.
A
PPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally -assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient , its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Offi ce of the Secretary, Part 21, Non- discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re- enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 57/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) A
PPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re- enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to enter or re- enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 58/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY
ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, co lor, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) A
PPENDIX E
During the performance of this C ontract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “C ontractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 59/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et s eq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discr imination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
14. USE OF UNITED STATES-FLAG VESSELS
(CARGO PREFERENCE ACT)
The CONTRACTOR agrees-
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 60/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on- board” commercial ocean bill -of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the contractor in the case of subcontractor bills -of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is 0. This section does not apply.
As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.
Before starting work, the prime contractor shall submit to the City of Victorville:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The prime contractor shall obtain the City of Victorville approval for this submitted information before the prime contractor starts work. The City of Victorville credits the contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status. The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 61/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City of Victorville and FHWA approves a program if one of the following is met:
1. It is calculated to:
▪ Meet the your equal employment opportunity responsibilities ▪ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk - typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off -site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Victorville reimburses the contractor 80 cents per hour of training given an employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal- aid project and contractor does at least one of the following:
a. Contribute to the cost of the training
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 62/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 b. Provide the instruction to the apprentice or trainee c. Pay the apprentice's or trainee's wages during the off-site training period
3. If the prime contractor complies with this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program
The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training
16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE EQUIPMENT AND SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses cove red telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 63/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024
17. ENVIRONMENTAL MITIGATION MEASURES
The prime contractor agrees to comply with mitigation measures included in this Bid Package, submit compliance records and report to City as needed throughout the construction of the Project.
Please refer to the Environmental Commitment Record” included in Section E.
18. OTHER
This is a federally funded project. In addition to all the requirements set forth in this bid package, prime contractor (and all subcontractors, where so specified) must comply with all additional requirements specified in the Caltrans Master Agreement and Program Supplement provided as a supplemental document to this bid package.
Requirements include but are not limited to, Fair Employment Practices, Nondiscrimination Assurances, Fiscal Provisions, and Audits, Third Party Contracting, and Records Retention and Reports. (Appendix B)
19. PROCUREMENT OF RECOVERED MATERIALS
Contractor and all subcontractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
20. FEDERAL WAGE RATES
Please refer to Instruction to Bidders, “Prevailing Wages” section. Enclosed herein are the federal wages applicable to this advertisement.
EXHIBIT B, FEDERAL-AID CONTRACT REAQUIREMENTS, PROJECT CC23-024 64/Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 65 Construction Contract/Danny C. Hubbs Construction, Inc./Project CC23-024 HSIPL-5380(038) EXHIBIT “C”
G
ENERAL FEDERAL WAGE DECISION
S
ee Attachment
10/25/22, 7:41 AM SAM.gov
https://sam.gov/wage-determination/CA20220026/13 1/24
"General Decision Number: CA20220026 10/14/2022
Superseded General Decision Number: CA20210026
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: San Bernardino County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2022. |
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2022. |
|______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
EXHIBIT C
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Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/18/2022
4 02/25/2022
5 04/01/2022
6 04/29/2022
7 08/05/2022
8 08/12/2022
9 08/19/2022
10 09/02/2022
11 09/30/2022
12 10/07/2022
13 10/14/2022
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66
---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
---------------------------------------------------------------- BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81 ---------------------------------------------------------------- * BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
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---------------------------------------------------------------- BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ---------------------------------------------------------------- BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
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Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0440-004 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer...................$ 39.60 3%+16.89
Technician..................$ 33.09 15.89
SCOPE OF WORK:
Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarms, and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data
systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station.
---------------------------------------------------------------- ELEC0477-002 06/01/2021
Rates Fringes
Electricians:....................$ 45.75 3%+25.33
CABLE SPLICER: $1.50 per hour above Electrician rate.
TUNNEL WORK: 10% above Electrician rate.
ZONE PAY:
Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all
contractors
Zone B - Any work performed outside Zone A's 80 road miles, shall add $12.00 per hour to the current wage scale.
---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
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(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
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GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator;
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Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
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Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
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GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
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(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
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tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is
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the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern
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County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
---------------------------------------------------------------- IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
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$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
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GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0783-002 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person,
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pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person,
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wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0783-005 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 21.45 ---------------------------------------------------------------- LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------
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LABO1414-003 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
Work at Military Bases - $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station, Vandenberg AFB.
---------------------------------------------------------------- PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 46.28 23.52 ---------------------------------------------------------------- PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- * PAIN1247-002 08/01/2022
Rates Fringes
SOFT FLOOR LAYER.................$ 39.95 15.28 ---------------------------------------------------------------- PLAS0200-008 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
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FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ---------------------------------------------------------------- PLUM0016-002 09/01/2022
Rates Fringes
PLUMBER, PIPEFITTER,
STEAMFITTER
Work at Edwards AFB.........$ 62.18 26.26
Work at Fort Irwin Army
Base........................$ 65.68 26.26
Work at Marine Corps
Logistic Base at Nebo,
Marine Corps Logistic Base
at Yermo and Twenty-Nine
Palms Marine Base...........$ 62.18 26.26
Work ONLY on new additions
and remodeling of bars,
restaurants, stores and
commercial buildings, not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 55.18 26.26
---------------------------------------------------------------- PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work....$ 42.29 23.03
---------------------------------------------------------------- ROOF0036-002 08/01/2022
Rates Fringes
ROOFER...........................$ 43.47 19.52 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per
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hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-009 04/01/2022
Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario
Rates Fringes
SPRINKLER FITTER.................$ 43.25 26.77 ---------------------------------------------------------------- SFCA0709-004 01/01/2021
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO:
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 48.71 29.15 ---------------------------------------------------------------- SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
---------------------------------------------------------------- TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:
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PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this
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contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which
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these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
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Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISIO"
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Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: December 6, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Award of Construction Contract – Old Town Sidewalk Connectivity Project – Phase 1 Recommendation:
That the Honorable City Council:
(1) Approve the Notice of Exemption for the Old Town Sidewalk Connectivity Project – Phase 1; and
(2) Award a construction contract to LCR Earthwork & Engineering, Corp., in the amount of $775,879.00 for the Old Town Sidewalk Connectivity Project – Phase 1.
Fiscal Impact:
This action will result in a fiscal impact of $775,879.00. An additional appropriation is not required. This project will be funded by the following funds: Transportation Development Act (TDA) Article 3, Fund 233 and; Measure I, Fund 250.
This Capital Improvement Project was originally included in the FY 2020/2021 budget, which has been rolled over into the current fiscal year. Please refer to the table below that shows the account numbers, and available budget.
Account No.
Available
Budget
2504500-55315-60134 $551,895.06
2334500-55315-60134 $244,000.00
Total $795,895.06
Background:
In May of 2019, the Engineering Department submitted an application to the San Bernardino County Transportation Authority (SBCTA) for a TDA Article 3 Call for Projects for a Bicycle and Pedestrian Facilities grant in the small projects category for the Old 2 8
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Town Sidewalk Connectivity Project Phase 1. This category had a maximum request amount of $250,000.00. In July of 2019, the Engineering Department received a notification from the San Bernardino County Transportation Authority (SBCTA) the application was approved for funding in the amount of $244,000.00. A minimum match of $244,000.00 is required for this project.
The Old Town Sidewalk Connectivity Project grant for Phase 1 was awarded for proposed infrastructure improvements which includes the construction of sidewalks, curb ramps and drive approaches in Old Town Victorville. Several blocks of Old Town Victorville are missing pedestrian accessible paths of travel along the existing streets. The submission of the application for the TDA Article 3 grant funds and subsequent notice of award has provided the City with additional funds to advertise, contract and construct the missing segments of sidewalk, intersection curb ramps and replace none-compliant drive approaches to meet the Americans with Disabilities Act requirements.
The proposed improvements will serve pedestrians in the Old Town Victorville area.
Walkers of various ages, including school children and the physically disabled will benefit from this proposed improvement in Old Town Victorville. The proposed project will add concrete improvements adjacent to existing curb and gutter at twelve locations on the following streets: Forrest Ave.; “A” Street, “B” Street; “C” Street; 2nd Street; 4th Street; and 5th Street. Please refer to Attachment A, a location map of the project.
This project aligns with Goal E, Strategy 1 in the City’s 2020 Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.”
On April 19, 2022, City Council authorized the submittal of claims, requests for reimbursements for TDA Article 3 funds from SBCTA and the City Engineer to certify the completion of the project. A Notice of Inviting Bids was advertised on June 6, 2022. On July 14, 2022, six bids were received. On August 16, 2022, the City Council approved the recommendation from staff to reject all bids due to bidder errors, omissions, and high bid costs and to re-advertise the project after a reduction in the scope of work was made. The lowest responsive, responsible bid was $924,585.96. One sidewalk location, on B St. between Hesperia Rd. and 10th St., which had the highest cost, was deleted from the project scope. On October 5, 2022, the SBCTA Board to approve the scope change, as required according to the TDA Article 3 guidelines.
Discussion:
The project plans, specifications and engineer’s estimate for the project were prepared in-house by the City of Victorville Engineering Department. This project was bid using formal bidding procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. The project was re-advertised starting on October 14, 2022. On November 10, 2022, five bids were received and publicly read aloud. The bid results are shown below.
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Company Bid Amount
LCR Earthwork & Engineering, Corp. $775,879.00
Jergensen Construction $832,564.05
GCCS $839,038.13
DM Contracting $897,037.00
Leonilda Builders $897,356.00
After a careful review and tabulation of the bid proposals, staff determined that the lowest responsive, responsible bidder is LCR Earthwork & Engineering, Corp. The Engineer’s estimate for the project was $866,000.00. The low bid is about 10.4% below the estimate.
Because this project is not federally funded, there are no Disadvantaged Business Enterprise (DBE) program requirements.
The Engineering Department will be responsible for the management of the construction of this project. Construction is likely to start by February 2023. It is estimated that the duration of the project will be less than three months. The total duration of the project will depend on weather conditions and lead time for procurement of construction materials.
Projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). According to the CEQA statues and guidelines, this project is exempt from an environmental review per Section 15301(c) for the replacement and minor alteration of existing public infrastructure. Please refer to Attachment B, the Notice of Exemption.
Staff recommends that the City Council approve the Notice of Exemption and award a construction contract to LCR Earthwork & Engineering, Corp., in the amount of $775,879.00 for the Old Town Sidewalk Connectivity Project – Phase 1.
Staff remains available for any questions the City Council may have.
Attachments: A. Location Map
B. Notice of Exemption
C. Contract
ATTACHMENT A
ATTACHMENT B
Notice of Exemption
To: County Clerk From: City of Victorville
County of San Bernardino 14343 Civic Drive
385 North Arrowhead Avenue, Second Floor Victorville, CA 92392 San Bernardino, CA 92415-0130 Engineering Dept.
Activity: Sidewalk alterations
Activity Location - Specific: Various locations throughout Old Town Victorville area
Activity Location - City: Victorville Activity Location - County: San Bernardino
Description of Activity: The removal, installation, and extension of existing sidewalk, ramps and drive approaches adjacent to multiple roads.
Name of Public Agency Approving Activity: City of Victorville
Name of Person or Agency Carry Out Activity: City of Victorville
Exemption Status:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number : Class 1 15301(c)
Statutory Exemptions. State code number:
Reasons why project is exempt: This project involves the removal, replacement and extension of existing concrete, asphalt, or earthen sidewalks, curb ramps, and drive approaches throughout Old Town Victorville adjacent to existing public roads paved with asphalt bordered by concrete curb and gutters. Work to existing concrete walkways and the extension of concrete over earthen walkways to fill in gaps between concrete walks will not adversely change the environments in which they currently reside adjacent to the existing public roads.
Lead Agency Contact Person: Brian Gengler, City Engineer
Area Code/Telephone Extension: (760) 955-5157
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project:
Yes No
Signature: Date: Title:
Signed by Lead Agency
Signed by Applicant
ATTACHMENT C
1 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
CONSTRUCTION CONTRACT
BY AND BETWEEN
THE CITY OF VICTORVILLE AND
LCR EARTHWORK & ENGINEERING CORP.
FOR
OLD TOWN SIDEWALK CONNECTIVITY PROJECT – PHASE 1
CITY PROJECT NO. CC23-051
THIS CONSTRUCTION CONTRACT (the “Contract”) dated ______________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and LCR Earthwork & Engineering Corp. , a California corporation, hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City requires construction of Old Town Sidewalk Connectivity Project, Phase I, as more fully described in the solicitation documents issued by the City for Project No.
CC23-051 (the “Project”); and
WHEREAS, on October 14, 2022, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized Corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on December 6, 2022, the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.
Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 2 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);
(2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions
(7) Greenbook 2021 Edition
(8) Appendices
(9) Plans
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.
Section 3. C
ONTRACTOR’S OBLIGATIONS
Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of Brian Gengler, City Engineer, or his designee (hereinafter the “Project Manager”).
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor SEVEN HUNDRED SEVENTY- FIVE THOUSAND EIGHT HUNDRED SEVENTY-NINE AND 00/100 DOLLARS, ($775,879.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A” ) subject to the provisions of this Contract and the Contract Documents.
b. Procedures relating to payment and retention are set forth in the Special Provisions.
Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of FIFTY (50) WORKING DAYS, commencing within FIFTEEN (15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
3 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. D ISPUTE 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 Contract, 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 Special Provisions. i) 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.
ii) 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, City and Contractor agree to comply with the following process:
• Each Party shall designate a senior management or executive level representative to negotiate any dispute.
• The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
• 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 p rovisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
• The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
• 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 City.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying 4 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue. b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
(3) 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. (4) 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.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. 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 Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) 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; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, 5 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
(5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure. The City 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 City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PRE VAILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California 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 City’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 Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
c. 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 6 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
“Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked 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 penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and (b) Contractor or the Subcontractor has complied with 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 City, 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) E nforcement . Upon notice of noncompliance with Labor 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 the 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. d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
e. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation. f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors. g. 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 City 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. 7 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
(2) The Contractor or Subcontractor shall, as a penalty to the City, 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 City 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.
h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. i. DIR Registration . Pursuant to Labor Code sections 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 regi stration for the duration of the Project.
Section 1
0. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of One Thousand Dollars ($1.000.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
Section 1 1. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence resulting from the acts or omissions of 8 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than Five Million Dollars ($5,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.. (3) Workers’ Compensation Insurance : Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor 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 City.
(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all- risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations. Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment.
(a) City of Victorville shall be named as a Loss Payee. (b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, st ructure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers. (2) W
aiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. 9 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A;VII.
(4) P roof of Insurance Coverage Required Prior to Commencement of Work. W ithin ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished. (5) S
pecial Provisions. Any additional insurance requirements set forth in Section 5- 4 of the Special Provisions shall also apply to this Contract. (6) O ther Required Endorsements .
(a) The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non- payment, ten (10) days advance written notice shall be given. (b) The CGL and vehicle liability policies shall be endorsed as Primary and Non-contributory.
c. Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
Section 1
4. Reserved.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter " Claims or Liabilities ") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Cont ractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active 10 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter - Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. City will timely notify Contractor upon receipt o f any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract.
Contractor shall require the same indemnification from all Subcontractors.
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free 11 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from 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 the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 20. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract 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:
To City: Brian Gengler, City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
12 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
To Contractor: Jennifer Mendoza, President
LCR Earthwork & Engineering Corp.
3200 E. Guasti Rd., Suite 100
Ontario, CA 91761
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. c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City 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 Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one- year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.
Section 25. CA
RE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.
13 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
Section 26. C APTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, 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 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
14 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
Section 34. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
(END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
15 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE LCR EARTHWORK & ENGINEERING CORP.
By: __ By: _______________________________
Debra Jones, Mayor Jennifer Mendoza, President
Dated: _ Dated: ____________________________
ATTEST
By: _
Jennifer Thompson,
City Clerk
Dated: _
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By:
Lee Brown, Risk Manager
Dated:
16 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
EXHIBIT A
SCOPE OF WORK
City agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number CC23-051, the entirety of which is currently on file in office of the City Clerk); (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B"); and (iii) with the instructions of the City Engineer.
17 Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051
EXHIBIT B
CONTRACTOR'S BID PROPOSAL
EXHIBIT B, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-051
18/Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051 EXHIBIT B, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-051
19/Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051 EXHIBIT B, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-051
20/Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051 EXHIBIT B, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-051
21/Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051 EXHIBIT B, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-051
22/Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051 EXHIBIT B, CONTRACTOR'S BID PROPOSAL, PROJECT CC23-051
23/Construction Contract/LCR Earthwork & Engineering Corp./Project CC23-051 Item Number: 3
City Council / Board of Directors
Public Hearing
Meeting of: December 6, 2022
Submitted By:
Sophie L. Smith, Deputy City Manager
Brian Fallon, Fire Chief
Subject:
Introduction of City Council Ordinance No. 2433 repealing and amending various chapters and sections of Title 8 (Fire) of the Victorville Municipal Code Recommendation:
That Your Honorable City Council:
1. Open and conduct a public hearing to receive citizen comments regarding Ordinance No. 2433 and the Municipal Code Amendments included therein;
2. Introduce Ordinance No. 2433 for adoption and first reading by title only; and
3. Waive further reading in full of proposed Ordinance No. 2433 Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
The State of California triennially adopts updated versions of all parts of Title 24 of the California Code of Regulations. California Health and Safety Code section 17960 requires cities and other local jurisdictions to enforce the provisions of the California Building Code Standards published by the California Buildings Standards Commission in Title 24 of the California Code of Regulations. On November 15, 2022, Your Honorable City Council considered various amendments to the California Building Code that affect Title 16 of the Victorville Municipal Code. Part 9 of Title 24 of the California Code of Regulations is the California Fire Code (“CFC”). Currently before the Council for consideration within Ordinance 2433 are amendments to the California Fire Code that affect Title 8 of the Victorville Municipal Code.
Discussion:
Fire Code Amendments:
Proposed Ordinance No. 2433 (Attachment A) will revise Chapter 8.08 of Title 8 of the Victorville Municipal Code (“VMC”) to adopt by reference the 2022 version of the CFC, including Appendices B, BB, C, CC, D, E, F, H and I, and other local amendments as permitted by State law. The majority of the revisions are simply updates to the 2019 version of the code already enforced by the Fire Prevention Division as required by the State. The additional updates are clarifying and/or clean-up changes. Adoption of the 2022 CFC will bring Victorville into compliance with the State mandated Fire Code; therefore, providing an increased overall level of code compliance within the City. The State requires all the California Building Code Standards, including the CFC, to be adopted by local agencies prior to their effective date of January 1, 2023.
As the 2022 CFC exceeds 800 pages of text, the entirety of Part 9 of Title 24 cannot feasibly be included in this Staff Report. However, the full text of the California Fire Code is available at https://www.dgs.ca.gov/BSC/Codes.
2022 CFC Revisions provide for updates in alignment with the National Fire Protection Association (NFPA) and the International Fire Code (2021), providing an increase in the fire and life safety protection levels with the community.
Additional Revisions to Title 8
In February 2019, Ordinance No. 2382 was adopted as part of the re-establishment of the City’s Fire Department. Ordinance No. 2382 established Title 8 of the VMC as “Fire” and added new chapters to memorialize the establishment of the City of Victorville Fire Department. However, now that the Victorville Fire Department has been operational for over three years, changes to Title 8 are being recommended to more accurately reflect today’s daily operations.
Within the attached Ordinance No. 2433, numerous minor revisions to Title 8 have been made to correct defined terms, capitalization, etc. More substantive changes have been made to the following chapters:
Chapter 8.04 has been updated to reflect the current composition and staffing of the department. Additionally, in Chapter 8.04.060 the requirement for department-level rules, regulations and/or policies to be approved by the City Council has been revised to more appropriately reflect the City Manager’s role in overseeing the daily operations of the City and staff.
Chapter 8.06 regarding a Reserve Firefighter Program is being recommended to be eliminated. Prior to the re-launch of the Fire Department, a reserve program for volunteers was envisioned. However, no such program has been launched and is not being contemplated at this time. Additionally, the existing language in Chapter 8.06 requiring the establishment of a Reserve Program conflicts with the Memorandum of Understanding that was approved by the City Council in May 2022 in that the establishment of such program was not held as a management right. The establishment of such a program would most likely be subject to negotiations with the labor union that represents various employees in the Fire Department. The labor union did not exist when this provision was added to the VMC in 2019.
Chapter 8.10 regarding cost recovery for certain fire responses is being revised to clarify language regarding cost recovery for fires on City-owned property. Additionally, language regarding the cost recovery methodology has been updated given the City Council’s recent adoption of updated User Fees, which included cost recovery amounts related to Fire.
Altogether, the various changes to Title 8 are intended to more accurately capture the existing Fire Department’s operation and to clarify language or processes that are in place A blackline comparison version showing the changes to be made by the proposed Ordinance is included as Attachment B. Staff recommends that the Honorable City Council adopt Ordinance No. 2433 as discussed herein.
Staff remains available for any questions or comments.
Attachments: A. Ordinance No. 2433
B. Blackline Version of Title 8 Showing Revisions
ATTACHMENT A
Ordinance No. 2433