APPLE VALLEY TOWN COUNCIL
AGENDA
Tuesday, May 13, 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
Pastor Billy Simpson from Spirit Life Church Apple Valley
2.2 Pledge of Allegiance
2.3 Presentations
3. Public Comments
4. Councilmember Committee/Commission/Community Participation 6 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 - May 27, 2025 - Council Chambers Regular Session at 6:30pm
6. Town Council Consent Agenda
Recommended Motion:
To approve the Consent Calendar items numbered 6.1 to 6.7 as recommended.
6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 AWARD POWHATAN ROAD COMPLETE STREETS PROJECT 15
Award a Professional Services Agreement to Kimley-Horn and Associates, Inc. for Design Services for the Powhatan Road Complete Streets project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
6.3 APPROVE FINAL PARCEL MAP 20846 45
That the Town Council move to accept the final map Parcel Map No. 20846.
6.4 APPROVE FINAL PARCEL MAP 20847 54
That the Town Council move to accept the final map Parcel Map No. 20847.
6.5 APPLE VALLEY POLICE DEPARTMENT HVAC PROJECT 63
That the Town Council:
Review and approve the bid documents for the Apple Valley Sheriff’s Department HVAC Replacement Project;
A.
Award a contract to Simco Mechanical, Inc., for the Apple Valley Sheriff’s Department HVAC Replacement Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager in the amount of $71,000 with a 10% contingency of $7,100, for a total amount not to exceed $78,100.
B.
6.6 ACCEPTANCE OF WORK FOR THE ROADWAY REPAIR 2025
PROJECT
69 That the Town Council:
Accept the work completed by Onyx Paving Company, Inc. as part of the Roadway Repair 2025 project for a total contract cost of $944,541.70.
A.
Direct the Town Clerk to file the Notice of Completion for the contracted work.
B.
Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
C.
6.7 REQUEST TO ALLOW OVERHEAD POWER LINES FOR IT'S A DOG'S
LIFE PET RESORT
74 Approve request to allow overhead utility poles and lines to remain inplace adjacent to It’s a Dog’s Life Pet Resort, near the southeast corner of Outer Highway 18 and Yanan Road.
7. Public Hearings
7.1 SUBSTANTIAL AMENDMENT TO THE 2022-2026 CONSOLIDATED PLAN AND 2024-2025 ACTION PLAN
79 That the Town Council:
A. Conduct a public hearing and upon accepting public testimony; Approve a Substantial Amendment to the 2022-2026
Consolidated Plan and to the 2024-2025 Action Plan; and B.
Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional
amendments, to ensure timely program expenditures.
C.
8. Business of the Council
8.1 PRESENTATION OF THE DRAFT TOWN WIDE COMPLETE STREETS
ACTION PLAN
90 Receive and file.
9. Reports, Requests and Communications
10. Town Manager’s Comments & Legislative Update
11. Closed Session
Recommended Motion:
To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:
11.1 CLOSED SESSION 92
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION
Initiation of litigation under section 54956.9(d)(4): One Case B. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor, Town Attorney, or designee; Unrepresented employee: Town Manager
C. PUBLIC EMPLOYEE APPOINTMENT
Title: Town Manager (discussion of process)
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
Meets as needed.
Town Council Chambers
TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as needed
PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Mayor Pro-Tem Emick
AD HOC COMMITTEES
APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif
VILLAGE MERCHANTS AD HOC COMMITTEE
Mayor Pro-Tem Emick
SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA
AD-HOC COMMITTEE
Council Member Bishop
Council Member 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
Council Member Bishop – Alternate
Meets as needed, rotating cities.
MOJAVE DESERT AIR QUALITY MANAGEMENT
DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Mayor Pro-Tem 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
Council Member 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)
Council Member Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2nd Thursday at 10:00 a.m.
1170 West 3rd 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)
Mayor Pro-Tem Emick – Commissioner
Council Member Bishop – Alternate
Meets as needed, SCLA
VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Mayor Pro-Tem Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall
VICTOR VALLEY WASTEWATER RECLAMATION
AUTHORITY (VVWRA)
Mayor Nassif – Commissioner
Council Member Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.
VVWRA Offices
GREATER HIGH DESERT CHAMBERS
GOVERNMENTAL RELATIONS COMMITTEE
Council Member Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Department of Government Services
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 April 22, 2025.
Apple Valley Town Council
MINUTES
April 22, 2025, 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 Emick.
2.3 Presentations
Fire Chief Peratt, Apple Valley Fire Protection District (AVFPD) - Cal Fire's updated Apple Valley Fire Hazard Severity Zones
3. Public Comments
Jack Grimm, expressed concern regarding the shelter and its outbreaks of distemper, parvo, etc. He stated that he has been banned from the shelter and would like to be reinstated.
Theodore Trentman, spoke about the Line Fire and how it impacted the need for animals to be rescued from his community. He believed that animals from Big Bear that were transported to Apple Valley where injured when returned.
TC Minutes April 22, 2025
2 Janet (No Last Name Given), expressed concern regarding the animal shelter.
Shari Kidwell, commented on the outbreak of distemper at the shelter.
Julia Butler, commented on the state of the shelter.
Margaret Cashion, expressed concern regarding the shelter. She offered a suggested list of changes that should be made.
Kerry Henard, Apple Valley, complained about various issues taking place in the Town.
Chelsea Trotter, spoke regarding the animal shelter and stated that she would like to sit and discuss this matter with the Town.
Donna Rutledge-Goulden, Apple Valley, thanked Mayor Pro Tem Emick for addressing the accessibility issues near her neighborhood. She also expressed concern that restaurants are being pushed out for coffee shops.
Mike Rycen, expressed concern regarding the animal shelter.
Brooke Smith, expressed concern regarding the animal shelter.
Ted Bohanon, Apple Valley, commented on various Town issues.
Mayor Nassif recessed the meeting of the Apple Valley Town Council at 7:50 p.m.
RECESSED MEETING AT 7:50 P.M.
RECONVENED MEETING AT 7:59 P.M.
Mayor Nassif reconvened the meeting of the Apple Valley Town Council at 7:59 p.m.
4. 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.
TC Minutes April 22, 2025
3 Mayor Pro Tem Emick commented on committee meetings and events that he attended.
Mayor Nassif commented on committee meetings and events that he attended.
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 - May 13, 2025 - Council Chambers Regular Session at 6:30pm
6. Town Council Consent Agenda
Motion by: Council Member Cusack
Seconded by: Mayor Pro Tem Emick
To approve the Consent Calendar items numbered 6.1 to 6.3 as recommended.
Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)
6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.
6.2 ACCEPTANCE OF WORK FOR THE MANHOLE RING AND COVER
REPLACEMENTS PROJECT
That the Town Council:
A. Accept the work completed by Kelley’s Underground Construction, Inc. as part of the Manhole Ring and Cover Replacements Project for a total contract cost of $56,800.00.
B. Direct the Town Clerk to file the Notice of Completion for the contracted work.
C. Direct the Finance Department to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
TC Minutes April 22, 2025
4 6.3 RELEASE OF SECURITIES FOR PARCEL MAP 20017
That the Town Council finds that the construction of various improvements required for Parcel Map 20017 are complete and approves the 50% reduction of the performance securities and release of the labor and materials security.
7. Public Hearings
7.1 GENERAL PLAN AMENDMENT 2023-002, TENTATIVE PARCEL MAP NO. 20625, DEVELOPMENT PERMIT 2022-014, EIR SCH#2023090366 That the Town Council:
A. Open a public hearing and take testimony;
B. Close the public hearing;
C. Adopt Town Council Resolution No. 2025-07 Certifying the project EIR, Resolution No. 2025-08 Approving GPA No. 2023-002 and Resolution No. 2025-09 Approving TPM No. 20625 and;
D. Direct Staff to timely file a Notice of Determination with the State Clearinghouse and Clerk of the Board of San Bernardino County.
Orlando Acevedo, Assistant City Manager, provided an introduction to the item.
Richard Hirsch, Contract Planner, presented the staff report as filed with the Town Clerk.
Council Member Bishop asked questions of the team regarding the proposed project.
Richard Pedersen, Town Engineer, answered questions from the Town Council.
Discussion ensued regarding the distribution of power for the project and the impacted Joshua Trees.
Todd Marsh, Local Union 364, spoke in support of the project.
Zac Strasters, Care California, spoke in support of the project.
Alfredo Valencia, spoke in support of this project.
Walter Flores, spoke in support of the project.
Colin Kraft, spoke in support of the project.
TC Minutes April 22, 2025
5 Robert Ramos, Iron Workers, spoke in support of the project.
There being no additional requests to speak, Mayor Nassif closed the public hearing at 9:20 p.m.
Motion by: Council Member Leon
Seconded by: Mayor Pro Tem Emick
That the Town Council:
1. Open a public hearing and take testimony;
2. Close the public hearing;
3. Adopt Town Council Resolution No. 2025-07 Certifying the project EIR, Resolution No. 2025-08 Approving GPA No. 2023-002 and Resolution No. 2025-09 Approving TPM No. 20625 and;
4. Direct Staff to timely file a Notice of Determination with the State Clearinghouse and Clerk of the Board of San Bernardino County.
Yes (5): Council Member Bishop, Council Member Cusack, Council Member Leon, Mayor Pro Tem Emick, and Mayor Nassif
Carried (5 to 0)
8. Business of the Council
9. Reports, Requests and Communications
None.
10. Town Manager’s Comments & Legislative Update
Orlando Acevedo, Assistant Town Manager, commented on activities and upcoming events in the Town of Apple Valley.
11. Closed Session
Motion by: Council Member Leon
Seconded by: Mayor Pro Tem Emick
To Adjourn the regular meeting to move into Closed Session at 9:33 p.m. to discuss the following:
11.1 CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
TC Minutes April 22, 2025
6 Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.; and Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No.
E078348.
Unanimous
Upon returning from Closed Session at 9:48 p.m. Mayor Nassif announced that there was no reportable action taken.
12. Adjournment
Motion by: Council Member Bishop
Seconded by: Mayor Pro Tem Emick
To adjourn the meeting of the Apple Valley Town Council at 9:48 p.m.
Carried Unanimously
________________________
Mayor, Scott Nassif
___________________________
Town Clerk, La Vonda M-Pearson
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: AWARD POWHATAN ROAD COMPLETE STREETS PROJECT
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Award a Professional Services Agreement to Kimley-Horn and Associates, Inc. for Design Services for the Powhatan Road Complete Streets project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
BACKGROUND
The Town of Apple Valley was awarded an Active Transportation Program grant from the California Department of Transportation (CalTrans) for the Powhatan Road Complete Streets project which will provide continuous sidewalk access between Navajo Road and Central Road and along Quinnault Road from Powhatan Road to the U.S. Post Office where it joins with existing sidewalks. Additionally, the project will construct new ADA compliant curb ramps and driveway approaches creating an accessible pathway for all users along the corridor. The project was identified in the Apple Valley SR18 Village Enhancement Plan and the Village Specific Plan.
ANALYSIS
On January 22, 2025, staff issued a Request for Proposals (RFP) seeking a design engineering consultant to prepare the Plans, Specifications, Estimate, and potential Right of Way Services for the subject project. Staff received and reviewed eleven submissions based on the following criteria:
Understanding of the work to be done 25
Experience with similar kinds of work 25
Experience of Project Manager 20
Quality of staff for work to be done 20
Completeness and overall quality of submission 10
On April 15, 2025, Town staff interviewed the top four candidates and selected KimleyHorn and Associates, Inc. Once the finalist was selected, their sealed cost proposal was opened, and their cost was determined to be in line with the grant’s allocated budget.
Staff recommends that Kimley-Horn and Associates, Inc. be awarded a Professional Services Agreement for design and right of way services totaling $231,853.11.
FISCAL IMPACT
Funding for the project is included in the adopted Fiscal Year 2024/25 budget. The Active Transportation Program grant will provide funding up to $202,000 in reimbursable funds for design. The Town’s $29,853.11 required match will come from Measure I.
ATTACHMENTS
A. Project Exhibit.
B. Professional Services Agreement.
POWHATAN ROAD COMPLETE STREETS 1/10/2025 NTS SHEET 1 OF 1 ATTACHMENT A: PROJECT LAYOUT Town of Apple Valley Construct New Concrete Sidewalk Construct New Concrete Sidewalk Construct New Concrete Sidewalk Join w/ (E) Sidewalk Construct New Concrete Sidewalk. Parcel may need minor ROW dedication at SE Corner Join w/ (E) Sidewalk Join w/ (E) Sidewalk Reconstruct Curb Ramp Reconstruct Curb Ramp New Curb Ramp New Curb Ramp. New Curb Ramp New Curb Ramp New ADA Compliant Driveway Approach New Driveway Approach Parcel may need minor ROW dedication at NW Corner for ADA Ramp New Driveway Approach New Driveway Approach Construct New Concrete Sidewalk Join w/ (E) Sidewalk New Curb Ramp New Curb Ramp New Driveway Approach Construct New Concrete Sidewalk Construct New New Curb Concrete Sidewalk Ramp Join w/ (E) Sidewalk New Curb Ramp Construct New Concrete Sidewalk Join w/ (E) Sidewalk New Crosswalks New Curb Ramp Join w/ (E) Sidewalk Construct New Concrete Sidewalk. Undeveloped parcel requires standard ROW dedication on the north and east. New Curb Ramp FOR REFERENCE ONLY Page 17 of 92 -1-
TOWN OF APPLE VALLEY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 13th day of May, 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 Kimley-Horn and Associates, Inc., a Corporation, with its principal place of business at 1100 W Town & Country Road, Suite 700, Orange, CA 92868, ("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 Engineering and Design 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 Powhatan Road Complete Streets 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 Engineering and Design 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 May 13, 2025 to May 13, 2027, 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 Two Hundred Thirty-One Thousand Eight Hundred Fifty-Three Dollars and Eleven Cents ($231,853.11) 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 as set forth in Exhibit “C.”
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
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request of Town, Consultant shall provide a more detailed schedule of anticipated performance 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: Darren Adrian, PE, Ryan Calad, PE, TE, Frank Hoffman, PE, Brandon Chen, PE, Kameron Qureshi, PE, Jason Melchor, PE, Alissa Maxon, PE, and Gabe Kehan, EIT.
3.3.5 Town's Representative. The Town hereby designates Richard Pedersen, PE, 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 Darren Adrian, PE, 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
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Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 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.
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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 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
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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 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 nonpayment of premium.
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(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. (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 self-insured 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
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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 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.
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(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 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
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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 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 selfinsurance 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
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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:
Consultant:
Town:
Kimley-Horn and Associates, Inc.
Kmiley-Horn1100 W Town & Country
Road, Suite 700 Orange, CA 92868
ATTN: Darren Adrian, PE
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, California 92307
ATTN: Richard Pedersen, PE
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,
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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.
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,
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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.
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
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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.
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.
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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.
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 KIMLEY-HORN AND ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF APPLE VALLEY
By:
Doug 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
By:
Its:
Printed Name:
By:
Its:
Printed Name:
EXHIBIT "A"
SCOPE OF SERVICES
Exhibit “A”-1
Town of Apple Valley ▪ TRCAORNG004706.2025 ▪ 23
Exhibit "A"
SCOPE OF SERVICES
Task 1 – Project Management and Coordination
Task 1.0 Project Meetings, Coordination and Management
Upon agreement of the scope, fee, schedule, and notice to proceed, Kimley-Horn’s project manager will hold an in-house team meeting where expectations, scope, procedures, budget, schedule with milestones, and other pertinent information will be communicated.
This task includes ongoing management of the project, including coordination with the Town, subconsultants, and different task leads within Kimley-Horn, monthly updates to the project schedule and administrative tasks. We will maintain an ongoing action item list which shows the next four to six weeks of upcoming tasks to keep the Town appraised of the project progress. Kimley-Horn is assuming a total of fourteen (14) months to complete design.
Kimley-Horn will send monthly project invoices, which include bi-weekly progress reports on the project to the Town’s project manager. Ryan Calad, the Kimley-Horn project manager, will be available for questions or concerns from the Town, either by email or by phone.
Meetings will be arranged at the following times:
• The Project Kick-Off will be used as a finalization of scoping, identification of any project concerns and will allow the Town and the Kimley-Horn Team to meet and work out any design considerations.
This will allow for our team to understand any special requirements the Town may request as a part of this project.
• After each milestone submittal (30%, 65%, 95% and 100%) to discuss the Town’s comments and actions moving forward. This is a total of four (4) milestone meetings.
The Kimley-Horn Deputy Project Manager will prepare the meeting agendas and minutes for each of these meetings.Meeting minutes will be distributed to all attendees for review and comment within three (3) business days of the meeting.
As part of our project management process, Kimley-Horn follows a regimented internal QC/QA program on all our projects. Throughout each assignment, task managers will work directly with the Kimley-Horn project manager to implement our in-house Quality Control/ Quality Assurance Program. This process emphasizes quality control as a continuous process used at milestones and on a daily basis as work proceeds throughout each assignment. By assigning control of the QC/QA process to a collaborative effort between project and task managers, we do our best to help each element of each task order be held to a consistent and uniform quality standard.
Deliverables:
Actions Items List
Monthly Invoices with Progress Reports
Project Schedule (with monthly updates)
One (1) Kick-Off Meeting
Four (4) Milestone Meetings
Fourteen (14) Meeting Agendas and Meeting Minutes
Quality Assurance Sign-Off on Each Deliverable
Task 2 – Surveying and Base Mapping
Task 2.1 Topographic Survey
Kimley-Horn will perform a field survey of the project site to facilitate engineering design. The survey will be used to identify the locations and elevations of existing features and site elevations. The results of this survey will be compiled as CADD files to be used by the design team The site survey shall include obtaining locations, elevations, and descriptions of:
• Spot elevations on hardscape features.
• Curbs and gutters, cross gutters, existing edges of pavements, sidewalks, and driveways.
• Existing survey monuments.
• Building footprints, fences, gates, and walls.
• Street and pavement areas, including the roadway surface, centerlines, and existing public right-of-way.
• Power poles, streetlights, traffic signals and major signs, overhead power lines within the public right-of-way.
• Above ground utilities including valves,manholes, pull-boxes, meters, and vaults.
• Allmajor surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks, and natural ground.
Town of Apple Valley ▪ TRCAORNG004706.2025 ▪ 24
Deliverables:
Map
Deliverables:
Potholing reports and survey data for up to four potholes Task 2.2 Record Data Map Preparation
In order to include and plot the record position of the project boundary in approximate orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, Kimley-Horn will perform the following tasks:
• Research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property;
• Prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments; • Perform a field survey of saidmonuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping;
• Plot the record boundary lines on the aerial base map, with the understanding of the Town that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that its orientation may disagree from the position determined by a full boundary survey and analysis. However, this record map will be sufficiently accurate to serve as the basis for designs and indicate where right-of-way acquisitions or Temporary Construction Easements (TCEs) are required.
Assumptions: Adequate and accessible boundary monumentation exist in the immediate project vicinity to control the record data survey.
Any costs associated with the preparation and process of a Record of Survey Map, if required, will be covered by the Town.
Task 3 – Utility Research and Coordination
Task 3.1 Utility Research and Coordination
Kimley-Horn will research and prepare first and final Utility Request letters (on Town letterhead), requesting utility owners to send their facility maps and as-built plans. The first utility notice letters will be sent following the 65% deliverable, and the final utility notice letters will be sent following the 95% deliverable. We will coordinate with each utility owner until all responses are received.
Kimley-Horn will maintain a utility contact matrix including the following:
• Copies of utility notices sent
• Copies of correspondence
• Dates utility notices were sent
• Dates utility responses were received
• Atlases/plans received
Once all plans have been received, Kimley-Horn will plot the utilities on the plans and probable conflicts will be noted.
Deliverables:
Utility Correspondence Matrix
First and Final Utility Request Letters
Utility Mapping
Task 3.2 Potholing (As Required)
If any conflicts with utilities are anticipated after the utilities have been plotted on the plans, Kimley-Horn will coordinate potholing services to positively determine the horizontal and vertical locations of underground facilities. We will develop a potholing exhibit for Town approval prior to initiating potholing activities. All coordination for potholing is captured under Task 3.1. The exhibit will depict the location of possible utility conflicts.
Assumptions: This task assumes four (4) potholes. Additional potholes will be collected at an additional fee. The price per each additional pothole is $1,700.
Deliverables:
Topographic Survey with existing monuments shown on the plans
Town of Apple Valley ▪ TRCAORNG004706.2025 ▪ 25
Deliverables:
Document Research and Field Verification Notes
Deliverables:
30% Plans and Engineers Estimate with Quantities Comment/Resolution Matrix Deliverables:
Three (3) Preliminary Title Reports (PTRs)
Task 4 – Preliminary Design
Task 4.1 Records Research and Initial Field Review
Kimley-Horn will complete the necessary research to gather and review available information such as preliminary reports, record drawings, tract maps, assessor parcel maps, right-of-way maps, street centerline ties, and utility maps. Our team will complete a field review investigating any issues identified in the scope of work as well as those identified in the Kick-Off meeting. During this walk, our team will document any pertinent field conditions, utility appurtenances and photo-document all locations. We will take necessary field measurements to begin preparing early quantities and a rough cost estimate. Other measurements to be taken will be instrumental in the project layout and design.
Task 4.2 Preliminary Design 30% Plans and Estimate
Kimley-Horn will develop 30% plans showing alterative alignments and typical sections. The 30% plans will include all necessary information such as proposed layouts, dimensions, right-of-way lines, and utility appurtenances. Plans will be prepared at a scale of 1 inch = 40 feet.
Two (2) layout plans (double loaded) will be required to encompass the entire project limits. Drawings shall be prepared in AutoCAD and shall comply with the Town CAD Standards. All designs will be in accordance with the latest Town Standards, Standard Plans and Specifications for Public Works Construction, and AASHTO Greenbook. Kimley-Horn will also develop an itemized cost estimate to provide the Town an idea of project cost so that the designs are within the available budget. The cost estimate will be prepared in Excel format and backup quantities can be provided to the Town, if requested.
The 30% designs will be presented to the Town at one of the scheduled milestone meetings. The purpose of the meeting will be to review and obtain comments and/or approval regarding the preliminary design.
A comments matrix will be prepared to document any comments received from the Town and Kimley-Horn will address all comments or will provide responses and reasoning as to why comments were not addressed. This comment matrix will remain current over the lifetime of the project.
Task 5 – Right-Of-Way Research and Acquisition (As-Needed) All right-of-way activities will be performed in compliance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (URA), Caltrans Right-of-Way Manual, and LAPM guidelines.
Task 5.1 Title Report Examination
Securing preliminary title reports in a timely manner is critical to the success of every acquisition project. Once the preliminary design has been approved, Epic Land Solutions, Inc. (EPIC) will obtain Preliminary Title Reports for the impacted parcels from either a third-party title company or from the Town of Apple Valley. EPIC will perform a desk review of title reports, legal descriptions, and plat maps to verify ownership and identify any easements or encumbrances to prepare the property for conveyance to the Town’s possession.
Assumptions: It is assumed that three (3) property interests will be acquired. Interests will only be partial acquisitions or easements, but no full acquisitions or relocations are required.
Task 5.2 Appraisal and Appraisal Services
EPIC’s in-house, certified real estate appraisers will provide timely estimates and opinions of value for up to five parcels. Their appraisers have extensive experience appraising all property types, including residential, commercial, open space, and unimproved/undeveloped property. All appraisals conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, current Yellow
Town of Apple Valley ▪ TRCAORNG004706.2025 ▪ 26
Books Standards, and federal policies and regulations, where applicable. Our team will coordinate with the Town to mitigate appraisal costs whenever possible through the use of waivers or other processes.
Assumptions: Appraisal reports will be prepared, and no improvements will be valued. Appraisal reviews will be performed as desk reviews.
Deliverables:
Notice of Decision to Appraise (NDA) Letter
Up to Three (3) Appraisal Reports
Up to Three (3) Review Certificates for Appraisal Reviews Task 5.3 Acquisition Negotiation and Managing Temporary Construction Easements Property acquisition requires negotiation with property owners or their appointed representatives for the purchase of property rights in good faith. Upon initiating the negotiation process, EPIC’s agents will establish a positive rapport, trust, and a reliable working relationship with the property owner in order to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the property interest being acquired and the proposed design and construction details as it affects the property. EPIC will assign one agent to be the primary point of contact for each property owner. EPIC will advise regarding the acquisition process and the construction (timing, phasing, type, etc.). EPIC will review all project files for quality assurance to make sure all acquisition files meet all local, state, and federal laws and regulations, as well as being compliant with federal URA requirements.
EPIC will obtain and manage all TCEs and property rights clearance to help the safety and availability of pedestrian re-routing pathways during sidewalk re-building.
Assumptions: Eminent domain support will not be necessary.
Deliverables:
Prepare offer letter and summary statement in accordance with prevailing regulations for the Town’s approval
Present written purchase offer to owner or appointment representative and follow-up and negotiate with property owner, as necessary
Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests
Prepare impasse letters as needed
Provide necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means
Transmit executed acquisition documents to the Town
Manage TCEs
Task 5.4 Escrow Coordination
Once EPIC has obtained signatures from the property owner and the client on acquisition agreement(s) escrow will opened with the Client’s preferred escrow company. Our team will oversee escrow instructions and will deliver to the Client for approval. We coordinate payment between the Grantor, client and the Escrow Company. EPIC will obtain signatures on all necessary documentation, such as grant deeds and temporary construction easement deeds to convey title.
Deliverables:
Escrow Documents, Including Escrow Instructions and Escrow Closing Schedule
Final Title Policy
Task 6 - GIS
Task 6.1 Prepare GIS Maps and GIS Design Data
Kimley-Horn is familiar with the GIS system that the Town of Apple Valley is expecting and has developed and organized data in a similar way on the Town’s LRSP project that Ryan has managed previously. Kimley-Horn will organize the CAD and GIS database using the Esri Local Government Information Model (LGIM). The layers will be placed into the correct feature classes with the proper attributes. Labels/Annotation will be associated with corresponding layers so that they can be controlled together by the user. Data will be projected in the local state plane projection of NAD 1983 State Plane California V FIPS 0405 (US Feet). The team will create thorough metadata describing each of the layers that store information.Metadata will meet the FGDC standards and be generated with the Esri ArcCatalog metadata tool set. GIS maps will be
Town of Apple Valley ▪ TRCAORNG004706.2025 ▪ 27
Deliverables:
GIS Maps and GIS Data of Designs
Deliverables:
65% Plans and Engineers Estimate with Quantities
Deliverables:
95% Plans and Engineers Estimate with Quantities, Specifications, Comment Response Matrix will be symbolized exactly how the PDF outputs look.
In addition to the GIS, the CAD file will be set up to closely resemble the LGIM. In line with Kimley-Horn design guidelines, the CAD data will be referenced in real world coordinates in engineering scale.
Task 7 – Final Design Plans, Specifications And Estimates Task 7.1 65% Plans and Estimate
Once the 30% preliminary design has been approved by the Town, Kimley-Horn will prepare the final design package.
Construction drawings are anticipated to include:
• Title Sheet (1)
• Typical Sections (2)
• Street Plans (8) (single loaded 20-scale plan & profile) • Construction Detail Sheets (6)
• Traffic Control Plans (2) (Optional), 40-Scale
• Signing and Striping Plans (2), 40-Scale
• Erosion Control Plans/SWPPP (2), 40-Scale
Drawings will be 24” x 36” sheets with standard Town title block, signature block, approvals and permits block prepared in AutoCAD. The drawings will also include locations and sizes of utilities, locations of improvements, highlight abandonments, connection & separation points, easements, property lines, rights-of-way, property addresses, and pertinent survey data. The preliminary cost estimate will be updated, and the appropriate levels of contingency will be applied. The cost estimate will be submitted in both Microsoft Excel and PDF format.
Kimley-Horn will arrange the next milestone meeting to present the 65% plans to discuss any design challenges or notify the Town of any significant changes from the preliminary designs. The 65% design package will address any comments received from the Town on the 30% design package. The comments matrix will be updated to document any additional comments received and Kimley-Horn will address all comments or will provide responses and reasoning as to why comments were not addressed.
Task 7.2 95% Plans, Specifications and Estimate
Kimley-Horn will prepare 95% construction drawings and engineer’s estimate, which will incorporate the Town’s 65% plan submittal comments.
Kimley-Horn will prepare project specifications in accordance with the latest “Greenbook” for public works construction and the Town-provided boilerplate template. The specification will include the project bid list tomatch the project cost estimate items and quantities. The specification will be provided in both PDF and Microsoft Word format.
The Kimley-Horn project manager will arrange a 95% design review milestone meeting. The purpose of the 95% review meeting will be to review the construction drawings and specifications for bidding purpose and prepare contract documents, as well as document the review process for later submittal to the Public Works Director for acceptance.
Task 7.3 100% Plans, Specifications and Estimate
Any final comments received from the Town on the 95% PS&E package will be incorporated in the 100% package.
The 95% specifications will be finalized based on any Town comments or final amendments to the designs. Once the contract documents and engineer’s construction costs estimate are complete, Kimley-Horn will schedule a final project design meeting with the Town staff to present the completed contract documents for final review and acceptance.
FOR
developed using ArcGIS Pro and final delivery of the GIS data will be via a map package. The map package will compile the project data, which
Town of Apple Valley ▪ TRCAORNG004706.2025 ▪ 28
Deliverables:
The final submittal shall include signature mylars, printed plan sets, hard sets of construction specifications, special provisions, hard copies of the corresponding engineer’s construction cost estimates, and soft electronic copies of all the above completed design products, if required.
All electronic submittals shall be submitted on a flash drive, identified and organized to the satisfaction of the Town. Written documentation shall be prepared in Microsoft Word, tabularized material and estimates shall be prepared in Microsoft Excel, and construction drawings shall be submitted in AutoCAD.
The Kimley-Horn team will prepare the Request for Authorization for Construction subsequent to approval of the final plans by the Town.
Assumptions: The Town will provide boilerplate specifications in Word format.
Deliverables:
100% Plans, Specifications and Estimate (hard copies and electronic copies, as required)
Request for Authorization
Task 8 – Bidding and Construction Support
Task 8.1 Bid Support, Respond to RFIs, Prepare Project Addenda Kimley-Horn will attend one pre-bid meeting with the appropriate technical personnel. When requested by the Town, we will respond to bidder Requests for Information (RFIs) and we will prepare bid addendum documents and plans. Kimley-Horn will be available to the Town staff during the bidding process to answer any questions or clarifications by phone or email.
Deliverables:
One Pre-Bid Meeting
Responses to Up to Five (5) RFIs
Up to Two (2) Addendums
Task 8.2 Construction Support (Optional)
Kimley-Horn will provide construction support services to include observation of the Contractor’s activities during construction to monitor conformance to the approved PS&E.
We have assumed two (2) days at 4 hours per day on-site for Kimley-Horn’s project manager and four (4) days at 4 hours per day on-site for Kimley-Horn’s Deputy Project Manager. If more time is required, we will notify the Town and any additional time can be charged on a time and materials basis.
Kimley-Horn will attend the pre-construction meeting after the project award, review and respond up to five (5) contractor RFI’s, up to five (5) contractor submittals, and assist with the Town’s representative with preparation corrective change orders as necessary if errors are found in the plans.
Assumption: Kimley-Horn will be not be acting as the inspector, but will be assisting as a supplemental to the Town’s in-house inspection services.
Deliverables:
Two (2) days at four (4) hours per day on-site for Kimley-Horn’s Project Manager to observe construction activities
Four (4) days at four (4) hours per day on-site for Kimley-Horn’s Deputy Project Manager to observe construction activities Pre-Construction Meeting
Response to Up to Five (5) RFI’s
Response to Up to Five (5) Submittals
Task 8.3 As-Built Drawings
Kimley-Horn will prepare the final as-built drawings based on the redline copies of the plans received from the contractor and Town’s inspector.
EXHIBIT "B"
SCHEDULE OF SERVICES
Exhibit “B”-1
PROPOSAL FOR
Engineering and Design Services for the
Powhatan Road Complete Streets Project
Exhibit "B"
3. TIME SCHEDULE
Per the Town’s RFP, we have provided a detailed project schedule with an anticipated award date of April 22, 2025. 2025 2026
Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Task 1 Project Management and Coordination
1.1 Kick-OffMeeting
1.2 Project Meetings
Task 2 Survey and Base Mapping
2.1 Topographic Survey
2.2 Record Data Map Preparation
Task 3 Utility Research and Coordination
3.1 Utility Research and Coordination
Task 4 Preliminary Design
4.1 Records Research and Initial Field Review
4.2 Preliminary Design 30% Plans and Estimate
Task 5 Right-Of-Way Research and Acquisition (As-Needed)
5.1 Title Report Examination
5.2 Appraisal and Appraisal Services
5.3 Acquisition Negotiation and Managing Temporary Construction Easements
5.4 Escrow Coordination
Task 6 GIS
6.1 Prepare GIS Maps and GIS Design Data
Task 7 Final Design Plans, Specifications, and Estimates
7.1 65% Plans and Estimate
7.2 95% Plans, Specifications and Estimate
7.3 100% Plans, Specifications and Estimate
Task 8 Bidding and Construction Support
8.1 Bid Support, Respond to RFIs, Prepare Project Addenda
8.2 Construction Support (Optional)
8.3 As-Built Drawings
Ongoing Meetings Submittal/Review Final Submittal
Town of Apple Valley ▪
▪
EXHIBIT "C"
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario.] Exhibit “C”-1
196.54% Overhead% Name
Ryan
Calad
Frank
Hoffmann
Darren
Adrian
195.57% Overhead% w/o FCCM
Category/Title Project
Manager
QC/QA
Manager
Principal-inCharge
10% Fee% Direct Rate $83.31 $107.94 $130.87 $98.85 $90.51 $77.46 $64.15 $57.09 $39.32 Billing Rate $271.67 $351.99 $426.76 $322.35 $295.15 $252.59 $209.19 $186.17 $128.22 Task 1 24 2 12 12 12 12 74 $ 16,687.75 $ - $ - $ 16,687.75
1.1 24 2 12 12 12 12 74 $ 16,687.75 $ 16,687.75
Task 2 2 4 12 18 $ 4,064.02 $ 36,951.15 $ - $ 41,015.17
2.1 1 2 8 11 $ 2,450.39 $ 28,589.73 $ 31,040.12
2.2 1 2 4 7 $ 1,613.63 $ 8,361.43 $ 9,975.05
Task 3 1 2 4 8 12 27 $ 5,834.30 $ - $ - $ 5,834.30
3.1 1 2 4 8 12 27 $ 5,834.30 $ - $ 5,834.30
Task 4 6 6 4 30 56 80 182 $ 39,217.40 $ - $ - $ 39,217.40
4.1 2 4 16 16 38 $ 7,879.48 $ 7,879.48
4.2 4 6 4 26 40 64 144 $ 31,337.92 $ 31,337.92
Task 5 $ - $ - $ - $ -
Task 6 1 2 16 19 $ 3,840.67 $ - $ - $ 3,840.67
6.1 1 2 16 19 $ 3,840.67 $ 3,840.67
Task 7 13 13 6 48 108 340 528 $ 108,056.25 $ - $ - $ 108,056.25
7.1 6 6 2 24 60 160 258 $ 52,787.41 $ 52,787.41
7.2 4 4 2 16 32 120 178 $ 36,215.22 $ 36,215.22
7.3 3 3 2 8 16 60 92 $ 19,053.62 $ 19,053.62
Task 8 6 1 20 40 67 $ 15,401.56 $ - $ - $ 15,401.56
8.1 4 1 12 24 41 $ 9,490.40 $ 9,490.40
8.2 $ - $ -
8.3 2 8 16 26 $ 5,911.16 $ 5,911.16
53 20 2 12 2 118 236 460 12 915
$14,398.58 $7,039.78 $853.53 $3,868.16 $590.30 $29,806.18 $49,369.13 $85,637.64 $1,538.66 $ 193,101.96 $ 36,951.15 $ - $ 230,053.11 $ 1,800.00 $ - $ - $ 1,800.00
$ 1,500.00 $ 1,500.00
$ 300.00 $ 300.00
$ 194,901.96 $ 36,951.15 $ - $231,853.11
Task 1 $ - $ - $ 1,874.92 $ 1,874.92
1.1 $ - $ - $ 1,874.92 $ 1,874.92
Task 3 $ - $ 8,178.88 $ - $ 8,178.88
3.2 $ - $ 8,178.88 $ 8,178.88
Task 5 3 10 8 21 $ 5,014.49 $ 2,789.26 $ 17,275.96 $ 25,079.72
5.1 2 2 $ 505.19 $ 2,789.26 $ 416.37 $ 3,710.83
5.2 2 2 $ 505.19 $ - $ 832.75 $ 1,337.94
5.3 2 4 8 14 $ 3,227.25 $ - $ 14,716.45 $ 17,943.70
5.4 1 2 3 $ 776.86 $ - $ 1,310.39 $ 2,087.25
Task 8 10 1 20 32 63 $ 14,814.72 $ - $ - $ 14,814.72
8.2 10 1 20 32 63 $ 14,814.72 $ 14,814.72
13 1 30 40 84
$3,531.73 $351.99 $7,577.84 $8,367.65 $ 19,829.21 $ 10,968.14 $ 19,150.88 $ 49,948.23 $ - $ - $ 26,600.00 $ 26,600.00
$ 200.00 $ 200.00
$ 375.00 $ 375.00
5.4 $ 2,025.00 $ 2,025.00
5.4 $ 16,500.00 $ 16,500.00
5.4 $ 7,500.00 $ 7,500.00
TOTAL COST with Optional Tasks included: $ 214,731.17 $ 47,919.29 $ 45,750.88 $ 308,401.34 Travel/Mileage
Outside Printing/Courier Services
Total
Project
Cost
Epic Land
Solutions
Total Cost
Calvada
Total Cost
Optional Tasks Subtotal Labor:
OPTIONAL TASKS TOTAL HOURS
TOTAL COST:
Outside Printing/Courier Services
Sr.
Professional II
Project Management and Coordination
Project Meetings, Coordination and Management
Project Management and Coordination
Project Meetings, Coordination and Management
Surveying and Base Mapping
Topographic Survey
Record Data Map Preparation
Kimley-Horn and Associates, Inc.
Project
Support
Kimley-Horn
Total Hours
Kimley-Horn
Total Cost
Sr.
Professional I Professional II Professional I Analyst
Utility Research and Coordination
Utility Research and Coordination
Preliminary Design
65% Plans and Estimate
95% Plans, Specifications and Estimate
Right of Way Research and Acquisition (Optional)
Preliminary Design 30% Plans and Estimate
GIS
Prepare GIS Maps and GIS Design Data
Records Research and Initial Field Review
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Travel/Mileage
Final Design Plans, Specifications and Estimate
100% Plans, Specifications and Estimate
Bidding and Construction Support
Bid Support, Respond to RFIs, Prepare Project Addenda
Construction Support (Optional)
As-Built Drawings
TOWN OF APPLE VALLEY
Powhatan Road Complete Streets Project
Bidding and Construction Support
Construction Support
Other Direct Costs
Preliminary Title Reports (Up to 3 reports)
Appraisal Reports (Up to 3 reports)
Appraisal Reviews (Up to 3 reviews)
Escrow Coordination
Right of Way Research and Acquisition (Optional, Up to 3) Title Report Examination
Appraisal and Appraisal Services
Acquisition Negotiation and Managing Temporary Construction Easements
Optional Tasks
Utility Research and Coordination
Pothole Survey (Up to 2 Field Days)
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE FINAL PARCEL MAP 20846
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council move to accept the final map Parcel Map No. 20846.
BACKGROUND
The applicant has complied with all Conditions of Approval placed on Tentative Parcel Map No. 20846. The Town of Apple Valley received a request from applicant Jeffery Longshore to subdivide approximately 2.6 acres into two (2), parcels, a 1.00-acre parcel and the second, a 1.57-acre parcel. The proposed lots are located on Candlewood Road, a paved street, north of Waalew Road. The Planning Commission reviewed and approved the Tentative Parcel Map on September 18, 2024.
FISCAL IMPACT
The applicant has paid all required application and plan check fees.
ATTACHMENTS
A. Location Map
B. Parcel Map 20846
C. Conditions of Approval
LOCATION MAP
TRACT NO. 3318
LOT 9
LOT 11
LOT 7
LOT 23 TRACT NO. 4363 (M.B. 54/95)
(M.B. 44/13)
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: APPROVE FINAL PARCEL MAP 20847
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council move to accept the final map Parcel Map No. 20847.
BACKGROUND
The applicant has complied with all Conditions of Approval placed on Tentative Parcel Map No. 20847. The Town of Apple Valley received a request from applicant Jeffery Longshore to subdivide approximately 2.48 acres into two (2), 1.24-acre parcels. The proposed lots are located on Mockingbird Avenue, a dirt road. Because the 2-lot subdivision is south of Bear Valley Road, street pavement for Mockingbird Avenue is not required per Development Code Section 9.71.080 B.4. The Planning Commission reviewed and approved the Tentative Parcel Map on September 18, 2024.
FISCAL IMPACT
The applicant has paid all required application and plan check fees.
ATTACHMENTS
A. Location Map
B. Parcel Map 20847
C. Conditions of Approval
LOCATION MAP
N 1/2, SE 1/4, NE 1/4, NW 1/4, SEC. 8 SW 1/4, NE 1/4, NE 1/4, NW 1/4, SEC. 8 NE 1/4, NE 1/4, NE 1/4, NW 1/4, SEC. 8 N 1/2, SE 1/4, NE 1/4, NW 1/4, SEC. 8 SE 1/4, NE 1/4, NE 1/4, NW 1/4, SEC. 8
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: APPLE VALLEY POLICE DEPARTMENT HVAC PROJECT
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Debbie Rivera, Director of Parks and Recreation Parks and Recreation Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A. Review and approve the bid documents for the Apple Valley Sheriff’s Department HVAC Replacement Project;
B. Award a contract to Simco Mechanical, Inc., for the Apple Valley Sheriff’s Department HVAC Replacement Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager in the amount of $71,000 with a 10% contingency of $7,100, for a total amount not to exceed $78,100.
BACKGROUND
The five (5) HVAC units on the roof of the Apple Valley Sheriff’s Department Building have exceeded their useful life and are in need of replacement. A project exhibit, specification, and bid documents were prepared by Town facilities and Building and Safety staff, and the project was advertised publicly on Bidnet. A mandatory job walk was held on April 15, 2025, where prospective bidders were allowed to view the existing HVAC units. On April 29, 2025, the Town received and opened bids for the subject project. The bid results are as follows:
Contractor Base Bid Price
1. Simco Mechanical, Inc. $71,000.00
2. Pacific West Industries, Inc. $82,600.00
3. Summer Systems, Inc. $87,748.93
4. Retrofit Technology, Inc. $108,920.00
5. Dean Howard Heat & Air, Inc. $135,000.00
ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. Staff considers Simco Mechanical, Inc. to be a qualified resposible and responsive bidder. The project is tenatively scheduled to begin on June 2, 2025, and construction will be completed within 10 working days.
FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY2024-2025 budget using Capital Projects fund 10016036-750100 in the General fund. The total amount for construction, including the 10% contingency, will be $78,100.00.
ATTACHMENTS
A. Simco Mechanical, Inc. - Contract for Construction
31 28314.00015\41921969.1
SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 13th day of May, 2025, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Simco Mechanical, 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:
Apple Valley Sherrif’s Department AC Replacement 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 10 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 Seventy-One Thousand Dollars ($71,000.00), 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 $1,000 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
32 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
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
2022 California Building Code
Standard Specifications (Excluding sections 1-9 in their entirety) Addenda
Change Orders executed by Town
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.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
33 28314.00015\41921969.1
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]
34 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
By: ______________________ By: ____________________
Scott Nassif
Mayor
ATTEST:
____________________________
Cesar Rossignoli,
CEO
Ms. La Vonda M-Pearson
Director of Government Services/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 Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR THE ROADWAY REPAIR 2025
PROJECT
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A Accept the work completed by Onyx Paving Company, Inc. as part of the Roadway Repair 2025 project for a total contract cost of $944,541.70.
B Direct the Town Clerk to file the Notice of Completion for the contracted work.
C Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.
BACKGROUND
In the summer of 2024, staff identified segments where the previous cold mix overlay material was failing and bleeding through. Upon researching options through conversations with other agencies and technical advisors, it was determined that a conventional hot mix asphalt overlay was the appropriate solution to overcome the material failure due to it having the highest success ratio. The segments listed as part of this project required repair prior to warmer weather returning.
The Project generally consisted of providing the necessary labor, equipment and materials for the application of a one inch (1”) thick asphalt overlay, wedge cold-milling, shoulder grading, adjustment of driveway approaches, and the removal and installation of thermoplastic striping and pavement markings on various street segments within the Town of Apple Valley.
ANALYSIS
Engineering staff inspected the project area and deemed the work to be complete and acceptable.
FISCAL IMPACT
The total project cost is $944,541.70. Funding for the project has been appropriated in the adopted FY 2024-2025 budget under Paving Priorities using Measure I funds (20214023-750100).
ATTACHMENTS
A Notice of Completion
B Project Area
Recording Requested by:
Town of Apple Valley
When Recorded mail to:
Town of Apple Valley
Town Clerk’s Office
14955 Dale Evans Parkway
Apple Valley, CA 92307
FOR RECORDER’S USE ONLY
Notice of Completion
This document is recorded at the request of and for the benefit of the Town of Apple valley, California, and is therefore exempt from the payment of the recording fee pursuant to Government Code Section 27383 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation code 11922.
NOTICE IS HEREBY GIVEN, that
1. The undersigned, Richard Pedersen, is the duly appointed and qualified Town Engineer of the Town of Apple Valley, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address of the undersigned is 14955 Dale Evans Parkway, Apple Valley, California 92307.
2. That on the 11th day of February, 2025, and pursuant to approval of the Town Council of the said Town, the Town entered into a contract with Onyx Paving Company, Inc., 2890 E. La Creta Avenue, Anaheim, CA 92806 for the construction of the Roadway Repair 2025 Project in the Town of Apple Valley in accordance with the Town of Apple Valley's Plans and Specifications.
3. That all of the said work or improvement was located in various locations, APN’s unknown, within the Town of Apple Valley.
4. That all of the said work or improvement contemplated in and under said contract was completed, and accepted by Council action, on May 13, 2025.
5. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $944,541.70 and $944,541.70.
6. Owners - Town of Apple Valley.
7. Nature of Interest – In fee/easement.
The undersigned, being the first duly sworn, says: That he is the duly appointed and qualified Town Engineer of the Town of Apple Valley, the political subdivision of the state of California which conducted the proceedings for the improvement located at 14955 Dale Evans Parkway, in said Town, described or referred to in the foregoing Notice; and that he has read the foregoing "Notice of Completion;" and knows the contents thereof, and that the facts recited therein are true.
I certify under penalty of perjury the foregoing is true and correct.
Apple Valley, CA. May 13, 2025
Richard Pedersen, Town Engineer of the Town of Apple Valley, California
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
TOWN OF APPLE VALLEY )ss.
Town of Apple Valley
Roadway Repair 2025
Segment Map
(For Reference Only) Not to Scale
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: REQUEST TO ALLOW OVERHEAD POWER LINES FOR IT’S A DOG’S LIFE PET RESORT
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Orlando Acevedo, Assistant Town Manager
Economic and Community Development Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Approve request to allow overhead utility poles and lines to remain in-place adjacent to It’s a Dog’s Life Pet Resort, near the southeast corner of Outer Highway 18 and Yanan Road.
BACKGROUND
Pursuant to the Town’s Municipal Code, Chapter 14.28, “underground installation is required for all electrical lines energized at 34,500 volts or less, telephone, cable, antenna television and similar service wires or cables which:
a) Provide direct service to the property being developed; or b) Are existing and located within the boundaries being developed; or c) Are existing between the property line and the centerline of the peripheral streets of the property being developed…”
However, the Code also indicates in Chapter 14.38.060: “Notwithstanding the provisions of this Chapter, ….The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.”
ANALYSIS
On March 5, 2025, the Planning Commission approved a project proposal to construct an 11,192 square foot pet boarding facility within the General Commercial (C-G) zoning district located on the south side of Outer Highway 18 approximately 140 feet east on
Yanan Road. This proposal also includes a lot merger (LM 2024-006) to merge two parcels into one parcel totaling 1.3 acres (Applicant: Joseph and Rachel Eiswert; APN(s):
0473-043-12 &13). As part of the Conditons of Approval, the project is required to underground two power poles and approximately two hundred (200) feet of wiring at the south perimeter of the project.
On April 29, 2025, the Town received a request from owner and applicant Joseph Eiswert (see attached letter), to allow these poles to remain in service. The attached exhibit identifies the subject poles as pole A and B, along with the two neighboring power drop and conduit down poles. Pole A is at the southeast corner of the southern property line, and pole B is approximately one hunred and thirty five (135) feet west along the same boundary, with the closest neighboring poles measuring approximately seventy (70) feet to the west and two hundred and five (205) feet to the east.
Per the letter, Mr. Eiswert is requesting that the Town Council find that the undergrounding of the existing overhead service and transmission lines pose an unusual circumstance because, “The cost of undergrounding the poles is disproportionately high relative to the size of the property and will make any development of the site infeasible.” The applicant is requesting that poles A and B be excluded from the undergrounding requirement due to cost and distance to the next available poles on the outer southern boundary of the lot, referenced as the two power drop and conduit down, on neighboring properties.
Chapters 14.28 and 14.38 of the Apple Valley Municipal Code do not include cost or distance as a criterion for exclusion, however Section 14.38.060- (Emergency or Unusual Circumstances), does enable the Town Council to grant special permission “on such terms as the Council may deem appropriate” and as it has done so in the past, most similary and closely-located at the Nico Plaza project in June 2019, where the Town Council voted to support the request for exemption and several poles were allowed to remain.
The applicant is requesting Town Council consider cost and distance to constitute an “unusual circumstance”.
FISCAL IMPACT
There is no financial impact to the Town.
ATTACHMENTS
A. Letter dated April 29, 2025 from Mr. Eiswert
B. Project and pole locations
PET BOARDING FACILITY
IT'S A DOGS LIFE - PET VILLA'S C24-A54 MAY 2024
PROJECT ADDRESS:
19063 CA-18
APPLE VALLEY, CA. 92307
APN: 0473-043-12 & 13
CONTACT INFO:
JOSEPH EISWERT
P: (760) 954-7012
E: [email protected]
PLANNING_OCTOBER 2024PLANNING_DECEMBER 2024PLANNING_JANUARY 2025PLANNING_FEBRUARY 2025 SITE PLAN A-0 APN: 0473-043-12-0000 APN: 0473-043-13-0000 S 84°14'00" E 200' POWER POLE DIAGRAM SCALE: 1:16 POOL GRASS PLAY YARD ENTRY H I G H D E S E R T P E T R E S O R T A P P L E V A L L E Y C A L I F O R N I A 7 7
7 STEENO DESIGN STUDIO, INC. ARCHITECT: TOM STEENO 11774 HESPERIA RD. SUITE B-1 PH: 760.244.5001 FX: 760.244.1948 JOSEPH EISWERT P: (760) 954-7012 E: [email protected] APPLICANT / OWNER: ARCHITECT / REPRESENTATIVE: PROJECT DATA APPLE VALLEY UTILITIES SCOPE OF WORK TO OBTAIN PERMITS FOR A PROPOSED 10,990 SQ. FT. PET BOARDING FACILITY. (ALL ANIMALS TO BE LEGALLY ALLOWED IN TOWN OF APPLE VALLEY.) NUMBER OF STAFF TO BE 6. FACILITY WILL HAVE PICK UP AND DROP OFF OF ANIMALS BOARDED 1 V - B STORIES: OCCUPANCY'S: CONSTRUCTION TYPE: ZONE: C-G B SHEET INDEX A-0 SITE PLAN A-1 FLOOR PLAN A-2 EXTERIOR ELEVATIONS GAS: WATER: SEWER: DISPOSAL: APPLE VALLEY RANCHOS WATER CO. (LIBERTY) 21760 OTTAWA RD. APPLE VALLEY, CA 92307 760-247-6484 SOUTHWEST GAS CO. 13471 MARIPOSA ROAD VICTORVILLE CA. 92392 (760) 951-4055 BURTEC WASTE INDUSTRIES INC. 17080 STODDARD WELLS RD. VICTORVILLE, CA 92394 760-245-8607 TOWN OF APPLE VALLEY 14955 DALE EVANS PKWY. APPLE VALLEY, CA 92307 760-240-7000 ELECTRIC: SOUTHERN CALIFORNIA EDISON CO. 12353 HESPERIA RD. 92378 (909) 951-3237 A-3 ROOF PLAN A-4 SECTIONS VICINITY MAP NORTH MYALON RD.
CHOLE RD. SYMERON RD.
TAO RD.
ATNAH RD. SYMERON RD.
YANAN RD.
LENCA RD. LE CHATEAU DE SOUL ALLEGHENY RD. PROJECT LOCATION OUTER HIGHWAY 18 S 200' WIDE PUBLIC STREET BUILDING AREA (TOTAL) A/C PAVINGAREA SQ. FOOTAGE CONCRETE HARDSCAPE & CURBING LANDSCAPED AREA PROPOSED LAND AREA & COVERAGE 10,375 TOTAL NET LAND AREA COVERAGE (1.03 ACRE) = 82.00 36.00 82.00 200.00 PROPOSED PET BOARDING FACILITY 10,990 SQ. FT. 11,188 9,400 14,060 45,023 S.F. % COVERAGE 23 % 100 % SITE DATA THESE DOCUMENTS AND THE DESIGN AND IDEAS INCORPORATED HEREIN, AS AN INSTRUMENT OF A PROFESSIONAL SERVICE, ARE THE SOLE PROPERTY OF STEENO DESIGN STUDIO INC. ANY USE, IN WHOLE OR IN PART FOR WHICH THEY WERE NOT PROVIDED SHALL BE UNLAWFUL P H O N E ( 7 6 0 ) 2 4 4 - 5 0 0 1 F A X ( 7 6 0 ) 2 4 4 - 1 9 4 8 1 1 7 7 4 H E S P E R I A R O A D, S U I T E B H E S P E R I A, C A. 9 2 3 4 5 THESE PLANS SHALL COMPLY WITH THE 2022 CALIFORNIA BUILDING CODE WHICH ADOPTS THE 2022 CMC, 2022 CPC, 2022 CEC, 2022 CGC, 2022 CRC AND THE 2022 ENERGY STANDARDS REVISIONS DATE FINISHED www.steenodesign.com
PROJECT: JOB NO. SHEET NAME: PAGE
INC. D E S I G N S T U D I O
A R C H I T E C T U R E D E S I G N P L A N N I N G
S T E E N O THOMAS
R .STEENO
STAT E
OF
CA
L I FORN I AC-26448
L I CENSED
A
RCH I TECT
REN . 2 / 2
8 / 2 7 NORTH
0 8 32 64 SCALE = 1:16 16 25 % 21 % 31% EV CHARGING ONLY EV CHARGING ONLY EV CHARGING ONLY future EV CHARGING ONLY future EV CHARGING ONLY future EV CHARGING ONLY future dn. dn. EX. RET. WALL dn. dn. TO REMAIN 8.19 6.00 TOWN APPRVD. CONC. APPR. 5.00 8 12.00
5.00 16.00
ACCESS
EASEMENT
TO ROW 5.00 VIEW FROM HWY. 18 VIEW FROM YANAN RD. / ALLEY S:\2024 Aprojects\02 - Commercial\A - F\54 - Eiswert, Joseph & Rachel- Pet Hotel\A-0 Site Plan_Eiswert.dwg, 4/29/2025 4:54:04 PM, DWG To PDF.pc3 POWER POLE 'A' POWER POLE 'B' DROP POWER & CONDUIT DOWN AT THIS POWER POLE POWER DROP & CONDUIT DOWN AT THIS POWER POLE
POWER DROP &CONDUIT DOWN ATTHIS POWER POLE
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: SUBSTANTIAL AMENDMENT TO THE 2022-2026 CONSOLIDATED PLAN AND 2024-2025 ACTION PLAN
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Silvia Urenda, Housing and Community Development Supervisor Housing and Community Development Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council:
A. Conduct a public hearing and upon accepting public testimony; B. Approve a Substantial Amendment to the 2022-2026 Consolidated Plan and to the 2024-2025 Action Plan; and
C. Authorize the Town Manager, or designee, to execute and transmit all necessary documents, including the Substantial Amendment to the Action Plans, and any additional amendments, to ensure timely program expenditures.
BACKGROUND
The Town of Apple Valley is a direct entitlement of Community Development Block Grant (CDBG) funds. In addition, the Town of Apple Valley has formed a Consortium with the City of Victorville to meet the threshold of obtaining HOME Investment Partnerships (HOME) entitlement status with HUD. The successful formation of the Consortium results in an annual allocation of HOME funds to both communities.
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving CDBG funds, and all Participating Jurisdictions (PJs) and Consortiums receiving HOME funds to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.
The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan.
Per the Town’s Citizen Participation Plan (CPP), a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals, and objectives.
ANALYSIS
A substantial amendment to the Consolidated Plan and Action Plan is required for the following proposed changes:
1. Add the new Facade Rehabilitation objective to the Consolidated Plan to allow for the goal outcome indicator of “Facade Treatment/Business Building Rehabilitation”.
2. Update the existing Affordable Housing objective in the Consolidated Plan to allow for the goal outcome indicator of “Homeowner Housing Added”.
3. Repurpose $500,000 from the Town’s HOME Residential Rehabilitation Program to the newly proposed HOME Acquisition/Rehabilitation/Resale Program.
FISCAL IMPACT
The HOME Acquisition/ Rehabilitation/Resale Program will be funded by reallocating monies from the existing HOME program budget while the Facade Treatment/Business Building Rehabilitation Program will be added as a goal to the Consolidated Plan for future funding opportunities.
ATTACHMENTS
A Substantial Amendment to the 2022-2026 Consolidated Plan and 2024-2025 Action Plan
TOWN OF APPLE VALLEY
2022-2026 CONSOLIDATED PLAN &
2024-2025 ACTION PLAN
SUBSTANTIAL AMENDMENT
DRAFT FOR PUBLIC COMMENT PERIOD
April 11, 2025 – May 13, 2025
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117
This page intentionally left blank.
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY
OMB Control No: 2506-0117
Table of Contents
EXECUTIVE SUMMARY ...........................................................................................................................................1 PROCESS..................................................................................................................................................................2 EXPECTED RESOURCES – 91.220(C)(1,2)........................................................................................................4 ANNUAL GOALS AND OBJECTIVES – 91.220(C)(3)..........................................................................................5 PROJECTS – 91.220(D)........................................................................................................................................6
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 1
OMB Control No: 2506-0117
EXECUTIVE SUMMARY
Background
The Town of Apple Valley is a direct entitlement of Community Development Block Grant (CDBG) funds. In addition, the Town of Apple Valley has formed a Consortium with the City of Victorville to meet the threshold of obtaining HOME Investment Partnerships (HOME) entitlement status with HUD. The successful formation of the Consortium results in an annual allocation of HOME funds to both communities.
The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving CDBG funds, and all Participating Jurisdictions (PJs) and Consortiums receiving HOME funds to prepare and submit a Consolidated Plan every five (5) years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities.
The Consolidated Plan is carried out through Annual Action Plans which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the Consolidated Plan.
Per the Town’s Citizen Participation Plan (CPP), a Substantial Amendment to a Consolidated Plan and Action Plan is required when a “substantial” change is proposed as it relates to funding priorities, proposed activities, goals, and objectives. This substantial amendment to the Consolidated Plan and Action Plan is necessary because the Consortium is proposing to:
1. Add the new Façade Rehabilitation objective to the Consolidated Plan to allow for the goal outcome indicator of “Façade Treatment/Business Building Rehabilitation”.
2. Update the existing Affordable Housing objective in the Consolidated Plan to allow for the goal outcome indicator of “Homeowner Housing Added”.
3. Repurpose $500,000 from the Town’s HOME Residential Rehabilitation Program to the newly proposed HOME Acquisition/Rehabilitation/Resale Program.
Pre-PY 2024/2025 Activity(ies)
• Town Residential Rehabilitation Program – repurpose $500,000 from existing budget
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 1
OMB Control No: 2506-0117
Sources
As the lead agency of the Consortium, the Town will program the following resources in this substantial amendment to the PY 2024-2025 Annual Action Plan and corresponding PY 2022- 2026 Consolidated Plan (which may be found at
https://www.applevalley.org/services/housing/plans-reports-and-surveys) to increase the PY 2024-2025 budget:
Pre-PY 2024 Formula HOME: $500,000
TOTAL: $500,000
Town Council is responsible for determining how HOME funds will be used to strengthen publicprivate partnerships and to expand the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low-income and low-income families. In consultation with the Town Council, Town departments, City of Victorville, and partners serving the needs of very low-income and low-income in the community, this submission to the Town Council requests approval to invest the above funding for the programs/projects listed below.
Proposed Projects
Acquisition/Rehabilitation/Resale Program:
Existing Balance: $0
Proposed Increase: $500,000
Total Proposed Budget Balance: $500,000
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 2
OMB Control No: 2506-0117
PROCESS
The Town is conducting a 30-day review period for this substantial amendment from April 11, 2025 – May 13, 2025. The Town will conduct a public hearing for the substantial amendment as part of the May 13, 2025, Town Council meeting.
To encourage review and comment on the proposed activities, the Town published notices in English and Spanish in the Valleywide Newspaper on Friday, April 11, 2025, advertising the substantial amendment in compliance with the Town’s CPP. An electronic copy of the Substantial Amendment was available on the Town’s website and hard copies were placed at the Apple Valley Development Services Building, Apple Valley Branch Library, and the Town Clerk’s Office.
Town Council meetings are now open to the public within the guidelines provided by the State.
Those individuals planning to participate in the public hearing are encouraged to check the Town’s website for additional information concerning in-person participation on the day of the public hearing for any updates.
The public may comment in one of two ways:
1) Attend the meeting in person. Commenters may speak for up to three (3) minutes. 2) By emailing comments and contact information to [email protected] by 12 p.m.
Tuesday, May 13, 2025, to be included in the record.
Sort
Order
Activity Target Population Summary Summary of Comments
Received
1. Public
Hearing
• Minorities
• Non-English Speaking
• Persons with disabilities
• Broad community
• Residents of
public/assisted housing
• Stakeholders
The Town conducted
its public hearing to
review the
Substantial
Amendment on May
13, 2025.
(to be completed after
public hearing)
2. Comment
Period
• Minorities
• Non-English Speaking
• Persons with disabilities
• Broad community
• Residents of
public/assisted housing
• Stakeholders
The Town conducted
its comment period
from April 11, 2025 –
May 13, 2025.
(to be completed at close
of public comment
period)
Table 1 – Resident Engagement
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 3
OMB Control No: 2506-0117
EXPECTED RESOURCES – 91.220(C)(1,2)
Introduction
The Consortium is repurposing $500,000 from Pre-PY 2024 formula HOME resources.
Anticipated Resources
Program Source
of
Funds
Eligible Use of Funds Funds Narrative Description
Formula
HOME
PublicFederal
• Administration
• Acquisition of Affordable
Housing
• Affordable Housing
Preservation
• CHDO
• TBRA
$500,000 Activities to strengthen
public-private
partnerships and to
expand the supply of
decent, safe, sanitary,
and affordable housing
for very low-income and
low-income families.
Table 2 - Expected Resources
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
In the initial planning and programming of these resources, the Housing and Community Development Department has worked closely with other Town departments, the City of Victorville, as well as monitored other funding sources available at the local, state, and federal level to ensure that the Consortium is not providing duplicative assistance and addressing unmet needs and gaps for very low-income and low-income residents.
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 4
OMB Control No: 2506-0117
Annual Goals and Objectives – 91.220(c)(3)
The Town will be amending its PY 2022 – PY 2026 Consolidated Plan to include its newly proposed Façade Rehabilitation goal. In addition, the Town will be amending its Affordable Housing goals to reallocate Pre-PY 2024 HOME resources. These resources will be re-programmed in the PY 2024 Action Plan and corresponding PY 2022 – PY 2026 Consolidated Plan.
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs
Addressed
Funding Goal Outcome
Indicator (GOI)
1 Affordable
Housing
2024 2026 Affordable
Housing
Townwide/Citywide Housing
Programs
HOME:
$500,000
Homeowner
Housing Added: 2
Household Housing
Units
(new GOI)
2 Façade
Rehabilitation
(new goal, will be
incorporated into
the Town’s 2025-
2026 Annual
Action Plan)
2025 2026 Non-Housing
Community
Development
Townwide Business
Enhancement
Through
Façade
Rehabilitation
CDBG:
$400,000
Façade
Treatment/Business
Building
Rehabilitation: 8
Businesses
Table 3 – Annual Goals
Draft Substantial Amendment – for Public Review
Annual Action Plan APPLE VALLEY Pg. 5
OMB Control No: 2506-0117
PROJECTS – 91.220(D)
Introduction
With the repurposing of Pre-PY 2024 HOME resources, the Consortium will increase funding to the following programs/projects in the PY 2024 Annual Action Plan:
Project
# Project Name
1. Acquisition/Rehabilitation/Resale Program
Table 4 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
This program was determined in consultation with Town staff, departments, City of Victorville and stakeholders serving very low-income and low-income residents of Apple Valley and Victorville to strengthen public-private partnerships and to expand the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low-income and low-income families within the Town and City.
Project Summary Information
1 Project Name Acquisition/Rehabilitation/Resale Program Target Area Townwide
Goals Supported Affordable Housing
Needs Addressed Housing Program
Funding HOME: $500,000
Description The program will allow the Town to directly acquire housing units with the intent of rehabilitating them and bring them up to code and habitability standards. The Town will then resell the housing units to lowand moderate-income households.
Target Date 06/30/2026
Estimate the number
and type of families
that will benefit from
the proposed activities
Homeowner Housing Added: 2 Household Housing Units
Location Description Townwide
Planned Activities Personnel, Non-Personnel & Capital
Table 5 – Project Details
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: PRESENTATION OF THE DRAFT TOWN WIDE COMPLETE
STREETS ACTION PLAN
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Receive and file.
BACKGROUND
The Town applied for and was awarded a Safe Streets for All (SS4A) grant from the U.S.
Department of Transportation (DOT) to retain the services of an experienced and qualified consultant to develop a Town Wide Complete Streets Action Plan (Plan).
Subsequently, KTUA was awarded a Professional Services Agreement to perform the study and prepare the Plan. Per the grant agreement with the DOT, a draft study is to be presented to Council for review prior to adoption. Staff anticipates the final plan being presented for adoption at the July 8, 2025 Council meeting. Preliminary versions of the draft were reviewed by the Engineering Division and the Town Manager’s Office staff.
ANALYSIS
The Town Wide Complete Streets Action Plan is a comprehensive planning and outreach document that provides strategies to eliminate transportation barriers and increase equality and opportunity. Through a robust outreach effort, the Plan identified a list of long and short-term projects that provide multi-modal opportunities for residents in low-income areas by closing gaps that prevent access to sidewalk, bikeways, and transit stops.
Recommended projects will be incorporated into the Town's annual budget, and the Plan will be used as a first-look document when grant opportunities arise. Additionally, KTUA provided high-level conceptual designs for six (6) of the selected projects to ensure constructability which will, in turn, expedite the final design timeline of each project and make the projects more competitive when submitting for grants.
The project team connected with community, service, and faith-based groups who provide essential services to low-income residents. Each had the opportunity to provide feedback, express concerns, and recommend solutions. By including a diverse group of stakeholders, the team gained critical insight into safety concerns and barriers, resulting in a Plan that reflects the entire community.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Draft Plan available for review at Town Clerk’s Office.
Town Council Agenda Report
Date: May 13, 2025
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Town Manager Department
Submitted by: Thomas Rice, Town Attorney
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation under section 54956.9(d)(4): One Case
B CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor, Town Attorney, or designee Unrepresented employee: Town Manager
C PUBLIC EMPLOYEE APPOINTMENT
Title: Town Manager (discussion of process)