Attachment C - Construction Agreement MS27-034 — Victorville City Council, October 20, 2026

Attachment C
Construction
Agreement MS27-034
1 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
INTERIOR DEMOLITION, INC.

FOR
2026 CDBG ASBESTOS AND ABATEMENT DEMOLITION, PROJECT
MS27-034
THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Interior Demolition, Inc., a California corporation hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS, the City requires 2026 CDGB Asbestos and Abatement Demolition, Project MS27-034 (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with 2026 CDBG Asbestos and Abatement Demolition; and

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 Agreement by this reference, as though set forth herein.

Section 2. TERM OF AGREEMENT
This Agreement shall commence within fifteen (15) calendar days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project sixty (60) calendar days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a monthto-month basis until terminated pursuant to Section 3 below.

Section 3. 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. 2 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 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.

Section 4. CONTRACT DOCUMENTS; PRIORITY
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 intended to be correlative and constitute Contractor’s performance obligations:

1. This Agreement.

2. Exhibits A & B.

3. Notice Inviting Bids for the Project.

4. Specifications for the Project.

5. Special Provisions.

6. Accepted Proposal.

7. List of Subcontractors.

8. Faithful Payment & Performance Bonds.

9. Non-Collusion Declaration.

10. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection

4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed two hundred eighty-four thousand six hundred fifty-eight and 21/100 Dollars ($284,658.21), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, 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 City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Jorge Duran, Code Enforcement Official, or his designee, to wit: See Exhibit “A”, Scope of Work.

3 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Section 7. BID PROPOSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.

Section 8. PREVAILING WAGES
a. Compliance with State and Federal Wage Requirements. As a federally funded Project, the work called for in this Contract must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this 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 (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable), 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 CITY 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 Department 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. 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 or any political 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 readymixed concrete and the party that engaged its services. 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.
d. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties. e. 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 “C”.

Contractor and all subcontractors shall pay not less than said specified Federal rates to all workers 4 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 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. f. 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 City is considered a California awarding body.

Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all subcontractors. g. 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. h. Contractor shall provide completed WEEKLY CERTIFIED PAYROLL and DAILY SIGN IN SHEETS with each invoice presented to the CITY, 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.
i. 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.
j. 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 CITY TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. 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.

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 5 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished 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 as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS
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. 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 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance, of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

Section 13. POLLUTION LIABILITY INSURANCE
Pollution Liability Insurance shall be provided for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $5,000,000 per claim/occurrence. All activities contemplated in this Agreement shall be specifically scheduled or referenced to locations on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. If the services involve lead-based paint or asbestos identification/remediation, the Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. 6 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

Section 15. 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 officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES
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 required by this Agreement and furnish to the City Clerk certificates of said insurance at least two (2) weeks prior to the commencement of any services to be performed under this Agreement. b. The certificates of insurance shall bear an endorsement whereby it is provided 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 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 City of such termination or expiration. d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and 7 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 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, 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 City 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;
b. Contractor will promptly pay any judgment rendered against the City, 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 City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, 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 City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; 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 19. REPORTS
Upon request by Jorge Duran, Code Enforcement Official, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
8 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Jorge Duran, Code Enforcement Official or his designee, to evaluate the cost and the performance of such services.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Jorge Duran, Code Enforcement Official, or his designee, 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 Jorge Duran, Code Enforcement Official, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT
a. This Agreement 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 Agreement.
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 Agreement and the Contract Documents. 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 23. AMBIGUITIES
This Agreement 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 Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibits “A” and “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibits “A” and “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibits “A” and “B” shall be deemed to supersede any of the provisions of this Construction Agreement. 9 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Jorge Duran, Code Enforcement Official
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Maria Molina, Secretary and Treasurer
Interior Demolition, Inc.
23508 Pine Street
Newhall, CA 91321
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF 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 Agreement.

Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents.

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

Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the 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 at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.

Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement 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.
10 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 31. SEVERABILITY
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 Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, 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 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. 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 agreement concerning this agreement 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.
11 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement 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 Mayor.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

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

Section 38. COUNTERPARTS
This Agreement 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 Agreement.

Section 39. 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 Contract.
(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/ourwork/programs/advanced-clean-fleets. (2) Effective January 1, 2024, CARB implemented amendments to the In-Use OffRoad 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 Contract. 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 12 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.
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13 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE INTERIOR DEMOLITION, INC.

By:_________________________________ By:_________________________________ Elizabeth Becerra Maria Molina
Mayor Secretary and Treasurer
Dated:______________________________ Dated:______________________________ ATTEST
By:________________________________
Jennifer Thompson,
City Clerk
Dated:_____________________________

APPROVED AS TO STANDARD FORM
By:________________________________
Andre de Bortnowsky,
City Attorney
Dated:_____________________________
By:________________________________
Sandra Bostick,
Risk Manager
Dated:_____________________________
14 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT A

SCOPE OF WORK
City 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 in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number MS27-034, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A" (if available), and the entirety of which is currently on file in office of the City Clerk); (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B"); and (iii) with the instructions of the City Engineer, (if applicable, if not, remove). 15 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Exhibit A

SCOPE OF WORK

1. Project Overview
Contractor will provide complete asbestos abatement, demolition, debris removal, disposal, site clearance, and related work at the following four properties:
11757 Kittering Road, Victorville, CA 92392
13733 Starshine Drive, Victorville, CA 92392
16672 E Street, Victorville, CA 92395
18401 Shay Road, Victorville, CA 92394
The Contractor shall furnish all labor, supervision, materials, equipment, transportation, permits, disposal, regulatory notifications, documentation, and incidental services necessary to complete the work in accordance with the Contract Documents, property-specific asbestos survey reports, applicable codes, and all federal, state, and local requirements.

2. Asbestos and Lead Abatement
The City will provide property-specific asbestos and lead survey reports for each applicable project location as part of the Contract Documents. The Contractor shall review all survey reports and include in its bid all labor, materials, equipment, containment, transportation, disposal, documentation, and regulatory compliance necessary to properly abate all asbestoscontaining materials and lead-containing materials identified within the reports and required to be removed prior to or as part of demolition.

The Contractor shall be solely responsible for properly performing and coordinating all required asbestos and lead abatement prior to demolition, including work performed by qualified subcontractors.

The Contractor shall:

Perform asbestos and lead abatement through appropriately licensed, certified, trained, and registered contractors and personnel as required by applicable law.

Maintain all required CSLB licenses, Cal/OSHA/DOSH registrations, certifications, and other regulatory approvals applicable to the work.

Review and comply with the property-specific asbestos and lead survey reports provided by the City.

Provide all required notifications to regulatory agencies prior to commencing asbestos or lead abatement activities.

Provide all required containment, worker protection, environmental controls, air monitoring, and other safeguards required for the work.

Properly remove, handle, package, transport, and dispose of asbestos-containing materials, lead-containing materials, and other regulated waste at appropriately permitted disposal facilities.

Comply with all applicable federal, state, regional, and local asbestos, lead, air quality, hazardous material, and waste disposal requirements.

Provide the City with all required waste manifests, disposal receipts, regulatory documentation, clearance reports, certifications, and closeout documentation. 16 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Complete all required asbestos and lead abatement and obtain any required clearance or authorization prior to commencement of demolition activities.

The City's provision of asbestos and lead survey reports shall not relieve the Contractor of its responsibility to comply with applicable laws, regulations, safe work practices, or regulatory requirements associated with asbestos and lead abatement.

Any material encountered during the work that is suspected to contain asbestos, lead, or another hazardous substance but is not addressed within the applicable survey report shall not be disturbed. The Contractor shall immediately stop work in the affected area and notify the City for further direction before proceeding.

3. Demolition and Site Clearance
Following completion of required asbestos abatement, the Contractor shall completely demolish and remove the structures and improvements identified by the City.

Demolition work shall include, as applicable:

Demolition and removal of the primary structure and identified accessory structures.

Removal of foundations, slabs, footings, and related improvements where required by the Contract Documents.

Removal and lawful disposal of all demolition debris and waste.

Removal, disconnection, abandonment, or capping of utilities as required by the applicable utility provider and City.

Protection of adjacent properties, improvements, utilities, streets, sidewalks, and other facilities.

Dust, debris, and erosion control throughout the work.

Filling of excavations and depressions created by demolition.

Rough grading and stabilization of the site to provide a safe, clean, and level condition.

Removal of temporary fencing, equipment, materials, and debris upon completion.

Final cleanup of each property to the satisfaction of the City.

The Contractor shall not disturb improvements specifically identified by the City to remain.

4. Permits and Inspections
The Contractor shall obtain and pay for all permits, approvals, notifications, and inspections required to perform the work, including all applicable City of Victorville demolition and construction permits.

The Contractor shall coordinate directly with the City Building Division and other applicable City departments regarding required inspections. Underground utility capping or abandonment shall be verified as required by the City prior to burial or concealment.

5. Licensing and Public Works Requirements
The prime Contractor and all subcontractors shall possess valid California contractor licenses appropriate for the work being performed.

The demolition work shall be performed by a contractor legally authorized to perform demolition work in California. Asbestos abatement shall be performed by a contractor possessing all licenses, certifications, and registrations required by CSLB, Cal/OSHA/DOSH, and other applicable regulatory agencies.
17 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 The Contractor and all subcontractors shall maintain active California Department of Industrial Relations public works contractor registrations for the duration of the Project.

This Project is subject to California prevailing wage requirements. The Contractor and all subcontractors shall pay not less than the applicable prevailing wage rates and shall comply with all applicable apprenticeship and public works requirements.

6. Federal Labor Requirements
The Project is funded in whole or in part through Community Development Block Grant funds.

To the extent applicable to the Project, the Contractor and subcontractors shall comply with the Davis-Bacon and Related Acts, applicable U.S. Department of Labor wage determinations, HUD labor standards, and all other applicable federal CDBG requirements incorporated into the Contract Documents.

Where both federal and California prevailing wage requirements apply, the Contractor shall pay the wage rate and fringe benefits required under the applicable Contract Documents and governing law.

7. Certified Payroll
The Contractor and all subcontractors shall prepare, maintain, and submit certified payroll records as required by the California Department of Industrial Relations and, where applicable, federal Davis-Bacon/HUD requirements.

Certified payroll records shall be submitted in the manner and frequency required by the City, DIR, HUD, and other applicable agencies.

8. Insurance
Prior to commencement of work, the Contractor shall procure and maintain all insurance required under the City of Victorville's current Construction Insurance Requirements, as approved by City Risk Management and incorporated into the Contract Documents.

Required insurance shall remain in effect for the duration of the Project and shall include all endorsements, additional insured provisions, primary and noncontributory provisions, waiver of subrogation requirements, and other documentation required by the City.

No work shall commence until all required insurance documentation has been reviewed and accepted by the City.

9. Site Access and Authorization to Proceed
The Contractor shall not enter or commence work at any property until specifically authorized by the City.

Certain properties may require the City to obtain an abatement warrant or other legal authorization before work may commence. The City may issue authorization to proceed on a property-by-property basis.

No additional compensation shall be due solely because authorization to proceed is issued separately for individual properties.

10. Retention and Project Closeout
The City shall withhold five percent (5%) retention from progress payments in accordance with the Contract Documents and applicable law.
18 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 Retention shall not be released until the Contractor has completed all work to the City's satisfaction, all required closeout documentation has been received, the Project has been formally accepted, and the applicable Notice of Completion has been recorded with San Bernardino County, subject to applicable statutory requirements.

Closeout documentation shall include, as applicable:

Final certified payroll records
Asbestos clearance documentation
Waste manifests and disposal receipts
Permit final approvals
Required lien releases
Final invoices
Warranty or certification documents
Any other documentation required by the City

11. Contractor Responsibility
The Contractor shall be responsible for all means and methods of construction and demolition, site safety, worker safety, protection of the public, environmental compliance, regulatory compliance, subcontractor coordination, and completion of the work in accordance with the Contract Documents.

All work shall be performed in a professional and workmanlike manner and shall comply with applicable City of Victorville requirements and all applicable federal, state, county, and local laws, codes, regulations, and standards.
19 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT B

BID PROPOSAL FORMS
See Attachment
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Remove and cap all utilities within five feet of property line. If property has a septic system, refer to line item below for bid cost. Note: Capping of underground utilities is to be verified by an inspector with the Building Division prior to burial. 1 LS $3,850.00 $3,850.00 2 Remove entire structure as well as foundation for all structures within property. This is to include all slabs and footings related to structure. Contractor is responsible for determination of square footages and quantities. Earth should be cleared and rough graded so historic drainage will be left unchanged. Note: Proposed drainage plan is required before any work is started. 1 LS $27,960.40 $27,960.40 3 Remove all site improvements, trash, debris, wood, lumber, and leftover belongings on the subject property, including but not limited to, block walls, flatwork such as concrete or asphalt parking surface, and stairs and all chain link, wood or vinyl fencing. Shared neighbor fencing should be left in place. Existing improvements adjacent to the street including driveway aprons, sidewalk, curb and gutter are to remain in place unless otherwise noted. Contractor is responsible for determination of square footages and 1 LS $11,824.81 $11,824.81 4 Remove all landscaping, shrubs, trees and irrigation within property. If specific trees or shrubs are requested to remain, they will be clearly marked. All trees within close proximity of items such as retaining walls, garden walls and property line will remain unless specifically requested or marked for removal. 1 LS $9,020.00 $9,020.00 5 Septic system if existing is to be pumped and removed. Abandon and backfill pit. The removal of septic system will require that all building codes are followed. Abandonment shall be verified by building inspector. 1 LS $4,400.00 $4,400.00 6 contractor is required to adhere to California Regulations, Title 8, subchapter 4 construction safety orders, article 4 dusts, fumes, mists, vapors, and gases, section 1529- Asbestos.
1 LS $3,300.00 $3,300.00
Total $60,355.21
11757 KITTERING RD. VICTORVILLE, CA 92392 EXHIBIT B BID PROPOSAL, PROJECT MS27-034 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT B
BID PROPOSAL, PROJECT MS27-034
Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT B
BID PROPOSAL, PROJECT MS27-034
Construction Agreement/ Interior Demolition, Inc. / Project MS27-034 2 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT C
General Federal Wage Decision
See Attachment

EXHIBIT C
GENERAL FEDERAL WAGE DECISION, PROJECT MS27-034
Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT C
GENERAL FEDERAL WAGE DECISION, PROJECT MS27-034
69 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT C
GENERAL FEDERAL WAGE DECISION, PROJECT MS27-034
70 Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

EXHIBIT C
GENERAL FEDERAL WAGE DECISION, PROJECT MS27-034
Construction Agreement/ Interior Demolition, Inc. / Project MS27-034

Victorville City CouncilOctober 20, 2026

Victorville City Council
October 20, 2026