Cities Index.
Attachment A - Notice Inviting Bids

Victorville City Council
November 19, 2024

Document
Attachment A - Notice Inviting Bids
Meeting
November 19, 2024
Body
Victorville City Council
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21
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Text extracted from the city's file for reading and search. Open the original on victorvilleca.primegov.com. That file is the official record.

Attachment A

CITY OF VICTORVILLE

BID PACKAGE

FOR

CITY HALL SECURITY CAMERA EXPANSION

PROJECT CC25-022

BID OPENING DATE AND TIME:

OCTOBER 3, 2024

AT

2:30 P.M. PST

Table of Contents CITY HALL SECURITY CAMERA EXPANSION
CC25-022
Page i

CITY OF VICTORVILLE
CC25-022 CITY HALL SECURITY CAMERA EXPANSION

TABLE OF CONTENTS
NOTICE INVITING BIDS ..........................................................................................................................

INSTRUCTIONS TO BIDDERS ............................................................................................................. 2

1. INTRODUCTION ............................................................................................................................. 4

2. CONTRACT DOCUMENTS ............................................................................................................ 4

3. ADDENDA TO THE CONTRACT DOCUMENTS ............................................................................ 4

4. PRE-BID QUESTIONS .................................................................................................................... 4

5. BIDDER’S POINT OF CONTACT .................................................................................................... 4

6. NON-MANDATORY PRE-BID MEETING ....................................................................................... 4

7. LIQUIDATED DAMAGES ................................................................................................................ 5

8. BEGINNING OF WORK AND TIME OF COMPLETION .................................................................. 5

9. BIDDER QUALIFICATIONS ............................................................................................................ 5

10. CONTRACTOR'S LICENSE .......................................................................................................... 5

11. DIR CONTRACTOR REGISTRATION PROGRAM ....................................................................... 5

12. EXAMINATION OF THE PROJECT SITE AND CONTRACT DOCUMENTS ................................ 5

13. SUBMITTAL OF BID ..................................................................................................................... 5

14. BID PROPOSAL FORMS .............................................................................................................. 6

15. BONDS AND GUARANTY REQUIRED ........................................................................................ 6

16. SUBCONTRACTING ..................................................................................................................... 6

17. RETURN OF BID GUARANTY ...................................................................................................... 7

18. WITHDRAWAL OF BIDS ............................................................................................................... 7

19. RELIEF OF BIDDERS ................................................................................................................... 7

20. BID ANALYSIS AND DETERMINATION OF RESPONSIVENESS ............................................... 7

21. AWARD OF CONSTRUCTION CONTRACT ................................................................................ 8

22. EXECUTION OF CONSTRUCTION OF CONTRACT ................................................................... 8

23. FAILURE TO EXECUTE CONTRACT ........................................................................................... 8

24. PROHIBITED INTEREST .............................................................................................................. 8

25. INSURANCE REQUIREMENTS ................................................................................................... 8

26. ANTITRUST CLAIMS .................................................................................................................. 10

27. DISPUTE RESOLUTION ............................................................................................................ 10

28. PREVAILING WAGE AND OTHER STATE LABOR LAWS ....................................................... 10

29. ELECTRONIC CERTIFIED PAYROLL REPORTING ................................................................ 12

30. APPRENTICES ON PUBLIC WORKS ....................................................................................... 12

31. EXECUTIVE ORDER N-6-22 ..................................................................................................... 12

32. ATTORNEY’S FEES ................................................................................................................... 12

33. INDEMNIFICATION ................................................................................................................... 13

34. TERMINATION OR SUSPENSION ............................................................................................ 13

35. TERMINATION OF DEFAULT .................................................................................................. 14

36. DISPUTES ................................................................................................................................. 14

37. OWNERSHIP OF DOCUMENTS ............................................................................................... 14

38. PAYMENT ................................................................................................................................. 14

39. SEVERABILITY ......................................................................................................................... 16

40. WAIVER .................................................................................................................................... 16

41. UNFAIR BUSINESS PRACTICE CLAIMS ................................................................................ 16

42. PROTECTION OF EXISTING UTILITIES .................................................................................. 16

43. RECYCLING, SALVAGE, AND LANDFILL DIVERSION ........................................................... 16

44. HIRING OF UNDOCUMENTED IMMIGRANTS PROHIBITED ................................................. 17 Table of Contents CITY HALL SECURITY CAMERA EXPANSION
CC25-022
Page ii

45. GENERAL CIVIL RIGHTS ......................................................................................................... 17

46. AMERICAN WITH DISABILITIES .............................................................................................. 17

47. CONTRACTOR’S RESPONSIBILITIES ................................................................................... 18

48. DELAYS AND EXTENSIONS OF TIME ..................................................................................... 18

49. DRUG-FREE WORKPLACE REQUIREMENTS ........................................................................ 19

50. PUBLIC RECORDS .................................................................................................................. 19

51. EMPLOYMENT OF LOCAL LABOR .......................................................................................... 19

52. VEHICLE EMISSION DISCLOSURE & COMPLIANCE ............................................................. 19 SECTION B: FEDERAL REQUIREMENTS AND FEDERAL FORMS .................................................... 1 SECTION C: TECHNICAL SPECIFICATIONS / SCOPE OF WORK
SEC
TION D: BID PROPOSAL DOCUMENTS ........................................................................................ 1 SUBMISSION CERTIFICATION ............................................................................................................2 BI
D PROPOSAL FORM ......................................................................................................................... 3 BIDDER INDENTIFICATION ................................................................................................................. 4 CUSTOMER REFERENCES .............................................................................................................. 5-6 CONTRACTOR QUALIFICATION STATEMENT ................................................................................ 7-8 PCC SECTION 10285.1 STATEMENT .................................................................................................. 9 PCC SECTION 10232 STATEMENT ................................................................................................... 10 WORKERS’ COMPENSATION CERTIFICATION ............................................................................... 11 SIGNATURE AUTHORIZATION .......................................................................................................... 12 LIST OF SUBCONTRACTORS ....................................................................................................... 13-14 QUESTIONNAIRE ............................................................................................................................... 15 BIDDER'S BOND ................................................................................................................................. 16 NON-COLLUSION DECLARATION ..................................................................................................... 17 SENATE BILL 854 ................................................................................................................................ 18 FLEET COMPLIANCE CERTIFICATION ............................................ ERROR! BOOKMARK NOT DEFINED.

INJURY & ILLNESS PREVENTATION PLAN ...................................................................................... 20 SECTION E:

SAMPLE CONTRACT AGREEMENT

FAITHFUL PERFORMANCE BOND

PAYMENT BOND

CONSTRUCTION/DEMOLITION WASTE RECYCLING PLAN (C/DWRP)
S

UMMARY WASTE DISPOSAL AND DIVERSION REPORT (SWDDR)
D
AS FORM 140
DAS FORM 142

SAMPLE PAYROLL DIR SUBMISSION ACKNOWLEDGEMENT
EXH
IBITS:

Exhibit A – Camera Layout Plan
Exhibit B – List of Specific Cameras & Supporting Equipment

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

Notice Inviting Bids
Instructions to Bidders

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

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CITY OF VICTORVILLE

CITY HALL SECURITY CAMERA EXPANSION
PROJECT CC25-022

NOTICE INVITING BIDS
I. Project Title and Summary: CITY HALL SECURITY CAMERA EXPANSION, Project CC25 - 022 (the “Project”). The City of Victorville is expanding the Avigilon Security Camera System and is requesting quotes to install cameras, hardware, associated cabling, and Network Video Recorder (NVR) at City Hall located at 14343 Civic Dr. Victorville, CA 92392.

II. Bid Submission: Sealed bids shall be received by the City of Victorville City Hall,14343 Civic Drive, Victorville, California 92393, Finance Department, Purchasing Division, Attention: Celeste Calderon, until 2:30 p.m. PST on OCTOBER 3, 2024. At such time, the bids will be publicly opened and read aloud by the City Clerk in Conference Room “A”. Bids received after this time will be returned unopened. Emailed, faxed, and late bids will not be accepted. For more information, contact Celeste Calderon at (760) 955-5082 or [email protected].

III. Contract Documents: Contract Documents pertaining to this Project solicitation are available at https://www.victorvilleca.gov/government/city-departments/finance/purchasing/bids Only those who attend the mandatory pre-bid meeting and jobwalk will be included in a plan holders list and may receive notices.

IV. Mandatory Pre-Bid Meeting: All prospective bidders are invited and strongly encouraged to attend a mandatory pre-bid meeting on SEPTEMBER 18, 2024, at 11:00 a.m. PST at City of Victorville City Hall, 14343 Civic Drive, Victorville, CA 92392. Prospective bidders are encouraged to ask questions, address problems, and other issues regarding this project during this meeting. All questions, other than those asked at the pre-bid meeting and not specifically addressed within the Contract Documents, must be submitted in writing to [email protected]. Questions will not be accepted after 12 noon on September 25, 2024. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

V. Bid Guaranty and Bonds: Each Bid Proposal shall be accompanied by: (a) cash; (b) a certified or cashier’s check; or (c) a bidder’s bond made payable to City of Victorville in an amount equal to ten percent (10%) of the Total Base Bid as bid security. Said Bid Guaranty shall be enclosed in the same envelope as the Bid Proposal and no bid shall be considered unless such Bid Guaranty is enclosed therewith. The successful Bidder will be also required to furnish performance and payment bonds, each in an amount equal to one hundred percent (100%) of the Total Base Bid.

VI.

Prevailing Wage of Wages: 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 from the Director of the California Department of Industrial Relations (“DIR”) for each craft, classification, or type of worker needed to perform the work required under a contract awarded for this Project. A copy of these prevailing wage rates is avai lable at the City’s Finance Department/Purchasing Division, 2nd Floor, City Hall, 14343 Civic Drive, Victorville, CA 92393 and shall be made available to interested parties upon request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. It shall be mandatory upon the Bidder to whom the contract is awarded, and upon any subcontractors, to comply with all provisions set forth in Chapter 1, Part 7, Division 2 of the Labor Code, commencing with Section 1720, which include but are not limited to, the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors.

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

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VII. DIR Registration; Compliance Monitoring: Pursuant to Labor Code Section 1771.1, the City may not accept a Bid Proposal from or enter into a Contract with any Bidder, without proof that Bidder and its prospective subcontractors are registered with the DIR to perform public work pursuant to Labor Code Section 1725.5, subject to limited legal exceptions. This Project is subject to compliance monitoring and enforcement by the DIR and the submission of electronic certified payroll records to the California Labor Commissioner in the manner set forth in Labor Code Section 1771.4.

VIII. S
ubstitution of Securities: Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Contract for the work to be performed will be permitted at the request and expense of the successful Bidder.

IX.

ARPA Project Funding Compliance: The Project will be funded in whole or in part with American Rescue Plan Act (ARPA) (Title VI of the Social Security Act Section 602 et seq.) Coronavirus Local Fiscal Recovery Funds (CLFRF) through a City grant from U.S. Department of Treasury. Bidders will be required to comply with all requirements associated with this funding soured specified in the Contract Documents.

X. In
-Use Off -Road Diesel-Fueled Fleet Certificate of Reported Compliance: Valid CARB Certificates of Reported Compliance as described in California Code of Regulations, Title 13, Section 2449(n) for fleets of vehicles subject to 13 CCR Section 2449 are required for this Project.

___________________________________ _________________
Signed, Jennifer Thompson, City Clerk Date

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

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CITY OF VICTORVILLE

CITY HALL SECURITY CAMERA EXPANSION
PROJECT CC25-022

SECTION A

INSTRUCTION S TO BIDDERS

1. INTRODUCTION
The City of Victorville is expanding the Avigilon Security Camera System and is requesting quotes to install cameras, hardware, associated cabling, and Network Video Recorder (NVR) at City Hall located at 14343 Civic Dr. Victorville, CA 92392. Scope of work is to include cabling and equipment installation, programming, commission of the equipment, and training of city staff. There are twenty -three (23) new camera locations throughout City Hall depicted on the Camera Layout Plan (See attached Exhibit A).

Also attached is a list of specified cameras and supporting equipment (See Exhibit B). The awarded contractor must be an authorized approved installer of Avigilon Security Camera Systems.

2. CONTRACT DOCUMENTS

Bidders may also download the Contract Documents for free at the City’s website as follows:
https://www.victorvilleca.gov/government/city-departments/finance/purchasing/bids . No registration is
required, but Bidders who use the City website to download Contract Documents and would like to be included in a list of plan holders to receive notices concerning the Project, must attend the Mandatory Pre-Bid Meeting on SEPTEMBER 18, 2024, at 11:00 A.M. PST , at City Hall, 14343 Civic Drive, Victorville, CA 92395.

3. ADDENDA TO THE CONTRACT DOCUMENTS
The City may issue Addenda to the Contract Documents during the period of advertisement for any reason. Addenda may be issued to answer pre-bid questions and/or to clarify or make any corrections in this solicitation. Bidders are encouraged to check the City website for released addenda frequently.

4. PRE-BID QUESTIONS

Prospective Bidders desiring an explanation or interpretation of this solicitation, plans, specifications, etc., must request it in writing from the Purchasing Division by no later than 12:00 p.m. PST on SEPTEMBER 25, 2024, in order to allow a reply to reach all prospective Bidders before the submission of their bids. Oral explanations or instructions given before the award of a Contract will not be binding. Any information given a prospective Bidder concerning this solicitation will be furnished promptly to all prospective Bidders as an addendum to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders.

5. BIDDER’S POINT OF CONTACT

All inquiries during the bid advertisement and other communications preceding any award of a construction Contract shall be directed to the Purchasing Division’s representative:

Celeste Calderon
Finance Specialist
760 955-5082
[email protected]

6. MANDATORY PRE-BID MEETING

All prospective bidders are invited and strongly encouraged to attend the mandatory pre-bid in person meeting on SEPTEMBER 18, 2024, at 11:00 A.M. PST at City of Victorville City Hall, 14343 Civic Drive, Victorville, CA 92392. Prospective bidders are encouraged to ask questions, address. Questions

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

Page 5 ends

may be submitted prior to the meeting, addressed during the jobwalk meeting, or per Section 4. Pre-Bid Questions above.

7. LIQUIDATED DAMAGES

The Contractor shall pay the City the sum of $500.00 per day for each and every calendar day delay in finishing the work in excess of the 180 Calendar days specified below as Liquidated Damages.

8. BEGINNING OF WORK AND TIME OF COMPLETION

Time being of the essence, the work under this contract shall be diligently prosecuted to completion before expiration of 180 Calendar Days beginning on the date specified in the Notice to Proceed.

9. BIDDER QUALIFICATIONS

Bidders shall be thoroughly competent and capable of satisfactorily performing the Work, and shall furnish statements of previous experience on similar projects/work on the forms provided in Section D.

10. CONTRACTOR'S LICENSE
All Bidders shall be licensed as a contractor at the time of contract award in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The successful Bidder must hold a valid C-7 California Contractor’s License. Bidder must be an authorized installer for Avigilon Security Camera systems. Any Bid submitted which does not comply with the provisions of this Section will be considered nonresponsive and be rejected.

11. DIR CONTRACTOR REGISTRATION PROGRAM

This Project is subject to compliance monitoring and enforcement by the DIR. No contractor or subcontractor may be listed on a Bid Proposal for a Public Works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. If contractor or subcontractor believes that such an exception in 1771.1(a) applies, it must provide the applicable exception(s) in its Bid Proposal. Even those contractors or subcontractors who qualify for an exception under 1771.1(a) must be registered with DIR at the time of award. For more information, please go to www.dir.gov under Labor Law Public Works.

12. EXAMINATION OF THE PROJECT SITE AND CONTRACT DOCUMENTS

Prior to submitting a Bid, Bidder shall participate in the mandatory pre-bid meeting and jobwalk visit to the Project Site and analyze the contents of the solicitation and Contract Documents in their entirety to satisfy itself that it has the abilities and resources to complete the Work. Prospective bidders are encouraged to address questions, problems, and other issues regarding this Project. BIDDERS WHO

DO NOT ATTEND THE MANDATORY PRE-BID MEETING AND JOBWALK WILL BE INELIGIBLE TO BID ON THE PROJECT . The Bidder agrees that if it is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents , the nature and amount of the Work, and/or the physical or climatic conditions of the Project Site.

13. SUBMITTAL OF THE BID

Bids shall be submitted in a SEALED ENVELOPE clearly marked “ATTENTION: FINANCE DEPARTMENT/PURCHASING DIVISION: BID FOR SECURITY CAMERA EXPANSION, CC25-022” and shall be accepted at Victorville City Hall’s main entrance, 14343 Civic Drive, Victorville, CA 92392.

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

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Each Bid Proposal must be signed, sealed, and submitted to the City by or before the date and time set forth herein, or as such deadline may be extended, or as amended by subsequent addenda.

Faxed or emailed Bid will not be accepted. The City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. Bids received after the Bid due date and time will be returned unopened.

14. BID PROPOSAL FORMS

The Bid Proposal forms are included in Section D of this bid package and must be completed in the manner specified therein and signed in blue or black ink before they are sealed and submitted. Bids are required for the entire Work. The costs for any Work s hown or required in the Contract Documents, but not specifically identified as a line item in the Bid Schedule included in Section D, are to be included in the cost of the related line item(s) and no additional compensation shall be due to Contractor for the performance of the Work. The amount of the bid for comparison purposes will be the sum of all the subtotals of each of the Bid Schedules in Section D (the “Total Base Bid”). The Bid Proposal Documents must be fully completed without interlineations, alterations, or erasures. Alteration of the proposal forms is prohibited. Any necessary corrections must be clear and legible and must be initialed by the Bidder or its authorized representative. Additional instructions accompany Bid Proposal forms in Section D. Failure to properly complete the Bid Proposal forms may result in rejection of the Bid as nonresponsive. AS

THIS SOLICITATION IS BEING FUNDED IN WHOLE OR IN PART WITH FEDERAL ARPA GRANT

FUNDS, BIDDERS MUST ALSO COMPLETE AND RETURN THE FORMS INCLUDED IN SECTION B - FEDERAL REQUIREMENTS AND FEDERAL FORMS. Failure to complete and return these Forms in accordance with the provisions of Section B will result in rejection of the Bid as nonresponsive.

15. BONDS AND GUARANTY REQUIRED

Each Bid Proposal submission must include all the Required Bid Documents and Proposal Forms (contained in Section C of the Contract Documents and listed on the Submission Certification form therein) and be accompanied by a certified or cashier's check, or by a corporate surety bond (Bidder’s Bond) on the form included therein. Such check or Bidder’s Bond is the Bidder’s guarantee that he/she/it will, if an award is made in accordance with the terms of his/her/its Bid Proposal, promptly secure the insurance and endorsements, Faithful Performance and Payment Bonds and Guaranty required by the Contract Documents and execute a Contract for the work on the required forms (see sample forms in Section D of the Contract Documents “Contract, Bond and Guaranty Forms” ). Said check or bidder's bond shall accompany and be enclosed in the same envelope with the Bid Proposal. Said Bidder’s bond shall be in an amount not less than ten percent (10%) of the total amount of the Bid Proposal.

The Faithful Performance and P ayment Bonds shall be for amounts not less than one hundred percent (100%) of the total amount of the Bid Proposal price named in the Contract. Bonds shall be issued by responsible corporate sureties, licensed and authorized to issue surety bonds in California.

The City reserves the right to reject any bond if, in the opinion of the Director of Community Services, the Surety's acknowledgment is not in the form included in the Contract Documents or in another form substantially as prescribed by law.

The successful Bidder shall also execute a Guaranty Form to warranty the work done and material provided for period of one (1) year to ensure the Contractor repairs or replaces any defective or faulty work or materials.

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

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16. SUBCONTRACTING

In accordance with the provisions of Sections 4100 through 4113, inclusive, of the California Public Contract Code (“Subletting and Subcontracting Fair Practices Act”), each Bidder shall submit with his/her/its Bid Proposal on the List of Subcontractors form included in Section C of the Contract Documents: the name and location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid (or in the case of the construction of streets, highways and bridges, in excess of one- half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater); and shall state the portion (type) and percentage of the total contract work which will be done by each such subcontractor. If no subcontractor is listed for a portion of the work, then the Contractor is required to perform that portion with his own forces.

The List of Subcontractors form must be completed in its entirety and submitted as part of Bidder’s Bid Proposal, together with all other Required Bid Documents and Proposal Forms. If there are no subcontractors, the form shall be submitted with “None” stated thereon.

The Contractor shall perform with its own organization contract work amounting to not less than fifty- one percent (51%) of the total original contract price. Specialty items may be performed by subcontract and the amount of any such specialty items perfor med may be deducted from the amount of work required to be performed by the contractor’s own organization. a. “Its own organization” shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime Contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor.

b. “Specialty Items” shall be construed to be limited to work that requires highly s pecialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract.

17. RETURN OF BID GUARANTY

The Bid Guaranties accompanying the Bid Proposals of the first, second and third lowest responsive and responsible bidders will be retained by the City until a Contract has been fully executed or all bids have been rejected. Thereafter, those Bid Guaranties, except bidder’s bonds and any guaranties which have been forfeited, will be returned to the respective bidders whose bids they accompanied. The Bid Guaranties submitted by all other unsuccessful bidders will be returned upon the City’s determination of the first, second, and third lowest responsive and responsible bidders.

18. WITHDRAWAL OF BIDS

Any Bid may be withdrawn by the Bidder at any time prior to the bid opening date and time specified in the Notice of Inviting Bids, as such may be extended by City-issued addenda. Any written request for a Bid withdrawal shall be submitted to the Bidder’s Point of Contact specified Section 5 of these Instructions. The request shall be executed by the Bidder or Bidder’s duly authorized representative and labeled “Subject: CITY HALL SECURITY CAMERA EXPANSION, CC25-022, Request to Withdraw Bid – Please Acknowledge Receipt” . A Bid withdrawal does not prejudice the right of the Bidder to resubmit a Bid prior to the bid opening date and time.

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

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19. RELIEF OF BIDDERS

Pursuant to the provisions of Public Contract Code Sections 5100 to 5110, a Bidder may be relieved of its Bid by the City for mistake. If the Bidder claims a mistake was made in the bid presented, the Bidder shall give the City written notice within five (5) Business Days after the date of opening of the Bids of the alleged mistake, which notice specifies in detail how the mistake occurred. Should the City determine that a Bidder mistake occurred, the Bidder shall be relieved from its bid and shall not forfeit its bid security.

Pursuant to Section 5105 of the Public Contract Code, a Bidder who claims a mistake shall be prohibited from participating in further bidding on the Project for which the mistake was claimed.

20. BID ANALYSIS AND DETERMINATION OF RESPONSIVENESS

After the Bids have been opened, the Bid Proposal Documents will be evaluated for responsiveness to the requirements of the Contract Documents. A copy of any documents relating to this solicitation can be obtained by the submission of a Public Records Request at:
https://www.victorvilleca.gov/government/city-
departments/city-clerk/records.

21. AWARD OF CONSTRUCTION CONTRACT

The City reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The Contract award, if any, will be made to the lowest responsible bidder whose bid is responsive to all the requirements set forth in Contract Documents. Such award, if made, shall be made within ninety (90) calendar days after the City’s opening of the bids. The Contractor's signature on the Bid Proposal form constitutes the Bidder’s commitment to perform all of the Work necessary to complete the Project upon the terms and conditions set forth in the Contract Documents for the prices set forth in the Bid Proposal, which Bid Proposal shall not be modified, withdrawn, or cancelled by the Bidder for a period of ninety (90) calendar days after the date the City opens the bids. The Bidder to whom the Contract is awarded shall be notified upon approval of the Contract by the City Council through a Notice of Award sent by the City’s Purchasing Division.

22. EXECUTION OF CONSTRUCTION CONTRACT

A construction Contract shall be signed by the successful Bidder and returned, together with the contract bonds (Faithful Performance and Payment Bond), proof of required insurance coverage and endorsements, and a copy of the Bidder’s City of Victorville Business License within ten (10) Business Days after the Bidder has received the Contract for execution. The S/M/WBE included in Section B must also be submitted within fifteen working days after Contract award.

23. FAILURE TO EXECUTE CONTRACT

Following award, the failure of the lowest responsive and responsible Bidder, the second low est responsive and responsible Bidder, or the third lowest responsive and responsible Bidder to timely execute the Contract, and provide the items set forth in Instructions to Bidders, shall result in the forfeiture of such Bidder’s Bid Proposal guaranty. The successful bidder may file with the City a written notice, signed by the bidder or the bidder’s authorized representative, specifying that the bidder will refuse to execute the Contract if it is presented. The filing of this notice shall have the same force and effect as the failure of the bidder to execute the Contract and furnish acceptable bonds, proof of insurance coverage and endorsements, and a City business license within the time hereinbefore prescribed.

24. PROHIBITED INTEREST

No member, officer, or employee of the City of Victorville engaged in the selection, award, or administration of this Contract shall have any prohibited conflict of interest, whether real or apparent, in

Instructions to Bidders CITY HALL SECURITY CAMERA EXPANSION CC25-022

Page 9 ends

this Contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no member, officer, or employee of the City has any interest, whether contractual, non- contractual, financial, or otherwise, in this transaction or in the business of the contracting party other than the City, and if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of such information will be made, in writing, to the other party or parties; even if such interest would not be considered conflict of interest under A rticle 4 (commencing with Section 1090) or Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the California Government Code.

25. INSURANCE REQUIREMENTS COMMERCIAL GENERAL AND AUTOMOBILE

LIABILITY INSURANCE INSURANCE

a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:

(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million ($2,000,000) 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 Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.

(3) Workers’ Compensation Insurance: Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

(4) Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $1,000,000, $2,000,000, $5,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not lim ited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Vendor.

b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:

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(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 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) Proo f 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) Reserved.

(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.

26. ANTITRUST CLAIMS

As required by Government Code Section 4552, in submitting a Bid to the City, Bidder offers and agrees that, if the Bid is accepted, it will assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Section 15) or under the Cartwright Act (Chapter

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2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Bidder for the sale to City pursuant to the Bid. Such assignment shall be made and become effective at the time City tenders final payment to Bidder.

27. DISPUTE RESOLUTION

Except for such claims as defined in and covered by California Public Contract Code section 9204 (the full text of which is set forth in Section 2-10 of the Special Provisions) any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof shall be settled in the manner set forth in Section 6.b of the Contract.

28. PREVAILING WAGE AND OTHER STATE LABOR LAWS

a. State – In accordance with the provisions of California Labor Code Sections 1720, 1770-1776, 1810, 1813, and 1815, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Labor Code Section 1773 for the locality in which the Work is to be performed. It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor under the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work, and shall post a copy of said wage rates at the project site.

b. Federal – The general Federal prevailing rate of wages, as determined by the Secretary of Labor are included in Section B of the Contract Documents (General Federal Wage Decision); provided, that if there is any difference between the State or Federal wage rate for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates.

c. Payment of State Wages Required when Higher. Payment of State prevailing wage rates, when higher than Federal 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 and be paid by all Contractors and subcontractors performing work on this Project.

AB219 (as applicable) adds Section 1720.9 to the Labor Code the hauling and delivery of ready- mixed concrete to carry out a public works contract, with respect to contracts involving state agency and subdivision of the state Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready -mixed concrete and the party that engaged its services.

Effective September 1, 2020, ready-mix concrete companies will be required to submit payroll online to DIR using its electronic certified payroll reporting system . Please note that this requirement applies
only to the certified payroll records required by section 1776(a) of the Labor Code. The separate written time records certified by ready-mix drivers do not need to be uploaded into the electronic certified payroll report system and are only required to be submitted to the Labor Commissioner’s Office upon request.

Assembly Bill 219 governs concrete delivery on public works projects and became effective on July 1, 2016. The amendments added new section 1720.9 to the Labor Code, which provides:
• A company hauling or delivering ready-mix concrete for a public works contract shall:
o Register as a public works contractor.

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o Submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the company and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties. • Nothing in section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

The Contractor and all subcontractors shall comply with all Federal and State laws, regulations, and guidelines required in the performance of the contract. Copies of the updated Wage Determination rates are available to any interested party, by visiting www.wdol.gov for Federal and www.dir.ca.gov for State of California. Additionally, copies of the State prevailing rate of per diem wages and Federal wage determination rates are on file at the City of Victorville Finance Division, and shall be made available for review to any interested party on request.

Revisions to the General Federal Wage Decision shall be identified by the issuance of addenda, and the final Contract between the City and the contractor will physically include the applicable General Federal Wage Decision as revised by addenda, if any such addenda have been issued.

Both the prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract a wage not less than the highest wage applicable for their work classification, as specified in the Federal General Wage Decision that can be downloaded from http://www.access.gpo.gov/davisbacon/.

Contractor is responsible for using the correct wage decision. An error on the part of any awarding body does not relieve the contractor from the responsibility for payment of the correct prevailing wage and penalties, pursuant to the provisions and sections of Labor Code (1770-1776).

In accordance with the Instructions to Bidders and applicable Fed eral regulations, the General Federal Wage Decision that is in effect on the date of the bid opening, as long as the Contract is awarded within 90 days of said date, locks in that Federal Wage Decision for the entire duration of the Project. If the contract is not awarded within such 90-day period, the date of the award of the Contract would be the date used in determining the applicable Federal Wage Decision.

NOTE: A CERTIFIED PAYROLL from the Contractor and subcontractors must be submitted weekly to the City. Payment of invoice(s) may be delayed when certified payrolls are not current.

29. ELECTRONIC CERTIFIED PAYROLL REPORTING (eCPR)

Contractors and subcontractors on all public works projects awarded on or after April 1, 2015, must use this system to furnish certified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information, please go to www.dir.gov under Labor Law Public Works.

A CERTIFIED PAYROLL is required with each invoice to the City.

As stipulated in Section 23 – if the State of California Prevailing Wage is higher, Contractors and subcontractors on all public works projects must use this system to furnish certified payroll records (CPRs) to the Labor Commissioner. However, the City requires paper copies of all CPRs for audit purposes by the FAA.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

30. APPRENTICES ON PUBLIC WORKS

The Contractor shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works projects. Prior to commencing wor k on a contract for public works, contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public works. Contractor and

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subcontractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at http://www.leginfo.legislature.ca.gov/).

31. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the “EO”) regarding economic sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf .

As a contractor/consultant submitting a bid/proposal to perform work or provide services on a grant- funded project, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified i n the EO and the sanctions identified on the U.S. Department of the Treasury website at https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions.

By submitting a bid/proposal, contractor/consultant represents that it is not a target of economic sanctions. Should it be determined that contractor/consultant is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the contractor/consultant’s bid/proposal at any time prior to agreement/contract execution, or, if determined after execution, shall be grounds for termination of said agreement/contract.

32. ATTORNEY’S FEES

Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the parties to this Contract concerning this Contractor the rights and duties of either in relation thereto, the parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

33. 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',

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Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter - Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

b. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification provisions provided for herein from all Subcontractors.

34. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

35. TERMINATION FOR DEFAULT

In the event either party fails to perform its obligations hereunder, the non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing,

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the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Contract. Compliance with the provisions of this Section shall be a conditi on precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

36. DISPUTES

Except for such claims as defined in and covered by California Public Contract Code section 9204 any controversy or claim arising out of or relating to the provisions of any Construction Contract awarded for this project, or the breach thereof shall be settled by arbitration, in accordance with the Rules of the American Arbitration Association, unless the parties agree, in writing, to some other form of alternative dispute resolution.

37. OWNERSHIP OF DOCUMENTS

All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Contract shall be the property of the City and shall be delivered to the City upon request of the Director of Community Services or her designee or upon the termination of this Contract, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to the City of any documents or materials prepared by them, and in the event, Contractor fails to secure such assignment, Contractor shall indemnify the City for all damages resulting there from.

38. PAYMENT

On or about the first of each calendar month, the Contractor shall request payment for the work performed prior to such date. Each payment request shall be accompanied by the updated progress schedule indicating progress achieved to that date.

Upon approval by the Director of Community Services, or her designee, of the Contractor's estimate of work completed, the City will make a progress payment to the Contractor equal in amount to the approved estimate less a retention of five (5) percent and less the total of all previous payments. Retention held will be released 45 days after the Notice of Completion has been accepted by the City Council.

In preparing estimates, the material delivered on the site, preparatory work done, and the cost of bonds and insurance paid may be taken into consideration.

The making of any payment to the Contractor under this Contract shall not relieve the Contractor of its obligation hereunder. The Contractor is obligated to complete the Contract in its entirety and to deliver to the City such completed work, finished product or structure as is specified in the Contract, at the time or times specified, and until this Contract is fully performed by the Contractor and the work, product, or structure produced thereby is accepted by the City, the Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed work or structure, or any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen, or otherwise injured in any way; provided, however, that with respect to any major unit of the type mentioned in this section, this particular obligation of the Contractor will terminate upon the completion of the Contract and acceptance by the City of such major unit, and provided further that all work, any structure, materials, and equipment covered by any partial payment is made.

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When a "Notice to Withhold" is served upon the City, pursuant to the lien statutes of the State of California, to withhold sufficient funds from payments to the Contractor in support of a claim resulting from default by the Contractor in payment for labor or materials used in the execution of this Contract, the City will withhold from payments due the Contractor, an amount of money equal to the amount of the claim stated in the "Notice to Withhold," and an additional amount equal to twenty-five percent (25%) of the amount of said claim to defray any costs of litigation in the event of court action on the claim, for a total withholding of one and one-quarter (1¼) times in the stated amount of the claim.

The Contractor will be required, in requests for payment, to certify, under penalty of perjury, the following:

1. No workmen were required or permitted to work more than eight (8) hours in any one calendar day, except in cases of emergency, and except as provided by law.

2. Not less than the prevailing rates, as set forth in the Contract for this work, have been paid all laborers, workmen, and mechanics employed to perform this work.

3. There were no substitutions of subcontractors, no assignments or transference of subcontractors, except as approved by the Director of Public Works/Water or his designee.

4. All of the provisions of the Contract Documents and the Victorville Municipal Code, pertaining to non-discrimination in employment have been complied with.

5. The Record Drawings maintained on the job have been noted with all changes made subsequent to the previous request for payment.

6. The Map and Drawings have been submitted and approved by the Contractor or the Director of Community Services, or his/her designee, as applicable.

The Contractor warrants and guarantees that title to all work, materials and equipment covered by an application for payment will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances - hereinafter referred to in this section as "liens".

PROOF OF PAYROLL AND LIEN RELEASES - The City shall make payments on any properly completed payment request submitted by the Contractor. Contractor and subcontractors on all public works projects must use the Department of Industrial Relations Electronic Certified Payroll Reporting system to furnish certified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information, please go to www.dir.ca.gov under Labor Law Public Works.

Proof of Payroll submissions, copy of Certified Payrolls, and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Proofs of Payroll submissions and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).

39 SEVERABILITY

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Construction Contract meaningless.

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40. WAIVER

No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default 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 Construction Contract.

41. UNFAIR BUSINESS PRACTICE CLAIMS

In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

42. PROTECTION OF EXISTING UTILITIES

The Proposer shall call Underground Service Alert (USA) at (800) 422-4133, two (2) working days in advance of beginning work so they can mark utilities. Whenever the improvement requires the relocation or replacement of an existing utility under the Contract, this information will be shown on the Plans. Unless this notation is shown on the Plans, the Proposer shall assume that the utility is to remain in place or be relocated or replaced by others.

The Bidder is responsible for the protection of any utilities and for any damage to any such utility during the prosecution of the work. Any damage to a utility shall be repaired to the satisfaction of the organization owning the facility. DISTRICT reserves the right, if so, requested by the owning utility, to permit the owning utility to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Bidder.

43. RECYCLING, SALVAGE, AND LANDFILL DIVERSION

The City encourages innovative approaches to recycling, reuse, or salvage. The City is mandated by the State of California to implement programs to reduce the amount of waste sent to landfill by 50% by the year 2000 and beyond. In addition, the Victorville Municipal Code (Title 6—Health and Sanitation, Chapters 6.36 and 6.37 require the separation of designated materials for recycling. Contractors performing work for the DISTRICT will be required to comply with all waste recycling and diversion laws.

Construction and Demolition Material Recycling:

The 2019 California Green Building Standards Code (CalGreen) Sections 4.408 and 5.408 and the City Development Code (Title 16, Chapter 5, Article 11) and subsequent updates require all building permit applicants to develop and submit a Construction Waste Management Plan. Current CalGreen standards currently require that 65% of non-hazardous construction waste be diverted from landfill. In addition, construction projects that include land clearing activities are required to divert 100% of trees, stumps, rocks, and associated vegetation and soils resulting primarily from land clearing.

In order to comply with this State mandate, the City requires all contractors that are bidding on construction and/or demolition projects which require permits to fill out the attached “Construction/Demolition Waste Recycling Plan”. The plan outlines how the contractor will divert 65% of

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waste material from the landfill in order to achieve the State goal. At a minimum, contractors must divert scrap metal, concrete, asphalt, green waste/vegetation materials, non-hazardous wood waste, and soil.

The successful contractor will also be required to complete and submit the attached “Summary Waste Disposal and Diversion Report” (SWDDR) at the end of the project. Weight slips documenting actual amounts disposed and diverted must accompany the SWDDR. The SWDDR must be completed at the conclusion of the project and must be submitted to the contract administrator before final payment wil l be made.

Recycling and Organic Waste Material Diversion Requirements: CA State Law SB 1383 and Victorville Municipal Code Title 6 (Health and Sanitation), Chapters 6.36 and 6.37 mandate the diversion of organic materials and other designated recyclable materials from landfill. Organic materials include vegetation (tree trimmings, leaves, grass clippings, weeds, brush, etc.) as well as non-hazardous wood waste. Contractors are required to comply with waste diversion/recycling mandates and must implement procedures to properly separate all waste materials and participate i n City waste diversion programs.

Contractors who need information on local scrap metal recyclers, asphalt and concrete recyclers, or organic material (vegetation/wood) recyclers should contact the City Environmental Programs Division at (760) 955-8615.

44. HIRING OF UNDOCUMENTED IMMIGRANTS PROHIBITED

Contractor shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Contract unless such person is properly documented and legally entitled to be employed within the United States.

45. GENERAL CIVIL RIGHTS PROVISIONS

The Contractor agrees to comply with pertinent statues, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal Assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.

46. AMERICAN WITH DISABILITIES

The Bidder shall comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

47. CONTRACTOR'S RESPONSIBILITIES

The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work in order to secure the safety of the workmen, the quality of work required, and the stipulated rate of progress. It shall be the Contractor's responsibility to perform the work strictly in accordance with the Specifications and original contract drawings and any revisions as may be made therein by the Director of Community Services, or hi s/her designee, from time to time in the form of revised contract drawings or written change orders issued.

The Contractor shall assume the defense of and indemnify and save harmless the City, its officers and agents from all claims of any kind arising from its own negligence or that of its agents in the performance of the contract.

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The Contractor shall be responsible for the custody of any material furnished for the care of all the work until its completion and final acceptance, and Contractor shall, at Contractor's own expense, replace damaged or lost material and repair damaged parts of the work, or the same may be done at Contractor's expense by the City.

During the progress of the work, the Contractor shall keep the premises, occupied by, in a neat and clean condition, and free from any unsightly accumulation of rubbish. Contractor shall remove from the vicinity of the completed work all plant, building, rubbish, unused materials, concrete forms, and equipment belonging to Contractor or used under Contractor's direction during construction, and in the event of failure to do so, the same may be removed by the City at the expense of the Contractor.

Should the contractors need to use a privately owned property to store, stage, or operate equipment from a property that is not the subject of the actual demolition, the Contractor shall be responsible to secure permission from property owner to use such property and shall be responsible to ensure the property is free of debris or alterations upon demolition completion. Such requirement to secure owner permission shall not be needed if the City’s Code Enforcement Officer secures a court order which explicitly allows for such occupancy or activity on the specified parcel.

48. DELAYS AND EXTENSIONS OF TIME

When delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in this section. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor, required extra work, or other specific events as may be further described.

No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnished documentary proof to the Director of Community Services or his/her designee of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.

When delays, beyond the Contractor's control, are caused by events other than those mentioned above, but substantially equal in gravity to those enumerated, and an extension of time is deemed by the Director of Community Services or his/her designee to be in the best interest of the City, an extension of time may be granted, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in this section.

When delays, beyond the Contractor's control, are caused solely by action or inaction by the City, such delays will entitle the Contractor to an extension of time as provided in this section.

Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did or will delay the progress of the work.

The Contractor will be compensated for damages incurred due to delays for which the City is responsible if such delays are unreasonable in the circumstances involved and were not within the contemplation of the parties when the Contract was awarded to the Contractor. Such actual costs will be determined by the Director of Community Services or his/her designee. The City will not be liable for, and in making this determination, the Director of Community Services or his/her designee will exclude all damages which the Director of Public Works/Water or his/her designee determines the Contractor could have avoided by any reasonable means including, without limitation, the judicious handling of forces, equipment, or site.

If the Contractor desires payment for a delay, or damages, or an extension of time, as specified in this section, the Contractor shall, within two (2) days after the beginning of the delay/damages, file with the City a written request and report as to the cause and extent of the delay and an itemized request for payment, if

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applicable. Failure, by the Contractor to file these items within the times specified, will be considered grounds for refusal by the City to consider such request.

49. DRUG-FREE WORKPLACE REQUIREMENTS

The Contractor and all subcontractors shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Sections 8350 et seq.).

50. PUBLIC RECORD

Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and be made upon request, unless otherwise marked. The Bidder must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Bidder claims are exempt from disclosure pursuant to the California Public Records Act.

51. EMPLOYMENT OF LOCAL LABOR

The City requests employment of local labor, whenever possible, shall be made in the construction of the projects receiving public funds. Accordingly, every Contractor and subcontractor undertaking to do work on any such project which is or reasonably may be done as onsite work, shall employ, in carrying out such contract work, qualified persons who regularly reside in the designated area where such project is to be located, or qualified persons who regularly reside in the area or in the adjacent or nearby regional areas within the High Desert Region and/or Southern California Region, except:

a. To the extent that qualified persons regularly residing in the designated area or regional area are not available
b. For the reasonable needs of any such contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an efficient execution of the contract c. The Contractor shall give full consideration to all qualified subcontractors referred by the local municipality, chamber of commerce or construction plan rooms, but is not required to employ any subcontractor referred whom the Contractor does not consider qualified to perform the classification of work required.

52. VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENTS

This Project is subject to the regulation(s) of the California Air Resources Board (“CARB”) listed in this Section. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all equipment and vehicle emission requirements under applicable law in its Bid.

Advanced Clean Fleets
Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the CARB Advanced Clean Fleets (“ACF”) regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.

Each Bidder shall submit with its Bid a valid CARB certificate of reported compliance with ACF for its fleet and its TRUCRS ID (Fleet Identification Number). Bidders utilizing subcontractors shall further provide a valid certificate of reported compliance for each subcontractor listed on the List of Subcontractors Form and include the TRUCRS ID number for each subcontractor in the space provided on said form. Unless exempt, all Bidders and their respective subcontractors must be registered as ACF compliant fleets at the time of bid submittal.

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In the event that a Bidder and/or its subcontractors are exempt from the ACF regulations, the Bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation (Title 13, Sections 2015 through 2015.6 of the California Code of Regulations (“CCR”)) and the State and Local Government Fleets Regulation (Title 13, Sections 2013 through 2013.4 of the CCR). Each Bidder shall also submit signed statements from each of its subcontractors who are claiming exemption from the ACF regulations.

Failure to certify as a compliant fleet or provide an attestation to an exemption may render the bid non- responsive.

In-Use Off-Road Diesel-Fueled Fleets
Effective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (Title 13 California Code of Regulations (“CCR”) Section 2449 et seq., the “Off-Road Regulation”) which apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). A copy of the Off- Road Regulation may be obtained by visiting:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.

Bidders are required to comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off-Road Regulation (as codified 13 CCR Section 2449 et seq.) throughout the term of the Project.

The City of Victorville is a Public Works Awarding Body, as that term is defined in 13 CCR Section 2449(c)(46). Accordingly, Bidders must submit with their Bids, valid Certificates of Reported Compliance issued by CARB (“CRCs”) for the Bidder’s fleet, and for the fleets of any subcontractors listed on List of Subcontractors Form. Bidders must also:
(1) Include the DOORS ID number for each subcontractor listed on the List of Subcontractors Form in the space provided; and
(2) (2) complete and submit the Fleet Compliance Certification Form. Failure to provide valid CRCs for the Bidder and all listed subcontractors, or failure to complete and submit the Fleet Compliance Certification Form may render the Bid non-responsive.

Contractor shall comply with and ensure that all its subcontractors comply with all applicable requirements of the CARB regulations in Title 13, Division 3, of the California Code of Regulations, including without limitation, all applicable provisions of Chapter 9, as such may be amended from time to time.

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet(s), including without limitation, CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep, or maintain pursuant to CARB regulations upon two (2) calendar days’ notice from the City of Victorville.

Contractor shall be solely liable for any and all costs associated with complying with the regulations as well as for any and all penalties, fines, damages, or costs associated with any violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any claims, liabilities, costs, penalties, interest, or other damages arising out of any failure or alleged failure to comply with CARB regulations.

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
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SECTION B:

FEDERAL REQUIREMENTS AND FEDERAL
FORMS

CITY HALL SECURITY CAMERA EXPANSION

PROJECT CC25

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CITY OF VICTORVILLE

CITY HALL SECURITY CAMERA EXPANSION
PROJECT CC25-022

FEDERAL FUNDING/GRANT REQUIREMENT PROVISIONS

1. Contractor is hereby advised and acknowledges that the Project, and any agreement or contract awarded pursuant to this RFP, is being funded in whole or in part with federal assistance under the American Rescue Plan Act (the “ ARPA”) Pub. L. No. 117-2 (March 11, 2021); specifically, Sections 602 and 603 of the Social Security Act (the “Act”) as added by Section 9901 of the ARPA, which established the Coronavirus State and Local Fiscal Recovery Funds (the “CSLFRF”). Such funding is provided in accordance with and is subject to the terms and conditions of the CSLFRF financial assistance agreement between the U.S. Department of the Treasury (“Treasury”) and the City, signed May 11, 2021 (the “City Award”). The City Award is ATTACHMENT B-1 and is expressly incorporated herein by reference.

2. Reserved.

3. By submitting a Bid for the Project, Contractor agrees to comply with the laws, provisions, and regulations listed herein; all other applicable federal statutes, regulations, and executive orders; and to further provide for such compliance in any agreements/contracts it enters into with other parties (by inserting a provision into any subcontracts or subcontractor agreements making them subject to all of the provisions stipulated herein) for any work or services relating to the Project.

4. Contractor acknowledges and agrees that the provisions of this Section B and its attachments shall be annexed as Exhibit “B” to its Contract with the City in the event of an award.

5. The laws, provisions, and regulations relating to this Project and with which Contractor is required to comply, include without limitation, all of the following:

a. The requirements of Section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.

b. Federal regulations specified in the City Award, which include without limitation, the following:

(i) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as Treasury may determine are inapplicable to the City Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

(ii) Universal Identifier and System for Award Management (SAM), 2 CFR Part 25, pursuant to which the award term set forth in Appendix A to 2 CFR Part 25 is hereby incorporated by reference.

(iii) Reporting Subaward and Executive Compensation Information, 2 CFR Part 170, pursuant to which the award term set forth in Appendix A to 2 CFR Part 170 is hereby incorporated by reference.

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(iv) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury’s implementing regulation at 31 CFR Part 19. Contractor must complete the certification in ATTACHMENT B-2 and comply with all provisions of said certification.

(v) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 CFR Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

(vi) Governmentwide Requirements for Drug-Free Workplace, 31 CFR Part 20.

(vii) New Restrictions on Lobbying, 31 CFR Part 21, pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 3152). See provisions in Subsection j.(ix) below for requirements and required certification.

(viii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

(ix) Generally applicable federal environmental laws and regulations.

c. Statutes and regulations prohibiting discrimination applicable to the Project and Contractor, including, without limitation, the following:

(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 CFR Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance (see subdivision d, below for required assurances);

(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;

(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and

(v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

d. The Civil Rights Restoration Act of 1987 which requires the following assurances:

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(i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

(ii) Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations.

Accordingly, Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Contractor ’s programs, services, and activities.

(iii) Contractor agrees to consider the need for language services for LEP persons when Contractor develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov .

(iv) Contractor acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor’s successors, transferees, and assignees for the period in which such assistance is provided.

(v) Contractor acknowledges and agrees that it must require any sub- grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances (i)-(iv) above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor the Contractor ’s sub -grantees, contractors, subcontractors, subconsultants successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of; or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
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program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

e. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, as set forth in 2 CFR Section 200.321.

(i) If subcontracts are to be let, Contractor must take all affirmative steps pursuant to Section 200.321 to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used whenever possible. Affirmative steps include:

A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

E. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce

(ii) If selected for award, Contractor must submit a Small and Minority Businesses, Women's Business Enterprise (S/M/WBE) and Local Surplus Area (LSA) Firm Outreach Plan attached hereto as ATTACHMENT B-3 within 5 (five) days of contract execution to the City for approval. The City will accept the S/M/WBE and LSA Firm Outreach Plan or offer recommendations to ensure S/M/WBE and LSA Firm Outreach Plan includes all necessary affirmative steps to meet the intent of 2 CFR § 200.321. Contractor shall revise its S/M/WBE Outreach Plan to incorporate City input as applicable. Upon the City’s acceptance of the S/M/WBE and LSA Firm Outreach Plan, Contractor shall submit updates to the City quarterly. S/M/WBE and LSA Firm Outreach Plan update should include efforts taken within the period to assure that minority businesses, women's business enterprises, and labor surplus area firms were utilized when possible.

f. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles.

g. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
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messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers.

h. Conflict of Interest. By submitting a Bid and executing a contract with the City, Contractor certifies that it that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant under the Contract or with respect to the funding thereof, in accordance with 2 CFR Part 200 (including 2 CFR Sections 200.112 and 200.318(c)). Contractor shall provide all additional information necessary for the City to fully assess and address such actual or potential conflict of interest and agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution the Contract. Contractor further agrees to complete any statements of economic interest if required by either City ordinance or State law and further certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under the Contract and does not know of any fact which constitutes a violation of any conflict of interest law, including Section 87100 et seq. or Section 1090 et seq. of the California Government Code.

i. Records Retention and Access. Contractor certifies that it will comply with the records retention and access requirements detailed in 2 CFR § 200.334 and 200.337, as well as any additional requirements that may be imposed by the Act or Treasury regulations.

Contractor further certifies that it will retain all records as required by 2 CFR § 200.334 for a period of five (5) years after it receives City notice that City has submitted final expenditure reports or quarterly or annual financial reports for the Project, as applicable, and all other pending matters are closed. Contractor acknowledges and agrees that the Treasury, Inspectors General, the Comptroller General of the United States, the City, or any of their authorized representatives, shall have the right of access to any documents, papers, or other records of Contractor which are pertinent to the Project by virtue of the Federal award by which it is funded, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to Contractor ’s personnel for the purposes of interview and discussion related to such documents. The provisions of this Section shall govern over any conflicting provisions in the Contract.

j. Federal contract provisions required by Appendix II to 2 CFR Part 200 (2 CFR § 200.327), as applicable:

(i) R emedies for Breach - Appendix II to Part 200, Subd. (A). The provisions of Section 8 of the Contract provide remedies and penalties for breach of the Contract.

(ii) Termination for Cause/Convenience - Appendix II to Part 200, Subd. (B). The Special Provisions in Section A of the Bid Package, as well as the provisions of Sections 7 and 8 of the Contract include remedies for breach and termination for cause and convenience.

(iii) Equal Employment Opportunity - Appendix II to Part 200, Subd. (C). Except as otherwise provided under 41 CFR Part 60, all contracts meeting the definition of a “federally assisted construction contract” in 41 CFR § 60-1.3, must comply.

Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
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Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 CFR Chapter 60:

During the performance of this Contract, Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor , state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor 's legal duty to furnish information.

D. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
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purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The Contractor will include the portion of the sentence immediately preceding paragraph A and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued purs uant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participatin g is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that i t will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eli gibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
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of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

(iv) Davis-Bacon and Copeland “Anti -Kickback” Act - Appendix II to Part 200, (Subd. (D)). Not applicable to this solicitation (See CSLFRF Final Rule FAQ).

(v) Contract Work Hours and Safety Standards Act – Appendix II to Part 200 (Subd. (E)). Applicable to all contracts in excess of $100,000 that involve the employment of mechanics, laborers (including watchmen and guards (as defined by federal law and regulation), or construction work, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence).

A. Contractor and all subcontractors shall comply with the Contract Work Hours and Safety Standards Act, 40 USC 3701 through 3708 (including sections 3702 and 3704), as supplemented by Department of Labor regulations at 29 CFR Part 5, which are incorporated herein by this reference.

B. Contractor and all subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is subject to conditions, as stated in the Act and regulations. No laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety.

(vi) Rights to Inventions Made Under a Contract or Agreement - Appendix II to Part 200 (Subd. (F)). Contracts or agreements for the performance of experimental, developmental, or research work (meeting the definition of “funding agreements” (see 37 CFR Part 401)) shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any applicable implementing regulations.

(vii) Clean Air Act and Federal Water Pollution Control Act - Appendix II to Part 200 (Subd. (G)).

A. For all contracts in excess of $150,000, Contractor agrees to comply with: (1) all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.; and (2) all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251et seq.

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B. Contractor further agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the U.S. Treasury Department, and the appropriate Environmental Protection Agency Regional Office.

C. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

(viii) Debarment and Suspension - Appendix II to Part 200 (Subd. (H) and requirements and certification as specified in Subsection 5.b.(iv) of this Section B).

(ix) Byrd Anti -Lobbying Amendment – Appendix II to Part 200 (Subd.(I)) and Subsection 5.b.(vii) of this Section B).

A. Contractor, and each tier to the tier above, certifies that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with the making or obtaining of any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.

B. Contractor shall file the required certification, ATTACHMENT B-4, Certification Regarding Lobbying, attached hereto and incorporated herein, and shall obtain such certifications for all subcontracts in excess of $100,000.

(x) Procurement of Recovered Materials - Appendix II to Part 200 (Subd. (J) and 2 CFR § 200.323). Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurement-guideli ne-cpg-
program.

(xi) Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment – Appendix II to Part 200 (Subd. (K) and 2 CFR § 200.26). Contractor is prohibited from obligating or expending loan or grant funds to:

A. Procure or obtain;

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Page B-11
B. Extend or renew a contract to procure or obtain; or

C. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(2) Telecommunications or video surveillance services provided by such entities or using such equipment.

D. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(xii) Domestic Preferences for Procurement – Appendix II to Part 200 Subd. (L) and 2 CFR § 200.322.

A. As appropriate, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

B. For purposes of this clause:

(1) Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

k. Whether or not expressly set forth herein, all contractual provisions and grant conditions or assurances required by Treasury (including as may be amended or promulgated from Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Page B-12
time to time) are hereby incorporated herein by reference. This Contract may be amended to further incorporate and expressly state new, revised, and or subsequent contractual provisions or grant conditions as may be required by ARPA and/or Treasury. In the event of any conflict between any provision of the Contract, this Section B, or any federal or Treasury term, condition, or requirement, the stricter standard shall apply. Contractor shall refer any inconsistency or perceived inconsistency between this Contract and any federal requirement to City for guidance. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests that would cause City to be in violation of any federal, ARPA, or Treasury term, condition, or requirement.

I have read and acknowledged these FEDERAL FUNDING/GRANT REQUIREMENT

PROVISIONS

_________________________________________ ___________________________ Signature of Contractor’s Authorized Officer

_______________________________________________________________________ Name and Title of Contractor’s Authorized Officer

_________________________________________________
Date

The following Attachments (signed and completed as noted) are included:

B-1 – CITY AWARD (no signature or completion required)

B-2 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

B-3 - S/M/WBE AND LSA FIRM OUTREACH PLAN (to be completed and retuned within 5 days if contract awarded); and

B-4 - NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACT

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-1 CITY AWARD Page B-13

ATTACHMENT B-1

CITY AWARD

OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS

Recipient name and address:

DUNS Number:

Taxpayer Identification Number:

Assistance Listing Number: 21.019

Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.

Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.

Recipient:

__________________________________________________
Authorized Representative:

Title:

Date signed:

U.S. Department of the Treasury:

__________________________________________________
Authorized Representative:

Title:

Date:

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 City Manager
093240653
Victorville, California, 92392-2399
952235918
14343 Civic Dr
Submitted
5/11/2021
SLT-1110
Keith Metzler
City of Victorville

2 U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act) , Treasury’s regulations implementing that section , and guidance issued by Treasury regarding the foregoing.

b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning , management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing th at section, and guidance issued by Treasury regarding the foregoing.

b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.

c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467

3 Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.

b. Federal regulations applicable to this award include, without limitation, the following:

i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.

ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.

viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

ix. Generally applicable federal environmental laws and regulations.

c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467

4 ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;

iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which proh ibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and

v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act.

Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.

b. Any debts determined to be owed the federal government must be paid promptly by DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467

5 Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a d ebt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.

b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS

ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964

As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

2 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 OMB Approved No. 1505-0271
Expiration Date: November 30, 2021

3 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.

_________________________________
Recipient Date

_________________________________
Signature of Authorized Official

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associat ed with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1 500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 City of Victorville 5/11/2021

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-2 - DEBARMENT CERT Page B-14
ATTACHMENT B-2

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or Contractor receiving Federal funds, as well as any subcontractors that the agency or Contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, and 31 CFR Part 19 and 2 CFR part 180, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any Contractor that is debarred, suspended, or ineligible under 31 CFR Part 19.

Instruction for Certification

1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

2. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

4. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-2 - DEBARMENT CERT Page B-15

7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspensi on and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions

1. Contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with, commission of any of the offenses enumerated in paragraph 2 of this certification, and

4. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

5. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.

____________________________________________
Name (Typed)
____________________________________________
Title and Organization Name (Typed)
____________________________________________
Signature
____________________________________________
Date

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-3 - S/W/WBE/LSA ORPLAN Page B-16
ATTACHMENT B-3

S/M/WBE AND LSA FIRM OUTREACH PLAN
Project Number: ______________
Contractor: ___________________
Submittal #: __________________
In this section, the Contractor is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE) and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.

1. Identify the items of work made available to S/M/WBEs and LSAs. Provide a description of the work items, approximate dollar amount and the percentage of the total Contract value.

Description of Work
Item
Contractor
Normally
Performs (Y/N)
Unbundled from
Larger Scope (Y/N)
If Yes, List Scope
Amount ($) Percentage
of Contract

2. Describe the outreach efforts to identify S/M/WBEs and LSAs on this Agreement, list agencies/associations/databases consulted and the date, method and result of the outreach efforts (examples include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Small Business Development Centers, DGS).

3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEs and LSAs were solicited and had sufficient information about subcontracting opportunities on this Contract.

Include the date and method of the outreach efforts.

Agency/Association/
Chamber/Database
Name
Contact
Name
Method of
Outreach
(Fax, Email, Phone,
etc.)
Date of
Outreach
Response/Outcom
e

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-3 - S/W/WBE/LSA ORPLAN Page B-17
S/M/WB
E and
LSA
Firm
Name
Contact
Name/Title

Business
Type
(Small/
Minority/
Women)
Outreach
Method
(Fax,
Email,
Phone,
etc.)

Initial
Outreach
Date
Follow-Up
Date

Resp
onse/
Inter
ested
in
Biddi
ng
(Y/N)

4. Detail methods utilized to determine whether S/M/WBEs and LSAs were qualified:

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

5. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEs and LSAs on this Agreement. Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEs and LSAs.

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-3 - S/W/WBE/LSA ORPLAN Page B-18

6. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Agreement to promote S/M/WBE and LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEs and LSAs would be performing.

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Note: USE ADDITIONAL SHEETS NECESSARY TO DEMONSTRATE
RESPONSIVENESS.

____________________________________________
Name (Typed)
____________________________________________
Title and Organization Name (Typed)
____________________________________________
Signature
____________________________________________
Date

CITY OF VICTORVILLE , CALIFORNIA
Federal Requirements and Forms CITY HALL SECURITY CAMERA EXPANSION SECTION B CC25-022
Attachment B-4 – NON-LOBBYING CERT Page B-19
ATTACHMENT B-3

NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACT
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, T itle 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

__________________________________________ ___________________________ Signature of Contractor/Contractor’s Authorized Officer Date

___________________________________________________________________________ Name and Title of Contractor’s/Contractor’s Authorized Officer

CITY OF VICTORVILLE , CALIFORNIA

TECHNICAL SPECIFICATIONS CITY HALL SECURITY CAMERA EXPANSION Scope of Work CC25-022
Page C-1

FEDERAL WAGE DECISION

"General Decision Number: CA20240026 08/23/2024
Superseded General Decision Number: CA20230026
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)(1).
______________________________________________________________ |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 $17.20 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 2024. | |______________________________|_____________________________| |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: | $12.90 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 2024. | |______________________________|_____________________________| 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.
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 1/24
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/09/2024
3 02/23/2024
4 05/24/2024
5 06/28/2024
6 07/05/2024
7 07/12/2024
8 08/09/2024
9 08/16/2024
10 08/23/2024
ASBE0005-002 09/01/2023
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)...........................$ 36.97 20.36 ---------------------------------------------------------------- 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 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11 ---------------------------------------------------------------- * BRCA0004-011 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29 *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 ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2023
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 2/24
Rates Fringes
MARBLE FINISHER..................$ 40.21 15.23 TILE FINISHER....................$ 34.78 13.64 TILE LAYER.......................$ 48.29 19.18 ---------------------------------------------------------------- BRCA0018-010 09/01/2023
Rates Fringes
TERRAZZO FINISHER................$ 39.95 14.65 TERRAZZO WORKER/SETTER...........$ 47.85 15.14 ---------------------------------------------------------------- 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
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 3/24
STOCKER/SCRAPPER............$ 22.16 8.62
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ---------------------------------------------------------------- ELEC0440-004 12/27/2021

COMMUNICATIONS AND SYSTEMS WORK
Rates Fringes
Communications System
Installer...................$ 39.60 3%+16.89
Technician..................$ 33.09 15.89
SCOPE OF WORK:

Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational,
security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control
systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarms, and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data
systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station.
---------------------------------------------------------------- ELEC0477-002 06/01/2021
Rates Fringes
Electricians:....................$ 45.75 3%+25.33 CABLE SPLICER: $1.50 per hour above Electrician rate.

TUNNEL WORK: 10% above Electrician rate.

ZONE PAY:

Zone A - 80 road miles from Post Office, 455 Orange Show Lane, San Bernardino, will be a free zone for all
contractors
Zone B - Any work performed outside Zone A's 80 road miles, shall add $12.00 per hour to the current wage scale.
---------------------------------------------------------------- ELEC1245-001 06/01/2024
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.46
(2) Equipment specialist
(operates crawler
8/26/24, 3:57 PM SAM.gov
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tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.01
(3) Groundman...............$ 40.76 21.51
(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 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 66.63 37.885+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2024
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
8/26/24, 3:57 PM SAM.gov
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GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 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);Coil Tubing Rig 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 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 6/24
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);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 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 types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 7/24
(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; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 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 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. 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 8/24
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, 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, 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 9/24
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, 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); Spyder Excavator Operator, with all attachments

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, 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 10/24
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.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
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
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 11/24
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 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 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 12/24
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.

$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
---------------------------------------------------------------- IRON0433-006 01/01/2024
Rates Fringes

IRONWORKER
Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 13/24
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 Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-005 07/01/2024
Rates Fringes
Asbestos Removal Laborer.........$ 43.88 25.13 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2022
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO0783-002 07/01/2022
Rates Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 14/24
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 joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 15/24
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
Brick Tender.....................$ 37.32 21.45 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 16/24
---------------------------------------------------------------- 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
Work on a swing stage scaffold: $1.00 per hour additional. 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 17/24
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 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
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 $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2024
Rates Fringes
SOFT FLOOR LAYER.................$ 43.20 18.03 ---------------------------------------------------------------- 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: $3.00 additional per hour. ---------------------------------------------------------------- PLAS0500-002 07/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 44.00 27.11 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 18/24
---------------------------------------------------------------- PLUM0016-002 09/01/2023
Rates Fringes

PLUMBER, PIPEFITTER,

STEAMFITTER
Work at Edwards AFB.........$ 64.18 26.51
Work at Fort Irwin Army
Base........................$ 67.68 26.51
Work at Marine Corps
Logistic Base at Nebo,
Marine Corps Logistic Base
at Yermo and Twenty-Nine
Palms Marine Base...........$ 64.18 26.51
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........................$ 42.49 23.86
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 09/01/2023
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- * ROOF0036-002 08/01/2024
Rates Fringes
ROOFER...........................$ 49.43 20.58 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 $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-009 01/01/2024
Does not include the northern part of the City of Chino, or the Cities of Montclair and Ontario
Rates Fringes
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 19/24
SPRINKLER FITTER.................$ 45.31 27.91 ---------------------------------------------------------------- SFCA0709-004 09/01/2023

THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO:

Rates Fringes
SPRINKLER FITTER (Fire)..........$ 54.29 32.00 ---------------------------------------------------------------- SHEE0105-003 07/01/2024
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........................$ 59.40 30.34
(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...$ 56.95 30.04
---------------------------------------------------------------- TEAM0011-002 07/01/2023
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 38.19 33.69
GROUP 2....................$ 38.34 33.69
GROUP 3....................$ 38.47 33.69
GROUP 4....................$ 38.66 33.69
GROUP 5....................$ 38.69 33.69
GROUP 6....................$ 38.72 33.69
GROUP 7....................$ 38.97 33.69
GROUP 8....................$ 39.22 33.69
GROUP 9....................$ 39.42 33.69
GROUP 10....................$ 39.72 33.69
GROUP 11....................$ 40.22 33.69
GROUP 12....................$ 40.65 33.69
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]

TRUCK DRIVERS CLASSIFICATIONS
8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 20/24
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 resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic 8/26/24, 3:57 PM SAM.gov
https://sam.gov/wage-determination/CA20240026/10 21/24
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) (iii)).
---------------------------------------------------------------- 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.

Union Average Rate Identifiers
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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.

State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R � 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
----------------------------------------------------------------

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
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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 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 DECISION"

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CITY OF VICTORVILLE , CALIFORNIA

TECHNICAL SPECIFICATIONS CITY HALL SECURITY CAMERA EXPANSION Scope of Work CC25-022
Page C-1

SCOPE OF WORK

CITY OF VICTORVILLE , CALIFORNIA

TECHNICAL SPECIFICATIONS CITY HALL SECURITY CAMERA EXPANSION Scope of Work CC25-022
Page C-1

CITY OF VICTORVILLE
CC25-022 SECURITY CAMERA EXPANSION

SCOPE OF WORK
Introduction
The City of Victorville is expanding the Avigilon Security Camera System and is requesting quotes to install cameras, hardware, associated cabling, and Network Video Recorded (NVR) at City Hall located at 14343 Civic Dr. Victorville, CA 92392. Scope of work is to include cabling and equipment installation, programming, commission of the equipment, and training of city staff. There are twenty-three (23) new camera locations throughout City Hall depicted on the Camera Layout Plan (attached). Also attached is a list of specified cameras and supporting equipment. The awarded contractor must be an approved installer of Avigilon Security Camera Systems.

History
In 2020, the City conducted a comprehensive review of multiple security camera and video management systems with the premise to adopt the system for citywide installation . At the conclusion of the review, the City selected Avigilon Video Security Systems and installed fifteen (15) interior and exterior cameras at City Hall.

Equipment
All equipment must be Avigilon (manufactured by Motorola Solutions Company) with the ability to seamlessly integrate with the City’s existing security camera system. Included in this Scope of Work is an equipment list and Camera Layout Plan. The contractor shall use CS34P ETL Verified Cat 6 U/UTP - Plenum Rated cabling. It is the Contractors responsibility to verify quantities, camera placement, server room locations, and all measurements. Recorded footage shall be stored on premises for 365 +1 days.

Footage retention estimates were made with the inclusion of the existing server in addition to the two (2) new 440TB NVR servers.

Installation
All work shall be inspected and accepted by the City’s Facility Manager. The work may be performed during normal City business hours. The Contractor shall make every effort to minimize disruption to City Hall operations. If a disturbance cannot be avoided, the Contactor shall coordinate with the City’s Facilities Manager for work to be completed after normal business hours or during the weekend at no additional cost to the City. City Hall hours are as follows:

Monday – Thursday, 7:30am-5:30pm
Friday, 7:30am – 4:30pm.

Programming/Commissioning
The Contractor shall notify the City’s Information Technology (IT) Department and Facilities Manager prior to programming or commissioning any equipment. Once programming is complete, the City’s IT Department shall verify and accept this portion of the scope.

Training
The Contractor shall provide one (1) training session with City IT staff. This training shall include but is not limited to maintenance, camera support/configuration, updating, and server configuration. The Contractor shall also provide one (1) training session for City staff end users of the Video Management System. This training shall include but is not limited to VMS basics, live monitoring, alarm monitoring, investigations, and saving/exporting footage.

CITY OF VICTORVILLE , CALIFORNIA

TECHNICAL SPECIFICATIONS CITY HALL SECURITY CAMERA EXPANSION Scope of Work CC25-022
Page C-2

Additional Information
• This project is subject to Prevailing Wage
• Pro camera with housing requires (2) two CAT6 cables
• Pro cameras in the Council Chambers will need brackets. Specified Avigilon cameras do not offer brackets.

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-1

SECTION D:

BID PROPOSAL DOCUMENTS

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-2

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

SUBMISSION CERTIFICATION
I hereby submit to the City the following Bid Proposal for work outlined in the Notice Inviting Bids and Instructions to Bidders (General Specifications); Required Bid Documents and Proposal Forms (as listed below); Contract Bond and Guaranty Forms; General Provisions; Technical Specifications; Bid Addenda; and other documents incorporated in any of the foregoing by reference, for PROJECT CC25 -022 CITY HALL SECURITY CAMERA EXPANSION (hereinafter referred to in these Required Bid Documents and Proposal Forms as the “Contract Documents”). All of the following documents and forms (check below) are completed, fully executed, and included in my Bid Proposal as required in the Instructions to Bidders:
_________ Submission Certification

_________ Bid Proposal Form

_________ Customer Reference

_________ Contractor’s Qualification

_________ PCC 10285.1 Statement

_________ PCC 10232 Statement

_________ Worker’s Compensation

_________ Signature Authorization

_________ Subcontractor’s List

_________ PCC 10162 Questionnaire

_________ Non-Collusion Declaration

_________ SB 854

_________ Fleet Compliance Certification

_________ Injury & Illness Prevention Plan

_________ Federal Funding/Grant Reimbursement Provisions (from Section B) and Attachments B-2, and B-4 (B-3 due only after a contract is awarded and if subcontracts are to be let)

My signature on this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted attached hereto as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my Bid Proposal. ___________________________ ____________________________ Authorized Signature Printed Name and Title

________________ ___________________________
Date Signed Telephone Number

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-3

CITY OF VICTORVILLE
CC25-022 CITY HALL SECURITY CAMERA EXPANSION

BID PROPOSAL FORM
The undersigned declares that the locations of the proposed work, the plans, specifications, and contract documents have been carefully examined; and being familiar with all of the conditions surrounding the work, including the availability of materials an d labor, the undersigned hereby proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work. All applicable taxes and discounts should be included. All of the aforementioned shall be done in accordance with said plans, specifications, and contract documents for the price set forth in the following schedule.

The City of Victorville reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Victorville further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City, and the right to split the order if such action is deemed to be in the best interest of the City. ***City will have the right to request for a cost breakdown.

Item
#
Description Total Amount
1 BASE BID – City Hall Security Camera Expansion
Install cabling, cameras, switches and servers, relocate existing cameras, program equipment, and provide training.
$

TOTAL BID

$

BASE BID GRAND TOTAL IN WORDS: _________________________________________

____________________________________________________________________________

BIDDER:_________________________________________________________________

Address:_____________________________________________________________ Mailing Address City State Zip Code

PHONE:______________________________EMAIL: __________________________________

Bidder Signature: ________________________________________________________________

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-4

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

BIDDER IDENTIFICATION

1. Legal name of Bidder: ____________________________________________

2. Street Address: ____________________________________________________

3. Mailing Address: __________________________________________

4. Business Telephone: _______________________________________________

5. Facsimile Telephone: ____________________________________

6. Email Address: _________________________________________

7. Type of Business:

 Sole Proprietor  Partnership  Corporation Other: __________

If corporation, indicate State where incorporated: __________________________

8. Business License number issued by the City where the Bidder’s principal place of business is located.

Number: Issuing City: ______________________________

9. Federal Tax Identification Number: _____________________________________

10. Contractor’s License number and expiration date: ____________________________

11. DIR Registration number: ____________________________________________

12. Bidder's Project Manager: ___________________________________________

13. Bidder’s Name and Title Authorized to sign legal documents: ________________

_____________________________________________________________________

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
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CC25-022 CITY HALL SECURITY CAMERA EXPANSION

CUSTOMER REFERENCES
Bidder:___________________________________________________________________

FOR THE MOST RECENT WORK PERFORMED : LIST AT LEAST THREE (3) PROJECT OWNERS FOR WHOM YOU HAVE PERFORMED SIMILAR WORK WITHIN THE PAST FIVE (5) YEARS

1. Name of Owner:

Address:

Authorized Owner
Representative Name, Title &
Phone #:

Contract Amount and
Completion Date:

Percentage of work performed
by Bidder’s own forces:

Project Name:

Project Description:

2. Name of Owner:

Address:

Authorized Owner
Representative Name, Title &
Phone #:

Contract Amount and
Completion Date:

Percentage of work performed
by Bidder’s own forces:

Project Name:

Project Description:

3. Name of Owner:

Address:

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-6

Authorized Owner
Representative Name, Title &
Phone #:

Contract Amount and
Completion Date:

Percentage of work performed
by Bidder’s own forces:

Project Name:

Project Description:

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-7

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

CONTRACTOR'S QUALIFICATION STATEMENT

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

SUBMITTED TO:

Corporation ___
Partnership ___
Individual ___
Joint Venture ___
SUBMITTED BY: Other ___
NAME:

ADDRESS:

PRINCIPAL OFFICE:

(Note: Attach separate sheets as required)

1.0 How many years has your organization been in business as a general contractor?

2.0 How many years has your organization been in business under its present business name?

3.0 If a corporation answer the following:

3.1 Date of incorporation:

3.2 State of incorporation:

3.3 President's name:

3.4 Vice-president's name(s):

3.5 Secretary's or Clerk's name:

3.6 Treasurer's name:

4.0 If individual or partnership, answer the following:

4.1 Date of organization:

4.2 Name and address of all partners. (State whether general or limited partnership.):

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-8

5.0 If other than corporation or partnership, describe organization and name principals:

6.0 We normally perform ______% of the work with our own forces. List trades below:

7.0 Have you ever failed to complete any work awarded to you? If so, note when, where, and why:

8.0 List name of project, Owner, Authorized Owner Representative, contract amount, percent complete and scheduled completion of similar roofing projects your organization has in process on this date:

9.0 On Customer References form, list the name of project, Owner, Authorized Owner Representative, contract amount, date of completion, percent of work with own forces of similar roofing projects your organization has completed in the past five years.

10.0 Name of bonding company and name and address of agent:

11.0 Dated at__________________________________________________________

this ______________ day of ______________________________, 2024

Name of organization:_______________________________________________

By: ___________________________________

Title:__________________________________

12.0 M________________________________________, being duly sworn deposes and says that he (she) is the ___________________________________________, of Contractor(s) and that answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn before me this ______________________________ day of _______________________, 2024.

Notary Public:

My commission expires:

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-9

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS

PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND

EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS

PROPOSAL)

PCC SECTION 10285.1 STATEMENT

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement.

BIDDER’S SIGNATURE

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-10

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

PCC SECTION 10232 STATEMENT

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER’S SIGNATURE

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-11

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

WORKERS' COMPENSATION CERTIFICATE

The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

____________________________ ________________________________________ Signature Company Name

____________________________ ________________________________________ Printed Name Business License Number

____________________________ ________________________________________ Title Date

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-12

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

SIGNATURE AUTHORIZATION
Proposer/Bidder: _______________________________________________________________

A. I hereby certify that I have the authority to offer this proposal/bid to the City for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal/bid.
_____________________________

SIGNATURE
B. The following information relates to the legal Contractor listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me as:
_____An Individual
_____A Partnership, Partners’ names:
_____A Company
_____A Corporation

2. My tax identification number is______________________________________ (For individuals, this number is usually the Social Security Number)

3. ____I am a certified small business and Small Business Preference is applicable to this proposal/bid. A copy of my certification from the Office of Small and Minority Business is attached.
_____I have recently filed for Small Business Preference but have not yet received certification.
_____I am not a Small Business.

4. _____My business is owned by a minority whose ethnicity is: ___________

_____My business is owned by a woman.

_____My business is owned by a disabled veteran.

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-13

CC25-022 CITY HALL SECURITY CAMERA EXPANSION
SUBCONTRACTOR’S LIST
Bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113, inclusive, of the California Public Contract Code. All work subcontracted in excess of one-half of 1 percent of the bidder’s total bid or $10,000, whichever is greater, shall be listed herein. Add additional sheets if necessary.

The contractor shall perform with its own organization contract work amounting to not less than fifty percent (50%) of the total original contract price, excluding any specialty items designated by the City. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the amount of work required to be performed by the contractor’s own organization.

Bidder’s Name____________________________________________

Subcontractor Name, Business Address & Phone Number:

License Number and Classification: ________________ Percent (%) of Total Contract: _____________%

Specific Description of Subcontract:
_________________________________________________________

DIR Registration number: ______________ Off-Road Diesel Fleet ID No.: __________________

TRUCRS ID No.: _____________________

Subcontractor Name, Business Address & Phone Number:

License Number and Classification: _________________ Percent (%) of Total Contract: _____________%

Specific Description of Subcontract:
_________________________________________________________

DIR Registration number: ______________ Off-Road Diesel Fleet ID No.: __________________

TRUCRS ID No.: _____________________

Subcontractor Name, Business Address & Phone Number:

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-14

License Number and Classification: _________________ Percent (%) of Total Contract: _____________%

Specific Description of Subcontract:
_________________________________________________________

DIR Registration number: ______________ Off-Road Diesel Fleet ID No.: __________________

TRUCRS ID No.: _____________________

TOTAL PERCENTAGE SUBCONTRACTED: ______________________

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-15

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

QUESTIONNAIRE

In accordance with Government code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation?

Yes _____ No _____

If the answer is yes, explain the circumstances in the following space:

NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire.

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-16

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

BIDDER'S BOND
WHEREAS ______________________________________________________________________ (“Bidder”) has submitted a Bid Proposal, dated ___________________________, 20______ (the “Bid”), to the City of Victorville to perform all work required by the Contract Documents for the:

CITY HALL SECURITY CAMERA EXPANSION, CC25-022
Under this duly executed bidder’s bond (“Bidder’s Bond”), Bidder as Principal and ___________________ ________________________________________________, as Surety, are hereby held and bound to the Victorville Water City (the City) s obligee in the penal sum of ____________________________________ Dollars ($ ________________) which sum is equal to ten percent (10%) of the total amount of the Bid (the “Bond Sum”).

Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, as follows:

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
IF THE AFORESAID Bidder is awarded the contract by the City and, within the time and manner required under the Contract Documents, after the prescribed forms are presented by City to Bidder for signature, Bidder enters into the written Contract, in the prescribed form, in accordance with the Bid as accepted, and furnishes to the City the performance and payment bonds, insurance certificates and endorsements, and City business license as required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

If Bidder fails to execute the Contract and deliver the bonds, insurance documents, and business license as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety under this Bidder’s Bond shall be in no way impaired or affected by any extension of the time within which the City may accept such bid and said Surety does hereby waive any notice of extension.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

NOTE: Surety must be licensed and authorized by the C alifornia Insurance Commissioner as an admitted surety insurer. This Bidder’s Bond must be signed and acknowledged by both the Surety and the Bidder (Principal) before a notary public, and acknowledgements, with notarial seals, attached hereto.

Surety’s Power of Attorney-In-Fact Certificate must also be attached.

This Bidder’s Bond is entered into and effective on ___________________________________, 20_____.

SURETY PRINCIPAL (Bidder)
__________________________________ ________________________________ s/ ________________________________ s/ ______________________________ ___________________________________ ________________________________ Name and Title Name and Title
SEAL

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
Page D-17

CC25-022 CITY HALL SECURITY CAMERA EXPANSION

NON-COLLUSION DECLARATION

TO BE SIGNED BY BIDDER AND SUBMITTED WITH BID
(Public Contract Code Section 7106)

The undersigned declares:

I am the ________________ of ______________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrai n from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______ [date], at _______________ [city], ______________________[state].

_________________________________ _________________________________________ Signature Company Name

________________________________ _________________________________________ Printed Name Title

CITY OF VICTORVILLE , CALIFORNIA

Bid Proposal Documents CITY HALL SECURITY CAMERA EXPANSION CC25-022
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CC25-022 CITY HALL SECURITY CAMERA EXPANSION

SENATE BILL 854

Senate Bill 854 signed into law on June 20, 2014, became effective immediately. It established a new public works Contractor registration program which will collect fees to fund compliance monitoring and enforcement, determine prevailing wage and public works coverage, and hear enforcement appeals.

All Contractors and subcontractors intending to bid or perform work on public works projects will be required to register, and annually renew, online for the program. This is a Department of Industrial Relations (DIR) fee paid to the State of California. The City will not register a Contractor/subcontractor, nor collect funds for registration.

Starting July 1, 2017, the new annual registration fees for public works contractors have increased to $400.00, and contractors on small projects are exempt from public works registration and electronic certified payroll reporting requirements.

Subcontractor Eligibility: Contractor acknowledges that under Public Contract Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a p ublic works project under Labor Code Section 1777.1 or 1777.7 may bid on, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.

Small Project Exemption:

Contractors who work exclusively on small public work projects are not required to register as a public works or file electronic certified payroll reports for those projects. Contractors are still required to maintain certified payroll records on a continuous basis and provide them to the Labor Commissioner’s Office upon request.

The small project exemption applies for public works projects that do not exceed:

• $25,000 new construction, alteration, installation, demolition, or repair • $15,000 for maintenance

The City as applicable will be required to fill out a form alerting the DIR of the services you are providing the City. Detailed information is required to complete this form. You may be asked to provide information needed to complete the DIR form. You will be asked to complete this in a timely manner to avoid interruption in the services you are providing.

Are you currently registered with the DIR?

Yes____ No____ If yes, what is your registration number? ________________ (please submit proof of your registration)

Bidder:______________________________ Federal I.D. No: __________________________

Signature: ______________________________________________Date: __________________

Name Printed: ___________________________________Title: __________________________

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CC25-022 CITY HALL SECURITY CAMERA EXPANSION

FLEET COMPLIANCE CERTIFICATION FORM

Bidder hereby acknowledges that it has reviewed the California Air Resources Board’s policies, rules, and regulations and is familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (“Off- Road Regulation”). Bidder hereby certifies, under penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of its subcontractor(s), is true and correct:

 The Fleet is subject to the requirements of the Off-Road Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

 The Fleet is exempt from the Off-Road Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

 Bidder and/or its subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Off -Road Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, its attempts to procure renewable diesel fuel and proof that shows it was not able to procure renewable diesel (i.e., third party correspondence or vendor bids).

 The Fleet is exempt from the requirements of the Off-Road Regulation pursuant to section 2449(i)(4) because this Project has been deemed an emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the noted emergency operations, and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

 The Fleet does not fall under the Regulation or is otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:

Signature:

Name:

Title:

Date:

END OF FLEET COMPLIANCE CERTIFICATION

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CC25-022 CITY HALL SECURITY CAMERA EXPANSION

INJURY & ILLNESS PREVENTION PLAN & CODE OF SAFE PRACTICES AFFIDAVIT

The Bidder shall complete this form affirming that the Bidder has an injury and illness prevention plan (IIPP) which complies with Cal/OSHA R egulations and code of safe practices (CSP), that all subcontractors supplying employees to the jobsite will be required to prove to the Contractor that they have an IIPP which complies with Cal/OSHA Regulations and a CSP, and that their jobsite employees have been trained on IIPP and CSP.

I, hereby certify to the City of

Victorville on behalf of the following:

1. The Contractor identified above has an IIPP and a CFP which comply with Cal/OSHA regulations;

2. The employees of the Contractor identified above who will be assigned to the jobsite have been trained on the IIPP and CSP;

3. All subcontractors supplying employees to the jobsite will be required to prove to the Contractor that they have an IIPP and a CSP which comply with Cal/OSHA Regulations and their jobsite employees have been trained on the IIPP and CSP.

I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct.

Executed this day of
month and year

Bidder’s name and title

Bidder’s signature

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SECTION E:

SAMPLE CONTRACT AGREEMENT

CITY HALL SECURITY CAMERA EXPANSION
CC25-022

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**SAMPLE CONTRACT/AGREEMENT ONLY**

CONTRACT WILL BE MODIFIED TO REFLECT THE ACTUAL ASSOCIATED

STIPULATIONS INDICATED IN THE SPECIAL PROVISIONS AND OTHER APPLICABLE

CONTRACT DOCUMENTS

CONSTRUCTION CONTRACT BY AND BETWEEN

THE CITY OF VICTORVILLE AND

____________________________________
FOR
_______________________________________________
CITY PROJECT NO. ______

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 _____________________________, a _________________________, hereinafter referred to as the “Contractor”. City and Contractor are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS

WHEREAS, the City requires ___________________________________________ as more fully described in the solicitation documents issued by the City for Project No. _______ (the “ Project”); and

WHEREAS, on ________________, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and

WHEREAS, Contractor is a duly organized _____________________ in good standing in the State of Cali fornia, and represents that it has the background, knowledge, experience, expertise and resources to construct and otherwise complete the Project as specified in the Contract Documents, including the furnishing of all labor, materials, equipment, and services (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 Contract 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 Work required to complete 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:

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Section 1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.

Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:

(1) Change Orders and supplemental agreements issued and approved by the City; whichever occurs last;
(2) This executed 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);
(3) Bid Addenda issued by the City;
(4) Notice Inviting Bids and Instructions to Bidders;
(5) Technical Specifications/Scope of Work (Bid Package Section C) (6) Federal Requirements And Federal Forms (Bid Package Section B) (7) Special Provisions;
(8) Bid Forms (Bid Package Section D);
(9) Faithful Performance Bond;
(10) Payment Bond.

b. Interpretation. Except as may be set forth elsewhere in this Contract, i n 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 Special Provisions.

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 in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of _________________________, _______________or his/her 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 __________________________________ DOLLARS, ($___________________) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor,

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materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

b. Procedures relating to payment and retention are set forth in the Special Provisions.

Section 5. CONTRACT TIME; NOTICE TO PROCEED

a. Contract Time. The Work under this Contract shall be diligently prosecuted to completion before the expiration of _________ (____) WORKING DAYS, commencing within ___ (___) calendar days after the date specified in the City’s issued Notice to Proceed (the “ Contract Time”). 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.

(1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.

(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).

b. For disputes or claims that do not constitute Public Works Claims, 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 non-binding 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.

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• 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 CONTRACT FOR CONVENIENCE

a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Contract 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 Contract 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.

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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 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 California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) 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, 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 described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates 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, or compliance with the maintenance and

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inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.

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:

(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 Sections 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., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that

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it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its Subcontractors. Pursuant to Labor Code Section 1735, Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this Section is subject to all the penalties imposed in Labor Code Sections 1720 through 1861.

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) Pursuant to Labor Code Section 1813, 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, except as specified in Labor Code Section 1815. 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 Section 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

i. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain 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 ________ ($_____) 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

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business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder. Contractor and all subcontractors shall comply with: the California Fair Employment and Housing Act ( Cal. Gov. Code §12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.). Contractor shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Contract unless such person is properly documented and legally entitled to be employed within the United States. The Contractor and all subcontractors shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (Cal. Gov. Code §8350 et seq.). To the extent that the requirements of the Federal Funding/Grant Requirement Provisions attached hereto as Exhibit “B” impose requirements similar to those in California Law, Contractor shall comply with both sets of requirements, and in the event of a conflict which prevents compliance with both, the Federal requirements must be satisfied.

Section 12. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

Section 13. INSURANCE

a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:

(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million ($2,000,000) 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 Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.

(3) Workers’ Compensation Insurance: Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

(4) Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $1,000,000, $2,000,000, $5,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited

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to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Vendor.

d. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:

(7) 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 prov ided 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.

(8) 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.

(9) 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.

(10) 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.

(11) Reserved.

(12) Other Required Endorsements.

(c) 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.

(d) The CGL and vehicle liability policies shall be endorsed as Primary and Non-

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contributory.

e. 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. FEDERAL FUNDING/GRANT REQUIREMENT PROVISIONS

Contractor acknowledges that the Project is being funded in whole or in part with federal assistance under the American Rescue Plan Act (“ ARPA”) (Title VI of the Social Security Act Section 602 et seq. (the “Act”)) Coronavirus State and Local Fiscal Recovery Funds (“ CSLFRF”) through a grant from the U.S.

Department of the Treasury to the City. The Contractor agrees to comply with all the provisions of the documents and forms contained in Section B - Federal Requirements and Federal Forms of the Bid Package (Contract Documents) for this Project. Said documents and forms (as signed and submitted by Contractor with its Bid) are attached hereto in its entirety as Exhibit “B” and incorporated as part of this Contract by this reference. Contractor shall comply with all requirements and provisions of Exhibit “B”.

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:

(5) 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;

(6) 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;

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(7) 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;

(8) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter - Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

b. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification provisions provided for herein from all Subcontractors.

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. Contractor shall also comply with the records retention and access requirements appliable to books, records and audit as set forth in Section 5.i of the Federal Funding/Grant Requirement Provisions attached hereto as Exhibit “B”.

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Section 18. MODIFICATIONS AND AMENDMENTS

This Contract may be modified or amended only by written Change Orders or a written instrument signed by both Parties.

Section 19. ENTIRE AGREEMENT

a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.

b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.

c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 20. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

Section 21. NOTICES

a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To City: ______________________________
_____________________ _________________
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Contractor: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________

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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.

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. The Faithful Performance Bond 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.

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Section 27. OWNERSHIP OF DOCUMENTS

No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

Section 28. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

Section 29. GENDER; PLURAL

In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 30. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 31. GOVERNING LAW

The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

Section 32. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 33. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 34. EFFECTIVENESS OF CONTRACT

This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.

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Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT

Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

Section 36. WAIVER

No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

Section 37. INDEPENDENT CONTRACTOR STATUS

a. Contractor is and shall at all times remain as to City a wholly independent contractor. The personnel performing work or services under this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the Contract Price to be paid to Contractor as provided for in this Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

c. Any and all employees or subcontractors of Contractor under this Contract, while engaged in the performance of any work or services required by Contractor hereunder, shall be considered employees or subcontractors of Contractor only and not of City.

Section 38. COUNTERPARTS

This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.

Section 39. CARB COMPLIANCE OBLIGATIONS

a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Service Provider agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) prior to commencing any work hereunder and maintain compliance throughout the duration of this Agreement.

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(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light- duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets .

(2) Effective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off-Road Regulation”) which apply broadly to all self- propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off-Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf .

b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off-Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Agreement. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.

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.

Section 41. CONFLICTS OF INTEREST

Contractor covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s Work under this Contract. Contractor further covenants that in the performance of services under this Contract, no officer, employee or agent of Contractor having such interest shall be employed by it. In the event the City determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Contractor may result in termination of this Contract by the City.

Contractor shall also comply with and is bound by the conflict of interest provisions set forth i n Section

5.h of the Federal Funding/Grant Requirement Provisions attached hereto as Exhibit “B”.

(END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)

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IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.

THE CITY OF VICTORVILLE ___________________________________.

By: By:

Elizabeth Becerra, Mayor Contractor Authorized Officer(s) ________________________________
Name
________________________________
Title

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:

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EXHIBIT A

CONTRACTOR'S BID PROPOSAL

See Attachment

CITY OF VICTORVILLE , CALIFORNIA

Performance Bond CITY HALL SECURITY CAMERA EXPANSION
Submittal Documents CC25-022
Page E-20

FAITHFUL PERFORMANCE BOND
CITY HALL SECURITY CAMERA EXPANSION, PROJECT CC25-022

KNOW ALL MEN BY THESE PRESENTS:

THAT WE, , hereinafter referred to as
"Contractor," as principal, and , as Surety, are held and firmly bond unto the CITY OF VICTORVILLE, in the sum of Dollars, ($ ),
lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The conditions of the foregoing obligation are such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said CITY OF VICTORVILLE for completion of “CITY HALL SECURITY CAMERA EXPANSION, PROJECT CC25-022” as specifically set forth in documents entitled of “CITY HALL SECURITY CAMERA EXPANSION, PROJECT CC25-022” and is required under the terms of the Contract to give this Bond in connection with the execution of said Contract;
NOW, THEREFORE, if the said Contractor shall well and truly do and perform all of the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein, then his obligation shall be null and void, otherwise, it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either the Contractor or the Surety there under, nor shall any extensions of time that be granted under the provision of said Contract release either the Contractor or the Surety, and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Contractor and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

SURETY: CONTRACTOR:

___________________________________ ___________________________________ Business Name Business Name

s
/__________________________________ s/___________________________________

____________________________________ _____________________________________ Name, Title Name, Title

Date: ________________________________ Date: ________________________________

____________________________

ATTORNEY-IN-FACT
(Title-Attach Power of Attorney)

Note: Notary acknowledgment of signatures of principal (Contractor) and Surety, and Surety’s Power of Attorney, must be included or attached.

Surety Address: ____________________________________________________________________________

Attn: _____________________________ Phone: __________________ Email: __________________________

APPROVED BY CITY: Date:______________________________

s/ __________________________________ Name, Title: ______________________________________

END OF PERFORMANCE BOND
.

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PAYMENT BOND
CITY HALL SECURITY CAMERA EXPANSION, PROJECT CC25-022

TO ACCOMPANY CONSTRUCTION CONTRACT
(CIVIL CODE SECTION 9550 ET SEQ.)

BOND NO.

Know All Men By These Presents:

The City of Victorville (“City”) has awarded to ___________________________________, (“Contractor”) and is about to enter into a written contract (“Contract”) with Contractor for construction work on the “CITY HALL SECURITY CAMERA EXPANSION”, Project CC25-022 (the “Project”).

The Contract is incorporated by reference into this Payment Bond (“Bond”).

THE CONDITIONS OF THIS OBLIGATION ARE AS FOLLOWS:

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than _______________________________DOLLARS ($_________________), under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond.

Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipm ent furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the San Bernardino County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

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7. Effective Date; Execution. This Bond is entered into and is effective on _____________, __ 20__.

SURETY:

___________________________________
Business Name

s/__________________________________ ______________________________ Date
___________________________________
Name, Title

____________________________

ATTORNEY-IN-FACT
(Title-Attach Power of Attorney)

Note: Notary acknowledgment of signatures of Principal (Contractor) and Surety, and Surety’s Power of Attorney, must be included or attached.

Surety Address: ___________________________________________

City/State/Zip: _____________________________________________

Phone: ___________________________________________________

Email: ____________________________________________________

Attn: _____________________________________________________

CONTRACTOR:

___________________________________
Business Name

s/__________________________________ ______________________________ Date

___________________________________
Name, Title

APPROVED BY CITY:

s/ __________________________________ ______________________________ Date

____________________________________
Name, Title

END OF PAYMENT BOND

CONSTRUCTION/DEMOLITION WASTE RECYCLING PLAN (C/DWRP)
Project Title/Name:

Project Address/Location:

Project Start Date—Approximate:

Company/Contractor:

Project Manager:

Phone Number:

Cell Phone #

1. Fill in the table below, indicating whether materials will be diverted (salvage or recycled) or landfilled. Also indicate location where materials will be taken.

MATERIAL TYPE
To Be
Salvaged
or
Reused
To Be
Recycled
To Be
Disposed/
Landfilled
Facility or Recycler
(list name and location)
Scrap Metal

Asphalt

Concrete

Brick/Block

Drywall

Greenwaste (brush,
tree limbs)

Clean wood/ lumber

Fixtures (doors,
windows, other
building materials)

Other

2. Describe how materials will be sorted for recycling, reuse, or salvage at the job site.

SUMMARY WASTE DISPOSAL AND DIVERSION REPORT (SWDDR)
Project Name/Title:

Project Address/Location:

Project Beginning and Completion Dates:

Company/Contractor:

Project Manager:

Phone Number:

Cell Phone #

Directions: Fill in the tables below, listing the number of tons reused/salvaged or recycled. Also fill in the number of tons of mixed waste disposed in landfill. Attach copies of dump slips.

Table 1: Materials Diverted

MATERIAL
TYPE
Tons
Salvaged
or Reused
Tons
Recycled Facility or Recycler Used (list name and location) Scrap Metal

Asphalt

Concrete

Brick/Block

Drywall
Greenwaste
(brush, tree
limbs)

Clean wood/
lumber

Fixtures (doors,
windows, other
building
materials)

Other

Other

Total Tons NA
See next page for additional table.

Table 2: Materials landfilled

Material Tons Disposed Landfill Site (List name and location) Mixed
waste

Other

Total N/A

Attach weight slips showing disposal and diversion.

PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards.

NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO
MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED

DATE OF EXPECTED OR ACTUAL START OF

PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE DATES TO BE EMPLOYED

This is not a request for dispatch of apprentices.

Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations

Check One Of The Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job
only.

Enter name of the Committee

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature_______________________________________ Date________________________

Typed Name__________________________________________________________________

Title_________________________________________________________________________

DAS 140 (REV. 1/04)
State of California Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS

CITY HALL SECURITY CAMERA EXPANSION
Submittal Documents CC25-022
Page E-28
Explanation to box 1 ‐ 3 on form DAS 140

• Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).

• Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.

• Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.

CITY HALL SECURITY CAMERA EXPANSION
Submittal Documents CC25-022
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REQUEST FOR DISPATCH OF AN APPRENTICE –
DAS 142 FORM

DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to:
http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade.

You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.

List one occupation/craft per form
Date: Contractor Requesting Dispatch:

To Applicable Apprenticeship Committee: Name:

Name: Address:

Address:

License No.

Tel. No. Fax No. PWC Registration Number:

Tel. No. Fax No.

Project Information: PWC Project Number Contract Number Total Contract Amount. _ Sub-Contract Amount _
Name of the Project:

Address:

CITY HALL SECURITY CAMERA EXPANSION
Submittal Documents CC25-022
Page E-30

Dispatch Request Information:

Number of Apprentice(s) Needed: Craft or Trade:

Date Apprentice(s) to Report: (72 hrs. notice required) Timeto Report:

Name of Person to Report to:

Address to Report to:

You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or
visit https://www.dir.ca.gov/das/PublicWorksForms.htm
DAS 142 (Revised 10/18)

CITY HALL SECURITY CAMERA EXPANSION
Submittal Documents CC25-022
Page E-31
SAMPLE : PAYROLL DIR SUBMISSION ACKNOWLEDGEMENT

EXHIBIT A

CAMERA LAYOUT PLAN

EXHIBIT B

LIST OF SPECIFIED CAMERAS

AND SUPPORTING EQUIPMENT
Confidential
Date: 2024-07-23
Quote#: Q-1628982
Quote Name: City Hall New
Prepared By: Johnathan Stoller
Prepared For:

EXHIBIT-B
�VIG I LON ™
Bill To:

City of Victorville
14343 Civic Dr
Victorville, CA, 92392
us

ACCESSORIES
Ship To:

MODEL NUMBER DESCRIPTION QTY
H5AMH-AD-PEND1 Outdoor pendant mount adapter. For use with the Avigilon HSA Multisensor 1.00 H5AMH-DO-COVR1 Dome bubble and cover, for outdoor surface mount or pendant mount, clear. For use 1.00 with the Avlgllon HSA Multisensor
WLMT-1001 Wall Mount for large pendant camera 1.00
H4AMH-AD-IRIL 1 Optional IR llluminator ring, up to 30m (100ft), for use with H4AMH-DO-COVR1. 1.00 POEB0U-1 BTE Gigabit 802.3bt 60 W PoE Injector, Indoor, single port 1.00 ES-HD-CWS-LG Large Format Enclosure for Avigilon HD IP Professional Cameras with 12VDC/24VDC 1.00 Vented Cooler, Wall Bracket and Sunshield. Maximum combined camera and lens length is 12.8" (32.5 cm).

H5AMH-DC-COVR1 Dome bubble and cover, for in-ceiling mount, clear. For use with the Avigilon H5A 6.00 Multisensor
LEF247028TA2 Tamron 24-70mm f/2.8 VC Lens for Pro Cameras 3.00 HSAMH-AD-CEIL 1 In-ceiling adapter, must order either a HSAMH-DC-COVR1 or 6.00 HSAMH-DC-COVR1-SMOKE.

CLPNL-1001 Ceiling panel metal white 2 ft X 2 ft to replace exisiting ceiling tile for Multi Sensor Multi 6.00 directional camera
ES-HD-IPM Optional PoE+ power module. Powers full camera enclosure features and supplies 1.00 PoE power to camera with a single Ethernet connection. Compatible with ES-HD-HWS, ES-HD-CWS, ES-HD-HWS-LG & ES-HD-CWS-LG. Not compatible with HS Pro cameras.

CAMERA

MODEL NUMBER DESCRIPTION QTY
20C-H5A-4MH 4X5MP, WDR, 360 degree max field of view, Lightcatcher, 3.3-5.7MM, Camera Only 3.00 15C-H5A-3MH 3XSMP, WDR, 270 degree max field of view, Lightcatcher, 3.3-5. 7MM, Camera Only 3.00 24C-H5A-3MH 3X8MP, WDR, 270 degree max field of view, Lightcatcher, 3.3-S.7MM, Camera Only 1.00

6.0C-H6A-D1 6MP HBA Indoor Dome Camera with 4.4-9.3mm Lens 13.00 16C-HSPRO-B SK (16 MP) HS Pro Camera. Lens and housing not included. 3.00

SOFTWARE

MODEL NUMBER DESCRIPTION QTY
UNITYB-ENT Unity Enterprise camera channel 23.00

STORAGE

MODEL NUMBER DESCRIPTION QTY
AINVR2-PRM-PLUS-FORM-H-440TB-NA Al NVR 2 PRM PLUS FORM H 440 TB 2U Rack Mnt, HardenedOS, SY Onsite 4HMC, NA

2.00 SALES I +1.604.629.5182 I [email protected] TECHNICAL SUPPORT I +1.888.281.5182 1 [email protected] © 2024, Avigilon Corporation. All rights reserved. A VI GIL ON and the AVIGILON logo are trademarks of Avigilon

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