Attachment D - Construction Agreement — Victorville City Council, October 7, 2025

ATTACHMENT D

CONSTRUCTION

AGREEMENT

1 Construction Contract/Coffman Specialties, Inc./Project CC26-043

CONSTRUCTION CONTRACT

BY AND BETWEEN

THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
COFFMAN SPECIALTIES, INC.

FOR
RUNWAY 17/35 RECONSTRUCTION PROJECT, PHASE VI,
PROJECT NUMBER: CC26-043

THIS CONSTRUCTION CONTRACT (“Contract”) is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Coffman Specialties, Inc., a California corporation hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, Runway 17/35 Reconstruction Project, Phase VI at the Southern California Logistics Airport requires RECONSTRUCTION (the “Project”); and

WHEREAS, on August 13, 2025, the SCLAA issued a Notice Inviting Bids to contractors for the Project. In response, Contractor submitted a Bid Proposal which the SCLAA determined to be the lowest responsive bidder; and

WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience , expertise and resources to perform the work and other obligations encompassed by this Contract; and

WHEREAS, at its meeting held on October 7, 2025, the SCLAA Board of Directors duly accepted Contractor’s Bid Proposal for the Project and directed that a written contract for the Project be entered into with Contractor; and

WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid Proposal, the SCLAA desires to retain Contractor to perform the construction work as set forth herein and in the Contract Documents for Project Runway 17/35 Phase VI.

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS

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

Section 2. CONTRACT DOCUMENTS; PRIORITY

a. This Contract consists of the following documents (the “Contract Documents”), all of which are made part of this Contract and are listed in order of precedence below. If there is a conflict between the component parts of the Contract Documents, the document highest in precedence in 2 Construction Contract/Coffman Specialties, Inc./Project CC26-043

the list below controls, except that in the event of a discrepancy between any documents prepared by the Contractor (including without limitation, the Bid Proposal Price Schedules submitted to SCLAA by Contractor and attached hereto as Exhibit “B”), and those prepared by the SCLAA, the SCLAA-prepared documents take precedence over and shall control with respect to the resolution of the discrepancy, and nothing set forth in Exhibit “B” or other portions of Contractor’s Bid Proposal shall be deemed to supersede any of the provisions of this Construction Contract:

1. Change Orders and/or Supplemental Agreements approved by the SCLAA and the Federal Aviation Administration (FAA) and approved revisions to Plans & Specifications;

2. Permits from other agencies as may be required by law;

3. This Contract and its Exhibits “A” through “C” (subject to the limitations of Section 2.a);

4. Bid Addenda issued by the SCLAA;

5. Notice Inviting Bids;

6. Instructions to Bidders;

7. Federal and State Requirements;

8. FAA General Provisions;

9. SCLAA General Provisions;

10. Technical Specifications Special Requirements Modified FAA A/C 150/5370-10H (including Appendices);

11. Project Plans (detailed plans shall have precedence over general plans);

12. Required Bid Documents and Proposal Forms;

13. Required Bid Documents and Proposal (including Price Schedules) completed by Contractor and submitted to SCLAA, subject to the limitations in Sections 2 and 7.a of this Contract);

14. Faithful Performance Bond;

15. Payment Bond;

16. Guaranty;

17. Bidder’s Bond;

18. State of California, Department of Transportation, Standard Specifications.

b. The above-listed Contract Documents are complementary; what is called for in one is binding as if called for by all. To the extent that portions of the Contract Documents are not attached to this Contract, they shall be deemed incorporated herein by this reference.

Section 3. CONTRACTOR’S OBLIGATIONS FOR CONSTRUCTION WORK

Contractor shall perform or cause to be performed the work required to complete Phase VI of the Project as specifically set forth in the Contract Documents. Contractor shall furnish, at its own cost and expense, all labor, services, materials, tools, equipment, supplies, transportation, and any other items and facilities necessary therefor, as provided in the Contract Documents.

Section 4. TIME OF COMPLETION

a. Contract Time. Contractor shall complete the work for Phase VI within ONE HUNDRED TWENTY (120) CALENDAR DAYS of the date specified in the SCLAA’s Notice to Proceed.

b. Liquidated damages. If Contractor fails to complete the work for Phase VI within the Contract Time period as specified above, including any approved extensions thereto, Contractor shall pay to the SCLAA, as liquidated damages and not as a penalty, the sum specified in the 3 Construction Contract/Coffman Specialties, Inc./Project CC26-043

Contract Documents for each calendar day in excess of the Contract Time periods specified herein that the work remains incomplete.
c. Adjustments to Contract Time. The Contract Time period for Phase VI as specified in this Section 4 may only be adjusted for time extensions approved by the SCLAA and the FAA and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents.

d. Time of the Essence. Time is of the essence in the performance of this Contract.

Section 5. COMPENSATION TO CONTRACTOR; MANNER OF PAYMENT

a. Subject to the provisions of Section 3 of this Contract and Section XVII of the Instructions to Bidders, CONTRACTOR agrees to accept the following as compensation for satisfactory completion of the work in accordance with the Contract Documents a total amount not to exceed Eight Million Seven Hundred Twenty -five Thousand and 00/100 Dollars ($8,725,000.00), (the “Contract Amount”). See Exhibit “B”, Bid Proposal Price Schedules.

b. The Contract Amount shall be full compensation to Contractor for: furnishing all tools, labor, materials, and equipment; doing all the work contemplated and embraced in this Contract and the Contract Documents; all loss or damage arising out of the nature of the aforesaid work, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA; all risks of every description connected with the work; all expenses incurred by or in consequence of the suspension or discontinuance of work; and well and faithfully completing the whole work thereof, according to the requirements of the Contract Documents and to the satisfaction of James Murawski, Airport Director, or his designee, as set forth therein.

c. Subject to any adjustments for quantities or alterations of work authorized by the SCLAA as provided for in the Contract Documents, including without limitation the provisions of Paragraph 3.21 of the Instructions to Bidders relating to FAA funding constraints, payments to Contractor shall be made in the manner set forth in Section 3.35 of the Instructions to Bidders and General Provisions Section 90 Measurement and Payment.

d. Payments to Contractor in excess of the Contract Amount shall only be made pursuant to such written Change Orders and/or Supplemental Agreements issued by the SCLAA in accordance with the Contract Documents and Section 21 of this Contract.

Section 6. TERMINATION, SUSPENSION AND DEFAULT

Any violation or breach of terms of this Contract by Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the SCLAA pursuant to this Contract. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

Section 7. PREVAILING WAGES

a. Compliance with State and Federal Wage Requirements. As a f ederally funded Project, the work called for in this Contract must be carried out in compliance with both Federal 4 Construction Contract/Coffman Specialties, Inc./Project CC26-043

and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Contract and the Bid Proposal and Price Schedules submitted by Contractor, then this Contract shall control and nothing herein shall be considered as an acceptance of the terms of said Bid Proposal conflicting with the requirements of this Section.

b. State Wages - In accordance with the provisions of California Labor Code Sections 1770-1776, 1813, and 1815), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the SCLAA and the State of California via the internet at
www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.

c. Federal Wages – In accordance with the provisions of the Davis -Bacon Act, and related Federal labor requirements in the Contract Documents with which Contractor has agreed to comply, the Secretary of Labor has determined the general prevailing wage rates, applicable to federally funded construction projects. A copy of the current General Federal Wage Decision applicable to the work to be performed on this Project is attached to this Contract as Exhibit “B”.

Contractor and all subcontractors shall pay not less than said specified Federal rates to all workers employed by them in the execution of the work under this Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates.

d. Payment of State Wages Required when Higher . Notwithstanding the provisions of Subsection c above, payment of State Prevailing Wage Rates when higher than Federal Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The SCLAA is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all subcontractors.

e. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

f. Contractor shall provide completed WEEKLY CERTIFIED PAYROLL and DAILY SIGN IN SHEETS with each invoice presented to the SCLAA, substantially in the form and containing the information set forth on the sample Weekly Certified Payroll and Daily Sign In Sheets provided in the Contract Documents. Payment of said invoices WILL be delayed absent these documents.

5 Construction Contract/Coffman Specialties, Inc./Project CC26-043

g. Contractor shall provide completed EMPLOYEE INFORMATION SHEETS, substantially in the form and containing the information set forth on the sample Employee Information Sheets provided in the Contract Documents, for each employee listed on the Weekly Certified Payroll or Daily Sign In Sheets prior to, or along with the first invoice. This document is required only once per employee. Payment of said invoices WILL be delayed absent these documents.

h. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to SCLAA TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

i. Designation as Contractor Not Determinative . For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection (a) above, despite being designated as a Contractor.

j. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.

k. Payroll Records . Contractor and its subcontractors 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 subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered 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 the SCLAA, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
6 Construction Contract/Coffman Specialties, Inc./Project CC26-043

3. Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten (10) days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten (10) 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.

4. Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the SCLAA. Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice.

l. 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.

m. 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.

n. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other applicable requirements of 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 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.

o. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:

p. Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the SCLAA 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 Agreement 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.

q. Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the SCLAA, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement 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 Section 1810 et seq., eight (8) hours is the legal working day.

r. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR. 7 Construction Contract/Coffman Specialties, Inc./Project CC26-043

s. 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 Agreement, 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 Agreement is entered into and maintain registration for the duration of the Project.

Section 8. W ORKERS’ COMPENSATION INSURANCE

a. Contractor shall procure and maintain, at its own expense, during the Term of this Contract, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law and as further specified in the Contract Documents. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.

b. In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 9. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or furnished by Contractor under this Contract unless and until a Notice to Proceed for the Project has been given to the Contractor by the SCLAA. Contractor shall commence work pursuant to the Contract Documents as directed by the SCLAA in the applicable Notice to Proceed and shall diligently execute the same to completion within the Contract Time period set forth herein.

Section 10. COMPLIANCE WITH LAWS

a. Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor , its employees, officers, board members, agents, independent contractors, and subcontractors.

b. Contractor shall also comply with the Disadvantaged Business Enterprise (DBE) Contract Provisions attached hereto as Exhibit “C” and such other requirements as are set forth in the Contract Documents, the SCLAA’s DBE Program, and 49 CFR Part 26 relating to DBEs.

c. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 11. COMMERCIAL GENERAL and AUTOMOBILE LIABILITY INSURANCE 8 Construction Contract/Coffman Specialties, Inc./Project CC26-043

The Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors.

Minimum Scope of Insurance and Limits

Contractor warrants that Contractor has obtained all insurance required under this contract. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained.

Contractor shall maintain at all times during the life of this contract the following policies of insurance:

a. Workers’ Compensation Insurance
Coverage A – Statutory benefits and
Coverage B – Employer’s Liability Insurance providing a minimum coverage for:

Each Accident: $1,000,000
Each Employee: $1,000,000
Policy Limit: $1,000,000

In addition, coverage must include a Waiver of Subrogation Endorsement in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of the SCLAA.

b. Comprehensive General Liability
The limits of liability shall not be less than:

Type Contractor Subcontractors
Each Occurrence Limit $5,000,000 $2,000,000
Personal Advertising Injury Limit $5,000,000 $2,000,000 Products/Completed Operations
Aggregate
Limit
$10,000,000 $2,000,000
General Aggregate Limit
(Other than Products/Completed
Operations)
$10,000,000 $2,000,000

Coverage is required to be on an Occurrence form and shall apply to bodily injury and property damage for operations (including subsidence, explosion, collapse and underground coverage), independent contractors, products and completed operations. Limits can be provided by a combination of a primary Commercial General Liability policy and Excess or Umbrella Liability policy.

Including coverage for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Con tractor or its officers, employees, servants, volunteers and agents, and independent contractors.

9 Construction Contract/Coffman Specialties, Inc./Project CC26-043

 CGL (Comprehensive General Liability) coverage shall include an Endorsement CG 20 10 11 85, or an equivalent Additional Insured endorsement form, or form(s) that provide the Additional lnsured(s) with both general liability "Ongoing Operations" and "Completed Operations" coverage. Similar forms that can be used and issued together are CG 20 10 10 01 & CG 20 37 07 04. Additional Insured endorsements must specifically name the SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of the SCLAA, and other parties as required by the SCLAA as Additional Insureds as required by the written contract.

 CGL (Comprehensive General Liability) coverage shall include an Endorsement stating: "Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non-contributing with the coverage provided under this policy."

 CGL coverage shall include a "Per Location Aggregate Endorsement" and attached to the Certificate.

 CGL Coverage should include a General Liability Waiver of Subrogation in favor of the SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of the SCLAA.

• Contractor and all of their Subcontractors performing work on the project shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Complete Operations coverage for itself and each additional insured for at least three (3) years after completion of the Work.

c. Umbrella/Excess Insurance
• Umbrella/Excess coverage must include as insureds all entities that are additional insureds on the CGL.

• Umbrella/Excess coverage for such additional insureds shall apply as primary before any other insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL. Auto Liability and Employers Liability coverages maintained by the Subcontractor.

d. Automobile Liability Insurance
The limits of liability shall not be less than:

Each Accident: $1,000,000

• Contractor, and all subcontractors shall procure and maintain, at its own expense, during the Term of this Agreement, Commercial Vehicle Liability Insurance covering person injury and property damage, of not less than One Million Dollars ($1,000,000.00) combined single limit, including, but not limited to owned autos, 10 Construction Contract/Coffman Specialties, Inc./Project CC26-043

hired or non -owned autos, covering any vehicle utilized by Contractor, subcontractor, or its officers, employees, servants, v olunteers, or agents and independent contractors in performing the services required by this Contract. The SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of the SCLAA shall be included as insureds on the auto policy. Coverage should include or be outlined in the policy form and Auto Liability Waiver of Subrogation provision in favor of the SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of the SCLAA and other parties as required by the SCLAA shall be included as insureds on the auto policy.

Notice of Cancellation

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to the SCLAA. In the case of non-payment, ten (10) days advance written notice shall be given.

Acceptability of Insurers

Insurance is to be placed with insurers that have a current A.M. Best's rating of no less than A: VII.

Verification of Coverage

Contractor shall furnish the SCLAA with the original Certificates and all endorsements, and waiver of subrogation. These forms must be attached to the Certificates of Insurance outlining coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and waivers are to be received and approved by the SCLAA before work commences. As an alternative to the SCLAA, and at the approval of the Risk Manager; the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Deductibles and Self-Insured Retentions

Any deductibles or self -insured retentions must be declared to and approved by the SCLAA. At the option of the SCLAA, either the insurer shall reduce or eliminate such deductibles or self-insured retentions that pertains to the SCLAA, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Notice of Cancellation

Section 12. BREACH OF CONTRACT

Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

The SCLAA will provide Contractor, or its subcontractors written notice that describes the nature of the breach and corrective actions the Contractor or its subcontractors must undertake in order to avoid termination of the contract. The SCLAA reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the SCLAA elects to terminate the contract. The SCLAA ’s notice will identify a specific date by which the Contractor or its subcontractors must correct the breach. The SCLAA may proceed with termination of the contract if the Con tractor or its subcontractors fails to correct the breach by the deadline indicated in the SCLAA’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

Section 13. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, subcontractors and independent contractors, including, without limitation, the SCLAA Legal Counsel, are named as Additional Insureds.

Section 14. WAIVER OF SUBROGATION RIGHTS

Section 15. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF WORK

a. Contractor shall secure from a good and responsible company or companies , authorized to do insurance business in the State of California the policies of insurance as required by this Contract and the Contract Documents, and shall furnish to the SCLAA Secretary certificates of said insurance at least one (1) day prior to the commencement of any work to be performed under this Contract.
12 Construction Contract/Coffman Specialties, Inc./Project CC26-043

b. The certificates of insurance shall bear an endorsement providing that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the duration of this Contract.

e. The C ommercial General Liability and automobile liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be pri mary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Contractor’s insurance and shall not contribute to it.”

f. Subcontractor Insurance. Contractor shall include all subcontractors as additional insureds under its policies or shall secure separate certificates and endorsements from each Subcontractor. All Subcontractor coverages shall be subject to all of the requirements stated in this Contract and the Contract Documents.

g. Pollution Liability. Pollution Liability Insurance, providing coverage for bodily injury, property damage, including cleanup costs and defense costs resulting from sudden, accidental, and gradual pollution conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. The minimum limit shall be Two Million ($2,000,000) each occurrence or claim and ($4,000,000) Four Million aggregate.

Section 16. SECURITIES AND GUARANTY

Concurrently with the execution of this Contract by the Contractor, and before the commencement of any work, Contractor shall furnish to the SCLAA a Faithful Performance Bond, and a Payment (Labor and Materials Bond) in the amount equal to one hundred percent (100%) of the Compensation noted in Section 5.a of this Contract . Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California. Contractor shall also execute and provide to the SCLAA concurrently with the execution of this Contract, the one-year Guaranty on the sample form so provided in the Contract Documents.

Section 17. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its 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, (herein "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 negligent performance of the work, operations or activities of Contractor, 13 Construction Contract/Coffman Specialties, Inc./Project CC26-043

its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLAA its officials, officers, agents, volunteers or employees, and in connection therewith:

a. 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;

Contractor will promptly pay any judgment rendered against the SCLAA, its officials, officers, agents 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') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless there from;

In the event the SCLAA, its 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 negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLAA, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the SCLAA, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to SCLAA;

d. Contractor's duty to defend and indemnify 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;

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

Section 18. REPORTS

As required by the Contract Documents and as further may be requested by James Murawski, Airport Director, or his d esignee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Contract.

Section 19. RECORDS

14 Construction Contract/Coffman Specialties, Inc./Project CC26-043

a. Contractor shall keep such books and records as shall be necessary to perform the work as required by this Contract and the Contract Documents and to enable James Murawski, Airport Director, or his designee to evaluate the cost and the performance of such work.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles and as may otherwise be required by the Contract Documents. Contractor agrees to provide the SCLAA, the Federal Aviation Administr ation and the Comptroller General of the United States or any of their duly authorized representatives, full access to any books, documents, papers, and records of Contractor which are directly pertinent to the Project at all reasonable times for the purpose of making inspection, copies, audit, examination, excerpts and transcriptions.

c. Contractor agrees to retain t he records listed in Subsection b above, as well as supporting documents pertaining to the use of funds paid to Contractor hereunder for a period of five (5) years after the final payment is made under this Contract and matters pending as to the Project are closed.

Section 20. MODIFICATIONS AND AMENDMENTS

This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

Section 21. ENTIRE AGREEMENT

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

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

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

Section 22. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by the provisions of Sections 2 and 7a of this Contract, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract.

Section 23. NOTICES

15 Construction Contract/Coffman Specialties, Inc./Project CC26-043

a. A ny 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 addres sed to the Parties as follows:

To the SCLAA: James Murawski, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394

To Contractor: Colleen Coffman, President
Coffman Specialties, Inc.
9685 Via Excelencia, Suite 200
San Diego, CA 92126

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 24. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES

No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.

Section 25. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Contract and all related documents.

Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

Section 26. CARE OF WORK

C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.

Section 27. CAPTIONS AND HEADINGS

The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 28. SUCCESSORS, HEIRS, AND ASSIGNS

16 Construction Contract/Coffman Specialties, Inc./Project CC26-043

Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Contract and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.

Section 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. ATTORNEYS’ FEES

Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Contract concerning this Contract or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
17 Construction Contract/Coffman Specialties, Inc./Project CC26-043

Section 35. EFFECTIVENESS OF AGREEMENT

This Contract shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Contractor, approved as to form by SCLAA General Counsel, approved by SCLAA Risk Manager, and executed by the authorized the SCLAA personnel or SCLAA Chairman.

Section 36. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING CONTRACT

a. Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto.

b. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

Section 37. 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 38. INDEPENDENT CONTRACTOR STATUS

Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents or subcontractors, and they shall not be deemed agents, servants or employees of the SCLAA.

Section 39. 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 40. CARB COMPLIANCE OBLIGATIONS

a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements.

Contractor 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.

(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 18 Construction Contract/Coffman Specialties, Inc./Project CC26-043

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 SCLAA and 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.

[END OF THIS PAGE – SIGNATURES FOLLOW]

19 Construction Contract/Coffman Specialties, Inc./Project CC26-043

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

SOUTHERN CALIFORNIA LOGISTICS COFFMAN SPECIALTIES, INC.

AIRPORT AUTHORITY

By:_________________________________ By:________________________________ Elizabeth Becerra, Collen Coffman,
Authority Chairman President

Dated:______________________________ Dated:______________________________

ATTEST

By:_________________________________
Jennifer Thompson,
Authority Secretary

Dated:______________________________

APPROVED AS TO STANDARD FORM

By:________________________________
Andre de Bortnowsky,
Authority Legal Counsel

Dated:_____________________________

By:________________________________
Sandra Bostick,
Authority Risk Manager

Dated:_____________________________

20 Construction Contract/Coffman Specialties, Inc./Project CC26-043

EXHIBIT “A”

SCOPE OF WORK

SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed (i) as generally described in the Invitation for Bids for the Project CC26 -043 and applicable Addenda, portions of which are attached hereto for ease of reference as Exhibit “A”, and the entirety of which is currently on file in the office of the Authority Secretary; and (ii) the prices set forth in the Contractor’s Bid Proposal (attached as Exhibit “B”).

See Attachment

21 Construction Contract/Coffman Specialties, Inc./Project CC26-043

SCOPE OF WORK

This Project entails the sixth phase of the reconstruction of the asphalt portions of Runway 17/35, consisting of the removal and replacement of approximately 129,450 square feet of structural runway pavement section to current Federal Aviation Administrat ion ("FAA") Design Standards. Ancillary of the runway reconstruction work, partial replacement of approximately 1,600 linear feet of existing asphalt runway shoulders shall be performed. Furthermore, the reconstruction of the Runway 35 blast pad pavement (93,300 square feet) shall be performed provided that adequate grant funds are provided by the FAA. In addition, the removal and replacement of approximately 242,350 square feet of additional structural runway pavement section to current FAA Design Standards shall be performed provided that adequate grant funds are provided by the FAA. Ancillary to the additional runway reconstruction work, approximately 3000 linear feet of partial replacement of existing asphalt runway shoulders shall be performed provided that adequate grant funds are provided by the FAA. Time being of the essence, the work under this contract shall be diligently prosecuted to completion before expiration of 120 CALENDAR DAYS beginning on the date specified in the Notice to Proceeds. 22 Construction Contract/Coffman Specialties, Inc./Project CC26-043

EXHIBIT “B”

BID PROPOSAL FORMS

See Attachment

30 Construction Contract/Coffman Specialties, Inc./Project CC26-043 EXHIBIT “C”
DI

SADVANTAGED BUSINESS

ENTERPRISE CONTRACT PROVISIONS
F

EDERAL WAGE DECISIONS
S
ee Attachment
31 Construction Contract/Coffman Specialties, Inc./Project CC26-043 EXHIBIT “C”
In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the Southern California Logistics Airport Authority (SCLAA) has adopted a Disadvantaged Business Enterprise (DBE) Program, in conformance with Title 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”
 This DOT -assisted project is subject to these stipulated regulations and the SCLAA’s D BE program, which are hereby incorporated in their entirety by this reference Contractor must complete and submit all required DBE documentation to effectively capture all DBE utilization on the SCLAA’s DOT-assisted contracts whether achieved race neutrally or race consciously. No changes to Contractor’s DBE Commitment shall be made until proper protocols for review and approval of the SCLAA are rendered in writing.

I. Contractor’s Required Clauses
Contractor shall ensure that the following clauses are placed verbatim in every Subcontract agreement, broker, dealer, vendor, supplier or Purchase Order (PO) or other source agreements issued to both DBE and non-DBE firms. This clause applies to both DBE and non-DBE subcontractors:

A. Non-Discrimination Clause
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the SCLAA deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.

B. Prompt Payment Clause
The Prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the Contractor receives from the SCLAA. The Contractor DBE CONTRACT PROVISIONS :
32 Construction Contract/Coffman Specialties, Inc./Project CC26-043 agrees further to return retainage payments to each subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the SCLAA. This clause applies to both DBE and non-DBE subcontractors.

C. A ny violation of the Prompt Payment Clause provision listed above shall subject the violating contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the Contractor or subcontractor in the event of a di
spute involving late payment or nonpayment by the Contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.

Failure to comply with the Prompt Payment Clause provision without prior approval from the SCLAA will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, a penalty of two percent (2%) of the invoice amount due per month, for every month that full payment is not made.

D. I
n the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contractor or subcontractor to a subcontractor, the Contractor or subcontractor may withhold no more than 150 percent of the disputed amount.

E. The
sanctions authorized under this section shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This provision applies to both DBE and non-DBE contractors and subcontractors.

II. DBE Goal and Contractor DBE Commitment
The SCLAA establishes contract-specific DBE goals to meet any portion of the SCLAA’s Overall DBE Goal that the SCLAA does not project being able to meet using race-neutral means. The SCLAA establishes contract -specific goals only on those DOT-assisted contracts that have subcontracting opportunities.

The SCLAA may establish a DBE contract goal that is higher or lower than its overall goal, depending on such factors as the type of work involved, the location of the work, and the availability of DBEs for the work of the particular contract.

The SCLAA established a 14% DBE contract -specific goal on this project and the Contractor has committed to 12.48% DBE participation. The Contractor is required to demonstrate DBE responsiveness towards meeting the 14% DBE contract -specific goal on this project as well as their DBE commitment.

Contractor agrees to ensure that any DBE subcontractor listed on the “DBE Participation Commitment Form” will perform work and/or supply materials in accordance with original commitments, unless otherwise directed and/or approved by the SCLAA prior to Contractor effectuating any changes to its DBE participation commitment(s). 33 Construction Contract/Coffman Specialties, Inc./Project CC26-043 The Contractor must demonstrate responsiveness to meeting the DBE goal throughout the life of the project. The Contractor's DBE commitment shall be evaluated by dividing the value of DBE commitments (executed subcontracts or purchase orders) by the Contractor's total contract value. DBE utilization or DBE attainment will be evaluated by dividing the dollars paid to DBE firms by the Contractor’s current contract value.

The Contractor must notify the SCLAA in a timely manner and in writing, of changes to planned DBE participation or problems anticipated in attaining the DBE goal. In accordance with the SCLAA's DBE Program, the Contractor must include satisfactory evidence good faith efforts were undertaken and must specify additional good faith efforts planned to remedy any shortfall towards meeting the project DBE goal.

If there is a change order to a contract on which there is a DBE contract goal, then that contract goal applies to the total contract value, inclusive of all change orders. This is true regardless of whether the SCLAA or the Contractor initiates the change order.

Victorville City CouncilOctober 7, 2025

Victorville City Council
October 7, 2025