City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, September 5, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
B.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
C.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name:
RTE
Trailer
Park
66,
LLC
v.
City
of
Victorville
Code
Enforcement
Department
Case numbers: CIVSB2305021, CIVSB2316739
D.
CONFERENCE
WITH
LEGAL
COUNSEL-
ANTICIPATED
LITIGATION
PURSUANT
TO GOVERNMENT CODE § 54956.9
Based
on
advice
of
legal
counsel
and
existing
facts
and
circumstances,
a
point
has
been
reached
in
the
opinion
of
the
City
Council
that
the
City
is
facing
significant
exposure to litigation (Government Code § 54956.9(d)(2)) Number of Potential cases: One (1)
Facts
and
Circumstances:
The
City
received
a
letter
from
Caltrans
on
August
16,
2023, which included a threat of condemnation regarding a piece of City property.
Such
letter
is
available
for
review
in
the
City
Clerk’s
office
pursuant
to
Government
Code § 54957.5
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Ministry Intern Frank Aldaoud of Impact Christian Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Mojave
Drive
at
Condor
Road
Traffic
Signal
–
Approve
Notice
of
Exemption
and
Award of Construction Contract
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
a
public
hearing,
receive
testimony
regarding
the
proposed
project;
(2) Close the Public Hearing;
(3)
Approve
the
Notice
of
Exemption
for
the
Mojave
Drive
at
Condor
Road
traffic
signal;
(4)
Adopt
Resolution
No
23-075
to
amend
the
Fiscal
Year
2023/2024
Budget
appropriating
additional
revenue
of
$284,430.00
from
the
Highway
Safety
Improvement Program (HSIP) grant; and
(5)
Award
a
construction
contract
to
Elecnor
Belco
Electric,
Inc.,
in
the
amount
of
$795,622.00 for the Mojave Drive at Condor Road Traffic Signal Project.
2. Bear
Valley
Road
Reconstruction
Project
-
Approve
Notice
of
Exemption
and
Award
of a Construction Contract
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
a
public
hearing,
receiving
testimony
regarding
the
proposed
capital improvement projects (CIP);
(2)
Approve
the
Notice
of
Exemption
and
authorize
staff
to
file
the
notice
with
the
Office of Planning and Research and the County clerk; and (3)
Award
a
construction
contract
to
C.A.
Rasmussen,
Inc.,
in
the
amount
of
$8,944,073.46 for the Bear Valley Road Reconstruction Project.
CONSENT CALENDAR
3. Quarterly Investment Report as of June 30, 2023
Recommendation:
That
the
City
Council/Board
of
Directors
receive
and
file
the
attached
Quarterly
Investment Report as of June 30, 2023.
4. Annual Review of the City’s Investment Policy
Recommendation:
That
the
Honorable
City
Council
review
and
file
the
attached
Investment
Policy
CP-
15-01.
5. Second Reading of Ordinance No. 2442
Recommendation:
That
the
City
Council
adopt,
by
second
reading,
Ordinance
No.
2442
approving
a
Development
Agreement
Amendment
to
update
the
term
of
the
existing
agreement
and
allow
for
an
additional
one-year
extension
of
time
for
Tentative
Tract
Map
14525,
A
319-Lot
single
family
residential
subdivision
that
was
previously
approved
and
environmentally
assessed
on
property
located
west
of
and
abutting
Stoddard
Wells Road, South of Interstate 15, and approximately 2,000 feet North of D Street.
6. Second Reading of Ordinance No. 2443
Recommendation:
That
the
City
Council
adopt,
by
second
reading,
Ordinance
No.
2443
approving
Amendment
PLAN23-00017,
an
Amendment
to
the
Victorville
Municipal
Code
with
an
Environmental
Exemption
introducing
various
updates
to
Title
16 including
but
not
limited
to
standards
for
off-street
parking
facilities
for
recreational
vehicle
parking
and
parking
stalls
abutting
obstructions,
and
updates
to
accessory
dwelling
unit
standards
and
the
addition
of
junior
accessory
dwelling
allowances
in
accordance with State law.
7. Commercial Demand Schedule No. 3
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
3 in
the
amount
of
$5,129,570.84,
covering
Electronic
Fund
Transfers
No.
336011
through
336157
and
Warrant
No.
791574
through
791781
for
08/03/2023
through
08/16/2023,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30,
2023
and
Fiscal
Year
2023-2024
for
the period covering July 1, 2023 through June 30, 2024.
8. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
1A
for
Payroll
Period
June
23,
2023,
through
July
07,
2023,
in
the
amount
of
$2,172,070.99
covering
Check
Nos.
33275,
33504
and
33543
through
33579,
including
Vendor
checks.
Please
note
employee
Check
No.
33549
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
302506
through
303021,
per
adopted
budget
for
Fiscal
Year
2023-2024
(period
covering
July
1,
2023,
through
June 30, 2024).
9. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
1B
for
Payroll
Period
July
07,
2023,
through
July
21,
2023,
in
the
amount
of
$2,046,260.18
covering
Check
Nos.
32815,
32849,
32885,
32921,
32966,
32995,
33037,
33045,
33064,
33280,
33281,
33570,
33580
through
33612,
including
Vendor
checks.
Please
note
employee
Check
No.
33586
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
303022
through
303555,
per
adopted
budget
for
Fiscal
Year
2023-2024
(period
covering
July
1,
2023,
through
June
30,
2024).
10. Partial
Release
of
the
Faithful
Performance
Security
for
Case
Nos.
BLDC18-
00120/EROW18-00124
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80-percent
release
of
the
Street
Improvements
Faithful
Performance Securities for Case Nos. BLDC18-00120/ EROW18-00124; and (2) Accept the street improvements.
11. Strategic Partnership Grant for Water Conservation Kits - Budget Amendment
Recommendation:
That
the
Honorable
Victorville
Water
District
(District)
Board
of
Directors
adopt
Resolution
No.
VWD
23-012,
approving
a
budget
amendment
for
Fiscal
Year
2023-
2024
to
appropriate
$20,000
in
both
revenue
and
expenditures
related
to
the
Strategic
Partnership
Grant
for
Water
Conservation
Kits
awarded
by
Mojave
Water
Agency.
12. Code
Compliance
Department
Quarterly
Report
for
the
Fourth
Quarter
of
Fiscal
Year 2023
Recommendation:
That the Honorable City Council review and file.
13. 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.
14. 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.
WRITTEN COMMUNICATIONS
15. 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”).
16. 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”).
17. City Manager Reports
18. Discussion and Possible Action Regarding Upcoming Agenda Items
19. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 5, 2023
Submitted By:
Fredy Bonilla, Assistant City Engineer
Subject:
Mojave Drive at Condor Road Traffic Signal – Approve Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable City Council:
1) Open and conduct a public hearing, receive testimony regarding the proposed project;
2) Close the Public Hearing;
3) Approve the Notice of Exemption for the Mojave Drive at Condor Road traffic signal; 4) Adopt Resolution No 23-075 to amend the Fiscal Year 2023/2024 Budget appropriating additional revenue of $284,430.00 from the Highway Safety Improvement Program (HSIP) grant; and
5) Award a construction contract to Elecnor Belco Electric, Inc., in the amount of $795,622.00 for the Mojave Drive at Condor Road Traffic Signal Project.
Fiscal Impact:
The recommended action will result in a fiscal impact of $795,622.00. There are sufficient funds in the budget to cover the planned expenses. This project will be funded by the following funds: Street Lighting, Fund 200; Measure I, Fund 250; and a federal HSIP grant, Fund 275. The FY 22/23 and 23/24 budgets included this Capital Improvement Project (CIP). Approval of Resolution No. 23-075 (Attachment A) will reflect additional revenue, and appropriate an additional expense, increasing the grant budget by $284,430.00 to $762,930.00. The grant funds will be utilized to the maximum extent possible to minimize the expenses from Funds 200 and 250. Please refer to the table below that shows the fund account numbers, additional appropriation, available budget amounts, and the total funds for the project budget.
3 2
1 8
Fund Account No.
Additional
Appropriation Available Budget: Total
2004500-55330-62053 $110,792.13 $110,792.13
2504500-55315-62053 $256,170.85 $256,170.85
2754500-55315-62053 $284,430.00 $478,500.00 $762,930.00 Total: $1,129,892.98
Strategic Plan Goal:
This project aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by increasing vehicular and pedestrian safety with the installation of the traffic signal at Mojave Drive at Condor Road.
Background:
In August of 2018, the Engineering Department submitted an application to the State of California Department of Transportation (Caltrans) for the Cycle 9 HSIP (Highway Safety Improvement Program) call for projects to upgrade the intersection from a two-way stop sign to a traffic signal. The engineer’s estimated cost of construction in 2018 was $527,000.00. Please refer to Attachment B, a map showing the location of the proposed traffic signal. In December of 2018, the City received notification from Caltrans the project was selected for implementation.
Federally funded projects that may result in a significant and adverse change in the environment require an environmental review conducted by Caltrans. In September of 2021, the City received notification from Caltrans that the review had been completed and project has no significant impacts to the environment as defined by the National Environmental Policy Act (NEPA). The project does not require substantial land acquisition or traffic disruption, and therefore received a NEPA categorical exclusion 23 CFR 771.117(c) activity (c)(8) from the Caltrans environmental planners.
After City Council approved the FY 22/23 budget, right of way negotiations began with the four property owners at the intersection in 2022. Engineering utilized a consultant to negotiate the acquisition of the minimum amount of right of way necessary for the placement of the traffic signal poles and equipment at the intersection of the roads. In March of 2023, the right of way certification was approved by Caltrans and the request for authorization to proceed with construction was submitted.
In May of 2023, the City received authorization from Caltrans to advertise the project for construction and the notification that the grant had been funded with $478,500.00 of reimbursable Federal dollars. Please refer to Attachment D, the grant award letter and authorization to proceed with construction (E-76). Following advertisement and opening of the construction bids received, a request for additional HSIP grant funding was submitted to Caltrans. In August of 2023, the City received notification that additional grant funding had been approved. Please refer to Attachment E, the Caltrans notification of additional grant funding.
3 2
1 8
Discussion:
This capital improvement project scope includes the construction of a new traffic signal at the intersection of Mojave Drive and Condor Road. Government funded projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). The intersection of Mojave Drive and Condor Road is developed with asphalt concrete pavement for the road along with concrete curbs, ramps, and sidewalks on the corners.
Per the CEQA statues and guidelines, this project is exempt from an environmental review per Section 15301(c) with reference to existing highways and streets. See Attachment C, Notice of Exemption.
The traffic signal plan was prepared by a consultant. The specifications and engineer’s estimate for the project were prepared in-house by Engineering Department staff. This project was bid using formal bidding procedures in accordance with Victorville Municipal Code Section 2.28.210 and the California Public Contract Code. Advertising of the project started on June 6, 2023. On July 6, 2023, three bids were received and publicly read aloud. The bid results are shown below.
Company Bid Amount
Elecnor Belco Electric Inc. $795,622.00
DBX, Inc $878,870.00
Crosstown Electric $952,634.00
After a careful review and tabulation of the bid proposals, staff determined that the lowest responsive and responsible bidder is Elecnor Belco Electric Inc. The updated Engineer’s estimate for the project prepared in May of 2023 was $728,127.00. The low bid came in at 9.3 percent above this estimate. The price increase for construction is attributed to higher costs for material, equipment, and labor.
Because this project is federally funded, there are Disadvantaged Business Enterprise (DBE) program requirements. Padilla & Associates, a consultant specializing in DBE requirements, evaluated the DBE documents submitted by the low bidder. The advertised DBE goal for this project was 14 percent. The low bidders’ DBE commitment submitted for this project totals 18.3 percent of the total submitted bid, which exceeds the minimum requirement.
The Engineering Department will be responsible for management of the construction for this project. It is not known at this time when construction will start. The total duration of the project will depend on the long lead time (from six to twelve months) for the procurement of traffic signal equipment including poles, cabinets, and electrical components.
Staff recommends that the City Council approve the Notice of Exemption, adopt Resolution No. 23-075 to amend the Fiscal Year 2023/2024 Budget appropriating additional revenue of $284,430.00 from the HSIP grant; and award a construction contract 3 2
1 8
to Elecnor Belco Electric, Inc., in the amount of $795,622.00 for the Mojave Drive at Condor Road Traffic Signal Project.
Staff is available to answer any questions City Council may have.
Attachments: A. Resolution 23-075
B. Location Map
C. Notice of Exemption
D. Grant Award Letters
E. Additional Grant Funding
F. Construction Contract
ATTACHMENT A
RESOLUTION NO. 23-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 20 23-2024;
APPROVING ADDITIONAL EXPENDITURE APPROPRIATIONS AND
ADDITIONAL REVENUE FOR THE MOJAVE DRIVE AT CONDOR ROAD
TRAFFIC SIGNAL PROJECT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices , together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget amendment were prepared and distributed to the City Council, were approved by the City Council on June 6, 2023, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, notification was received of an approval for a Highway Safety Improvement Program Cycle 9 grant increase in the amount of Two Hundred Eighty-Four Thousand, Four Hundred Thirty Dollars ($284,430.00) for the Mojave Drive at Condor Road Traffic Signal Project;
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution, memorialize the acceptance of the grants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2023 -2024 for the City of Victorville is hereby amended to reflect revenue in the Highway Safety Improvement Program account No. 2754500-43120-62053 in the amount of Two Hundred Eighty -Four Thousand, Four Hundred Thirty Dollars ($284,430.00) and an increase in the expenditure account 2754500-55315-62053 in the amount of Two Hundred Eighty-Four Thousand, Four Hundred Thirty Dollars ($284,430.00) as described in the corresponding Agenda Item Staff Report for Council Meeting of September 5, 2023.
SECTION 2. That the City Council affirm acceptance of the grant funds for the Mojave Drive at Condor Road Traffic Signal Project and authorize the City Manager to execute said grants as further described in the above-referenced Staff Report for Council Meeting of September 5, 2023.
SECTION 3. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments and offices of the City.
SECTION 4. That this Resolution becomes effective immediately upon its adoption.
ATTACHMENT B
ATTACHMENT C
Notice of Exemption
To: County Clerk From: City of Victorville
County of San Bernardino 14343 Civic Drive
385 North Arrowhead Avenue, Second Floor Victorville, CA 92392 San Bernardino, CA 92415-0130 Engineering Dept.
Activity: Signalized Intersection Improvement
Activity Location - Specific: Mojave Drive at Condor Road
Activity Location - City: Victorville Activity Location - County: San Bernardino
Description of Activity: The construction of a traffic signal at an existing intersection.
Name of Public Agency Approving Activity: City of Victorville
Name of Person or Agency Carry Out Activity: City of Victorville
Exemption Status:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number : Class 1 15301(c)
Statutory Exemptions. State code number:
Reasons why project is exempt: This project will construct a traffic signal at the intersection of two streets, currently developed with road pavement, concrete curb, gutter, ramps and sidewalk.
Lead Agency Contact Person: Fredy Bonilla, Assistant City Engineer
Area Code/Telephone Extension: (760) 955-5157
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project:
Yes No
Signature: Date: Title:
Signed by Lead Agency
Signed by Applicant
ATTACHMENT D
STATE OF CALIFORNIA-------CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor
DEPARTMENT OF TRANSPORTATION
DIVISION OF LOCAL ASSISTANCE
P.O. BOX 942874, MS-1
SACRAMENTO, CA 94274-0001
PHONE (916) 654-1776
FAX (916) 654-7181
Serious drought.
Help save water!
TTY 711
www.dot.ca.gov
December 27, 2018
Mr. Anwar Wagdy
City Traffic Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92393
Dear Mr. Wagdy:
Congratulations! The following projects you submitted for the Highway Safety Improvement Program (HSIP) Cycle 9 funding have been selected for implementation:
Application ID Location Description of
Work
Project
Cost
Federal
Funds
08-Victorville-1 The intersection of Mojave
Dr. and Condor Rd.
Upgrade from 2-
way STOP control
to actuated traffic
signal.
$ 527,000 $ 478,500
08-Victorville-3 Various locations along major Upgrade existing roadways, including National guardrails and
$ 388,600 $ 388,600
Trails Highway, Amargosa
Rd, Hesperia Rd, Outer Bear
terminal system
end treatments
Valley Rd, Petaluma Rd, and to meet current
Amethyst Rd. standards.
To view the complete statewide project listing, please visit the HSIP website at:
http://www.dot.ca.gov/hq/LocalPrograms/HSIP/prev_cycle_results.htm.
In HSIP Cycle 9, 221 projects were selected from a candidate pool of 351 applications. These projects are selected for funding either based on the statewide Benefit Cost Ratio (BCR), or under the various set-asides (i.e. set-asides for Guardrail Upgrade, Horizontal Curve Signing, Pedestrian Crossing Enhancements, and Tribes). The selected HSIP projects, totaling $182 million, will be programmed in the 2019 Federal Statewide Transportation Improvement Plan (FSTIP).
Mr. Wagdy
December 27, 2018
So what is next?
1. Program new HSIP projects into the FSTIP:
The Metropolitan Planning Organizations (MPOs) will be informed of the projects being approved for funding, and the MPOs will program these projects in their FSTIP. Please note that i responsibility to check with your MPO to confirm when the Federal Highway Administration (FHWA) has approved the programming of your projects. At that time your agency may submit a request for authorization (RFA) to begin reimbursable work on the project in accordance with federal-aid project implementation procedures.
While waiting for the projects to be programmed into the FSTIP, your agency is encouraged to prepare documents required for your first Request for Authorization to Proceed (E-76) with your first phase of work. For more details regarding project implementation, please review the Local Assistance Procedures Manual (LAPM) at
http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm.
2. Deliver your HSIP projects and meet the delivery milestones per requirements:
For HSIP Cycle 9 projects, the following delivery milestones are required:
-76 with Preliminary Engineering is met by September 30, 2019; and -76 with Construction is met by December 31, 2021.
Caltrans will track the delivery of these HSIP projects. For delivery reports, consequence of not meeting the delivery requirements, exceptions, time extensions and other details, please visit http://www.dot.ca.gov/hq/LocalPrograms/HSIP/delivery_status.htm.
Important: Use EPSP to deliver the projects
Key: Local agencies can and should use the Expedited Project Selection Procedures (EPSP) to deliver their HSIP projects in advance of the FSTIP program year.
Given that a HSIP safety project is programmed in the FSTIP as lump-sum (i.e. not programmed by phases), it is quite often that the actual year of one or more phases will be different from the program year in the FSTIP. When this occurs, local agencies are allowed and encouraged to request for E-76s in any year, using the Expedited Project Selection Procedures (EPSP). The fact that a local HSIP project is not programmed in a given year should NOT hinder the local agency from requesting for authorization in that year, if the local agency is ready to start the work for a project phase. This understanding is especially important in meeting the delivery requirements of the local HSIP projects.
For the specifics of using the EPSP, please visit
http://www.dot.ca.gov/hq/LocalPrograms/HSIP/delivery_status.htm. to
Mr. Wagdy
December 27, 2018
If you have questions, please feel free to contact Enrique Gonzalez at (909) 806-3960, or at [email protected].
Sincerely,
David Lee
District Local Assistance Planner
to
DISTRICT 8
DIVISION OF PLANNING, LOCAL ASSISTANCE
464 W. 4TH STREET, 6TH FLOOR, MS 760
SAN BERNARDINO, CA 92401
PHONE (909) 806-3944
TTY 711
https://dot.ca.gov/programs/local-assistance
May 17, 2023 HSIPL-5380(037)
Upgrade 2-way stop control to an
actuated traffic signal at the intersection
of Mojave Drive and Condor Road.
City of Victorville
Brian Gengler
City Engineer
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, California 92393-5001
Dear Mr. Brian Gengler
We have reviewed and processed your authorization request for the above-referenced project through Caltrans Division of Local Assistance (HQ DLA) and the Federal Highway Administration (FHWA). Effective 05/16/2023, the above-referenced project is FMIS authorized to begin the Construction (CON) phase. Attached is a copy of the authorizing document (E- 76) for your records.
The Project End Date (PED) has been established by your agency, concurred by HQ DLA and approved by FHWA. Any costs incurred after this date will not be eligible for federal reimbursement. Your agency is expected to monitor the progress of its projects and if the need arises, revise the PED to accurately reflect the amount of time needed to complete the project or phase of the project. If the PED is revised after the authorized PED has past, any costs incurred between the expiration of the authorized PED and the revised PED are ineligible for reimbursement. Revisions to the PED require Caltrans concurrence and FHWA approval.
Please note that FHWA requires Form FHWA-1273 be physically inserted, unmodified and in its entirety, into the executed contract, i.e., the document that contains the signatures of the contracting agency and the contractor, as well as into all subcontracts, except for purchase orders, rental agreements and other agreements for supplies or services. It is also strongly recommended that Form FHWA-1273 still be included in bid documents in order to inform prospective bidders of the required contract provisions.
If you plan to utilize private/outside consultant services, please be reminded of the Consultant Selection and Audit Process as outlined in Chapter 10 of our Local Assistance Procedures Manual (LAPM). Additionally, please visit the Consultant Selection and Procurement page for additional guidance.
Prior to contract award, or after contract award but no later than the first invoice, the local agency must submit a completed Exhibit 10-C for all new or amended federal funded A&E consultant contracts using the Exhibit 10-C Database (only Chrome or Firefox compatible). If there are any changes requiring an amendment to the contract after submittal of Exhibit 10- C, the local agency must submit an updated Exhibit 10-C and all contract amendments to “Provide a safe and reliable transportation network that serves all people and respects the environment”
Mr. Brian Gengler
5/17/2023
Exhibit 10-C Database.
Prospective bidders should be reminded of the Disadvantage Business Enterprise (DBE) requirements contained in Chapter 9 of the Local Assistance Procedures Manual (LAPM).
Please refer to Local Assistance Procedures Manual (LAPM), Chapter 15, for proper Advertising and Award procedures. The City shall follow its normal procedure in awarding the contract to the lowest responsible bidder and assuring us that all federal requirements have been met, including an approved Quality Assurance Program.
Please notify this office in writing of the date of the bid opening. After the bid opening and award, please send us the following items:
•
•
•
A complete award package as outlined in Chapter 15, section 15.7.
One copy of plans and specifications, as advertised.
Provide the Letter of Notice to Proceed (NTP) to the awarded contractor.
Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM. Invoices for reimbursement cannot be submitted until after funds are encumbered via an executed Program Supplemental Agreement (PSA) and/or an executed Finance Letter. Additionally, per the Master Agreement, an invoice must be submitted at least every six months to avoid being classified as inactive.
If you have any questions, please contact me or Eduardo Moreno-Castaneda at (909) 963- 9282.
Sincerely
Alberto Vergel De Dios, PE
District Local Assistance Engineer (DLAE)
Division of Planning, Local Assistance
(909) 806-3944
Attachment: Amendment Modification Summary—(E-76) Sequence No. 1 c: Vanessa Schoenewald, San Bernardino County Transportation Authority (SBCTA) Muhammad Rahman, Caltrans Division of Local Assistance (HQ DLA) “Provide a safe and reliable transportation network that serves all people and respects the environment”
AUTHORIZATION / AGREEMENT SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 08-SBD-0-VCTV PROJECT LOCATION:
PREFIX:
PROJECT NO:
SEQ NO:
HSIPL
5380(037)
1 MOJAVE DR. / CONDOR RD INTERSECTION, CITY OF VICTORVILLE TYPE OF WORK:
UPGRADE 2-WAY STOP CONTROL TO AN ACTUATED TRAFFIC SIGNAL A THE PREV AUTH / AGREE DATES:
STATE PROJ NO:0819000051L-4
ALT. PROJ NO:
FED RR NO'S:
PUC CODES:
PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN
ENV STATUS / DT: 09/08/2021
RW STATUS / DT: 1 03/02/2023
INV RTE:
PE:
R/W:
CON:
SPR:
MCS:
OTH:
AGENCY:
ROUTE:
VICTORVILLE
DISASTER NO:
TIP DATA
MPO: BEG MP:
END MP:
SCAG
PROJECT END DATE (PED): 12/31/2025FSTIP YR:
STIP REF:
22/23
BRIDGE NO:20970001331
FSTIP ID NO: SCAG015
PROG CODE
YS30
LINE NO
30 IMPV TYPE
21 FUNC SYS URBAN AREA URB/RURAL DEMO ID
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PE PREV. OBLIGATION
PE THIS REQUEST
PE SUBTOTAL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
PE
RW PREV. OBLIGATION
RW THIS REQUEST
RW SUBTOTAL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
R/W
CON
OTH
CON PREV. OBLIGATION
CON THIS REQUEST
CON SUBTOTAL
$0.00
$751,824.00
$751,824.00
$0.00
$478,500.00
$478,500.00
$0.00
$0.00
$0.00
OTH PREV. OBLIGATION
OTH THIS REQUEST
OTH SUBTOTAL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL: $751,824.00 $478,500.00 $0.00
STATE REMARKS
04/03/2023 Sequence 1 is a request for CON phase funding to upgrade 2-way stop control to an actuated traffic signal at the intersection of Mojave Drive and Condor Road. *Total Local share will be $273,324 and $224,824 of that will be used to pay for non-participating costs. 04/26/2023 SEQ#1: Authorization of the CON phase, in the amount of $478,500 Safety Federal funds, code YS30. Maximum reimbursement ratio of 100% for safety counter measure, on a lump sum basis. *NEPA revalidation on 4/26/2023.
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:CON
FOR: CON
PREPARED IN FADS BY: NASLA, NOOR
REVIEWED IN FADS BY: BUI, DANIEL
SUBMITTED IN FADS BY: BUI, DANIEL
ON 2023-04-04 963-9413
ON 2023-05-01 444-7828
ON 2023-05-09 FOR CALTRANS
ON 2023-05-09 FOR FHWA
ON 2023-05-16 22:21:24.0
DOCUMENT TYPE: AAGR
PROCESSED IN FADS BY: SIGNATURE, NOT_REQUIRED
E-76 AUTHORIZED DATE IN FMIS BY: JIYOUNG AHN
SIGNATURE HISTORY FOR PROJECT NUMBER 5380(037) AS OF 05/17/2023
FHWA FMIS SIGNATURE HISTORY
MOD # SIGNED BY SIGNED ON
0 JERILYNN FOGLE
JERILYNN FOGLE
JIYOUNG AHN
05/10/2023
05/10/2023
05/16/2023
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
05/09/2023AUTH/AGREE BUI, DANIEL
ATTACHMENT E
1 Harry Mayo
From: Ximena I. Zambrano
Sent: Thursday, August 17, 2023 4:58 PM
To: Brian Gengler
Cc: Harry Mayo
Subject: Fw: Mojave/Condor Signal 5380(037)
FYI - We got additional monies for Mojave/Condor Project...Original Obligation: $ 478,500 + Additional $284,430 = $762,930 with a 87.16% reimbursement rate.
Below is the email confirmation.
From: Moreno-Castaneda, Eduardo@DOT <[email protected]> Sent: Thursday, August 17, 2023 4:26 PM
To: Ximena I. Zambrano <[email protected]>
Subject: RE: Mojave/Condor Signal 5380(037)
[EXTERNAL EMAIL]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Ximena,
Additional HSIP funding of $284,430 has been approved.
Best regards,
Eduardo Moreno Castaneda
HSIP and Inactive Projects Coordinator
Associate Transportation Planner
Division of Transportation Planning/Local Assistance
Caltrans District 8
Cell 909-963-9282
Telework Schedule:
Monday through Thursday 7:00 a.m. to 4:45 p.m.
Friday 7:00 a.m. to 3:45 p.m.
Reachable via email ([email protected]) and phone (909) 963-9282 464 W. 4th Street, 6th Floor MS 760, San Bernardino, CA 92401
Please Protect Yourself and Others (click here for up-to-date tips to get through this together)
ATTACHMENT F
1 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
CONSTRUCTION CONTRACT BETWEEN
THE CITY OF VICTORVILLE AND
ELECNOR BELCO ELECTRIC, INC.
FOR
MOJAVE DRIVE AT CONDOR ROAD TRAFFIC SIGNAL
CITY PROJECT CC23-058
(Federal Project No. HSIPL-5380(037)
THIS CONSTRUCTION CONTRACT (the “ Contract”) dated _____________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and ELECNOR BELCO ELECTRIC, INC., a California corporation, hereinafter referred to as the “ Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:
WHEREAS, the City requires the construction of the Mojave Drive at Condor Road Traffic Signal, City of Victorville Project CC23-058 (Federal Project No. HSIPL-5380(037), (the “Project”); and
WHEREAS, on June 6, 2023, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a du ly organized Corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and
WHEREAS, at its meeting held on ______________ the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES
CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
2 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents for the Project identified in the Recitals, all of which are either attached hereto as exhibits or are incorporated and made a part of this Contract by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal Schedule as accepted by the City); (2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices [if any specify location] or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Federal-Aid Contract Requirements;
(7) Special Provisions;
(8) Plans
(9) Revised Standard Specifications Dated 4/15/2022
(10) Revised Standard Plans Dated 4/15/2022
(11) CALTRANS 2022 Standard Specifications;
(12) CALTRANS 2022 Standard Plans;
(13) Appendices
a. Quality Assurance Plan
b. Master Agreement and Program Supplement (funding)
(14) Plans
(15) Bid Forms and attachment thereto;
(16) Faithful Performance Bond;
(17) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.
Section 3. CONTRACTOR’S OBLIGATIONS
Contractor will perform all of the Work required for the Project, as specified in the Contract Documents described in Section 2, above. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by 3 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058 the Contract Documents and to the satisfaction of Fredy Bonilla, Assis tant City Engineer, or his/her designee (hereinafter the “Project Manager”).
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. A
s full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Seven Hundred Ninety- five Thousand Six Hundred Twenty- two and 00/100 Dollars ($795,622.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, i n ac
cordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
b. P
rocedures relating to payment and retention are set forth in the Special Provisions and the Instructions to Bidders, respectively.
Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before the expiration of FIFTY (50) WORKING DAYS, commencing within FIFTEEN (15) calendar days after the City’s issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed . No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. FEDERAL-AID CONTRACT REQUIREMENTS
The
Federal-Aid Contract Requirements set forth in Exhibit “B” attached hereto and incorporated as part of this Contract by this reference, are required as conditions of the Federal Highway Safety Improvement Program (“HSIPL”) funding for this Project. Contractor and all Subcontractors shall comply with these requirements in the execution of the Work and completion of the Project.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The C
ity may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue. b. U
pon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
4 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for ma terials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
(3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 24 of this Agreement. 5 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PREVAILING WAGES AND LABOR REQUIREMENTS
a. Compliance with State and Federal Wage Requirements. As a federally funded Project, the Work called for in this Contract must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements 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 Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
b. Federal Wages. In accordance with and in addition to the provisions of the Davis -Bacon Act and related Federal labor requirements in the Contract Documents which are set forth and included in the attached Exhibit “B” and with which Contractor agrees to comply, the Secretary of Labor has determined the general prevailing wage rates applicable to federally-funded construction projects. A copy of the current General Federal Wage Decision applicable to the Work to be performed on this Project is attached to this Contract as Exhibit “C” and incorporated herein by this reference. Except as provided in Subsection d below, Contractor and all Subcontractors shall pay not less than said specified Federal Wages to all workers employed by them in the execution of the Work under this Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates.
c. State Prevailing Wage Law. This Project is also a “public works” project as defined in Chapter 1, Part 7, Division 2 of the California Labor Code, commencing with Section 1720 (the “Prevailing Wage Law”). The Prevailing Wage Law requires the payment of prevailing wages, the training and employment of apprentices, and compliance with other applicable labor requirements in the performance of public works. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. Copies of these prevailing rates of per diem wages are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
www.dir.ca.gov. It shall be mandatory upon the Contractor and upon all subcontractors, to comply with all provisions of the Prevailing Wage Law, which include but are not limited to: the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of 6 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
the work contemplated by this Contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors. Contractor shall be responsible for using the correct and current prevailing wage rates.
d. Payment of State Wages Required when Higher . Notwithstanding the provisions of Subsection b above, payment of State Prevailing Wage Rates when higher than Federal Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort . The City is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all Subcontractors. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
e. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
f. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
7 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
g. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.
h. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq ., the Regulations., and all other applicable State and federal labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.
i. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
j. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
k. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of THREE THOUSAND FIVE HUNDRED DOLLARS ( $3,500) per calendar day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
8 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that c ode, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance, including coverage for liability arising from Contractor’s acts or omissions in the performance of the Work, including contractor’s protective liability coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least Two Million Dollars ($2,000,000) per occurrence and at least Five Million Dollars ($5,000,000) general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract, including required endorsements.
(2) Commercial Vehicle Liability Insurance of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering bodily injury, death, or property damage, including hired and non-owned auto liability.
(3) Workers’ Compensation Insurance, providing coverage as required by the a. California State Workers’ Compensation Law. and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(4) Course of Construction, Builders’ Risk, or an Inland Marine policy issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations . Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment. Insurance should also 9 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.
(a) City of Victorville shall be named as a Loss Payee.
(b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
(2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage Required Prior to Commencement of Work. Within ten (10) business days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to the City shall be furnished by Contractor to the City Clerk. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.
(5) Required Endorsements. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non -payment, ten (10) days advance written notice shall be given. The CGL and vehicle liability policies shall be endorsed as Primary and Non-contributory.
c. Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of 10 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
subrogation. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must pro vide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
Section 14. COMPLIANCE WITH MAST ER AGREEMENT - ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL-AID PROJECTS (HSIPL PROJECT)
a. Contractor acknowledges that the Project is being funded in part with HSIPL funds, pursuant to that certain Master Agreement - Administering Agency-State Agreement for Federal- Aid Projects No. 08-5380F15, dated April 14, 2017 (hereinafter the “Master Agreement”), between the City, hereinafter referred to for purposes of this Section and Section 17 of this Contract only as “ADMINISTERING AGENCY”, and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to for purposes of this Section and Section 17 of this Contract only as “STATE”. Said Master Agreement is supplemented by that certain Program Supplement No. F030, dated June 10, 2022 (hereinafter the “ Program Supplement”). The Master Agreement and Program Supplement were included in Appendix A of the solicitation documents (bid package) for this Project and are attached to this Contract as Exhibit “D” and incorporated herein by this reference. (1) As required by the Master Agreement referenced in Subsection a above, the following provisions are expressly included in this Contract by this reference:
a) Paragraphs 5, 6, 17, 19 and 20 of ARTICLE IV – FISCAL PROVISIONS. b) Paragraphs 1, 2, and 3 of ARTICLE V - AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS.
c) All provisions of the FAIR EMPLOYMENT PRACTICES ADDENDUM and NONDISCRIMINATION ASSURANCES, attached as Exhibits A and B respectively to said Master Agreement, in which exhibits the phrase “Contractor” shall be inserted in the place of the phrase “ADMINISTERING AGENCY”.
d) As required by the Program Supplement referenced in Subsection a above, paragraphs B, C, F, H, I, K, and L of Section 2 of said Program Supplement are expressly included in this Contract by this reference.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this 11 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom; (3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. The City does not and shall not waive any rights that it may have against Contractor under this Section, because of the acceptance by the City or the deposit with the City of any insurance policy or certificate required pursuant to this Contract. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
c. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by Project Manager, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. 12 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable Project Manager, or his designee, to evaluate the cost and the performance of such Work.
c. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. The STATE (as defined in Section 14 of this Contract) reserves the right to conduct technical and financial audits of Project Work and records and ADMINISTERING AGENCY (as defined in Section 14 of this Contract) agrees and hereby requires Contractor and its Subcontractors to agree, to cooperate with STATE by making all appropriate and relevant Project records available for audit and copying as required by the following paragraph:
e. ADMINISTERING AGENCY, Contractor and its Subcontractors, and the STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and Contractor shall furnish copies thereof if requested.
All of the above referenced parties shall make the Master Agreement and the Program Supplement and contract materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of submission of the final expenditure report by the STATE to the Federal Highway Administration.
f. ADMINISTERING AGENCY and Contractor and its Subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The financial management system of ADMINISTERING AGENCY and Contractor and its Subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
13 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058 Section 20. AMBIGUITIES
This
Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A” , the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To City:
To Contractor:
To Surety:
Fredy Bonilla, Assistant City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
Alberto Garcia De Los Angeles, President
Elecnor Belco Electric, Inc.
14320 Albers Way
Chino, CA 91710
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation. 14 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period or (2) the completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.
Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one -year guarantee period after the City’s acceptance thereof) at no further cost to the City.
Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
15 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 34. EFFECTIVENESS OF CONTRACT
This Contract s hall not be binding upon the City, until signed by the authorized representative (s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents , servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.
16 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
(END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
17 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE
ELECNOR BELCO ELECTRIC, INC.
By: _____________________________ By:
Debra Jones, Mayor Alberto Garcia De Los Angeles, President
Dated: ___________________________
ATTEST
Dated:
By: _____________________________
Jennifer Thompson, City Clerk
Dated: ___________________________
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By: _____________________________
Sandra Bostick, Risk Manager
Dated:
18 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
EXHIBIT “A”
CONTRACTOR'S BID SCHEDULE
See Attachment
EXHIBIT A, CONTRACTOR'S BID SCHEDULE FORM, PROJECT CC23-058 EXHIBIT A, CONTRACTOR'S BID SCHEDULE FORM, PROJECT CC23-058 EXHIBIT A, CONTRACTOR'S BID SCHEDULE FORM, PROJECT CC23-058 19 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
EXHIBIT “B”
FEDERAL-AID CONTRACT REQUIREMENTS
See Attachment
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |1 SECTION B: FEDERAL-AID CONTRACT REQUIREMENTS
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
A. Required Clauses
(1) Nondiscrimination Statement
(2) Contract Assurance
B. Prompt Progress Payment
C. Prompt Payment of Withheld Funds to Subcontractors
D. Dispute Resolution
(1) Informal Meetings
(2
) Med
iation
E. Submission of DBE Information and Ongoing Reporting Requirements (Post-Award) (1) Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Report (2) Monthly DBE Trucking Verification Form – Exhibit 16-Z1 (3) DBE Subcontract Agreements
(4) DBE Commitment Change Request(s): Substitution/Replacement, Termination, and Inc
reasing/Decreasing Commitment Values
(5) Final Report-Utilization of Disadvantaged Business Enterprises (DBE) - Exhibit 17-F (6) Disadvantaged Business Enterprise (DBE) Certification Status Change - Exhibit 17-O F. Commercially Useful Function
G. Use of Joint Checks
2. BID OPENING
3. BID RIGGING
4. CONTRACT AWARD
5. CONTRACTOR LICENSE
6. CHANGED CONDITIONS
a. Different Site Conditions
b. Suspensions of Work Ordered by the Engineer
c. Significant Changes in the Character of Work
7. BEGINNING OF WORK, TIME OF OCMPLETION AND LIQUIDATED DAMAGES
8. BUY AMERICA
9. QUALITY ASSURANCE
10. PROMPT PAYMENT
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
12. FEMALE AND MINORITY GOALS
13. TITLE VI ASSURANCES
14. FEDERAL TRAINEE PROGRAM
15. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT
AND SERVICES
16. ENVIRONMENTAL MITIGATION MEASURES
17. OTHER
18. PROCUREMENT OF RECOVERED MATERIALS
19. FEDERAL WAGE RATES
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |2
FEDERAL-AID CONTRACT REQUIREMENTS
This is a federally funded project. The following language must be incorporated into all federally funded Construction Contracts. The following language, with minor edits, was taken from the Code of Federal Regulations.
The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, apply to these Contract Documents and are intended to be supplemental to the requirements in this Section.
If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these “Federal -Aid Contract Requirements”, as determined by Agency, the provision in this Section shall govern.
Agency, Local Agency, and City are used interchangeably.
Prime contractor and contractor are used interchangeably.
1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) – DBE CONTRACT GOAL: 14% The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the DBE contract goal for this contract is 14%. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal.
Exhibit 15-G, DBE Construction Contract DBE Commitment must be submitted with bid. It is the bidder’s responsibility to verify the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Bidder is responsible to document this verification by printing out the CUCP data for each DBE firm and submitting it with Bid. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-rights/dbe-search.
Two business days from bid opening, by 5 PM, bidder must submit Exhibit 9- I: DBE Confirmation, and DBE’s quote from each DBE that the DBE is participating in the Contract. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement as well.
If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation within 2 (two) business days of bid opening, by 5 PM.
It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https://dot.ca.gov/programs/civil-right s/dbe-
search.
All DBE participation will only count toward the California Department of Transportation’s federally mandated statewide overall DBE goal if the DBE performs a commercially useful function under 49
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |3 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work, and must carry out its responsibility by actually performing, managing, and supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function.
When a DBE is proposed to participate in the contract, at any tier, only the value of the work proposed to be performed by the DBE with its own work force may be counted towards DBE participation.
If a DBE intends to subcontract part of the work of its subcontract to a lower -tier subcontractor, the value of the subcontracted work may be counted toward DBE participation only if the subcontractor is a certified DBE and performs the work with their own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime contractor’s DBE attainment.
If the prime contractor listed a non -certified, 1st tier subcontractor to perform work on this contract, and the non -certified subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower tier DBE certified Subcontractor or Vendor, the value of work performed by the lower tier DBE firm’s own forces can be counted toward DBE participation on the contract. If a DBE contractor performs the installation of purchased materials and supplies, they are eligible for full credit of the cost of the materials.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
• The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. • The DBE may also lease trucks from a non-DB
E firm, including from an owner-operator. The DBE
that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non -DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
• The DBE may lease trucks without drivers from a non- DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |4 the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
A. Required Clauses
The prime contractor and all subcontractors shall incorporate verbatim and not by reference, the following clauses, in all subcontracts, broker, dealer, vendor, supplier or purchase order (PO) or other source contracts issued to both DBE and non-DBE firms. (1) Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. (2) Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
a) Withholding monthly progress payments;
b) Assessing sanctions;
c) Liquidated damages; and/or
d) Disqualifying the contractor from future bidding as non-responsible.
The prime contractor agrees to include these requirements in all subcontracts at any tier.
B. Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contr
actor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the coll
ection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.
C. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances.
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |5 To ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor, the Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non- DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
D. Dispute Resolution
All contracts in excess of five -hundred thousand dollars ($500,000) shall contain provisions or conditions which will allow for dispute resolution remedies in instances where contractors violate or breach DBE Program requirements, inclusive but not limited to, prompt payment and provide for such sanctions and penalties as may be appropriate.
The prime contractor shall incorporate this Section into each subcontract related to work arising under this Contract and shall not incorporate by reference.
The prime contractor and subcontractor agree to notify the Agency within five (5) business days of any prompt payment and/or DBE Program disputes which cannot be settled by discussions between the parties involved. The prime contractor and subcontractor further agree to proceed through informal meetings, mediation, or any combination thereof as further detailed below .
Dispute submittals shall include the method(s) of dispute resolution selected, terms, timeframes, and a detailed summary of assistance being requested (as applicable). (1) Informal Meetings: The Agency is available to assist the prime contractor with coordination of informal meeting requests to assist in the resolution of disputes between prime contractor and subcontractor. The Agency’s designated DBE support representative will conduct the informal meetings with parties in dispute. Representatives from prime contractor and subcontractor for the purpose of dispute resolution, must include individuals authorized to bind each interested party. All parties must agree to the procedure. (2) Mediation: The parties to a contract may agree to endeavor to settle a dispute through informal mediation under independent third -party organizations. The Agency’s designated DBE support representative and the designated Agency support staff are considered an independent third party. Submission to informal mediation is voluntary; it is not binding and offers advisory opinions.
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |6 Performance During Dispute: Unless otherwise directed by the Agency, the prime contractor and its sub tiers shall continue performance under the Contract while matters in dispute are being resolved.
Flow Down Requirements: The dispute resolution provisions flow down to all tiers.
These provisions shall not apply to disputes between the prime contractor and the Agency.
These provisions do not alter in any way or waive compliance with other provisions in the Contract.
E. Submission of DBE Information and Ongoing Reporting Requirements (Post-Award) The prime contractor must complete and submit within the specified timelines, the following DBE documentation, through the Agency’s electronic reporting system:
(1) “Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Report”
A primary purpose of this reporting submission is to ensure the prime contractor’s DBE commitments are attained, properly reported, and credited in accordance with DBE crediting provisions based on the capacity the DBE performs the scope of work/service.
This electronic report submittal further serves to monitor prompt payment to both DBE and non- DBE firms, and collect DBE utilization data as required under 49 CFR Part 26.
The prime contractor is required to complete and submit this report through the Agency’s elect
ronic reporting system by the 10th of each month until completion of the Contract. The prime contractor must submit the first report following the first month of Contract activity. Even if no DBE participation will be reported within a period, the prime contractor must complete and submit the report. The Monthly DBE Attainment Summary and Subcontractor Prompt Pay Verification Report must include the amount(s) received by the prime contractor from the Agency and the amount(s) paid to lower-tier subcontractors during the Month.
The process for submission of the Monthly DBE Attainment Summary and Subcontractor Prompt Paym
ent Verification Report requires the prime contractor to submit pertinent payment details for any firm (DBE and Non- DBE) that they have reported a payment to within the reporting period.
The prime contractor is advised not to report the participation of DBE(s) toward the prime contractor’s DBE attainment until the amount being claimed has been paid to the DBE. Pertinent payment details include:
• Subcontractor’s Invoice Number
• Subcontractor’s Invoice Amount
• Payment Amount
• Invoice Date
• Check Number
• Date of Payment
• Corresponding Prime Invoice (associated to subcontractors’ invoice) • Retention
• Disputed or Withheld invoice amounts
Firms will receive a notification from the Agency’s electronic reporting system when a payment is reported to them and they will be required to log-in to the system to verify the payment information provided by the prime contractor. A reported payment to a lower-tier DBE firm will not be credited until the DBE firm has validated the payment through the Agency’s electronic system. All payments to lower -tier firms must be validated prior to the 10th of each month following the reporting period.
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |7 Electronic submission of the Monthly DBE Attainment Summary and Subcontractor Prompt Pay Verification Report is a certification under penalty of perjury of the prompt payment assurance statement of compliance, providing assurance that timely payments have been issued to all subcontractors in accordance with regulatory mandates and as required by 49 CFR Section
26.29. Running Tally of Attainments
Additionally, after submitting an pay estimate that includes a payment to a DBE, but no later than the 10th of the following month, the Contractor shall complete and email the Exhibit 9 - F:
Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency. The Exhibit 9- F can be autopopulated upon submission of the Monthly reporting through the Agency’s electronic reporting system and can be downloaded for submission to Caltrans.
For projects that are awarded on or after September 1, 2023:
Exhibit 9-F is no longer required. Instead, by the 10th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. (2) "Monthly DBE Trucking Verification" Form - Exhibit 16-Z1 If the prime contractor is crediting DBE trucking participation towards the DBE goal, the Contractor must submit a trucking verification report (LAPM Exhibit 16- Z1) to the Agency through the Agency’s electronic reporting system, prior to the 10th of each month. This report will automatically be included within the Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Report process described above when the prime contractor reports a payment to a DBE trucking firm. Pertinent reporting details required will include:
a. Truck number
b. Owner's name
c. California Highway Patrol CA number
d. DBE certification number of the owner (as applicable) e. Amount paid
f. Fee/Commission amount
As a part of this process, prime contractor must also obtain and submit documentation to the Agency showing the amount paid by DBE trucking companies to all firms, including owner operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, prime contractor may count only the fee or commission the DBE receives as a result of the lease arrangement.
(3) DBE Subcontract Agreements
The prime contractor must electronically submit to the Agency copies of executed subcontracts and/or purchase orders (PO) for all DBE firms participating on the contract within ten (10) working days of contract award. The prime contractor must immediately notify the Agency in writing of any problems it may have in obtaining the subcontract agreements from listed DBE firms within the specified time.
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |8 (4) DBE Commitment Change Request(s): Termination, Substitution, and Increasing/Decreasing Commitment Values
The prime contractor shall utilize the DBEs specified on Exhibit 15-G Construction Contract DBE Commitment, included with their bid. DBEs are to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate, decrease or substitute a listed DBE for convenience and perform work originally designated for a DBE with its own work force or those of an affiliate, a non-DBE firm, another DBE firm or obtain materials from other sources without prior written authorization from the Agency. The prime contractor shall not be entitled to any payment for work or materials unless it is performed or supplied by the listed DBE on the Exhibit 15-G , unless the DBE is terminated and substituted in accordance with this section and the prime obtains prior written approval from the Agency. This includes partial terminations.
The prime contractor shall provide written notification to the Agency in a timely manner of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work.
The Agency shall only provide written consent to a request to use other forces or sources of materials if t he prime contractor has good cause to terminate (includes decreasing a DBE commitment) a DBE firm. For the purposes of this section good cause includes any of the following justifications:
a) Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
b) The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements. c) Work requires a contractor’s license and listed DBE does not have a valid license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.
d) The listed DBE fails or refuses to perform the work or furnish the listed materials of its subcontract in a way consistent with normal industry standards (failing or refusing to perform is not an allowable reason to remove a DBE if failure or refusal is a result of bad faith or discrimination).
e) Listed DBE's work is unsatisfactory and not in compliance with the contract. f) Listed DBE is ineligible to work on public works projects because of suspension or debarment proceedings pursuant to 2CFR Parts 180, 215 and 1200 or applicable state law. g) Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness. h) Listed DBE voluntarily withdraws with written notice from the Contract. i) Listed DBE is ineligible to receive credit for the type of work required. j) Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
k) The Agency determines other documented good cause. (good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the Agreement so that the prime contractor can self-perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non-DBE contractor after Agreement award).
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |9 (5) DBE Termination
To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:
1) Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
2) If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice. 3) Submit Contractor’s DBE termination request through the Agency’s electronic reporting system and include:
• One or more above listed justifiable reasons along with supporting documentation. • Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice. • The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.
• Any documentation necessary to validate the Good Cause justification.
The Agency shall respond in writing to Contractor’s DBE termination/Substitution requests within 5 business days.
Contractor must substitute terminated DBE’s with another DBE or adequate good faith efforts must be documented by prime contractor
(6) DBE Substitution Request
After receiving the Agency’s written authorization of a DBE termination request, the Contractor must obtain the Agency’s written approval for DBE substitution. The substitution must be certified as a DBE through the California Unified Certification Program (CUCP) at the time of the request.
The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to substitute a DBE firm:
1. Submit a request to substitute a DBE with other forces or material sources in writing through the Agency’s electronic reporting system, which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proof of DBE certification of proposed firm
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |10 • Revised Exhibit 15-G: Construction Contract DBE Commitment The replacement DBE cannot work on the contract until its work eligibility has been confirmed and required subcontracts, supplies, trucking commitments, or other services have been approved by the Agency.
2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs to use DBE replacement firms within five (5) days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of ten (10) days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self -perform, to the extent needed to meet the DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitat ion efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.
(7) On-Going Good Faith Effort (GFE) Documentation
During the term of the contract, the prime contractor shall continue to make a Good Faith Effort (GFE) to ensure that DBEs have an opportunity to successfully perform in the contract, and that the prime contractor meets the DBE contract goal. These efforts shall include but shall not be limited to the following:
a. Negotiating in good faith to attempt to finalize and execute a subcontract agreement with the DBEs committed to in the bid;
b. Continuing to provide assistance to DBE subcontractors or suppliers in obtaining bonding, lines of credit, etc.
c. Notifying a DBE in writing of any potential problem and attempting to resolve the problem prior to formally requesting the Agency’s approval to substitute the DBE. d. Paying all vendors (DBEs and non- DBEs) in a timely manner, as listed in the contract specifications;
e. Alerting the Agency in a timely manner of any problems anticipated in attaining the DBE participation committed to in the bid or proposal;
f. If a DBE substitution is necessary, making a Good Faith Effort to replace the DBE with another DBE, subject to the approval of the Agency.
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |11 g. Conducting market research and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project.
h. The prime contractor should solicit this interest as early in process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.
i. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own force s. This may include, where possible, establishing flexible timeframes for performance.
j. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract.
k. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case- by-case basis to provide assistance in the recruitment and placement of DBEs.
Adding Additional DBE Subcontractors
In the event the prime contractor identifies additional DBE subcontractors or suppliers not previously identified by the prime contractor for DBE participation under the contract, the prime contractor must notify the Agency by submitting a “Request to Add,” through the Agency’s electronic system to enable the Agency to verify the firm’s eligibility, capacity, commercially useful function and ensure there is not a scope conflict with another listed firm. Proposed firms will not be applied towards the prime contractor’s DBE participation until approved by the Agency.
The prime contractor must also submit, for each DBE identified after contract execution, a written confirmation from the DBE acknowledging that it is participating in the contract for a specific value, and scope of work. This supporting documentation will also be required by the Agency’s electronic system when submitting a DBE Request to Add.
Contractor must also submit a revised Subcontracting Request and a revised Exhibit 15- G:
Construction Contract DBE Commitment
(8) Final Report-Utilization of Disadvantaged Business Enterprises (DBE) Exhibit 17-F Upon completion of the project, the prime contractor must electronically designate their last Monthly DBE Attainment Summary and Subcontractor Prompt Payment Verification Report as final, to facilitate reporting and capturing DBE attainments and prompt release of retention to all subcontractors at conclusion of the project.
Within 90 days of contract acceptance by Resident Engineer, Prime contractor shall then complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE),
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Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |12 First-Tier Subcontractors which can be auto populated upon submission of all monthly reporting through Agency’s electronic reporting system. The amount of ten thousand dollars ($10,000) will be withheld from payment until a satisfactory form is submitted. (9) Disadvantaged Business Enterprise (DBE) Certification Status Change Exhibit 17-O If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17- O, form and submit the form within 30 days of contract acceptance.
The Agency requires prime contractor to maintain records and documents of payments to lower- tiers, including DBEs, for a period of three (3) years from the date of final payment by the Agency, unless otherwise provided by applicable record retention requirements for prime contractor’s contract, whichever is longer. These records will be made available for inspection upon request by any authorized representative of the Agency. This reporting requirement extends to all lower- tiers, both DBE and non- DBE. The Agency reserves the right, at its sole discretion, to demonstrate responsiveness to requirements of CFR 49 Section 26.37 by implementing the following method: Posting prime contractor payment data to a website, database, or other place accessible to subcontractors to assist them in determining when they should expect to receive payment.
F. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.
The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the init ial evaluation and validation of DBE performance of a CUF using the LAPM 9 -J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |13 • Bills of lading
• Invoices
• Proof of payment
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9- J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5
th of the month for the previous three (3) months of
work.
The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.
The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Contractor must suspend performance of the noncompliant work.
The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance o f the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work.
The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval.
The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.
G. Use of Joint Checks
A joint check may be used between the Contractor or lower -tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |14 from the LPA for the proposed use of joint check upon submittal of the LAPM 9- K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.
To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• LPA must authorize the request before implementation
• Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier
A request for a joint check agreement may be initiated by any party.
If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).
Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.
A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.
2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U .S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code §10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |15 determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. [This provision may be omitted by the Local Agency, at their option.]
B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |16 • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of FIFTY (50) WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Victorville the sum of $3,500 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AME
RICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)
3. Glass (including optic glass)
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |17
4. Lumber
5. Drywall
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States. Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project
Waivers (Not Applicable)
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:
1. 2.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP. Schedule work to allow time for QAP (Appendix A).
10. PROMPT PAYMENT
A. FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from the Contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of the following:
1. The Local Agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
The Local Agency must return any payment request deemed improper by the Local Agency to the Contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. FROM THE AGENCY TO THE CONTRACTORS
For projects awar ded on or after September 1, 2023:
EXHIBIT B
C ITY OF V ICTORVILLE , C A LIFORNIA
Mojave Drive at Condor Road Traffic Signal Federal-Aid Contract Requirements City of Victorville, Project CC23-058, HSIPL-5380(037) Page |18 The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9 -P information, monitor compliance with prompt payment requirements for DBE and non -DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Contractor.
11. FO
RM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS
EXHIBIT B
20 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
EXHIBIT “C”
GENERAL FEDERAL WAGE DECISION
See Attachment
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"General Decision Number: CA20230026 03/17/2023
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: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
6/21/23, 7:51 AM SAM.gov
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Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 01/20/2023
3 02/10/2023
4 03/17/2023
ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 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 TILE LAYER.......................$ 45.05 18.33 6/21/23, 7:51 AM SAM.gov
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---------------------------------------------------------------- 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
line equipment).............$ 50.00 21.30
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(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
GROUP 8....................$ 55.08 30.70
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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
(above ground tunnel); Power concrete curing machine
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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);
Rubber-tired scraper operator (self-loading paddle wheel 6/21/23, 7:51 AM SAM.gov
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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, operating equipment with push-pull system (single engine, 6/21/23, 7:51 AM SAM.gov
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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)
GROUP 24: Rubber-tired earth-moving equipment operator, 6/21/23, 7:51 AM SAM.gov
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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
including 200 tons mrc); Derrick barge operator (over 100 6/21/23, 7:51 AM SAM.gov
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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
Bernardino County boundary until the intersection with Kern 6/21/23, 7:51 AM SAM.gov
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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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$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- ENGI0012-004 08/01/2022
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 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
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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 Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB 6/21/23, 7:51 AM SAM.gov
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$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
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 08/01/2022
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Asbestos Removal Laborer.........$ 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
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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
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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; Pipelayer's backup person, coating, grouting, making of 6/21/23, 7:51 AM SAM.gov
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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
Rates Fringes
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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: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
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CEMENT MASON/CONCRETE FINISHER...$ 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 01/01/2021
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO:
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 48.71 29.15 ---------------------------------------------------------------- SHEE0105-003 01/01/2023
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 health-related needs, including preventive care; or for reasons 6/21/23, 7:51 AM SAM.gov
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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.
3.) If the decision of the Administrator is not favorable, an 6/21/23, 7:51 AM SAM.gov
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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"
21 Construction Contract/Elecnor Belco Electric, Inc./Project CC23-058
EXHIBIT “D”
MASTER AGREEMENT AND PROGRAM
SUPPLEMENT
See Attachment
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
EXHIBIT D
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 5, 2023
Submitted By:
Fredy Bonilla, Assistant City Engineer
Subject:
Bear Valley Road Reconstruction Project - Approve Notice of Exemption and Award of a Construction Contract
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing, receiving testimony regarding the proposed capital improvement projects (CIP);
(2) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County clerk; and (3) Award a construction contract to C.A. Rasmussen, Inc., in the amount of $8,944,073.46 for the Bear Valley Road Reconstruction Project.
Fiscal Impact:
The recommended action will result in a fiscal impact of $8,944,073.46. This project will be funded by the following funds: Measure I, Fund 250; SB1, Fund 221; Water, Fund 410 and; and General Fund, Fund 100. Please refer to the table below that shows the account numbers, associated available budget, and the total budget.
Account No. Available Budget
2214500-55315-60088 $3,244,158.02
2504500-55315-60088 $5,102,074.32
4104500-55315-60088 $33,917.94
1004500-55330-60141 $680,748.26
Total: $9,060,898.54
Although not part of the proposed construction contract, associated construction support and material testing services in the amount of $116,825.08 has been included in the budget outlined above.
3 2
5 9
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The work will include improvements to public safety and access for pedestrians, improving pavement conditions and completing partially constructed road improvements is a residential tract.
Background:
The Project includes three locations of proposed work (please refer to Attachment A for the project locations and limits of work). The locations include:
(1) Bear Valley Road from US Hwy 395 to Amethyst Road;
(2) The intersection of Bear Valley Road at Monte Vista Road; and (3) Tract 16792 north of Bear Valley Road.
Construction projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). It is a routine requirement to comply with CEQA before construction starts on a project. The City must review all public works projects to determine how they will comply with CEQA requirements before making a discretionary recommendation of approval of a construction project prior to award of a construction contract.
The California Code of Regulations Title 14, Division 6, Chapter 3 provides guidelines for the implementation of CEQA. Article 5 of such guidelines identifies certain types of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. City staff evaluated the scope of these projects and determined they are Categorically Exempt under Article 19, Section 15301(c): Existing Facilities (Class 1) of the CEQA guidelines. Bear Valley Road and the various streets in Tract 16792 are developed roads with existing asphalt pavement, barren graded shoulders and/or concrete improvements such as curbs, gutters and sidewalks. The reconstruction, rehabilitation and completion of the existing improvements are considered minor as they do not propose any capacity increases or disturbance of existing native natural habitat.
Pursuant to Article 5, Section 15061, after determining that a project is exempt from CEQA, and once the project is approved by its governing body, the Notice of Exemption will be recorded to initiate a 35-day statute of limitations for any appeals submitted from a party feeling a categorical exemption is being improperly used to limit the possibility of legal challenge. See Attachment B, the Notice of Exemption to be recorded.
Bear Valley Road is classified as a super arterial roadway on an east-west alignment that crosses the entire width of the City limits. As such, it experiences the highest-level of automobile traffic volume within the City. Subsections of the road segment proposed for reconstruction and rehabilitation were constructed dating back to 1988. Over the past 35 years of service, some sections in this two-mile stretch of road have been reconstructed, resurfaced, or widened with developments.
3 2
5 9
Well-constructed roads experiencing heavy traffic can last up to 15 years before rehabilitation work is required. Rehabilitation treatments including thin surface overlays can extend the life of the road from 20 to 30 years between major reconstruction work.
The last major rehabilitation surface treatment project for this road was performed in 1996. Current conditions of the roadway pavement include distresses such as: alligator cracking, shoving, potholes, raveling and rutting which indicate the asphalt and subgrade soils have reached its design life. Furthermore, in the Pavement Condition Index (PCI) survey conducted in 2022, this segment of road ranged from poor to fair.
Bear Valley Road from Highway 395 to Amethyst Road was engineered in house to limit the scope of work where feasible and reduce construction costs. The scope of work will include major reconstruction work and rehabilitation. This value engineering includes:
(1) Preserving existing road pavement sections that are less than 5 years old; (2) Resurfacing existing pavement sections that are less than 15 years old; and (3) Resurfacing sections of the center lane that experience little traffic.
The remaining sections of the road will experience full depth, major reconstruction. No widening of the road to increase the number of lanes will occur.
Work along Bear Valley Road will further include replacing existing concrete improvements that are damaged or non-ADA compliant, including curb and gutter, curb ramps, and drive approaches. New concrete curb and gutter adjacent to existing residential developments, and ADA compliant curb ramps at intersections where none exist, are also included. No road widening, new concrete sidewalk, curb and gutter or ramps will be constructed adjacent to vacant undeveloped land. This will be the responsibility of the developer of the vacant land along the road.
Bear Valley Road at the intersection of Monte Vista Road is a two-lane street that experiences intermittent high volumes of right turning cars from the westbound traffic travelling on Bear Valley Road. Monte Vista Road is the boundary line between the City of Victorville and the unincorporated area of San Bernardino County at this location. A right turn pocket is proposed for construction on Bear Valley Road to accommodate the right turn movement onto Monte Vista Road to improve driver safety at this intersection.
Tract 16792 is a partially completed residential development. The developer went bankrupt during construction, leaving a portion of the public improvements unfinished. A settlement was received by the City from the surety company holding bonds for the completion of the public improvements. These settlement funds are in Fund 100 in the account identified in the Fiscal Impact section. The settlement funds received can only be used for finishing the incomplete public improvements within the tract to the extent possible.
Street segments that did not receive the intended two layers of asphalt pavement will be capped with the second layer of pavement. Other work will include completing partially 3 2
5 9
constructed sidewalk, curb ramps, a Landscape Maintenance Assessment District (LMAD) block wall, and landscaping.
Discussion:
The project plans, special provisions, and bid package were engineered and prepared in- house by Engineering staff. Construction management of this project will be performed by Engineering staff.
This project was bid using formal bid procedures in accordance with Victorville Municipal Code Section 2.28.210 and the California Public Contract Code. Advertising of the project started on July 5, 2023. On August 3, 2023, four bids were received and three were publicly read aloud. One bid was incomplete, did not include a complete bid schedule, and the total amount could not be read aloud. The bid results are shown below.
Company Base Bid Amount
C.A. Rassmussen Inc. $8,944,073.46
Sully-Miller Contracting Co. $9,685,166.20
All American Asphalt $14,942,357.20
After a careful review and tabulation of the bid proposals, staff determined that the lowest responsive, responsible bidder is C.A. Rassmussen Inc. The Engineer’s estimate for the project was $7,778,480.00. The current low bid is 15 percent above the estimate. The price increase for construction is attributed to higher costs for materials, equipment, and labor. The next highest bid was approximately 8 percent higher than the low bid, which is considered to be reasonable.
Staff recommends that the City Council approve the Notice of Exemption and award a construction contract (Attachment C) in an amount of $8,944,073.46 to C.A. Rasmussen Inc., for the Bear Valley Road Reconstruction Project.
Staff remains available for any questions the City Council may have.
Attachments: A. Location Maps
B. Notice of Exemption
C. Construction Contract
ATTACHMENT A
PROJECTLOCATION
PROJECTLOCATION
PROJECTLOCATION
DOS PALMAS ROAD
WAR EAGLE STSANDPIPER PLEAGLE POINT ST
SPIRIT PL
BIG CHIEF ST
MARICOPA RDFEATHER ROCK STREDWING PLTHUNDER HAWK PLTHUNDERBIRD PL
BIG CHIEF ST
MONTE VISTA RDKITTY HAWK ST
WAR EAGLE ST
LOCATION MAP
TRACT 16792 IMPROVEMENT PROJECT
STREET IMPROVEMENTSLANDSCAPEIMPROVEMENTSLEGEND
ATTACHMENT B
Notice of Exemption
To: County Clerk From: City of Victorville
County of San Bernardino 14343 Civic Drive
385 North Arrowhead Avenue, Second Floor Victorville, CA 92392 San Bernardino, CA 92415-0130 Engineering Dept.
Project Title: Bear Valley Road Reconstruction
Activity Location - Specific: Bear Valley Road from Hwy 395 to Amethyst Rd, Tract 16792
Activity Location - City: Victorville Activity Location - County: San Bernardino
Description of Activity: The City desires to r econstruct a degraded section of Bear Valley Road from Hwy 395 to Amethyst Road and construct a turn pocket at the intersection of Monte Vista Road. Further work includes capping of existing streets in Tract 16792 with additional asphalt pavement and finish incomplete landscaping along the Tract.
Name of Public Agency Approving Activity: City of Victorville
Name of Person or Agency Carrying Out Activity: City of Victorville
Exemption Status:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 1 15301(c) Statutory Exemptions. State code number:
Reasons why project is exempt: The project will remove and replace existing road pavement and associated damaged concrete improvements, cap existing roads and finish planting existing, designated landscaping along streets. These improvements are considered minor as they will replace existing elements and do not propose any capacity increases.
Lead Agency Contact Person: Fredy Bonilla, Assistant City Engineer
Area Code/Telephone Extension: (760) 955-5170
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project:
Yes No
Signature: Date: Title: Assistant City Engineer Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 2110, Public Resources Code. Date Received for filling at OPR:
Reference: Section 21108, 21152 and 21152.1, Public Resources Code.
ATTACHMENT C
CITY OF VICTORVILLE , CALIFORNIA
1 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
CONSTRUCTION CONTRACT BY AND BETWEEN
THE CITY OF VICTORVILLE AND
C.A. RASSMUSSEN, INC.
FOR
BEAR VALLEY ROAD RECONSTRUCTION PROJECT,
CITY PROJECT CC23-101
THIS CONSTRUCTION CONTRACT (the “Contract”) dated for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and C.A. Rassmussen, Inc. , a California corporation hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “ Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires construction of Bear Valley Road Rec onstruction Project, as more fully described in the solicitation documents issued by the City for Project No. CC23 -101 (the “Project”);and
WHEREAS, on July 5, 2023, the City issued a Notice Inviting B ids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on , the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and ar e hereby incorporated into this Contract by this reference, as though set forth herein.
CITY OF VICTORVILLE , CALIFORNIA
2 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are c omplementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City); (2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions
(7) Greenbook 2021 Edition
(8) Appendices
(9) Plans
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.
Section 3. CONTRACTOR’S OBLIGATIONS
Contractor will perform all of the Work required for the Project, as specified in the Contract Documents.
Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work i n a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of Fredy A. Bonilla PE, Assistant City Engineer, or his designee (hereinafter the “Project Manager”).
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Eight Million Nine Hundred Forty-four Thousand Seventy-three and 46/100 DOLLARS, ($8,944,073.46) (the “ Contract Price ”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents. b. Procedures relating to payment and retention are set forth in the Special Provisions.
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Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time . The Work under this Agreement shall be diligently prosecuted to completion before expiration of Ninety (90) WORKING DAYS , commencing within Fifteen (15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed . No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“ Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2- 10 of the Special Provisions.
i) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process. ii) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.). b. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
• Each Party shall designate a senior management or executive level representative to negotiate any dispute.
• The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
• If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party.
If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
• The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action. • Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit again the City.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be affected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under
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this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue. b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued. (3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto. c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the
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Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PREVAILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage. b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9. c. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations . Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
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(a) The information contained in the payroll record is true and correct; and (b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
e. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation. f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors. g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
i. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor
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and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Three Thousand Five Hundred and 00/100 Dollars ( $3.500.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertak e self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all t imes during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence resulting from the acts or omissions of the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than Five Million Dollars ($5,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.. (3) Workers’ Compensation Insurance: Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
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(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations. Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment. (a) City of Victorville shall be named as a Loss Payee. (b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Instal lation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site. (5) Pollution Liability: Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year. b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers. (2) Waiver of Subrogati on Rights . Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A;VII. (4) Proof of Insurance Coverage Required Prior to Commencement of Work. Within ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.
(5) Special Provisions. Any additional insurance requirements set forth in Section 5-4 of the Special Provisions shall also apply to this Contract.
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(6) Other Required Endorsements.
(a) The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non- payment, ten (10) days advance written notice shall be given.
(b) The CGL and vehicle liability policies shall be endorsed as Primary and Non- contributory.
c. Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
Section 14. Reserved.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities ") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom; (3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder,
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Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; (4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to per sons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter- Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. City will timely notify Contractor upon receipt of any third- party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment
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Section 20. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To City:
To Contractor:
Fredy Bonilla, Assistant City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
Adam Rasmussen, President
C. A. Rasmussen, Inc.
28548 Livingston Avenue
Valencia, CA 91355
To Surety:
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
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Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.
Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one -year guarantee period after the City’s acceptance thereof) at no further cost to the City.
Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and Cit y will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights andduties of the
CITY OF VICTORVILLE , CALIFORNIA
13 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 34. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each ofthe Parties, each counterpart shall be deemed to be a part of this Contract.
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
CITY OF VICTORVILLE , CALIFORNIA
14 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. (END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
CITY OF VICTORVILLE , CALIFORNIA
15 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE C. A. RASMUSSEN, INC.
By: By:
Debra Jones, Mayor Adam Rasmussen, President
Dated: Dated:
ATTEST
By:
Jennifer Thompson, City Clerk
Dated:
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
THE CITY OF VICTORVILLE
By:
Sandra Bostick, Risk Manager
Dated:_______________________________
CITY OF VICTORVILLE , CALIFORNIA
16 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT A
SCOPE OF WORK
City agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number CC23-101, for the Project, and the entirety of which is currently on file in office of the City Clerk); (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B" ); and (iii) with the instructions of the City Engineer.
CITY OF VICTORVILLE , CALIFORNIA
17 Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT B
CONTRACTOR'S BID PROPOSAL
EXHIBIT B
18/Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT B
19/Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT B
20/Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT B
21/Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT B
22/Construction Contract/C.A. Rasmussen, Inc./Project CC23-101
EXHIBIT B
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EXHIBIT B
24/Construction Contract/C.A. Rasmussen, Inc./Project CC23-101 Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Sophie L. Smith, Deputy City Manager / City Treasurer
Subject:
Quarterly Investment Report as of June 30, 2023
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of June 30, 2023.
Fiscal Impact:
There is no fiscal impact associated with this item. This is a report of cash and investments held by the City to be provided quarterly to the City Council/Board of Directors to receive and file.
Strategic Plan Goal:
Goal A. Financial Sustainability - Foster fiscal health through disciplined long-term planning by adhering to our three (3) investment policy criteria: safety, liquidity, and yield.
Background:
The City Treasurer is to provide the City Council/Board of Directors a quarterly report of investments, as stated in California Government Code Section 53646.
Discussion:
In accordance with the City’s Investment Policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. This report shall include a management summary that provides a status of the current investment portfolios.
Below is a summary of the City’s investment performance for the previous five fiscal years, the average yield of the previous five fiscal years, and the average yield for the current fiscal year as of the current quarter. A large portion of the City’s funds are held in 3 2
5 7
Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond’s final maturity date. The detail of these investments can be found in the Quarterly Investment Reports. Staff is available to answer any questions the City Council/Board of Directors may have.
Average Annual Yield: Past 5 Fiscal Years, 5-Year Avg, and Current Fiscal Year Avg
Fiscal Year:
Investment Type
2018/19 2019/20 2020/21 2021/22 2022/23
5-Year
Avg
Current
FY Avg
LAIF/Bank Accounts
(Cash) 2.10% 1.71% 0.54% 0.34% 3.35% 1.61% 3.35%
Trustee Accounts
(Bond Reserve
Funds)
2.14% 0.85% 0.13% 0.48% 4.15% 1.55% 4.15%
Attachments: A. Quarterly Investment Report as of June 30, 2023
Attachment A
Quarterly Investment Report
as of June 30, 2023
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Sophie L. Smith, Deputy City Manager/City Treasurer
Subject:
Annual Review of the City’s Investment Policy
Recommendation:
That the Honorable City Council review and file the attached Investment Policy CP-15-
01. Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
Goal A. Financial Sustainability - Foster fiscal health through disciplined long-term planning by adhering to our three (3) investment policy criteria: safety, liquidity, and yield.
Background:
The City's Investment Policy shall be reviewed each year by the City Council to ensure its consistency with respect to the overall objectives of safety, liquidity, and yield.
Proposed amendments to this policy may be prepared by the City Treasurer and shall be forwarded to the City Council for consideration.
Discussion:
The Investment Policy is intended to outline the objectives and guidelines for the City to invest public funds in a prudent manner, which will provide the maximum security while meeting the daily cash flow needs. City investments are made in accordance with the California Government Code that governs the investment of public funds. Within these legal guidelines, the three primary objectives of the City’s Investment Policy are: safety of invested funds, maintaining sufficient liquidity to meet cash flows needs, and attaining the maximum yield. The City continues to abide by the highest professional standards in the management of public funds. In accordance with the City’s Investment Policy, the City Council shall review the Investment Policy annually with respect to the overall objectives 3 2
5 8
of safety, liquidity, rate of return. Proposed amendments to this policy will be prepared by the City Treasurer. The last revision to the Investment Policy was submitted to Council on January 20, 2015.
Below is a summary of the City’s investment performance for the last five fiscal years and the average yield of the five fiscal years. A large portion of the City’s funds are held in Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond final maturity date. The detail of these investments can be found in the Quarterly Investment Reports submitted to City Council.
Average Annual Yield Past 5 Fiscal Years & 5-Year Average
Fiscal Year:
Investment Type 2018/19 2019/20 2020/21 2021/22 2022/23 5-Year
Avg
LAIF/Bank Accounts
(Cash) 2.10% 1.71% 0.54% 0.34% 3.35% 1.61%
Trustee Accounts
(Bond Reserve Funds) 2.14% 0.85% 0.13% 0.48% 4.15% 1.55%
Staff is available to answer any questions the City Council may have.
Attachments: A. Investment Policy CP-15-01
Attachment A
Investment Policy CP-15-01
2 City of Victorville
Council Policy
SUBJECT: POLICY NUMBER: CP-15-01
Investment Policy January 20, 2015
PURPOSE
It is the policy of the City of Victorville to invest public funds for itself and its component units in a prudent manner which will provide the maximum safety while meeting the daily cash flow needs and conforming to all statues governing the investment of public funds.
The primary purpose of this Investment Policy (“Policy”) document is to establish guidelines and objectives for the management of investment of:
1. the City’s temporarily idle funds (“surplus funds”)
2. proceeds of bond issues that are held by the City pending their ultimate use
3. proceeds of bond issues that held by third party trustees DEFINITIONS AND APPLICABILITY:
There are slightly different considerations affecting investment decisions depending on the type of or source of cash owned by the City or in which the City has an interest. For Policy purposes, these are classified as follows:
1. Temporarily idle funds are those monies that are in the possession and control of the City, arising from revenues and the general operation of the City. These monies are typically kept in the City’s bank accounts and LAIF accounts.
2. Proceeds of bond issues held by the City are those monies that have arisen from specific bond or bonds and are governed in whole or in part by the related bond offering documents.
3. Proceeds of bond issues that held and controlled by third party trustees are those monies that have arisen from a specific bond or bonds and are held by the trustee pursuant to requirements imposed on the trustee by the bond offering documents.
4. Proceeds from defeased bond issues are funds that help by and invested by the trustee that are intended to generate sufficient earnings that, combined with the principal, will meet all future debt service obligations on the defeased bonds. 3 The use of the term "investment portfolio" is not intended to define all investments in a single group, but rather is intended to define investments on a fund or component unit basis, thus recognizing that one component unit of the City may have entirely different investment requirements, liquidity needs, etc.
STANDARDS OF CARE:
The standard of prudence to be used by investment officials shall be the “prudent person rule” standard and shall be applied in the context of managing an overall portfolio.
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Accordingly, certain types of investments which are viewed as intrinsically speculative or otherwise involve more than minimal risk to the principal are prohibited.
City Treasurers acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided that deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this Policy.
OBJECTIVES:
All funds in the possession of the City as temporarily idle or surplus funds shall be invested in accordance with principles of sound treasury management and in accordance with provisions of California Government Code Sections 53600 et seq., the Municipal Code, and this Policy.
Proceeds of bonds issues that are held by the City pending their ultimate use shall be invested in accordance with the bond offering documents.
Proceeds of bond issues held by a third-party trustee are governed by the terms of the Bond Offering documents. Notwithstanding the control exercised by a third-party trustee, the City has an obligation to review the investments made by a third-party trustee so as to assure that the trustee effectively manages the monies in accordance with these objectives. In establishing this Policy requirement, it is recognized that the City may suffer adverse financial consequences in the event that a trustee makes unwise or poor performing investment decisions and it is further recognized that the City’s role in advising a trustee is limited to review and recommendation.
The following is a discussion of the general objectives for investing temporarily idle or surplus funds under the control of the City.
A. Overall Risk Profile
The basic objectives of the City’s investment program are, in order of priority:
1. Safety of invested funds;
4 2. Maintenance of sufficient liquidity to meet cash flows needs of the investing fund or component unit; and
3. Attainment of the maximum yield possible consistent with the first two objectives.
B. Achievement of Objectives
The achievement of these objectives shall be accomplished in the manner described below:
1. Safety
The City shall insure the safety of its invested funds by limiting credit and interest rate risks. Credit risks are the risks of loss due to the failure of the security issuer or backer. Interest rate risk is the risk that the market value of portfolio securities will fall due to an increase in general interest rates. a. Credit Risk will be mitigated by:
i. Limit investments to the safest types of securities; ii. Pre-qualifying with an established procedure the financial institutions with which it will do business;
iii. Diversifying the investment portfolio so that the failure of any one issuer or backer will not place an undue financial burden on the City.
b. Interest rate risk will be mitigated by:
i. Structuring the City’s portfolio so that securities mature to meet the City’s cash requirements for ongoing operations, thereby, avoiding the need to sell securities on the open market prior to their maturation to meet those specific needs; ii. Investing primarily in short- term securities, money markets, mutual funds, or similar investment pools.
c. The physical security of safekeeping of the City’s investments is also an important element of safety. Detailed safekeeping requirements are defined in the section of this policy entitled “Safekeeping of Securities”.
2. Liquidity
The City’s financial portfolio must be structured in a manner, which will provide that securities mature at approximately the same time as cash is needed to meet anticipated demands. Additionally, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets, or consist of investments that have a nominal maturity of sixty days or less. The specific percentage mix of different investment instruments and maturities is described herein. 5 3. Rate of Return
Rate of return on the City’s investment portfolio is of tertiary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low-risk securities in anticipation of earning a fair return relative to the risk being assumed. While it may occasionally be necessary or strategically prudent of the City to sell a security prior to maturity to either meet unanticipated cash needs or to restructure the portfolio, this policy specifically prohibits trading securities for the sole purpose of speculating or taking an unhedged position on the future direction of interest rates. Specifically, “when, as and if issued” trading and open-ended portfolio restructuring transactions are prohibited.
C. Maturity Time Frames for Investments
The City’s investment portfolio shall be structured to provide that sufficient funds from investments are available as needed to meet the City’s anticipated cash needs. Subject to the safety provisions outlined above, the choice of investment instruments and maturities shall be based upon an analysis of anticipated cash needs, existing and anticipated revenues, interest rate trends and specific market opportunities. As a general rule, the average maturity of the investment portfolio will not exceed three years, and no investment will have a maturity of more than five years from its date of purchase.
INVESTMENT PARAMETERS:
A. Types of Investment Authorized
The City may invest temporarily idle funds through banks, saving and loans, authorized broker/dealers, and the State Local Agency Investment Fund (“LAIF”).
No investment shall have maturity greater than five years. Combined investments with maturities greater than one year shall not exceed 70% of the total portfolio.
Funds may be invested in the following investment types without percentage limitation as to the total of the investments except as noted:
1. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
2. The Local Agency Investment Fund (LAIF).
3. Collateralized and/or insured demand deposits in nationally or state chartered banks or states or federal associations (as defined by Section 5102 of the Financial Code).
4. Certificates of deposit issued by a nationally or state-chartered bank or a state or federal association (as defined by Section 5102 of the Financial Code) maturing in two years or less, and which shall be fully insured by the F.D.I.C., up to a maximum of 30% of the total investment portfolio. 6 5. Obligations issued by Government Sponsored Entities having the full faith and credit of the United States Government, maturing in five years or less, the total of which shall not exceed 75% of the total portfolio, as follows:
a. Federal National Mortgage Association (Fannie Mae).
b. Government National Mortgage Association (Ginnie Mae) in an amount not to exceed 20% of the total portfolio.
c. Federal Home Loan Mortgage Corporation (Freddie Mac). d. Federal Home Loan Bank (FHLB).
e. Federal Farm Credit banks (FFCB).
f. Federal Agricultural Mortgage Corporation (FAMC).
Note: State law lists other obligations issue by Government sponsored Entities (‘GSE”) in whose debt instruments a local government may invest. However, certain of these GSE’S have failed and been taken over by the U.S. Government. For this reason, the Policy does not permit investments in debt of any GSE that does not have the full faith and credit of the U.S. Government.
6. Money market mutual funds. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15U.S.C.Sec.80a-1et seq.). To be eligible for purchase the money fund shall be an “AAA” rated Government or U.S. Treasury money fund. In addition, the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (B) Retained an investment adviser registered with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
The percentages limitations listed above on the amount of the City’s portfolio that may be invested in each investment category or issuer apply at time of purchase.
The percentage limitations shall be recalculated on a basis of fair market values on a quarterly basis and be included in the quarterly report to the City Council.
However, there is no obligation to rebalance the portfolio.
B. Prohibited investments
Investments by the City in securities permitted by the California Government Code but not specifically approved by this investment policy are prohibited without the prior approval of the City Council.
As required by California Government Code Section 53601.6, the City shall not invest any funds in inverse floaters, range notes, mortgage derived interest-only strips or any security that could result in zero interest accrual if held to maturity. 7 No representative of the City is authorized to engage in margin transactions, derivatives, nor reverse repurchase agreements on behalf of the City.
C. Qualification of Brokers, Dealers, and Financial Institutions United States Treasury issue transactions shall be conducted only with the Federal Reserve, or the bank providing banking services for the City, or broker/dealers currently authorized to provide investment services to the City.
The City Treasurer shall maintain a list of financial institutions and broker/dealers authorized to provide investment services to the City. The authorized financial institutions and broker/dealers shall maintain a license in the State of California and shall qualify under the Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). If at any time the City Treasurer learns that a financial institution or broker/dealer does not maintain a license in the State of California or no longer qualifies under the SEC Rule 15C3-1, the City Treasurer shall immediately notify the City Council and shall place the item on the next agenda.
Annually, all authorized firms must supply the City Treasurer with a current audited financial statement and such other documents that may be requested verifying compliance with Rule 15C3-1.
D. Collateralization Requirements
Uninsured time deposits with banks and savings and loans shall be collateralized in the manner prescribed by law for depositories accepting municipal investment funds.
E. Ethics & Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personnel business activities that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Such employees and investment officials shall disclose to the City Council and the City Manager any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personnel financial/investment positions that could be related to the performance of the City’s portfolio. Such employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales.
F. Pre-formatted Wire Transfers
Wherever possible, the City shall use pre-formatted wire transfers to restrict the transfer of funds to pre-authorized accounts only. When transferring funds to an account, the bank must require a second authorized employee to release the wire for confirmation that the transfer is authorized. Wire transfers between brokers and/or security dealers are prohibited. Wire transfers directly between LAIF and the City’s safekeeping bank are permitted.
8 G. Notice of Policy
The City shall send a copy of the current edition of this Investment Policy and enabling resolution upon opening an account and annually to brokers/dealers, which are approved to handle City of Victorville investments. Receipt of the policy and authorizing resolution, including confirmation that it has been reviewed by persons handling the City’s account, shall be acknowledged in writing within thirty days.
H. Place and Time for Conducting Business
Investment transactions shall be conducted from City Hall during normal business hours unless a sufficient number or authorized signatories are unavailable at City Hall to complete the investment transaction.
I. Investing Bond Proceeds
For the purpose of this section, “Bond Proceeds” shall include any notes, bonds, or other instruments issued on behalf of the City of Victorville, or any other District or Corporation for which the members of the City Council serve as the governing body.
Should the City of Victorville elect to issue bonds for any purpose, the Indenture of Trust, to the extent applicable, shall be the governing document specifying allowable investments for the proceeds of the issue as prescribed by law. The section of any Indenture of Trust which specifies allowable investments shall be presented to the Governing body for approval. If the bond documents are silent as to the permitted investments, bond proceeds shall be invested in securities permitted by this policy. With respect to maximum maturities, if in the opinion of the City Treasurer matching the segregated investment portfolio of the bond reserve fund with the maturity schedule of an individual bond issue is prudent given current economic analysis, the Policy authorizes extending beyond the five- year maturity limitation.
It is assumed that investments held by a trustee relating to a defeased bond issue have been invested so as to meet the requirement for defeasement. These requirements essentially are that the principal and projected earnings thereon will be sufficient to meet all obligations of the defeased bond issue with no more than a negligible risk that the obligor may be required to make up any cash flow shortages. Therefore, trustees generally invest in long term U.S. Government securities that have cash flows fully matched to the obligations on the defeased bonds. Accordingly, there is generally very little active management on these trust assets.
SAFEKEEPING OF SECURITIES AND CERTIFICATES OF DEPOSIT (CD):
A. Safekeeping Agreement
The City shall contract with a bank or trust company for the safekeeping of securities, other than CDs, LAIF, and money market mutual funds, which are 9 owned by the City as part of its investment portfolio. All investments held by the third-party custodian for the City of Victorville shall be evidenced by safekeeping receipts.
B. Handling of City-Owned Securities and Certificates of Deposit All individually purchased CDs owned by the City shall be held by the City. All CD’s purchased through the Certificate of Deposit Account Registry Service (CDARS) shall be held in electronic form by a qualified bank sponsoring the City’s access to the CDARS Network.
The collateral for CDs purchased from a nationally or state chartered bank or state or federal association (as defined by Section 5102 of the Financial Code) shall be held by the applicable financial institution appointed for this purpose by the California Department of Banking, pursuant to State law. The collateral for CDs purchased from banks shall be held in trust by the bank (if a safekeeping agreement has been executed) or by a third-party custodian. The collateral shall be monitored by the State of California Treasurer’s Office Securities Clearance Section, Local Agency Administration.
C. Security Transfers
All Security transactions entered into by the City shall be conducted on a Delivery-Versus-Payment (DVP) basis. DVP is delivery of securities with an exchange of money for the securities and with an exchange of a signed receipt for the securities. All securities, except CDs and money market funds shall be held in an account in the City’s name by a third-party custodian designated by the City Treasurer. LAIF accounts may be held in either the name of the City and/or in the name of any subsidiary district or component unit of the City.
The authorization to release City securities shall be provided either in writing signed by two authorized signatories or by telephone to the appropriate bank or financial institution by an authorized City official other than the person who initiated the transaction. If instruction is provided by telephone, a written confirmation outlining details for the transaction and confirming the telephoned instructions shall be sent to the bank within two (2) working days.
Authorized City officials are the City Manager, City Treasurer, Chief Financial Officer, and Finance Manager.
D. Verification of Certificates of Deposit Collateral
The collateral for certificates of deposits exceeding insurance amounts provided by the F.D.I.C. shall be an amount equal to a minimum of 110% of the deposited funds. The State of California Treasurer’s Office, Securities Clearance Section, Local Agency Administration will monitor the collateral held by the custodian of collateral pledged for local agency deposits.
RESPONSIBILITIES:
A. Responsibility of the Finance Division
10 The Finance Division is charged with responsibility for maintaining custody of all public funds and securities belonging to or under the control of the City and for the day-to-day deposit and investment of those funds in accordance with this Policy.
B. Responsibility of the City Treasurer
The City Treasurer is charged with responsibility for the selection of specific investments and the development of procedures to implement this Investment Policy as approved by the City Council.
C. Responsibility of the City Manager
The City manager is responsible for directing and supervising the activities of the Finance Division and the City Treasurer in carrying out this Policy. He or she is responsible further to keep the City Council fully advised as to the financial condition of the City.
D. Responsibility of the City’s auditing firm
The City’s auditing firm’s responsibilities shall include, but not be limited to an annual review of the City’s Investment Policy for compliance with the California Governments Codes relating to local government investment policies. The auditing firm shall test the City’s investment activity for compliance with the City’s investment policy and the applicable California Government Codes relating to investments that may be purchased or held by local government.
E. Responsibility of the City Council
The City Council shall annually consider and adopt a written Investment Policy.
As provided in that Policy, the Council shall receive, review, and accept quarterly investment reports.
F. Responsibility of Investment Advisors
Approved investment advisors shall provide the service within the following parameters:
1. All investments made on behalf of the City shall be accomplished in accordance with this Investment Policy.
2. All investment advisors must be explicitly authorized by the City Council.
3. All investment advisors must provide services within the scope of responsibility consistent with their contract with the City.
REPORTING:
The City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council or deemed as appropriate by the City Treasurer.
This report shall include a management summary that provides an analysis of the status of the current investment portfolios and transactions made since the last such report.
The Quarterly Investment Report shall include the following:
11 •Type of investment instruments
•Issuer names
•Maturity date
•Par value of investment
•Current rate of interest
•Purchase price
•Overall portfolio yield based on cost
•Weighted average days to maturity
•Included in each report and signed by the City Treasurer: “The above Investments are consistent with the City’s Investment Policy and Government Code Section 53646. All investment transactions during this period are included in this report. As City Treasurer of the City of Victorville, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the next six (6) month’s estimated expenditures.” ANNUAL REVIEW:
This Investment Policy shall be reviewed each year by the City Council to ensure its consistency with respect to the overall objectives of safety, liquidity, and yield. Proposed amendments to this policy may be prepared by the City Treasurer and shall be forwarded to the City Council for consideration.
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Second Reading of Ordinance No. 2442
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2442 approving a Development Agreement Amendment to update the term of the existing agreement and allow for an additional one-year extension of time for Tentative Tract Map 14525, A 319- Lot single family residential subdivision that was previously approved and environmentally assessed on property located west of and abutting Stoddard Wells Road, South of Interstate 15, and approximately 2,000 feet North of D Street.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
The proposed Development Agreement Amendment will further implementation of the 2020-2023 Strategic Plan by addressing the following multi-year goals outlined in the Strategic Plan.
Goal A. Financial Sustainability – The proposed Development Agreement Amendment requires the subject development to mitigate its ongoing economic impacts that require the provision of additional municipal services through annexation into a Community Facilities District, which will assist in the City maintaining its long-term fiscal health.
Goal C. Community and Economic Development – Additional dwelling units created as a result of the residential development subject to Development Agreement Amendment will support economic vitality of the City by introducing new residents to the City that patronize the various public facilities and private establishments in the area, including within the Old Town Specific Plan area.
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Discussion:
At the Regular City Council meeting held on August 15, 2023, the City Council voted to introduce Ordinance No. 2442, approving a Development Agreement Amendment to update the term of the existing agreement and allow for an additional one-year extension of time for Tentative Tract Map 14525, A 319-Lot single family residential subdivision that was previously approved and environmentally assessed on property located west of and abutting Stoddard Wells Road, South of Interstate 15, and approximately 2,000 feet North of D Street.
This ordinance is being presented for adoption and once adopted, will become effective October 5, 2023.
Attachments: A. Ordinance No. 2442
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Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Second Reading of Ordinance No. 2443
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2443 approving Amendment PLAN23-00017, an Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various updates to Title 16 including but not limited to standards for off-street parking facilities for recreational vehicle parking and parking stalls abutting obstructions, and updates to accessory dwelling unit standards and the addition of junior accessory dwelling allowances in accordance with State law.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
Approval of proposed Ordinance No. 2443 will enable the City to further fulfill the following Goals outlined in the 2020-2023 Strategic Plan
Goal C. Community and Economic Development – The proposed Development Code Amendment will work to enhance and persevere the community by eliminating recreational vehicle parking within front yards that diminish the aesthetic qualities of homes and streetscapes, while also reducing safety hazards caused by recreational vehicles located in a manner that block sidewalks.
Goal d. Reduce Homelessness – the proposed amendment relating to accessory dwelling units and junior accessory dwelling units will bring the City into compliance with State law and the adopted Housing Element, while providing additional housing options that provide a greater range of opportunities for different income levels. Increasing housing variety by allowing accessory dwelling units and junior accessory dwelling units provide additional options for homeless individuals or those at risk of homelessness. 3 1
1 2
Discussion:
At the Regular City Council meeting held on August 15, 2023, the City Council voted to introduce Ordinance No. 2443, approving Amendment PLAN23-00017, an Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various updates to Title 16 including but not limited to standards for off-street parking facilities for recreational vehicle parking and parking stalls abutting obstructions, and updates to accessory dwelling unit standards and the addition of junior accessory dwelling allowances in accordance with State law.
This ordinance is being presented for adoption and once adopted, will become effective October 5, 2023.
Attachments: A. Ordinance No. 2443
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Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Sophie L. Smith, Deputy City Manager / City Treasurer
Subject:
Commercial Demand Schedule No. 3
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 3 in the amount of $5,129,570.84, covering Electronic Fund Transfers No. 336011 through 336157 and Warrant No. 791574 through 791781 for 08/03/2023 through 08/16/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023 and Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $423,796.25 and total fiscal impact for FY23-24 in the amount of $4,705,774.59 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 3 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 3 Check Register Summary
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
336011 08/09/2023 EFT 019363 ALL PROPEST CONTROL SERVI 140.00 336012 08/09/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 1,000.00 336013 08/09/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 1,241.26 336014 08/09/2023 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 336015 08/09/2023 EFT 022189 ATIMUA, ASIANA LIMA 250.00 336016 08/09/2023 EFT 007650 BAKER & TAYLOR, INC. 2,071.38 336017 08/09/2023 EFT 000297 BECK OIL, INC. 2,860.22
336018 08/09/2023 EFT 015877 BOOT BARN, INC. 447.93
336020 08/09/2023 EFT 022096 CALI AUTO GLASS 260.00
336021 08/09/2023 EFT 003245 CALIFORNIA DEPARTMENT OF 57.00 336022 08/09/2023 EFT 002720 CALIFORNIA TOOL & WELDING 146.81 336023 08/09/2023 EFT 014820 CAL-STATE AUTO PARTS 1,023.88 336024 08/09/2023 EFT 028287 CASTELLON, STEPHANIE 140.00 336025 08/09/2023 EFT 016230 CAVANAUGH & ASSOCIATES, P 4,000.00 336026 08/09/2023 EFT 018132 CLINICAL LABORATORY OF SA 13,843.50 336027 08/09/2023 EFT 000743 DELL MARKETING L.P. 1,027.27 336028 08/09/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 582.19 336029 08/09/2023 EFT 012800 DKF SOLUTIONS GROUP, LLC 1,655.93 336030 08/09/2023 EFT 015760 FASTENAL COMPANY 8.80
336031 08/09/2023 EFT 011206 FLYERS ENERGY LLC 561.78
336032 08/09/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 188.98 336033 08/09/2023 EFT 016134 FRONTIER COMMUNICATIONS C 1,864.80 336034 08/09/2023 EFT 003960 CENGAGE LEARNING, INC. 617.50 336035 08/09/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 942.24 336036 08/09/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,786.94 336037 08/09/2023 EFT 001076 GRAINGER 1,592.07
336038 08/09/2023 EFT 006269 GREEN, DE BORTNOWSKY, LLP 68,855.34 336039 08/09/2023 EFT 001104 HAAKER EQUIPMENT CO. 1,604.42 336040 08/09/2023 EFT 020948 HARPER, JAMES JR 175.00
336041 08/09/2023 EFT 000278 HI DESERT ALARM 405.08
336042 08/09/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 177.70 336043 08/09/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 7,143.57 336044 08/09/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 255.66 336045 08/09/2023 EFT 000696 L.N. CURTIS & SONS 11,013.47 336046 08/09/2023 EFT 016352 MONTGOMERY, ROGER 280.00
336047 08/09/2023 EFT 016376 SHEPARD, MARSHALL 14,630.00 336048 08/09/2023 EFT 009644 NORTHERN SAFETY COMPANY I 322.94 336049 08/09/2023 EFT 003523 ODYSSEY POWER CORPORATION 1,115.56 336050 08/09/2023 EFT 001789 PARKHOUSE TIRE, INC. 1,701.89 336051 08/09/2023 EFT 025260 PENWORTHY COMPANY, THE 1,268.58 336052 08/09/2023 EFT 011299 PFT/ALEXANDER SERVICE, IN 5,396.72 336053 08/09/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 467.68 336054 08/09/2023 EFT 012308 ROADPOST USA ,INC. 133.90
336055 08/09/2023 EFT 001987 ROTARY CLUB - VICTORVILLE 161.67 336056 08/09/2023 EFT 002017 SAFEWAY SIGN CO. 396.94
336057 08/09/2023 EFT 002037 SAN BERNARDINO COUNTY 161,141.98 336058 08/09/2023 EFT 021434 SOUTH COAST, LLC 1,000.00
336059 08/09/2023 EFT 001153 DS SERVICES OF AMERICA, I 598.03 336060 08/09/2023 EFT 010553 SPOK, INC. 12.18
336061 08/09/2023 EFT 017269 TOWN & COUNTRY TIRE INC 80.19 336062 08/09/2023 EFT 002419 UNDERGROUND SERVICE ALERT 88.25 336063 08/09/2023 EFT 003089 UNITED RENTALS, INC. 402.45
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
336064 08/09/2023 EFT 014536 UNITED SITE SERVICES OF C 172.41 336065 08/09/2023 EFT 015004 U.S. DEPARTMENT OF ENERGY 8,478.09 336066 08/09/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 808.50 336067 08/09/2023 EFT 015079 VERIZON WIRELESS SERVICES 2,643.85 336068 08/09/2023 EFT 008430 CALMAT COMPANY 1,909.65
336069 08/09/2023 EFT 002862 V.V. TOW, INC. 467.00
336070 08/09/2023 EFT 022033 WOODARD & CURRAN, INC. 963,382.69 336071 08/09/2023 EFT 018845 Z GLOBAL INC. 101,170.78
336072 08/16/2023 EFT 019813 COMMUNITY HEALTH ACTION N 9,739.29 336073 08/16/2023 EFT 016317 GREATER HOPE FOUNDATION F 4,580.00 336074 08/16/2023 EFT 002809 HIGH DESERT HOMELESS SERV 7,328.75 336075 08/16/2023 EFT 004263 INLAND MEDIATION BOARD 7,386.52 336076 08/16/2023 EFT 013274 MOSES HOUSE MINISTRIES 9,472.50 336077 08/16/2023 EFT 007006 PARTNERS AGAINST VIOLANCE 4,693.72 336078 08/16/2023 EFT 019810 ROCK'N OUR DISABILITIES F 344.34 336079 08/16/2023 EFT 013107 VICTOR VALLEY COMMUNITY S 4,705.15 336080 08/16/2023 EFT 002782 VICTOR VALLEY DOMESTIC VI 5,497.50 336081 08/16/2023 EFT 010826 AIR EXPRESSWAY TOWING, IN 250.00 336082 08/16/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 215.80 336083 08/16/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 1,502.65 336084 08/16/2023 EFT 022189 ATIMUA, ASIANA LIMA 100.00 336085 08/16/2023 EFT 010862 BABB, JORDAN 125.00
336086 08/16/2023 EFT 000297 BECK OIL, INC. 8,773.24
336087 08/16/2023 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,972.10 336088 08/16/2023 EFT 016222 CACEO 210.00
336089 08/16/2023 EFT 022096 CALI AUTO GLASS 262.26
336090 08/16/2023 EFT 022696 CALIFORNIA DIESEL COMPLIA 2,773.00 336091 08/16/2023 EFT 002720 CALIFORNIA TOOL & WELDING 1,056.86 336092 08/16/2023 EFT 014820 CAL-STATE AUTO PARTS 866.73 336093 08/16/2023 EFT 016335 CHARTER COMMUNICATION HOL 17,683.38 336094 08/16/2023 EFT 012417 CLEAN DIESEL SPECIALISTS 1,565.04 336095 08/16/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 1,022.25 336096 08/16/2023 EFT 000760 DESERT SERVICE STATION MA 227.19 336097 08/16/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 582.19 336098 08/16/2023 EFT 019731 EL DORADO BROADCASTERS LL 1,800.00 336099 08/16/2023 EFT 000875 ENDURA STEEL, INC. 156.36
336100 08/16/2023 EFT 018870 ENNIS-FLINT, INC. 14,355.00 336101 08/16/2023 EFT 010860 ESTRADA, MIGUEL A. 14,800.00 336102 08/16/2023 EFT 015760 FASTENAL COMPANY 5.86
336103 08/16/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 952.54 336104 08/16/2023 EFT 021251 FLEET SERVICES, INC. 160.00 336105 08/16/2023 EFT 011206 FLYERS ENERGY LLC 6,540.20 336106 08/16/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 51.67 336107 08/16/2023 EFT 016134 FRONTIER COMMUNICATIONS C 393.41 336108 08/16/2023 EFT 001002 G & M AUTOMOTIVE & TOWING 360.00 336109 08/16/2023 EFT 001015 GALLS PARENT HOLDINGS, LL 2,306.72 336111 08/16/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,194.00 336112 08/16/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 3,344.16 336113 08/16/2023 EFT 001076 GRAINGER 4,854.64
336114 08/16/2023 EFT 017752 HATTRIX INC. 72.00
336115 08/16/2023 EFT 001172 JORDAN, RICHARD 200.00
336116 08/16/2023 EFT 002809 HIGH DESERT HOMELESS SERV 84,057.99
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 3User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
336117 08/16/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 258.47 336118 08/16/2023 EFT 014969 LOS ANGELES TRUCK, LLC 315.03 336119 08/16/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,598.04 336120 08/16/2023 EFT 001282 INLAND KENWORTH, INC. 1,048.54 336121 08/16/2023 EFT 000094 KIMBALL MIDWEST 417.29
336122 08/16/2023 EFT 000226 LARRY WALKER ASSOCIATES, 5,654.25 336123 08/16/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 71.21 336124 08/16/2023 EFT 020477 LIFE-ASSIST, INC. 199.60
336125 08/16/2023 EFT 022565 MIDWEST TAPE, LLC 1,755.09 336126 08/16/2023 EFT 019967 MOJAVE AUTO COLLISION 13,395.93 336127 08/16/2023 EFT 025693 MONTANO, JESUS 180.00
336128 08/16/2023 EFT 005602 MONTGOMERY HARDWARE CO. 11,667.19 336129 08/16/2023 EFT 016352 MONTGOMERY, ROGER 175.00
336130 08/16/2023 EFT 003523 ODYSSEY POWER CORPORATION 1,115.56 336131 08/16/2023 EFT 019735 PACIFIC UTILITY INSTALLAT 652,892.27 336132 08/16/2023 EFT 001789 PARKHOUSE TIRE, INC. 167.42 336133 08/16/2023 EFT 022232 PERMA-BOUND BOOKS 605.92
336134 08/16/2023 EFT 013165 PETE'S ROAD SERVICE 923.05 336135 08/16/2023 EFT 011299 PFT/ALEXANDER SERVICE, IN 1,346.72 336136 08/16/2023 EFT 021791 PRESTON, JOHN J. 2,590.00
336137 08/16/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,862.88 336138 08/16/2023 EFT 016281 REA'S AUTOMOTIVE INC. 4,475.46 336139 08/16/2023 EFT 024930 REFRIGERATION SUPPLIES DI 1,441.90 336140 08/16/2023 EFT 020842 ALL PURPOSE FIRE EXT. COR 324.71 336141 08/16/2023 EFT 015670 SCORPION FIRE PROTECTION, 19,302.88 336142 08/16/2023 EFT 014499 SOUTHERN CALIFORNIA FLEET 1,080.00 336143 08/16/2023 EFT 021434 SOUTH COAST, LLC 601.80
336144 08/16/2023 EFT 005712 SOUTHERN COUNTIES OIL CO. 30,135.68 336145 08/16/2023 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 336146 08/16/2023 EFT 017269 TOWN & COUNTRY TIRE INC 250.00 336147 08/16/2023 EFT 014536 UNITED SITE SERVICES OF C 431.25 336148 08/16/2023 EFT 000095 UNIVAR SOLUTIONS USA INC. 21,158.86 336149 08/16/2023 EFT 015079 VERIZON WIRELESS SERVICES 23,966.41 336150 08/16/2023 EFT 016760 VERN'S GLASS COMPANY LLC 458.75 336151 08/16/2023 EFT 002505 VICTORVILLE DISPOSAL, INC 1,152,838.91 336152 08/16/2023 EFT 013434 VICTORVILLE GLASS CO., IN 518.01 336153 08/16/2023 EFT 002862 V.V. TOW, INC. 43.00
336154 08/16/2023 EFT 002554 WAXIE SANITARY SUPPLY 3,173.89 336155 08/16/2023 EFT 005698 WEST COAST ARBORISTS INC. 4,346.10 336156 08/16/2023 EFT 021844 WILLDAN FINANCIAL SERVICE 5,522.88 336157 08/16/2023 EFT 018845 Z GLOBAL INC. 170,765.50
791574 08/09/2023 PRINTED 016218 2 HOT UNIFORMS INC 712.65 791575 08/09/2023 PRINTED 999973 ABUKAMLEH, HISHAM 185.00 791576 08/09/2023 PRINTED 999973 ALPHA OMEGA SEPTIC SERVIC 7,547.26 791577 08/09/2023 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 887.00 791578 08/09/2023 PRINTED 022097 AMAZON CAPITAL SERVICES, 322.08 791579 08/09/2023 PRINTED 017680 AUTOZONE, INC. 630.73
791580 08/09/2023 PRINTED 017968 AVCOM SERVICES, INC. 339.00 791581 08/09/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 1,018.06 791582 08/09/2023 PRINTED 019571 MJ AUTO GLASS INC. 634.21 791583 08/09/2023 PRINTED 014495 BNSF RAILWAY CO. 7,305.00 791584 08/09/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 122.54
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 4User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
791585 08/09/2023 PRINTED 021605 CANNAVINA, WAYNE 90.00 791586 08/09/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 1,254.23 791587 08/09/2023 PRINTED 017750 CMC RESCUE INC. 8,263.07 791588 08/09/2023 PRINTED 022272 CORREC CTRYOGENICS INC.. 1,643.67 791589 08/09/2023 PRINTED 020975 CRISP ENTERPRISES, INC. 243.60 791590 08/09/2023 PRINTED 022359 DYNAMIC COLLABORATIVE 3,575.16 791591 08/09/2023 PRINTED 999979 GONZALEZ, GLORIA 120.00 791592 08/09/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,829.90 791593 08/09/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 1,052.09 791594 08/09/2023 PRINTED 022321 GEMELLI EMPLOYMENT LAW 10,045.00 791595 08/09/2023 PRINTED 022389 GOLIGHT, INC. 139.62
791596 08/09/2023 PRINTED 007552 GROOVELABS LLC 11,508.00 791597 08/09/2023 PRINTED 011740 GUZMAN, HECTOR 48.48
791598 08/09/2023 PRINTED 999980 HERRERA, JUAN CARLOS 1,085.75 791599 08/09/2023 PRINTED 999980 HUNTER, STEPHEN 151.08 791600 08/09/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 151.91 791601 08/09/2023 PRINTED 011942 IEDC 660.00
791602 08/09/2023 PRINTED 022221 COVE PRODUCTS LLC 30,500.40 791603 08/09/2023 PRINTED 010135 KAT EQUIPMENT LEASING INC 1,452.00 791604 08/09/2023 PRINTED 021689 THINKNETIC MEDICAL CORPOR 610.00 791605 08/09/2023 PRINTED 004807 KONE, INC. 350.00
791606 08/09/2023 PRINTED 022774 LIEBERT CASSIDY WHITMORE 3,000.00 791607 08/09/2023 PRINTED 021951 LM RASMUSSEN CONSTRUCTION 9,331.85 791608 08/09/2023 PRINTED 004292 LU'S LIGHTHOUSE 522.15 791609 08/09/2023 PRINTED 015238 MC AVOY & MARKHAM ENG'R & 1,726.95 791610 08/09/2023 PRINTED 019631 MERCED, STEVEN J. 152.25 791611 08/09/2023 PRINTED 027847 MOJAVE DESERT & MTN. WAST 26,921.00 791612 08/09/2023 PRINTED 001648 NAPA AUTO PARTS 2,665.91 791613 08/09/2023 PRINTED 017688 OCLC, INC. 1,890.80
791614 08/09/2023 PRINTED 005599 PORTER, TOM 225.00
791615 08/09/2023 PRINTED 016371 RAMIREZ, LAZARO 450.00 791616 08/09/2023 PRINTED 003150 ROBERTSON'S 2,721.54
791617 08/09/2023 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 114.69 791618 08/09/2023 PRINTED 022066 SAFEWARE, INC. 1,723.36 791619 08/09/2023 PRINTED 018884 FIRST STREET PARENT, INC. 342.40 791620 08/09/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 201,873.98 791621 08/09/2023 PRINTED 014412 SOUTHWEST PIPELINE & TREN 66,096.32 791622 08/09/2023 PRINTED 022280 STANLEY, KEVIN 300.00
791623 08/09/2023 PRINTED 002269 SUNLAND FORD 7,474.70
791624 08/09/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 51,822.62 791625 08/09/2023 PRINTED 018330 TAIT ENVIRONMENTAL SERVIC 769.50 791626 08/09/2023 PRINTED 018780 TEAMCALIFORNIA ECONOMIC D 10,000.00 791627 08/09/2023 PRINTED 015840 ULTIMATE TINT & WHEEL 350.00 791628 08/09/2023 PRINTED 006411 CITY OF VICTORVILLE 1.50 791629 08/09/2023 PRINTED 021414 CALAMP WIRELESS NETWORKS 462.50 791630 08/09/2023 PRINTED 004512 ALL GOLD PROPERTIES 35.53 791631 08/09/2023 PRINTED 021649 BEHRSE, ALAN 357.24
791632 08/09/2023 PRINTED 001693 BROWN, JULIE 42.94
791633 08/09/2023 PRINTED 022400 CHEN, LIU TING 99.02
791634 08/09/2023 PRINTED 022414 CHICAGO TITLE CO 166.47 791635 08/09/2023 PRINTED 021599 ELIZONDO, EDUARDO 36.93 791636 08/09/2023 PRINTED 022413 FIRST AMERICAN TITLE CO 64.17
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 5User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
791637 08/09/2023 PRINTED 021774 FULLMER CONSTRUCTION 557.58 791638 08/09/2023 PRINTED 022410 GALVAN, AMPARO 20.75
791639 08/09/2023 PRINTED 002091 KEBBEDE FAMILY TRUST 43.86 791640 08/09/2023 PRINTED 022411 KHACHTZYAN, GEVORG 28.70 791641 08/09/2023 PRINTED 022397 KINNEY, BRIAN 21.93
791642 08/09/2023 PRINTED 022396 LEGASPI, ROLAND B 120.00 791643 08/09/2023 PRINTED 019724 LGI HOMES 71.92
791644 08/09/2023 PRINTED 019724 LGI HOMES 72.03
791645 08/09/2023 PRINTED 019724 LGI HOMES 303.83
791646 08/09/2023 PRINTED 022405 LOPEZ, LINZI 11.85
791647 08/09/2023 PRINTED 022402 MILBES, ANAS 17.03
791648 08/09/2023 PRINTED 022404 ORDONEZ, MARIA 73.69
791649 08/09/2023 PRINTED 022401 PARKER, KORY 10.93
791650 08/09/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 77.09 791651 08/09/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 81.17 791652 08/09/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 77.09 791653 08/09/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 79.87 791654 08/09/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 80.89 791655 08/09/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 81.04 791656 08/09/2023 PRINTED 022418 SANDOVAL, REFUGIO 200.00 791657 08/09/2023 PRINTED 022412 SINGH, HARPREET 25.00
791658 08/09/2023 PRINTED 022409 STEWART, ARLENE 10.41
791659 08/09/2023 PRINTED 022398 THOMAS HUNTER WASHINGTON 77.28 791660 08/09/2023 PRINTED 022416 TITLE FORWARD OF CALIFORN 92.56 791661 08/09/2023 PRINTED 022408 TOYAMA, SONIA 54.43
791662 08/09/2023 PRINTED 011063 TRAN, VIET 98.83
791663 08/09/2023 PRINTED 019426 USA NATIONAL TITLE CO INC 68.74 791664 08/09/2023 PRINTED 022399 VCB INVESTMENTS LLC 120.00 791665 08/09/2023 PRINTED 022407 VILLANUEVA , FEDERICO EDU 49.34 791666 08/09/2023 PRINTED 022417 WARD, MARK C 204.06
791667 08/09/2023 PRINTED 022415 WEDGEWOOD LLC 43.86
791668 08/09/2023 PRINTED 022406 WIMBERLY, BAYONE L 49.67 791669 08/09/2023 PRINTED 022395 ZAVALA, KARINA V 63.44 791670 08/16/2023 PRINTED 019809 STREAMS IN THE DESERT FOU 9,017.48 791671 08/16/2023 PRINTED 019809 STREAMS IN THE DESERT FOU 5,689.06 791672 08/16/2023 PRINTED 019828 HIGH DESERT SECOND CHANCE 80,268.49 791673 08/16/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 266,982.45 791674 08/16/2023 PRINTED 016361 VICTOR VALLEY FAMILY RESO 8,091.00 791675 08/16/2023 PRINTED 999973 AGUILAR, ERIKA 28.00
791676 08/16/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 3,957.72 791677 08/16/2023 PRINTED 022097 AMAZON CAPITAL SERVICES, 247.30 791678 08/16/2023 PRINTED 020042 ANGEL ROCK AND SAND 212.06 791679 08/16/2023 PRINTED 025233 AQUA SOURCE, INC. 2,740.50 791680 08/16/2023 PRINTED 017968 AVCOM SERVICES, INC. 425.00 791681 08/16/2023 PRINTED 999974 BOYD, JULIA 216.43
791682 08/16/2023 PRINTED 000309 BEST BUY CO., INC. 2,150.85 791683 08/16/2023 PRINTED 025490 CALIFORNIA BUILDING STAND 2,693.70 791684 08/16/2023 PRINTED 025490 CALIFORNIA BUILDING STAND 4,289.73 791685 08/16/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 146.26 791686 08/16/2023 PRINTED 000618 CDW GOVERNMENT, INC. 13,007.33 791687 08/16/2023 PRINTED 017750 CMC RESCUE INC. 992.30 791688 08/16/2023 PRINTED 011397 CRESTLINE SPECIALTIES, IN 2,280.26
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 6User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
791689 08/16/2023 PRINTED 006348 DAILY JOURNAL CORPORATION 282.90 791690 08/16/2023 PRINTED 021690 DANNY C. HUBBS CONSTRUCT 10,025.35 791691 08/16/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 40.00 791692 08/16/2023 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 338.09 791693 08/16/2023 PRINTED 012508 ENVIRONMENTAL SYSTEMS RES 117,937.26 791694 08/16/2023 PRINTED 014122 EUROFINS EATON ANALYTICAL 2,110.00 791695 08/16/2023 PRINTED 017560 FERGUSON HVAC 28.28
791696 08/16/2023 PRINTED 020466 FIREWORKS & STAGE FX AMER 1,500.00 791697 08/16/2023 PRINTED 021681 FOSTER & FOSTER CONSULTIN 34,000.00 791698 08/16/2023 PRINTED 001074 GRAHAM EQUIPMENT 417.60 791699 08/16/2023 PRINTED 999980 HERNANDEZ, RAUL 7,639.00 791700 08/16/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 182.13 791701 08/16/2023 PRINTED 004021 HIGH DESERT LASER GRAPHIC 239.25 791702 08/16/2023 PRINTED 016329 JANSSON, ELYSE 159.21
791703 08/16/2023 PRINTED 020667 CONDON, JOSEPH 1,491.18 791704 08/16/2023 PRINTED 022048 CJAM LLC 55.00
791705 08/16/2023 PRINTED 022361 ANALYTICAL DESIGN SOLUTIO 1,862.00 791706 08/16/2023 PRINTED 999984 LUNA, ANTHONY 216.43
791707 08/16/2023 PRINTED 999984 LANDRUM, RODNEY JR 90.00 791708 08/16/2023 PRINTED 999984 LIVINGSTON, LATWANAE 25.00 791709 08/16/2023 PRINTED 017054 LOOPNET, INC. 652.00
791710 08/16/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 125.00 791711 08/16/2023 PRINTED 020751 MCPHERSON, MALLORY 51.08 791712 08/16/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 312.00 791713 08/16/2023 PRINTED 027847 MOJAVE DESERT & MTN. WAST 85,507.95 791714 08/16/2023 PRINTED 016208 MOTOROLA SOLUTIONS, INC 4,244.06 791715 08/16/2023 PRINTED 022353 MUNIZ, EFRAIN 750.00
791716 08/16/2023 PRINTED 001637 MYERS TIRE SUPPLY 235.14 791717 08/16/2023 PRINTED 001648 NAPA AUTO PARTS 5,613.51 791718 08/16/2023 PRINTED 999987 OPARA, CATHERINE 84.00 791719 08/16/2023 PRINTED 999988 PARGA, THOMEE 120.00
791720 08/16/2023 PRINTED 999988 PHILLIPS, BRITTNEE 120.00 791721 08/16/2023 PRINTED 029322 PEACEKEEPER PRODUCTS, LLC 1,223.31 791722 08/16/2023 PRINTED 021906 PLAYAWAY PRODUCTS LLC 1,182.46 791723 08/16/2023 PRINTED 022183 HINRICHS, DARREN 118.04 791724 08/16/2023 PRINTED 021438 PROLOGIS SCLC INVESTMENTS 27,091.84 791725 08/16/2023 PRINTED 022394 QUENCH USA, INC. 29.20 791726 08/16/2023 PRINTED 009180 RIVERSIDE COUNTY SHERIFF' 234.00 791727 08/16/2023 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 81.46 791728 08/16/2023 PRINTED 020723 SCIURBA-LIBLIN, KAREN 500.00 791729 08/16/2023 PRINTED 002037 SAN BERNARDINO COUNTY 720.00 791730 08/16/2023 PRINTED 002037 SAN BERNARDINO COUNTY 347.36 791731 08/16/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 102,047.66 791732 08/16/2023 PRINTED 002611 SOUTHWEST VALVE & EQUIPME 7,905.95 791733 08/16/2023 PRINTED 011303 SPORTSENGINE, INC. 143.50 791734 08/16/2023 PRINTED 022280 STANLEY, KEVIN 100.00
791735 08/16/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 1,786.13 791736 08/16/2023 PRINTED 024609 STAPLES, INC. 68.24
791737 08/16/2023 PRINTED 004812 STERICYCLE INC. 4,208.68 791738 08/16/2023 PRINTED 002269 SUNLAND FORD 5.96
791739 08/16/2023 PRINTED 010177 TRUELINE CONSTRUCTION & S 320.00 791740 08/16/2023 PRINTED 015840 ULTIMATE TINT & WHEEL 850.00
CITY OF VICTORVILLE
Report generated: 08/16/2023 14:48 Page 7User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
791741 08/16/2023 PRINTED 020635 URENA, JENNIFER 103.29 791742 08/16/2023 PRINTED 022250 UTILITY CRANE AND EQUIPME 7,065.51 791743 08/16/2023 PRINTED 999994 VEIMAU, SOPHIA 120.00
791744 08/16/2023 PRINTED 020762 OREMOR OF VICTORVILLE, LL 609.00 791745 08/16/2023 PRINTED 014948 WESCO DISTRIBUTION, INC. 889.79 791746 08/16/2023 PRINTED 008308 GAMETIME 14,485.01
791747 08/16/2023 PRINTED 022432 13875 SL SQUARED LLC 14.44 791748 08/16/2023 PRINTED 022438 202303WY-05, LLC 65.12 791749 08/16/2023 PRINTED 022448 ACOSTA, GERALD 30.93
791750 08/16/2023 PRINTED 022419 AG VICTORVILLE OWNERS, LL 12.24 791751 08/16/2023 PRINTED 022439 APPLETREE PROPERTIES LLC 26.21 791752 08/16/2023 PRINTED 022437 ARIZONA PIPELINE COMPANY 629.40 791753 08/16/2023 PRINTED 022356 BRINGIER, JEREMY V 54.00 791754 08/16/2023 PRINTED 022443 D.C. HUBBS CONSTRUCTION 689.88 791755 08/16/2023 PRINTED 022428 EL TIO PEPE MEXICAN REST 12.16 791756 08/16/2023 PRINTED 022180 FIDELITY NATIONAL TITLE C 50.76 791757 08/16/2023 PRINTED 022436 GREEN, KENNETH 48.51
791758 08/16/2023 PRINTED 022449 GUARDIAN ASSET MANAGEMENT 195.63 791759 08/16/2023 PRINTED 021616 HAMILTON LANDON REAL ESTA 81.92 791760 08/16/2023 PRINTED 022445 HERMAN WEISSKER INC 689.88 791761 08/16/2023 PRINTED 022434 KIM, CONWAY 120.00
791762 08/16/2023 PRINTED 010598 LEE, SOOK 175.85
791763 08/16/2023 PRINTED 020644 LEGACY REMEDIATION INC 515.56 791764 08/16/2023 PRINTED 007173 METCALFE, JAMES W 17.39 791765 08/16/2023 PRINTED 022433 MIGUEL FAMILY 1993 TRUST 15.36 791766 08/16/2023 PRINTED 022440 MORALES, MARIBEL 42.11 791767 08/16/2023 PRINTED 022126 NAVEJAS, BRAIAN 15.64
791768 08/16/2023 PRINTED 022453 NECOCHEA, RANDA 1,029.70 791769 08/16/2023 PRINTED 022450 ORANGE COAST TITLE CO 57.00 791770 08/16/2023 PRINTED 022451 ORANGE COAST TITLE CO 317.73 791771 08/16/2023 PRINTED 022435 PENG, ZUN 40.10
791772 08/16/2023 PRINTED 011438 PRIETO, ANNETTE L 82.62 791773 08/16/2023 PRINTED 022442 QUEZADA, GUSTAVO 10.93 791774 08/16/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 80.94 791775 08/16/2023 PRINTED 022452 SECRETARY OF HOUSING AND 110.00 791776 08/16/2023 PRINTED 022444 SP ASSETS LLC 10.93
791777 08/16/2023 PRINTED 015733 SPSSM INVESTMENTS IX LP 10.98 791778 08/16/2023 PRINTED 022429 V V TOWN CENTER 11.52
791779 08/16/2023 PRINTED 007494 VICTOR VALLEY MEMORIAL PA 20.24 791780 08/16/2023 PRINTED 021510 VICTOR VALLEY SHOPPING CE 42.64 791781 08/16/2023 PRINTED 022431 WILMINGTON VICTORVILLE LL 21.00 353 CHECKS CASH ACCOUNT TOTAL 5,129,570.84 .00
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Sophie Smith, Deputy City Manager/City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1A for Payroll Period June 23, 2023, through July 07, 2023, in the amount of $2,172,070.99 covering Check Nos. 33275, 33504 and 33543 through 33579, including Vendor checks.
Please note employee Check No. 33549 has a live Check and an EFT Advice. Also included are Advice Nos. 302506 through 303021, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
Fiscal Impact:
A total fiscal impact of $2,172,070.99 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 070723
Attachment A
Payroll Report PPE 070723
City of Victorville Council Payroll Report Page 1 of 14 07/20/2023 Total Net
($718.37)
($507.51)
$3,171.99
$1,494.20
$507.51
3466 $718.37
$718.37
$674.28
$1,426.05
$1,362.10
$2,529.47
$1,149.56
$1,149.56
$2,304.94
$2,060.57
$355.32
$213.96
$135.21
$212.60
$311.39
$377.07
$452.06
$4,190.13
$981.36
$850.63
$874.04
$961.59
$212.14
$318.22
$2,539.85
$2,022.03
$2,006.83
$5.00
$50.00
$100.00
$500.00
$422.31
$175.00
$423.00
36,730.83Checks Total
33578 18154 07/14/2023
33579 20821 07/14/2023
33576 7912 07/14/2023
33577 13491 07/14/2023
33574 787 07/14/2023
33575 1182 07/14/2023
33572 3800 07/14/2023
33573 240 07/14/2023
33570 3799 07/14/2023
33571 3805 07/14/2023
33568 3776 07/14/2023
33569 3777 07/14/2023
33566 3677 07/14/2023
33567 3782 07/14/2023
33564 3680 07/14/2023
33565 3783 07/14/2023
33562 3766 07/14/2023
33563 3789 07/14/2023
33560 3774 07/14/2023
33561 3664 07/14/2023
33558 3773 07/14/2023
33559 3778 07/14/2023
33556 3769 07/14/2023
33557 3765 07/14/2023
33554 3804 07/14/2023
33555 3803 07/14/2023
33552 3792 07/14/2023
33553 3795 07/14/2023
33550 2259 07/14/2023
33551 3802 07/14/2023
33548 3551 07/14/2023
33549 2705 07/14/2023
33544 3797 07/05/2023
33547 3466 07/14/2023
33546
33545 3551 07/06/2023
07/07/2023
Check Number Employee ID Check Date
33543 3684 07/05/2023
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: June 23, 2023 through July 07, 2023 33504 3551 06/30/2023
33275 3466 07/07/2023
City of Victorville Council Payroll Report Page 2 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
33549 2705 07/14/2023 $2,000.00
302506 3608 07/14/2023 $2,974.05
302507 1099 07/14/2023 $846.20
302508 3758 07/14/2023 $3,265.60
302509 3243 07/14/2023 $3,898.62
302510 2115 07/14/2023 $5,427.38
302511 3142 07/14/2023 $1,734.54
302512 3640 07/14/2023 $2,001.82
302513 3297 07/14/2023 $754.67
302514 3458 07/14/2023 $545.04
302515 3229 07/14/2023 $4,383.95
302516 3283 07/14/2023 $2,478.76
302517 1064 07/14/2023 $7,213.80
302518 3467 07/14/2023 $2,037.99
302519 3727 07/14/2023 $2,041.98
302520 1706 07/14/2023 $4,509.74
302521 2395 07/14/2023 $3,584.17
302522 3764 07/14/2023 $2,374.92
302523 3700 07/14/2023 $1,836.46
302524 3747 07/14/2023 $1,827.90
302525 3625 07/14/2023 $1,467.94
302526 3684 07/14/2023 $117.22
302527 2624 07/14/2023 $2,924.19
302528 3043 07/14/2023 $2,293.03
302529 3031 07/14/2023 $2,819.56
302530 1748 07/14/2023 $2,636.43
302531 3019 07/14/2023 $4,548.82
302532 3638 07/14/2023 $3,674.38
302533 3561 07/14/2023 $2,464.47
302534 1903 07/14/2023 $769.20
302535 3616 07/14/2023 $2,287.62
302536 3630 07/14/2023 $1,837.95
302537 3527 07/14/2023 $2,974.16
302538 2682 07/14/2023 $2,219.59
302539 2627 07/14/2023 $2,012.68
302540 2366 07/14/2023 $1,829.02
302541 3750 07/14/2023 $1,981.61
302542 2594 07/14/2023 $3,015.00
302543 3521 07/14/2023 $2,378.35
302544 3695 07/14/2023 $2,004.33
302545 2093 07/14/2023 $1,670.57
302546 3697 07/14/2023 $4,910.02
302547 1973 07/14/2023 $3,018.05
302548 2019 07/14/2023 $2,527.84
302549 3753 07/14/2023 $2,280.68
302550 3494 07/14/2023 $2,871.16
302551 2102 07/14/2023 $2,995.67
Advices
City of Victorville Council Payroll Report Page 3 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302552 2233 07/14/2023 $3,032.42
302553 3744 07/14/2023 $1,840.06
302554 2606 07/14/2023 $3,550.15
302555 3660 07/14/2023 $1,845.15
302556 3046 07/14/2023 $2,435.89
302557 1635 07/14/2023 $4,054.22
302558 3653 07/14/2023 $2,509.33
302559 3327 07/14/2023 $2,103.09
302560 3752 07/14/2023 $1,940.54
302561 3624 07/14/2023 $2,087.70
302562 3242 07/14/2023 $2,797.15
302563 2618 07/14/2023 $1,970.63
302564 3573 07/14/2023 $1,706.06
302565 2619 07/14/2023 $2,379.89
302566 2603 07/14/2023 $1,802.75
302567 2491 07/14/2023 $2,489.89
302568 2235 07/14/2023 $2,827.32
302569 2300 07/14/2023 $3,385.08
302570 3754 07/14/2023 $2,403.87
302571 2032 07/14/2023 $3,374.66
302572 3528 07/14/2023 $2,222.23
302573 3045 07/14/2023 $2,670.25
302574 3499 07/14/2023 $2,224.27
302575 3755 07/14/2023 $1,916.96
302576 3362 07/14/2023 $2,053.46
302577 2297 07/14/2023 $2,872.28
302578 2232 07/14/2023 $4,103.44
302579 1957 07/14/2023 $7,491.69
302580 3290 07/14/2023 $3,350.13
302581 3085 07/14/2023 $2,027.31
302582 3246 07/14/2023 $5,329.58
302583 2042 07/14/2023 $7,968.79
302584 3714 07/14/2023 $1,644.54
302585 3742 07/14/2023 $1,695.09
302586 2323 07/14/2023 $3,199.39
302587 1767 07/14/2023 $2,674.55
302588 3508 07/14/2023 $2,220.39
302589 3740 07/14/2023 $679.04
302590 3682 07/14/2023 $3,220.20
302591 2225 07/14/2023 $4,090.15
302592 3544 07/14/2023 $1,734.11
302593 3221 07/14/2023 $2,916.23
302594 3627 07/14/2023 $2,224.92
302595 3757 07/14/2023 $3,322.43
302596 1533 07/14/2023 $2,450.05
302597 2833 07/14/2023 $2,205.00
302598 2211 07/14/2023 $10,509.69
302599 3497 07/14/2023 $1,872.70
302600 1426 07/14/2023 $1,261.58
302601 3105 07/14/2023 $1,789.43
City of Victorville Council Payroll Report Page 4 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302602 3703 07/14/2023 $2,089.99
302603 2254 07/14/2023 $7,381.76
302604 3618 07/14/2023 $2,079.00
302605 3482 07/14/2023 $1,781.79
302606 3724 07/14/2023 $1,149.56
302607 3354 07/14/2023 $3,862.20
302608 3011 07/14/2023 $1,796.65
302609 3623 07/14/2023 $1,087.23
302610 3295 07/14/2023 $1,886.14
302611 3184 07/14/2023 $3,252.38
302612 3400 07/14/2023 $2,512.51
302613 3547 07/14/2023 $1,215.76
302614 3673 07/14/2023 $1,281.97
302615 3288 07/14/2023 $1,665.20
302616 3702 07/14/2023 $1,883.78
302617 2742 07/14/2023 $2,800.79
302618 3089 07/14/2023 $2,670.36
302619 3641 07/14/2023 $1,682.73
302620 2379 07/14/2023 $7,600.79
302621 3672 07/14/2023 $1,149.56
302622 3634 07/14/2023 $2,875.34
302623 2711 07/14/2023 $1,694.11
302624 3639 07/14/2023 $1,807.32
302625 3586 07/14/2023 $1,825.47
302626 3190 07/14/2023 $2,949.93
302627 2249 07/14/2023 $5,191.21
302628 3650 07/14/2023 $1,605.83
302629 3393 07/14/2023 $1,761.56
302630 3250 07/14/2023 $1,688.85
302631 3491 07/14/2023 $1,195.05
302632 3548 07/14/2023 $1,281.97
302633 3511 07/14/2023 $2,220.49
302634 3396 07/14/2023 $2,015.81
302635 3663 07/14/2023 $1,848.43
302636 3541 07/14/2023 $5,094.26
302637 2499 07/14/2023 $3,481.51
302638 3379 07/14/2023 $3,804.55
302639 3694 07/14/2023 $2,584.16
302640 3737 07/14/2023 $2,275.84
302641 2105 07/14/2023 $4,847.07
302642 3474 07/14/2023 $3,907.34
302643 2515 07/14/2023 $2,838.26
302644 3636 07/14/2023 $2,356.76
302645 2679 07/14/2023 $5,469.78
302646 3490 07/14/2023 $2,556.88
302647 3475 07/14/2023 $4,423.28
302648 2181 07/14/2023 $3,276.17
302649 3353 07/14/2023 $3,526.69
302650 3735 07/14/2023 $3,531.16
302651 3542 07/14/2023 $4,378.76
City of Victorville Council Payroll Report Page 5 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302652 3731 07/14/2023 $3,914.46
302653 1955 07/14/2023 $2,966.40
302654 1632 07/14/2023 $2,132.78
302655 3736 07/14/2023 $2,621.59
302656 3692 07/14/2023 $2,341.79
302657 3147 07/14/2023 $4,395.96
302658 3732 07/14/2023 $4,071.76
302659 3148 07/14/2023 $2,972.44
302660 3195 07/14/2023 $2,565.94
302661 3602 07/14/2023 $3,300.05
302662 3112 07/14/2023 $2,102.23
302663 1970 07/14/2023 $5,237.41
302664 1520 07/14/2023 $2,095.71
302665 2605 07/14/2023 $2,365.34
302666 3505 07/14/2023 $4,707.04
302667 2540 07/14/2023 $3,376.47
302668 2377 07/14/2023 $2,597.71
302669 1079 07/14/2023 $2,583.06
302670 2312 07/14/2023 $2,555.47
302671 3510 07/14/2023 $2,399.61
302672 3637 07/14/2023 $2,733.60
302673 1901 07/14/2023 $6,455.97
302674 3628 07/14/2023 $2,245.73
302675 3068 07/14/2023 $2,060.55
302676 3633 07/14/2023 $2,519.29
302677 3129 07/14/2023 $3,445.20
302678 1998 07/14/2023 $2,860.12
302679 2376 07/14/2023 $4,184.28
302680 2111 07/14/2023 $3,355.81
302681 3543 07/14/2023 $1,957.77
302682 3303 07/14/2023 $3,602.93
302683 3558 07/14/2023 $2,765.24
302684 1655 07/14/2023 $2,957.33
302685 3285 07/14/2023 $2,600.39
302686 1529 07/14/2023 $1,914.23
302687 3346 07/14/2023 $2,103.39
302688 1776 07/14/2023 $3,148.20
302689 3192 07/14/2023 $2,124.87
302690 2655 07/14/2023 $1,518.62
302691 3749 07/14/2023 $1,804.72
302692 2798 07/14/2023 $2,444.88
302693 2522 07/14/2023 $1,785.74
302694 3265 07/14/2023 $2,078.37
302695 1503 07/14/2023 $3,084.90
302696 2505 07/14/2023 $3,036.52
302697 3299 07/14/2023 $2,594.05
302698 3113 07/14/2023 $1,932.11
302699 1007 07/14/2023 $3,045.32
302700 3185 07/14/2023 $2,328.38
302701 3729 07/14/2023 $1,557.75
City of Victorville Council Payroll Report Page 6 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302702 2343 07/14/2023 $2,007.03
302703 3273 07/14/2023 $2,752.51
302704 3121 07/14/2023 $1,858.37
302705 1497 07/14/2023 $2,553.07
302706 3537 07/14/2023 $2,815.10
302707 2192 07/14/2023 $1,991.93
302708 3513 07/14/2023 $2,139.99
302709 3685 07/14/2023 $1,624.14
302710 2034 07/14/2023 $2,343.41
302711 2275 07/14/2023 $2,798.57
302712 3380 07/14/2023 $2,403.31
302713 3191 07/14/2023 $2,670.04
302714 3496 07/14/2023 $924.67
302715 3051 07/14/2023 $2,887.05
302716 1750 07/14/2023 $2,289.13
302717 2770 07/14/2023 $1,893.60
302718 2228 07/14/2023 $2,287.44
302719 3726 07/14/2023 $1,216.76
302720 3748 07/14/2023 $2,292.51
302721 3101 07/14/2023 $2,650.49
302722 3335 07/14/2023 $2,135.08
302723 3611 07/14/2023 $1,370.74
302724 1249 07/14/2023 $2,025.35
302725 3284 07/14/2023 $2,542.73
302726 3580 07/14/2023 $1,660.71
302727 3621 07/14/2023 $1,654.08
302728 3270 07/14/2023 $1,795.61
302729 2248 07/14/2023 $1,968.07
302730 3263 07/14/2023 $1,739.79
302731 3622 07/14/2023 $1,083.80
302732 1588 07/14/2023 $2,155.17
302733 3788 07/14/2023 $1,927.17
302734 2189 07/14/2023 $10,167.89
302735 3560 07/14/2023 $2,007.24
302736 3509 07/14/2023 $2,121.97
302737 3226 07/14/2023 $1,677.68
302738 3257 07/14/2023 $1,922.98
302739 1121 07/14/2023 $3,302.14
302740 3149 07/14/2023 $2,339.98
302741 1865 07/14/2023 $2,075.37
302742 3479 07/14/2023 $1,631.87
302743 3689 07/14/2023 $1,348.06
302744 1723 07/14/2023 $1,755.35
302745 3296 07/14/2023 $2,232.58
302746 3791 07/14/2023 $1,281.97
302747 3707 07/14/2023 $1,773.71
302748 3572 07/14/2023 $1,249.32
302749 2531 07/14/2023 $3,390.73
302750 1513 07/14/2023 $1,959.92
302751 2118 07/14/2023 $1,034.41
City of Victorville Council Payroll Report Page 7 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302752 3387 07/14/2023 $1,161.40
302753 3330 07/14/2023 $1,694.04
302754 2681 07/14/2023 $3,638.88
302755 2119 07/14/2023 $1,867.03
302756 1612 07/14/2023 $1,714.52
302757 1282 07/14/2023 $2,312.55
302758 3610 07/14/2023 $1,666.03
302759 3277 07/14/2023 $1,874.25
302760 3287 07/14/2023 $1,891.71
302761 3037 07/14/2023 $1,808.81
302762 1449 07/14/2023 $3,166.84
302763 3481 07/14/2023 $1,880.54
302764 2677 07/14/2023 $13,782.06
302765 3688 07/14/2023 $1,149.56
302766 3341 07/14/2023 $2,152.14
302767 1137 07/14/2023 $1,896.96
302768 3793 07/14/2023 $1,149.56
302769 2383 07/14/2023 $2,020.04
302770 3687 07/14/2023 $1,149.56
302771 3130 07/14/2023 $1,862.33
302772 2489 07/14/2023 $1,684.72
302773 3733 07/14/2023 $1,541.20
302774 3361 07/14/2023 $1,941.51
302775 3139 07/14/2023 $1,540.25
302776 2696 07/14/2023 $1,701.61
302777 1287 07/14/2023 $2,870.63
302778 3536 07/14/2023 $2,664.18
302779 3722 07/14/2023 $2,011.91
302780 1254 07/14/2023 $2,024.18
302781 3187 07/14/2023 $1,810.95
302782 2368 07/14/2023 $2,092.28
302783 3095 07/14/2023 $1,695.25
302784 3532 07/14/2023 $2,018.16
302785 3798 07/14/2023 $1,153.43
302786 3258 07/14/2023 $1,818.10
302787 3100 07/14/2023 $2,689.90
302788 3259 07/14/2023 $1,923.33
302789 3796 07/14/2023 $1,215.76
302790 3344 07/14/2023 $1,933.71
302791 1338 07/14/2023 $5,176.71
302792 3507 07/14/2023 $2,978.67
302793 2229 07/14/2023 $1,354.44
302794 3790 07/14/2023 $1,381.65
302795 1049 07/14/2023 $2,313.84
302796 1506 07/14/2023 $855.67
302797 1959 07/14/2023 $3,573.94
302798 3004 07/14/2023 $1,998.13
302799 1893 07/14/2023 $2,032.45
302800 3794 07/14/2023 $1,149.56
302801 3626 07/14/2023 $1,890.51
City of Victorville Council Payroll Report Page 8 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302802 1581 07/14/2023 $2,479.54
302803 1932 07/14/2023 $1,823.49
302804 3279 07/14/2023 $2,443.84
302805 3725 07/14/2023 $1,281.97
302806 2460 07/14/2023 $1,901.67
302807 3671 07/14/2023 $1,683.83
302808 2732 07/14/2023 $1,849.73
302809 3338 07/14/2023 $345.59
302810 2552 07/14/2023 $2,149.50
302811 2476 07/14/2023 $3,403.35
302812 2279 07/14/2023 $2,493.61
302813 3515 07/14/2023 $5,071.25
302814 3092 07/14/2023 $2,918.94
302815 3138 07/14/2023 $2,831.37
302816 3146 07/14/2023 $2,801.91
302817 2590 07/14/2023 $2,195.35
302818 2748 07/14/2023 $2,029.96
302819 3709 07/14/2023 $2,618.98
302820 2669 07/14/2023 $2,518.58
302821 2623 07/14/2023 $1,979.18
302822 2637 07/14/2023 $2,367.08
302823 2638 07/14/2023 $2,866.87
302824 3109 07/14/2023 $3,696.28
302825 2671 07/14/2023 $3,611.16
302826 2593 07/14/2023 $3,347.15
302827 3328 07/14/2023 $2,345.58
302828 3461 07/14/2023 $2,160.93
302829 2626 07/14/2023 $1,998.12
302830 3038 07/14/2023 $2,792.31
302831 3052 07/14/2023 $1,980.66
302832 2290 07/14/2023 $1,985.29
302833 3716 07/14/2023 $1,692.19
302834 3110 07/14/2023 $3,450.46
302835 2641 07/14/2023 $1,945.38
302836 2612 07/14/2023 $2,817.56
302837 3698 07/14/2023 $1,352.21
302838 2642 07/14/2023 $2,497.31
302839 3705 07/14/2023 $2,039.38
302840 3331 07/14/2023 $1,983.52
302841 2674 07/14/2023 $3,119.56
302842 3231 07/14/2023 $2,409.72
302843 3228 07/14/2023 $2,409.50
302844 2628 07/14/2023 $3,060.53
302845 3301 07/14/2023 $1,681.42
302846 2630 07/14/2023 $3,042.88
302847 3182 07/14/2023 $3,167.91
302848 2599 07/14/2023 $2,139.58
302849 2683 07/14/2023 $2,127.10
302850 2753 07/14/2023 $2,736.03
302851 2610 07/14/2023 $3,407.41
City of Victorville Council Payroll Report Page 9 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302852 3323 07/14/2023 $3,288.92
302853 1389 07/14/2023 $2,925.73
302854 3238 07/14/2023 $4,461.13
302855 3264 07/14/2023 $1,958.65
302856 2808 07/14/2023 $2,842.86
302857 2646 07/14/2023 $2,163.21
302858 3617 07/14/2023 $3,224.69
302859 2600 07/14/2023 $2,513.97
302860 2524 07/14/2023 $2,651.72
302861 2686 07/14/2023 $1,972.01
302862 2193 07/14/2023 $2,209.07
302863 3322 07/14/2023 $2,196.95
302864 3629 07/14/2023 $2,490.89
302865 3230 07/14/2023 $3,806.47
302866 1931 07/14/2023 $2,992.49
302867 2038 07/14/2023 $1,965.86
302868 2339 07/14/2023 $2,228.77
302869 2678 07/14/2023 $4,919.09
302870 3240 07/14/2023 $2,624.56
302871 3743 07/14/2023 $1,766.41
302872 3215 07/14/2023 $2,516.40
302873 3140 07/14/2023 $1,991.82
302874 3035 07/14/2023 $2,153.12
302875 3651 07/14/2023 $2,150.61
302876 1853 07/14/2023 $2,858.35
302877 3645 07/14/2023 $684.89
302878 3503 07/14/2023 $3,411.95
302879 3676 07/14/2023 $231.95
302880 3579 07/14/2023 $812.62
302881 3384 07/14/2023 $1,107.88
302882 3386 07/14/2023 $1,925.75
302883 2488 07/14/2023 $853.38
302884 3120 07/14/2023 $1,050.46
302885 3502 07/14/2023 $2,210.16
302886 3768 07/14/2023 $229.90
302887 3477 07/14/2023 $988.80
302888 3784 07/14/2023 $908.22
302889 3582 07/14/2023 $1,061.32
302890 3252 07/14/2023 $2,627.47
302891 3780 07/14/2023 $311.39
302892 3070 07/14/2023 $2,235.22
302893 3657 07/14/2023 $824.04
302894 3767 07/14/2023 $328.69
302895 1866 07/14/2023 $2,239.55
302896 3371 07/14/2023 $1,125.83
302897 3674 07/14/2023 $718.44
302898 3772 07/14/2023 $440.23
302899 3717 07/14/2023 $293.30
302900 3655 07/14/2023 $655.30
302901 3656 07/14/2023 $561.04
City of Victorville Council Payroll Report Page 10 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302902 3787 07/14/2023 $908.42
302903 3575 07/14/2023 $1,527.22
302904 3775 07/14/2023 $418.60
302905 2478 07/14/2023 $954.50
302906 3648 07/14/2023 $530.78
302907 3779 07/14/2023 $421.10
302908 3667 07/14/2023 $250.38
302909 3471 07/14/2023 $1,081.24
302910 3531 07/14/2023 $4,029.68
302911 3665 07/14/2023 $508.52
302912 3587 07/14/2023 $933.63
302913 3669 07/14/2023 $372.55
302914 3029 07/14/2023 $1,587.12
302915 3326 07/14/2023 $3,162.26
302916 3658 07/14/2023 $961.39
302917 3609 07/14/2023 $713.32
302918 3770 07/14/2023 $617.89
302919 3492 07/14/2023 $417.14
302920 3691 07/14/2023 $611.04
302921 3678 07/14/2023 $556.07
302922 3576 07/14/2023 $1,228.33
302923 3647 07/14/2023 $817.12
302924 3566 07/14/2023 $676.92
302925 3368 07/14/2023 $1,826.46
302926 2006 07/14/2023 $3,169.19
302927 3761 07/14/2023 $2,824.34
302928 2684 07/14/2023 $1,595.07
302929 3079 07/14/2023 $1,875.27
302930 1966 07/14/2023 $2,173.37
302931 3388 07/14/2023 $1,978.41
302932 2355 07/14/2023 $2,724.24
302933 3696 07/14/2023 $2,392.56
302934 3500 07/14/2023 $2,502.97
302935 3620 07/14/2023 $1,838.40
302936 3654 07/14/2023 $1,595.63
302937 2039 07/14/2023 $1,880.18
302938 3281 07/14/2023 $1,627.05
302939 3550 07/14/2023 $3,163.91
302940 2629 07/14/2023 $2,070.46
302941 3348 07/14/2023 $2,314.33
302942 3107 07/14/2023 $2,146.40
302943 3081 07/14/2023 $2,479.40
302944 3523 07/14/2023 $4,803.27
302945 3271 07/14/2023 $2,065.46
302946 3017 07/14/2023 $4,682.14
302947 3706 07/14/2023 $1,526.21
302948 3512 07/14/2023 $2,372.15
302949 2027 07/14/2023 $1,973.29
302950 2330 07/14/2023 $2,871.53
302951 3632 07/14/2023 $1,630.85
City of Victorville Council Payroll Report Page 11 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
302952 2795 07/14/2023 $267.01
302953 3437 07/14/2023 $5,606.78
302954 3652 07/14/2023 $2,361.73
302955 3421 07/14/2023 $7,328.49
302956 3439 07/14/2023 $3,799.91
302957 3440 07/14/2023 $6,228.05
302958 3441 07/14/2023 $4,095.98
302959 3473 07/14/2023 $9,300.96
302960 3406 07/14/2023 $9,372.54
302961 3422 07/14/2023 $4,199.74
302962 3442 07/14/2023 $3,368.62
302963 3433 07/14/2023 $8,342.33
302964 3469 07/14/2023 $3,238.84
302965 3424 07/14/2023 $3,098.96
302966 3414 07/14/2023 $5,342.95
302967 3704 07/14/2023 $5,504.59
302968 3734 07/14/2023 $4,504.27
302969 3443 07/14/2023 $5,893.67
302970 3600 07/14/2023 $2,962.97
302971 3711 07/14/2023 $4,294.79
302972 3751 07/14/2023 $2,608.83
302973 3418 07/14/2023 $5,139.33
302974 3715 07/14/2023 $4,412.67
302975 3444 07/14/2023 $4,164.89
302976 3583 07/14/2023 $10,312.92
302977 3585 07/14/2023 $3,690.42
302978 3594 07/14/2023 $6,159.92
302979 1718 07/14/2023 $5,576.39
302980 3409 07/14/2023 $3,966.85
302981 3708 07/14/2023 $316.69
302982 3426 07/14/2023 $6,143.13
302983 3642 07/14/2023 $3,047.33
302984 3584 07/14/2023 $2,466.21
302985 3746 07/14/2023 $2,001.14
302986 3538 07/14/2023 $2,032.91
302987 3410 07/14/2023 $5,234.01
302988 3447 07/14/2023 $5,373.08
302989 3427 07/14/2023 $3,581.16
302990 3607 07/14/2023 $3,691.34
302991 3411 07/14/2023 $7,852.57
302992 3448 07/14/2023 $3,076.41
302993 3719 07/14/2023 $1,598.93
302994 3518 07/14/2023 $2,189.73
302995 3449 07/14/2023 $6,314.64
302996 3428 07/14/2023 $3,657.85
302997 3429 07/14/2023 $4,365.10
302998 3455 07/14/2023 $3,442.90
302999 3451 07/14/2023 $5,882.03
303000 3712 07/14/2023 $3,061.91
303001 3595 07/14/2023 $2,881.44
City of Victorville Council Payroll Report Page 12 of 14 07/20/2023 Check Number Employee ID Check Date Total Net
303002 3430 07/14/2023 $3,250.70
303003 3452 07/14/2023 $5,631.29
303004 3417 07/14/2023 $4,339.20
303005 3431 07/14/2023 $4,461.99
303006 3419 07/14/2023 $4,870.81
303007 3720 07/14/2023 $1,989.92
303008 3524 07/14/2023 $3,776.86
303009 3412 07/14/2023 $8,084.95
303010 3420 07/14/2023 $3,371.72
303011 3378 07/14/2023 $5,416.89
303012 3435 07/14/2023 $3,971.86
303013 3432 07/14/2023 $4,227.97
303014 3408 07/14/2023 $3,119.20
303015 3456 07/14/2023 $4,865.54
303016 3763 07/14/2023 $2,884.23
303017 3591 07/14/2023 $4,288.37
303018 3392 07/14/2023 $6,886.32
303019 2210 07/14/2023 $3,839.24
303020 3434 07/14/2023 $2,697.67
303021 3469 07/18/2023 $204.15
Advices Total 1,378,729.16
City of Victorville Council Payroll Report Page 13 of 14 07/20/2023 Total Gross
$286.34
$249,377.20
$134.81
$70,494.82
$4,041.59
$65,989.93
$10,050.00
$6,819.36
$274.26
$346,202.69
$2,940.00
Electronic Vendor Payments Total $756,611.00
VV Firefighter's Union 7/13/2023
Electronic Vendor Payments
IRS 7/14/2023
State Taxes 7/14/2023
Deferred Comp (457)
Deferred Comp (457)
7/17/2023
7/17/2023
Deferred Comp (457) 7/17/2023
Deferred Comp (401a) 7/17/2023
PERS
Vendor Check Date
IRS 7/6/2023
7/20/2023
State Taxes 7/6/2023
CASDU 7/25/2023
City of Victorville Council Payroll Report Page 14 of 14 07/20/2023 Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Sophie Smith, Deputy City Manager/City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1B for Payroll Period July 07, 2023, through July 21, 2023, in the amount of $2,046,260.18 covering Check Nos. 32815, 32849, 32885, 32921, 32966, 32995, 33037, 33045, 33064, 33280, 33281, 33570, 33580 through 33612, including Vendor checks. Please note employee Check No. 33586 has a live Check and an EFT Advice. Also included are Advice Nos. 303022 through 303555, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
Fiscal Impact:
A total fiscal impact of $2,046,260.18 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 072123
Attachment A
Payroll Report PPE 072123
City of Victorville Council Payroll Report Page 1 of 15 08/02/2023 Total Net
($14.79)
($576.53)
($1,104.93)
($1,189.59)
($970.15)
($394.78)
($663.95)
($333.74)
($85.47)
($136.57)
($273.15)
($2,539.85)
$6,721.35
$718.37
$364.20
$364.20
$364.20
$1,224.44
$1,494.83
$1,676.33
$143.18
$371.48
$595.60
$992.98
$638.24
$522.40
$1,083.58
$988.33
$456.62
$973.98
$642.00
$414.05
$479.83
($624.22)
$5.00
$50.00
$100.00
$500.00
$422.31
$175.00
$423.00
$136.57
33608 20821 07/28/2023
33609 3310 07/28/2023
33606 13491 07/28/2023
33607 18154 07/28/2023
33604 1182 07/28/2023
33605 7912 07/28/2023
33602 240 07/28/2023
33603 787 07/28/2023
33601 3807 07/28/2023
33599 3776 07/28/2023
33600 3777 07/28/2023
33597 3677 07/28/2023
33598 3782 07/28/2023
33595 3783 07/28/2023
33596 3775 07/28/2023
33593 3664 07/28/2023
33594 3680 07/28/2023
33591 3806 07/28/2023
33592 3774 07/28/2023
33589 3773 07/28/2023
33590 3778 07/28/2023
33587 3621 07/28/2023
33588 3765 07/28/2023
33585 3808 07/28/2023
33586 2705 07/28/2023
33583 3614 07/28/2023
33584 3556 07/28/2023
33581 3466 07/28/2023
33582 3310 07/28/2023
Check Number Employee ID Check Date
33580 3607 07/26/2023
Checks
Payroll Period Beginning: July 07, 2023 through July 21, 2023 City Council Payroll Report
City of Victorville
33570 3799 07/28/2023
33280 3310 07/28/2023
33281 3614 07/28/2023
33045 3658 07/28/2023
33064 3658 07/28/2023
32995 3658 07/28/2023
33037 3679 07/28/2023
32921 3658 07/28/2023
32966 3658 07/28/2023
32849 3658 07/28/2023
32885 3658 07/28/2023
32815 3658 07/28/2023
City of Victorville Council Payroll Report Page 2 of 15 08/02/2023 Total NetCheck Number Employee ID Check Date
$273.15
$663.95
$973.49
16,669.16Checks Total
33612 3807 07/28/2023
33610 3614 07/28/2023
33611 3679 07/28/2023
City of Victorville Council Payroll Report Page 3 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
33586 2705 07/28/2023 $2,000.00
303022 3682 07/21/2023 $5,786.52
303023 3608 07/28/2023 $3,019.03
303024 1099 07/28/2023 $846.20
303025 3758 07/28/2023 $3,310.52
303026 3243 07/28/2023 $3,947.82
303027 2115 07/28/2023 $5,494.31
303028 3142 07/28/2023 $1,761.64
303029 3640 07/28/2023 $1,930.96
303030 3297 07/28/2023 $754.67
303031 3551 07/28/2023 $674.28
303032 3458 07/28/2023 $545.04
303033 3229 07/28/2023 $4,453.63
303034 3283 07/28/2023 $2,516.35
303035 1064 07/28/2023 $7,329.54
303036 3467 07/28/2023 $2,067.42
303037 3727 07/28/2023 $2,069.17
303038 1706 07/28/2023 $4,579.60
303039 2395 07/28/2023 $3,645.44
303040 3764 07/28/2023 $2,402.99
303041 3700 07/28/2023 $1,859.82
303042 3747 07/28/2023 $1,930.62
303043 3625 07/28/2023 $1,496.30
303044 2624 07/28/2023 $2,516.52
303045 3043 07/28/2023 $2,207.75
303046 3031 07/28/2023 $2,860.27
303047 1748 07/28/2023 $2,674.67
303048 3019 07/28/2023 $4,604.63
303049 3638 07/28/2023 $3,732.46
303050 3561 07/28/2023 $2,501.81
303051 1903 07/28/2023 $1,703.01
303052 3616 07/28/2023 $2,317.08
303053 3630 07/28/2023 $1,865.64
303054 3527 07/28/2023 $2,107.76
303055 2682 07/28/2023 $2,259.57
303056 2627 07/28/2023 $2,017.73
303057 2366 07/28/2023 $1,859.62
303058 3750 07/28/2023 $2,008.12
303059 2594 07/28/2023 $3,061.41
303060 3521 07/28/2023 $2,412.09
303061 3695 07/28/2023 $2,027.86
303062 2093 07/28/2023 $1,696.80
303063 3697 07/28/2023 $4,986.66
303064 1973 07/28/2023 $3,073.21
303065 2019 07/28/2023 $2,570.18
303066 3753 07/28/2023 $2,314.28
303067 3494 07/28/2023 $2,914.57
Advices
City of Victorville Council Payroll Report Page 4 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303068 2102 07/28/2023 $3,038.70
303069 2233 07/28/2023 $3,061.51
303070 3744 07/28/2023 $1,873.04
303071 2606 07/28/2023 $2,313.53
303072 3660 07/28/2023 $1,687.52
303073 3046 07/28/2023 $2,092.62
303074 1635 07/28/2023 $4,107.09
303075 3653 07/28/2023 $2,366.46
303076 3327 07/28/2023 $2,131.55
303077 3752 07/28/2023 $1,988.52
303078 3624 07/28/2023 $2,121.09
303079 3242 07/28/2023 $2,697.64
303080 2618 07/28/2023 $1,996.75
303081 3573 07/28/2023 $1,731.74
303082 2619 07/28/2023 $2,409.21
303083 2603 07/28/2023 $1,829.14
303084 2491 07/28/2023 $2,524.84
303085 2235 07/28/2023 $2,871.51
303086 2300 07/28/2023 $3,450.48
303087 3754 07/28/2023 $2,435.14
303088 2032 07/28/2023 $3,426.01
303089 3528 07/28/2023 $2,157.73
303090 3045 07/28/2023 $3,003.64
303091 3499 07/28/2023 $3,351.69
303092 3755 07/28/2023 $1,946.11
303093 3362 07/28/2023 $2,088.07
303094 2297 07/28/2023 $2,231.51
303095 2232 07/28/2023 $3,086.12
303096 1957 07/28/2023 $2,633.22
303097 3290 07/28/2023 $2,164.77
303098 3085 07/28/2023 $2,058.65
303099 3246 07/28/2023 $3,199.13
303100 2042 07/28/2023 $4,243.87
303101 3714 07/28/2023 $1,815.31
303102 3742 07/28/2023 $1,721.36
303103 2323 07/28/2023 $3,542.52
303104 1767 07/28/2023 $2,818.52
303105 3508 07/28/2023 $2,250.25
303106 3740 07/28/2023 $1,801.62
303107 2225 07/28/2023 $4,148.62
303108 3544 07/28/2023 $1,761.68
303109 3221 07/28/2023 $2,791.63
303110 3627 07/28/2023 $2,271.23
303111 3757 07/28/2023 $3,376.25
303112 1533 07/28/2023 $2,490.02
303113 2833 07/28/2023 $2,233.01
303114 2211 07/28/2023 $5,029.87
303115 3497 07/28/2023 $1,493.64
303116 1426 07/28/2023 $1,110.30
303117 3105 07/28/2023 $1,812.32
City of Victorville Council Payroll Report Page 5 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303118 3703 07/28/2023 $2,040.52
303119 2254 07/28/2023 $3,019.38
303120 3618 07/28/2023 $2,107.13
303121 3482 07/28/2023 $1,751.82
303122 3724 07/28/2023 $1,032.65
303123 3354 07/28/2023 $3,797.83
303124 3011 07/28/2023 $1,738.86
303125 3623 07/28/2023 $476.68
303126 3295 07/28/2023 $1,960.68
303127 3184 07/28/2023 $3,297.45
303128 3400 07/28/2023 $2,516.48
303129 3547 07/28/2023 $1,165.06
303130 3673 07/28/2023 $1,165.06
303131 3288 07/28/2023 $1,687.44
303132 3702 07/28/2023 $1,911.28
303133 2742 07/28/2023 $2,840.24
303134 3089 07/28/2023 $2,831.01
303135 3641 07/28/2023 $1,707.78
303136 2379 07/28/2023 $2,355.61
303137 3672 07/28/2023 $1,165.06
303138 3634 07/28/2023 $2,535.64
303139 2711 07/28/2023 $1,723.87
303140 3639 07/28/2023 $1,660.53
303141 3586 07/28/2023 $1,850.62
303142 3190 07/28/2023 $2,990.12
303143 2249 07/28/2023 $5,260.69
303144 3650 07/28/2023 $1,636.14
303145 3393 07/28/2023 $1,788.07
303146 3250 07/28/2023 $1,709.28
303147 3491 07/28/2023 $1,144.34
303148 3548 07/28/2023 $1,165.06
303149 3511 07/28/2023 $2,671.35
303150 3396 07/28/2023 $2,042.98
303151 3663 07/28/2023 $1,827.80
303152 3541 07/28/2023 $2,624.50
303153 2499 07/28/2023 $3,534.93
303154 3379 07/28/2023 $2,324.66
303155 3694 07/28/2023 $2,460.39
303156 3737 07/28/2023 $2,097.10
303157 2105 07/28/2023 $4,912.96
303158 3474 07/28/2023 $2,455.94
303159 2515 07/28/2023 $3,567.63
303160 3636 07/28/2023 $2,386.72
303161 2679 07/28/2023 $2,712.38
303162 3490 07/28/2023 $2,250.79
303163 3475 07/28/2023 $2,820.59
303164 2181 07/28/2023 $2,957.15
303165 3353 07/28/2023 $2,932.65
303166 3735 07/28/2023 $3,577.60
303167 3542 07/28/2023 $3,289.05
City of Victorville Council Payroll Report Page 6 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303168 3731 07/28/2023 $2,418.80
303169 1955 07/28/2023 $3,212.08
303170 1632 07/28/2023 $2,161.27
303171 3736 07/28/2023 $2,607.18
303172 3692 07/28/2023 $2,376.58
303173 3147 07/28/2023 $2,844.28
303174 3732 07/28/2023 $2,497.04
303175 3148 07/28/2023 $3,013.46
303176 3195 07/28/2023 $2,052.14
303177 3602 07/28/2023 $2,695.14
303178 3112 07/28/2023 $1,991.86
303179 1970 07/28/2023 $2,269.38
303180 1520 07/28/2023 $2,496.49
303181 2605 07/28/2023 $2,161.90
303182 3505 07/28/2023 $4,774.54
303183 2540 07/28/2023 $3,422.87
303184 2377 07/28/2023 $2,627.35
303185 1079 07/28/2023 $2,623.44
303186 2259 07/28/2023 $3,981.83
303187 2312 07/28/2023 $2,470.52
303188 3510 07/28/2023 $2,408.27
303189 3637 07/28/2023 $2,771.17
303190 1901 07/28/2023 $6,087.52
303191 3628 07/28/2023 $2,115.96
303192 3068 07/28/2023 $2,093.45
303193 3633 07/28/2023 $2,555.75
303194 3129 07/28/2023 $3,497.84
303195 1998 07/28/2023 $2,906.51
303196 2376 07/28/2023 $4,245.59
303197 2111 07/28/2023 $3,647.06
303198 3543 07/28/2023 $1,985.14
303199 3303 07/28/2023 $3,785.45
303200 3802 07/28/2023 $2,694.29
303201 3558 07/28/2023 $2,711.14
303202 1655 07/28/2023 $3,247.64
303203 3285 07/28/2023 $3,070.49
303204 1529 07/28/2023 $1,946.06
303205 3346 07/28/2023 $2,130.21
303206 1776 07/28/2023 $3,200.54
303207 3192 07/28/2023 $2,152.69
303208 2655 07/28/2023 $1,546.31
303209 3749 07/28/2023 $1,804.08
303210 2798 07/28/2023 $2,190.56
303211 2522 07/28/2023 $2,519.99
303212 3265 07/28/2023 $2,105.19
303213 1503 07/28/2023 $3,132.46
303214 2505 07/28/2023 $3,075.01
303215 3299 07/28/2023 $1,804.11
303216 3113 07/28/2023 $1,960.20
303217 1007 07/28/2023 $3,110.70
City of Victorville Council Payroll Report Page 7 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303218 3185 07/28/2023 $2,358.28
303219 3729 07/28/2023 $1,586.22
303220 2343 07/28/2023 $1,342.11
303221 3273 07/28/2023 $2,485.02
303222 3121 07/28/2023 $1,883.84
303223 1497 07/28/2023 $2,593.02
303224 3537 07/28/2023 $3,127.29
303225 2192 07/28/2023 $2,019.62
303226 3513 07/28/2023 $2,166.31
303227 3685 07/28/2023 $1,646.37
303228 2034 07/28/2023 $2,515.04
303229 2275 07/28/2023 $2,841.96
303230 3380 07/28/2023 $2,439.74
303231 3191 07/28/2023 $2,188.69
303232 3792 07/28/2023 $996.60
303233 3496 07/28/2023 $946.93
303234 3051 07/28/2023 $2,081.02
303235 1750 07/28/2023 $2,324.47
303236 2770 07/28/2023 $1,916.43
303237 2228 07/28/2023 $2,327.40
303238 3726 07/28/2023 $1,233.07
303239 3748 07/28/2023 $2,206.28
303240 3101 07/28/2023 $2,687.62
303241 3335 07/28/2023 $2,163.54
303242 3611 07/28/2023 $1,253.83
303243 1249 07/28/2023 $2,054.48
303244 3284 07/28/2023 $2,461.35
303245 3580 07/28/2023 $1,682.96
303246 3270 07/28/2023 $1,817.09
303247 2248 07/28/2023 $1,993.18
303248 3263 07/28/2023 $1,761.26
303249 3622 07/28/2023 $1,099.30
303250 3795 07/28/2023 $1,271.13
303251 1588 07/28/2023 $2,184.32
303252 3788 07/28/2023 $1,948.48
303253 2189 07/28/2023 $2,710.10
303254 3560 07/28/2023 $1,775.68
303255 3509 07/28/2023 $2,145.54
303256 3226 07/28/2023 $2,012.63
303257 3257 07/28/2023 $1,949.35
303258 1121 07/28/2023 $2,666.06
303259 3149 07/28/2023 $2,371.09
303260 1865 07/28/2023 $2,101.86
303261 3479 07/28/2023 $1,879.74
303262 3689 07/28/2023 $1,225.76
303263 1723 07/28/2023 $1,784.88
303264 3296 07/28/2023 $2,276.13
303265 3791 07/28/2023 $1,165.06
303266 3707 07/28/2023 $1,802.48
303267 3572 07/28/2023 $1,267.52
City of Victorville Council Payroll Report Page 8 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303268 2531 07/28/2023 $2,978.20
303269 1513 07/28/2023 $2,485.38
303270 2118 07/28/2023 $1,064.18
303271 3387 07/28/2023 $1,176.91
303272 3330 07/28/2023 $1,716.25
303273 2681 07/28/2023 $3,682.39
303274 2119 07/28/2023 $1,892.14
303275 1612 07/28/2023 $1,739.74
303276 1282 07/28/2023 $2,341.18
303277 3610 07/28/2023 $1,688.27
303278 3277 07/28/2023 $1,904.24
303279 3287 07/28/2023 $1,917.87
303280 3037 07/28/2023 $1,844.65
303281 1449 07/28/2023 $3,339.24
303282 3481 07/28/2023 $1,717.48
303283 2677 07/28/2023 $5,147.43
303284 3688 07/28/2023 $1,165.06
303285 3341 07/28/2023 $2,246.71
303286 1137 07/28/2023 $1,893.10
303287 3793 07/28/2023 $1,165.06
303288 2383 07/28/2023 $2,046.53
303289 3687 07/28/2023 $1,165.06
303290 3130 07/28/2023 $2,049.65
303291 2489 07/28/2023 $1,710.42
303292 3733 07/28/2023 $1,565.84
303293 3361 07/28/2023 $1,964.45
303294 3139 07/28/2023 $1,567.99
303295 2696 07/28/2023 $1,732.08
303296 1287 07/28/2023 $3,008.75
303297 3536 07/28/2023 $2,703.87
303298 3722 07/28/2023 $2,060.57
303299 1254 07/28/2023 $2,050.68
303300 3187 07/28/2023 $1,851.45
303301 3804 07/28/2023 $2,464.44
303302 2368 07/28/2023 $2,131.74
303303 3095 07/28/2023 $1,728.58
303304 3532 07/28/2023 $1,943.35
303305 3798 07/28/2023 $1,165.06
303306 3258 07/28/2023 $1,840.97
303307 3100 07/28/2023 $2,726.88
303308 3259 07/28/2023 $1,436.07
303309 3796 07/28/2023 $1,165.06
303310 3344 07/28/2023 $1,957.09
303311 1338 07/28/2023 $3,782.96
303312 3507 07/28/2023 $2,207.22
303313 3790 07/28/2023 $1,247.64
303314 1049 07/28/2023 $2,342.47
303315 1506 07/28/2023 $572.54
303316 1959 07/28/2023 $3,248.05
303317 3004 07/28/2023 $2,025.92
City of Victorville Council Payroll Report Page 9 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303318 1893 07/28/2023 $2,048.48
303319 3794 07/28/2023 $1,165.06
303320 3626 07/28/2023 $1,914.51
303321 1581 07/28/2023 $2,517.34
303322 1932 07/28/2023 $1,853.96
303323 3279 07/28/2023 $2,440.15
303324 3725 07/28/2023 $916.30
303325 2460 07/28/2023 $1,932.75
303326 3671 07/28/2023 $1,707.17
303327 2732 07/28/2023 $1,874.85
303328 3338 07/28/2023 $1,458.16
303329 2552 07/28/2023 $2,119.12
303330 2476 07/28/2023 $3,977.81
303331 2279 07/28/2023 $2,596.08
303332 3515 07/28/2023 $5,135.75
303333 3092 07/28/2023 $2,546.40
303334 3138 07/28/2023 $2,755.13
303335 3146 07/28/2023 $3,574.52
303336 2590 07/28/2023 $2,233.25
303337 2748 07/28/2023 $2,055.79
303338 3709 07/28/2023 $2,653.98
303339 2669 07/28/2023 $3,178.04
303340 2623 07/28/2023 $2,003.87
303341 2637 07/28/2023 $2,513.96
303342 2638 07/28/2023 $2,906.07
303343 3803 07/28/2023 $2,086.34
303344 3109 07/28/2023 $2,657.12
303345 2671 07/28/2023 $3,668.38
303346 2593 07/28/2023 $2,607.60
303347 3328 07/28/2023 $2,384.70
303348 3461 07/28/2023 $2,185.94
303349 2626 07/28/2023 $1,938.29
303350 3038 07/28/2023 $2,838.13
303351 3052 07/28/2023 $2,011.97
303352 2290 07/28/2023 $2,016.62
303353 3716 07/28/2023 $1,666.76
303354 3110 07/28/2023 $2,688.16
303355 2641 07/28/2023 $1,978.31
303356 2612 07/28/2023 $2,332.62
303357 3698 07/28/2023 $2,317.11
303358 2642 07/28/2023 $2,287.13
303359 3705 07/28/2023 $2,549.46
303360 3331 07/28/2023 $1,794.66
303361 2674 07/28/2023 $3,006.77
303362 3231 07/28/2023 $2,377.70
303363 3228 07/28/2023 $2,524.04
303364 2628 07/28/2023 $3,102.22
303365 3301 07/28/2023 $1,705.66
303366 2630 07/28/2023 $2,859.89
303367 3182 07/28/2023 $2,915.21
City of Victorville Council Payroll Report Page 10 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303368 2599 07/28/2023 $2,286.37
303369 2683 07/28/2023 $3,014.40
303370 2753 07/28/2023 $2,327.17
303371 2610 07/28/2023 $2,489.29
303372 3323 07/28/2023 $1,865.86
303373 1389 07/28/2023 $2,805.82
303374 3238 07/28/2023 $4,515.58
303375 3264 07/28/2023 $1,982.13
303376 2808 07/28/2023 $1,953.77
303377 2646 07/28/2023 $3,272.51
303378 3617 07/28/2023 $2,878.36
303379 2600 07/28/2023 $2,547.90
303380 2524 07/28/2023 $2,695.82
303381 2686 07/28/2023 $1,997.84
303382 2193 07/28/2023 $2,244.39
303383 3322 07/28/2023 $2,852.58
303384 3629 07/28/2023 $2,519.93
303385 3230 07/28/2023 $4,165.17
303386 1931 07/28/2023 $2,756.08
303387 2038 07/28/2023 $1,747.84
303388 2339 07/28/2023 $2,265.79
303389 2678 07/28/2023 $3,744.69
303390 3240 07/28/2023 $2,472.00
303391 3743 07/28/2023 $1,790.37
303392 3215 07/28/2023 $2,549.70
303393 3140 07/28/2023 $2,149.82
303394 3035 07/28/2023 $2,190.69
303395 3651 07/28/2023 $2,176.54
303396 3769 07/28/2023 $550.41
303397 1853 07/28/2023 $2,895.78
303398 3645 07/28/2023 $741.73
303399 3503 07/28/2023 $2,754.52
303400 3676 07/28/2023 $309.57
303401 3579 07/28/2023 $763.13
303402 3384 07/28/2023 $995.25
303403 3386 07/28/2023 $1,954.28
303404 2488 07/28/2023 $1,073.97
303405 3120 07/28/2023 $1,006.54
303406 3502 07/28/2023 $2,249.73
303407 3768 07/28/2023 $255.39
303408 3477 07/28/2023 $940.09
303409 3784 07/28/2023 $799.86
303410 3582 07/28/2023 $1,024.73
303411 3252 07/28/2023 $2,665.61
303412 3780 07/28/2023 $371.48
303413 3070 07/28/2023 $2,264.22
303414 3657 07/28/2023 $469.43
303415 3767 07/28/2023 $445.00
303416 1866 07/28/2023 $1,923.51
303417 3371 07/28/2023 $1,054.04
City of Victorville Council Payroll Report Page 11 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303418 3674 07/28/2023 $1,047.83
303419 3772 07/28/2023 $599.08
303420 3766 07/28/2023 $682.32
303421 3717 07/28/2023 $578.22
303422 3655 07/28/2023 $950.56
303423 3656 07/28/2023 $896.29
303424 3787 07/28/2023 $920.20
303425 3789 07/28/2023 $4,243.33
303426 3575 07/28/2023 $1,716.27
303427 2478 07/28/2023 $1,096.20
303428 3648 07/28/2023 $800.97
303429 3779 07/28/2023 $702.66
303430 3667 07/28/2023 $402.44
303431 3771 07/28/2023 $522.40
303432 3471 07/28/2023 $1,095.90
303433 3531 07/28/2023 $4,146.27
303434 3665 07/28/2023 $472.09
303435 3587 07/28/2023 $836.99
303436 3669 07/28/2023 $580.94
303437 3029 07/28/2023 $1,611.96
303438 3326 07/28/2023 $3,291.24
303439 3658 07/28/2023 $876.95
303440 3609 07/28/2023 $946.29
303441 3770 07/28/2023 $709.43
303442 3492 07/28/2023 $582.74
303443 3691 07/28/2023 $946.29
303444 3678 07/28/2023 $781.50
303445 3576 07/28/2023 $1,116.62
303446 3647 07/28/2023 $780.63
303447 3566 07/28/2023 $619.94
303448 3368 07/28/2023 $1,802.86
303449 2006 07/28/2023 $3,224.41
303450 3761 07/28/2023 $2,860.80
303451 2684 07/28/2023 $1,624.86
303452 3079 07/28/2023 $1,904.36
303453 1966 07/28/2023 $2,204.46
303454 3388 07/28/2023 $2,008.56
303455 2355 07/28/2023 $2,918.89
303456 3696 07/28/2023 $2,423.55
303457 3500 07/28/2023 $2,541.29
303458 3620 07/28/2023 $1,863.54
303459 3654 07/28/2023 $1,619.50
303460 2039 07/28/2023 $1,903.04
303461 3281 07/28/2023 $1,649.84
303462 3550 07/28/2023 $2,856.52
303463 2629 07/28/2023 $2,103.26
303464 3348 07/28/2023 $1,820.67
303465 3107 07/28/2023 $2,176.30
303466 3081 07/28/2023 $2,114.10
303467 3523 07/28/2023 $4,090.38
City of Victorville Council Payroll Report Page 12 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303468 3271 07/28/2023 $1,806.18
303469 3017 07/28/2023 $4,877.88
303470 3706 07/28/2023 $1,451.75
303471 3512 07/28/2023 $2,401.96
303472 2027 07/28/2023 $1,879.72
303473 2330 07/28/2023 $3,073.77
303474 3632 07/28/2023 $1,670.96
303475 2795 07/28/2023 $411.04
303476 3437 07/28/2023 $4,627.72
303477 3652 07/28/2023 $2,354.46
303478 3421 07/28/2023 $4,876.96
303479 3439 07/28/2023 $4,926.42
303480 3440 07/28/2023 $5,717.64
303481 3441 07/28/2023 $4,337.20
303482 3473 07/28/2023 $6,246.88
303483 3406 07/28/2023 $3,407.37
303484 3422 07/28/2023 $5,829.61
303485 3442 07/28/2023 $2,633.48
303486 3433 07/28/2023 $7,594.49
303487 3469 07/28/2023 $3,274.24
303488 3424 07/28/2023 $3,808.81
303489 3414 07/28/2023 $5,556.36
303490 3704 07/28/2023 $9,013.97
303491 3734 07/28/2023 $4,560.65
303492 3799 07/28/2023 $1,938.73
303493 3443 07/28/2023 $4,146.12
303494 3600 07/28/2023 $3,586.06
303495 3711 07/28/2023 $3,050.06
303496 3751 07/28/2023 $2,638.71
303497 3418 07/28/2023 $4,348.15
303498 3759 07/28/2023 $16.00
303499 3715 07/28/2023 $4,157.98
303500 3444 07/28/2023 $4,592.36
303501 3583 07/28/2023 $8,061.34
303502 3585 07/28/2023 $3,737.74
303503 3594 07/28/2023 $3,982.53
303504 1718 07/28/2023 $5,427.93
303505 3409 07/28/2023 $3,529.21
303506 3426 07/28/2023 $7,692.03
303507 3642 07/28/2023 $3,577.62
303508 3584 07/28/2023 $3,776.68
303509 3746 07/28/2023 $2,027.02
303510 3538 07/28/2023 $2,057.63
303511 3410 07/28/2023 $3,767.71
303512 3447 07/28/2023 $5,463.59
303513 3427 07/28/2023 $4,103.74
303514 3411 07/28/2023 $7,410.19
303515 3448 07/28/2023 $2,279.90
303516 3719 07/28/2023 $1,622.79
303517 3518 07/28/2023 $1,966.09
City of Victorville Council Payroll Report Page 13 of 15 08/02/2023 Check Number Employee ID Check Date Total Net
303518 3449 07/28/2023 $4,135.23
303519 3428 07/28/2023 $3,434.03
303520 3429 07/28/2023 $4,769.11
303521 3455 07/28/2023 $2,990.16
303522 3451 07/28/2023 $5,159.50
303523 3712 07/28/2023 $3,922.75
303524 3595 07/28/2023 $1,671.90
303525 3430 07/28/2023 $2,681.19
303526 3452 07/28/2023 $3,598.98
303527 3417 07/28/2023 $3,890.75
303528 3431 07/28/2023 $3,055.19
303529 3419 07/28/2023 $2,610.85
303530 3720 07/28/2023 $4,907.91
303531 3524 07/28/2023 $2,381.01
303532 3412 07/28/2023 $4,914.29
303533 3805 07/28/2023 $2,130.09
303534 3420 07/28/2023 $6,616.70
303535 3378 07/28/2023 $5,497.80
303536 3435 07/28/2023 $5,167.31
303537 3800 07/28/2023 $2,070.53
303538 3432 07/28/2023 $2,271.89
303539 3408 07/28/2023 $3,171.64
303540 3456 07/28/2023 $5,249.44
303541 3763 07/28/2023 $2,925.25
303542 3591 07/28/2023 $4,139.97
303543 3392 07/28/2023 $4,931.56
303544 2210 07/28/2023 $2,716.72
303545 3434 07/28/2023 $3,036.29
303546 3658 07/28/2023 $85.47
303547 3658 07/28/2023 $333.74
303549 3658 07/28/2023 $970.15
303550 3658 07/28/2023 $1,189.59
303551 3658 07/28/2023 $1,104.93
303552 3658 07/28/2023 $576.53
303553 3658 07/28/2023 $14.79
303554 3799 07/28/2023 $2,103.40
303555 3799 07/28/2023 $561.01
Advices Total 1,316,779.96
City of Victorville Council Payroll Report Page 14 of 15 08/02/2023 Total Gross
$83.42
$1,891.00
$3,060.87
$220,217.22
$19.93
$533.13
$646.90
$61,112.12
$4,210.05
$75.51
$65,893.50
$10,050.00
$7,046.36
$278.72
$334,752.33
$2,940.00
Electronic Vendor Payments Total $712,811.06
PERS 8/2/2023
Deferred Comp (457)
Deferred Comp (457)
7/31/2023
7/31/2023
7/28/2023
7/28/2023
Deferred Comp (457) 7/19/2023
Deferred Comp (401a) 7/31/2023
Deferred Comp (457) 7/31/2023
Vendor Check Date
IRS 7/18/2023
Electronic Vendor Payments
7/25/2023VV Firefighter's Union
7/21/2023
7/28/2023
7/28/2023
7/24/2023
7/28/2023
IRS
IRS
State Taxes
State Taxes
State Taxes
IRS
State Taxes 7/18/2023
CASDU
City of Victorville Council Payroll Report Page 15 of 15 08/02/2023 Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Fredy Bonilla, Assistant City Engineer
Subject:
Partial Release of the Faithful Performance Security for Case Nos. BLDC18- 00120/EROW18-00124
Recommendation:
That the Honorable City Council:
(1) Approve an 80-percent release of the Street Improvements Faithful Performance Securities for Case Nos. BLDC18-00120/ EROW18-00124; and (2) Accept the street improvements.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Case Nos. BLDC18-00120/EROW18-00124 are for the expansion of a self-storage facility located at the southeast corner of Seneca Road and Amethyst Road. The developer, Sea West Enterprises, Inc., was required to complete street improvements per the conditions of approval. As a public improvement, the developer provided bonds as security for the required pavement widening, curb & gutter, and sidewalk construction on Amethyst Road.
Discussion:
The developer has completed the street improvements and has passed all inspections.
At this time, an 80-percent release of the Faithful Performance securities is recommended, and that the City accept and maintain the street improvements. Per 3 2
7 1
Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful Performance securities are to be held for a one-year warranty period and the Labor & Materials securities will be held for a 6-month warranty period.
Staff is available to answer any questions Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Developer:
Sea West Enterprises, Inc.
373 East Foothill Boulevard, Suite 200
San Dimas, CA 91773
Faithful Performance Security
Street Improvements – 024070864
Labor & Materials Security
Water Improvements – 024070864
Amount of ORIGINAL Security: $87,203.00 Amount of ORIGINAL Security: $43,603.00 Amount of Security CURRENTLY: $87,203.00 Amount of Security CURRENTLY: $43,603.00 Amount of Security being REDUCED: $69,762.40 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $17,440.60 Amount of Security REMAINING: $43,603.00
Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) N o.: BLDC18-00120
6121DCOV80.0
Tract/Case
0 Bond No.: 24070864
Premium: $2,616.09
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Sea West Enterprises, Inc
(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, whereby Principal agrees to install and complete certain designated public improvements, which sail , areement, dated may 23 , 2018 etz-m4..) On VW
, and identified as Tract/Case Noarmi g-no Do ' for
Reliable Self Storage Expansion , is hereby
referred to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
The Ohio Casualty Insurance Company NOW THEREFORE, we, the Principal and , a corporation of the State of New Hampshire , (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of Eighty Seven Thousand Two Hundred Three Dollars dollars, ($ 87,203.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and Severally, firmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and.'perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation seaked hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBOnd.Blank.101211 Sea West Enterprises, Inc The Ohio Casualty Insurance Company By:
Mailing Address:
373 E. Foothill Blvd #200 790 The City Drive South Suite 200 By:
Address of Principal
San Dimas, Ca 91773
Address of Surety Company
Ornage, Ca 92868
City, State Zip Code City, State Zip Code
Name of fncipal
By:
By:
plicant) Name
By:
By:
Surety Company
Public Improvements
Faithful Performance Bond CftaVb-Tract/Case No,:BLDC18-00120 ocaq Bond No.: 024070864 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on sea West Enterprises, Inc, 2018
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Chuck Buquet, Risk Manager
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211
SCHELLE MARIE WILLIAMS
COMM. # 2220080,
,NOTARY PUBLIC - CALIFORNIA M
SAN BERNARDINO COUNTY
My Comm. Expires Oct. 28,2021
WITNESS mrkand and official seal.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
Scit‘e-tle MUM t&n5 (insert name and title of the officer) personally appeared 0 1 /4 _ e_i_J who proved to me on the basis of satisfactory evi. -nce be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
on "Su 1 /41.i 23 1 151 a g . before me,
WITNESS my hand and official seal.
Signature
CYNTHIA E. SPANN
Notary Public — California z
Los Angeles County
Commission # 2219817 —
My Comm. Expires Oct 26. 2021
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
July 23, 2018 before me, Cynthia E. Spann, Notary Public (insert name and title of the officer)
personally appeared Jason H. Simison
who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/spiel:ley executed the same in histieriitlyair authorized capacity(i6s), and that by his/4erftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) EaVaere0 12 A - 1
Tract/Case No.: ELDC18-00120
0 Bond No.: 24070864
Premium: Inc with Performance
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Sea West Enterprises, Inc.
(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement datedmaY 23 , 20 18 BLDC8ep120 , and identified as Tract/Case No.: cii.a 1- .0 •-•0017-- 4 4 forReliable Self Storage Expanpisnhereby referred to and made a part hereof; and,
WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Victorville to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and The Ohio Casualty Insurance Company , doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the county of San Bernardino, State of California, and all contractors, subcontractors, laborers, material, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Forty Three Thousand Six Hundred and Three Dollars dollars, ($43,603.00 . ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such Work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation,:to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall Public Improvements
Labor & Materials Bond pzowia-cOlzi-f
Tract/Case No.: BLDC18-00120
Bond No.: 024070864
become null and void, otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on July . 23 , 2018
Sea West Enterprises, Inc
Name o i ffi incip (Applicant)
By:
By:
By:
Mailing Address:
373 E. Foothill Blvd #200
Address of Principal
San Dimas, Ca 91773
City, State Zip Code
The Ohio Casualty Insurance Company
Name , of Surety Company
790 The City Drive South Suite 200
Address of Surety Company
Ornage, Ca 92868
City, State Zip Code
By:
By:
By:
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
CQ - Chuck Buquet, Risk Manager
CCP:ccp
/shared/Development/Projects/SuretyRecovely/Forms/L&MBond.Blank.101211 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
SCHELLE MARIE WILLIAMS
COMM.* 2220080 z
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires Oct. 28,2021
WITNESS my-land and official seal.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On - Zak 20i'S" before me, thee $A . asns (insert name and title of the officer) personally appeared
who proved to me on the basis of satisfactory evidence to be t erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
o n July 23, 2018 ' before me, Cynthia E. Spann, Notary Public
(insert name and title of the officer)
personally appeared Jason H. Simison
who proved to me on the basis of satisfactory evidence to be the person()-whose name(a) is/ace subscribed to the within instrument and acknowledged to me that he/06/they executed the same in his/hOtbeir authorized capacity(ipe), and that by his/berdbeir signature(s) on the instrument the person(*), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CYNTHIA E. SPANN
Notary Public — California
Los Angeles County
Commission #2219817
My Comm. Expires Oct 28. 2021
Signature r *IMPCU / UA )
(Seal)
.111 . 1P -oviiR,.. , :cw.,--AT,To RN Eris.: NOT VALID UNLEqS: -..IT18:.:P1111;iTED'OICRED7,BACKGROUND. - hia7.PowkrotAttomaylfinifatiwAOts -,ofthose named lierejn i .and,tney havenn:authp.nti•tp bind Vikgorivany s:p. ;,ccqptinAhe planner and tnlhe•e0ant npraht stated .:- ._ - . -_ --_, -
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_KNOWN:fAEL7PE'RS00%,BYEMESEI - P . RESENTS:.That The Ohio Casualty Inkurance Company is a corporation duly organized under the laws of the-i:StateT.of:NeW"-, 1 7 1amPahife,`-_thet - =- Lit3er - fi-viAiikiii -- s - Lii ialik : (0, -Orry -:ii. i corporation duly - orgenied- --Underzthe r ilawit:o.f. iltheT,:State, ej : --MasSachuSetta i . - - an&Weit-American. Insufance , Cfmtany:_iis - _-0 .:- . 6o.fporenOn :duly . ..organized:under,the:laws!olthe.State:Tor Ind ian a1hereirrc011edtiiely - dalled , theT , !COmpinies",Y;P - ursuant'Ao-and. by authorityherein Set-160,1dOes:fiefelif neffik.constitine: - arid:aPPoiritF ,. - -MaltheiA7 DotlerrY- -_ - • _.- .':- - . ..: -::::''' .1:' , -- — • ' --:-::::::: , :: : ,-----. .- .: , --„i'.. -- - - - _ _
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IN -WITNESS WHEREOF- this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the Corporate- seals-ofthe'-Companiei have --been -- affixed - itt ero f c re di r
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OEsPEN'N-SYLVA4IA-2 David "M. Cafe A -Salitaril'eOretary -- --, -. - _ _-figE .. . - - - --,-. - - . . .
COUNTY OF .-. , - . . - ..-_ _ - „, '71)ff-this:A st-r-- -- -;-day" ;o1 ,- -Decenthef- -- r---- - , - 2016 ; - before me personally appeared, D.aVid* Carey, who acknowledgedhimself to be the Assistant SeOreterylot:LibeitirMUtual : Maurarcop.:
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--. C - OrMia6iatbe: -Ohio.7Caiiiiitir .e .- OMPiny - and'West:Argerican •Int - firanbe'Corripani s;:anil that. h e , : .as ." such - being authorized so tO:do;:exeCiite1he j ,-rfOrefeing - zinStrUM0116r:: :,itie- -_plifpc4i5 -lhafeiri:colitained byrsigning-on behalf of by himself 'as , 'aLcli.ilt:authbrized:officer. - - - --: '.-- - -- - ' . _ _ . „. _ . ._ ..... „. . . — _ _ „ .. . . _ - - . . ...- ... , _ _ , _ . . .. _ „.... ....... _ . .--- ._ -.. - ..... _ -INIIITNESSMHEREQE;:l haVe.hereunto-subscribed - myname and affixed : my_ notanal seal.a1King of Prussia-Pennsylvania, on the - dei-and year frit:above:written ------= -:- .--- - z: -- -";-:-- -: -.; -- -7:' , : -- j. T.- - 7. - -:" - -- -- - - p -A s - - -, ' - 26O -MinohvvEAl..i - HT -CiEkikiN§i , LVAMA: — : ' - ' ' .... --- ':. - - ' i,... .=E
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My cofrini§siah - Extiir'es - rvtaith 7 28,- -- 2017 , _ . , _ . _ 1 -- Teresa - Pafitella,:-N1otafy:PUblia-' 7 - . -' .._ -- - - - - - , ccu én cy r ãte, in t ères tr a teo Member, Pennsylvania Association of NOaries t-This - :POMefz - OfAttOrrney-:-is..:mafle - ancLexeclited,purau - ant to and by authority of the following :13y;.laws-Ind:Aujthorizations of The Ohio Casualty Insurance Company Liberty _.rvidtor; Insurance'-Companfjand'WestArgericaminsurance7Company which resolutions are now intiil1fice . anCeffect reading as follows:
z.ARTIPLEIV -=OfFICEkS',;'S'ectior) : 12:eciiiver:of Attorney. Any officer or other. effibial"otthe.cOrPoratiOn a - uthOrliedforjtiat purpose in writing by Otithe:President,r-andfilibject. tosuch limitati&as the Chairman or the President may prescribe hall appoint SuCfr'atterneys 2 iii.:,1a .. Ot -,4s'ffiaY':_()e,nede -fisari'l6 -.6 -OCM : 6..efialf 7 .01'1hp - 'dOrp TOratiiiii -- .16,MalcOiCe_Cifte :, --fiea1;-' ackwledge and deliver as suretyiny nd all undertakings bonds feco:gnizarceei and other surety obligations Such attorneys in fact subjct to the limitations set ilitbeir,reepeCtiV* .:,pOwarkOEatterhey;_shakhave•-_futlppiver., -to bind the Corporation by "their signature andexedutiofiof ariy-ailoh:inatrume - nts arift10- - attach.thereto - thefieal of.,thefirporatiOnllynerifio::
-- -'4,ecntediiuctiinSininierifsiheif -: .1*as jinding,as . i1Signed by the President and attested talby : the's -Sicrelary;AnkpoWer or authority granted:to any representative OrittOiniy=tn4act•j.indef., ftie: ; .06V - i0ii:iifitiii7aftieleTtnaY-:tie - fe - vOked.81 any time by the'Bbard, - the•Cliairman,Ahe:Pfesidenfortiy-the officer or graliting.SuCh:Poikef.' ,Or-Othbrity.:: • :"-- - --- ---- - ''''-'' i'lill3f1 a E r7: XlIt . - .':Eice ail iokolf - On n t re a '= .- _S E_ c T. I ON'S ::$ U re ty Bonds and !Adel - taking -5. Any,officefei 1he:doMpiny- authorized. for that purpose inWilling - Oy . the,;chalffiiiior- the-President -, , , -L saficlaulifeCt t -O -s - iiCri"iir_ilit6tiOjid]:ai:_ihe'iCjiiriiiaii.:6i - -the president mayPreidribj;fihall-e - ppoiritiikliattoThe -A;intadt, as may be'nedes - sarylte act in bebeltofthe t .tarrtaiiytolnaie,:ex - eCUte; :seal;_ackhoWledge:and' .. -delivef al . fiurek.affyzarfd all Undertakings, tionds;',reC:OgiiizerfabSrarid,other: ':eurety5Obligations. Such attorneys in fact subject to the limitations set forth in their 'respective -,poweiSTof attfiney, -,46e0 --nayel_f6ilzpOwer to bind the "Company by their signature and execution Of . any such instruments and to attach ifi06 - tajt*00 - 6! the dOin - paril. - j'* . lien . .10 . eibbille - d=snohlnfitniffien1S - kh - all befiirOinfling asTif.signed : 4,tha presidentarfcratfeatet(bttle'aecrefary:1•.:_ _ , .
Certificate of Daajghatiolf 7 tri -ai?1;a0derit of the Company acting pursuant to Bylaws of tho -.-.Cortipariy,:iithorizes:Dayidti: .,Pai'Oy;A§§it$111'qecTtprktii:app.qintlsuch attorhejes -,-In - 1, •6 1 .0832 ':. 8240b e iv it er ii
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fact --.. a -s ir - fajf*-ne -c'efifiafy,661:1:MT-tiehilfiif: the CoMpanyt6 . inake, -- eitebille,'Seal,•ecknoWledge'and'deliVe(aS.stirefy any 0 -6 -d --, li- .7uri001 - akiO g i i :1*-id§,II:ea 9g niOli -Ce:aric!ii,tfie r .-. § iiiet -•:::.:• • - -., - •-: -...-•.-:: • • - - .- ., ... .
-.2, -OtiliOtiOnei':-'; --': -= -- - -, ----, . - -- -.-:.::: ::. - - • --::,..:::- : :::: .-:.• -..: - - - ' -,--' — :::- ...:- ..- , .--:• _ . , .. „ _ „ ....,, Authorization -By tmanimAUs . coneentot. ...tha : Oompany's.Soardief:OireCtors, the Companyc*Onts . th -41.fpimile:cililie0jahl9akrppio - 06 . 0d:signAtiii -Ocif'any:ps§i§16ht:ip:Crejary:_ottb . e.-..- T .7. 'OOMPany, - Whereve - Cappearing.LipOn-fi 6ertlfie .c1Cppy Of any power Of attorney issued by the Company in connection Wittr. Surety bonds' ; shall be yalid:Tend -:bindifig:fUpon the Company the aeme::.forC - e'Tand" -:pffectasithough rnanuakaffiXed. , '.:11:1".:-: ' '..:.:.:: '.::.-- - -_ ' ,.:- ':: -:-:-.. ::-.*::--:::: .• :, .. ',.:.: :::.: .-- - ' - :::::,-:::: ": :- ----'--- - - ---- ---, -- -•--4, -.--„ .-.:.--_--„T„,f,„--- ... .--_---= 7 - : -.: •.::::::: :. '•:. ... •:' -- 1::::.: : -: :' ' ' , . . . - .. : ., . " ..-• .
Renee- ,,C.,7::LjeWellipithe: -.-,findeisigned;- :.. - AfisiStant : Secrefary, The Ohio,. Casualty _Insurance -„Cbmpany, Liberty : Mutual Insurance Company and West American Insurance Company do , --- eieliyiiiifyithat: - iiii,origirial]poWer'of attorney:bf:WhiCif the foregoing is a: flit : true*dictinot copy of the Power Of Attorney executed by said Companies is id full force and 'ffect d- - has:n -- 0,b`een.f.evoef1. 7 .L:::-_,-... , --_ 7-- -- - •-• - . . „ . . . . ---_-., ',.-.:-.,-.-.,,,:: -.7.,. .- ., -•;- ',_, - - , 2 -., - :•.:.. = .,-..-.-- •-,:,.. - . 2 - - - - .
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:INTESTIMONY'zWHEREOF;r liav&here -untb set my hand and affixed the seals of said Companies this _ 3. - -day of ' ---,-,
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S 12873082016
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Strategic Partnership Grant for Water Conservation Kits - Budget Amendment Recommendation:
That the Honorable Victorville Water District (District) Board of Directors adopt Resolution No. VWD 23-012, approving a budget amendment for Fiscal Year 2023-2024 to appropriate $20,000 in both revenue and expenditures related to the Strategic Partnership Grant for Water Conservation Kits awarded by Mojave Water Agency.
Fiscal Impact:
Adopting Resolution No. VWD 23-012 will result in additional revenue and expenditures in the amount of $20,000.
These funds will be allocated below:
•2650525 – 43100 – 21365 (Revenue)
o2650525 – Local Grant, Water Conservation
o43100 – Grant
o21365 – MWA Strategic Partnership
•2650525 – 52110 – 21365 (Expense)
o2650525 – Local Grant, Water Conservation
o52110 – Supplies
o21365 – MWA Strategic Partnership
Strategic Plan Goal:
This item aligns with the following goals in the City of Victorville Strategic Plan 2023-2026:
•Goal A – Financial Sustainability: Foster fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. •Goal F – Communication and Outreach: Build strong connections with community partners, residents, and employees.
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Grant funding provides additional revenue used to purchase additional water conservation kits for residents. These kits are distributed to the public through communication and outreach efforts of the Water Conservation Division of the District.
Background:
In September 2022, the Mojave Water Agency (MWA) announced their Strategic Partnership Program, through which MWA reimburses qualifying water agencies for materials purchased for customized water conservation kits distributed to residents. The District’s Water Conservation Division submitted an application and requested $32,000 for materials needed to provide five (5) customized individual kits for its constituents:
indoor kit, outdoor kit, leak kit, drip irrigation kit, and winterizing kit.
Below, please find a brief description of each kit and how they will help residents conserve water in their homes:
Indoor Kit, Leak Kit and Drip Irrigation Kit
The indoor kit includes two bathroom aerators, one toilet flapper, one shower timer, leak detection tablets, and a kitchen aerator. The standard kitchen and bathroom faucets use 4 to 7 gallons of water per minute (gpm). If an aerator is added to the faucets, approximately 1.5 gpm of water can be saved in the bathroom, and 2.5 gpm in the kitchen while fixtures are in use. On average, this can conserve up to 1,500 gallons of water per month. A shower timer can be attached to the shower wall, and the timer can be set for 5 minutes for faster showers, thus resulting in less water wasted. The leak detection tablets are blue in color and are dropped into the back of the toilet tank. If the water in the toilet shows any traces of blue color, it indicates there is a leak and the flapper needs to be replaced, which is also provided in the kit.
The leak kit includes more leak detection tablets, sealing tape, goof plugs, and a drip gauge. These materials, like the indoor kit, provide residents with the supplies and tools helpful to identify leaks, fix leaks, and save water.
The drip irrigation kit includes drip emitters, pipe cutters, a 360-adjustable drip emitter, and a few similar items as those listed above.
Outdoor Kit and Winterizing Kit
The outdoor kit includes a hose nozzle, garden hose repair kit, sealing tape, soil moisture meter, and sprinkler gauges. These supplies can help residents conserve water outdoors by adding an auto shutoff nozzle to their hose or using the sealing tape and/or repair kit to fix a leaking hose. The moisture meter will help residents identify landscaped areas where they are excessively watering their plants based on the moisture content of the soil, which will conserve water in the long term.
The winterizing kit provides residents with a spigot insulating cover and pipe wrap to help protect their pipes from freezing during the winter season. 3 2
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Discussion:
On July 13, 2023, MWA sent an email advising the District that they had been selected to receive $20,000 for the Strategic Partnership Grant. In order to receive the funding, an acceptance letter needed to be signed and submitted to MWA by July 31, 2023. Staff requested an extension, and MWA extended the due date to August 14, 2023.
The City Manager authorized the acceptance of the grant on August 10, 2023, in accordance with Victorville Municipal Code Section 2.28.060(e)(10) – authority for grant applications, grant agreements or grant acceptance that may result in revenue of one- hundred twenty-five thousand dollars or less. However, a budget amendment is required to formally appropriate the associated grant revenue and expenses.
Staff is recommending that the Victorville Water District Board of Directors adopt Resolution No. VWD 23-012, approving a budget amendment for Fiscal Year 2023 – 2024 to appropriate $20,000 in both revenue and expenditures related to the Strategic Partnership Grant for Water Conservation Kits as awarded by Mojave Water Agency.
Staff is available for any questions the Board may have.
Attachments: A. Resolution No. VWD 23-012
B. Mojave Water Agency Acceptance Letter
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4 5
ATTACHMENT A
RESOLUTION NO. VWD 23-012
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4 5
RESOLUTION NO. VWD 23-012
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT APPROVING A BUDGET AMENDMENT FOR FISCAL YEAR 2023-2024 TO APPROPRIATE $20,000 IN BOTH REVENUE AND EXPENDITURES RELATED TO THE
STRATEGIC PARTNERSHIP GRANT AWARDED BY MOJAVE WATER AGENCY
STRATEGIC PARTNERSHIP PROGRAM GRANT
WHEREAS, the General Manager of the Victorville Water District (the “District”) did heretofore submit to the District Board of Directors (the “Board”) an estimate of the expenditures and revenues of District 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 Board and approved on June 6, 2023, and have been available for inspection by the public in the office of the City Clerk; and
WHEREAS, after preparation of the budget, notification of approval of the District’s application for grant funds under the 2023-2024 Mojave Water Agency Strategic Partnership Grant in an amount of Twenty Thousand Dollars ($20,000), for the implementation of a water conservation kits program was received; and
WHEREAS, the Board wishes to amend the annual budget as set forth in this Resolution, memorialize the acceptance of the grant, and authorize the City Manager to execute any and all documents relating to this grant.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2023-2024 for the Victorville Water District 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
2650525-43100-21365 $20,000
2650525-52110-21365 $20,000
SECTION 2. That copies of such amended budget for the Victorville Water District, certified by the City Clerk, shall be filed with the auditors of the Victorville Water District and filed in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by the Water District, City departments, and offices of the City.
Attachment B
Mojave Water Agency
Acceptance
Letter
Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: September 5, 2023
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Code Compliance Department Quarterly Report for the Fourth Quarter of Fiscal Year 2023
Recommendation:
That the Honorable City Council review and file.
Fiscal Impact:
None
Strategic Plan Goal:
The item is related to Strategic Plan Goal B, Public Safety, as the activity reports provide statistical information on Code Compliance Department efforts relating to community enhancement and homeless outreach efforts along with the care and control of animals.
Background:
Staff has compiled the attached Code Compliance Department Activity Report consisting of the Code Compliance Division and Animal Care and Control Division statistics and fireworks compliance performance for the 4th fiscal quarter of fiscal year 2022/ 2023.
Discussion:
The Code Compliance Department consists of the Code Compliance Division and Animal Care and Control Division. The attached Code Compliance Department reports outline information relating to compliance efforts for the fourth quarter of fiscal year 2022/2023 (April 1, 2023 to June 30, 2023), including compliance activity related to land use, public nuisances, parking, homeless outreach, fireworks compliance efforts and clean-up efforts, animal care and control programs, field activity, resident service calls and animal licensing.
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Attachments: A. Code Compliance Activity Report
B. Animal Care and Control Activity Report
Attachment A
• 1 Code Enforcement Official
• 1 Code Enforcement Manager
• 2 Code Enforcement Supervisors
• 11 Code Enforcement Officer II
(4 assigned to the Homeless Engagement Team)
• 2 Code Enforcement Officer I
• 3 Code Compliance Technicians
Quarterly Update FY 2023/ Quarter 4
In this Quarterly Report Current Staff Levels