Staff Levels & Fiscal Year Stats Page 1
Case Type Comparison
Enforcement Type Comparison
Parking Enforcement
Homeless Outreach
Fourth Quarter Highlights
Current Recruitments
• 1 Code Enforcement Supervisor
• 1 Code Enforcement Officer I
Firework Enforcement Report
Case Type Comparison
Enforcement Type Comparison
Case Classification Increase
In fiscal year 2023, Code Enforcement increased the number of case classifications to improve case categorization. Additional case classification types have been programmed to improve case management protocols.
Parking Enforcement Comparison
Homeless Outreach Surveys 04/01/2023 - 06/30/2023
• 222 outreach surveys were completed in the field during this time period. • 116 people accepted shelter referrals from the Homeless Engagement Team. • 77 of the people were new clients.
• 39 of the people were previous clients which re-entered the shelter. • During this time period, the average bed occupancy was 81 (92 total) and the average kennel occupancy for pets was 10 (11 total).
Shelter Client Demographic Report
Fiscal Year 2023 - Quarter 4 Highlights
• Firework Patrol (If You Light it We’ll Write It)
During this years Firework patrolling efforts, the Code Enforcement Divi- sion received and responded to about 607 firework reports between May 26th and July 9th. Code Enforcement issued 42 citations for illegal fire- work use and possession during this years efforts.
• Concerts in the Park
The Concerts in the Park event was a city wide event held in June and July and each Department had the opportunity to participate by setting up a booth. Many residents used the event as an opportunity to connect with the Code Compliance Department on a more personal level. This event had a very successful turn out and gave the Code Compliance Department a great opportunity to interact with the public while building friendly and professional relationships.
• Dog Walking
The Code Enforcement team assisted the Animal Care and Control team with dog care such as dog walking and kennel cleaning throughout the months of May and June. This gave both divisions of the Code Com- pliance Department the opportunity to come together and provide neces- sary attention to the dogs in need of human interaction/socialization while they await being picked up by their owner or adopted by their new family.
2023 Summary of Fireworks Compliance
Efforts
2022
Online Resident Fireworks Reports and Heat Map
2023
2023 2022
July 4th Citations 2023 2022
Project Improvements
ce Increase use of photo or video
eviden submitted by residents
Consider the use of drone technology.
Expanded geofencing advertisement
Extension of violation period from 6
months to 36 months for repeat offenders.
AƩachment B
Staff Levels Page 1
AdopƟon Events Page 1
Shelter Updates Page 2
Quarterly Highlight Page 4
In this Quarterly Report:
Quarterly Update FY 2023/ Quarter 4
Stafϐing Levels
Filled Positions
2 Animal Care & Control Supervisors
6 Animal Control Ofϐicers
2 Animal Control Technicians
Temporary Positions Pending
3 Kennel Technicians
Animal Control Vehicles
5 Transport Trucks - Active Fleet
1 Pickup Truck - Active Fleet
On June 3rd, 2023, Victorville Animal Care
& Control held its first adopƟon event in in
front of City Hall. The debut event was in
tandem the popular bi ‐annual low ‐cost
vaccinaƟon and licensing clinic. Seven dogs
and one cat were adopted at the event,
while 200 dogs were licensed and 181 pets
were microchipped. This event was the
kick o ff for weekly adop Ɵon events, held
every Saturday, at the Animal Control
Office. During the 4th quarter, 18 dogs and
4 cats went to new homes.
Dog Licenses Page 4
Shelter Updates (Cont’d) Page 3
May 1, 2023 ‐ Victorville begins sheltering ani‐
mals. Kennel space is limited. AddiƟonal ken‐
nels are purchased and assembled. Several City
Departments assist in the transiƟon.
April 1, 2023 ‐ The City of Victorville is noƟfied
that our long standing animal shelter contract
with Victor Valley Animal ProtecƟve League
will be terminated as of April 30th.
April 10, 2023 ‐ Temporary shelter locaƟon
tours begin. Several properƟes were idenƟfied
and toured for potenƟal suitability.
May 8, 2023 ‐ Victorville FaciliƟes staff repair
and retrofit a covered area behind the current
Animal Control office which will temporarily
serve as the adopƟon center. The locaƟon could
potenƟally accommodate 20 dog kennels.
May 23, 2023 ‐ An available locaƟon has
been idenƟfied which can be rehabilitated to
a full service shelter for our ciƟzens and pets.
June 3rd, 2023 ‐ Saturday animal adopƟon
events begin.
June 8th, 2023 ‐ Public Works Department helps
move a repurposed shipping container which
will be used to comfortably house cats.
May 30th , 2023 ‐ Code Compliance staff
volunteer their Ɵme to walk the dogs for
exercise and enrichment. The first pets are picked
up by a Southern California rescue.
June 26th, 2023 ‐ OperaƟon Blankets of Love
makes a generous donaƟon of pet supplies to
the Victorville Animal Shelter.
June 16th, 2023 ‐ Victorville Tails debuts on the
City’s social media showcasing our adoptable
animals to a larger audience.
Animal Licensing
$15,000 Secured for Spay and
Neuter Voucher Program
Animal Care & Control was
granted $15,000 toward spay
and neuter programs from the
California Department of Food
& Agriculture. The Preven Ɵon
of Animal Homelessness and
Cruelty Grant assists animal
owners with reduced cost or no
cost spay and neuter for their
pets. These funds are expected
to assist 240 animals in the
coming fiscal year.
Under the state of emergency resoluƟon, Victorville Animal Care & Control waived fees for first‐Ɵme dog licenses to microchipped dogs. Every Thursday, Animal Control o ffers a free microchipping clinic at the office on Amargosa for residents with dogs needing a microchip to take advantage of the program, which will con Ɵnue unƟl the end of 2023. In quarter 4, 464 dogs have applied for licensing with microchips.
81 297
112
Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Sophie L. Smith, Deputy City Manager
Josefina Trevino, Human Resources Officer
Subject:
Revisions to the Table of Organization, Resolution No. 23-077 Recommendation:
That the Honorable City Council adopt Resolution No. 23-077, revising the Table of Organization, effective August 15, 2023.
Fiscal Impact:
None.
Strategic Plan Goal:
The item is consistent with Strategic Plan Goal “G” “Organizational Effectiveness and Sustainability” in that the organizational structure must be reviewed and evaluated regularly, and revised accordingly, to maximize organizational effectiveness and sustainability.
Discussion:
During the August 15, 2023, City Council Meeting, the City Council approved a 5% merit increase to the City Manager’s salary. The annual base salary will increase from $312,264 to $327,876. The updated monthly base salary included in the attached Table of Organization Resolution No. 23-077, increased from $26,066 to $27,323. Accordingly, the updated Table of Organization is being presented to incorporate the Council approved salary. As an additional clean-up item, the updated Table of Organization also includes a title change from Finance Manager to Purchasing Manager.
Attachments: A. Resolution No. 23-077
Attachment A
Resolution No. 23-077
Resolution 23-077 FY 2023-2024 Updated Table of Organization RESOLUTION NO. 23-077
A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF VICTORVILLE AMENDING THE TABLE OF ORGANIZATION TO UPDATE THE MONTHLY SALARY FOR THE CITY MANAGER TO INCLUDE A 5% MERIT INCREASE AND TO UPDATE A TITLE FROM FINANCE MANAGER TO PURCHASING MANAGER.
WHEREAS, the City of Victorville Council adopted an amendment to the City M anager’s contract to include a 5% merit increase on August 15, 2023; and
WHEREAS, the attached Table of Organization has been updated accordingly to reflect this change as well as a correction of one position title from Finance Manager to Purchasing Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Table of Organization for Fiscal Year 2023-2024 is hereby revised effective August 15, 2023.
A total of 538 full-time positions on such revised Table of Organization are authorized to be filled in accordance with the Personnel Ordinance of the City of Victorville. The salaries and compensation of officers and employees of the City of Victorville shall be otherwise established as provided in said Personnel Ordinance for the salary ranges to which position is assigned by the Benefit Resolution 23-038 for Fiscal-Year 2023-2024.
Resolution 23-077 FY 2023-2024 Updated Table of Organization
TABLE OF ORGANIZATION
NO. POSITION RANGE NO. POSITION RANGE
2 ACCOUNTANT 40 7581 9215 1 FIRE PLAN CHECKER 35 6701 8145 6 ADMINISTRATIVE ANALYST 41 7771 9445 0 FIREFIGHTER EMT FFEMT 5778 7023 5 ADMINISTRATIVE SECRETARY 29 5778 7023 36 FIREFIGHTER PARAMEDIC FFPM 7056 8663 1 AIRPORT BUSINESS ANALYST 41 7771 9445 1 FLEET ADMINISTRATIVE TE CHNICIAN 27 5499 6685 1 AIRPORT DIRECTOR 66 14406 17511 1 FLEET MANAGER 52 10196 12393 1 AIRPORT LEASING COORDINATOR 35 6701 8145 1 FLEET SUPERVISOR 40 7581 9215 1 AIRPORT MAINTENANCE SUPERVISOR 40 7581 9215 1 GAS OPERATIONS SUPERINTENDENT 45 8577 10426 7 AIRPORT MAINTENANCE WORKER 18 4404 5353 1 GIS COORDINATOR 39 7396 8990 3 AIRPORT OPERATIONS OFFICER 23 4982 6056 1 GIS MANAGER 52 10196 12393 1 AIRPORT OPERATIONS SUPERVISOR 40 7581 9215 1 GIS TE CHNICIAN 27 5499 6685 1 AIRPORT SPECIALIST 35 6701 8145 1 HOMELESSNESS SOLUTIONS COORDINATOR 42 7965 9681 1 AIRPORT TECHNICIAN 29 5778 7023 1 HOMELESSNESS SOLUTIONS MANAGER 52 10196 12393 2 ANIMAL CARE & CONTROL SUPERVISOR 40 7581 9215 3 HUMAN RESOURCES ANALYST 41 7771 9445 6 ANIMAL CONTROL OFFICER 30 5922 7199 1 HUMAN RESO URCES OFFICER 66 14406 17511 2 ANIMAL CONTROL TECHNICIAN 27 5499 6685 1 HUMAN RESOURCES SPECIALIST 35 6701 8145 1 ASSISTANT AIRPORT DIRECTOR 59 12119 14731 1 IT TE CHNICAL WRITER 27 5499 6685 1 ASSISTANT CITY CLERK 35 6701 8145 1 LEAD ACCOUNT CLERK 28 5637 6852 1 ASSISTANT CITY ENGINEER 59 12119 14731 1 LEAD ELECTRICIAN 38 7216 8771 1 ASSISTANT CITY PLANNER 59 12119 14731 1 LEAD LINE LOCATOR 28 5637 6852 1 ASSISTANT CITY SURVEYOR 41 7771 9445 2 LEAD MECHANIC 36 6868 8348 1 ASSISTANT DIRECTOR OF FINANCE 59 12119 14731 2 LIBRARY COORDINATOR 27 5499 6685 1 ASSISTANT DIRECTOR OF HUMAN RESOURCES 59 12119 14731 1 LIBRARY MANAGER 52 10196 12393 2 ASSISTANT DIRECTOR OF PUBLIC WORKS & WATER 59 12119 14731 1 LICENSING TECHNICIAN 27 5499 6685 1 ASSISTANT DIRECTOR OF UTILITIES 59 12119 14731 1 LINE LOCATOR 25 5234 6363 8 ASSISTANT ENGINEER I 41 7771 9445 9 MAINTENANCE LEAD WORKER 28 5637 6852 1 ASSISTANT ENGINEER II 45 8577 10426 1 MAINTENANCE SUPERVISOR 40 7581 9215 1 ASSISTANT PLANNER 37 7040 8557 48 MAINTENANCE WORKER 18 4404 5353 1 ASSISTANT TO THE CITY MANAGER 59 12119 14731 3 MANAGEMENT SPECIALIST 35 6701 8145 1 ASSOCIATE CIVIL ENGINEER 52 10196 12393 6 MANAGEMENT TE CHNICIAN 29 5778 7023 2 ASSOCIATE PLANNER 44 8368 10171 1 MARKETING TE CHNICIAN 29 5778 7023 1 BATT CHIEF-DFM 56 11254 13679 1 MECHANIC 23 4982 6056 3 BATTALION CHIEF 56 11254 13679 1 NETWORK ADMINISTRATOR 39 7396 8990 1 BILLING TECHNICIAN 29 5778 7023 1 NETWORK ENGINEER 52 10196 12393 1 BUILDING DIVISIONS MANAGER 52 10196 12393 8 OFFICE ASSISTANT 17 4296 5222 2 BUILDING INSPECTOR 35 6701 8145 1 PARKS SUPERVISOR 40 7581 9215 1 BUILDING OFFICIAL 66 14406 17511 1 PAYROLL SPECIALIST 35 6701 8145 1 BUSINESS INTELLIGENCE DEVELOPER 39 7396 8990 1 PAYROLL SUPERVISOR 40 7581 9215 1 BUYER 33 6378 7752 2 PAYROLL TE CHNICIAN 29 5778 7023 1 CHILDREN'S LIBRARIAN 27 5499 6685 5 PERMIT TECHNICIAN 27 5499 6685 1 CITY CLERK 66 14406 17511 1 PLAN CHECKER 35 6701 8145 5 CITY COUNCIL MEMBER 1200 1 PLANNING TE CHNICIAN 27 5499 6685 1 CITY ENGINEER 66 14406 17511 1 PUBLIC INFORMATION OFFICER 66 14406 17511 1 CITY MANAGER 27323 1 PUBLIC WORKS & WATER DIRECTOR 66 14406 17511 1 CITY PLANNER 66 14406 17511 4 PUBLIC WORKS INSPECTOR 35 6701 8145 1 CITY SURVEYOR 52 10196 12393 2 PUBLIC WORKS MANAGER 52 10196 12393 3 CODE COMPLIANCE TECHNICIAN 27 5499 6685 2 PUBLIC WORKS SUPERVISOR 40 7581 9215 3 CODE ENFORCEMENT OFFICER I 30 5922 7199 1 PUBLIC WORKS TE CHNICIAN 29 5778 7023 11 CODE ENFORCEMENT OFFICER II 35 6701 8145 1 P URCHASING MANAGER 52 10196 12393 1 CODE ENFORCEMENT OFFICIAL 66 14406 17511 1 REAL ESTATE SPECIALIST 38 7216 8771 3 CODE ENFORCEMENT SUPERVISOR 42 7965 9681 1 RECREATION MANAGER 52 10196 12393 1 COMMUNICATION ASSISTANT 21 4742 5764 3 RECREATION SUPERVISOR 40 7581 9215 1 COMMUNITY RELATIONS SPECIALIST 35 6701 8145 1 RISK MANAGER 52 10196 12393 1 COMMUNITY SERVICES COORDINATOR 27 5499 6685 1 SCADA COORDINATOR 42 7965 9681 1 CONTRACT SPECIALIST 35 6701 8145 17 SECRETARY 21 4742 5764 1 CROSS CONNECTION COORDINATOR 35 6701 8145 8 SENIOR ACCOUNT CLERK 24 5107 6207 1 CROSS CONNECTION TECHNICIAN 31 6070 7379 2 SENIOR ADMINISTRATIVE ANALYST 47 9011 10954 1 CUSTOMER SERVICE LEAD REP 28 5637 6852 1 SENIOR AIRPORT MAINTENANCE LW 32 6222 7563 12 CUSTOMER SERVICE REP 20 4626 5624 1 SENIOR AIRPORT MAINTENANCE WORKER 22 4861 5908 1 CYBER SECURITY ADMINISTRATOR 39 7396 8990 1 SENIOR AIRPORT OPERATIONS OFFICER 27 5499 6685 1 DEPUTY CHIEF OF ADMINISTRATION 59 12119 14731 1 SENIOR BUILDING INSPECTOR 42 7965 9681 1 DEPUTY CHIEF OF OPERATIONS 59 12119 14731 2 SENIOR CIVIL ENGINEER 55 10980 13346 1 DEPUTY CITY CLERK 29 5778 7023 2 SENIOR CUSTOMER SERVICE REP 24 5107 6207 2 DEPUTY CITY MANAGER 73 17124 20815 3 SENIOR EQUIPMENT OPERATOR 27 5499 6685 1 DEVELOPMENT SPECIALIST 35 6701 8145 1 SENIOR FIRE MECHANIC 34 6537 7946 1 DEVELOPMENT TECHNICIAN 29 5778 7023 3 SENIOR MAINTENANCE LEADWORKER 32 6222 7563 1 DIRECTOR OF COMMUNITY SERVICES 66 14406 17511 23 SENIOR MAINTENANCE WORKER 22 4861 5908 1 DIRECTOR OF ELECTRIC UTILITY SVCS 66 14406 17511 6 SENIOR MECHANIC 29 5778 7023 1 DIRECTOR OF FINANCE 66 14406 17511 2 SENIOR PLAN CHECKER 42 7965 9681 1 DIVISION CHIEF DC 11595 14093 1 SENIOR PLANNER 52 10196 12393 1 ECONOMIC DEVELOPMENT MANAGER 52 10196 12393 2 SENIOR TRAFFIC SIGNAL MAINTENANCE TE CHNICIAN 33 6378 7752 1 ECONOMIC DEVELOPMENT TECHNICIAN 27 5499 6685 2 SENIOR WATER DISTRIBUTION LEAD WORKER 36 6868 8348 2 ELECTRIC DISTRIB SPECIALIST 33 6378 7752 10 SENIOR WATER DISTRIBUTION WORKER 23 4982 6056 1 ELECTRICAL TECHNICIAN ASSISTANT 31 6070 7379 1 SENIOR WATER SUPPLY LEAD OPERATOR 38 7216 8771 1 ELECTRICIAN 33 6378 7752 8 SENIOR WATER SUPPLY OPERATOR 29 5778 7023 1 EMERGENCY MANAGEMENT COORDINATOR 45 8577 10426 1 SIGN TE CHNICIAN 24 5107 6207 1 EMS ADMISTRATIVE TECHNICIAN 27 5499 6685 1 STRATEGIC COMMUNICATIONS SPECIALIST 35 6701 8145 1 EMS MANAGER 52 10196 12393 4 SWEEPER OPERATOR 24 5107 6207 1 EMS SPECIALIST 35 6701 8145 2 TE CHNOLOGY COORDINATOR 39 7396 8990 1 ENFORCEMENT MANAGER 52 10196 12393 1 TE CHNOLOGY MANAGER 52 10196 12393 2 ENGINEERING LEAD WORKER 28 5637 6852 1 TECHNOLOGY OFFICER 66 14406 17511 1 ENVIROMENTAL PROGRAMS COMPLIANCE INSPECTOR 30 5922 7199 4 TE CHNOLOGY TECHNICIAN 27 5499 6685 1 ENVIROMENTAL PROGRAMS SPECIALIST 35 6701 8145 1 TRAFFIC MAINTENANCE SUPERVISOR 40 7581 9215 1 ENVIROMENTAL PROGRAMS TECHNICIAN 29 5778 7023 2 TRAFFIC SIGNAL MAINTENANCE TE CHNICIAN 28 5637 6852 1 ENVIRONMENTAL PROGRAMS COORDINATOR 43 8164 9923 1 TRAINING BATTALION CHIEF 56 11254 13679 1 ENVIRONMENTAL PROGRAMS MANAGER 52 10196 12393 1 UTILITY DISTRIBUTION SUPERINTENDENT 45 8577 10426 6 EQUIPMENT OPERATOR 24 5107 6207 3 VEHICLE SERVICE WORKER 18 4404 5353 1 EXECUTIVE ASSISTANT TO THE DEPUTY CITY MANAGER 37 7040 8557 1 WAREHOUSE CLERK 20 4626 5624 1 FACILITIES MANAGER 52 10196 12393 2 WAREHOUSE TECHNICIAN 23 4982 6056 3 FINANCE ANALYST 47 9011 10954 2 WATER CONSERVATION SPECIALIST 30 5922 7199 1 FINANCE MANAGER 52 10196 12393 4 WATER DISTRIBUTION LEAD WORKER 28 5637 6852 1 FINANCE SPECIALIST 35 6701 8145 2 WATER DISTRIBUTION SUPERVISOR 40 7581 9215 3 FINANCE SUPERVISOR 40 7581 9215 11 WATER DISTRIBUTION WORKER 19 4514 5486 3 FINANCE TECHNICIAN 29 5778 7023 2 WATER MANAGER 52 10196 12393 18 FIRE CAPTAIN FC 8526 10468 2 WATER RESOURCES SUPERVISOR 40 7581 9215 1 FIRE CHIEF 66 14406 17511 1 WATER SAMPLING & COMPLIANCE COORDINATOR 35 6701 8145 18 FIRE ENGINEER FE 7309 8972 2 WATER SUPPLY LEAD OPERATOR 32 6222 7563 3 FIRE INSPECTOR 30 5922 7199 1 WATER SUPPLY SUPERVISOR 42 7965 9681 1 FIRE MECHANIC 31 6070 7379 1 WINDOWS SERVER ADMINISTRATOR 39 7396 8990 538 Authorized Positions
Resolution 23-077 FY 2023-2024 Updated Table of Organization
CITY OF VICTORVILLE
FISCALYEAR 2023-2024 TABLE OF ORGANIZATION
Revised and adopted by the City of Victorville Council effective August 15, 2023
MONTHLY
SALARY
MONTHLY
SALARY
Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the April 18, May 2, and May 16, 2023, Regular City Council Meetings and minutes of the May 31, 2023, Special City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on April 18, May 2, and May 16, 2023, and the minutes of the Special City Council Meeting held on May 31, 2023.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Attachments: A. Minutes of the April 18, 2023, Regular City Council Meeting B. Minutes of the May 2, 2023, Regular City Council Meeting C. Minutes of the May 16, 2023, Regular City Council Meeting D. Minutes of the May 31, 2023, Special City Council Meeting Attachment A
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 Minutes
Tuesday, April 18, 2023
6:00 p.m. Regular Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Pastor Dane Davis of Impact Christian Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations:
There were no conflicts of interest reported.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Al Cutillo spoke on general items
Edith Rogers spoke on general items
PUBLIC HEARING(S)
1. Approval request for the United States Department of Housing and Urban Development (HUD) required draft Fiscal Year 2023- 2024 Annual Action Plan, allocating Federal Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funds; and a request to authorize the allocation of Community Development Block Grant – Coronavirus (CDBG -CV) funds to subrecipients of the previously approved Community Outreach Program
Recommendation:
That the Honorable City Council:
(1) Conduct a public hearing to receive citizen, public and agency comments regarding the draft Fiscal Year 2023-2024 Annual Action Plan; (2) Approve Resolution No. 23-019 - Adopting the 2023-2024 Annual Action Plan, as presented for submittal to HUD, which contains the funding recommendations made by the Community Planning and Development (CPD) Grant Subcommittee; (3) Approve the allocation of $114,816.74 in available CDBG -CV - Community Outreach Program funding to High Desert Homeless Services, Symba Center, and Women of Noble Character to provide services eligible for CDBG-CV funding; (4) Authorize the City Manager to execute all necessary documents for submittal to HUD; and
(5) Approve the inclusion of operating restrictions for food distributors/providers, as recommended by the CPD Grant Subcommittee, within applicable subrecipient contracts.
Questions ensued
The Chair opened the Public Hearing
Edith Rogers spoke in opposition
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
CONSENT CALENDAR
2. Full Release of the Faithful Performance Securities for Case No. ESUB19-00003
Recommendation:
That the Honorable City Council approve the full release of the Faithful Performance securities for case ESUB19-00003.
3. Substitution of Trustee, Deed of Reconveyance and Termination and release of CC&R’s for Residential Rehabilitation Program case number 20- 06-15 (16696 Joshua Street, Victorville, CA 92395); as well as acceptance and reallocation of associated Program Income funds
Recommendation:
That City Council take the following actions regarding Residential Rehab ilitation Program Case No. 20-06-15:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the required termination and release of the original CC&R’s; (3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the termination and release of the original CC&R’s by the Deputy City Manager;
(4) Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income Account; and
(5) Adopt Resolution No. 23-023, amending the annual budget for fiscal year 2022- 2023 reallocating the subject $13,581.87 to Residential Rehabilitation Program Income funds to the Residential Rehabilitation Program.
4. Reduction of LMAD Securities for Tract Map No. 16774
Recommendation:
That the Honorable City Council:
(1) Approve the release of an additional 20- percent for the LMAD Faithful Performance Securities; and
(2) Accept the LMAD public improvements.
5. Commercial Demand Schedule No. 19
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 19 in the amount of $8,808,571.02, covering Electronic Fund Transfers No. 334060 through 334347 and Warrant No. 789690 through 789958 for 03/17/2023 through 04/05/2023 and Wire Transfers dated 03/27/2023 through 03/28/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
6. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedul e No. 9A for Payroll Period February 17, 2023, through March 03, 2023, in the amount of $1,942,668.95 covering Check Nos. 33306 through 33324, including Vendor checks. Please note employee Check No. 33311 & 33312 have a live Check and an EFT Advice. Also i ncluded are Advice Nos. 298042 through 298528, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
7. Minutes of the January 17, 2023, and February 7, 2023, Regular City Council Meetings, and January 31, 2023, and February 7, 2023, Special City Council Meetings
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on January 17, 2023, and February 7, 2023, and the minutes of the Special City Council Meetings held on January 31, 2023, and February 7, 2023.
Motion was made to approve staff recommendation s for Consent Calendar 2 through 7.
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
WRITTEN COMMUNICATIONS
8. Annual Financial Reports for the Fiscal Year Ended June 30, 2022
Recommendation:
That the City Council and Board of Directors approve a motion to receive and file the following:
(1) City of Victorville Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2022,
(2) Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Governmental Auditing Standards for the Fiscal Year ended June 30, 2022,
(3) Victorville Water District Basic Financial Statements for the Fiscal Year ended June 30, 2022, and
(4) Southern California Logistics Airport Authority Basic Financial Statements for the Fiscal Year ended June 30, 2022.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
9. Funding for Technology Professional Services
Recommendation:
That the Honorable City Council:
1) Approve Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Robert Half International, Inc. (“RH”), increasing the amount not to exceed $218,000.00, to provide temporary staffing, direct -hire, and other professional services.
2) Authorize the City Manager to execute any documents related to this transaction.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Harriman
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
10. Pet Assistance and Support (PAS) Program – Round 3
Recommendation:
That the City Council adopt Resolution No. 23- 020 approving the acceptance of additional funding offered by the Pet Assistance and Support (PAS) Program, Round 3 funding in the amount of $15,959.00, amend the FY 2022/23 budget and authorize the City Manager or his designee to process all documents required for program administration.
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
11. Interagency Loan Agreement by and between the City of Victorville (on behalf of Victorville Municipal Utility Services) and the Southern California Logistics Airport Authority
Recommendation:
That Your Honorable City Council and Southern California Logistics Airport Authority Board of Directors approve the Interagency Loan Agreement between the City of Victorville (on behalf of Victorville Municipal Utility Services) (“VMUS”) and the Southern California Logistics Airport Authority (“SCLAA”) in the amount of $2 million (“Agreement”).
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
12. Clean California Local Grant Program Application for I -15 Interchanges Beautification Project
Recommendation:
That the Honorable City Council take the following actions:
(1) Adopt Resolution No. 23- 026 approving the application for Clean California Local Grant Program Application for the I-15 Interchanges Beautification Project; (2) Approve City matching funds not to exceed $500,000; and (3) Authorize the City Manager or his designee to process all documents required for grant administration.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Mayor Pro Tem Becerra lost connection at 7:19 p.m. and did not rejoin
13. City Manager Reports
City Manager Keith C. Metzler announced that Saturday, April 22, 2023, is our
Community Clean-Up Day, from 8:30 am to 11:30 am.
He also announced Victorville Sings is back and applications are now being accepted. The first round of auditions will be Wednesday, May 17, 2023, from 5:00 pm to 9:00 pm. at the Victorville Activity Center.
Tenant improvement work for Superior Grocers is starting at the former Builders Emporium building between the streets of 7th and La Paz.
14. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item regarding providing a monthly mileage allowance to the Mayor in the amount of $250 and the Mayor Pro Tem in the amount of $150 per month for additional travel required in connection with the duties of said positions for discussion and possible action at the May 2, 2023 City Council meeting.
Moved: Mayor Jones
Seconded: Council Member Harriman
Motion passed 3-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Jones Noes: Council Member Gomez
Absent: Mayor Pro Tem Becerra
15. Reports from Council Members
Council Member Harriman reported on how pleased he was regarding the Clean California Local Grant Program. He is also excited to see the community’s ideas during this project.
Mayor Jones reported on her attendance to the Public Works Day at Sunset Ridge Park with 4th graders from various schools. She also reported on her attendance to the Audit Committee meeting. Mayor Jones also attended the ribbon cutting ceremony for Hannah’s Nursery and Landscaping. She also attended the City Leaders Summit with the League of California Cities with her fellow Coun cil members and Keith C. Metzler.
Adjournment
Mayor Jones adjourned the meeting at 7:24 p.m.
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment B
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 Minutes
Tuesday, May 2, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Public Comments
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced six (6) closed session items as set forth on the agenda.
VICTORVILLE WATER DISTRICT
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Luckey 2010 Revocable Trust
Under Negotiation: Price and terms
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Bastianon Revocable Trust
Under Negotiation: Price and terms
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Frazier, et al.
Under Negotiation: Price and terms
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Bobby and Valeria Brown
Under Negotiation: Price and terms
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Glen Sudmeier
Under Negotiation: Price and terms
F. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Joan Paustell-Beinschroth
Under Negotiation: Price and terms
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced six (6) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.
Invocation: Elder Daroyl Scott of Burning Bush Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City Clerk Swearing in of Fire Chief David Foster
City Clerk Swearing in of Fire Captain Kenneth Hower
City Clerk Swearing in of Fire Captain Derek Sutton
City Clerk Swearing in of Fire Engineer Cormac O’Connell
City Clerk Swearing in of Fire Engineer Nicholas Noriega
Presentation of Code Enforcement Challenge Coins
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Mayor Jones adjourned the meeting in Memorial to Lucio Hernandez
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Robert Richardson spoke on general items
PUBLIC HEARING(S)
1. Approve three state funded projects in Cycle 11 of the Highway Safety Improvement Program (HSIP) and Notices of Exemptions
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, receive testimony regarding the proposed projects; and
(2) Approve the following projects and respective notices of exemptions:
Traffic
Signal Installation at Village Drive and Puesta Del Sol Drive Project, Rectangular Rapid Flashing Beacon Installation Project, and Retroreflective Borders for Backplates of 96 Traffic Signals.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
2. Repeal of Uncodified Ordinance No. 1460 and Resolution No. 90 -158 – Storm Drainage Benefit Fee System
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing to receive comments regarding Ordinance No. 2436, repealing Ordinance No. 1460 (an ordinance establishing a benefit fee system to finance the cost of construction of sto rm drainage improvements for Northern and Central Victorville) and directing the non- codification of the ordinance;
(2) Find the repeal of Ordinance No. 1460 exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines;
(3) Introduce Ordinance No. 2436 for adoption and first reading by title only; (4) Waive further public reading in full of proposed Ordinance No. 2436; and (5) Adopt Resolution No. 23- 029, repealing Resolution N o. 90- 158 (requiring payment of the storm drain fee in the area of benefit established by Victorville City Council Ordinance No. 1406) and directing the recording of the resolution.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
CONSENT CALENDAR
3. Used Oil Payment Program Grant Cycle OPP 13 Acceptance and Budget
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 23-028 to authorize acceptance of the Used Oil Payment Program Cycle 13 Grant and authorize the City Manager or his designee to process all documents required for program administration; and
(2) Ratify the associated expenditure plan.
4. Public Works O&M Statistics for the Third Quarter of Fiscal Year 2023
Recommendation:
That the Honorable Victorville City Council review and file.
5. Partial Securities Release for Case No. EWTR21-00264
Recommendation:
That the Honorable City Council:
(1) Approve an 80- percent release of the Water Faithful Performance Securities for case EWTR21-00264; and
(2) Accept the water improvements.
6. Quarterly Investment Report as of March 31, 2023
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2023.
7. Commercial Demand Schedule No. 20
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 20 in the amount of $8,698,154.38, covering Electronic Fund Transfers No. 334348 through 334493 and Warrant No. 789959 through 790142 for 04/06/2023 through 04/19/2023, per the adopted budget for Fiscal Year 2022- 2023 for the period covering July 1, 2022 through June 30, 2023.
8. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 9B for Payroll Period March 03, 2023, through March 17, 2023, in the amount of $1,871,259.19 covering Check Nos. 33325 through 33350, including Vendor checks. Please note emplo yee Check No. 33336 has a live Check and an EFT Advice. Also included are Advice Nos. 298529 through 299019 and 299021, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
9. Settlement Agreement between the City of Victorville and Bayou Title Holding Trust/Trustee Van Nguyen
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Bayou Title Holding Trust/Trustee Van Nguyen and the City of Victorville in regard to Citation No. 27258 and authorize the City Manager to sign the Citation Settlement Agreement.
10. Notice of Completion - Doris Davies Pool Re-plaster
Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Doris Davies Pool Re-plaster.
Questions and Comments ensued for items 3, 4, 7, 8, and 9
Motion was made to approve staff recommendations for Consent Calendar items 3 through 10
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
WRITTEN COMMUNICATIONS
11. Amendment No. 1 to the General Services Provider Standard Agreement with Univar Solutions USA, Inc. for the Annual Supply of Sodium Hypochlorite
Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 1 to the General Services Provider Standard Agreement by and between Victorville Water District (District) and Univar Solutions USA, Inc. (Univar) for the annual supply of sodium hypochlorite, Project CC22-102.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
12. Purchase of Five (5) Liquid Filled Padmounted Transformers
Recommendation:
The Honorable City Council approve:
(1) The purchase of five (5) Liquid Filled Padmounted Transformers from Hitachi Energy USA, Inc. in the amount not to exceed $542,461.31; and (2) A Sole Source arrangement with Hitachi Energy USA, Inc. for the purchase of electric utility distribution equipment.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
13. General Services Provider Agreement between Mission Ambulance, Inc. dba Mission Aviation Fire Rescue and the Southern California Logistics Airport Authority for Aircraft Rescue and Fire Fighting Services Project CC23-088
Recommendation:
That Your Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a General Services Provider Standard Agreement (“Agreement”) to Mission Ambulance, Inc. dba Mission Aviation Fire Rescue (“Mission Aviation Fire Rescue”), in the amount not to exceed $7,814,420 for Aircraft Rescue and Fire Fighting Services, Project CC23-088.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
14. Termination Agreement to dissolve the Southern California Logistics Rail Authority (“SCLRA”)
Recommendation:
That the Honorable City Council, Board of Directors for the Successor Agency to the Victorville Redevelopment Agency, and the Southern California Logistics Airport Authority adopt Resolution Nos. 23-032, R-SA 23-001 and SCLAA 23-007, approving the execution of a Te rmination Agreement to Dissolve the Southern California Logistics Rail Authority, and taking related actions.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Jones
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
15. Real Property Donation Agreement
Recommendation:
That the Honorable Board of Directors:
(1) Adopt Resolution VWD 23- 005 accepting the donation of real property to the Victorville Water District (“District”); and
(2) Authorize the General Manager to enter into a Real Property Donation Agreement with Sergio Carcelen.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
16. Monthly mileage allowance for the Mayor and Mayor Pro Tem
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to approve monthly mileage allowance for the Mayor in the amount of $300 and the Mayor Pro Tem in the amount of $20 0 per month for additional travel related to their duties
Moved: Mayor Jones
Seconded: Council Member Irving
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
17. City Council Members’ Proof of Residency
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to include an annual report
to the Council as a Consent Calendar
item to confirm that Council Member’s residency requirements have been met
Moved: Mayor Pro Tem Becerra
Seconded: Mayor Jones
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
18. Ability to suspend stipend/salary based on Councilmember misconduct
Recommendation:
Any action is at the discretion of the City Council.
Questions ensued
Motion was made to allow Mayor Jones an additional 3 minutes to continue asking questions
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Mayor Jones, Mayor Pro Tem Becerra, Council Member Harriman, Council Member Irving,
Noes: Council Member Gomez
No action was taken
19. Councilmember Reprimand for City Councilmember Blanca Gomez
Recommendation:
Any action is at the discretion of the City Council.
Questions ensued
The Chair called for a recess at 8:40 pm
Recess concluded at 9:05 pm
Questions continued
Motion was made to send a Cease and Desist Letter to Council Member Gomez, Instacart, and UberEats to refrain from using the City Logo, as well as to inform the public of misuse of the City Logo.
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
Motion was made to amend item 19 to include a Cease and Desist Letter regarding using the City of Victorville logo on privately produced business cards
Moved: Mayor Jones
Seconded: Council Member Harriman
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
20. City Manager Reports
City Manager Keith C. Metzler announced registrations for summer programs have opened for all ages. The programs include dance, fitness, self-defense, music, and many more. He announced Doris Davies poo l will open after Memorial Day for swim classes and recreation. All programs are available for registration through the City of Victorville website . He also announced a special event titled “May the 4th be Crafty ” at the City Library . The activities will include creating paper lightsabers and Yoda hats. The event is free and will occur on May 4, 2023, 11:00 am to 4:00 pm. He also announced the next Shred Fest will occur on May 6, 2023, 8:00 am to 12:00 pm.
21. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item for discussion and possible action to allow Council Member Harriman to attend the League of California Cities Desert Mountain Division meeting in Mammoth on June 2, 2023.
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Motion was made to revise the Proof of Residency requirement from 60 days to 30 days.
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
Motion was made to amend Member Harriman’s motion of Proof of Residency to require members to provide address numbers.
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
Motion was made for discussion and possible action for staff to present to Council an elevated ceremonial recognition option at the soonest possible meeting.
Moved: Mayor Jones
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
22. Reports from Council Members
Council Member Gomez reported on her involvement with the community.
Council Member Harriman reported that he is looking forward to the Green Tree Extension Bridge Opening Ceremony, on May 20th, 2023.
Mayor Pro Tem Becerra encouraged citizens to attend City Council Meetings.
Mayor Jones reported there is a new general manager at the Mojave Water Agency. Mayor Jones reported on her attendance to the San Bernardino County Mountain Desert Policy Committee meeting. She also attended the League of California Cities Desert Mountain D ivision meeting with Mayor Pro Tem Becerra and City Manager , Keith C. Metzler. She reported on her attendance to the National Crime Victims’ Rights Memorial at Victor Valley College, the ribbon cutting for United Pacific Rocket, and the celebration for the Silverado High School Seniors attending Victor Valley College.
Adjournment
Mayor Jones adjourned the meeting at 9:33 pm.
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment C
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 Minutes
Tuesday, May 16, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda.
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
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda. There were no reportable actions with respect to this item.
Invocation: Pastor Dez Fedoryszyn of Victorville First Church of the Nazarene
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
Recognition of the recipients of the Aviation Scholarship sponsored by the City of Victorville and Southern California Logistics Airport
Presentation of Awards – 2023 Public Works Day Essay Winners
Victorville Fire Call Volume Service Update
The Chair called for a recess at 6:33 p.m.
Recess concluded at 6:39 p.m.
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision. Revision to agenda item 13 to revise the second paragraph of the Discussion section in the staff report should read “Staff have met with BEAM and created a plan to install six B EAM EV ARC units at four City facilities . City Hall and Hook Park will have one unit with six charging ports each. T hese sites will include two dedicated ADA accessible EV c harging stalls. Sunset Ridge Park and the Transportation Center will each have two units with two charging ports each. These sites will have one charger dedicated with an ADA acceptable parking stall.”
Attachment A - Exhibit A - Section i: Project Narrative should read “After much research, there are four locations throughout the C ity of Victorville that would be ideal for the charging stations. The locations are as follows : Victorville City Hall, Sunset Ridge Park, Hook Park, and the Transportation Center (maps are attached) . Each location will be designed as follows: Victorville City Hall and Hook Park will include two dedicated ADA accessible charging stalls. Sunset Ridge Park and Transportation Center will have two units each that include two chargers. Each site will have one dedicated ADA accessible parking stall.”
Revised Site Maps for City Hall, Hook Park, Sunset Ridge Park, and the Transportation Center. Deleted Library Site Map.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Caitlyn Quick spoke on general items
Edith Rogers spoke on general items
Kareema Abdul Khabir spoke on item 14
Maryann State spoke on general items
PUBLIC HEARING(S)
1. Urgency Ordinance No. 2438 and Ordinance No. 2437 Amending Chapter 2.22 of the Victorville Municipal Code (Personnel Merit System) for the Purpose of Reducing the Probationary Period from Twelve to Six months with respect to Lateral Hires of Firefighter/Paramedics
Recommendation:
That Your Honorable City Council:
(1) Open, conduct, and close a public hearing to receive citizen comments regarding Urgency Ordinance No. 2438 and the Municipal Code Amendments included therein;
(2) Make the Environmental Exemption Finding relative to Urgency Ordinance No. 2438;
(3) Make the Finding of Urgency;
(4) Waive full reading and adopt (by four-fifths vote) Urgency Ordinance No. 2438; and
(5) Open, conduct, and close a public hearing to receive citizen comments regarding Ordinance No. 2437 and the Municipal Code Amendments included therein;
(6) Make the Environmental Exemption Finding relative to Ordinance No. 2437; (7) Introduce Ordinance No. 2437 for adoption and first reading by title only; and (8) Waive further reading in full of proposed Ordinance No. 2437
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
CONSENT CALENDAR
2. Partial Securities Release for Case Nos. BLDC21-00045/EROW21-00181
Recommendation:
That the Honorable City Council:
(1) Approve an 80- percent release of the Street Improvements Faithful Performance Securities for case Nos. BLDC21-00045/EROW21-00181; and (2) Accept the street improvements.
3. Budget Amendment - CalRecycle City/County CRV Recycling Payment Program Grant
Recommendation:
That the Honorable City Council adopt Resolution No. 23-031 to amend the Fiscal Year 2022/2023 budget to reflect the revenues and expenditures associated with the Cycle 22-23 CalRecycle City/County CRV Recycling Payment Program Grant
4. Environmental Programs Quarterly Report for the Third Quarter of Fiscal Year 2023
Recommendation:
That the Honorable Victorville City Council review and file.
5. Community Services Quarterly Report for the Third Quarter of Fiscal Year 2023
Recommendation:
That the Honorable Victorville City Council review and file.
6. Second Reading of Ordinance No. 2436
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2436 repealing in its entirety uncodified Ordinance 1460 which previously established a benefit fee system to finance drainage improvements and directing the non-codification of said Ordinance.
7. Commercial Demand Schedule No. 21
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 21 in the amount of $8,690,791.13, covering Electronic Fund Transfers No. 334495 through 334731 and Warrant No. 790143 through 790360 for 04/20/2023 through 05/04/2023 and Wire Transfers dated 04/26/2023, per the adopted budget for Fiscal Year 2022- 2023 for the period covering July 1, 2022 through June 30, 2023.
8. Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 10A for Payroll Period March 17, 2023, through March 31, 2023, in the amount of $1,875,941.69 covering Check Nos. 33351 through 33366, including Vendor checks. Please note employee Check No. 33356 has a live Check and an EFT Advice. Also included are Advice Nos. 299020 and 299022 through 299513, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
9. Code Compliance Department Quarterly Report for the Third Quarter of Fiscal Year 2023
Recommendation:
That the Honorable City Council review and file.
Motion was made to approve staff recommendation
s for Consent Calendar 2
through 9.
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
WRITTEN COMMUNICATIONS
10. Consideration of Resolution Nos. VWD 23-006 and VWD 23-007 - Resolutions of the Board of Directors of the Victorville Water District Initiating Proceedings to Fix, Levy, and Collect Standby Charges for Water Improvement District Number One and for Improvement District Number Two for Fiscal Year 2023-2024
Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1) Approve Resolution No. VWD 23-006 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement District One for Fiscal Year 2023-2024;
(2) Approve Resolution No. VWD 23-007 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement District Two for Fiscal Year 2023-2024; and
(3) Set June 6, 2023, as the date for the Public Hearing for the purpose of hearing arguments for and against determinations to fix, levy and collect water standby charges as set forth in the aforementioned resolutions.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
11. Fiscal Year 2020 Police Department Homeland Security Grant Program Award and Purchase
Recommendation:
That the Honorable City Council:
(1) Accept the grant award of the Fiscal Year 2020 Homeland Security Grant Program (HSGP) in the amount of $30,510;
(2) Adopt Resolution No. 23- 033 amending the Fiscal Year 2022- 23 budget for revenue and expenditures for said grant;
(3) Authorize the expenditure of Supplemental Law Enforcement Services Fund (SLESF) monies in the amount not to exceed $8,321.63 for the purchase of Mobile Automated License Plate Readers (ALPR); and
(4) Approve the purchase of Mobile ALPR cameras in the amount of $38,831.63 from Vigilant Solutions, LLC.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
12. Citywide Recycled Water Conceptual Study - Consultant/Professional Services Provider Agreement
Recommendation:
That the Honorable Victorville Water District Board approve the Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc., in an amount not to exceed $198,570.00 for developing a Citywide Recycled Water Conceptual Study that maximizes the value and benefit of recycled water to the District’s water resources.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
13. Department of Transportation Charging and Fueling Infrastructure Discretionary Grant Program
Recommendation:
That the City Council adopt Resolution No. 23- 035 (Attachment A) approving the grant application for the Department of Transportation Charging and Fueling Infrastructure Discretionary Grant Program and authorizing the City Manager or his designee to process all document s required for program administration associated with the grant.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
14. Resignation from Interagency Council on Homelessness (ICH)
Recommendation:
That Your Honorable City Council approve a Letter of Resignation from the City of Victorville as a member of the Interagency Council on Homelessness, and from its role as Chair and Secretary of the Desert Regional Steering Committee.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
15. Consideration of proposed City Council Resolution No. 23-030 adopting revisions to the City of Victorville City Council Policy and Procedures Manual
Recommendation:
That the Honorable City Council:
(1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual; and
(2) Adopt Resolution No. 23-030.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Harriman
Substitute motion was made to table item 15 until new language was created
Moved: Council Member Irving
Seconded: Council Member Gomez
Comments ensued
Motion failed 2-3
Ayes: Council Member Gomez, Council Member Irving
Noes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones
Original motion made to approve staff recommendations:
Seconded: Mayor Pro Tem Becerra
Motion passed 3-2
Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez, Council Member Irving
16. Attendance at the League of California Cities Desert/Mountain Division meeting to be held June 2, 2023, in Mammoth Lakes for Council Member Bob Harriman
Recommendation:
That Your Honorable City Council authorize attendance at the League of California Cities Desert/Mountain Division meeting to be held June 2, 2023 in Mammoth Lakes for Council Member Bob Harriman.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
17. City Manager Reports
Keith C. Metzler announced The Right Stuff , a weekly recycling contest where contestants could win a $100 gift card, was occurring and will continue until the end of June. He also announced Saturday, May 20, 2023, is the Ribbon Cutting Ceremony for the Green Tree Extension from 9:00 am to 1:00 pm . The Dollar General on Village Dr. has passed final inspection and is now complete.
18. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item for discussion and possible action to review memberships and roles of the CRIA Board at the June 6, 2023, City Council meeting.
Moved: Mayor Jones
Seconded: Council Member Gomez
Motion passed 3-2
Ayes: Council Member Gomez, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Harriman, Council Member Irving
Council Member Gomez rescinds her vote
Motion fails 2-3
Ayes: Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Harriman, Council Member Irving, Council Member Gomez
19. Reports from Council Members
Council Member Harriman commended Sue Jones for her hard work on the Green Tree Extension Celebration.
Mayor Jones reported on her attendance to SBCTA General Policy Committee meeting. She also attended the SCAG meeting in Palm Desert with Mayor Pro Tem Becerra. Mayor Jones reported on her attendance to the Senior Citizens Club Garden Grand Reopening with Member Harriman.
Adjournment
Mayor Jones adjourned the meeting at 8:36 p.m.
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment D
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
Special Meeting Minutes
Wednesday, May 31, 2023
5:00 p.m. Special Session
5:00 p.m. Special Session
Call to Order
Roll Call
Present: Council Member Irving, Council Member Gomez, Mayor Pro Tem Becerra, Mayor Jones, Council Member Harriman
Absent: None
Also Present:
City Manager Keith C. Metzler, Deput City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Diondre McBride of Sunrise Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Public Comments
None
WRITTEN COMMUNICATIONS
1. Fiscal Year 2023-24 Budget Workshop
Council Member Gomez left the dais without the permission of the Chair at 5:46 p.m.
Recommendation:
No action is required at this time. It is recommended that the City Council discuss and provide direction to staff regarding the proposed Fiscal Year (FY) 2023- 24 budget. A public hearing has been set for June 6, 2023, to consider adopting the proposed budget.
Council Member Gomez returned to the dais at 5:58 p.m.
Questions ensued
Motion was made to allow Mayor Jones to ask one additional question
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Comments ensued
Motion passed 5-0
Ayes: Council Member Irving, Council Member Gomez, Mayor Pro Tem Becerra , Mayor Jones, Council Member Harriman
Adjournment
Mayor Jones adjourned the meeting at 6:38 pm
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: September 5, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Declaration of Exempt Surplus Land – Parks Division Properties Recommendation:
That the City Council:
1) Adopt Resolution No. 23-072 Declaring a Portion of City-owned Property as “Exempt Surplus Land” Pursuant to the Surplus Land Act and transmitting a certified copy to the Department of Housing and Community Development (“HCD”);
2) Adopt Resolution No. 23-073 Amending the Annual Budget for Fiscal Year 2023- 2024 Relating to an Appropriation of Additional Revenue; and 3) Authorize the City Manager to execute all documents to solidify the transfer of a portion of City-owned property (the “Proposed Property”) to the State of California Department of Transportation (“Caltrans”).
Fiscal Impact:
The Sale of the Proposed Property will result in unbudgeted revenues in the amount of $2,600 to Account No. 1006050-47400 (Facilities Misc. Revenue) Strategic Plan Goal:
Strategic Goal C. Community and Economic Development is being met by supporting the economic vitality and preservation of the community for all members.
Background:
The City’s Park Division owns Parcel 0478-215-17 (the “Property”) also referred to as the 8th Street Community Center located on the corner of D and Eighth Street in Old Town, Victorville. The Property is used for community and cultural arts activities and is approximately 35,284 square feet (0.81 acre) in size.
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Discussion:
On April 12, 2023, City staff received notification from Caltrans informing the City of its proposed American’s with Disability Act (“ADA”) and Pavement Rehabilitation and Repair Project (the “Project”) along State Route 18. The Project includes changing message signs, upgrading guardrail/sign panels and upgrading ramps according to ADA standards.
In preparation of the Project, Caltrans has identified several properties that are within their Project area that they desire to acquire entirely or partially. Within the Project area lies the Property owned by the Parks Division.
In May 2023, staff met with the Caltrans representative to further understand their proposed acquisition and confirmed that only a small corner of the property is needed for their Project. Attachment C depicts the proposed property and provides a legal description for this area, which is roughly 3,250 square feet (the “Proposed Property”) of the total parcel, including a 6” concrete curb improvement.
As a part of Caltrans’ acquisition proposal dated April 12, 2023 (Attachment D), the City received copies of the following documents:
•Litigation Guarantee (Title Report);
•Appraisal Report and Appraisal Summary Statement valuing the Proposed Property at $2,600;
•Right of Way Appraisal Map depicting the Proposed Property referred to as Parcel 25446-1;
•Grant Deed and Legal Description; and
•Right of Way Contract – State Highway
As you may recall, the City must follow the guidelines and process under the Surplus Land Act (“SLA”). As owner in fee of the Property, the City must take a formal action at a regular public meeting declaring the Proposed Property to be surplus and not necessary for its use. In preparation of potentially disposing of the Proposed Property to Caltrans, staff worked with the Parks Division staff, City Surveyor, and legal counsel to determine if there were any issues or concerns with disposing of the Proposed Property, legal description, and Grant Deed. No concerns were raised. In addition, the Right of Way Contract, and other documents are similar to past transactions the City has had with Caltrans.
As Caltrans is a state agency with intentions of using the property for its operations, and because the improvements benefit the City and the community, staff has prepared the attached Resolution No. 23-072 declaring the small corner portion of the Property, the Proposed Property, as “exempt surplus” under SLA Section 54221(f)(1)(D). Prior to the transfer, the Department of Housing and Community Development (“HCD”) will have thirty (30) days to review Resolution No. 23-072. Staff does not anticipate HCD will dispute the exemption and believes they will grant the disposal of the Proposed Property.
Although the Proposed Property will not be disposed of or transferred to Caltrans until approval from HCD has been received, staff has prepared Resolution No. 23-073 2 4
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amending the annual budget for Fiscal Year 2023-2024 relating to an appropriation of additional revenue.
Staff seeks the approval of Resolutions Nos. 23-072 and 23-073 and authorizing the City Manager to sign all documents to solidify the transfer of the Proposed Property to Caltrans.
Staff remains available for any questions or comments.
Attachments: A. Resolution No. 23-072
B. Resolution No. 23-073
C. Proposed Property Map and Legal Description
D. Caltrans Acquisition Proposal
ATTACHMENT A
RESOLUTION NO. 23-072
1 RESOLUTION NO. 23-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, DECLARING A PORTION OF APN 0478- 215-17, A CITY-OWNED PROPERTY, AS “EXEMPT SURPLUS LAND”
PURSUANT TO THE SURPLUS LAND ACT
WHEREAS, the City of Victorville (“City”) is the owner of certain real property having Assessor’s Parcel Nos. 0478-215-17 as more specifically described in Exhibit “A”, attached hereto, and made a part of hereof (“Parks Division Property”); and WHEREAS, the Department of Transportation (“Caltrans”) is preparing to make improvements along the State Route 18, which includes repairs to pavement, installation and updating message signs, guardrail, and upgrades to curb ramps according to the Americans with Disability Act Standards, collectively such improvements are referred to as the “Project”; and WHEREAS, Caltrans has identified properties that are within their Project area and necessary for their Project, and as such has contacted the City of its desire to partially acquire a small corner portion of the Parks Division Property, approximately 3,250 square feet, more specifically described in Exhibit “B”; and hereinafter referred to as Proposed Property; and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54233 (“Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, land must be declared either “surplus land” or “exempt surplus land”, as supported by written findings, before it may be disposed of; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations, and
WHEREAS, the Parks Division Property is approximately 35,284 square feet (0.81 acre) in size and is being utilized for community and cultural arts activities, known as the 8 th Street Community Center; and
WHEREAS, the City has determined that the small corner portion of the Parks Division Property, referred to as the Proposed Property, is not necessary to continue its community and cultural arts activities; and
WHEREAS, Section 54221(f)(1)(D) of the Act defines “exempt surplus land” to include surplus land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the City desires to transfer to Caltrans the Proposed Property for the purposes of its Project, and as such must be declare the Proposed Property “exempt surplus land” as it qualifies under the requirements in Section 54221(f)(1)(D) of the Act. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above, including any definitions set forth therein, are true and correct and are incorporated into and made a material part of this Resolution by this reference.
Section 2. Finding of Property as Exempt Surplus Land.
That based on the facts and information set forth in the above Recitals, the Proposed Property is Exempt Surplus Land.
Section 3. Transmission of Certified Resolution to the State of California Department of Housing and Community Development (“HCD”).
That the Economic Development Department is directed to transmit a certified copy of this Resolution to the HCD, as specified in Section 400(e) of the Guidelines immediately following the adoption hereof.
Section 4. Property Disposal Timing; Approval by HCD.
That no disposal or transfer of the Parks Division Property shall occur until the City receives approval from HCD, concurring that the uses and operations of Caltrans, with respect to the Proposed Property, qualify as “Exempt Surplus Land” under Government Code Section 54221(f)(1)(D) of the Act.
Section 5.
That this Resolution shall take effect immediately upon its adoption.
Section 6. Certification.
Effective Date.
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City of Victorville City Council; and shall make a minute passage and adoption thereof in the records of the proceedings of the City in the minutes of the meeting at which this Resolution is passed and adopted. 3 ATTACHMENT B
RESOLUTION NO. 23-073
RESOLUTION NO. 23-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING THE ANNUAL BUDGET FOR
FISCAL YEAR 2023-2024 RELATING TO AN APPROPRIATIONS
OF ADDITIONAL REVENUE
WHEREAS, the City of Victorville (“City”) is the owner of certain real property having Assessor’s Parcel Nos. 0478-215-17 as more specifically described in Exhibit “A”, attached hereto, and made a part of hereof (“Parks Division Property”); and WHEREAS, the Department of Transportation (“Caltrans”) is preparing to make improvements along the State Route 18, which includes repairs to pavement, installation and updating message signs, guardrail, and upgrades to curb ramps according to the Americans with Disability Act Standards, collectively such improvements are referred to as the “Project”; and WHEREAS, Caltrans has identified properties that are within their Project area and necessary for their Project, and as such has contacted the City of its desire to partially acquire a small corner portion of the Parks Division Property, approximately 3,250 square feet, more specifically described in Exhibit “B”; and hereinafter referred to as Proposed Property; and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54233 (“Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, land must be declared either “surplus land” or “exempt surplus land”, as supported by written findings, before it may be disposed of; and WHEREAS, Section 54221(f)(1)(D) of the Act defines “exempt surplus land” to include surplus land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the City desires to transfer to Caltrans the Proposed Property for the purposes of its Project, and as such adopted Resolution No. 23-072 at its September 5, 2023 City Council Board Meeting declaring the Proposed Property “exempt surplus land” according to the Act; and
WHEREAS, certified copy of Resolution No. 23-072 shall be transmitted to the State of California Housing and Community Development (“HCD”) Department, as specified Act, immediately following adoption thereof; and
WHEREAS, the disposal or transfer of the Proposed Property will not occur until the City receives approval from HCD concurring that the uses and operations of Caltrans, with respect to the Proposed Property, qualify as “exempt surplus land”; and
WHEREAS, the disposal and transfer of the Proposed Property will generate sale proceeds in the approximate amount of Two Thousand Six Hundred Dollars ($2,600.00) revenue; and
WHEREAS, the City Manager, of the City of Victorville did heretofore submit to the City Council of the City of Victorville an estimate of the expenditures and revenues of the City for the fiscal year 2023-24; and
WHEREAS, copies of said budget were prepared and distributed to the City Council and approved on June 6, 2023, and have been available for inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, a need to amend the budget is necessary to recognize the increase in budget revenue.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.That the annual budget for the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect an increase in budget revenue, as shown below and as described in the corresponding agenda item dated September 5, 2023.
Account Amount Adjusted
1006050-47400 $2,600 (Sale Proceeds)
SECTION 2. 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 the City departments, offices, and subsidiary of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: September 05, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
Runway 17/35 Reconstruction Phase IIIB and IV Project #CCH23-111 Recommendation:
That Your Honorable Southern California Logistics Airport Authority Board of Directors:
1) Ratify the acceptance of Grant Agreement #3-06-0359-032-2023 (Grant 32) between the United States of America acting through the Federal Aviation Administration and the Southern California Logistics Airport Authority in the amount of $887,000 in support of the Runway 17/35 Reconstruction Phase IIIB and IV Project #CCH23-111; and
2) Adopt Resolution No. SCLAA-23-010 increasing budgeted grant revenues by $887,000, and increasing budgeted grant expenditures by $887,000, and increasing budgeted grant match expenditures by $98,556; and 3) Approve the award of a Construction Contract to Coffman Specialties, Inc. in the amount not to exceed $1,385,000 for Runway 17/35 Reconstruction Phases IIIB and IV, Project #CCH23-111 (“Project”).
Fiscal Impact:
Grant 32 increases grant revenue by $887,000 and grant expenditures by $887,000, requiring additional revenue and expenditure appropriations in the 457 Grants Fund. An appropriation of $98,556 is needed from the Airport Operations Fund 450 to comply with the matching requirements for Grant 32. Airport Operations cash reserves are sufficient to fulfill the Grant 32 match requirement. Federal Aviation Administration (“FAA”) Grant 26, previously ratified in 2020 and currently budgeted, has remaining funds of $793,679.
Grant and Airport Operations funds are hereby being appropriated for the Project as outlined below:
Funding Source Budget FY 2023-2024
FAA Grant 26 (Fund 457) $793,679
FAA Grant 32 (Fund 457) $887,000
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0 Grant Match 32 (Fund 450) $98,556
Grand Total $1,779,235
Original Budget
Revenue Expense
Fund 457 FAA Grant 32 0 0
Fund 450 FAA Grant 32 Match 0 0
Revised Budget
Revenue Expense
Fund 457 FAA Grant 32 $887,000 $887,000
Fund 450 FAA Grant 32 Match $0 $98,556
Strategic Plan Goal:
Goal E. Invest in Infrastructure: This Project invests in airfield infrastructure and will provide a permanent solution to an FAA identified safety issue by mitigating an aviation Hotspot, thus improving the safety of the airfield infrastructure.
Background:
The Southern California Logistics Airport (“SCLA”) airfield consists of two commercial- length runways and eleven taxiways. One taxiway, known as Taxiway C2 (“C2”), is near the intersection of Runway 17/35 and 3/21 and has been identified by the FAA as a Hotspot that needs to be mitigated. The FAA’s Hotspot determination is the result of the location and orientation of Taxiway C2, where a potential exists for a pilot on C2 to become disoriented and enter the wrong runway for a takeoff, which could have disastrous consequences.
Staff worked with a qualified engineering firm to identify a solution to mitigate the risks that are present because of the location of C2. Staff and qualified engineers determined that the complete removal of C2 would be the best course of action. Removing C2 will eliminate the Hotspot and mitigate the safety risk that an aircraft would enter an incorrect runway. Furthermore, the concrete and asphalt material from C2 will be harvested and recycled in a manner to provide a base layer for future runway replacement projects, thus providing cost savings in the future.
The removal of C2 will require approximately 194,000 square feet of concrete and asphalt to be removed and crushed into aggregate base material to be used in future projects.
The concrete and asphalt will be replaced with dirt that is currently stockpiled at the airport. Multiple airfield location signs that display location information to pilots and personnel that transit the airfield will be removed or altered as part of the project. Airfield pavement markings will be removed and reapplied. Airfield lighting will be reconfigured.
The entire project has been designed to comply with FAA requirements and when 1 3
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0 completed, the Hotspot will be fully mitigated and removed from FAA charts and publications.
The SCLA receives grant funds from the FAA for improvement and maintenance of the airport via the FAA Airport Improvement Program. FAA grant funding is intended to ensure that the SCLA will continue to provide a safe and operable airfield for use by the flying public. Typically, FAA grants require that the SCLA fund ten percent (10%) of each project, referred to as “matching” funds. Matching funds are provided via the Airport Operations Fund. Participation in the FAA Airport Improvement Program requires the SCLA to submit and update an annual Airport Capital Improvement Plan’s (“ACIP”) that include capital improvement projects planned five years into the future. Qualified projects listed on the ACIP are assigned grant-funding priority by the FAA. The FAA then determines whether the project reflected in the grant application is necessary, eligible, and properly prioritized. If the project meets these criteria, the FAA approves the grant application and awaits the release of funds from their headquarters. Once the grant funds are released, the FAA issues a Grant Offer to the SCLA for acceptance.
The FAA has determined that the Runway 17/35 Reconstruction – Phase IIIB and IV, Project #CCH23-111 (“Project”) is necessary, eligible, and properly prioritized, subsequently issuing Grant Offer 32 in the amount of $887,000 to fund the Project. Grant 32 requires a match by the Airport that is $98,556.
Your Honorable Board of Directors ratified the acceptance of FAA Grant #3-06-0359-026- 2020 (“Grant 26”) on September 1, 2020. Grant 26 will contribute $793,679 of funding to the project.
Discussion:
Staff conducted a competitive bid solicitation for the purpose of procuring a construction contractor to perform the work contemplated in the Runway 17/35 Reconstruction – Phases IIIB and IV Project CCH23-111. The Notice Inviting Bids was published on June 02, 2023, on the City website and in local newspapers. Airport staff called all known local airfield contractors to alert them to the solicitation. Two job walks were held on separate days prior to the bid submission due date to provide greater exposure for the Project.
Even after this extensive outreach effort to solicitate contractor participation in the Project, only three firms sent representatives to the job walks. Two of those firms submitted bids at the bid opening on July 18, 2023, with Coffman Specialties, Inc. (“Coffman”) offering the lowest priced responsive bid. All responsive bids are summarized as follows:
Staff carefully reviewed the bids and required documentation submitted by each bidder before determining that Coffman Specialties, Inc. was responsive to the bid solicitation and the lowest priced bidder in accordance with the City of Victorville Municipal Code §2.28.040(a)(1).
Company: Bid Amount:
Coffman Specialties, Inc., San Diego, CA $1,385,000
Sully Miller Contracting Company, Brea, CA $1,771,984
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0 FAA grant applications are generally submitted when funds are available as determined by the FAA and awarded shortly thereafter. Awarded grants often require a short acceptance period, hence awards of FAA grants are typically presented for ratification rather than advance approval. Additionally, FAA grants are awarded after the SCLAA annual budget receives Board approval; therefore, a request for additional appropriations generally accompanies the request for ratification. Grant 32 is typical in that the Grant Offer was received with a short acceptance deadline; far too short a deadline to present for prior Board approval. Failure to rapidly accept the grant offer from the FAA jeopardizes losing the funds to another Airport.
The summation of Grant 32, the remaining federal funds from Grant 26, and matching SCLA funds of up to $98,556 provides funding to finance the Project and all associated professional construction management services required to manage a project of this type.
For the reasons presented herein, and with the concurrence of the FAA as the primary funding agency, staff recommends that Your Honorable Board of Directors: (1) ratify the acceptance of FAA Grant Agreement #3-06-0359-032-2023 in the amount of $887,000 and (2) adopt Resolution No. SCLAA-23-010 increasing Grant Revenues by $887,000, increasing the corresponding Grant Expenditures by $887,000, allocate the required Grant 32 match from Airport Operations Fund 450 in the amount of $98,556, and (3) approve the award of a Construction Contract to Coffman Specialties, Inc., for the Runway 17/35 Reconstruction – Phase IIIB and IV Project #CCH23-111 in the amount not to exceed $1,385,000.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: A. Resolution No. SCLAA 23-010
B. Grant #3-06-0359-032-2023
C. General Site Map
D. Construction Contract
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ATTACHMENT A
RESOLUTION NO. SCLAA 23-010
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7 7
RESOLUTION NO. SCLAA 23-010
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA
LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority ("SCLAA") did heretofore submit to the Board of Directors an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and
WHEREAS, copies of said budget were prepared and distributed to the SCLAA Board of Directors, approved by the SCLAA Board of Directors prior to June 30, 2023, and have been available for the inspection by the public in the office of the Authority Secretary of the SCLAA; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the SCLAA Board of Directors for approval; and WHEREAS, the Executive Director or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated SCLAA agenda report.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2023-2024 for the SCLAA be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
4571301A-43120-95125 Grant 32 Revenue $887,000
4571301A-55320-95125 Grant 32 Expense $887,000
4501301A-55320-95125
Grant 32 Matching Expense $98,556
SECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the Southern California Logistics Airport Authority and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by SCLAA, City departments, offices and subsidiary districts of the City.
ATTACHMENT B
FAA GRANT
#3-06-0359-032-2023
ATTACHMENT C
GENERAL SITE MAP
Copyright nearmap 2015, Maxar
Attachment C - Site Map
ATTACHMENT D
CONSTRUCTION CONTRACT
1 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
CONSTRUCTION CONTRACT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
COFFMAN SPECIALITIES, INC.
FOR
RUNWAY 17/35 RECONSTRUCTION PHASES IIIB & IV
PROJECT NUMBER: CCH23-111
THIS CONSTRUCTION CONTRACT (“Contract”) is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Coffman Specialties, Inc., a California corporation hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, RUNWAY 17/35 at t he Southern California Logistics Airport requires RECONSTRUCTION (the “Project”); and
WHEREAS, on June 2, 2023, the SCLAA issued a Notice Inviting Bids to contractors for the Project. In response, Contractor submitted a Bid Proposal which the SCLAA determined to be the lowest responsive bidder; and
WHEREAS, Contractor is a duly organized c orporation 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 September 5, 2023 the SCLAA Board of Directors duly accepted Contractor’s Bid Proposal for the Project and directed that a written contract 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 Proposal, the SCLAA desires to retain Contractor to perform the construction work as set forth herein and in the Contract Documents for Project CCH23-111 Runway 17/35 Phases IIIB & IV.
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
Th
e Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference.
Section 2. CONTRACT DOCUMENTS; PRIORITY
a. This
Contract consists of the following documents (the “Contract Documents”), all of which are made part of this Contract and are listed in order of precedence below. If there is a conflict between the component parts of the Contract Documents, the document highest in precedence in 2 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 the list below controls, except that in the event of a discrepancy between any documents prepared by the Contractor (including without limitation, the Bid Proposal Price Schedules submitted to SCLAA by Contractor and attached hereto as Exhibit “A”), and those prepared by the SCLAA, the SCLAA-prepared documents take precedence over and shall control with respect to the resolution of the discrepancy, and nothing set forth in Exhibit “A” or other portions of Contractor’s Bid Proposal shall be deemed to supersede any of the provisions of this Construction Contract:
1. Change
Orders and/or Supplemental Agreements approved by the SCLAA and the Federal Aviation Administration (FAA) and approved revisions to Plans & Specifications;
2. Permits from other agencies as may be required by law;
3. This Contract and its Exhibits “A” through “C” (subject to the limitations of Section 2.a)
4. Bid Addenda issued by the SCLAA;
5. Notice Inviting Bids;
6. Instructions to Bidders;
7. Federal and State Requirements;
8. FAA General Provisions;
9. SCLAA General Provisions;
10. Technical Specifications Special Requirements Modified FAA A/C 150/5370-10H (including Appendices);
11. Project Plans (detailed plans shall have precedence over general plans);
12. Required Bid Documents and Proposal Forms;
13. Required Bid Documents and Proposal (including Price Schedules) completed by Contractor and submitted to SCLAA, subject to the limitations in Sections 2 and 7.a of this Contract);
14. Faithful Performance Bond;
15. Payment Bond;
16. Guaranty;
17. Bidder’s Bond;
18. State of California, Department of Transportation, Standard Specifications. b. The
above-listed Contract Documents are complementary; what is called for in one is binding as if called for by all. To the extent that portions of the Contract Documents are not attached to this Contract, they shall be deemed incorporated herein by this reference.
Section 3. CONTRACTOR’S OBLIGATIONS FOR CONSTRUCTION WORK Contractor shall perform or cause to be performed the work required to complete Phase IIIB & IV of the Project as specifically set forth in the Contract Documents. Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any
other items and facilities necessary therefor, as provided in the Contract Documents.
Section 4. TIME OF COMPLETION
a. Commencement of Work. Contractor shall commence the work on Phase IIIB and IV on the date specified in the SCLAA’s Notice to Proceed. b. Contract
Time. Contractor shall complete the work for Phase IIIB & IV within NINETY (90) CALENDAR DAYS of the date specified in SCLAA’s Notice to Proceed. c
. Liquidated damages. If Contractor fails to complete the work for Phase IIIB and IV within the Contract Time period as specified above, including any app r oved extensions thereto, 3 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 Contractor shall pay to the SCLAA, as liquidated damages and not as a penalty, the sum specified in the Contract Documents for each calendar day in excess of the Contract Time periods specified herein that the work remains incomplete.
d. Adjustments to Contract Time. The Contract Time period for Phase IIIB and IV as specified in this Section 4 may only be adjusted for time extensions approved by the SCLAA and the FAA and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents.
e. Time of the Essence. Time is of the essence in the performance of this Contract.
Section 5. COMPENSATION TO CONTRACTOR; MANNER OF PAYMENT a. Subj
ect to the provisions of Section 3 of this Contract and Section XVII of the Instructions to Bidders, CONTRACTOR agrees to accept the following as compensation for satisfactory completion of the work in accordance with the Contract Documents a total amount not to exceed One Million Three Hundred Eighty- five Thousand and 00/ 100 Dollars ($1,385,000.00), (the “Contract Amount”). See Exhibit “A”, Bid Proposal Price Schedules. b. The C
ontract Amount shall be full compensation to Contractor for: furnishing all tools, labor materials and equipment; doing all the work contemplated and embraced in this Contract and the Contract Documents; all loss or damage arising out of the nature of the aforesaid work, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA; all risks of every description connected with the work; all expenses incurred by or in consequence of the suspension or discontinuance of work; and well and faithfully completing the whole work thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, as set forth therein.
c. Subj
ect to any adjustments for quantities or alterations of work authorized by the SCLAA as provided for in the Contract Documents, including without limitation the provisions of Paragraph XVII of the Instructions to Bidders relating to FAA funding constraints, payments to Contractor shall be made in the manner set forth in Section XXXIV of the Instructions to Bidders. d. Paym
ents to Contractor in excess of the Contract Amount shall only be mad e pursuant to such written Change Orders and/or Supplemental Agreements issued by the SCLAA in accordance with the Contract Documents and Section 21 of this Contract.
Section 6. TERMINATION, SUSPENSION AND DEFAULT
Any
violation or breach of terms of this Contract by Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of SCLAA pursuant to this Contract. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
Section 7. P REVAILING WAGES
a. Compliance with State and Federal Wage Requirements. As a f ederally 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 S tate and Federal labor laws 4 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
and requirements specified 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 Contract and the Bid Proposal and Price Schedules submitted by Contractor , then this Contract shall control and nothing herein shall be considered as an acceptance of the terms of said Bid Proposal conflicting with the requirements of this Section.
b. State Wages - In accordance with the provisions of California Labor Code Sections 1770-1776, 1813, and 1815), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the SCLAA and the State of California via the internet at
www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, 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. Contractor shall be responsible for using the correct and current prevailing wage rates.
c. Federal Wages – In accordance with the provisions of the Davis -Bacon Act, and related Federal labor requirements in the Contract Documents with which Contractor has agreed 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 “B”.
Contractor and all subcontractors shall pay not less than said specified Federal rates to all workers employed by them in the execution of the work under this Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates.
d. Payment of State Wages Required when Higher . Notwithstanding the provisions of Subsection c above, payment of State Prevailing Wage Rates when higher than Federal Wage R ates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The SCLAA 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.
e. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awar ding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
f. Contractor shall provide completed WEEKLY CERTIFIED PAYROLL and DAILY SIGN IN SHEETS with each invoice presented to the SCLAA, substantially in the form and containing the information set forth on the sample Weekly Certified Payroll and Daily Sign In Sheets provided in the Contract Documents. Payment of said invoices WILL be delayed absent these documents.
g. Contractor shall provide completed E MPLOYEE INFORMATION SHEET S, substantially in the form and containing the information set forth on the sample Employee Information 5 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
Sheets provided in the Contract Documents, for each employee listed on the Weekly Certified Payroll or Daily Sign In Sheets prior to, or along with the first invoice. This document is required only once per employee. Payment of said invoices WILL be delayed absent these documents.
h. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to SCLAA TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours w hen 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.
Section 8. W ORKERS’ COMPENSATION INSURANCE
a. Contractor shall procure and maintain, at its own expense, during the Term of this Contract, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law and as further specified in the Contract Documents. 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 SCLAA.
b. In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished by Contractor under this Contract unless and until a Notice to Proceed for the Project has been given to the Contractor by the SCLAA. Contractor shall commence work for Phase IIIB and IV pursuant to the Contract Documents as directed by the SCLAA in the applicable Notice to Proceed and shall diligently execute the same to completion within the Contract Time period set forth herein.
Section 11. COMPLIANCE WITH LAWS
a. Contractor shall comply with all local, state, and federal laws and regulations 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.
b. Contractor shall also comply with the Disadvantaged Business Enterprise (DBE) Contract Provisions attached hereto as Exhibit “C” and such other requirements as are set forth in the Contract Documents, the SCLAA’s DBE Program, and 49 CFR Part 26 relating to DBEs.
c. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
6 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
Section 12. COMMERCIAL GENERAL and AUTOMOBILE LIABILITY INSURANCE
The Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors.
Minimum Scope of Insurance and Limits
Contractor warrants that Contractor has obtained all insurance required under this contract. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained.
Contractor shall maintain at all times during the life of this contract the following policies of insurance:
a. Workers’ Compensation Insurance
Coverage A – Statutory benefits and
Coverage B – Employer’s Liability Insurance providing a minimum coverage for:
Each Accident: $1,000,000
Each Employee: $1,000,000
Policy Limit: $1,000,000
In addition, coverage must include a Waiver of Subrogation Endorsement in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA.
b. Comprehensive General Liability
The limits of liability shall not be less than:
Type Contractor Subcontractors
Each Occurrence Limit $5,000,000 $2,000,000
Personal Advertising Injury Limit $5,000,000 $2,000,000 Products/Completed Operations Aggregate
Limit
$10,000,000 $2,000,000
General Aggregate Limit
(Other than Products/Completed Operations)
$10,000,000 $2,000,000
Coverage is required to be on an Occurrence form and shall apply to bodily injury and property damage for operations (including subsidence, explosion, collapse and underground coverage), independent contractors, products and completed operations. Limits can be provided by a combination of a primary Commercial General Liability policy and Excess or Umbrella Liability policy.
Including coverage for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents, and independent contractors.
CGL (Comprehensive General Liability) coverage shall include an Endorsement CG 20 10 11 85, or an equivalent Additional Insured 7 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
endorsement form, or form(s) that provide the Additional lnsured(s) with both general liability " Ongoing Operations" and "Completed Operations" coverage. Similar forms that can be used and issued together are CG 20 10 10 01 & CG 20 37 07 04. Additional Insured endorsements must specifically name SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA, and other parties as required by SCLAA as Additional Insureds as required by the written contract.
CGL (Comprehensive General Liability) coverage shall include an Endorsement stating: "Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non-contributing with the coverage provided under this policy."
CGL coverage shall include a "Per Location Aggregate Endorsement" and attached to the Certificate.
CGL Coverage should include a General Liability Waiver of Subrogation in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA.
• Contractor and all of their Subcontractors performing work on the project shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Complete Operations coverage for itself and each additional insured for at least three (3) years after completion of the Work.
c. Umbrella/Excess Insurance
• Umbrella/Excess coverage must include as insureds all entities that are additional insureds on the CGL.
• Umbrella/Excess coverage for such additional insureds shall apply as primary before any other insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL. Auto Liability and Employers Liability coverages maintained by the Subcontractor.
d. Automobile Liability Insurance
The limits of liability shall not be less than:
Each Accident: $1,000,000
• Contractor, and all subcontractors shall procure and maintain, at its own expense, during the Term of this Agreement, Commercial Vehicle Liability Insurance covering person injury and property damage, of not less than One Million Dollars ($1,000,000.00) combined single limit, including, but not limited to owned autos, hired or non -owned autos, covering any vehicle utilized by Contractor, subcontractor, or its officers, employees, servants, volunteers, or agents and 8 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
independent contractors in performing the services required by this Contract.
SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA shall be included as insureds on the auto policy. Coverage should include or be outlined in the policy form an Auto Liability Waiver of Subrogation provision in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA and o ther parties as required by SCLAA shall be included as insureds on the auto policy.
Notice of Cancellation
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to SCLAA. In the case of non-payment, ten (10) days’ advance written notice shall be given.
Acceptability of Insurers
Insurance is to be placed with insurers that have a current A.M. Best's rating of no less than A: VII.
Verification of Coverage
Contractor shall furnish SCLAA with the original Certificates and all endorsements, and waiver of subrogation. These forms must be attached to the Certificates of Insurance outlining coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and waivers are to be received and approved by SCLAA before work commences. As an alternative to SCLAA, and at the approval of the Risk Manager; the Contractor’s insurer may provide complete, certified copies o f all required insurance policies, including endorsements affecting the coverage required by these specifications.
Deductibles and Self-Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the SCLAA. At the option of the SCLAA, either the insurer shall reduce or eliminate such deductibles or self-insured retentions that pertains to the SCLAA, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Notice of Cancellation
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to SCLAA. In the case of non-payment, ten (10) days’ advance written notice shall be given.
9 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
Section 13. RESERVED
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, subcontractors and independent contractors, including, without limitation, the SCLAA Legal Counsel, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall furnish SCLAA with the original Certificates and all endorsements, and waiver of subrogation. These forms must be attached to the Certificates of Insurance outlining coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and waivers are to be received and approved by SCLAA before work commences. As an alternative to SCLAA, and at the approval of the Risk Manager; the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF WORK
a. Contractor shall secure from a good and responsible company or companies , authorized to do insurance business in the State of California the policies of insurance as required by this Contract and the Contract Documents, and shall furnish to the SCLAA Secretary certificates of said insurance at least one (1) day prior to the commencement of any work to be performed under this Contract.
b. The certificates of insurance shall bear an endorsement providing that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non- payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the duration of this Contract.
e. The C ommercial General Liability and automobile liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be pri mary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Contractor’s insurance and shall not contribute to it.”
f. Subcontractor Insurance. Contractor shall include all subcontractors as additional insureds under its policies or shall secure separate certificates and endorsements from each 10 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
Subcontractor. All Subcontractor coverages shall be subject to all of the requirements stated in this Contract and the Contract Documents.
g. Pollution Liability. Pollution Liability Insurance, providing coverage for bodily injury, property damage, including cleanup costs and defense costs resulting from sudden, accidental, and gradual pollution conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. The minimum limit shall be Two Million ($2,000,000) each occurrence or claim and ($4,000,000) Four Million aggregate.
Section 17. SECURITIES AND GUARANTY
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any work, Contractor shall furnish to the SCLAA a Faithful Performance Bond, and a Payment (Labor and Materials Bond) in the amount equal to one hundred percent (100%) of the Compensation noted in Section 5.a of this Contract . Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California. Contractor shall also execute and provide to the SCLAA concurrently with the execution of this Contract, the one-year Guaranty on the sample form so provided in the Contract Documents.
Section 18. INDEMNIFICATION
a. Contractor shall defend, indemnify, and hold harmless the SCLAA, the City of Victorville, and their respective elected officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative a ction of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Contractor, its personnel, employees, agents, or subcontractors in the performance of the work or this Contract. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of the SCLAA, the City of Victorville, and their respective elected officials, officers, employees, agents, and/or volunteers, for all legal expenses and costs incurred by each of them. Contractor’s obligation to indemnify shall survive the expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the SCLAA, the City of Victorville, and their respective elected officials, officers, employees, agents, or volunteers. The indemnification provided for herein excludes such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, which is due to the sole or active negligence or willful misconduct of the SCLAA, the City of Victorville, or their respective elected officials, officers, employees, agents, and/or volunteers as determined by a court or administrative body of competent jurisdiction.
b. 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 aris e 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 11 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
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.
c. Contractor shall require the same indemnification specified in this Section from all subcontractors.
Section 19. REPORTS
As required by the Contract Documents and as further may be requested by C. Eric Ray, Airport Director, or his d esignee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Contract.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the work as required by this Contract and the Contract Documents and to enable C. Eric Ray, Airport Director, or his designee to evaluate the cost and the performance of such work.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles and as may otherwise be required by the Contract Documents. Contractor agrees to provide the SCLAA, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives, full access to access to any books, documents, papers, and records of Contractor which are directly pertinent to the Project at all reasonable times for the purpose of making inspection, copies, audit, examination, excerpts and transcriptions.
d Contractor agrees to retain t he records listed in Subsection b above, as well as supporting documents pertaining to the use of funds paid to Contractor hereunder for a period of five (5) years after the final payment is made under this Contract and matters pending as to the Project are closed.
Section 21. 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 22. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the SCLAA and Contractor with respect to the Project which is the subject matter of this Contract.
b. This Contract and 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.
12 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
c. No agreement, statement, or promise with respect to the subject matter herein which is not contained in this Contract, the Contract Documents, or in a valid written modification or amendment to same, shall be valid or binding on either Party.
Section 23. 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 the provisions of Sections 2 and 7.a of this Contract, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract.
Section 24. 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 the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394
To Contractor: Colleen Coffman, President
Coffman Specialties, Inc.
9685 Via Excelencia, Suite 200
San Diego, CA 92126
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 25. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES
No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA 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 26. 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.
13 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement 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 SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The c
aptions 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 29. 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 to this Contract 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 SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 30. GENDER; PLURAL
I
n 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 31. SEVERABILITY
I
f 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 32. GOVERNING LAW
The v
alidity 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 33. CUMULATIVE REMEDIES
E
xcept 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 14 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. 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 35. ATTORNEYS’ FEES
Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Contract concerning this Contract or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Contract shall not be binding upon the SCLAA , until signed by the authorized representative(s) of Contractor, approved as to form by the SCLAA General Counsel, approved by the SCLAA Risk Manager, and executed by the authorized the SCLAA personnel or the SCLAA Chairman.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING CONTRACT
a. 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.
b. 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 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. 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 SCLAA.
15 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
Section 40. 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.
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16 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
SOUTHERN CALIFORNIA LOGISTICS COFFMAN SPECIALITIES, INC.
AIRPORT AUTHORITY
By:_________________________________ By:_______________________________ Debra Jones, Authority Chairman Colleen Coffman, President
Dated:______________________________ Dated:______________________________
ATTEST
By:________________________________
Jennifer Thompson,
Authority Secretary
Dated:______________________________
SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM
AIRPORT AUTHORITY
By:________________________________ By:________________________________ Sandra Bostick, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel
Dated:______________________________ Dated:_____________________________
17 Construction Contract/Coffman Specialties, Inc./Project CCH23-111
EXHIBIT “A”
BID PROPOSAL
PRICE SCHEDULES
See Attachment
EXHIBIT A
18/Construction Contract/Coffman Specialties, Inc./Project CCH23-111
EXHIBIT A
19/Construction Contract/Coffman Specialties, Inc./Project CCH23-111
EXHIBIT A
20/Construction Contract/Coffman Specialties, Inc./Project CCH23-111
EXHIBIT A
21/Construction Contract/Coffman Specialties, Inc./Project CCH23-111 22 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 EXHIBIT “B”
G
ENERAL FEDERAL WAGE DECISION
S
ee Attachment
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"General Decision Number: CA20230026 06/23/2023
Superseded General Decision Number: CA20220026
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 $16.20 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 2023. | |______________________________|_____________________________| |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: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
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Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023
4 03/17/2023
5 06/23/2023
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2022
Rates Fringes
MARBLE FINISHER..................$ 37.87 14.13 TILE FINISHER....................$ 32.44 12.54 7/5/23, 9:20 AM SAM.gov
https://sam.gov/wage-determination/CA20230026/5 3/24
TILE LAYER.......................$ 45.05 18.33 ---------------------------------------------------------------- BRCA0018-010 09/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 38.37 14.13 TERRAZZO WORKER/SETTER...........$ 46.49 14.66 ---------------------------------------------------------------- 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
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
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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 $12.00 per hour to the current wage scale.
---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
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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 01/01/2023
Rates Fringes
ELEVATOR MECHANIC................$ 63.95 37.335+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 07/01/2022
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 51.90 30.70
GROUP 2....................$ 52.68 30.70
GROUP 3....................$ 52.97 30.70
GROUP 4....................$ 54.46 30.70
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 54.68 30.70
GROUP 8....................$ 54.79 30.70
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 54.91 30.70
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 55.08 30.70
GROUP 13....................$ 55.18 30.70
GROUP 14....................$ 55.21 30.70
GROUP 15....................$ 55.29 30.70
GROUP 16....................$ 55.41 30.70
GROUP 17....................$ 55.58 30.70
GROUP 18....................$ 55.68 30.70
GROUP 19....................$ 55.79 30.70
GROUP 20....................$ 55.91 30.70
GROUP 21....................$ 56.08 30.70
GROUP 22....................$ 56.18 30.70
GROUP 23....................$ 56.29 30.70
GROUP 24....................$ 56.41 30.70
GROUP 25....................$ 56.58 30.70
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 53.25 30.70
GROUP 2....................$ 54.03 30.70
GROUP 3....................$ 54.32 30.70
GROUP 4....................$ 54.46 30.70
GROUP 5....................$ 54.68 30.70
GROUP 6....................$ 54.79 30.70
GROUP 7....................$ 54.91 30.70
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GROUP 8....................$ 55.08 30.70
GROUP 9....................$ 55.25 30.70
GROUP 10....................$ 56.25 30.70
GROUP 11....................$ 57.25 30.70
GROUP 12....................$ 58.25 30.70
GROUP 13....................$ 59.25 30.70
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 54.53 30.70
GROUP 2....................$ 54.82 30.70
GROUP 3....................$ 54.96 30.70
GROUP 4....................$ 55.18 30.70
GROUP 5....................$ 55.29 30.70
GROUP 6....................$ 55.41 30.70
GROUP 7....................$ 55.71 30.70
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; 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
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(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);
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);
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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)
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, 7/5/23, 9:20 AM SAM.gov
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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
(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)
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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 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
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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 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
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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 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.
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$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2022
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 61.60 32.50
(2) Dredge dozer............$ 55.63 32.50
(3) Deckmate................$ 55.52 32.50
(4) Winch operator (stern
winch on dredge)............$ 54.97 32.50
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 54.43 32.50
(6) Barge Mate..............$ 55.04 32.50
---------------------------------------------------------------- IRON0433-006 01/01/2023
Rates Fringes
IRONWORKER
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 46.20 34.30
PREMIUM PAY:
$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 7/5/23, 9:20 AM SAM.gov
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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
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0783-002 07/01/2022
Rates Fringes
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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, 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; 7/5/23, 9:20 AM SAM.gov
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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, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0783-005 07/01/2022
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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
---------------------------------------------------------------- LABO1414-003 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
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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 $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2023
Rates Fringes
SOFT FLOOR LAYER.................$ 41.60 16.38 ---------------------------------------------------------------- PLAS0200-008 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64 FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, AND MARINE CORPS LOGISTICS SUPPLY BASE: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2020
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Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 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 $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-009 01/01/2023
Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario
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Rates Fringes
SPRINKLER FITTER.................$ 43.25 27.33 ---------------------------------------------------------------- * SFCA0709-004 01/01/2023
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO:
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 52.61 31.25 ---------------------------------------------------------------- SHEE0105-003 01/01/2023
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........................$ 53.67 29.74
(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...$ 53.67 29.74
---------------------------------------------------------------- TEAM0011-002 07/01/2022
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 36.19 32.54
GROUP 2....................$ 36.34 32.54
GROUP 3....................$ 36.47 32.54
GROUP 4....................$ 36.66 32.54
GROUP 5....................$ 36.69 32.54
GROUP 6....................$ 36.72 32.54
GROUP 7....................$ 36.97 32.54
GROUP 8....................$ 37.22 32.54
GROUP 9....................$ 37.42 32.54
GROUP 10....................$ 37.72 32.54
GROUP 11....................$ 38.22 32.54
GROUP 12....................$ 38.65 32.54
WORK ON ALL MILITARY BASES:
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]
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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 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 7/5/23, 9:20 AM SAM.gov
https://sam.gov/wage-determination/CA20230026/5 22/24
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 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.
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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.
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. 7/5/23, 9:20 AM SAM.gov
https://sam.gov/wage-determination/CA20230026/5 24/24
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"
23 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 EXHIBIT “C”
D
ISADVANTAGED BUSINESS ENTERPRISE
CONTRACT PROVISIONS
S
ee Attachment
24 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 EXHIBIT “C”
In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the Southern California Logistics Airport Authority (SCLAA) has adopted a Disadvantaged Business Enterprise (DBE) Program, in conformance with Title 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”
This DOT-assisted project is subject to these stipulated regulations and SCLAA’s DBE program, which are hereby incorporated in their entirety by this reference Contractor must complete and submit all required DBE documentation to effectively capture all DBE utilization on SCLAA’s DOT -assisted contracts whether achieved race neutrally or race consciously. No changes to Contractor’s DBE Commitment shall be made until proper protocols for review and approval of SCLAA are rendered in writing.
I. Contractor’s Required Clauses
Contractor shall ensure that the following clauses are placed verbatim in every Subcontract agreement, broker, dealer, vendor, supplier or Purchase Order (PO) or other source agreements issued to both DBE and non-DBE firms. This clause applies to both DBE and non-DBE subcontractors:
A. Non-Discrimination Clause
The Contractor 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 DOT-assisted 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 SCLAA 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 the contractor from future bidding as non-responsible.
B. Prompt Payment Clause
The Prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the DBE CONTRACT PROVISIONS :
25 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 receipt of each payment the Contractor receives from the SCLAA. The Contractor agrees further to return retainage payments to each subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the SCLAA. This clause applies to both DBE and non-DBE subcontractors.
C. A ny violation of the Prompt Payment Clause provision listed above shall subject the violating contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions 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 d
ispute involving late payment or nonpayment by the Contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.
Failure to comply with the Prompt Payment Clause provision without prior approval from SCLAA will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, a penalty of two percent (2%) of the invoice amount due per month, for every month that full payment is not made.
D. I
n the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contractor or subcontractor to a subcontractor, the Contractor or subcontractor may withhold no more than 150 percent of the disputed amount.
E. The
sanctions authorized under this section shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This provision applies to both DBE and non-DBE contractors and subcontractors.
II. DBE Goal and Contractor DBE Commitment
SCLAA establishes contract-specific DBE goals to meet any portion of SCLAA’s Overall DBE Goal that SCLAA does not project being able to meet using race -neutral means.
SCLAA establishes contract -specific goals only on those DOT- assisted contracts that have subcontracting opportunities.
SCLAA may establish a DBE contract goal that is higher or lower than its overall goal, depending on such factors as the type of work involved, the location of the work, and the availability of DBEs for the work of the particular contract.
SCLAA established a 7% DBE contract-specific goal on this project and the Contractor has committed to _7.3_% DBE participation. The Contractor is required to demonstrate DBE responsiveness towards meeting the 7% DBE contract-specific goal on this project as well as their DBE commitment.
Contractor agrees to ensure that any DBE subcontractor listed on the “DBE Participation Commitment Form” will perform work and/or supply materials in accordance with original commitments, unless otherwise directed and/or approved by SCLAA prior to Contract or effectuating any changes to its DBE participation commitment(s). 26 Construction Contract/Coffman Specialties, Inc./Project CCH23-111 The Contractor must demonstrate responsiveness to meeting the DBE goal throughout the life of the project. The Contractor's DBE commitment shall be evaluated by dividing the value of DBE commitments (executed subcontracts or purchase orders) by the Contractor's total contract value. DBE utilization or DBE attainment will be evaluated by dividing the dollars paid to DBE firms by the Contractor’s current contract value.
The Contractor must notify SCLAA in a timely manner and in writing, of changes to planned DBE participation or problems anticipated in attaining the DBE goal. In accordance with SCLAA's DBE Program, the Contractor must include satisfactory evidence good faith efforts were undertaken and must specify additional good faith efforts planned to remedy any shortfall towards meeting the project DBE goal.
If there is a change order to a contract on which there is a DBE contract goal, then that contract goal applies to the total contract value, inclusive of all change orders. This is true regardless of whether SCLAA or the Contractor initiates the change order.