Apple Valley City Council
October 13, 2026

Exhibit H - 15 SHORT FORM CONSTRUCTION CONTRACT

3.12.9.1 Within sixty (60) Days, but no earlier than thirty (30) Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within fifteen (15) Days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) Days of the submittal, and shall be concluded within fifteen (15) Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town.

3.12.10.3 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 adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the Town.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

Exhibit H - 16 SHORT FORM CONSTRUCTION CONTRACT

3.12.11 Non-Waiver. Town’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Town. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Town may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the Town needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Town, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the Town.

3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Town’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against Town or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Town for the cost of any settlement paid by Town or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse Town and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the Town, its officials, employees, agents and authorized volunteers.

3.15 Insurance.

3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to

Exhibit H - 17 SHORT FORM CONSTRUCTION CONTRACT
commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor 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 Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the Town). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Town will be promptly reimbursed by Contractor or the Town may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Town may suspend or terminate this Contract.

3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Town to add the following provisions to the insurance policies:

Exhibit H - 18 SHORT FORM CONSTRUCTION CONTRACT

3.15.3.1 General Liability. (1) Such policy shall give the Town, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Town, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Town, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the Town, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Town, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Town, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the Town, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Town, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the Town be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the Town.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Town, its officials, employees, agents and volunteers.

3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit

Exhibit H - 19 SHORT FORM CONSTRUCTION CONTRACT
of not less than $1,000,000 per occurrence. This insurance shall name the Town, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the Town. Contractor shall guarantee that, at the option of the Town, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Town guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Town. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish Town with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Town. All certificates and endorsements must be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Town, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Town in writing.

3.15.11 Reporting of Claims. Contractor shall report to the Town, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by Town in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Town concurrently with this Contract a Payment Bond in an amount required by the Town and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Town.

3.16.2 Performance Bond. If specifically requested by Town in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Town concurrently with this Contract a Performance Bond in an amount required by the Town

Exhibit H - 20 SHORT FORM CONSTRUCTION CONTRACT
and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Town.

3.16.3 Bond Provisions. Should, in Town’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Town. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Town, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Town. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Town, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Town. If Contractor fails to furnish any required bond, the Town may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Town.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Town of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Town in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the Town may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Town, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Town by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Town. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Town, the Town shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole

Exhibit H - 21 SHORT FORM CONSTRUCTION CONTRACT
expense. Contractor shall be obligated to fully reimburse the Town for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies 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 subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by Town at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Town for any reason other than the fault of Contractor, Town shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Town may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Town’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, Town may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 General Provisions.

3.20.1 Town’s Representative. The Town hereby designates the Debbie Rivera, or his or her designee, to act as its representative for the performance of this Contract (“Town’s Representative”). Town’s Representative shall have the power to act on behalf of the Town for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Town’s Representative or his or her designee.

3.20.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall

Exhibit H - 22 SHORT FORM CONSTRUCTION CONTRACT
be subject to the review and approval of the Town (“′Contractor’s Representative”). Following approval by the Town, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Town, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Town, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Town’s written approval.

3.20.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Town, the matter shall be referred to Town’s Representative, whose decision shall be binding upon Contractor.

3.20.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Town all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Town tender final payment to Contractor, without further acknowledgment by the Parties.

3.20.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

AMTEK CONSTRUCITON
946 N. LEMON STREET
ORANGE, CA 92867
ATTN: ALAN SAYCE, PRESIDENT/CEO
TOWN:

TOWN OF APPLE VALLEY
14955 DALE EVANS PARKWAY
APPLE VALLEY, CALIFORNIA 92307
ATTN: TOWN ENGINEER
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

Exhibit H - 23 SHORT FORM CONSTRUCTION CONTRACT

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

3.20.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Town. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Town may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.20.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

3.20.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.20.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.20.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.20.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Town shall have the right to terminate this Contract without liability.

3.20.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Town shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Work.

Exhibit H - 24 SHORT FORM CONSTRUCTION CONTRACT

3.20.15 Certification of License.

3.20.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.20.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.20.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.20.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.20.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.20.19 Town’s Right to Employ Other Contractors. Town reserves right to employ other contractors in connection with this Project or other projects.

3.21 Fleet Compliance.

3.21.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). A Fleet Compliance Certification Form is attached hereto as Exhibit “G” and incorporated herein by this reference.

3.21.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Town.

3.21.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the Town, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Exhibit H - 25 SHORT FORM CONSTRUCTION CONTRACT

3.22 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “H” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.
[Signatures on Next Page]

Exhibit H - 26 SHORT FORM CONSTRUCTION CONTRACT

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE TOWN OF APPLE VALLEY

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

TOWN OF APPLE VALLEY
Approved:

By:

Guy Eisenbrey
Town Manager
ATTESTED:

By: _______________________________
Kiel Mangerino
Town Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
Town Attorney

AMTEK CONSTRUCTION
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number

REQUEST FOR PROPOSALS
FOR

TOWN OF APPLE VALLEY
FOR
Municipal Facilities LED Lighting Retrofit Project

TOWN OF APPLE VALLEY
14955 Dale Evans Pkwy
Apple Valley, California 92307
Telephone: (760) 240-7000
https://applevalley.org/

1 TOWN OF APPLE VALLEY
NOTICE INVITING PROPOSALS, RFP NO. FAC2026-08
Municipal Facilities LED Lighting Retrofit Project
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the Town of Apple Valley (“Town”) enclosed in a sealed envelope through the Town Clerk’s office, located at 14955 Dale Evans Parkway, Apple Valley, CA 92307, until 5:00 pm on September 14, 2026. Proposals must be received by the Town Clerk’s office prior to the deadline. Late proposals will not be accepted.

This RFP is a re-release of the Municipal Facilities LED Lighting Retrofit Project. The Town previously released the project under RFP No. FAC2026-03; however, no proposals were received. This re-release includes additional reference documents, including available as-built drawings, I-REN lighting inventory documents, and prior RFI clarifications, to provide contractors with additional information at the time of release.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The Town reserves the right to reject any or all proposals determined not to be in the best interest of the Town.

Labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the Town of Apple Valley upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

2 The Town is providing the following reference documents with this RFP to assist proposers in reviewing existing conditions and preparing proposals:

1. Available as-built drawings for the Development Services Building / Conference Center and Police Department.

2. Available as-built drawings for the Public Works / Corporate Yard.

3. I-REN Multi-Facility Lighting Scope.

4. Estimated Lighting Inventory — Development Services Building / Conference Center.

5. Estimated Lighting Inventory — Police Department.

6. Estimated Lighting Inventory — Public Works / Corporate Yard.

7. Consolidated prior RFI responses from the original RFP release, where applicable.

These documents are provided for reference only. Contractors remain responsible for field verification of all existing conditions, including fixture quantities, fixture types, mounting conditions, electrical conditions, controls, access requirements, and code compliance requirements.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the Town’s web site, https://applevalley.org/. Firms that anticipate submitting a proposal are required to send an email to the project manager acknowledging receipt of the RFP so that the Town can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. All addenda will be published on the Town’s website.

For more information regarding the RFP, please contact:

Town of Apple Valley Parks and Recreation Department
Kyle Woolley, Facilities Supervisor, [email protected]

3 TABLE OF CONTENTS
I. Background and Introduction .................................................. 4 II. Request for Proposals ............................................................. 4 A. Scope of Services ............................................................... 4 B. Town Contact for this RFP .................................................. 5 C. Requests for Clarification .................................................... 5 D. Pre-Proposal Meeting .......................................................... 5 E. Content and Format of Proposal .......................................... 6 F. No Deviations from the RFP ............................................... 10 G. Selection Process ............................................................... 10 H. Protests ............................................................................... 11 I. Proposal Schedule ................................................................ 12 J. Submittal Requirements ....................................................... 12 K. General Conditions .............................................................. 15 III. Exhibit A — Proposed Scope of Services .................... Exhibit A A. Project Overview ...................................................... Exhibit A B. Scope of Work .......................................................... Exhibit A IV. Exhibit B — Short Form Construction Contract ............ Exhibit B

4 TOWN OF APPLE VALLEY

REQUEST FOR PROPOSALS
Municipal Facilities LED Lighting Retrofit Services
I. BACKGROUND AND INTRODUCTION
The Town of Apple Valley (“Town”) is requesting proposals from qualified firms1 (“Proposers”) for Municipal Facilities LED Lighting Retrofit services (“Services”).

The Town of Apple Valley is a municipal agency located in San Bernardino County serving a growing population with a range of public services, including facilities, parks, and public safety infrastructure.

To serve and promote the welfare of its residents, the Town intends to procure the Services, as described below.

The Town has identified an opportunity to improve energy efficiency, reduce operating costs, and enhance lighting quality across multiple facilities. Through participation in the Inland Regional Energy Network (I-REN) Cash for Kilowatts program, the Town completed feasibility studies which identified lighting retrofits as a cost-effective improvement. The Town is seeking qualified contractors to implement these upgrades.

This RFP is being re-released following an initial solicitation that did not result in submitted proposals. To assist contractors in preparing complete and responsive proposals, the Town is including available as-built drawings, I-REN lighting inventory documents, facility-specific lighting information, and applicable prior RFI clarifications with this re-release.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between Town and the successful Proposer shall be set forth in the Short Form Construction Agreement (“Agreement”) executed by and between Town and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the Town of Apple Valley upon request. The successful bidder shall post a copy of 1 Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

5 the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Town Contact for this RFP
The principal contact for the Town regarding this RFP will be Kyle Woolley, Supervisor of Facilities Department, [email protected] or a designated representative, who will coordinate the assistance to be provided by the Town to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations, or requests for clarification, whether administrative or technical, must be submitted in writing through BidNet by the deadline identified in the Proposal Schedule. Oral statements regarding this RFP by any person shall not be binding on the Town unless confirmed in writing by formal addendum.

Responses to questions, if issued, will be provided to all prospective proposers through written addendum or formal clarification. Each proposer is responsible for ensuring it has reviewed all addenda, clarifications, supplemental information, and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting
Each proposer is required to attend a mandatory pre-proposal meeting and job walk to be held on August 28, 2026 at 10:00 am, beginning at the Development Services Building, 14975 Dale Evans Parkway, Apple Valley, CA, and continuing to the Police Department and Public Works / Corporate Yard, 13450 Nomwaket Road, Apple Valley, CA. Failure to attend the mandatory pre-proposal meeting and job walk will preclude a proposer from submitting a proposal.

Contractors shall review the RFP and all reference documents prior to the job walk.

Contractors shall verify existing lighting conditions, fixture quantities, fixture types, mounting conditions, controls, access requirements, and electrical conditions during the site walk. No additional compensation will be provided for discrepancies that should have been identified through review of the RFP documents and field verification prior to proposal submission.

E. Content and Format of Proposal

6 Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include three (3) hard copies and one (1) electronic pdf version on a CD or USB Drive enclosed in a sealed envelope. Proposals shall be organized, tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary:
a. Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents:

3. Identification of Proposer:
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources:
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the Town. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the Town.

7 b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability:
a. The Town may request evidence of fiscal stability from the apparent successful proposer prior to award. If requested, the proposer shall provide documentation demonstrating the proposer’s financial capacity to perform the work, which may include a commercial credit report, letter from a financial institution, audited financial statement, or other documentation acceptable to the Town.

6. Experience and Technical Competence:
a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience and technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/Town, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of Town.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services

8 (c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe it in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the Town, be deemed to indicate
an unsatisfactory record of performance.
c. Technical Competence

9 (i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Proposed Method to Accomplish the Work:
a. Describe the technical and management approach to providing the Services to the Town. Proposers shall include a description of their approach to verifying existing lighting conditions and quantities, as well as coordination with the Town to ensure compliance with I-REN program requirements. Proposer should take into account the scope of the Services, goals of the Town, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the Town’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal:
a. The proposer shall provide a lump sum, not-to-exceed fee proposal for the complete scope of services. The fee proposal shall clearly identify pricing by facility and scope category, including:
(i) Development Services Building / Conference Center interior lighting.
(ii) Police Department interior lighting and lighting controls. (iii) Public Works / Corporate Yard interior lighting.
(iv) Public Works / Corporate Yard exterior lighting identified in the RFP reference documents.
b. The fee proposal shall also include not-to-exceed unit pricing for common fixture and control types, including LED troffers/panels, recessed downlights, high bay fixtures, exterior lighting, retrofit lamps/kits, and lighting controls. Unit pricing may be used for quantity adjustments based on field verification and written approval by the Town.
c. The fee proposal shall include all labor, materials, equipment, supervision, disposal, recycling, closeout documentation, I-REN documentation support, permits, and all other costs necessary to provide a complete and compliant project.

10 9. Insurance:
a. See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

10. Litigation:
a. Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information:
a. This section shall contain all other pertinent information regarding the following:
b. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
c. Description of community involvement.
d. Description of any previous involvement with the Town. e. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

12. Certification of Proposal:
a. This section shall state: “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the Town in accordance with the (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices:

F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

G. Selection Process

1. The Town will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the Town.

11 c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by reference.
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) j. History of Litigation (Pass/Fail)

2. During the evaluation process, the Town reserves the right, where it may serve the Town's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the Town’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The Town reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the Town’s research and investigation. Upon selection of a Proposer, the Town will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the Town is unable to reach agreement, the Town will proceed, at its sole discretion, to negotiate with the next Proposer selected by the Town. The Town reserves the right to contract for services in the manner that most benefits the Town including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, Town staff will make the final recommendation to the Town Council concerning the proposed Agreement. The Town Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the Town no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with Town policy or this RFP is not in compliance with law. A protest must be filed in writing with the Town (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the Town as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

12 2. Town Review: The Town will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The Town shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the Town relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal August 24, 2026
Pre-Proposal Meeting Location: Development Services
Building, 14975 Dale Evans Parkway, Apple Valley, CA
Finishing at 13450 Nomwaket Rd. Apple Valley, CA
August 28, 2026, at
10:00am
Last Day to Submit Questions for Clarification
received by the Town before 2:00 pm
September 2, 2026
Clarifications Issued by Town before 5:00 pm September 8, 2026 Deadline for Receipt of Proposals
submitted on or before 5:00 pm
September 14, 2026
Evaluations of Proposals Completed September 15, 2026
Presentation of Selected Proposals September 16, 2026
Vendor Selection September 21, 2026
Town Council Approval October 13, 2026
Vendor Award October 14, 2026
Purchase Order Issue October 15, 2026
The above scheduled dates are tentative, and Town retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind Town to award a contract for the above-described professional Services and Town retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the Town to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed, and all requested data shall be supplied. The Town reserves the right to request additional information which, in the Town’s

13 opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to work and clarity of proposal.

3. Site Examination: Proposers may visit the Town and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by Town and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 7920.00 et seq.) until after either Town and the successful Proposer have completed negotiations and entered into an Agreement or Town has rejected all proposals. All correspondence with the Town including responses to this RFP shall become the exclusive property of the Town and shall become public records under the California Public Records Act. Furthermore, the Town shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Town may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the Town will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give Town written notice of Proposer's objection to the Town's release of Proprietary Information. Proposer 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.

14 Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

6. Submittal Instructions: Proposals shall be submitted enclosed in a sealed envelope via hand delivery or courier service to:

Town of Apple Valley
Attn: Town Clerk
14955 Dale Evans Parkway
Apple Valley, CA 92307
A total of three (3) identical hard copy proposals and one (1) electronic PDF version on USB flash drive must be submitted. The sealed envelope shall be clearly labeled:

Municipal Facilities LED Lighting Retrofit Project — RFP No. FAC2026-08 Proposals must be received by the Town Clerk before 5:00 pm on September 14, 2026.

Late proposals will not be accepted.

K. General Conditions

1. Federal Requirements: If the Services are funded through a federal funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C,” and incorporated herein by this reference.

2. Amendments to RFP: The Town reserves the right to amend the RFP and issue to all Proposers an addendum.

3. Amendments to Proposals: Unless specifically requested by the Town, no amendment, addendum or modification shall be accepted after a proposal has been submitted to Town. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

4. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

5. Costs for Preparing: The Town shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the Town. The Town will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

6. Cancellation of RFP: Town reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

15 7. Price Validity: Prices provided by Proposers in response to this RFP are valid for 90 days from the proposal due date. The Town intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

8. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the Town to award a contract. Town expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

9. Right to Negotiate and/or Reject Proposals: Town reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of Town, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and Town intends to negotiate only with the Proposer(s) whose proposal most closely meets Town’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets Town’s requirements.

10. Non-Discrimination: The Town does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: August 24, 2026

Exhibit A
III. EXHIBIT A

PROPOSED SCOPE OF SERVICES
The Contractor shall provide all labor, materials, equipment, supervision, and services necessary to complete the LED lighting retrofit project at multiple Town of Apple Valley facilities, including but not limited to the Development Services Building, Apple Valley Police Department, and Public Works Corporate Yard.

A. Project Overview
The project consists of replacing existing lighting systems with energy-efficient LED fixtures in accordance with the I-REN Cash for Kilowatts program requirements and the findings of the project feasibility studies.

Facility General Scope
Development Services Building/
Conference Center
Interior lighting identified in the RFP reference
documents and I-REN lighting inventory.

Police Department Interior lighting and lighting controls identified in the RFP reference documents and I-REN lighting inventory.

Public Works/Corporate Yard Interior lighting and exterior lighting identified in the RFP reference documents and I-REN lighting inventory.

Exterior lighting at the Development Services Building and Police Department is not intended to be included unless specifically identified by this RFP or written addendum. Public Works / Corporate Yard exterior lighting is included where identified in the RFP reference documents and I-REN lighting inventory.

B. Scope of Work
The Contractor shall perform all work necessary to complete the lighting retrofit project, including but not limited to:

1. Field Verification:
a. Verify existing lighting conditions, fixture types, fixture quantities, mounting conditions, ceiling conditions, controls, voltage, electrical conditions, access requirements, and replacement requirements at all project sites.
b. Identify any discrepancies between the RFP reference documents, I-REN lighting inventory documents, available as-built drawings, and actual field conditions.

Exhibit A
c. Existing LED fixtures, LED lamps, or prior retrofit work are not automatically excluded from the project. Contractors shall field verify existing conditions and include any fixtures, lamps, controls, or retrofit components that do not meet the RFP requirements, IREN requirements, applicable product listing requirements, code requirements, energy savings assumptions, or project performance intent.
d. For bidding purposes, contractors shall assume that all lighting identified within the project scope and I-REN lighting inventory documents shall be replaced, retrofitted, or otherwise addressed to meet the project requirements unless otherwise approved by the Town.

2. Removal and Disposal:
a. Remove and legally dispose of or recycle existing fixtures, lamps, ballasts, drivers, retrofit components, and related materials removed as part of the project.
b. Contractor shall handle, transport, recycle, and dispose of all removed materials in accordance with applicable federal, state, and local requirements, including requirements for fluorescent lamps, ballasts, mercury-containing lamps, electronic waste, and other regulated materials.
c. Contractor shall provide disposal, recycling, or hazardous waste documentation upon request by the Town.
d. Contractor shall protect existing facilities during removal activities and shall repair any damage caused by Contractor operations at no additional cost to the Town.

3. Installation of LED Fixtures:
a. Furnish and install new LED fixtures, lamps, drivers, retrofit kits, and related components as required to provide a complete, functional, code-compliant, and I-REN-compliant lighting retrofit.
b. Proposed products shall meet or exceed the RFP requirements, IREN requirements, applicable product listing requirements, energy savings assumptions, and project performance intent.
c. Final fixture selections, retrofit kits, lamps, drivers, and controls shall be submitted to the Town for review and written approval prior to installation.

Exhibit A

4. Minimum Performance Requirements:
a. All proposed lighting equipment shall meet or exceed the following minimum performance criteria unless otherwise approved in writing by the Town.
b. DLC or DLC Premium listed where applicable.
c. EnergyStar listed where applicable for recessed downlights or applicable lamp/fixture categories.
d. Minimum efficacy of 120 lumens per watt for interior fixtures where applicable.
e. Minimum efficacy of 130 lumens per watt for high bay and exterior fixtures where applicable.
f. Color Rendering Index (CRI) of 80 or greater.
g. Correlated Color Temperature (CCT) of approximately 4000K unless otherwise approved by the Town.
h. Products shall meet or exceed the energy savings assumptions identified in the I-REN documents.
i. Products shall comply with applicable Title 24, electrical code, product listing, and safety requirements.

5. Lighting Controls:
a. The Contractor shall furnish and install lighting controls as required to provide a complete, functional, compatible, code-compliant, and I-REN-compliant installation.
b. Existing lighting controls may remain only where they are functional, compatible with the proposed lighting system, and compliant with applicable code requirements.
c. The Contractor shall field verify all existing controls and include any required control replacement, adjustment, programming,
commissioning, or upgrades necessary for compatibility, functionality, I-REN requirements, Title 24 compliance, and code compliance.
d. The Town does not represent that all existing lighting controls are operational, compatible, or suitable for reuse.

6. Electrical Work:

Exhibit A
a. Modify existing electrical systems as required to accommodate new LED fixtures.
b. Ensure all work complies with applicable codes and standards.

7. Testing and Commissioning
a. Test all installed fixtures and controls to ensure proper operation. b. Perform system commissioning and provide documentation confirming functionality.

8. Coordination with I-REN:
a. Coordinate with the Inland Regional Energy Network (I-REN) to ensure compliance with program requirements.
b. Support measurement and verification (M&V) activities as required.

9. Project Management:
a. Provide project scheduling, coordination with Town staff, and regular progress updates.
b. Minimize disruption to Town operations during installation. c. All facilities are expected to remain operational during construction.

Contractor shall coordinate all work with Town staff to minimize disruption to Town operations.
d. Work at the Police Department may require additional coordination, restricted access, escorts, background/security procedures, and scheduling around public safety operations.
e. Contractor shall include in its proposal any anticipated after-hours, weekend, or phased work needed to complete the project with minimal disruption.

10. Closeout Documentation:
a. Provide as-built documentation, including fixture schedules and locations.
b. Submit product data, warranties, and operation manuals.

11. I-REN Closeout Documentation:
a. Contractor shall provide all documentation required to support IREN program incentive processing, including but not limited to detailed invoices, product specifications, and installation records.

Exhibit A
b. Contractor shall complete and submit project documentation using the I-REN Cash for Kilowatts Contractor Invoice Cover Sheet (or equivalent format approved by the Town). All required
documentation shall be submitted in a timely manner to support project closeout and incentive verification.

12. Unit Pricing Requirements:
a. The Contractor shall provide not-to-exceed unit pricing for common fixture types, including but not limited to LED panels, downlights, high bay fixtures, and exterior lighting. Unit pricing shall be used to adjust quantities based on field verification.

13. Permits and Compliance:
a. The Contractor shall obtain all required permits and shall comply with all applicable federal, state, and local laws, including prevailing wage requirements and DIR registration.

14. Warranty:
a. All installed equipment shall include a minimum five (5) year manufacturer warranty. The Contractor shall warrant workmanship for a minimum of one (1) year.

15. General Requirements
a. All work shall be coordinated with the Town to ensure minimal disruption to operations.
b. Work areas shall be kept clean and safe at all times. c. Contractor shall be responsible for protection of existing facilities and restoration of any damaged areas.
d. Cubicle task lights are not included in the project scope unless specifically identified otherwise by the Town.

1 SHORT FORM CONSTRUCTION CONTRACT
IV. EXHIBIT B
A. TOWN OF APPLE VALLEY SHORT FORM CONSTRUCTION CONTRACT

TOWN OF APPLE VALLEY

SHORT FORM CONSTRUCTION CONTRACT
[***DRAFT***]
PARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] 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 [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). Town and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

RECITALS.

Town. Town is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Town on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing [***INSERT DESCRIPTION OF PROJECT WORK***] related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Town. The following license classifications are required for this Project: [***INSERT LICENSE CLASSIFICATIONS***] Project. Town desires to engage Contractor to render such services for the [***INSERT PROJECT NAME***] (“Project”) as set forth in this Contract.

Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, [***INSERT APPLICABLE PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS] as required by the Contract.

TERMS
Compensation and Payment.

Amount of Compensation. As consideration for performance of the Work required herein, Town agrees to pay Contractor the Total Contract Price of [INSERT WRITTEN DOLLAR AMOUNT]Dollars ($[INSERT NUMERICAL DOLLAR AMOUNT]_.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Town.

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Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Town will arrange for payment of the Total Contract Price upon completion and approval by Town of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Town will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Town an itemized application for payment in the format supplied by the Town indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Town may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

Contractor may be required to furnish a detailed schedule of values upon request of the Town and in such detail and form as the Town shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

Prompt Payment. Town shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the Town, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

Other Retentions. In addition to Contract retentions, the Town may deduct from each progress payment an amount necessary to protect Town from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Town in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Town during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Town, incurred by the Town for which Contractor is liable under the Contract; and (11) any other sums which the Town is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Town to deduct any of these sums from a progress payment shall not constitute a waiver of the Town’s right to such sums.

Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the Town to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Town, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the Town, which provides that no

8 SHORT FORM CONSTRUCTION CONTRACT
portion of the securities shall be paid to Contractor until the Town has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The Town shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Town at the time of payment. To the extent that title has not previously been vested in the Town by reason of payments, full title shall pass to the Town at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Town, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

Labor and Material Releases. Contractor shall furnish Town with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Town.

Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: [***INSERT ADDITIONAL DOCUMENT OR REMOVE DOCUMENT LISTED IF NOT APPLICABLE TO THIS CONTRACT] Services/Schedule (Exhibit “A”)
Plans and Specifications (Exhibit “B”)
Special Conditions (Exhibit “C”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) Public Works Contractor Registration Certification (Exhibit “E”) Payment and Performance Bonds (Exhibit “F”)
California Air Resources Board – Fleet Compliance Certification (Exhibit “G”) Federal Requirements (Exhibit “H”)Addenda
Change Orders executed by the Town
Standard Specifications Notice Inviting Bids, if any
Instructions to Bidders, if any
Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

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For the purposes of this Contract, “Standard Specifications” means that portion of the Contract consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work as outlined in Exhibit “B”. For the purposes of these Contract, the Standard Specifications shall include the: [***INSERT SPECIFICATIONS***]. [***FOR EXAMPLE, GREENBOOK OR CALTRANS STANDARDS***] Notwithstanding the foregoing, Sections 1-9 of the State of California Department of Transportation Standard Specifications are specifically excluded from incorporation into these Contract. Additionally, Sections 1-8 of the of the Standard Specifications for Public Works Construction (the “Greenbook”) are also specifically excluded from incorporation into these Contract. The Work shall be done in accordance with the Standard Specifications as defined in this Section, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Standard Specifications and the Contract, the Contract shall prevail.

Contractor’s Basic Obligation; Scope of Work.

Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.

Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Town.

Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the Town. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The Town’s liability to Contractor for delays for which the Town is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the Town for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

10 SHORT FORM CONSTRUCTION CONTRACT
Changes Ordered By Town. Town may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the Town may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Town may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The Town has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Town in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Town’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings

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made pursuant to Public Contract Code section 3400.

Period of Performance and Liquidated Damages.

Contractor shall perform and complete all Work under this Contract within [***INSERT NUMBER OF CALENDAR OR WORKING DAYS***] days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Town. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Town will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Town as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] ($[INSERT NUMERICAL DOLLAR AMOUNT_) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

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 occurring at the project site; (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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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 the Town in its capacity as a municipal authority.

Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a Town Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the Town, any work

12 SHORT FORM CONSTRUCTION CONTRACT
necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Town to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Town, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

Control and Payment of Subordinates; Contractual Relationship. Town retains Contractor on an independent contractor basis and Contractor is not an employee of Town. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor 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, and workers’ compensation insurance.

Town’s Basic Obligation. Town agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Town shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

Labor.

Prevailing Wages. Contractor 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.

Since the Work is 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 one thousand ($1,000) dollars or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Town shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

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Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Town, forfeit not more than one hundred dollars ($100.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Town.

Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents

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free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

Performance of Work; Jobsite Obligations.

Water Quality Management and Compliance.

Water Quality Management and Compliance. Contractor 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 Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage Town, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Town and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, Town may seek damages from Contractor for any delay in completing the Work in

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accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

Reservation of Right to Defend. Town reserves the right to defend any enforcement action brought against the Town for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Town for the costs (including the Town’s attorney’s fees) associated with, any settlement reached between the Town and the relevant enforcement entity.

Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Town, regarding the requirements of the laws, regulations and policies described in paragraph

3.10.1 as they may relate to the Work provided under this Contract. Upon request, Town will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Town in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Town, Contractor shall be solely responsible for all costs arising therefrom. Town is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold Town, its officials, directors, officers, employees and agents free and

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harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

Permits and Licenses. Contractor shall be responsible for securing Town permits and licenses necessary to perform the Work described herein, including, but not limited to, a Town Business License. While Contractor will not be charged a fee for any Town permits, Contractor shall pay the Town’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Town’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Town of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Town; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Town shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Town shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Town to provide for removal or relocation of such utility facilities.

Air Quality. Contractor 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 California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify Town against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

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State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money– will be allowed as to such matters.

Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the Town immediately and prior to performing any work or altering the condition.

Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Town in writing and shall furnish all labor and material releases required by this Contract. Town shall thereupon inspect the Work. If the Work is not acceptable to the Town, the Town shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the Town. Once the Work is acceptable to Town, Town shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Town may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

Claims; Government Code Claim Compliance.

Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of three hundred seventy-five thousand dollars ($375,000) or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the Town, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Town. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or

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in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Town and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

Supporting Documentation. The Contractor shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost, including calculations and supporting documents Time impact analysis in CPM format
Town’s Response. Upon receipt of a Claim pursuant to this Section, Town shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the Town issues its written statement.

If Town needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, Town shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the forty-five (45)-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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Within 30 days of receipt of a Claim, Town may request in writing additional documentation supporting the Claim or relating to defenses or claims Town may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Town and the Contractor. Town’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than fifty thousand dollars ($50,000), within fifteen (15) Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

Meet and Confer. If the Contractor disputes Town’s written response, or Town fails to respond within the time prescribed, the Contractor may so notify Town, in writing, within 15 Days of receipt of Town’s response or the Town’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, Town shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

Mediation. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, Town shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) Days after Town issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with Town and the Contractor sharing the associated costs equally. Town and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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

Unless otherwise agreed to by Town and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written

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Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of three hundred seventy-five thousand dollars ($375,000) or less:

Within sixty (60) Days, but no earlier than thirty (30) Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within fifteen (15) Days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) Days of the submittal, and shall be concluded within fifteen (15) Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Government Code Claim Procedures.

This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the Town.

A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever

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occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

Non-Waiver. Town’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Town. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Town may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the Town needs to provide Contractor with only one (1) day advanced written notice.

Indemnification.

Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Town, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the Town.

Additional Indemnity Obligations. Contractor shall defend, with counsel of Town’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against Town or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Town for the cost of any settlement paid by Town or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse Town and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the Town, its officials, employees, agents and authorized volunteers.

Insurance. [***DRAFT***]

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Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor 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 Contract for cause.

Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the Town). Policies shall not contain exclusions contrary to this Contract.

Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Town will be promptly reimbursed by Contractor or the Town may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Town may suspend or terminate this Contract.

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Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Town to add the following provisions to the insurance policies:

General Liability. (1) Such policy shall give the Town, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Town, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Town, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

Automobile Liability. (1) Such policy shall give the Town, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Town, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Town, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Town, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Town, its officials, employees, agents and volunteers.

Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the Town be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the Town.

Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Town, its officials, employees, agents and volunteers.

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Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the Town, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. Contractor shall guarantee that, at the option of the Town, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the Town, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Town guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Town. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

Verification of Coverage. Contractor shall furnish Town with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Town. All certificates and endorsements must be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.

Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Town, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Town in writing.

Reporting of Claims. Contractor shall report to the Town, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

Bond Requirements.

Payment Bond. If required by law or otherwise specifically requested by Town in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Town concurrently with this Contract a Payment Bond in an amount required by the Town and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Town.

Performance Bond. If specifically requested by Town in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Town

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concurrently with this Contract a Performance Bond in an amount required by the Town and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Town.

Bond Provisions. Should, in Town’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Town. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Town, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Town. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Town, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Town. If Contractor fails to furnish any required bond, the Town may terminate the Contract for cause.

Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a Californiaadmitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Town.

Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Town of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Town in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the Town may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Town, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Town by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Town. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Town, the Town shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole

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expense. Contractor shall be obligated to fully reimburse the Town for any expenses incurred hereunder upon demand.

Employee/Labor Certifications.

Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

Verification of Employment Eligibility. By executing this Contract, Contractor verifies 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 subcontractors and sub-subcontractors to comply with the same.

Termination. This Contract may be terminated by Town at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Town for any reason other than the fault of Contractor, Town shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Town may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Town’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, Town may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

General Provisions.

Town’s Representative. The Town hereby designates the [***INSERT NAME], or his or her designee, to act as its representative for the performance of this Contract (“Town’s Representative”). Town’s Representative shall have the power to act on behalf of the Town for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Town’s Representative or his or her designee.

Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be

27 SHORT FORM CONSTRUCTION CONTRACT
subject to the review and approval of the Town (“′Contractor’s Representative”). Following approval by the Town, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Town, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Town, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Town’s written approval.

Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Town, the matter shall be referred to Town’s Representative, whose decision shall be binding upon Contractor.

Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Town all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Town tender final payment to Contractor, without further acknowledgment by the Parties.

Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
ATTN: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
TOWN:

TOWN OF APPLE VALLEY
14955 DALE EVANS PARKWAY
APPLE VALLEY, CALIFORNIA 92307
ATTN: TOWN ENGINEER
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

28 SHORT FORM CONSTRUCTION CONTRACT
Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Town. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Town may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Town shall have the right to terminate this Contract without liability.

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

Certification of License.

29 SHORT FORM CONSTRUCTION CONTRACT
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

Town’s Right to Employ Other Contractors. Town reserves right to employ other contractors in connection with this Project or other projects.

Fleet Compliance.

To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). A Fleet Compliance Certification Form is attached hereto as Exhibit “G” and incorporated herein by this reference.

Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Town.

Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the Town, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

Exhibit A - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “A”

SERVICES / SCHEDULE
[INSERT SCOPE OF SERVICES]

Exhibit B - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “B”

PLANS AND SPECIFICATIONS
[INSERT ALL PLANS AND SPECS]

Exhibit C - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “C”

SPECIAL CONDITIONS
[***(READ AND DELETE THIS BLOCK BEFORE USING MODEL): PUBLIC WORKS PROJECTS OF MORE THAN $25,000 WILL REQUIRE PAYMENT BONDS BY LAW. WHERE A PAYMENT

BOND IS REQUIRED, WE RECOMMEND REQUIRING A PERFORMANCE BOND AS WELL - INSERT FOLLOWING IF PAYMENT AND/OR PERFORMANCE BONDS REQUIRED – OTHERWISE DELETE AND RENUMBER***]
A. BONDS
Concurrently with this Contract, the Contractor shall deliver to the Town four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Town and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Town. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. [***INSERT ADDITIONAL SPECIAL CONDITIONS USING ABOVE FORMAT***] [***IN ADDITION TO THE ABOVE INSTRUCTIONS, THE FOLLOWING SPECIAL

CONDITIONS ARE TYPICALLY USED BY THE TOWN, PLEASE REVIEW THESE

CONDITIONS CAREFULLY TO MAKE SURE THAT THEY ARE APPLICABLE TO EACH INDIVIDUAL PROJECT***]
B. THE REQUIREMENTS: All work embraced herein shall be accomplished in accordance with the applicable portions of the “Standard Specifications for Public Works Construction,” latest edition, and all subsequent supplements herein referred to as “Standard Specifications,” except as modified by these Special Provisions and the Project Plans.

In addition to the above, the Contractor shall comply with the requirements of the following:
(a) Notice Inviting Sealed Bids
(b) Instructions to Bidders
(c) Proposal
(d) Bid Bond
(e) Information Required of Bidders
(f) Contract
(g) Faithful Performance Bond
(h) Labor and Material Bond
C. DEFINITION OF TERMS: Wherever in the "Standard Specifications" terms are used, they shall be understood to mean and refer to the following:

Agency & Owner - Town of Apple Valley
Board - Town Council, Town of Apple Valley
Engineer - The Town Engineer, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Exhibit C - 2 SHORT FORM CONSTRUCTION CONTRACT
Notice to Contractors - Notice Inviting Sealed Bids
D. PROJECT PLANS: The location of the work, its general nature, extent, form and detail of the various features are listed as a part of these specifications.

E. SCOPE OF WORK: Provide necessary labor, equipment, and materials to construct a concrete transit bus pad, concrete curb, concrete sidewalk, relocate existing bus shelter, and associated work in accordance with the project plans, standard specifications, special provisions, and as directed by the Town Engineer.

F. NOTICE TO PROCEED: Upon award of this contract and signing the contract documents, the Town shall issue the Contractor a Notice to Proceed.

The work on this project shall commence within 10 calendar days of the Notice to Proceed and be completed within 30 working days. Working days will be counted from the date of the Notice to Proceed. Working days are defined as any day that Town offices are open for business.

The Town will not authorize any work to be done under these specifications before the contract agreement has been fully executed; and any work that is done by the contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection by not having been done in the presence of an Engineer or Inspector as provided in Section 2-10 of the Standard Specifications.

In the event that the Town Engineer shall be of the opinion that the work is being inadequately or improperly executed in any respect, the Town Engineer may demand that the Contractor improve or change the execution of the work in such manner as to assure proper and timely completion.

G. UTILITIES: It is anticipated that the existing utilities will not interfere with the Contractor's construction operations, other than those noted on the improvement plans. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during operations. When in doubt, the Contractor shall contact the utility concerned before proceeding further.

H. NOTIFICATION: The Contractor shall give written and reasonable notice to occupants or owners of property adjacent to the construction site at least forty-eight (48) hours prior to the beginning of construction in their respective areas. The notification shall include the date and time of construction activities, parking and traffic access information and requirements, and precautionary information regarding the work to be done. A copy of all notifications shall be submitted to the Town Engineer for approval.

At least four (4) working days in advance of street closures, all emergency services, public transportation services, garbage collections services, and school bus services shall be notified by the Contractor in writing of the locations, time and date of the closure. In case of schedule changes, the emergency services, etc., shall be notified by telephone at least two (2) days in advance of the street closure.

I. ACCESS TO DRIVEWAYS: The Contractor shall notify in writing residents of property adjoining the location of the work at least forty-eight (48) hours before the start of construction on that street.

The Contractor is responsible for posting "temporary no-parking" signs at least forty-eight (48)

Exhibit C - 3 SHORT FORM CONSTRUCTION CONTRACT
hours before using the parking lane for construction purposes. In the case of work requiring excavation of the roadway which may interfere with the use of businesses driveways, suitable provisions shall be made by the Contractor at such time as the exigencies of construction may demand a temporary blocking of said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance.

Further, the Contractor shall provide access to each residential or commercial establishment each evening.

J. STREET CLOSURES: No closure of any street shall be allowed unless prior written permission is obtained from the Town Engineer. If permission to close a street is granted then the Contractor is required to notify in writing at least four working days in advance, all emergency services, public transportation services, garbage collection services, and school bus services of the location, time and date of the closure.

K. CONFERENCE: The Contractor shall arrange a pre-construction meeting with the Town Engineer which shall be held a minimum of five (5) working days prior to commencement of any work. The Contractor shall have equipment available for inspection by the Town Engineer at the time of the pre-construction meeting.

L. PUBLIC CONVENIENCE AND SAFETY:
a) Attention is directed to Part 6 of the Standard Specifications and Part 6 of the California Manual on Uniform Traffic Control Devices (CA MUTCD), published by the California Department of Transportation.
b) WARNING AND PROTECTION DEVICES: The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers and flagmen where needed, and other necessary facilities in the vicinity of the construction area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Contractor will not be allowed to proceed with the work until such time that a sufficient number of these protection devices have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the Contractor will supply and post at no less than two-hundred (200) foot intervals on each side of the street "Temporary No Parking" signs twenty-four (24) hours before the start of construction and to report the time of posting to the Town's Police Department for the purpose of establishing "Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon the completion of the work.

Should the Contractor appear neglectful or negligent in furnishing warning and protection devices as outlined above, the Town Engineer may direct attention to the existence of a hazard and the necessity of additional or different measures which shall be furnished and installed by the Contractor at its own expense, free of any cost to the Town. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Town Engineer may direct Town forces to provide the necessary protective and warning devices as deemed appropriate by the Town Engineer.

The cost accrued by the Town in connection therewith will be deducted from the Contractor's contract payment. Any action or inaction on the part of the Town in directing attention to the inadequacy of warning and protective measures or in providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices.

Exhibit C - 4 SHORT FORM CONSTRUCTION CONTRACT
The Contractor shall submit its work schedule and traffic control plans to the Town Engineer for approval at the pre-construction conference. This schedule shall allow residents, on the streets to be improved, ample "on street" parking within an eight-hundred (800) foot distance from their homes.

M. SANITARY CONVENIENCE: Necessary sanitary facilities for the use of workers on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor.

N. CONSTRUCTION YARD: It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Town Engineer.

When storage sites are to be located upon private property, the Contractor shall be required to submit to the Town Engineer, written approval from the record owner authorizing the use of the property by the Contractor.

O. CONSTRUCTION METHODS:

General Requirements:
(a) Utilities - The Contractor shall contact the affected utility companies for information regarding identification, location, and depth of underground utilities. (b) Existing Surveying Monuments - The Contractor’s Licensed Land Surveyor or pre-1982 Civil Engineer shall reference and protect all centerline monuments within the project limits. The survey monuments shall not be disturbed unless required by the construction of the proposed improvements. The Contractor shall coordinate the removal of any survey monuments with the Town Engineer. The re-establishing of the survey monuments once the construction has been completed will be the responsibility of the Contractor. All documentation with regard to referencing all affected monuments shall be submitted to the Town prior to commencement of construction and all documentation with regard to the re-establishing of all monuments shall be submitted to the Town prior to final approval of the project.
(c) Preservation of Property - Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In like manner any building, structure, tree, shrub, landscaping, or other item designated for preservation on the property where demolition and removal are being performed shall be similarly protected and preserved.
(d) Dust Control - The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by operations, and failure to control such dust shall be cause for the Engineer to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the Town for any loss of time or expense sustained by him due to such suspension of work. (e) Selected Materials - Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for

Exhibit C - 5 SHORT FORM CONSTRUCTION CONTRACT
excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation. (f) Surplus Materials - The Contractor shall provide written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor.
(g) Furnishing and Applying Water - Furnishing and applying water shall be considered as included in the bid price paid for the various contract items of work requiring such water and no additional compensation will be made.
(h) Compaction Testing: – The expense of the initial testing shall be borne by the Town. The expense of any re-testing required by the Town, if the initial compaction does not meet the required specifications shall be borne by the Contractor. All other material testing shall be borne by the Contractor.
(i) Construction Methods - Provide necessary labor, equipment, and materials to construct a concrete transit bus pad, concrete curb, concrete sidewalk, relocate existing bus shelter, and associated work in accordance with the project plans, standard specifications, special provisions, and as directed by the Town Engineer.
(j) Measurement and Payment - The Cost of all work as described above in (a) through (i) shall be included in the contract unit prices bid for the various items of work requiring such work, and no additional compensation will be allowed.

Exhibit D - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

1. [***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

Exhibit E - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.2
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:
2 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

Exhibit F - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
[***IF NO BOND REQUIREMENTS ARE REQUIRED, REMOVE BONDS AND INSERT “NOT APPLICABLE”]

Exhibit F - 2 SHORT FORM CONSTRUCTION CONTRACT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Town of Apple Valley (hereinafter referred to as “Town”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Town in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Town, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Town, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Town from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Town’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the Town to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Town’s option:

Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Town, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously paid by the Town to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Town to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously paid by the Town to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Town may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Town, when declaring the Contractor in default, notifies Surety of the Town’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

Exhibit F - 4 SHORT FORM CONSTRUCTION CONTRACT
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

Exhibit F - 6 SHORT FORM CONSTRUCTION CONTRACT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Town of Apple Valley (hereinafter designated as the “Town”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Town in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by Town in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining

Exhibit F - 7 SHORT FORM CONSTRUCTION CONTRACT
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Town and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Exhibit F - 8 SHORT FORM CONSTRUCTION CONTRACT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

Exhibit G - 1 SHORT FORM CONSTRUCTION CONTRACT
EXHIBIT “G”

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________

Exhibit B
EXHIBIT “H”

FEDERAL REQUIREMENTS

NOT APPLICABLE

Town Council Agenda Report
Date: October 13, 2026
To: Honorable Mayor and Town Council
Subject: ACCEPT GRANT AWARD FROM THE MOJAVE DESERT AIR

QUALITY MANAGEMENT DISTRICT

From: Guy Eisenbrey, Town Manager
Submitted by: Debbie Rivera, Director of Community Services Parks and Recreation Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
It is recommended that the Town Council:

A. Approve the Grant Agreement between the Mojave Desert Air Quality Management District (MDAQMD) and the Town of Apple Valley for the installation of four Level 2 electric vehicle charging ports for public access at 14975 Dale Evans Parkway;
B. Authorize the Town Manager, or designee, to execute the Grant Agreement and any documents necessary to implement the grant, subject to approval as to form by the Town Attorney and approval as to content by the Town Manager; and C. Accept grant funding in an amount not to exceed $277,559 from MDAQMD through the Carl Moyer Program for the project.

BACKGROUND
The Town of Apple Valley submitted an application to MDAQMD requesting funding to install electric vehicle charging infrastructure. MDAQMD staff evaluated the Town’s application and determined that the proposed project complies with the applicable funding program guidelines. The MDAQMD Governing Board subsequently approved the project for funding, subject to the Town executing the Grant Agreement and fulfilling its associated terms and conditions.

Under the Grant Agreement, the Town will purchase and install four Level 2 electric vehicle charging ports for public access at 14975 Dale Evans Parkway. The agreement anticipates average monthly usage of approximately 1,834 kilowatt-hours and 50 charging sessions during the first three years of the Project Implementation Period.

The project is subject to the requirements of the Carl Moyer Program, MDAQMD EV Charging Stations Program Guidelines, and the terms of the Grant Agreement. The agreement requires the Town to complete the project and satisfy specified documentation, inspection, reporting, maintenance, and operational requirements before receiving reimbursement.

The Project Completion Date identified in the agreement is October 31, 2027, and the Project Implementation Period is three years.

ANALYSIS
The Town has been awarded up to $277,559 through the Carl Moyer Program, administered by the Mojave Desert Air Quality Management District, for the installation of four Level 2 electric vehicle charging ports at 14975 Dale Evans Parkway.

Grant funding will be provided on a reimbursement basis upon completion of the following project milestones:

1. Equipment Purchase – Reimbursement of up to 85% of eligible equipment costs.

2. Equipment Installation – Reimbursement of up to 85% of eligible installation costs not previously reimbursed.

3. MDAQMD Post-Inspection – Reimbursement of the remaining grant balance, subject to eligible project costs and approval of the post-inspection.

The project must be completed by October 31, 2027. Acceptance of the grant will allow the Town to proceed with the project and utilize available grant funding to offset eligible project costs.

The estimated total project cost is $371,499, with the Grant Agreement identifying $0 in estimated co-funding. Any project costs not eligible for reimbursement under the grant will be the responsibility of the Town.

VISION ALIGNMENT
The Electric Vehicle Charging Infrastructure Project supports the Town’s vision for a safe, sustainable, efficient, and fiscally responsible community by investing in alternative-fuel infrastructure that supports cleaner transportation and reduces air pollution.

The installation of publicly accessible Level 2 electric vehicle charging stations will expand the availability of electric vehicle infrastructure within the Town and support the use of cleaner transportation technologies. The project also allows the Town to leverage outside grant funding for a capital improvement that supports long-term environmental and community objectives.

FISCAL IMPACT
The recommended actions have no immediate fiscal impact. Acceptance of the grant does not require a current appropriation or expenditure of Town funds. Any future costs associated with construction and implementation of the project will be funded through Apple Valley Choice Energy (AVCE) funds previously budgeted for eligible capital projects in Fund 5810, subject to the Town’s applicable budgeting and approval processes.

ATTACHMENTS
Attachment A – MDAQMD Carl Moyer Program Grant Agreement Attachment B – Exhibit A, Scope of Services
Attachment C – Exhibit B, Contract Term and Payment for Services Rendered Attachment D – Exhibit C, Monitoring Report Format

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 1

GRANT AGREEMENT
MDAQMD Contract Year: 2026
Contract Number: MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center
Board Item: 06
Grant Description: Alternative Fuels infrastructure project funded by the Carl Moyer Program

PARTIES
A. This GRANT AGREEMENT (hereinafter “Agreement”) is between the Mojave Desert Air Quality Management District (hereinafter “MDAQMD”) and Town of Apple Valley, (hereinafter “GRANTEE”). MDAQMD and GRANTEE are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties.” B. The State of California, acting by and through the California Air Resources Board (CARB), is recognized as a third-party beneficiary to this Agreement.

Witnesseth:

WHEREAS, the purpose of the Carl Moyer Program is to reduce emissions by providing grants for the incremental cost of cleaner than required heavy-duty vehicles, engines and equipment; and
WHEREAS, the California Air Resources Board (CARB) as the original source of the monies used to fund this grant, will be able to audit and enforce this Agreement pursuant to the terms of the underlying funding Program Guidelines; and WHEREAS, the MDAQMD is authorized to award grant funds to alternative fuels infrastructures projects that reduce air pollution pursuant to the specific Program Guidelines; and WHEREAS, GRANTEE submitted an application requesting funding to install electric vehicle/equipment charging stations as described in the attached Exhibit(s) (hereinafter also referred to as “Project”); and
WHEREAS, District staff has evaluated GRANTEE’s Grant Application and has determined that the Application and Proposed Project complies with the funding Program Guidelines and shall meet the funding program requirements for the full term of this Agreement (also referred to as “Project Implementation Period”; and WHEREAS, on that basis the MDAQMD Governing Board has approved GRANTEE’s Project for funding in accordance with the terms of this Agreement; and WHEREAS, funding of this Project is contingent upon successful completion of GRANTEE signing this Grant Agreement and fulfilling the grant terms and conditions; and WHEREAS, GRANTEE is qualified and experienced in its professional field and is able to perform the activities described in the Grant Proposal submitted by GRANTEE and the attached “Exhibit(s).”
The Parties agree as follows:

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 2 Grant Terms and Conditions

1. Project
GRANTEE will perform all activities and work necessary to implement and complete the Project set forth in the proposal which is incorporated herein as Exhibit A. GRANTEE agrees to furnish all labor, materials, equipment, licenses, permits, fees, and other incidentals necessary to perform and complete, per schedule, in a professional manner, the services described herein. GRANTEE represents that GRANTEE has the expertise necessary to adequately perform the Project specified in Exhibit(s).

In the event of any conflict between or among the terms and conditions of this Agreement, the exhibits incorporated herein, and the documents referred to and incorporated herein, such conflict will be resolved by giving precedence in the following order of priority:

1. The text of this Agreement;

2. Exhibit(s)

3. The MDAQMD EV Charging Stations Program Guidelines; and

4. Carl Moyer Program Guidelines

Unless stricter terms compliance requirements are defined by Items 1 through 3 in the list above, then the Project must comply with the requirements established in Item 4.

2. Services
a) GRANTEE agrees, during the term of this Agreement, to perform the contracting services set forth below and in Exhibit A – Scope of Services.
b) GRANTEE shall be obligated to devote as much time, attention, skill, and effort as may be reasonably required to perform the Project services, in a professional and timely manner, consistent with the elements of the Project.

3. Terms/Timetable
a) The term of this contract shall begin on the last date signed by the Parties below and conclude on or before the end dates listed in Exhibit(s) – Contract Term and Payment for Services Rendered, unless terminated or amended.
b) This contract may be canceled by either Party upon serving thirty (30) days’ notice in writing to the other Party.

4. Equipment Requirements
a) Installation - GRANTEE warrants that the installation of the grant‐funded equipment will be performed in a manner consistent with the manufacturer’s specifications and such that it does not void the warranty(ies) provided by the manufacturer of the grant‐funded equipment.

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 3 b) Maintenance - GRANTEE will maintain the grant‐funded equipment per the manufacturer’s written specifications and will conduct all routine maintenance and repair as needed. All components replaced as part of routine maintenance and/or repair must comply with the original installed grant‐funded equipment configuration and manufacturer’s specifications. GRANTEE will make maintenance logs for the grant‐ funded equipment available for MDAQMD review upon request by the MDAQMD. c) Operation - GRANTEE must operate the grant‐funded equipment per the manufacturer’s written specifications.
d) Modification- GRANTEE shall not modify the operational performance of the grant funded equipment without prior written agreement with the MDAQMD. e) Promotional Decals - If requested to do so by MDAQMD, GRANTEE agrees to display promotional decals, provided by MDAQMD, on the grant‐funded equipment.

5. Performance
Through the Project Implementation terms (defined in Exhibit A) of this Agreement or any amendments to it, GRANTEE will operate and maintain the grant‐funded equipment. If the grant‐funded equipment is publicly accessible GRANTEE will ensure that it is available for public use 24 hours per day, 7 days per week; will maintain a 95% successful charging rate; and will provide on‐site customer service via a toll‐free telephone number, 24 hours per day, 7 days per week.

If the GRANTEE cannot meet the Project Implementation terms, the Participant must notify the District in writing with justification explaining why the Project Implementation terms cannot be met. GRANTEE agrees to amend the Agreement as necessary, if requested by the District, to ensure the Project is completed in a timely manner. GRANTEE understands that even with written justification; the District does not guarantee an amendment will be made to the Agreement to adjust Project Implementation terms.

In the event that GRANTEE is required to make a repayment of grant funds pursuant to any provision of this Agreement, the repayment amount shall be equal to the total amount specified in Paragraph 8 (“Compensation”), below (or the actual grant funding amount, if less), less an amount equal to the ratio of the number of months that the grant‐funded equipment was operated since the Project Completion, to the specified Project Implementation term, in months (specified in Exhibit A), times the actual grant funding amount. This amount is also described in the following repayment equation:

Grant Repayment Amount = A – (( B / C ) * A)
Where:

A = Actual grant funding amount
B = Number of months that the grant‐funded equipment was operated since the Project Completion; and
C = Total number of months in the Project Implementation term

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 4

6. Notices
a) Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered, sent via email to Project contact or to [email protected] with confirmed receipt, or deposited in the mail, postage prepaid, sent certified or registered and addressed to the Parties as follows:

MDAQMD:

Mojave Desert Air Quality Management District
Attn: Air Pollution Control Officer (APCO)
14306 Park Ave
Victorville, CA 92392
GRANTEE:

Town of Apple Valley
Attn: Guy Eisenbrey
14955 Dale Evans Parkway
Apple Valley, California 92307
Email: [email protected]
b) Any notice so delivered personally shall be deemed to be received on the date of delivery, any notice so delivered via email with confirmed receipt shall be deemed to be received on the date of receipt confirmation, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.

7. Record Keeping and Reporting
a) Records- GRANTEE will keep, and provide to MDAQMD and CARB, upon request, accurate financial records (including invoices and published price lists on which Agreement was based) necessary to enable the review of GRANTEE's performance of this Agreement. These records must demonstrate that the grant funding has been used for the purchase of equipment and/or provision of services as described in Exhibit A to this Agreement. GRANTEE will maintain all such records for at least three (3) years from the expiration of the term of this Agreement.
b) Reports- GRANTEE will submit report(s) to the MDAQMD in accordance with the schedule and format specified in Exhibit(s) to this Agreement. To ensure accurate usage reporting, GRANTEE is required to maintain equipment (fuel or energy meter) necessary to determine usage.
c) GRANTEE must document usage during a failure of such equipment and provide the MDAQMD with that documentation with the Annual Usage Report.

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 5

8. Compensation
The total obligation of MDAQMD under this Agreement will not exceed the amount listed in Exhibit(s). The award amount if applicable will not exceed 85% of all eligible actual Project expenses.
a) Payments- Only expenditures incurred by GRANTEE in the direct performance of this Agreement can be reimbursed by MDAQMD. GRANTEE shall bill MDAQMD upon Project Completion Date and after all the conditions for funding outlined in this Agreement are met. If the Project funded under this AGREEMENT is performed in phases or over a period of time, then requests can be made by the GRANTEE for partial payment. Partial requests for payments must be received prior authorization by MDAQMD. GRANTEE agrees to provide a detailed invoice to MDAQMD with copies of purchase orders, signed contracts, or receipts referencing the contract number. MDAQMD retains the right to require proof of services performed or costs incurred prior to any payment under this Agreement. b) Payments by MDAQMD to GRANTEE for any services detailed in Exhibit(s) will be processed only after said services have been satisfactorily rendered, and after a written request and claim from GRANTEE for such payment has been received by MDAQMD. Said written request will set forth the work completed in the claim period and must include copies of any and all invoices or financial records needed to verify that stated costs have been incurred by GRANTEE. Claims and all supporting documentation must be submitted to the Mojave Desert Air Quality Management District, Attn: Grants Section, 14306 Park Ave, Victorville, California 92392, or via email to [email protected]. MDAQMD will pay GRANTEE within (30) calendar days after receiving a request for payment and verifying that services have been satisfactorily completed as detailed in Exhibit(s) and cited in the invoice. c) Surplus Funds- Any part or all of a payment by MDAQMD to GRANTEE, which is not utilized for any reason by GRANTEE to pay costs pursuant to the terms and conditions of this Agreement and as detailed in a claim by GRANTEE, must be refunded by GRANTEE to MDAQMD within (30) days after the end of the Project Completion term as defined in Exhibit(s) to this Agreement. d) Close-Out Period- All final claims for repayment must be submitted by GRANTEE to MDAQMD within (60) days following Project Completion Date as specified in Exhibit(s) which payment is claimed. No action will be taken by MDAQMD on claims submitted beyond the 60‐day close‐out period.
e) Source of Funds- By signing this Agreement, GRANTEE affirms that they have disclosed to MDAQMD all funding sources for the Project proposed in Exhibit(s) to this Agreement, whether potential (funding applied for but not received) or actual (funding received); and that GRANTEE will notify the MDAQMD of any additional sources of funding received for the Project, including any sources that become available after execution of this Agreement. If the Project is co‐funded with another air district, CARB, any other public agency or any other source of public funds, GRANTEE understands and agrees that they must comply with all rules and criteria

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 6 associated with each funding source used, that the sum of Project funding from all sources may not exceed the total Project cost, and that unless the GRANTEE is a public agency, no less than (15%) of the eligible expenses for the grant‐funded equipment must be provided by non‐public sources.

9. Availability of Funds
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant does not appropriate sufficient funds for the program, this Grant shall be of no further force and effect. In this event, the Parties shall have no liability to pay any funds whatsoever to GRANTEE or any Grant Recipient or to furnish any other considerations under this Grant and GRANTEE shall not be obligated to perform any provisions of this Grant.

10. Non-Allocation of Funds
The terms of this Agreement and the services to be provided there under are contingent on the approval and appropriation of funds by the MDAQMD Board and receipt of funds from the funding source. Should sufficient funds not be allocated or received, the services provided may be modified or this Agreement may be terminated at any time by MDAQMD after giving GRANTEE (30) days’ notice in writing

11. Funding Prohibitions for Sectarian Purposes and Non-Public Schools Funds provided under this Agreement shall not be used for sectarian purposes, including but not limited to religious instruction, worship, or the promotion of any religious doctrine.

Additionally, no funds shall be allocated to support non-public schools, except as permitted by applicable law. The CONTRACTOR shall ensure that all expenditures comply with federal and state regulations prohibiting the use of public funds for religious or private educational institutions.

12. Insurance Requirements
In order to accomplish the indemnification herein provided for, GRANTEE shall procure and maintain, throughout the term of the Agreement replacement value insurance coverage to ensure complete repair or replacement in the event of major damage to the equipment.

GRANTEE will also maintain insurance as required by law or regulation the following types of insurance as may apply to GRANTEE’s operations and handling of the new equipment:
(1) Workers’ compensation insurance in amounts to satisfy applicable state laws; (2) Employer’s liability insurance in the amount of $1,000,000; (3) Automobile liability insurance in the amount of $1,000,000 per occurrence; (4) General commercial liability insurance for bodily injury, death or loss of or damage to property of third persons in the minimum amount of $1,000,000 per occurrence and in the aggregate.

Such insurance policies shall name MDAQMD, its officers, agents, employees, individually and collectively, as additional insured (except workers’ compensation insurance), for purposes

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 7 of the matter covered under this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, agents, employees, individually and collectively. Such coverage for additional insured shall apply as primary insurance, and any other insurance maintained by MDAQMD, its officers, agents, and employees, shall be excess only and not contributing with insurance provided under GRANTEE’s policies herein.

The GRANTEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any failure to comply with any of the provisions or policies including breach of warranties shall not affect coverage provided to the District, its officers, agents, employees, individually and collectively.

GRANTEE will not cancel required insurance policies without thirty (30) day prior written notice.

Prior to the commencement of performing its obligations under this Agreement, GRANTEE shall provide to MDAQMD appropriate certificates from its insurance carrier or carriers stating that such insurance coverages have been obtained and are in full force; that MDAQMD, its officers, agents and employees will not be responsible for any premiums on the policies; that such insurance names MDAQMD, its officers, agents, and employees, individually and collectively, as additional insureds and stating policy number, dates of expiration, limits of liability thereunder, and special endorsements (except workers’ compensation insurance), for purposes of the matter covered under this Agreement; that such coverage for additional insured shall apply as primary insurance and any other insurance maintained by MDAQMD, its officer, agents, and employees, shall be excess only and not contributing with insurance provided under GRANTEE’s policies herein.

All insurance certificates must be sent to MDAQMD, by email to [email protected] or by mail to 14306 Park Avenue, Victorville, CA 92392.

13. Facilities, Equipment and Other Materials
Except as set forth herein, GRANTEE shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement. MDAQMD shall furnish GRANTEE only those facilities, equipment, and other materials, and shall perform only those obligations as listed herein.

14. Independent Contractor
In performance of the work, duties, and obligations assumed by GRANTEE under this Agreement, it is mutually understood and agreed that GRANTEE, including any and all of GRANTEE's officers, agents, and employees, will at all times be acting and performing as an independent contractor and will act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of MDAQMD. Furthermore, except for requirements specifically stated in this Agreement, MDAQMD will have no right to control, supervise or direct the manner or method by which GRANTEE will perform its work and function. MDAQMD retains the right to administer this Agreement to verify that GRANTEE is performing its obligations in accordance with the terms and conditions thereof. GRANTEE and MDAQMD must comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof, including but not limited to rules and regulations of the CARB and the MDAQMD.

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 8 GRANTEE warrants that they are currently in compliance with all federal, state and local air quality rules and regulations and that they have no outstanding, unresolved or unpaid Notices of Violation or citations for violations of any such rules and regulations, and that they will maintain compliance with such rules and regulations for the entire term of this Agreement.

Because of its status as an independent contractor, GRANTEE has absolutely no right to employment rights and benefits available to MDAQMD employees. GRANTEE is solely liable and responsible for providing to, or on behalf of, itself all legally required employee benefits. GRANTEE is solely responsible and holds MDAQMD harmless from all matters relating to payment of GRANTEE's employees, including compliance with social security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, GRANTEE may be providing services to others unrelated to MDAQMD or to this Agreement.

15. Non-Discrimination
GRANTEE shall not discriminate in its employment practices because of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sex, sexual preference, or in contravention of any other protected classification or practice identified in the California Fair Employment and Housing Act; Government Code section 12900 et seq.

16. Termination
a. Breach of Agreement- MDAQMD may immediately suspend or terminate this Agreement, in whole or in part, if GRANTEE breaches any of the provisions herein, including but not limited to:

1. An illegal or improper use of funds;

2. A failure to comply with any term of this Agreement;

3. A substantially incorrect or incomplete report submitted to MDAQMD;

4. Improperly performed services; or

5. GRANTEE breaches any requirements of the Program Guidelines.

In no event will any payment by MDAQMD constitute a waiver by MDAQMD, CARB or their designee(s) of any breach of this Agreement or any default which may then exist on the part of GRANTEE, nor will such payment impair or prejudice any remedy available to MDAQMD, CARB or their designee(s) with respect to the breach or default.

MDAQMD, CARB or their designee(s) has the right to demand of GRANTEE the repayment to MDAQMD of any funds disbursed to GRANTEE under this Agreement which in the judgment of MDAQMD, CARB or their designee(s) were not expended in accordance with the terms of this Agreement. GRANTEE must promptly refund any such funds upon demand. In addition to immediate suspension or termination, MDAQMD, the CARB or their designee(s) may impose any other remedies available at law, in equity, or otherwise specified in this Agreement. b. Without Cause - MDAQMD, CARB or their designee(s) may terminate this Agreement at any time after giving the other Party at least (30) days advance written notice of intention to terminate. In such case, GRANTEE will be paid the reasonable value of

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 9 all services, if any, satisfactorily rendered and actual, reasonable costs incurred up to the time of the termination. Upon such termination, all the work, if any, produced by GRANTEE must be promptly delivered to MDAQMD. Additional terms and conditions may apply in the event of termination by GRANTEE.

17. Political Activity Prohibited
None of the funds, materials, property, or services provided under this Agreement shall be used for any political activity, or to further the election or defeat of any candidate for public office contrary to federal or state laws, statutes, regulations, rules, or guidelines.

18. Lobbying Prohibited
None of the funds provided under this Agreement shall be used for publicity, lobbying, or propaganda purposes designed to support or defeat legislation before the Congress of the United States of America or the Legislature of the State of California.

19. Conflict of Interest
No officer, employee or agent of MDAQMD who exercises any function or responsibility for planning and carrying out the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. GRANTEE shall comply with all federal, state and local conflict of interest laws, statutes, and regulations.

20. Indemnification
GRANTEE agrees to indemnify, defend and hold harmless MDAQMD, State of California, CARB and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from GRANTEE’s acts, errors or omissions in performing services pursuant to this Agreement. GRANTEE agrees to indemnify, defend, and hold harmless MDAQMD, its authorized agents, officers, volunteers and employees against any and all losses sustained due to the use of the new equipment pursuant to this Agreement. MDAQMD agrees to indemnify, defend and hold harmless GRANTEE and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from MDAQMD’s acts, errors or omissions in performing services pursuant to this Agreement.

21. Title to Equipment
Title to and risk of loss of equipment purchased with funds received through this Agreement will, at all times, vest in and with GRANTEE. GRANTEE acknowledges that MDAQMD did not supply, design or manufacture the equipment or any of its components. This equipment is commercially manufactured and sold by a manufacturer to be determined by GRANTEE.

MDAQMD specifically disclaims all warranties, express and implied, including the implied warranties of merchantability and fitness for the intended purpose, as to the purchased equipment, any test equipment or field tests. In no event will MDAQMD be liable to GRANTEE or any third Party for any direct, indirect, consequential, special, incidental, or punitive damages for the design, manufacture, operation, maintenance, performance, or

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 10 demonstration of the purchased equipment under any theory, including but not limited to, tort, contract, breach of warranty, or strict liability.

22. Economic Sanctions
GRANTEE agrees to comply with existing economic sanctions imposed by the U.S.

Government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law.

23. Independent Status
a) GRANTEE shall perform this contract as an independent contractor and not as an employee of MDAQMD. GRANTEE acknowledges that GRANTEE is not entitled to any of MDAQMD’s fringe benefits, including without limitation; paid holidays, life insurance, sick leave, or travel or any other expenses in connection with services performed hereunder. No part of the compensation payable to GRANTEE hereunder shall be deducted or withheld for payment of Federal or State income or other employment related taxes. It shall be the responsibility of GRANTEE to provide all coverage necessary for GRANTEE’s own benefit and not as an employee of MDAQMD. b) Except as MDAQMD may specify in writing, GRANTEE shall have no authority, express or implied, to act on behalf of MDAQMD in any capacity whatsoever as an agent.

GRANTEE shall have no authority, express or implied, pursuant to this Agreement to bind MDAQMD to any obligation whatsoever.

24. Warranties
GRANTEE warrants that its services are performed, with the usual thoroughness and competence; in accordance with the standard for professional services at the time those services are rendered.

25. Licenses, Permits, Etc.

GRANTEE represents and warrants to MDAQMD that it has or will obtain before initiation of the Project, all licenses, permits, qualifications, and approvals of whatever nature, which are legally required for GRANTEE to practice its profession. GRANTEE represents and warrants to MDAQMD that GRANTEE shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for GRANTEE to practice its profession at the time the services are performed.

26. Assignment or Transfer
GRANTEE may assign any of its rights, burdens, duties, or obligations under this Agreement only upon the prior written consent of MDAQMD. Approval will be at the sole discretion of MDAQMD.

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 11

27. Modification of Agreement
This Agreement cannot be changed or supplemented orally, and may be modified or superseded only by written instrument executed by all Parties.

28. Waiver
One or more waivers by one Party of any major or minor breach or default of any provision, term, condition, or covenant of this Agreement shall not operate as a waiver of any subsequent breach or default.

29. Entirety of Agreement
This Agreement constitutes the entire agreement and understanding between the Parties. There are no oral understandings, terms, or conditions, and no Party has relied upon any representation, express or implied, not contained in this Agreement. Any prior understandings, terms, or conditions are deemed merged into this Agreement. This Agreement is intended as the complete and exclusive statement of the Parties’ agreement pursuant to Code of Civil Procedure section 1856.

30. Rights to Emission Reductions
Projects funded via the Carl Moyer Program cannot generate Emission Reduction Credits (ERCs) pursuant to MDAQMD Regulation XIV or be used for offsets pursuant to Regulation XIII. In addition, average banking and trading credits cannot be claimed.

31. Severability
In the event that any word, phrase, clause, sentence, paragraph, section, article or provision contained in this Agreement is held to be unenforceable for any reason by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement, and the Agreement shall then be construed as if such unenforceable provisions are not a part hereof.

32. Prevailing Wages and Labor Compliance
GRANTEE agrees to be bound by all applicable provisions related to public works projects, including but not limited to, California Labor Code Sections 1720‐1861 regarding the regulation of employment conditions and prevailing wages for public works projects. In addition, if any subcontract entered into as a result of this Agreement qualifies as a public works contract as defined in California Civil Code section 8038 or Public Contract Code section 1101, Participant agrees to comply with any applicable bond requirements pursuant to California Civil Code section 9550 et.seq. GRANTEE agrees to act at all time in conformity with all applicable local, state and federal laws, including, without limitation, all applicable federal and state labor laws.

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 12

33. Forge Majeure
Neither MDAQMD or GRANTEE are liable for nor will be deemed to be in default for any delay or failure in performance under this Grant Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, government declaration of emergency, national or State declared pandemics, lockouts, labor disputes, fire, flood, earthquakes, or other physical natural disasters. If either Party intends to invoke this clause to excuse or delay performance, the Party invoking the clause must provide written notice to the other Party immediately, but no later than within fifteen (15) calendar days of when the force majeure event occurs and reasons that the force majeure event is preventing that Party from or delaying that Party in performing its obligations under this Grant.

34. Duplicate Execution
This Agreement may be executed in duplicate. Each signed copy shall have the force and effect of an original.

35. Declination Clause
The Mojave Desert Air Quality Management District (MDAQMD) does not discriminate on the basis of race, national origin, ethnic group identification, ancestry, religion, age, sex, sexual orientation, gender identity, gender expression, color, genetic information, medical condition, or mental or physical disability, or any other attribute or belief protected by law in administration of its programs or activities, and MDAQMD does not intimidate or retaliate against any individual or group because they have exercised their rights to participate in action protected by or oppose actions prohibited by 40 C.F.R. Parts 5 and 7, or for the purpose of interfering with such rights.

36. Governing Law
This Agreement shall be interpreted under the laws of the State of California. Venue for any action arising out of this Agreement shall only be in San Bernardino County, California.

This Agreement was entered into in Victorville, California.

37. Attorney’s Fees
In the event any action is filed in connection with the enforcement or interpretation of this Contract, each Party shall bear its own attorneys’ fees and costs.

38. Citizenship and Alien Status
a) GRANTEE warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (PL. 99-603).
b) GRANTEE shall indemnify, defend, and hold harmless MDAQMD, its officers and employees from employer sanctions and other liability which may be assessed against

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 13 GRANTEE or MDAQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract.

39. Office of Foreign Assets Control (OFAC) Compliance
GRANTEE certifies that no transactions involve the property or interests in property of an entity or individual listed on the OFAC targeted lists. OFAC publishes lists of targeted individuals, groups, and entities, which can be found at https://home.treasury.gov/policyissues/office-of-foreign-assets-control-sanctions-programs-and-information. Refer also to the U.S. Department of the Treasury website: https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions. The property and interests in property of an entity that is 50 percent or more owned by one or more persons whose property and interests in property are blocked pursuant to any part of 31 C.F.R. chapter V are also blocked, regardless of whether the entity itself is listed. GRANTEE shall comply with all applicable OFAC and regulations and sanctions programs. If GRANTEE identifies that are in violation of the sanctions, GRANTEE must notify MDAQMD/Parties within 15 calendar days. Any violation of this provision shall be grounds for immediate termination of this Agreement.

40. Personality Identifiable Information (PII) Protection GRANTEE agrees to comply with all applicable federal, state, and local laws regarding the collection, use, and protection of Personally Identifiable Information (PII). GRANTEE shall implement appropriate measures to safeguard PII from unauthorized access, use, or disclosure, and shall ensure that any PII collected in connection with this Agreement is only used for the purposes specified herein. In the event of a data breach involving PII, GRANTEE shall promptly notify MDAQMD in accordance with applicable law and take all necessary steps to mitigate the breach.

41. GenAI Use and Reporting
a) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.) b) During the Term of the Grant Agreement, GRANTEE must immediately notify MDAQMD in writing, if they are aware of any work performed under this Grant Agreement that:
ib) Will provide GenAI technology as a deliverable to CARB; or, iib)Utilizes GenAI, including GenAI from third Parties, to complete all or a portion of any deliverable that materially impacts:
(1) Functionality of a State system;
(2) Risk to the State; or,
(3) Performance under this Grant Agreement.

For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2.
c) If MDAQMD or GRANTEE are using GenAI to perform work under this Grant Agreement, MDAQMD and GRANTEE shall:

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 14 ic) Allow CARB to augment the GenAI training data with CARB data; iic) Track and disclose the quality of the GenAI training data used, and generated data, for any GenAI in relation to this Grant Agreement, using suitable metrics and methods to measure the accuracy, relevance, and bias of the data over time; iiic) Share such metrics and methods, as well as the underlying data and output, with CARB upon request by CARB or at periodic intervals as may be agreed by the Parties;
ivc) Provide CARB reasonable access to the GenAI security logs, latency statistics, and other related GenAI security data that affect this Grant Agreement and generated data, at no cost to CARB;
vc) Allow CARB to audit, review, or investigate the quality of the GenAI Training Data at any time, subject to reasonable notice and the confidentiality obligations; vic) Ensure that all generated data that materially impacts deliverables created pursuant to the Grant Agreement contains a digital watermark or other digital identification that clearly identifies that the generated data was created by GenAI; and,
viic) Comply with all other applicable laws, regulations, and guidelines concerning the identification of generated data, including but not limited to the California AI Transparency Act (Bus. & Prof. Code §§ 22757 et seq).
d) Failure to comply with the terms of this section to constitute a material breach of the Grant Agreement. CARB/MDAQMD is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the Grant Agreement pursuant to the terms stated herein.

42. Audits and Inspections
a. Availability for Inspections- For the term of this Agreement plus three (3) years, GRANTEE will at any time during regular business hours, and as often as MDAQMD, and CARB or their designee(s) may deem necessary, make available to and permit said agencies to inspect and audit the grant‐funded equipment and/or GRANTEE’s records necessary to determine GRANTEE's compliance with the terms of this Agreement during the Project Implementation Period.
b. Photographs- GRANTEE understands that auditors and inspectors may be required to take photographs/videos to document equipment during Project inspections or audits.

GRANTEE grants the MDAQMD and CARB or their designee(s) the irrevocable and unrestricted right to photograph the grant funded equipment, and to use and publish photos/videos for incentive program awareness efforts, editorials and similar purposes without compensation or restrictions. MDAQMD may request GRANTEE to be a subject in photos and/or videos with the grant‐funded equipment. As the subject of these photos and/or videos, GRANTEE hereby grants the MDAQMD, CARB or their designee(s) the same irrevocable and unrestricted rights as stated in the previous paragraph, unless GRANTEE notifies MDAQMD in writing, prior to the creation of such photos and/or videos, that they do not wish to be a subject in the photos and/or videos. c. GRANTEE agrees to return to MDAQMD, upon termination of this Agreement, all documents, drawings, photographs, and other written or graphic material, however produced, received from MDAQMD and used by GRANTEE in the performance of its services. All work papers, drawings, internal memoranda, graphics, photographs, and any written or graphic material, however produced, prepared by GRANTEE in connection with

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 15 its performance of services hereunder shall be, and shall remain after termination of this Agreement, the property of MDAQMD and may be used by MDAQMD for any purpose whatsoever. MDAQMD agrees that any future use of documents produced by the GRANTEE under the terms of this contract shall be at the sole discretion of MDAQMD and GRANTEE shall bear no liability for the decisions on whether and how to use such documents.
d. Audits- GRANTEE agrees that MDAQMD, CARB or their designee(s) have the right to review and copy any records and supporting documents pertaining to the performance of this Grant Agreement and all state or local grant funds received, including but not limited to usage and maintenance logs for the grant funded equipment, programmatic records, fiscal records, and supporting documentation, and the right to interview any employees who might reasonably be believed to have information related to such records or documentation. GRANTEE agrees to make said records, documents, and employees available to auditors during normal business hours for the term of this Agreement plus (3) years. If, after audit, the auditors determine that funds provided to GRANTEE pursuant to this Agreement were not spent in conformance with this Agreement or any other applicable provisions of law, GRANTEE agrees to immediately reimburse to MDAQMD all funds determined to have been spent not in said conformance.
e. Records Retention- GRANTEE will retain all records and data for activities performed under this Agreement for at least (3) years from the expiration of the term of this Agreement, or (3) years from the date of final payment under this Agreement or until all state and federal audits are completed for that fiscal year, whichever is later. f. Authority to Enforce-GRANTEE understands and agrees that CARB, as a third‐Party beneficiary to this Agreement, has the authority and reserves the right to monitor and enforce the terms of this Agreement at any time during the term of this Agreement. The MDAQMD, and CARB or their designee(s) may seek whatever legal, equitable and other remedies are available under State law for GRANTEE’s failure to comply with the Program Guidelines or failure to fully perform under this Agreement.

43. Confidentiality
The Parties acknowledge that information disclosed under this Agreement may be subject to public disclosure laws, including the California Public Records Act (California Government Code Section 7920.000 et seq.),While proprietary, sensitive, or legally protected information will be handled in accordance with applicable laws, neither Party shall disclose non-public information received under this Agreement that has been designated by the other Party as confidential without prior written approval of the other Party, except as required by law. If either Party is required by law to disclose any such information, it shall promptly notify the other Party prior to disclosure, unless prohibited by law.

44. Exhibits
All Exhibit(s) referred to herein and attached hereto are fully incorporated by this reference.

45. Changes in Scope of Work
Changes or amendments to the Project application as it exists at the time the Governing Board makes the grant award and/or Scope of Work contained in this Agreement, including any increase or decrease in the amount of program funds awarded, and changes in the terms

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 16 of this Agreement, shall be mutually agreed upon in writing by and between MDAQMD and GRANTEE, and shall only be effective by duly-executed written amendments to this Agreement.

46. Electronic Signatures
An Electronic Signature refers to any representation in electronic form used to express intent, including a typed name placed in a signatory area, a digitized image or copy of a handwritten signature, a scanned signature on a PDF document, a biometric mark, a sound, or a digital signature. An Electronic Signature provides who signed, what was signed, captures intent and consent. If the Parties agree to a transaction by electronic means and are required by law to provide, send, or deliver information in writing, the requirement is satisfied if the information is provided, sent, or delivered in an electronic record, which the recipient can retain at the time of receipt.

By the action of applying an Electronic Signature to this Agreement, the Parties to the Agreement are certifying their willingness to use electronic signatures and records delivered via electronic means. A signed copy of this Agreement, or any other related ancillary agreement or amendment, transmitted by facsimile, email, electronic signature application, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signature.

The Parties so agree.

Town of Apple Valley:

Date:

Guy Eisenbrey
Town Manager
Mojave Desert Air Quality Management District:

Date:

Brad Poiriez
Air Pollution Control Officer

Contract # MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center

Project Contact Information (subject to change):

GRANTEE:

Town of Apple Valley
14955 Dale Evans Parkway,
Apple Valley, CA 92307
760.240.7000 Ext. 7548
Email: [email protected]
MDAQMD:

Grants Section
Mojave Desert Air Quality Management District
14306 Park Ave,
Victorville, CA 92392
760.245.1661
Email: [email protected]

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 1

EXHIBIT A

SCOPE OF SERVICES
Project Scope:

Town of Apple Valley will purchase and install four (4) level 2 electric charging ports for publicaccess.

Project Location:

Address: 14975 Dale Evans Pkwy, Apple Valley, 92307
Coordinates: 34.52545, -117.21440
Usage:

Usage of the Electric Vehicle charging station is anticipated to consist of an estimated monthly average usage of 1,834 kWh, and 50 charging sessions. GRANTEE shall make every possible effort to meet this usage goal, for the first 3 years of Project Implementation Period stated in Exhibit B.

I. To be Completed Prior to Funding and Prior to Project Completion End Date Prior to funding and prior to the close of the Project Completion End Date, as outlined in Exhibit B, the GRANTEE shall meet the following conditions:

A. Purchase and install electric vehicle charging station as described above, and as outlined in GRANTEE's Carl Moyer Program grant application and associated quotes. If, after execution of this Agreement, GRANTEE wishes to amend/modify Project scope, from what was herein described, GRANTEE shall submit a request to MDAQMD as soon as possible to seek approval to do so. Changes to Project scope and description may only occur with MDAQMD written permission. Additional Project costs from such changes, or costs not eligible for funding shall be borne by the GRANTEE.

B. Battery charging station installations which are available to the public must be reported to the Department of Energy Alternative Fuel Data Center located at:
http://www.afdc.energy.gov/locator/stations/.

C. GRANTEE (or its representative) shall provide to MDAQMD:
1) Copies of invoices relative to the purchase of equipment and services funded under this Agreement.
2) Proof and terms of financing, including lender and amount financed (if applicable). 3) Warranty and its terms for installed equipment.
4) Original invoice to MDAQMD, for the amount of requested grant funds for reimbursement. Note that the invoice cannot be paid until all of the requirements for funding have been completed. MDAQMD may require GRANTEE to re-submit the invoice if payment requirements have not been met in the current MDAQMD fiscal year (7/1 through 6/30).
5) GRANTEE shall provide documentation identifying that they have obtained all applicable land use permits from agencies needed to install and operate the stations. 6) Certification from the GRANTEE that all funding sources that they have applied for

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 2 or received for the Project have been disclosed, and that the GRANTEE will notify MDAQMD of additional sources of funding received for the total cost of the Project, including any sources that become available after contract execution, prior to Project funding. GRANTEE is prohibited from receiving grants and other funds that exceed the total Project amount.
7) An AB 841 Certification Statement that certifies the Project complied with all AB 841 (2020) requirements or describes why the AB 841 requirements do not apply to the Project. The certification shall be signed by the GRANTEE’s authorized representative.

If AB 841 requirements apply, the Certification Statement will include the Electric Vehicle Infrastructure Training Program (EVITP) Certification Number of each EVITP certified electrician that installed electric vehicle charging infrastructure or equipment. 8) GRANTEE agrees to provide a comprehensive status progress report every six (6) months until the Project is fully operational, starting from the date of signing this Agreement. This update shall include detailed information on the milestones achieved, challenges encountered, and any adjustments made to the initial plan. The progress report will be submitted in writing to the MDAQMD and must demonstrate the GRANTEE’s ongoing commitment to fulfilling the objectives outlined in this Agreement to ensure the Project is implemented in a timely manner. Failure to provide these updates may result in a review of the award terms and potential consequences stipulated in this contract, such as rescinding the grant award and allocating it to other eligible Projects.

D. Visibly display at each charging station that funding was made available by MDAQMD.

Any graphics used for this purpose need to be approved in advance by MDAQMD staff.

E. Have a post inspection conducted by MDAQMD staff in order to verify Project completion and operation as outlined in this Agreement and the GRANTEE’s grant application.

F. A determination by MDAQMD that the Project and all associated documentation have satisfied the requirements for reimbursement.

G. Charger must be certified by a Nationally Recognized Testing Laboratory (e.g., Underwriter’s Laboratories, Intertek) located at:
https://www.osha.gov/dts/otpca/nrtl/nrtllist.html
II. To Be Completed During Project Implementation Period During the Project Implementation Period, the GRANTEE shall complete the following reporting and recordkeeping requirements. The Project Implementation Period refers to the timeframe between the MDAQMD Approved Post-Inspection date and the Contract End Date:

A. GRANTEE shall keep records in order to satisfy the requirements of the Annual Monitoring Report, as outlined in Exhibit C of this Agreement. Such records shall include quantity of fuel/electricity used at each station, number and type of users, and any downtime encountered, including duration and cause of downtime.

B. GRANTEE shall provide MDAQMD Annual Monitoring Reports as described in Exhibit C. The first annual monitoring report shall be submitted no later than eighteen (18) months after Project post-inspection and continuing annually thereafter throughout the Project Implementation Time Frame of this Agreement. At a minimum, noncompliance with the reporting requirements will require an on-site inspection(s). At the sole discretion of MDAQMD, ten (10) percent of the awarded grant amount, as outlined in Exhibit B, may

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 3 be withheld pending the submittal and approval of the first Annual Monitoring Report as outlined in Exhibit C – Monitoring Report Format.

C. GRANTEE shall maintain and retain usage and other records associated with the Project for at least three (3) years after the end of the contract term.

D. Pursuant to Section 8 of this Agreement, GRANTEE shall provide proof of insurance prior to performing work on this Project, and throughout the term of this contract.

III. General Conditions
A. Work associated with the installation of the charging/alternative fueling infrastructure must be done by a licensed contractor. GRANTEE agrees to be bound by the provisions of State Labor Code Section 1771 regarding prevailing wages, as applicable. If applicable, GRANTEE shall monitor all Agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of State Labor Code Section 1771 are being met.

B. AB 841 requires that electric vehicle infrastructure and equipment on the customer side of the electrical meter be installed by contractors with the appropriate license classification as determined by the Contractors State License Board. Specifically, at least one electrician on each crew, at any given time, must hold an EVITP certification; and 1) Projects that install a charging port supplying 25 kilowatts (kW) or more to a vehicle, must have at least 25 percent of the total electricians working on the crew for the Project, at any given time, hold an Electric Vehicle Infrastructure Training Program (EVITP) certification; and
2) One member of each crew may be both the contractor and an EVITP certified electrician.
3) The requirements stated in 1) and 2) above do not apply to any of the following:
a. Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility.
b. Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).
c. Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet.
4) GRANTEE acknowledges the Project will comply with the AB 841 requirements and provide the AB 841 Certification Statement, as specified in Exhibit A, Section I.C.7, with submission of the invoice requesting grants funds for reimbursement.

Initials: __________
C. Eligible costs are limited to the purchase and installation of the equipment for power delivery or fueling directly related to the infrastructure project and must utilize commercially available technologies. Refer to the 2024 Carl Moyer Guidelines, Chapter 10, for a complete list of eligible, discretionary and ineligible costs.

D. Publicly accessible stations, at a minimum must be accessible to the public daily, during

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 4 regular business hours.

E. Equipment and parts must be new.

F. For Battery charging stations, chargers must be Level 2 or higher.

G. Publicly accessible light-duty battery charging stations must use a valid and universally accepted charge connector protocol (e.g. Society of Automotive Engineers, CHAdeMO).

H. Equipment must have at least a one-year warranty.

I. The equipment funded under this Agreement must be in operable condition throughout the term of this Agreement.
1) Infrastructure projects must maintain a 95 percent successful charging rate with 24/7 customer service available on site, via toll free telephone number. If equipment becomes non-functional, GRANTEE is responsible for ensuring that repairs are made, and stations are up and running within 15 business days. The GRANTEE must notify the MDAQMD of any downtime beyond the 15 days and begin working to ensure infrastructure equipment is operational.
2) During the Project Implementation Time Frame, if the fuel/energy meter fails for any reason, the fuel/energy meter must be repaired or replaced as soon as possible and is considered a maintenance expense, therefore not an eligible cost for reimbursement.

J. Projects must comply with all applicable federal, State, and local laws and requirements, including environmental laws and State building, environmental, and fire codes.

K. CEC EV Charger Data And Reliability Standards
GRANTEE shall comply with all applicable California Energy Commission (“CEC”) Electric Vehicle Charger Data and Reliability Standards, including but not limited to requirements adopted pursuant to Public Resources Code section 25231.5 and any implementing regulations, guidance, or reporting procedures applicable to the Project.To the extent applicable to the Project, GRANTEE shall be responsible for determining and maintaining compliance with CEC requirements related to electric vehicle charger inventory reporting, charger uptime and reliability reporting, outage or malfunction reporting, real-time data sharing, customer service information, recordkeeping, and any applicable network, protocol, or charging network provider requirements. Reporting requirements from CEC can be found here https://www.energy.ca.gov/programs-andtopics/programs/clean-transportation-program/ev-charger-data-and-reliability-standards For applicable Level 2 and DC fast chargers. GRANTEE shall submit all required charger inventory information to the CEC in the manner and frequency required by the CEC. Such information may include, but is not limited to, installation date, location, geographic coordinates, charger serial number, manufacturer, model, power level, voltage network status, connector type, access information, payment methods, pricing, and customer service contact information.

For any covered DC fast chargers subject to CEC uptime and reliability standards, GRANTEE shall maintain compliance with the applicable uptime performance standard, calculated at the charging-port level, and shall maintain records sufficient to document charger operative status, downtime, excluded downtime, maintenance, repairs, outages, malfunctions, and other information required by the CEC. GRANTEE shall retain such records for the period required by the CEC, which may be a minimum of six (6) years from

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 5 the installation date for covered chargers, unless a longer period is required by applicable law or regulation.

GRANTEE shall provide a method for customers to report charger outages or malfunctions where required by the CEC, and shall ensure that reporting instructions and customer service contact information are available at the charging station as required by applicable standards.

For networked, publicly available chargers subject to CEC data sharing requirements, GRANTEE shall ensure that the charging network provider or other responsible party makes required station, charger, port status, pricing, access, payment, and related data available to third-party software developers through an application programming interface or other CEC-approved method, at no cost and within the timeframes required by the CEC.

For any covered, networked, publicly or ratepayer funded DC fast chargers installed after September 27, 2026, GRANTEE shall comply with any applicable CEC requirements related to Open Charge Point Protocol certification, designation of an enrolled charging network provider or other approved reporting agent, automated reliability data transmission, and related recordkeeping and reporting obligations.

GRANTEE shall provide MDAQMD, upon request, copies of any CEC reports, supporting records, charging network provider confirmations, outage records, uptime records, maintenance records, or other documentation necessary for MDAQMD to verify compliance with this section. Failure to comply with applicable CEC EV Charger Data and Reliability Standards may be deemed nonperformance under this AGREEMENT and may result in remedies available to MDAQMD or CARB, including but not limited to withholding of payment, amendment of the AGREEMENT, termination, or reimbursement of grant funds, as applicable.

L. GRANTEE shall notify MDAQMD in writing if installation and/or implementation of this Project will deviate from the scope of work as outlined in the GRANTEE’s Grant Application or this Agreement at any time during the term of this Agreement. GRANTEE shall notify the MDAQMD within 15 days of recognizing such deviation. If funding has not yet been disbursed at the time of recognizing such deviation, then the GRANTEE shall notify the MDAQMD at least 30 days in advance of any request for payment. The APCO has the sole discretion to approve, deny, or adjust funding amount as outlined in Exhibit B of this Agreement, based on the extent of the deviation.

M. GRANTEE shall maintain the equipment funded under this Agreement according to the manufacturer’s specifications for the term of the Agreement and shall not tamper with it in any way as to void the warranty.

N. GRANTEE shall allow MDAQMD, CARB, or other designee to conduct an inspection or audit of the Project being funded under this Agreement, including the engine, equipment, and associated records, during the contract term. At the time of execution of this Agreement, GRANTEE’s signature shall be a certification that its fleet, engine(s), and vehicles are in compliance with all applicable federal, State, and local air quality rules and regulations and shall continue to maintain, for the term of the Agreement, compliance with all applicable federal, State, and local air quality rules and regulations for the full contract term.

O. Throughout the term of this Agreement, the Project cannot be used to generate compliance extensions, and must be excluded when determining regulatory compliance, when

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 6 applicable.

P. Low Carbon Fuel Standard (LCFS) credit generation associated with eligible activities is not prohibited by the Moyer Statue.

Q. GRANTEES that receive co-funding for the Project funded under this Agreement must meet all criteria associated with each funding source used to fund the Project.

R. GRANTEES that are not a public entity must provide at least 15 percent of the Project’s Moyer eligible costs from non-public sources.

S. The District reserves the right to reduce the incentive amount if it is determined that the actual costs paid by Participant are less than the costs indicated on the application.

Additionally, District reserves the right to disallow certain ineligible costs submitted on the claim for payment request and thereby reduce the incentive amount. A determination of cost eligibility will be at the sole discretion of the District.

T. In addition to the terms of this Agreement, GRANTEE shall adhere to all requirements outlined in the applicable California Air Resources Board Guidelines. If there is a conflict between the terms of this contract and California Air Resources Board’s Guidelines, the California Air Resources Board’s Guidelines shall prevail.

U. By executing this Agreement, GRANTEE understands and agrees to operate and maintain their station(s) according to the terms herein and to cooperate with MDAQMD and CARB in implementation, monitoring, enforcement, and other efforts to assure the emission benefits are real, quantifiable, surplus, and enforceable.

V. CARB, as an intended third-party beneficiary, reserves the right to enforce the terms of this Agreement at any time during the term of this Agreement to ensure emission reductions are obtained.

IV. Repercussions for Nonperformance
A. If for any reason, after Project funding, the Project does not perform according to what was submitted in the GRANTEE’s application, or in conjunction with the application, or if the conditions of this Agreement are not met, MDAQMD or CARB may require reimbursement of grant funds.

B. CARB and MDAQMD have the authority to pursue any remedies available under the law for noncompliance with Moyer Program requirements and nonperformance of terms outlined in this Agreement, in an effort to ensure emission reductions are obtained.

VI. Project Promotion:

A. Upon request from the MDAQMD, GRANTEE agrees to help organize a media event to help promote the MDAQMD’s clean air efforts by providing the following.

1. A press releases.

2. Invitations to the Press, City and local officials, the MDAQMD and other persons as recommended by the MDAQMD.

3. A photo opportunity with the new clean air equipment.

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 7 VII. Project Cancellation:

If a complete reimbursement requests pursuant to Section I. C. has not been submitted by Project Completion Date 10/31/2027 then the contract may be terminated and the funds returned to the grant pool for disbursement to others.

Project Completion Date is the time frame starting with the date of execution of the contract to the date the Project post-inspection confirms that the Project has become operational. This includes the time period when an engine, equipment, or vehicle is ordered, delivered and installed.

VIII. Time is of the Essence
It is understood that for Grantee’s performance under this Agreement, time is of the essence. The parties reasonably anticipate that Grantee will, to the reasonable satisfaction of District, complete all activities provided herein within the time schedule outlined in Exhibit(s), provided that Grantee is not caused by unreasonable delay in such performance due to circumstances beyond the Grantee’s control.

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 8

EXHIBIT B

CONTRACT TERM AND PAYMENT FOR SERVICES RENDERED
Grant Description: MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Contract Schedule (to occur on or before the following dates) Start Date: last date signed by the parties
Estimated Project Completion Date: 10/31/2027
Project Implementation Period: 3 years
Budget
Amount Awarded by MDAQMD: $277,559.00
Estimated Co-Funding (including in-kind): $0
Estimated Total Project Amount: $371,499.00
If the Total Project Amount is less than what is listed above, then the GRANTEE may be required to provide an equivalent percentage of Co-Funding based on the reduced Total Project Amount. The Amount Awarded by MDAQMD, as listed above, shall be adjusted accordingly.

Payment
MDAQMD will provide up to $277,559.00 in funding, in accordance with the requirements listed in this Agreement.

Milestone Payments:

Grant Recipient may submit invoices for reimbursement upon completion of the following PROJECT milestones and upon submission of documentation reasonably acceptable to MDAQMD showing eligible PROJECT costs incurred and not previously reimbursed:

1. Milestone 1: Equipment Purchase
85% of the total equipment purchase amount, or actual eligible PROJECT costs incurred to date, whichever is less.

2. Milestone 2: Equipment Installation
85% of the total Equipment installation, or actual eligible project costs incurred and not previously reimbursed, whichever is less.

3. Milestone 3: Approval of Post-Inspection by MDAQMD
Remaining balance of Amount Awarded by MDAQMD, or actual eligible project costs incurred and not previously reimbursed, whichever is less.

Payment(s) shall be made to grant Recipient within thirty (30) days after MDAQMD receives and approves a complete invoice package.

For each reimbursement request, Grant Recipient shall provide documentation reasonably required by MDAQMD to verify completion of the applicable milestone and eligible PROJECT costs incurred.

Such documentation may include, as applicable, purchase orders, executed contracts, invoices, receipts, proof of payment, evidence of financing, delivery confirmations, installation records, photographs, inspection documentation, prevailing wage documentation, and other reasonable evidence of eligible PROJECT costs incurred.

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 9 At the sole discretion of MDAQMD, ten (10) percent of the awarded grant amount, as outlined in this exhibit, may be withheld pending the submittal and approval of the first Annual Monitoring Report as outlined in Exhibit C – Monitoring Report Format.

A completed federal W-9 form and/or California 590 form must be submitted prior to payment. An IRS Form 1099 will be issued for incentive funds received under this Agreement, if applicable. It is the GRANTEE’s responsibility to determine tax liability associated with receiving grant incentive funds.

Invoices
Invoices shall be submitted to MDAQMD in an original format and include the contract number when applicable. Along with submitting an invoice for reimbursement, provide copies of all paid receipts and proof of in-kind support (when applicable), and evidence of financing, associated with the Project funded under this Agreement.

An itemized invoice for a Project must be received by the District before payment shall be made. A Project invoice shall include enough detail to ensure only eligible Project costs are being reimbursed, yet clear and concise enough to be understandable. The District shall review the itemized invoice and only pay for eligible expenses. The District will not reimburse the Grantee for any costs on the invoice which exceed the Project incentive amount indicated in this Agreement.

MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center Page 10

EXHIBIT C

MONITORING REPORT FORMAT
Grant Description: MD0626#05_Town of Apple Valley_2026_Project 1_Convention Center The first annual monitoring report shall be submitted no later than eighteen (18) months after Project post-inspection and continuing annually thereafter throughout the Project Implementation Period of this Agreement. The report can be emailed, mailed, or delivered in person to MDAQMD.

The report shall include the following:

1. GRANTEE’s name, address, and telephone number.

2. Reference Contract Number.

3. Qualitative description of public and private uses.

4. Annual and cumulative Project total usage per charger (e.g. kilowatt-hour) and number of plug-in events.

5. If the charging station has incorporated solar or wind power generation equipment, then provide the amount of electricity generated (kilowatt-hour) from the solar or wind power generating equipment.

6. Any unscheduled downtime, including duration of downtime and causes of downtime.

7. Proof of insurance listing MDAQMD as an additional certificate holder for the equipment.

8. Or Grantee can complete the MDAQMD Annual Reporting form.

Note: After the monitoring report is submitted to MDAQMD, staff may conduct a performance evaluation on the Project.

When required, under Public Resources Code Section 25231.5 and applicable California Energy Commission (CEC) Electric Vehicle Charger Data and Reliability Standards, Grantee shall comply with all CEC inventory reporting, uptime and reliability reporting, data sharing, customer outage reporting, customer service, recordkeeping, and related requirements applicable to the Project.

Grantee shall retain required records for the period required by the CEC and shall provide copies of reports and supporting documentation to MDAQMD upon request. These requirements are in addition to, and do not replace, the Annual Monitoring Report requirements stated in this Exhibit C.

The CEC EV Charger Data and Reliability Standards became effective on April 1, 2026. No CEC report is required for a reporting period that began before April 1, 2026. The first semiannual reporting period is July 1, 2026, through December 31, 2026, with the first reports due to the CEC by January 31, 2027, unless otherwise modified by the CEC or applicable law. Semiannual reporting includes inventory reporting and, for covered chargers, uptime reporting.

For DC fast chargers installed from January 1, 2024, through September 27, 2026, hourly reporting is not required unless otherwise required by the CEC or applicable law. Instead, Grantee shall record and retain 15-minute interval operative-status data or may voluntarily comply with the newer hourly reporting approach if permitted by the CEC. Records related to uptime and excluded downtime shall be retained for six (6) years, or for any longer period required by the CEC or applicable law.

Reporting requirements from CEC can be found here https://www.energy.ca.gov/programs-andtopics/programs/clean-transportation-program/ev-charger-data-and-reliability-standards.

Town Council Agenda Report
Date: October 13, 2026
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY APPROVING AMENDMENTS TO THE TOWN’S

CLASSIFICATION AND SALARY SCHEDULE
From: Guy Eisenbrey, Town Manager
Submitted by: Kristine Williams, Director of Human Resources & Risk Management Human Resources Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve Resolution No. 2026-35, A Resolution of the Town Council of the Town of Apple Valley, California, amending the Town’s Classification and Salary Schedule.

BACKGROUND
As part of the recently approved reorganization under Resolution 2026-31, the Golf Services Supervisor classification was approved for reclassification to Golf Services Manager, with implementation contingent upon the appropriate budget process. With that, the Golf Services Supervisor classification was subsequently removed from the published classification and salary schedule. This was an administrative oversight as funding has not yet been incorporated into the budget. Therefore, staff recommends restoring the Golf Services Supervisor classification to the published classification and salary schedule until reclassification can be formally implemented.

VISION ALIGNMENT
This action supports the Town’s commitment to fiscal responsibility and organization transparency by ensuring the Classification and Salary Schedule accurately reflects current authorized and funded positions.

FISCAL IMPACT
The recommended action does not result in a fiscal impact.

ATTACHMENTS
A. Resolution 2026-35
B. Classification and Salary Schedule

RESOLUTION NO. 2026 – 35

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY APPROVING

AMENDMENTS TO THE CLASSIFICATION AND

SALARY SCHEDULE FOR THE TOWN OF APPLE
VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established Classification and Salary Schedule for the Town of Apple Valley; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the Classification and Salary Schedule for the Town of Apple Valley.

NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:

Section 1. The Town Council finds that all of the facts set forth in the Recitals of this Resolution, are true and correct, and are incorporated herein by reference.

Section 2. The Town Council hereby adopts the Classification and Salary Schedule as shown in Attachment B.

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.

Section 4. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 13th day of October 2026.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
Kiel E. Mangerino, Town Clerk

Town of Apple Valley
Salary Schedule for Fiscal Year 2026 - 2027
Effective 10/13/2026
Position Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Account Clerk I 36 $3,709.9705 $3,802.7197 $3,897.7877 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 Account Clerk II 40 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 Accountant I 52 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 Accountant II 55 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 Accountant, Senior 61 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 $8,589.7767 $8,804.5211 $9,024.6342 $9,250.2500 $9,481.5063 $9,718.5439 Accounting Technician 46 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 Accounting Technician, Senior 49 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 Administrative Analyst I 55 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 Administrative Analyst II 61 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 $8,589.7767 $8,804.5211 $9,024.6342 $9,250.2500 $9,481.5063 $9,718.5439 Administrative Assistant 42 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 Administrative Assistant, Senior 48 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 Animal Behaviorist 44 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 Animal Health Assistant 39 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 Animal Health Supervisor 59 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 $8,589.7767 $8,804.5211 $9,024.6342 $9,250.2500 Animal Outreach Assistant 39 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 Animal Services Supervisor 59 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 $8,589.7767 $8,804.5211 $9,024.6342 $9,250.2500 Animal Services Assistant 30 $3,199.0959 $3,279.0733 $3,361.0501 $3,445.0764 $3,531.2033 $3,619.4834 $3,709.9705 $3,802.7197 $3,897.7877 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 Animal Services Attendant 37 $3,802.7197 $3,897.7877 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 Animal Services Manager 72 $9,024.6342 $9,250.2500 $9,481.5063 $9,718.5439 $9,961.5075 $10,210.5452 $10,465.8088 $10,727.4541 $10,995.6404 $11,270.5314 $11,552.2947 $11,841.1021 $12,137.1296 $12,440.5579 $12,751.5718 Animal Services Officer I 42 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 Animal Services Officer II 46 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 Animal Services Officer Trainee 38 $3,897.7877 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 Animal Services Officer, Senior 52 $5,507.4720 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 Animal Services Specialist, Senior 39 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 Animal Services Technician 40 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 $5,507.4720 $5,645.1588 $5,786.2878 Assistant Director of Community Development 76 $9,961.5075 $10,210.5452 $10,465.8088 $10,727.4541 $10,995.6404 $11,270.5314 $11,552.2947 $11,841.1021 $12,137.1296 $12,440.5579 $12,751.5718 $13,070.3611 $13,397.1201 $13,732.0481 $14,075.3493 Assistant Director of Econ Dev & Housing 76 $9,961.5075 $10,210.5452 $10,465.8088 $10,727.4541 $10,995.6404 $11,270.5314 $11,552.2947 $11,841.1021 $12,137.1296 $12,440.5579 $12,751.5718 $13,070.3611 $13,397.1201 $13,732.0481 $14,075.3493 Assistant Director of Finance 76 $9,961.5075 $10,210.5452 $10,465.8088 $10,727.4541 $10,995.6404 $11,270.5314 $11,552.2947 $11,841.1021 $12,137.1296 $12,440.5579 $12,751.5718 $13,070.3611 $13,397.1201 $13,732.0481 $14,075.3493 Assistant Director of Strategic Initiatives 76 $9,961.5075 $10,210.5452 $10,465.8088 $10,727.4541 $10,995.6404 $11,270.5314 $11,552.2947 $11,841.1021 $12,137.1296 $12,440.5579 $12,751.5718 $13,070.3611 $13,397.1201 $13,732.0481 $14,075.3493 Assistant Planner 53 $5,645.1588 $5,786.2878 $5,930.9450 $6,079.2186 $6,231.1991 $6,386.9790 $6,546.6535 $6,710.3198 $6,878.0778 $7,050.0298 $7,226.2805 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 Assistant Pool Manager 37 $3,802.7197 $3,897.7877 $3,995.2324 $4,095.1132 $4,197.4910 $4,302.4283 $4,409.9890 $4,520.2388 $4,633.2447 $4,749.0758 $4,867.8027 $4,989.4978 $5,114.2353 $5,242.0911 $5,373.1434 Assistant Town Clerk 64 $7,406.9375 $7,592.1110 $7,781.9138 $7,976.4616 $8,175.8731 $8,380.2700 $8,589.7767 $8,804.5211 $9,024.6342 $9,250.2500 $9,481.5063 $9,718.5439 $9,961.5075 $10,210.5452 $10,465.8088 Monthly base pay, paid out bi-weekly, based on 80-hour work schedule and 26 pay periods