Annual Maintenance for Pond 14.pdf

REQUEST FOR BID

MS27-044

ANNUAL MAINTENANCE FOR POND 14

Victorville Water District

14343 Civic Dr.

Victorville, California 92392

RELEASE DATE: September 30, 2026

DEADLINE FOR QUESTIONS: October 15, 2026

RESPONSE DEADLINE: October 22, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/victorvilleca https://secure.procurenow.com/portal/%7bproject.government.code%7d

Victorville Water District

REQUEST FOR BID

Annual Maintenance for Pond 14

I. INTRODUCTION

II. NOTICE INVITING BIDS

III. INSTRUCTIONS TO BIDDERS

IV. SCOPE OF WORK

V. PRICING PROPOSAL

VI. BID SUBMITTAL FORMS

Attachments:

A - DAS 140-142

B - Construction and Demolition Waste Diversion Compliance

C - Construction_Demolition_Waste_Recycling_Plan_

D - Water_District_-_SAMPLE_CONSTRUCTION_AGMT. (2)

E - DISTRICT_Payment_Bond_MS27-044

F - GUARANTY_BOND_-_DISTRICT

G - DISTRICT_Performance_Bond_MS27-044

Request for Bid #MS27-044 Title: Annual Maintenance for Pond 14

1. INTRODUCTION

1.1. Summary

The Victorville Water District (hereinafter referred to as “District”), a subsidiary district of the City of

Victorville (hereinafter referred to as “City”), is requesting bids for the Annual Maintenance of Percolation

Pond 14. Contractor will be expected to be available for the mobilization to perform work on an as needed basis through the annual contract period. This will also have the option to renew. Contractor needs to be able to perform work within two weeks of requested maintenance.

1.2. Background

The purpose of the annual maintenance of Percolation Pond 14 (Pond 14) is to restore and maximize percolation rates by removing accumulated sediment, vegetation, and compacted material from the pond basin and mechanically conditioning the surface. This maintenance is part of the District’s annual pond rotation program. As part of the maintenance, the contractor is expected to remove 1-2 feet of dirt from the bottom of the pond and place spoils on the side of the pond for future removal. After removal of the specified quantity of bottom material, the contractor is to rip the entire pond basin surface from bank to bank at a depth of 6–8 inches to further enhance percolation rates.

1.3. Contact Information

Project Contact:

Darren Hill

Water Resources Supervisor

14343 Civic Rd.

Victorville, CA 92392

Email: dlhill@victorvilleca.gov

Phone: (760) 403-7282

Procurement Contact:

Megan Seidler

Finance Specialist

14343 Civic Drive

Victorville, CA 92392

Email: mseidler@victorvilleca.gov

Phone: (760) 955-5082 Ext: 55082

Department:

Water

1.4. Timeline

Release Project Date September 30, 2026 mailto:dlhill@victorvilleca.gov tel:(760)403-7282 mailto:mseidler@victorvilleca.gov tel:(760)955-5082;ext=55082

Pre-Proposal Meeting (Mandatory) October 8, 2026, 10:30am

20055 Shay Rd. Victorville CA 92394 (Once you arrive, please wait inside gate. City staff will drive

Bidders to the Pond)

Question Submission Deadline October 15, 2026, 2:00pm

Proposal Submission Deadline October 22, 2026, 2:00pm

2. NOTICE INVITING BIDS

2.1. PROJECT TITLE AND DESCRIPTION:

The Victorville Water District (hereinafter referred to as “District”), a subsidiary district of the City of

Victorville (hereinafter referred to as “City”) is accepting quotes from a contractor to complete and other related work for Annual Maintenance for Pond 14, MS27-044; the work shall include materials, labor, tools, finishing, clean up, and incidentals required for the proper completion of the work.

2.2. BID SUBMISSION:

The Victorville Water District (“District”) a subsidiary district of the City of Victorville ("City") will accept sealed bids for the above-referenced Project via the City's eProcurement Portal until 2:00 pm PST on

Thursday, October 22, 2026, at which time the bids will be publicly opened and the bids received will be available for viewing.

2.3. BOND REQUIREMENTS:

Bids must be accompanied by a Bidder's Bond in the form of a certified or cashier's check or Corporate

Surety Bond in amounts not less than ten percent (10%) of the bid submitted amount.

2.4. MANDATORY PRE-BID/JOB WALK MEETING:

A MANDATORY pre-bid meeting and job walk has been scheduled for all prospective contractors. The meeting will be held on Thursday, October 8, 2026, at 10:30 am PST at the 20055 Shay Rd. Victorville CA

92394 (Once you arrive, please wait inside gate. City staff will drive Bidders to the Pond). Prospective contractors are encouraged to address questions, problems, and other issues regarding this project at this meeting. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Mandatory job walk to follow.

A bid received from a Contractor who is not represented by a duly authorized agent at the pre-bid meeting and job walk shall be considered non-responsive and rejected from further contract award consideration.

2.5. PREVAILING WAGE:

The work contemplated by this project is a public work subject to prevailing wages under the California

Labor Code section 1770 et. Seq. The successful bidder and subcontractors will be required to pay not less than the prevailing rate of per diem wages as determined by the California Department of Industrial

Relations (DIR) in effect on the date the work is performed.

2.6. DIR REGISTRATION;COMPLIANCE MONITORING:

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

1771.4.

2.7. IN-USE OFF-ROAD DIESEL-FUELED FLEET CERTIFICATE OF REPORTED

COMPLIANCE:

Valid CARB Certificates of Reported Compliance as described in California Code of Regulations, title 13, Section 2449(n) for fleets of vehicles subject to 13 CCR section 2449 are required for this Project.

3. INSTRUCTIONS TO BIDDERS

3.1. SEALED BID SUBMISSION:

The City's eProcurement Portal Clock is the official timekeeper for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as a poor internet connection. The District strongly recommends completing your response well ahead of the deadline. Bidders take full responsibility for the District's receipt of its bid. Section 6 Bid Submittal Forms shall be acknowledged or submitted along with the proposed bid.

Project Documents pertaining to this Project solicitation are available at the City’s eProcurement Portal, https://procurement.opengov.com/portal/victorvilleca. Only those who download Project Documents from the portal will be included in a plan holders/followers list and may receive notices such as revisions to the plans or addenda.

3.2. PROJECT QUESTIONS:

Prospective Contractors desiring an explanation or interpretation of this solicitation, plans, specifications, etc., must request it in writing via the City's eProcurement Portal located here: https://procurement.opengov.com/portal/victorvilleca, under the Question and Answer feature no later than 2:00 pm, PST on Thursday, October 15, 2026, in order to allow a reply to reach all prospective

Bidders before the submission of their bids. Oral explanations or instructions given before the award of a

Contract will not be binding. Any information given a prospective Contractor concerning this solicitation will be furnished promptly to all prospective Contractors as an addendum to the solicitation if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective

Contractors.

PLEASE NOTE: Oral explanations and instructions, or written explanations given by personnel other than purchasing staff are not valid and will not be binding.

3.3. ADDENDA TO THE PROJECT DOCUMENTS:

The District may issue Addenda to the Project Documents during the period of advertisement for any reason. Addenda may be issued to answer pre-bid questions and/or to clarify or make any corrections in this solicitation. Contractors are encouraged to check the City's eProcurement Portal for released addenda frequently. Contractors not registered will not receive notifications of released addenda. Contractors must acknowledge the addenda via the City's eProcurement Portal.

3.4. CONTRACTOR'S LICENSE:

All Contractors shall be licensed as a contractor at the time of submitting a Bid Proposal in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The successful

Bidder must hold a valid A or C-12 California Contractor’s License. Any Bid submitted which does not comply with the provisions of this Section will be considered nonresponsive and be rejected.

3.5. CALIFORNIA STATE PREVAILING WAGE:

Pursuant to Labor Code Section 1773, the District has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of https://procurement.opengov.com/portal/victorvilleca https://procurement.opengov.com/portal/victorvilleca the California Department of Industrial Relations (“DIR”) for each craft, classification, or type of worker needed to perform the work required under a contract awarded for this project. A copy of these prevailing wage rates is available at the City’s Finance Department/Purchasing Division, City Hall, 14343 Civic Drive, Victorville, CA

92393 and shall be made available to interested parties upon request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. It shall be mandatory upon the Bidder to whom the contract is awarded, and upon any subcontractors, to comply with all provisions set forth in Chapter 1, Part 7, Division 2 of the Labor Code, commencing with Section 1720, which include but are not limited to, the payment of not less than the said specified State prevailing wage rates to all workers employed by them in the execution of the contract, employment of apprentices, hours of labor, and debarment of contractors and subcontractors.

Contractor shall be solely responsible for using the correct wage 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 (1720-1720.9, 1770-1776, 1810, 1813, and 1815, as amended), 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.

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

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

Office upon request.

Assembly Bill 219 governs concrete delivery on public works projects and became effective on July 1, 2016. The amendments added new section 1720.9 to the Labor Code, which provides:

• A company hauling or delivering ready-mix concrete for a public works contract shall:

o Register as a public works contractor.

o Submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the company and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties.

• Nothing in section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

https://www.dir.ca.gov/public-works/certified-payroll-reporting.html https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB219 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1720.9

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

3.6. ELECTRONIC CERTIFIED PAYROLL REPORTING (eCPR):

Contractors and subcontractors on all public works projects awarded on or after April 1, 2015, must use this system to furnish certified payroll records (CPRs) to the Labor Commissioner. Contractors and subcontractors who have been submitting PDF copies of their CPRs for earlier projects must also begin using the new system. For more information, please go to www.services.dir.ca.gov/pw. A copy of proof of payroll submission is required with each invoice to the District along with copies of Certified Payrolls.

This project is subject to compliance monitoring and enforcement by the Department of Industrial

Relations (DIR).

3.7. APPRENTICES ON PUBLIC WORKS:

The Contractor shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor

Code relating to employment of apprentices on public works projects. Prior to commencing work on a contract for public works, contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public works. Contractor and subcontractor shall provide and keep accurate payroll records and shall be available for inspection by the Labor Standards Enforcement (full texts of these codes are available at http://www.leginfo.legislature.ca.gov/).

3.8. EXAMINATION OF THE PROJECT SITE AND DOCUMENTS:

Prior to submitting a Bid, Bidder shall visit the Project Site and analyze the contents of the solicitation and

Contract Documents in their entirety to satisfy itself that it has the abilities and resources to complete the

Work. Prospective contractors may visit the Project Site without making arrangements through the

District. Prospective contractors are encouraged to address questions, problems, and other issues regarding this Project. The contractor agrees that if it is awarded the Contract, no claim will be made against the District based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the Work, and/or the physical or climatic conditions of the Project Site.

3.9. BID PROPOSAL FORMS:

The Bid Proposal forms are included in Section 6 of this bid package and must be completed in the manner specified therein and signed in blue or black ink before they are sealed and submitted. Bids are required for the entire Work. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item in the Section 5 Pricing Proposal, are to be included in the cost of the related line item(s) and no additional compensation shall be due to Contractor for the performance of the

Work. The amount of the bid for comparison purposes will be the sum of all the subtotals of each of the

Bid Schedules. The Bid Proposal Documents must be fully completed without interlineations, alterations, or erasures. Alteration of the proposal forms is prohibited. Any necessary corrections must be clear and legible and must be initialed by the Bidder or its authorized representative. Additional instructions accompany Bid Proposal forms in Section 6. Failure to properly complete the Bid Proposal forms may result in rejection of the Bid as nonresponsive.

http://www.dir.ca.gov/ http://www.dir.gov/ http://www.leginfo.legislature.ca.gov/

3.10. BONDS AND GUARANTY REQUIRED:

A material and workmanship guaranty for a period of twelve (12) months from the date of acceptance of the work will be required. A guaranty form for this purpose is included in the Proposal.

For projects over $25,000.00 (including labor and materials), the Contractor, simultaneously with execution of the Contract, shall furnish a surety bond in an amount equal to one hundred percent (100%), of the contract price as security for the faithful performance of the Contract, and a separate surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract.

Bonds must be issued by an admitted surety insurer in the State of California, as set forth in the Public

Contract Code, Section 20170.

Full compensation for furnishing the guaranty and bonds will be considered as included in the contract price or prices paid for the items or work involved and no additional compensation will be allowed therefor.

3.11. RETURN OF BID GUARANTY:

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

Guaranties submitted by all other unsuccessful bidders will be returned upon the District’s determination of the first, second, and third lowest responsive and responsible bidders.

3.12. WITHDRAWAL OF BIDS:

Any Bid may be withdrawn by the Bidder at any time prior to the bid opening date and time specified in the Notice of Inviting Bids, as such may be extended by District-issued addenda. Bids may be withdrawn via the City's eProcurement Portal. A Bid withdrawal does not prejudice the right of the Bidder to resubmit a Bid prior to the bid opening date and time.

3.13. RELIEF OF BIDDERS:

Pursuant to the provisions of Public Contract Code Sections 5100 to 5110, a Bidder may be relieved of its

Bid by the District for mistake. If the Bidder claims a mistake was made in the bid presented, the Bidder shall give the District written notice within five (5) Business Days after the date of opening of the Bids of the alleged mistake, which notice specifies in detail how the mistake occurred. Should the District determine that a Bidder mistake occurred, the Bidder shall be relieved from its bid and shall not forfeit its bid security. Pursuant to Section 5105 of the Public Contract Code, a Bidder who claims a mistake shall be prohibited from participating in further bidding on the Project for which the mistake was claimed.

3.14. SUBCONTRACTING:

In accordance with the provisions of Sections 4100 through 4113, inclusive, of the California Public Contract

Code (“Subletting and Subcontracting Fair Practices Act”), each Bidder shall submit with his/her/its Bid

Proposal on the List of Subcontractors form included in Section 6, Bid Submittal Forms: the name and location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid (or in the case of the construction of streets, highways and bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater); and shall state the portion (type) and percentage of the total contract work which will be done by each such subcontractor. If no subcontractor is listed for a portion of the work, then the Contractor is required to perform that portion with his own forces.

The List of Subcontractors form must be completed in its entirety and submitted as part of Bidder’s Bid

Proposal, together with all other Required Bid Documents and Proposal Forms. If there are no subcontractors, the form shall be submitted with “None” stated thereon.

The Contractor shall perform with its own organization contract work amounting to not less than twenty percent (20%) of the total original contract price. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the amount of work required to be performed by the Contractor’s own organization.

1. “Its own organization” shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime Contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor.

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

3.15. AWARD OF CONTRACT:

The District reserves the right to reject any or all Bid Proposals and waive any immaterial irregularities or informalities in any Bid Proposal or in the bidding.

The award of a construction contract, if one is to be awarded, shall be made within Forty-five (45) calendar days of the date specified for publicly opening Bid Proposals, unless otherwise specified herein. Award of a construction contract, if an award is made, shall be to the lowest responsible bidder whose Bid Proposal conforms to the Contract Documents. For the purposes of evaluating the lowest Bid Proposal price and selecting the lowest bidder, the lowest Bid Proposal price shall be the lowest total of the summation of all individual line items on the Bid Proposal Forms.

The Bidder’s signature on the Bid Proposal Forms shall constitute a commitment on the part of the Bidder to furnish the equipment, materials, supplies, and labor required to perform the contemplated work, for the amount set forth on the Bid Proposal Price Schedules contained therein, and in accordance with all the required provisions of the Contract Documents. The Bidder to whom the contract is awarded shall be notified in writing upon approval of the award by the District Board.

3.16. EXECUTION OF CONTRACT:

A construction Contract shall be signed by the successful Bidder and returned, together with the contract bonds (Faithful Performance and Payment Bond), proof of required insurance coverage and endorsements, and a copy of the Bidder’s City of Victorville Business License within ten (10) Business Days after the Bidder has received the Contract for execution.

3.17. FAILURE TO EXECUTE CONTRACT:

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

3.18. EVALUATION OF BIDS:

The District reserves the right to reject any or all bids and waive any immaterial irregularities or informalities in any bid or in the bidding. Award of contract, if any, shall be made to the lowest responsible bidder whose

Bid complies with the specified requirements.

3.19. PROHIBITED CONFLICT OF INTEREST:

Contractor, its officers, employees, subcontractors, and/or agents may not have, maintain, or acquire a prohibited conflict of interest in relation to the Project or any contract awarded thereunder, in violation of any District ordinance or requirement, or in violation of any applicable law, including without limitation:

California Government Code Section 1090 et seq.; California Government Code Section 81000 et seq. (the

Political Reform Act); or the regulations of the Fair Political Practices Commission (FPPC) in Division 2 of

Title 2 of the California Code of Regulations.

If Contractor is a “Consultant” as that term is defined in Section 18700.3 of Title 2 of the California Code of Regulations, or when otherwise directed by the District, Contractor will disclose its financial interests as required by the District's Conflict of Interest Code by completing and filing a Statement of Economic

Interests (FPPC Form 700) with the Victorville City Clerk’s office.

No member, officer, or employee of the District engaged in the selection, award, or administration of a contract for this Project shall have any prohibited conflict of interest, whether real or apparent, in any contract awarded hereunder or in the proceeds thereof.

3.20. AFFIRMATIVE ACTION:

The District hereby notifies all bidders that it will affirmatively ensure that, in any Contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration of award.

3.21. INSURANCE:

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 Two Million Dollars ($2,000,000) per occurrence, and Four Million

Dollars ($4,000,000) 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.

INSTALLATION FLOATER

“Installation Floater” coverage with limits sufficient to insure the full replacement value of any property of equipment stored either on or off the project site that provides property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the contract work, including during transit, installation, and testing at the project site.

Such coverage shall name the City of Victorville and Victorville Water District as a loss payee as its interest may appear.

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, District and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

WAIVER OF SUBROGATION RIGHTS

Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors.

Each policy of insurance shall be endorsed to reflect such waiver.

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

District Clerk certificates of said insurance at least one (1) day 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 and District 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 District 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, District, and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, District, and 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.”

3.22. CLAIMS AND DISPUTE RESOLUTION:

Except for such claims as defined in and covered by California Public Contract Code Section 9204 (“Section

9204”), which are subject to the procedures set out in therein (the full text of Section 9204 is set forth below), any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof, shall be settled in the manner set forth in the executed Contract, or if not specified therein, by the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of paragraph (5) below and other applicable provisions and laws.

4. The alternative dispute resolution process set forth herein is a material condition of any

Contract entered into for the Project and must be exhausted as an administrative remedy prior to either Party initiating legal action.

5. Compliance with Victorville Municipal Code Section 2.24.020 and the provisions of the

Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit against the District.

California Public Contract Code Section 9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section

10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5

(commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section

7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

(i) The Department of Water Resources as to any project under the jurisdiction of that department.

(ii) The Department of Transportation as to any project under the jurisdiction of that department.

(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

(v) The Military Department as to any project under the jurisdiction of that department.

(vi) The Department of General Services as to all other projects.

(vii) The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with

Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

3.23. INDEMNIFICATION:

a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the District, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of

Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the District, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

(1) Contractor will defend any action or actions filed in connection with any of said Claims or

Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

(2) Contractor will promptly pay any judgment rendered against the District, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the District, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

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

(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act

("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980

("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid

Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances

Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account

Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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

3.24. 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 District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District 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.

3.25. TERMINATION FOR DEFAULT:

In the event either party fails to perform its obligations hereunder, the non-defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non-defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non-defaulting party shall have the right, in addition to any other rights the non-defaulting party may have at law or in equity, to terminate this Contract. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

3.26. OWNERSHIP OF DOCUMENTS:

All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Contract shall be the property of the District and shall be delivered to the District upon request of the Director…