Apple Valley City Council
January 14, 2025

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, January 14, 2025, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT HTTPS://APPLEVALLEY.TV. THE TOWN OF APPLE VALLEY SUPPORTS PUBLIC COMMENTS FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND WISHING TO MAKE PUBLIC COMMENTS.

PLEASE EMAIL YOUR COMMENT TO [email protected]. COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M. ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1 Invocation
Lisa Griniage from Church For Whosoever Apple Valley

2.2 Pledge of Allegiance

2.3 Presentations
Appoint Regina Witherspoon to the Town of Apple Valley Community Development Citizens Advisory Committee

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 5 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - January 28, 2025 - Council Chamber Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1 to 6.6 as recommended.

6.1 APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 DECEMBER 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
17 That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

6.3 DECEMBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE 32 That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 APPROVE AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR YUCCA LOMA ROAD RIGHT OF WAY SERVICES
34 Authorize Preparation and Execution of an Amendment to Bender Rosenthal, Inc.’s Professional Services Agreement for the Yucca Loma Road Widening Right of Way Services Project.

6.5 AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR THE

SEWER SYSTEM MASTER PLAN UPDATE
40 Award a Professional Services Agreement to Carollo Engineers, Inc. for the Sewer System Master Plan Update subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

6.6 AWARD VILLAGE NORTH SIDEWALK IMPROVEMENT PROJECT 64 That the Town Council adopt the design of the project
represented by the Plans and Specifications for the Village North Sidewalk Improvement Project No. 2024-03;
A.

That the Town Council award a contract to KNC Construction, Inc. for the Village North Sidewalk Improvement Project in the amount of $1,884,882.69 and a 10% contingency of
$188,488.27, for a total amount not to exceed $2,073,370.96.

B.

Approve a Budget Amendment allocating $587,011.96 in
Measure I funds to cover construction and administration costs.

C.

7. Public Hearings

8. Business of the Council

8.1 PRESENTATION OF THE DRAFT APPLE VALLEY SR 18 CORRIDOR

ENHANCEMENT PLAN PHASE II
72 Receive and file.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session 74

RECOMMENDED ACTION
Personnel Matters – Government Code Section 54957(a)(2) - Public Employee Performance Evaluation. Title: Town Manager.

A.

12. Adjournment
Recommended Motion:

To adjourn the meeting of the Apple Valley Town Council at TIME.

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)

SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Mayor Pro-Tem Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Mayor Pro Tem Art Bishop
Council Member Kari Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Mayor Pro-Tem Bishop – Alternate
Meets as needed, rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Council Member Cusack – Delegate
Mayor Pro-Tem Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY (SBCTA)
Mayor Pro-Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2
nd Thursday at 10:00 a.m.
1170 West 3
rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.

Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

Mayor Nassif – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro-Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Government Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting December 10, 2024.

Apple Valley Town Council

MINUTES
December 10, 2024, 6:30 p.m.

Council Chamber
Members Present: Council Member Larry Cusack
Council Member Curt Emick
Council Member Kari Leon
Mayor Pro Tem Art Bishop
Mayor Scott Nassif
_____________________________________________________________________

1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Johnny Lewis from Grace Christian Community Church

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tem Bishop. The Color Guard was provided by the Academy for Academic Excellence Reserve Officers Training Corps.

2.3 National Anthem
Granite Hills High School Choir

2.4 Presentations

3. Canvass of Election Returns

3.1 RESULTS OF CANVASS OF ELECTION RETURNS OF THE TOWN OF

APPLE VALLEY GENERAL MUNICIPAL ELECTION HELD NOVEMBER
5, 2024 AND ADOPT RESOLUTION NO. 2024-34 RECITING THE FACT

OF THE ELECTION AND SUCH OTHER MATTERS PROVIDED BY LAW

Town Council Meeting, December 10, 2024
2 Adopt Resolution No. 2024-34 Reciting the Fact of the Election and Such other Matters Provided by Law.

Kiel Mangerino, Assistant Town Clerk, presented the staff report as filed with the Town Clerk's Office.

Motion by: Council Member Emick
Seconded by: Council Member Cusack
Adopt Resolution No. 2024-34 Reciting the Fact of the Election and Such other Matters Provided by Law.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Leon, Mayor Pro Tem Bishop, and Mayor Nassif
Carried (5 to 0)

3.2 INSTALLATION OF NEWLY ELECTED COUNCIL MEMBERS

PURSUANT TO THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD NOVEMBER 5, 2024
Installation of Officers.

La Vonda M-Pearson, Town Clerk, administered the oath of office to Council Member Larry Cusack.

La Vonda M-Pearson, Town Clerk, administered the oath of office to Council Member Art Bishop.

La Vonda M-Pearson, Town Clerk, administered the oath of office to Mayor Scott Nassif.

3.3 SELECTION OF MAYOR PRO-TEMPORE
Council to select one (1) of its number as Mayor Pro Tempore.

Motion by: Council Member Cusack
Seconded by: Mayor Pro Tem Bishop
To appoint Council Member Emick to the office of Mayor Pro-Tem Yes (5): Council Member Cusack, Council Member Emick, Council Member Leon, Mayor Pro Tem Bishop, and Mayor Nassif
Carried (5 to 0)

Town Council Meeting, December 10, 2024
3 3.4 RECESS FOR REORGANIZATION OF THE APPLE VALLEY TOWN

COUNCIL
Mayor Nassif recessed the meeting of the Apple Valley Town Council at 6:58 p.m.

Reconvened Meeting
Mayor Nassif reconvened the meeting of the Apple Valley Town Council at 7:13 p.m.

4. Mayor's Youth Leadership Summit - Mock Council Presentation

4.1 CONSIDERATION OF FUNDING FOR THE HOMELESS CARE

PACKAGE PROJECT
That the Town Council approve an expenditure of up to $2,500 to provide funding for the Homeless Care Package project.

Avenlie Ward, Benjamin Cortes, Camile Isabella Venoya, Daniel Martinez, Colton Nelson Presented the Staff report as filed with the Town Clerk’s Office.

A brief discussion ensued regarding the care packages that would be provided.

The Town Council thanked the students for their work on the care package project.

Motion by: Council Member Emick
Seconded by: Council Member Cusack
That the Town Council approve an expenditure of up to $2,500 to provide funding for the Homeless Care Package project.

Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)

4.2 PRESENTATIONS
Mayor Nassif recognized the sponsors of the 2024 Mayor's Youth Leadership Summit.

Town Council Meeting, December 10, 2024
4 5. Public Comments
Marcy Taylor, Apple Valley, commented on the movement of the heritage room from Town Hall to the Apple Valley Golf Course and Community Center. Ms.

Taylor also spoke about the need to move the tree lighting to the Amphitheatre stage because of difficulty viewing the lighting.

Loretta Frierson, Apple Valley, commented on the recent water leak in front of her property, and the damage it caused to her home.

6. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Cusack commented on committee meetings and events that he attended.

Council Member Bishop commented on committee meetings and events that he attended.

Council Member Leon commented on committee meetings and events that she attended.

Mayor Pro-Tem Emick commented on committee meetings and events that he attended.

Mayor Nassif commented on committee meetings and events that he attended.

7. Town Council Announcements

7.1 Suggested items for next Agenda
Council Member Bishop asked for an update on the housing bills going into effect in 2025, specifically, AB223, AB1893, and AB1820.

7.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - January 8, 2025 - Council Chamber Regular Session at 6:30 p.m.

8. Town Council Consent Agenda
Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications or AVCOM Services for the Town of Apple Valley as the owner of these businesses.

Town Council Meeting, December 10, 2024
5 Therefore, he will be recusing from voting on the warrants for Apple Valley Communications and AVCOM Services listed under Agenda Item Number 8.2. In addition, due to his interest in these businesses, Council Member Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 8.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Cusack confirmed that he would be recusing from voting on these warrants.

Motion by: Council Member Cusack
Seconded by: Mayor Pro Tem Bishop
To approve the Consent Calendar items numbered 8.1 - 8.12 as recommended.

Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)

8.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

8.2 NOVEMBER 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

8.3 NOVEMBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

8.4 APPROVING AND AUTHORIZING TRANSMITTAL OF A RECOGNIZED

OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET
FOR FY 2025-26
Adopt Resolution No. SA 2024-01 approving and authorizing transmittal of a Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2025-26.

Town Council Meeting, December 10, 2024
6 8.5 APPROVING THE RETURN OF THE CALIFORNIA WATER &
WASTEWATER ARREARAGE GRANT OF $5,749,510.29 TO THE

STATE WATER RESOURCES CONTROL BOARD
Approve the return of the California Water and Wastewater Arrearage grant of $5,749,510.29 to the State Water Resources Control Board.

8.6 APPROVE ADDENDUM NO. 1 TO R.T. DESAI & ASSOCIATES FY 2024- 25 PROFESSIONAL SERVICES AGREEMENT AND ADDITIONAL
APPROPRIATION OF $100,000.00
Approve Addendum No. 1 to R.T. Desai & Associates’ Professional Services Agreement for continued accounting and finance assistance and additional appropriation of $100,000 for fiscal year 2024-25.

8.7 AWARD RESIDENTIAL REHABILITATION LOAN CONTRACT
Award a contract to J. Allison Construction, for the Residential Rehabilitation Loan Program applicant H25-06, subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

8.8 ACCEPT STREET, LANDSCAPING AND DRAINAGE EASEMENTS
AND ANNEX TRACT 17247 INTO THE TOWN’S LIGHTING AND

LANDSCAPE ASSESSMENT DISTRICT
That the Town Council:

A. Direct the Town Engineer, on behalf of the Town Council, to accept all interior streets, drainage, retention basin, and landscape easements as shown within Tract 17247.

B. Adopt Resolution No. 2024-35, A Resolution of the Town Council of the Town of Apple Valley initiating proceedings for an annexation of territory into the Apple Valley Landscaping and Lighting Assessment District No. 1, L-24.

C. Receive and approve the Engineer's Report as filed or as amended (Note: The Engineer’s report has already been filed and is made a part of this agenda item for the Council’s review and approval) D. Receive and approve the Landowner’s consent.

E. Adopt Resolution No. 2024-36, A Resolution of the Town Council of the Town of Apple Valley declaring its intention to annex territory into the Apple Valley Lighting and Landscaping Assessment District

Town Council Meeting, December 10, 2024
7 No. 1, L-24 ordering improvements, and to levy and collect assessments pursuant to the Lighting and Landscaping Act of 1972.

8.9 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR

THE TOWN OF APPLE VALLEY
Approve Resolution No. 2024-37, A Resolution of the Town Council of the Town of Apple Valley, California, amending the current Classification and Salary Plan.

8.10 APPROVE EXPANSION OF THE POWER CHOICE SOLAR AND
BATTERY PROGRAM AND AMENDMENT NO. 1 TO THE POWER

CHOICE PROGRAM MANAGEMENT AGREEMENT
That the Town Council authorize the Town Manager, or his designees, to negotiate and execute all agreements, including non-substantive changes, related to the expansion of Apple Valley’s Power Choice Program through a partnership with Participate Energy, LLC (PE) in a form approved by the Town Attorney.

8.11 APPLE VALLEY CHOICE ENERGY – 2023 POWER CONTENT LABEL

AND ATTESTATION
Provide the attestation specified under California’s Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission (CEC), for the previous year. In the case of Apple Valley Choice Energy (AVCE), such attestations will be based on the California Choice Energy Authority’s (CalChoice) technical review and will address the 2023 Annual Reports and Power Content Labels (PCL) prepared for the AVCE community choice aggregation (CCA) program.

8.12 AUTHORIZATION TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

AND AUTHORIZE THE EXAMINATION OF SALES OR TRANSACTIONS

AND USE TAX RECORDS
That the Town Council
A. Adopt Resolution No. 2024-38 authorizing the Town Manager to execute agreements with the California Department of Tax and Fee

Town Council Meeting, December 10, 2024
8 Administration (CDTFA) for implementation and administration of a Local Transactions and Use Tax (Attachment A).

B. Adopt Resolution No. 2024-39 authorizing the examination of Sales or Transactions and Use Tax records (Attachment B); and C. Authorize the Town Manager to amend the agreement with Hinderliter, De Llamas, and Associates (HdL Companies) to include Transactions and Use Tax Audit and Information Services.

9. Public Hearings
None

10. Business of the Council

10.1 VACANCY ON THE COMMUNITY DEVELOPMENT CITIZENS

ADVISORY COMMITTEE
Council Member Bishop to nominate: ____________ to the Town of Apple Valley Community Development Citizens Advisory Committee.

Motion by: Council Member Bishop
Seconded by: Council Member Cusack
To nominate Regina Witherspoon-Bell to the Community Development Citizens Advisory Committee.

Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)

11. Reports, Requests and Communications

12. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on AB98 and its passage. The Town Manager also spoke on upcoming events in the Town of Apple Valley.

13. Closed Session
None

Town Council Meeting, December 10, 2024
9 14. Adjournment
Motion by: Council Member Cusack
Seconded by: Council Member Leon
To adjourn the meeting of the Apple Valley Town Council at 7:57 p.m.

Carried
______________________________
Scott Nassif, Mayor
_______________________________
Kiel Mangerino, Assistant Town Clerk

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: DECEMBER 2024 COMMERCIAL WARRANTS AND WIRE

TRANSFER SCHEDULES
From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Finance Manager
Finance Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

BACKGROUND
Pursuant to the Town’s Municipal Code the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants/wire transfers were issued. All were found to be in conformity with Town policies and procedures, and funds were budgeted or available to pay said demands. The list of commercial warrants and wire transfers is now being presented to the Council for approval.

SUMMARY
Commercial warrants were issued from December 1 through December 31, 2024, in the amount of $8,956,207.55 covering issued warrant #’s 172108 – 172378. Electronic Fund Transfers were issued December 1 through December 31, 2024, in the amount $1,216,628.96. Also, wire transfers were made from December 1 through December 31, 2024, in the amount of $0.

The claims and/or demands covered by the attached list of warrants and electronic transfers were reviewed as to the accuracy and availability of funds for payment thereof and said claims and/or demands are accurate, and the funds were available for payment thereof.

FISCAL IMPACT
271 Commercial Warrants were issued in the amount of $8,956,207.55 65 Electronic Fund Transfers were issued in the amount of $1,216,628.96 0 Wire Transfer payments were issued in the amount of $0

ATTACHMENTS
A. December Commercial Warrants
B. December Electronic Fund Transfers

Check # Date Vendor Description Check Total
172108 12/02/2024 TURF STAR INC. EDEN PO 2223-000079 99,166.50 172109 12/05/2024 ALBERTSONS LLC Planning Commission Snacks 14.58 172110 12/05/2024 AMAZON CAPITAL SERVICES TREE LIGHTING 1,190.03 172111 12/05/2024 APPLE VALLEY GLASS Golf Course Glass Replacement 4,194.00 172112 12/05/2024 APPLE VALLEY HIGH SCHOOL TOTE BAGS - GRAPHICS CLUB 1,500.00 172113 12/05/2024 APPLE VALLEY PORTABLES Brewster: Soccer User Group 2,415.03 172114 12/05/2024 APPLE VALLEY TIRE 4500-D 124.22
172115 12/05/2024 APPLE VALLEY UNIFIED SCHOOL DISTRICT FINES AND FORFEITURES SEPTEMBER 2024 159.09 172116 12/05/2024 AVCOM SERVICES INC. DECEMBER - ANSWERING SERVICE TOWN 317.40 172117 12/05/2024 BEAR VALLEY ANIMAL HOSPITAL Adoption S/N 6,351.22 172118 12/05/2024 BECK OIL INC. Gas 1,413.54
172119 12/05/2024 BENEFIT COORDINATORS CORPORATION NOVEMBER PREMIUMS 6,002.50 172120 12/05/2024 BOOT BARN, INC. Boots 366.33
172121 12/05/2024 BURRTEC WASTE INDUSTRIES, INC Sycamore Park 137.74 172122 12/05/2024 CAPITAL ONE MEMBERSHIP RENEWAL-BARBER,DARLING,TUCKER & CRIPPS
171.01
172123 12/05/2024 CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.

ASAP Craft Supplies 137.21
172124 12/05/2024 CHARTER COMMUNICATIONS GOLF INTERNET, VIDEO, PHONE SERVICES - 11/14- 12/13
8,910.09
172125 12/05/2024 CLUB CADDIE HOLDINGS CLUB CADDIE - DECEMBER 750.00 172126 12/05/2024 CALIFORNIA MUNICIPAL REVENUE AND

TAX ASSOCIATION
Golf Course Electrical Repairs 150.00
172127 12/05/2024 COUNTY OF SAN BERNARDINO County Recording 140.00 172128 12/05/2024 COUNTY OF SAN BERNARDINO Department Radios 3,234.08 Town of Apple Valley
Commercial Warrants
Month of December 2024

Check # Date Vendor Description Check Total
172129 12/05/2024 CPRS Membership Dues: Parks & Rec,Debbie, Sabrina, Juan
995.00
172130 12/05/2024 DIVISION OF THE STATE ARCHITECT BL FEES Q1 2025 316.40 172131 12/05/2024 DOKKEN ENGINEERING Bear Valley Bridge design services 4,704.70 172132 12/05/2024 FIDELITY SECURITY LIFE INS / NOVEMBER PREMIUMS 942.27 172133 12/05/2024 G.A. OSBORNE PIPE & SUPPLY Horseman's Pump 79.62 172134 12/05/2024 GANNETT CALIFORNIA LOCALIQ 10/1/24 Balance Forward 1,075.53 172135 12/05/2024 GRAINGER, INC. Respirators 501.74
172136 12/05/2024 HAAKER EQUIPMENT CO Spinning Handle Cap 285.27 172137 12/05/2024 HASA INC. Pool Chemicals 1,618.49
172138 12/05/2024 HDL SOFTWARE LLC CONTRACT SERVICES - SALES TAX 10/2024-12/2024 1,811.56 172139 12/05/2024 HESPERIA OUTDOOR POWER EQUIP Blower 184.96 172140 12/05/2024 HIGH DESERT LASER GRAPHICS EOQ Plaque and Desk Plate 75.04 172141 12/05/2024 HODGSON, CARRIE ANN NOVEMBER SERVICES 243.75 172142 12/05/2024 HOLLAND, DONALD LODGING REIMB-MCCONNEL PARK CEREMONY 91.19 172143 12/05/2024 IMPERIAL SPRINKLER SUPPLY Parks Supplies 210.19 172144 12/05/2024 KONICA MINOLTA PREMIER FINANCE C4080 BASE - 11/13/24 - 12/12/24 916.96 172145 12/05/2024 LAYNE CHRISTENSEN COMPANY McConnel Park Well Servicing 28,088.18 172146 12/05/2024 LIBERTY UTILITIES CA 9/05/24-11/04/24 6,846.96 172147 12/05/2024 LOWE'S (LAR) Singh Center Door Sweep 647.09 172148 12/05/2024 MARTIN, KENNETH Retiree Reimbursement 374.50 172149 12/05/2024 MICHAEL BAKER INTERNATIONAL EDEN PO 2122-000032 6,603.55 172150 12/05/2024 MILLER, LANCE Retiree Reimbursement 160.63 172151 12/05/2024 MURPHY & HARRISON, INC 2024 SPONSORSHIP APPLE VALLEY AIRSHOW 1,500.00 172152 12/05/2024 MWI ANIMAL HEALTH Shelter Meds 3,520.95 172153 12/05/2024 MYONLINEBILL.COM NOVEMBER SERVICES 2,156.64 172154 12/05/2024 NEW YORK LIFE NOVEMBER PREMIUMS *REMITTER ID 988954670 445.97 172155 12/05/2024 Bruce Kevin Lacasse S/N Refund for # 5-14-24 16 & # 4-25-24 4 80.00 172156 12/05/2024 Michael Gauthier Driving Reimbursement 17.01 172157 12/05/2024 PRUDENTIAL OVERALL SUPPLY Golf Mats with Logo 146.96

Check # Date Vendor Description Check Total
172158 12/05/2024 RIGHT OF WAY, INC Stickers 315.17
172159 12/05/2024 RIVERA, YVONNE TRAVEL EXPENSE CONFERENCE MEALS 320.00 172160 12/05/2024 ROBERT LAWRENCE GENERAL CONT. 19911 Hwy 18 cleanup 12,455.00 172161 12/05/2024 ROW TRAFFIC SAFETY, INC Street Signs 1,262.83 172162 12/05/2024 SAMARITAN ANIMAL HOSPITAL S/N Voucher Program 325.00 172163 12/05/2024 SHERWIN WILLIAMS James Woody Graffiti 472.68 172164 12/05/2024 SILVER VALLEY PROPANE Propane 105.49
172165 12/05/2024 ST. FRANCIS ELECTRIC, LLC Traffic Signal Routine Maint. October 2024 20,399.78 172166 12/05/2024 SWRCB ACCOUNTING OFFICE NPDES SW MUNICIPAL ANNUAL PERMIT FEE 27,293.00 172167 12/05/2024 TEXAS LIFE INSURANCE CO. NOVEMBER PREMIUMS 887.00 172168 12/05/2024 THE GOODYEAR TIRE & RUBBER CO PD TIRES 1,662.86 172169 12/05/2024 THE GREATER HIGH DESERT 2025 MEMBERHIP DUES 950.00 172170 12/05/2024 THE RDI CORPORATION SHELTER PRO SOFTWARE - NOVEMBER 1,931.00 172171 12/05/2024 TURF STAR INC. Toro Workman HDX-D 4WDKubota Diesel 23.3HP 46,058.06 172172 12/05/2024 TYLER BUSINESS FORMS W-2 ENVELOPES 393.70 172173 12/05/2024 U.S. BANK CORP. PMT SYSTEM NOVEMBER CALCARD 40,339.60 172174 12/05/2024 UNITED ROTARY BRUSH CORP. Replacement of broom/brushes for street sweeper 959.52 172175 12/05/2024 V.V.W.R.A. Final Sewer Permits - November 2024 20,110.67 172176 12/05/2024 VICTOR VALLEY COLLEGE 24-25 PRESIDENT'S CIRCLE MEMBERSHIP 1,000.00 172177 12/05/2024 VICTOR VALLEY TRANSIT AUTH. BUS PASSES - SENIOR AND ADULT 1,100.00 172178 12/05/2024 WAXIE SANITARY SUPPLY Supplies 2,384.94 172179 12/05/2024 WRIGHT, DARRYL Retiree Reimbursement 786.84 172180 12/12/2024 7 BROTHERS GOLF, INC. Driving range & resale items 1,661.85 172181 12/12/2024 ABF PRINTS, INC. REQUIRED MAILING 1,189.61 172182 12/12/2024 ALBERTSONS LLC Day Camp Snacks 21.93
172183 12/12/2024 ALL GOOD DRIVING SCHOOL, INC. Online Drivers Ed Instructor Payment 53.20 172184 12/12/2024 AMAZON CAPITAL SERVICES Winter Wonderland 442.22 172185 12/12/2024 AMERICAN PAVEMENT SYSTEMS, INC. Chip Seal 2024 Project - Retention Release 110,875.31 172186 12/12/2024 ANGEL ROCK & SAND Road Base 686.16
172187 12/12/2024 APPLE VALLEY ANIMAL HOSPITAL Spay/Neuter Voucher Program 75.00

Check # Date Vendor Description Check Total
172188 12/12/2024 APPLE VALLEY COMMUNICATION INC REPLACE OHD CONTACT AT ROLL UP DOOR #2 -

CART BARN
327.14
172189 12/12/2024 APPLE VALLEY FIRE PROTECTION Store or use permit 372.00 172190 12/12/2024 APPLE VALLEY TIRE Vehicle 98 1,084.92 172191 12/12/2024 BATTERY MART Flashlights 64.00
172192 12/12/2024 BEAR VALLEY ANIMAL HOSPITAL S/N Services 6,243.54 172193 12/12/2024 BEAR VALLEY PARTY RENTALS Winter Wonderland 866.42 172194 12/12/2024 BENDER ROSENTHAL INC Yucca Loma Road right of way services 2,605.20 172195 12/12/2024 BENEFIT COORDINATORS CORPORATION November Premiums 7,163.66 172196 12/12/2024 BOOT BARN, INC. Boots 518.72
172197 12/12/2024 BRIGHTVIEW LANDSCAPE SERVICES LANDSCAPE MAINTENANCE SERVICES CONTRACT

EXTENSION
20,324.34
172198 12/12/2024 CAPITAL ONE Winter Wonderland 751.16
172199 12/12/2024 CAR WASH PARTNERS, LLC November Wash Services 536.00 172200 12/12/2024 CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC.

DSB Lights 86.77
172201 12/12/2024 COLDWELL BANKER HOME SOURCE Symposium 2025 Gold Sponsorship 1,000.00 172202 12/12/2024 DESAI, RONAK November Services 8,250.00 172203 12/12/2024 JI VEL RELIEF SERVICES VETERINARY

CORPORATION
November Supervising Vet Services 3,200.00
172204 12/12/2024 EDISON COMPANY 11/01/24-11/30/24 45,801.85 172205 12/12/2024 EQUIPMENTSHARE.COM INC Lift Rental 2,306.70 172206 12/12/2024 FEDEX Shipping 16.66
172207 12/12/2024 FISH WINDOW CLEANING Window Cleaning PW Yard 342.00 172208 12/12/2024 FRANKLIN MILLER, INC Grinder for 3A-1 Lift Station 76,268.56 172209 12/12/2024 G.A. OSBORNE PIPE & SUPPLY Ground Maintenance 693.82 172210 12/12/2024 GARDA CL WEST, INC December Services 1,622.81 172211 12/12/2024 GEOTAB USA, INC. GEOTAB ProPlus Plan 1,004.50 172212 12/12/2024 GOLDEN STATE WATER COMPANY 10/23/24-11/25/24 93.96 172213 12/12/2024 HDL SOFTWARE LLC September Services 264.89 172214 12/12/2024 HESPERIA OUTDOOR POWER EQUIP Backpack Blower 59.24

Check # Date Vendor Description Check Total
172215 12/12/2024 HI DESERT TROPHY & AWARDS LLC Retirement/ EMP OF THE YR 1,608.41 172216 12/12/2024 HIGH DESERT JUNIOR GOLF ACADEMY Golf Lesson Instructor Pay 1,402.50 172217 12/12/2024 HIGH DESERT LASER GRAPHICS Metal Engraved Badges 11.42 172218 12/12/2024 HIGH DESERT LASER GRAPHICS Metal Engraved Badges 11.42 172219 12/12/2024 HOME DEPOT CREDIT SEVICES Shop Tools 917.83 172220 12/12/2024 IDEXX DISTRIBUTION, INC Shelter Meds 723.65 172221 12/12/2024 IMPERIAL SPRINKLER SUPPLY Parks Supplies 44.24 172222 12/12/2024 KONICA MINOLTA FLEET - COPIER SERVICE FOR NEW COPIERS 9,097.60 172223 12/12/2024 KONICA MINOLTA BUSINESS C4080 Usage 10/25/24-11/24/25 188.20 172224 12/12/2024 KTUA Town Wide Complete Action Plan 30,824.95 172225 12/12/2024 LIBERTY UTILITIES CA 9/21/24-11/21/24 27,844.66 172226 12/12/2024 LIGHT ACCESS SCAFFULDING, LLC Scaffolding for Singh Center 6,554.00 172227 12/12/2024 LOWE'S (LAR) Shop Tools 1,518.98
172228 12/12/2024 MATRIX AUDIO VISUAL DESIGNS Golf Maintenance Shop System Surveillance 8,954.72 172229 12/12/2024 MDG ASSOCIATES INC CDBG Admin - October 9,517.14 172230 12/12/2024 MOJAVE PAINT & BODY Vehicle Repair 627.05 172231 12/12/2024 MWI ANIMAL HEALTH Shelter Meds 4,862.88 172232 12/12/2024 NAPA Vehicle 102 88.34
172233 12/12/2024 NIEMELA PAPPAS & ASSOCIATES FY 2025 State Advocacy Services 3,000.00 172234 12/12/2024 NIX, PATRICIA Line dancing instructor pay 27.30 172235 12/12/2024 AMY LYNN RODRIGUEZ Property damage claim 465.79 172236 12/12/2024 S/N Refund S/N Refund 40.00
172237 12/12/2024 S/N Refund S/N Refund 40.00
172238 12/12/2024 S/N Refund S/N Refund 40.00
172239 12/12/2024 Michael Pearson Warranty for Pressure Washer 49.99 172240 12/12/2024 S/N Refund S/N Refund 40.00
172241 12/12/2024 S/N Refund S/N Refund 675.00
172242 12/12/2024 Rental Deposit Refund Rental Deposit Refund 250.00 172243 12/12/2024 PARS October Fees 545.77
172244 12/12/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 1,453.95 172245 12/12/2024 QUINN COMPANY Troubleshoot Generator 2,281.05 172246 12/12/2024 SAN BERNARDINO & RIVERSIDE Golf Course fire safety 584.56

Check # Date Vendor Description Check Total
172247 12/12/2024 SCMAF Contract Class Insurance November 2024 345.00 172248 12/12/2024 SMART & FINAL ASAP Snacks 393.85
172249 12/12/2024 SOUTHWEST GAS CORPORATION 10/4/24-11/4/24 1,994.44 172250 12/12/2024 SPLATTERED INK, LLC Facilities jackets 302.79 172251 12/12/2024 STATE OF CALIFORNIA- D.O.J. Fingerprints 758.00 172252 12/12/2024 TAYLOR, SHARI Baton class instructor pay 232.20 172253 12/12/2024 THE GREATER HIGH DESERT Valley morning insight 100.00 172254 12/12/2024 TOTAL PLAN BUSINESS Furniture 16,451.65 172255 12/12/2024 TOWN OF APPLE VALLEY December Sewer 2,091.12 172256 12/12/2024 TURF STAR INC. Sand Scorpion 5,374.13 172257 12/12/2024 TYLER TECHNOLOGIES INC Eden PO 2122-000049 16,960.00 172258 12/12/2024 VELOCITY TRUCK CENTERS Sweeper service 90 day inspection & 180 day serv 611.59 172259 12/12/2024 WANG, YIJIA November Services 7,650.00 172260 12/12/2024 WAXIE SANITARY SUPPLY Supplies 3,343.00 172261 12/12/2024 WINSUPPLY James Woody Sink Repair 1,118.93 172262 12/12/2024 ZAP MANUFACTURING Reface Custom Street name signs 1,499.50 172263 12/19/2024 AMAZON CAPITAL SERVICES Office Supplies 792.54 172264 12/19/2024 AMERICAN FIDELITY ASSURANCE November Premiums 4,422.60 172265 12/19/2024 ANIMAL EMERGENCY CLINIC Medical Treatment 102.00 172266 12/19/2024 APPLE VALLEY FEED BIN Cat Food 646.34 172267 12/19/2024 APPLE VALLEY LAWNMOWER Small chainsaw 64.62 172268 12/19/2024 APPLE VALLEY TIRE Skid Steer 1,229.73 172269 12/19/2024 BATTERY MART Batteries 942.52
172270 12/19/2024 BEAR VALLEY ANIMAL HOSPITAL S/N Services 2,936.82 172271 12/19/2024 BEAR VALLEY PARTY RENTALS Rentals for Holiday Party 710.04 172272 12/19/2024 BECK OIL INC. Fuel 489.55
172273 12/19/2024 BOOT BARN, INC. Work Boots 200.00
172274 12/19/2024 BRIGHTVIEW LANDSCAPE SERVICES Replace stolen backflow device L-15 2,471.57 172275 12/19/2024 BURRTEC WASTE IND, INC. Compost 50,333.59 172276 12/19/2024 BURRTEC WASTE INDUSTRIES, INC Public works tire grant 4,512.55 172277 12/19/2024 CACEO CACEO Webinar 36.00

Check # Date Vendor Description Check Total
172278 12/19/2024 CALLAWAY GOLF SALES CO. Resale 447.31 172279 12/19/2024 CAPITAL ONE ASAP Snacks 405.41
172280 12/19/2024 CERTIFIED CREDIT REPORTING INC Tax Transcripts 238.00 172281 12/19/2024 CHARLES ABBOTT ASSOCIATES B&S October 2024 268,864.50 172282 12/19/2024 DAVID EVANS & ASSOC, INC Eden PO 2223-000057 6,704.63 172283 12/19/2024 DESERT VALLEY MEDICAL GROUP Pre-Employment Physicals/screening 313.00 172284 12/19/2024 DORAN, SHELBY Holiday Party 133.61
172285 12/19/2024 DUNN EDWARDS CORPORATION Office paint 20.48 172286 12/19/2024 EDISON COMPANY 11/4/24-12/4/24 50,560.11 172287 12/19/2024 ELY COMPANY, INC Replace damaged pool tile 9,475.00 172288 12/19/2024 EQUIPMENTSHARE.COM INC Lift rental 3,943.44 172289 12/19/2024 EXPERT APPLIANCE SERVICE LLC Appliane repair 423.13 172290 12/19/2024 FEDEX Shipping 33.27
172291 12/19/2024 FUN EXPRESS Kids crafts 392.27
172292 12/19/2024 G.A. OSBORNE PIPE & SUPPLY Ground Maintenance 1,144.94 172293 12/19/2024 OSBORNE PIPE & SUPPLY/G.A.// Parks Maintenance 1,039.99 172294 12/19/2024 GOLDEN STATE WATER COMPANY 10/24/24-11/26/24 3,562.99 172295 12/19/2024 GREINES, MARTIN, STEIN AV Ranchos 4,801.50 172296 12/19/2024 GT GOLF SUPPLY CO Golf Shop 213.87
172297 12/19/2024 HAAKER EQUIPMENT CO Replacement light bar 2,854.76 172298 12/19/2024 HASA INC. Pool chemicals 3,673.44
172299 12/19/2024 HESPERIA HOSE SUPPLY Replacement hose 97.88 172300 12/19/2024 HESPERIA OUTDOOR POWER EQUIP Backpack blower 176.87 172301 12/19/2024 HIGH DESERT LASER GRAPHICS Name plates 87.00 172302 12/19/2024 HITT CONSTRUCTION CO., INC. Concrete foundation for temporary kennels 26,500.00 172303 12/19/2024 HOME DEPOT CREDIT SEVICES Truck 106 514.75 172304 12/19/2024 HOME DEPOT CREDIT SEVICES Hook for door at PW 3.74 172305 12/19/2024 INDUSTRIAL MEDICAL SERVICE INC Non-dot screening 185.00 172306 12/19/2024 INTERVET, INC. Microchips 1,346.88
172307 12/19/2024 JOSHUA GLICKLER Reimbursement for physical exam 40.00 172308 12/19/2024 KONICA MINOLTA FLEET - COPIER SERVICE FOR NEW COPIERS 5,277.48 172309 12/19/2024 KTUA Town Wide Complete Action Plan 24,566.25

Check # Date Vendor Description Check Total
172310 12/19/2024 Trash Refund Trash Refund 71.27
172311 12/19/2024 LAYNE CHRISTENSEN COMPANY Horseman's well 25,356.44 172312 12/19/2024 LIBERTY UTILITIES CA 10/2/24-12/2/24 22,581.45 172313 12/19/2024 LOS RANCHOS OFFICE Space rent 2,920.10 172314 12/19/2024 LOWE'S (LAR) Supplies 1,318.95
172315 12/19/2024 MARTIN, KENNETH Retiree Reimbursement 377.40 172316 12/19/2024 MASON'S TREESCAPE INC Tree removal 4,800.00 172317 12/19/2024 MATRIX AUDIO VISUAL DESIGNS PIO Video network 5,183.19 172318 12/19/2024 MILLER, LANCE Retiree Reimbursement 179.05 172319 12/19/2024 NAPA Ford Ranger 241.30
172320 12/19/2024 S/N Refund S/N Refund 225.00
172321 12/19/2024 Adan Arciniega Employee reimb training 100.62 172322 12/19/2024 S/N refund S/N refund 155.00
172323 12/19/2024 Rental Deposit Refund Rental Deposit Refund 500.00 172324 12/19/2024 Overpayment refund Overpayment refund 105.00 172325 12/19/2024 Trash refund Trash refund 189.13
172326 12/19/2024 Charles Blake Employee reimb training 128.15 172327 12/19/2024 S/N refund S/N refund 40.00
172328 12/19/2024 Trash refund Trash refund 60.20
172329 12/19/2024 Rental Deposit Refund Rental Deposit Refund 150.00 172330 12/19/2024 Trash refund Trash refund 94.14
172331 12/19/2024 Trash refund Trash refund 278.13
172332 12/19/2024 Trash refund Trash refund 54.95
172333 12/19/2024 Trash refund Trash refund 108.75
172334 12/19/2024 Trash refund Trash refund 63.67
172335 12/19/2024 OVERLAND MEAT COMPANY Refund of Fog payment 100.00 172336 12/19/2024 Trash refund Trash refund 109.50
172337 12/19/2024 S/N refund S/N refund 75.00
172338 12/19/2024 Rental Deposit Refund Rental Deposit Refund 156.00 172339 12/19/2024 Trash refund Trash refund 665.52
172340 12/19/2024 S/N refund S/N refund 75.00
172341 12/19/2024 ASAP Deposit refund ASAP Deposit refund 60.00

Check # Date Vendor Description Check Total
172342 12/19/2024 Trash refund Trash refund 24.86
172343 12/19/2024 Overpayment refund Overpayment refund 105.00 172344 12/19/2024 PARKHOUSE TIRE, INC Vehicle 79 254.34 172345 12/19/2024 PNC EQUIPMENT FINANCE Leased equipment 20,868.30 172346 12/19/2024 PRUDENTIAL OVERALL SUPPLY Uniforms 1,356.23 172347 12/19/2024 QUINN COMPANY Service on Skid steer 1,786.07 172348 12/19/2024 R&R PRODUCTS Small tool 536.66
172349 12/19/2024 REFRIGERATION SUPPLIES DISTRIBUTOR Furnancefiller 26.88 172350 12/19/2024 RIVERA EQUIPMENT Golfcourse mainline 225.00 172351 12/19/2024 RIVERA, YVONNE League of california cities mileage 585.58 172352 12/19/2024 ROW TRAFFIC SAFETY, INC Retirement sign for R Smith 81.89 172353 12/19/2024 SALES & DISTRIBUTION SERVICES Aquaphalt 2,262.12 172354 12/19/2024 SAN BERNARDINO COUNTY SHERIFF'S

DEPARTMENT
December law enforcement services 1,583,255.00
172355 12/19/2024 SMART & FINAL JPIA Training snacks 421.71 172356 12/19/2024 SOUTHWEST GAS CORPORATION 11/6/24-12/6/24 5,741.78 172357 12/19/2024 SPARKLETTS Water 95.81
172358 12/19/2024 ST. FRANCIS ELECTRIC, LLC Spare CMU 4,673.10 172359 12/19/2024 STATE WATER RESOURCES CONTROL
BOARD
Return of CA Water & Wastewater Arrearage Grant 5,749,510.29 172360 12/19/2024 SUMMIT SAFETY LLC Contrast Vest and long sleeve shirts 288.56 172361 12/19/2024 SUPERCO SPECIALTY PRODUCTS Grafitti removal products 817.74 172362 12/19/2024 SWRCB ACCOUNTING OFFICE Annual Permit 7,485.00 172363 12/19/2024 TAYLORMADE GOLF CO., INC Resale 359.78 172364 12/19/2024 TERRYBERRY Employee end of year honor awards 1,391.62 172365 12/19/2024 THE TREE PROS Remove pine trees 1,100.00 172366 12/19/2024 THOMPSON & THOMPSON REAL Appraisal report related to SPR 2022-003 10,553.60 172367 12/19/2024 TOWN OF APPLE VALLEY December Trash and Sewer 3,579.71 172368 12/19/2024 TOWN OF APPLE VALLEY Senior Scholarship Program 2,149.00 172369 12/19/2024 TURF STAR INC. EDEN PO 2324-000016 115,891.80 172370 12/19/2024 TYLER TECHNOLOGIES INC eden po 2122-000049 7,400.00

Check # Date Vendor Description Check Total
172371 12/19/2024 UNDERGROUND SERVICE ALERT OF SO.

CALIFORNIA
Dig Alert 239.40
172372 12/19/2024 UNLIMITED ENVIRONMENTAL, INC Retention Release 3,935.47 172373 12/19/2024 VALLEY SECURITY SYSTEMS INC James Woody Alarm 127.00 172374 12/19/2024 VERIZON WIRELESS Cell phone and tablet service november 2024 3,968.74 172375 12/19/2024 WAXIE SANITARY SUPPLY Supplies 1,846.47 172376 12/19/2024 WRIGHT, DARRYL Retiree Reimbursement 841.35 172377 12/19/2024 YAMAHA GOLF-CAR COMPANY Range pickler 13,709.34 172378 12/19/2024 ZERO WASTE USA Ground Maintenance 866.91 271 Checks Total amount of checks: 8,956,207.55

Check # Date Vendor Description Check Total
523 12/05/2024 BATTISTA, RICHARD Graffiti Removal 2,262.60 524 12/05/2024 CADY, MICHAEL Retiree Reimbursement 281.40 525 12/05/2024 CRON, DENNIS Retiree Reimbursement 417.60 526 12/05/2024 CUPP, PAMELA Retiree Reimbursement 1,181.87 527 12/05/2024 ECONOLITE CONTROL PRODUCTS, INC Traffic Signals 50,535.35 528 12/05/2024 ESCRIBE SOFTWARE LTD AGENDA AND MEETING MANGEMENT

SOFTWARE
31,695.86
529 12/05/2024 HARROWER, KATHY Retiree Reimbursement 578.34 530 12/05/2024 INTERWEST CONSULTING GROUP INC SPR2022-005 1M Project 5,058.75 531 12/05/2024 KELLEY, KAREN Retiree Reimbursement 578.34 532 12/05/2024 LAMSON, LORI Retiree Reimbursement 1,315.94 533 12/05/2024 MCKEON, TOM Retiree Reimbursement 99.53
534 12/05/2024 MILLER, CAROL Retiree Reimbursement 457.80 535 12/05/2024 MOLINARI, MICHAEL Retiree Reimbursement 721.18 536 12/05/2024 SAXBY ENTERPRISES INC Turkey Run T-Shirts - reissue check 704.10 537 12/05/2024 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 518.24 538 12/05/2024 SIMMONS, DAWN Retiree Reimbursement 557.10 539 12/05/2024 SMITH, KEVIN Retiree Reimbursement 399.94 540 12/05/2024 SULZBERGER, DIANNE Retiree Reimbursement 578.34 541 12/05/2024 VETERAN SECURITY INC SECURITY SERVICES @ SINGH CENTER 11/17-11-23
8,400.00
542 12/05/2024 VULCAN MATERIALS Cold Mix 190.94
543 12/12/2024 B B & K 28314 Retainer October 145,115.19 544 12/12/2024 BIG APPLE AUTO VEHICLE REPAIR 4,948.11
545 12/12/2024 CARROLL, MARY ANNE Yoga Fit Instructor Pay 356.40 Town of Apple Valley
Commercial Warrants
Month of December 2024
Electronic Fund Transfers

Check # Date Vendor Description Check Total
546 12/12/2024 COMMUNITY HEALTH ACTION NETWORK, INC 1st Otr. Reimbursement for assistance 321.12 547 12/12/2024 FLYERS ENERGY, LLC PD FUEL 149.08
548 12/12/2024 GARCIA, NEIL Guitar Lesson Instructor Pay 267.30 549 12/12/2024 INLAND FAIR HOUSING & CDBG Fair housing services- October 1,325.55 550 12/12/2024 KNC CONSTRUCTION Retention Release-Mod. Kennel Craining & Util. Con
3,849.70
551 12/12/2024 LANCE, SOLL & LUNHARD LLP PREP OF 21,22 & 23 NON-PROFIT ORG TAX

RETURNS
4,350.00
552 12/12/2024 MOCHARNUK, BILL Tennis Class Instructor Pay 324.28 553 12/12/2024 MOJAVE PRINTING SOLUTIONS Postcards for giveaways at the Tree Lighting

98.31 554 12/12/2024 MURO, MARIA Aqua Zumba Class Instructor Pay 843.43 555 12/12/2024 MYERS, MELANIE Acting Class Instructor Pay 1,200.00 556 12/12/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 896.03 557 12/12/2024 ONYX PAVING COMPANY Retention Release - Yucca Loma Road Widening
78,609.00
558 12/12/2024 QUADIENT FINANCE USA, INC PD POSTAGE 3,500.00 559 12/12/2024 RICHLING, HAILEY Tap & Ballet Class Instructor Pay 149.15 560 12/12/2024 SAXBY ENTERPRISES INC Lifeguard Uniforms 2,752.12 561 12/12/2024 TYPE-SET-GO Basketball 3,594.31
562 12/12/2024 URMSTON, CHRIS Tai Chi Instructor Pay 399.00 563 12/12/2024 VULCAN MATERIALS Cold Mix 2,563.08
564 12/19/2024 B B & K 28314.61005 22330 Miramot Rd 7,386.20 565 12/19/2024 BATTISTA, RICHARD Graffiti removal 2,449.20 566 12/19/2024 BURRTEC WASTE INDUSTRIES INC AS 763,740.06 567 12/19/2024 CADY, MICHAEL Retiree Reimbursements 379.97 568 12/19/2024 COOLEY CONSTRUCTION, INC Shoulder Grading - Central Road 40,601.17 569 12/19/2024 CRON, DENNIS Retiree Reimbursements 405.30 570 12/19/2024 CUPP, PAMELA Retiree Reimbursement 1,270.36 571 12/19/2024 HARROWER, KATHY Retiree Reimbursement 619.60 572 12/19/2024 J. ALLISON CONSTRUCTION Kelii/Novy Final Disbursement 21,808.00

Check # Date Vendor Description Check Total
573 12/19/2024 KELLEY, KAREN Retiree Reimbursement 619.60 574 12/19/2024 LAMSON, LORI Retiree Reimbursement 1,443.99 575 12/19/2024 MCKEON, TOM Retiree Reimbursement 106.12 576 12/19/2024 MESQUIT'S SUPPLY, LLC Singh Center TP 38.75 577 12/19/2024 MILLER, CAROL Retiree Reimbursement 478.29 578 12/19/2024 MOLINARI, MICHAEL Retiree Reimbursement 800.00 579 12/19/2024 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 830.28 580 12/19/2024 SCHMACHTENBERGER, KATHERINE M Retiree Reimbursement 575.82 581 12/19/2024 SIMMONS, DAWN Retiree Reimbursement 631.31 582 12/19/2024 SMITH, KEVIN Retiree Reimbursement 399.94 583 12/19/2024 SULZBERGER, DIANNE Retiree Riembursement` 618.60 584 12/19/2024 TREVIPAY 2 ton push beam trolley 96.96
585 12/19/2024 TYPE-SET-GO 2025 Rabies Clinic Door Hangers 437.47 586 12/19/2024 VETERAN SECURITY INC SECURITY @ SINGH CENTER 12/08-12/14 7,530.00 587 12/19/2024 VULCAN MATERIALS COLD MIX 1,217.59
65 EFT'S Total amount of EFT's: $1,216,628.96

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: DECEMBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE From: Douglas Robertson, Town Manager
Submitted by: Adam Cripps, Interim Finance Manager
Finance Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

BACKGROUND
Per Section 3.16.040 through 3.18.030 of the Town of Apple Valley Municipal Code, except for tort claims, every claim and demand received against the Town shall be presented to, approved in writing by the receiving department or office, certified to the delivery or rendition of the supplies, materials, property or service for which payment is claimed, and that the quality and prices correspond with the original specifications and contracts.

SUMMARY
The Payroll / Benefits warrants issued from December 1 through December 31, 2024, in the amount of $779,487.80 net of voids, covering issued warrant #s 70894-70963 and direct deposit advice #s 9992289-9992739 are herewith submitted for approval.

Pursuant to the Town’s Municipal Code, the register of demands shall be presented to the Town Council at the next regular meeting thereof after preparation. The Town Council may approve, conditionally or partially approve or reject such register of demands and in connection therewith consider the recommendations of the Town Manager and Director of Finance. Further, the State Government Code provides that Staff may process and pay prior to ratification by the Town Council, demands properly made in the ordinary course of business, the just obligations of the Town, such as routine salaries and wages, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable.

FISCAL IMPACT

DATE TOTAL
12/06/2024 $380,778.47
12/20/2024 $398,709.33
TOTAL: $779,487.80
The payroll and benefit warrants issued, covering warrant #s 70894-70963 and direct deposit advice #s 9992289 – 9992739 inclusive, totaled $779,487.80. Sufficient funding is appropriated and available in such amounts necessary to cover the demands included herein.

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT FOR YUCCA LOMA ROAD RIGHT OF WAY SERVICES
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Authorize Preparation and Execution of an Amendment to Bender Rosenthal, Inc.’s Professional Services Agreement for the Yucca Loma Road Widening Right of Way Services Project.

BACKGROUND
With the completion of the Yucca Loma Road/Green Tree Boulevard Project, a third corridor is now available to Apple Valley citizens to access neighboring cities and Interstate 15. In 2015, the Town contracted with Kimley Horn and Associates, Inc. to design roadway and sidewalk/bike path improvements from Apple Valley Road to Rincon Road which will widen the segment from two to four lanes. The first phase of the project, from Apple Valley Road to 1200’ east of Apple Valley Road, was constructed in the summer of 2024. The construction plans for the remainder of the Project, to Rincon Road, are being updated with a goal of going to construction later this year.

Although final street and sidewalk/bike path improvements will be located within the Town’s existing right-of-way, grade differentials between the widened roadway and existing improved properties require the acquisition of Permits to Enter and Construct (PTEC) and/or Temporary Construction Easements (TCEs) to accommodate the installation of retaining walls and driveway transitions.

On July 23, 2024, Council awarded a Professional Services Agreement to Bender Rosenthal, Inc.’ to coordinate with property owners and obtain the necessary legal

access to their properties. The consultant has obtained 19 TCEs at the original 24 locations. As the project has developed and through the updating process, additional properties have been identified that require permission to enter and construct and/or right of way. The proposed Amendment to Bender Rosenthal’s Agreement will authorize them to continue with the remaining easement acquisitions.

ANALYSIS
The proposed cost increase is consistent with the original estimated cost based on the additional scope of work. Upon review of the proposal, staff believes it to be fair and adequate compensation. If approved, Town staff will prepare a simple amendment to the original Professional Services Agreement, which will be executed by the Town Manager.

FISCAL IMPACT
Funding is included in the adopted Fiscal Year 2024-2025 budget using Traffic Impact Fees. Bender Rosenthal’s initial estimated cost $52,440.00. The additional services will increase their overall cost by $34,710.00, bringing the new total to $87,150.00.

ATTACHMENTS
A. Proposed Scope and Budget Modification

December 5, 2024
Rich Berger, MSOL
Capital Projects Manager
Town of Apple Valley
Engineering Department
14955 Dale Evans Parkway
Apple Valley, CA 92307
ORIGINAL BY EMAIL:

[email protected]
RE: Scope and Budget Modification
Yucca Loma Road Widening Project for The Town of Apple Valley Dear Mr. Berger,
In reviewing the latest scope for the Yucca Loma Road Widening Project, Professional Services Agreement dated July 23, 2024, we’ve found that some modifications are needed as follows:

SCOPE MODIFICATION:
 PTEC Negotiations increased from 24 to 31 based on review of the plans  Two acquisitions of roadway easements for APNs 3112-091-14 and 3112-091-15 as identified based on review of the plans. To include:
o Preliminary Title Reports
o Waiver Valuations, unless the value is determined to be above $15,000 than Appraisal Reports will be required. Note that Waiver Valuations cannot be used for condemnation, an appraisal would be required to condemn. o Acquisition services
 Upon receipt of JC approval from the Town BRI will prepare formal written offers to purchase the real property required to acquire. BRI will work with the Town to develop all necessary contracts, conveyance documents and escrow instructions required.
 BRI will deliver the First Written Offers (FWO) to the impacted property owners and initiate negotiations. BRI understands that expeditious acquisition is expected. It is BRI’s standard practice to reach out within two (2) business days.

It is also our standard practice to make contact with property owners weekly, thereafter, ensuring that at least three (3) contacts have been made within the first twenty-one (21) days of the FWO.
 BRI will keep the Town informed of negotiations and discuss whether an agreement may be reached, or negotiations are at an impasse. If property owners present a counteroffer, BRI will analyze the validity of the information and provide a recommendation to the Town. If the Town accepts the counteroffer, BRI will prepare a settlement memorandum for acceptance. If

Yucca Loma Road Widening Project
December 5, 2024

negotiations reach an impasse, BRI understands that the Town may request support for a condemnation action which will be added as an optional task. BRI agents will keep detailed diaries of all property owners’ contacts and any other pertinent information.
 Escrow Support.
 Project Management increased, from 24 to 40 hours to cover additional PTEC Negotiations and Acquisitions.
 ODCs increased due to additional mailings and to cover mobile notary services for the acquisitions.
 The schedule has been extended due to the acquisitions to October 2025 see Exhibt B.

BUDGET MODIFICATION:

See attachment A for budget modification breakdown that supports the additional $34,710 requested, for a new not to exceed amount of $87,150.

Should you have any questions regarding this scope and budget modification, please reach out to Project Manager Nicole Cornell by email at [email protected] or by phone at (916) 978- 4900.

Sincerely,
BENDER ROSENTHAL, INC.

Renee Baur
Chief Executive Office

Exhibit A

Exhibit B

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR THE

SEWER SYSTEM MASTER PLAN UPDATE

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Director of Municipal Services Public Works Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a Professional Services Agreement to Carollo Engineers, Inc. for the Sewer System Master Plan Update subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.

BACKGROUND
The Town’s Sewer System Master Plan was last updated in 2013 and is in need of an updated plan. There are several proposed projects throughout the Town, especially in north Apple Valley and this update will ensure the Town’s sewer is adequately designed for existing and future development. The proposed project will also establish an updated sewer model and evaluate the Town’s existing sewer system infrastructure, operations and maintenance, rehabilitation and replacement or deferred maintenance plan, and Capital Improvement Plans to identify potential improvements and their assocated costs.

ANALYSIS
On October 2, 2024, Public Works staff issued a Request for Proposals seeking a qualified consultant to perform a Sewer System Master Plan Update. The Town received four proposals. Upon receipt, the proposals were reviewed and scored by a selection panel using the following criteria:
 Project understanding and approach
 Relevant project examples
 Project Manager’s experience with similar kinds of work  Experience of assigned project team members
 Completeness and overall quality of submission

The review team interviewed the top three candidates on December 10, 2024, and Carollo Engineers, Inc. was unanimously selected for the following reasons:
 Displayed a clear understanding of the need for strong communication to ensure the Town’s needs were clearly met;
 Understood the project scope and conducted in-depth research prior to the interview;
 Demonstrated an ability to coordinate with outside agencies to ensure timely project completion; and
 Had all the strongest project team members present; all of whom responded in such way that assured a well-balanced and quality product backed by proven engineering knowledge, previous similar experience, scientific decision-making tools, and creativity.

With a consultant selected, staff reviewed their cost proposal. Carollo Engineers, Inc.’s estimated cost for this project is $384,950.00, which is within the approved budget for this project.

For all of the reasons mentioned above, staff recommends that Carollo Engineers, Inc., be awarded a Professional Services Agreement for the Sewer System Master Plan Update.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2024-25 budget under Wastewater account code 50105032.720010.

ATTACHMENTS
A. Professional Services Agreement

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TOWN OF APPLE VALLEY

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 14th day of January, 2025, by and between the Town of Apple Valley, a municipal corporation organized under the laws of the State of California with its principal place of business at 14955 Dale Evans Parkway, Apple Valley, California 92307 (“Town”) and Carollo Engineers, Inc., a corporation, with its principal place of business at 5355 Mira Sorrento Place, Suite 270, San Diego, CA 92121 ("Consultant"). Town and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing sewer master planning services to public clients, is licensed in the State of California, and is familiar with the plans of Town.

2.2 Project.

Town desires to engage Consultant to render such professional services for the Sewer System Master Plan Update project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional sewer master planning consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 14, 2025, to March 31, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments

3.2.1 Compensation. Consultant shall receive compensation, including

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authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred eighty-four thousand nine hundred fifty dollars ($384,950.00) without written approval of the Town Council or Town Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to Town a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

Town shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the Town disputes any of Consultant's fees, the Town shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the Town for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.

3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance

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to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.

3.3.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Jeff Weishaar, Andrew Frost, Tim Loper, Adelina Pirijanyan, and Ryan Orgill.

3.3.5 Town's Representative. The Town hereby designates Guy Eisenbrey, Director of Municipal Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Town's Representative").

Town's Representative shall have the power to act on behalf of the Town for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Jeff Weishaar, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any

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employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the Town and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.

3.3.9.2 Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

3.3.9.4 Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Notwithstanding the foregoing in this section, the Town may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

All violations of such laws and regulations shall be grounds for the Town to terminate the Agreement for cause.

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed

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a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of Town's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify Town against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for

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contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the Town to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The Town, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

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(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the Town except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the Town, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the Town, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the Town and shall protect the Town, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the Town, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the Town to

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inform Consultant of non-compliance with any requirement imposes no additional obligation on the Town nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
(C) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the Town nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
(F) Consultant shall report to the Town, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Town, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the Town, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to

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commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the Town.

3.3.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the Town’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must additionally comply with the lawful requirements of the Town, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Town may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this section, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Town shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be

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Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Consultant: Carollo Engineers, Inc.
5355 Mira Sorrento Place, Suite 270
San Diego, CA 92121
ATTN: Jeff Weishaar
Town: Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Tina Kuhns
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of Town, and shall not be used in whole or in substantial part by Consultant on other projects without the Town’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to Town reproducible copies of all Documents & Data, in a form and amount required by Town. Town reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by Town at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to Town upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to Town any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to Town upon the payment of actual reasonable duplication costs.

Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify Town and provide Town with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the Town.

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3.6.3.3 Right to Use. Town shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at Town’s sole risk. If Town uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the Town upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by Town of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

3.6.3.6 Confidential Information. The Town shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the Town's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the Town shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give Town written notice of Consultant's objection to the Town's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the Town, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. Town shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with Town's choice of legal counsel), and hold Town harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that Town release such information.

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3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of Town’s choosing), indemnify and hold the Town, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the Town. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Town.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 Town's Right to Employ Other Consultants. Town reserves right to employ other consultants in connection with this Project.

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3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of Town.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY
AND CAROLLO ENGINEERS, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TOWN OF APPLE VALLEY
By:

Douglas B. Robertson
Town Manager
ATTEST:

By:___________________________________
La Vonda M-Pearson
Director of Government Services/Town
Clerk
APPROVED AS TO FORM:

By:___________________________________
Thomas A. Rice, Best Best & Krieger, LLP
Town Attorney
CAROLLO ENGINEERS, INC.

By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

Exhibit “A”-1
EXHIBIT "A"

SCOPE OF SERVICES
Task 1 Project Management and Meetings
Task 1.1 Project Kick-off Meeting
Carollo will prepare for and administer a kick-off meeting with Town staff to discuss the overall vision
for the Sewer Master Plan Update. The agenda will include the project’s goals/objectives, a review of
the project scope, scope, and data collection needs. At the meeting, Carollo will outline the plan for
completing all tasks. The Project Kick-off Meeting will be led by Carollo and will be conducted in person at Apple Valley Town Hall.

Task 1.2 Staff Coordination & Project Management
Carollo’s Project Manager will conduct collaborative monthly project team meetings. All parties will work together to monitor project progress, prepare for next steps, discuss completed tasks, conduct problem-solving, and ensure the project completion remains within the designated timeframe and budget.

In addition, overall project coordination and management will be conducted for the duration of the project. This will include monthly project status summaries to the Town, team/subconsultant coordination, project communication, and coordination with Town staff and other project stakeholders. A master project schedule will also be developed and updated throughout the project.

Task 1 Deliverables
 Monthly progress reports and invoices (electronic)
 Meeting agendas and minutes (as required)
 Decision log and action item list
Task 2 Existing Conditions
Carollo will review the Town’s relevant planning documents and design standards at the start of the project. This review will include, but is not limited to, review of the Town’s 1993 and updated 2013 Sewer System Master Plans, General Plan/specific plans, Housing Element, applicable local and state laws pertaining to affordable housing, densification, and ADUs. Carollo will also review the Town’s InfoWorks hydraulic model, construction plans, As-Built record drawings, prior studies, GIS data, and digital/paper maps.

Task 2 Deliverables
 Data gathering list
Task 3 Sewer Master Plan
Task 3.1 Sewer Flow Projections
Current and Projected Sewer Flows
Carollo will compile and summarize the Town’s existing land use, population and historical seasonal sewer flows within the Town’s service area. Carollo will establish a current estimate of the Town’s existing Average Dry Weather Flow (ADWF), Peak Dry Weather Flow (PDWF), and Peak Wet Weather Flow (PWWF) based on available historical flow records and temporary flow monitoring data. Carollo will develop ADWF projections for buildout of the Town’s service area.

Exhibit “A”-2
Carollo will coordinate with the Town’s Planning and Engineering staff to understand the impact of potential development within the Town. Carollo will review the Town’s Land Use Map, General Plan, active or current Specific Plans and Development Agreements anticipated development, redevelopment and annexation plans affecting the Town’s system. The impact of water conservation efforts such as low flow devices (including toilets, washing machines and showerheads) will also be considered. Carollo will also conduct a review of municipal agencies in Southern California to determine the methodology used by each agency in the determination of anticipated average daily and peak flows for large warehouse facilities. Based on this analysis, and input from the Town, Carollo will provide a recommended factor used to determine warehouse average day flows and peak flows.

Peaking Factors
Carollo will conduct an analysis of existing sewer flows and the hydraulic model to develop recommended sewer peaking factors and projections of changes of peaking factors for future development, redevelopment and annexation conditions. Existing sewer flows will be evaluated utilizing standard engineering practices including flow monitoring.

Task 3.2 Hydraulic Network Analysis
Existing Data
Carollo will update the Town’s current model to include new facilities installed since completion of the 2013 Master Plan Update. This update will be completed utilizing the Town maintained “AS BUILT” record drawings reflecting the construction of sewer lines.

Calibration
Carollo will update and calibrate the Town’s InfoWorks sewer model to reflect current flow conditions, including; data available from Town records, historical flow data, and the temporary flow monitoring data. Carollo will develop a calibration plan and testing protocol for the model that will be approved by the Town. The Town approved calibration plan will be followed by the consultant in the calibration of the model.

Carollo will utilize flow data from the temporary flow monitoring program, as well as available data from the Town for use in model calibration. Dry weather flow calibration will be conducted to provide that the Town’s model accurately simulates flows, levels, and velocities measured by the temporary flow meters for dry weather flow conditions. Wet weather flow calibration will be conducted based on flow monitoring data collected during the temporary flow monitoring program and/or other recent significant rainfall events. I/I parameters within the model will be adjusted until the modeled flows closely match field-measured data. In addition, the model will be checked to verify that the model accurately simulates levels and velocities during wet weather flow conditions (where such data is available). Carollo will document the findings of the hydraulic model calibration in a technical memorandum.

Flow Monitoring
K-Flow will collect flow and rainfall data for representative areas within the Town’s wastewater collection sewer system. Carollo recommends that 10 flow meters be installed for a duration of one month. The flow meters will be installed at strategic locations to aid in model calibration. The flow meters will be installed during a time period deemed to be the most conducive for capturing flows during significant wet weather periods. The recorded flow data will be organized and delivered to the Town electronically.

On-Going Support for Project Based Analysis
Carollo will provide the Town with on-going analyses of proposed development projects, including presenting findings and conditions of approval for sewer projects. This subtask includes a budget allowance of 35,000 for on-going support.

Task 3.3 System Analysis
Analysis of System Deficiencies

Exhibit “A”-3
Carollo will perform an analysis of the existing sewer system facilities for current development and potential future development and redevelopment flows utilizing the calibrated hydraulic model for future dry weather day and maximum wet weather day. Carollo will identify and analyze deficiencies such as adequate sizing of collection pipelines, substandard accessibility to sewer pipelines and system operation related to meeting existing and future dry weather day and peak wet weather flow conditions. System deficiencies and recommended improvements will be incorporated into the plan.

Analysis of System Efficiencies
Carollo will perform an evaluation of the Town’s sewer system operation to determine if there are any projects that could be implemented to optimize the Town’s sewer system. This evaluation will take into consideration flows and operational costs and will likely be focused on potential optimization of the Town’s lift stations.

Closed Circuit Television Inspection Data Review
Carollo will review existing CCTV records provided by the Town and make recommendations for system improvements based on observed defects from the CCTV records.

Task 3 Deliverables
 Hydraulic Model Calibration Technical Memo
 Temporary Flow Monitoring Report
Task 4 Recommended System Improvements
Carollo will develop a sewer system Capital Improvement Plan (CIP) based on the results of the Tasks 1-3 for current and future system conditions, and the CCTV inspection results. The CIP will be a prioritized listing of recommended improvement projects needed to correct the identified system deficiencies/efficiency opportunities. The improvement project descriptions will include specific detailed information describing the scope of work for each project. Carollo will prepare a map/exhibit showing the location of each recommended project.

Task 4 Deliverables
 Recommended CIP Exhibits
Task 5 Evaluate Operation and Maintenance Program
Carollo will evaluate the existing operation and maintenance practices of the Town, and identify specific improvements, if needed. This evaluation will include a consideration of appropriate staffing levels. Carollo will prepare detailed lists and goals required to meet the minimum consistency with local and State regulatory agencies and include applicable cost estimates and comparable costs against similar type operations and maintenance programs of other regional municipal agencies. Carollo will develop a technical memorandum summarizing the findings of the operations and maintenance program evaluation.

Task 5 Deliverables
 Operation and Maintenance Program Evaluation Technical Memo Task 6 Capital Cost Analysis
Carollo will prepare Class 5 costs estimates for the recommended system improvements identified in Tasks 1-5. The recommended system improvements will be phased in accordance with relative urgency and/or benefit to establish near-term and long-term priorities. Current construction and capital costs will be determined.

Task 6 Deliverables
 Capital Improvement Plan

Exhibit “A”-4
Task 7 Master Plan Report
Carollo will develop a comprehensive Master Plan Report based on the findings of Tasks 1 through 6, which will include major conclusions, recommendations, priority implementation schedule, cost estimates and payback analysis where applicable. The Master Plan Report will include the results of the CCTV inspection records, data review and model analysis. The Master Plan Report will include a description of the Town’s existing sewer system service area and facilities, including collection pipelines and trunk sewers.

Ten hard copies and one electronic copy of the final draft sewer report will be prepared and submitted. The draft report will incorporate the Town’s initial draft comments and will be submitted to the Town for review and comment.

Ten bound copies of the Final Master Plan Report will be prepared and submitted to the Town incorporating comments received at the presentation of the report to the Town Council. A complete electronic copy including all maps, charts, and illustrations shall also be provided to the Town.

Task 7 Deliverables
 Draft Master Plan Report
 Final Draft Master Plan Report
 Final Master Plan Report including all maps, charts, and illustrations included in the report.

Task 8 Draft and Final Plan Presentation
Carollo will develop and present the Draft Plan to the Apple Valley Town Council at a scheduled public meeting. Feedback from Town Council members will be incorporated into the Final Plan.

Task 8 Deliverables
 Draft Master Plan Town Council Presentation Materials Task 9 Council Review and Adoption
Once the Final Plan is deemed complete, an item will be placed on the Town Council agenda for a publicly held meeting. The document will be given to the Town Council for final review no less than ten days prior to the meeting. Carollo’s project manager will be available to answer questions prior to and at the scheduled meeting.

Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES

Exhibit “C”-1
EXHIBIT "C"

COMPENSATION

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: AWARD VILLAGE NORTH SIDEWALK IMPROVEMENT PROJECT From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A That the Town Council adopt the design of the project represented by the Plans and Specifications for the Village North Sidewalk Improvement Project No. 2024- 03;
B That the Town Council award a contract to KNC Construction, Inc. for the Village North Sidewalk Improvement Project in the amount of $1,884,882.69 and a 10% contingency of $188,488.27, for a total amount not to exceed $2,073,370.96.

C Approve a Budget Amendment allocating $587,011.96 in Measure I funds to cover construction and administration costs.

BACKGROUND
As a result of the Town’s SR18 Village Corridor Study, bicycle and pedestrian facilities were identified as a key priority within the corridor. The Village Corridor was developed prior to the Town’s incorporation, the area has significant sidewalk gaps, and sections of the existing sidewalk is out of ADA compliance. In 2020, the Town retained Merrell Johnson to design a pedestrian path of travel along Outer Highway 18 North between Navajo Road and Headquarters Drive. Additionally, short portions of Pawnee Road, Quinnault Road, and Pioneer Road were added to close additional sidewalk gaps and make the area more pedestiran accessible. In 2021, the Town applied for and received a San Bernardino County Transportation Authority (SBCTA) grant for $361,818 to assist with construction costs.

The project generally consists of removal of existing concrete and asphalt paving and placement of new curb, gutter and sidwalk. Additionally, new ADA ramps and driveway approaches will be installed. Improvements will only be constructed adjacent to properties where the Right of Way (ROW) has been obtained.

The construction plans were completed in November, and the project was, subsequently, advertised on the Town’s online portal and for general circulation through Valleywide Newspaper.

On December 17, 2024, the Town received and opened bids for the subject project.

The bid results are as follows:

Contractor Base Bid Price

1. KNC Construction, Inc. $1,884,882.69

2. CT&T Concrete Paving, Inc. $2,011,258.93

ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. Staff considers KNC Construction to be a qualified, responsible and responsive bidder. The project is tentatively scheduled to begin on February 3, 2025, and construction will be completed within 50 working days.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2024-2025 budget using a combination of TDA Article 3 grant funds ($361,818), Local Transportation Funds ($327,316), Community Development Block Grant ($567,225), PBID ($100,000), and Measure I ($200,000) for a total budget of $1,556,359. The Budget Amendment will transfer an additional $587,011.96 from Measure I which will cover the additional construction costs as well as staff time, materials testing, and a 10% contingency. Upon approval, the total budgeted amount for the project will be $2,143,370.96.

ATTACHMENTS
A. Area of Work
B. Budget Amendment
C. Contract for Construction

AREA OF WORK

34 28314.00015\41921969.1
SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 14th day of January, 2025, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and KNC Construction, inc., hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:

Village North Sidewalk Improvement Project
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 50 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One million eight hundred eighty-four thousand eight hundred eighty-two dollars and sixty-nine cents ($1,884,882.69), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that Town will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Town’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum of $500.00 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Town’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, Town may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. Town need not wait until Final Completion to withhold liquidated damages from Contractor.

Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses. Liquidated

35 28314.00015\41921969.1
damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Town.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
California Air Resources Board – Fleet Compliance Certification Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications prepared by Merrell-Johnson
Standard Specifications
Addenda
Plans prepared by Merrell-Johnson
Change Orders executed by Town
Federal Documents
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

36 28314.00015\41921969.1
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

37 28314.00015\41921969.1
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY KNC CONSTRUCTION, INC.

By: By:

Scott Nassif Malia Caminiti
Mayor President
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk
APPROVED AS TO CONTENT:

Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
Thomas Rice, Town Attorney

END OF CONTRACT

TOWN OF APPLE VALLEY

BUDGET AMENDMENT/TRANSFER REQUEST

PURPOSE

FROM ACCOUNT (DECREASE)
Org Object Amount Available After
20215210 750100 $587,011.96
TOTAL 587,011.96

TO ACCOUNT (INCREASE)
Org Object Amount Available After

TOTAL -
Transfer Reference Check (587,012)
Note: Budget Transfers must have a net total of "$0.00" Date Date
Date Entered by Date
Village North Sidewalk Improvement Project
Account Description
Measure I
Requesting Department Prepared By Date Prepared
Engineering Rich Berger December 18, 2024
Account Description
Town Manager
Department Director Finance Mgr. / Dir.of Finance

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: PRESENTATION OF THE DRAFT APPLE VALLEY SR 18 CORRIDOR

ENHANCEMENT PLAN PHASE II
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Receive and file.

BACKGROUND
In 2022, the Town was awarded a Sustainable Communities planning grant from Caltrans in the amount of $295,855 for the Apple Valley SR 18 Corridor Enhancement Plan Phase II. Subsequently, KOA Corporation was awarded a Professional Services Agreement to perform the study. Per the grant agreement with Caltrans, a draft study will be presented to Council for review prior to adoption. Preliminary versions of the draft were reviewed by the Engineering Division and the Town Manager’s office staff.

ANALYSIS
The Apple Valley SR 18 Corridor Enhancement Plan Phase II is a comprehensive study of the 3.2-mile segment of State Route 18 (SR 18) between Apple Valley Road and Bass Hill Road. The segment includes medical, residential and commercial sectors in different levels of development. The study identified opportunities for increased multimodal transportation solutions that will provide improved bicycle and pedestrian movement throughout the Corridor.

Along with Town and Caltrans staff, KOA and their subconsultants met with and interviewed members of the community to identify and document their desires and concerns for the corridor. Additionally, traffic and collision data were collected and analyzed. Finally, a drainage study was prepared for inclusion in the plan. The final

deliverable will be the Apple Valley SR 18 Corridor Enhancement Plan Phase II which, in turn, will be utilized to prioritize projects and apply for grant funding.

FISCAL IMPACT
There is no fiscal impact.

ATTACHMENTS
A. Draft Plan available for review at Town Clerk’s Office.

Town Council Agenda Report
Date: January 14, 2025
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION

From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. PERSONNEL MATTERS – GOVERNMENT CODE SECTION 54957(A)(2) - PUBLIC EMPLOYEE PERFORMANCE EVALUATION. TITLE: TOWN MANAGER.