Rolling Hills City Council
April 22, 2024

INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND

ROAD ROLLING HILLS, CA
90274
(310) 377-1521
FAX (310) 377-7288

REQUEST FOR PROPOSALS

POTHOLING SERVICES IN SUPPORT OF
EASTFIELD DRIVE SCE RULE 20B PROJECT

FOR CITY OF ROLLING HILLS
PROPOSALS DUE 3 PM, April 9, 2024
SECTION 1 - BACKGROUND
The City of Rolling Hills (City), California invites firms familiar with Southern California Edison (SCE) potholing requirements to submit fee proposals for performing potholing services in support of the Eastfield Drive SCE Rule 20B Utility Undergrounding project. This project will underground existing overhead power and telecommunication lines along Eastfield Drive from approximately 45 Eastfield Drive to Outrider Road.

The City has received federal hazard mitigation grant funding in support of undergrounding existing overhead utilities to reduce fire hazards. In cooperation with SCE and other utility companies utilizing existing overhead facilities, SCE has prepared preliminary design plans for the defined project area. Under terms of the grant funding, the City is responsible to construct the underground infrastructure utilizing SCE’s design. Prior to finalizing the design, SCE requires potholing to confirm the vault locations.

The successful Proposer, shall have at least five years of experience on similar types of projects. All Proposers responding to this Request for Proposal (RFP) will be evaluated on the basis of their fee. Note: all roads within the City are private and coordination with the Rolling Hills Community Association (RHCA) may also be required. 455

SECTION 2 - SCOPE OF SERVICES
The City of Rolling Hills is requesting a fee from selected firms that have experience in performing potholing services for SCE to validate vault locations as currently designed. Being a City project, prevailing wage is a requirement. The proposed vault locations are proposed in or adjacent to an existing two-lane road ( one-lane each direction).

Scope of work includes:

1. Potholing for 6 vault locations as identified on SCE’s Preliminary Design Plans for the Rule 2B Project (see Attachment 1)

2. Obtaining the required permit (no fee) from RHCA (see Attachment 2)

3. Restoring the potholing trenches in accordance with RHCA Trench Backfill and Pavement Repairs (see Attachment 3)

4. Provide appropriate Traffic Control, including flagmen where deemed necessary.

SECTION 3 - PROPOSAL REQUIREMENTS
Proposals will be considered from firms with experience and success in performing potholing services for SCE and based on fee. Please submit the following for consideration.

1. Lump Sum Fee

2. Submit hourly fee schedule for any additional services that may be required.

3. Any exceptions to the contract agreement the selected firm will be required to sign.

SECTION 4 - PROPOSAL PROCEDURE
All proposals are due no later than 3 pm on April 9, 2024. The City reserves the right to extend the deadline.

The City will respond to request for clarification in written RFP addendum(s) as needed. All inquiries shall be directed to Christian Horvath at [email protected] by 5 pm on April 3, 2024.

Please submit the proposal via email to:

Christian Horvath
City Clerk
[email protected]
Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City of Rolling Hills and the firm selected. The City of Rolling Hills reserves the right without prejudice to reject any or all proposals. No reimbursement will be made by the City for costs incurred in the preparation of the response to this Request for Proposal. Submitted materials will not be returned and become the property of the City of Rolling Hills.
456

SECTION 5 – SELECTION/EVALUATION CRITERIA
Proposals will be evaluated on fee / hourly fee schedule submitted.

SECTION 6 - ATTACHMENTS
Attachment 1 – SCE Preliminary Design Plans
Attachment 2 – Rolling Hills Community Association Permit Application Attachment 3 – Rolling Hills Community Association Trench Backfill and Pavement Repair Requirements 457
Contact USA
Dial 811 or 800-422-4133

UNDERGROUND SERVICE ALERT
www.digalert.org/contact
458
Contact USA
Dial 811 or 800-422-4133

UNDERGROUND SERVICE ALERT
www.digalert.org/contact
459
A
A
BB
A
A
BB
A
A
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ExcavationPermit - Updated 2023-1-26.tlfpc

ROLLING HILLS COMMUNITY ASSOCIATION
1 Portuguese Bend Road, Rolling Hills, CA 90274
(310) 544-6222; Fax: (310) 544-6766

AGREEMENT FOR EXCAVATION OF EASEMENTS
The Rolling Hills Community Association grants permission to:

Company / Utility Name Contact Person
Street Address City, State, Zip
Phone Email
May cut and excavate at:

Property Address/Name of Street
In the area of:

Describe job location
For the purpose of:

Description of work
Power Outage/Service Turn-off Required: YES NO Traffic Control Plan included: YES NO Note that any project that requires multiple vehicles and/or trailers be parked or located in any portion of any roadway at a work site or sites will require the applicant to attach to this application a Traffic Control Plan that complies with the “California Manual on Uniform Traffic Control Devices” (most current edition including most current revisions).

Applicant agrees that all work will be done in accordance with and limited to the submitted plans and with the attached requirements of this agreement and that the easement shall be restored to its original condition and left in a safe condition.

To the extent appliable, all work shall comply with all laws and regulations regulating the activities of the applicant.

Prior to the commencement of any work, the applicant shall deliver to the Manager of the Rolling Hills Community Association a certificate of insurance naming the Rolling Hills Community Association as additionally insured for a minimum of three million dollars ($3,000,000).

Applicant shall place two inches of temporary pavement on all cuts in all types of existing pavement, or more as may be required by the Manager based on the nature and scope of the project. Applicant shall perform no work nor make any repairs until authorized by the Rolling Hills Community Association except to eliminate an emergency condition.

If excavation involves cutting the RHCA roadway, a minimum deposit of $2,500 must be made with the application prior to the start of work. That deposit amount may be adjusted upwards at the discretion of the Rolling Hills Community Association for projects with larger areas of excavation. When said cut or excavation has been filled and repaired to a safe and permanent condition to the Manager of the Association, that portion of the deposit not consumed by Rolling Hills (Staff Use Only) Permit No. _______________ Permit Fee $250 PAID INVOICED Date Issued ______________ Expiration Date (90 Days) _______________ Extension Approved _______________ Expiration Date ________________ 465
ExcavationPermit - Updated 2023-1-26.tlfpc
Community Association in its review and inspections shall be released and discharged. In the event that the initial deposit is deemed to be insufficient to cover the costs of the Rolling Hills Community Association in its review and inspections, further deposits may be required, and must be tendered within five working days of each such request.

All work sites, working conditions, and work performed must at all times comply with all federal, state, local government and agency laws, general orders, and regulations, including without limitation to those promulgated by OSHA, CAL/OSHA, and the California Public Utilities Commission.

The parties agree that if said cut or excavation made in a road is not filled and repaired to a satisfactory usable condition within seven calendar days after completion of the work the Manager shall forthwith cause the same to be filled and repaired and the cost shall be charged against the cash deposit posted with the application, or as may be increased by the Manager.

The parties agree that applicant shall be responsible for all loss or damage incurred by the Rolling Hills Community Association. The applicant shall indemnify, hold harmless, and defend the Rolling Hills Community Association in connection with all claims whatsoever regarding any work performed by the applicant in the streets, property, and easements of the Rolling Hills Community Association for a period of fifty (50) years from the date of completion of such work. The applicant shall have no right to settle or compromise any such claims without the express authority of the Board of Directors of the Rolling Hills Community Association.
_________________________________ ROLLING HILLS COMMUNITY ASSN.

By: By:
_________________________________ _______________________________________ Notify the Association Office prior to starting work & once it is completed (310) 544-6222. 466
ExcavationPermit - Updated 2023-1-26.tlfpc

EXCAVATION AGREEMENT REQUIREMENTS

1. All work, unless otherwise specified, shall be completed in accordance with the specifications of the Rolling Hills Community Association Trench Backing and Pavement Repair guidelines.

2. One set of plans must be digitally submitted for consideration. Hard copies may be required at the discretion of staff.

3. A copy of this agreement and plans shall be kept on the job at all times. If a utility pole is being replaced, a copy of this permit must be provided to the gates with the delivery of the pole.

4. A traffic control plan that conforms to the latest edition of the State of California MUTCD must be submitted with the completed application. Traffic control measures are required and must be discussed with and approved by the RHCA’s staff prior to issuing the permit. Flag men are required if any portion of a lane is closed. One lane of travel must be maintained at all times. If it is necessary to completely close the road, the contractor must contact the RHCA office a minimum of TWO WEEKS in advance to discuss and make proper arrangements.

5. Trail closed signs are required if any portion of a bridle trail is closed and the contractor must contact RHCA’s Maintenance Supervisor at (310) 541-3544 to make such arrangements.

6. Utility poles or other structures that require a helicopter set must be arranged with the RHCA office a minimum of TWO WEEKS in advance to discuss and make proper arrangements.

7. The contractor is required to notify the RHCA Office prior to the start of work. It is the responsibility of the utility/contractor to notify any affected homeowners of power outages.

8. The contractor must acquire permission from the property owner prior to working or accessing any private property.

9. Proof of Dig Alert notifications for all areas subject to excavation must be provided in advance of the commencement of any underground work.

10. Dig Alert/USA and other utility markings on roads must be entirely removed at the completion of work. No permanent paint or other marking shall be permitted at any time.

11. Bridle Trails and road shoulders disturbed by excavation must be restored to original conditions (signs and mailboxes re-set, decomposed granite or other special surfaces replaced.)

12. If a utility pole is removed, it must be removed by the applicant from the area of the Rolling Hills Community Association for disposal or other disposition.

13. Applicant shall be legally and financially responsible for all damage caused by it to the property of the Rolling Hills Community Association and its members.
467
Rolling Hills Community Association

TRENCH BACKFILL AND PAVEMENT REPAIRS
NOTES

BELOW GROUND
1A. SEE STANDARD PLAN
2A. FOR TRENCHES LONGER THAN 200’ OR LARGER THAN 1,000 SQUARE FEET, A LICENSED SOILS

ENGINEER SHALL BE PRESENT TO MONITOR THE NATIVE OR IMPORTED BACKFILL OPERATION AND TEST FOR COMPACTION AT 100’ OR 200 SQUARE FOOT MAXIMUM INTERVALS. 3A. IN AREAS NOT IN EXISTING ROADWAY, BACKFILL SHALL BE COMPACTED TO A RELATIVE COMPACTION OF 90%
4A. EXCAVATED MATERIAL NOT APPROVED FOR USE IN TRENCH BACKFILL SHALL BE REMOVED FROM JOB SITE UNLESS OTHERWISE USED IN THE WORK.
5A. WHERE WET, UNSTABLE OR RUNNING SOIL IS ENCOUNTERED, SOLID SHEATHING IS REQUIRED FOR ALL VERTICAL TRENCH WALLS.
6A. ALL SHORING SHALL BE DESIGNED BY A CIVIL ENGINEER IN ACCORDANCE WITH SOIL REPORT.

VISIBLE SURFACE:
1B. CRACKS SHALL BE SEALED AND A TYPE 2 SLURRY SEAL COATING WITH 2% LATEX SHALL BE APPLIED FROM LANE LINE TO LANE LINE FOR LONGITUDINAL TRENCHES GREATER THAN 200’ IN LENGTH FOR ANY LANE AFFECTED.

METHODOLOGY
1C. AT THE END OF EACH WORK DAY, ANY TRENCH IN AN ARTERIAL ROAD SHALL BE COVERED BY NONSKID STEEL PLATES OR BE PAVED WITH TEMPORARY OR PERMANENT PAVEMENT FLUSH WITH ADJACENT PAVEMENT SURFACES. SECURED IN PLACE, RAMPED WITH A.C. AND NOT USED FOR MORE THAN 48 CONSECUTIVE HOURS ON THE SAME SEGMENT OR TRENCH. “PLATE AHEAD’ SIGN9S0 SHALL BE PROPERTY INSTALLED WHEN PLATES ARE IN USE. OTHER CITY STREETS MAY HAVE LESSER REQUIREMENTS AND WILL BE CONSIDERED ON A CASE BY CASE BASIS. 2C. ALL TRAFFIC LANES SHALL BE CLEANED AND RESTORED FOR USE IMMEDIATELY UPON PLACEMENT OF TEMPORARY A.C. PAVEMENT, TRENCH PLATES AND/OR FINAL A.C. PAVEMENT. 3C. ALL TRAFFIC STRIPING AND/OR MARKING(S) REMOVED OR DAMAGED DURING CONSTRUCTION SHALL BE REPLACED IN KIND AS DIRECTED.
4C. TRAFFIC CONTROL SHALL BE PER CONTRACTORS “CONSTRUCTION TRAFFIC CONTROL PROCEDURES ON CITY STREETS” AS SUBMITTED TO AND APPROVED BY THE RHCA. 5C. A COLLECTION DEVICE SHALL BE USED TO COLLECT SEDIMENTS GENERATED DURING SAWCUTTING OPERATION.
6C. ALL PAVEMENT REMOVALS SHALL USE STRAIGHT LIGHT SAWCUTS A MINIMUM OF 1.5” DEEP.

M: Road Standards/Trench Backfill and Pavement Repair Specifications – Updated 2019-02-21 468
469
470
EXHIBIT “A-1”

FEDERAL PROVISIONS
During the performance of this contract, Designer shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (A) Designer shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (B) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Designer shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
(A) Costs under this contract must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Designer.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) 471
(A) Designer shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency administering the funds for which this Project is funded (“Federal Agency”), Inspectors General, the Comptroller General of the United States, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Designer's personnel for the purpose of interview and discussion related to the books and records.
(B) The Designer agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (C) The Designer agrees to provide the Inspectors General, the Comptroller General of the United States, and the State of California or their authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
(A) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the City, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. (i) Termination for Convenience. The City may, by written notice to Designer, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Designer of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the City, the City shall compensate Designer for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Designer shall provide documentation deemed adequate by the City to show the work actually completed or materials provided by Designer prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination. (ii) Termination for Cause. If Designer fails to perform pursuant to the terms of this contract, the City shall provide written notice to Designer specifying the default (“Notice of Default”). If Designer does not cure such default within ten (10) calendar days of receipt of Notice of Default, the City may terminate this contract for cause. If Designer fails to cure a default as set forth above, the City may, by written notice to Designer, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Designer shall be compensated for that portion of the work or materials provided which has been 472
fully and adequately completed and accepted by the City as of the date the City provides the Notice of Termination. In such case, the City shall have the right to take whatever steps it deems necessary to complete the project and correct Designer's deficiencies and charge the cost thereof to Designer, who shall be liable for the full cost of the City's corrective action, including reasonable overhead, profit and attorneys' fees.
(iii) Reimbursement; Damages. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Designer’s performance of the work.
(iv) Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Designer shall promptly discontinue the work unless the Notice directs to the contrary. Designer shall deliver to the City and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Designer acknowledges the City’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the City’s termination of this contract. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Designer shall not be entitled to payment for unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If City terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Designer shall be entitled to receive only the amounts payable under this Section, and Designer specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
(B) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Designer shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Designer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Designer will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Designer agrees to post in conspicuous places, available 473
to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (ii) Designer will, in all solicitations or advertisements for employees placed by or on behalf of Designer, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
(iii) Designer will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Designer's legal duty to furnish information. (iv) Designer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Designer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) Designer will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of Designer's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) Designer will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of 474
Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. Designer will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Designer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, Designer may request the United States to enter into such litigation to protect the interests of the United States.
(C) Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: [Not Used. Does not apply to design professional services. 29 CFR § 5.2] (D) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Designer shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(iii) In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the City of Columbia or a territory, to such City or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iv) The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, 475
from any moneys payable on account of work performed by the Designer or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) The Designer or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(E) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the City.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (F) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Designer shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000.
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(ii) Pursuant to the Federal Water Pollution Control Act, (1) Designer agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Designer agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Designer agrees to include these requirements in each subcontract exceeding $150,000.
(G) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Designer is required to verify that none of the Designer, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Designer must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Designer did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Designer warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Designer also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Designer further agrees to notify the City in writing immediately if Designer or its subcontractors are not in compliance during the term of this contract. (H) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Designer shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Designer shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Designers that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of 477
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (I) Appendix II to Part 200 (J) – Procurement of Recovered Materials:
(i) Designer shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this contract, the Designer shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram.

5. MISCELLANEOUS PROVISIONS
(A) Designer acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Designer’s actions pertaining to this contract.
(B) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Designer, any subcontractors or any other party pertaining to any matter resulting from the contract.
(C) General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.
(i) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
(ii) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Designer, the Designer's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
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(iii) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Designer exceeds at its own risk.

6. BUY AMERICA DOMESTIC PROCUREMENT PREFERENCE
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/.

Designer shall comply with all of City’s obligations City’s obligation with respect to Section 70914 of the Bipartisan Infrastructure Law as a Recipient of a award for Federal financial assistance in the performance of this Agreement as a condition of this Agreement.

7. ADDITIONAL TERMS.
a. The project will be subject to National Environmental Policy Act (NEPA) as well as the California Environmental Quality Act (“CEQA”).
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b. The project will be subject to Section 504 of the Rehabilitation Act and the Architectural Barriers Act Standards.
c. Plans, specifications, all contractor solicitation documentation and contract documents must be submitted to USDA Rural Development for review and concurrence. d. The construction project may be subject to the Build America Buy American (BABA) requirements. If so, the following provisions should be considered during design and must be added to the bidding and construction contract documents:
i. Information for Designer: This contract is expected to be funded in whole or in part using funds from the Infrastructure Investment and Jobs Act. Section 70914 of the IIJA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR

25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. {The following waivers apply to this project:} ii. Supplemental General Conditions: This contract is expected to be funded in whole or in part using funds from the IIJA. Section 70914 of the IIJA prohibits the use of these funds unless all iron, steel, and manufactured goods are produced in the United States. All iron and steel manufacturing processes must take place in the United States, except for metallurgical processes involving refinement of steel additives. There is no requirement for the origin of components and subcomponents of manufactured goods. Products listed at 48 CFR 25.104(a) have been determined to be unavailable in the United States and if required for the project may be purchased from foreign sources. No unauthorized use of foreign iron, steel, and/or manufactured goods will be allowed on this project. {The following waivers apply to this project:} e. If the Project receives an Emergency Rural Healthcare Grant (ERHC), compliance with the prevailing wage requirements of the Davis-Bacon and Related Acts will be required for contractors and subcontractors performing construction. Before bidding, the general wage determination from the Department of Labor website (htpps://www.dol.gov) must be added to bid documents and all contracts covered by the Act must include the statement “The contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.” Labor standards provisions from 29 CFR 5.5(a) must be included in every contract. f.. If the existing building is classified as Historic, compliance with Section 106 of the National Historic Preservation Act of 1966 (NHPA) will be required. 480
EXHIBIT “B”
FEE

1. FEE SCHEDULE.

Designer will invoice City on a monthly cycle based on the following fee schedule.

Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.

Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.
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482
483
484
Michael Escajeda
4/9/2024
485
486
E.E. Electric, Inc.

RESIDENTIAL, COMMERCIAL & INDUSTRIAL
P.O. BOX 465, JURUPA VALLEY, CALIFORNIA 91752
(909) 829-7818
April 9, 2024
Christian Horvath
City Clerk
City of Rolling Hills
RE: Exception to Professional Liability Insurance Requirement Project: Potholing Services in Support of Eastfield Drive SCE Rule 20B ProjectSolicitation No. GR_OES_240325_Eastfield_UU_20B_Potholing_RFP Dear Mr. Horvath,
E.E. Electric, Inc. takes exception to section 3.14.6 titled Professional Liability (Errors & Omissions) requirement that is located in the sample contract agreement. This type of insurance generally deals with the designing of construction plans. E.E. Electric, Inc. is not a designing/engineering firm and will not be designing any plans for the city regarding potholing services. E.E. Electric, Inc. will be working (constructing) off of the designs that the City of Rolling Hills will be providing. That is why we are taking an exception to this insurance requirement.

If there are any questions, please call.

Thank you for your attention in this matter.

Sincerely,
Michael Escajeda
E.E. Electric, Inc.
487
E.E. Electric, Inc.

P.O. Box 465, Mira Loma, CA 91752-0465
11127 Calabash Avenue, Fontana, CA 92337
Phone (909) 829-7818 Fax (909) 829-0118
April 9, 2024
Potholing Services in Support of Eastfield Dr. SCE Rule 20B Project Underground Civil Rates
Normal Rate Overtime* Premium Rate*
Superintendant $187.00 $233.00 $290.00
Foreman $180.00 $222.00 $266.00
Operator $177.00 $216.00 $264.00
UG Tech $145.00 $180.00 $233.00
Please Note: Labor Rate effective period is from June 1, 2023 -May 31, 2024 Labor Rate will change again on June 1, 2024 per labor contract with IBEW Local 47. *Overtime and Premium rates are based on continous work to be performed after normal working hours. Thus no subsistence has been included on overtime or premium time. If crews are called out on Overtime/Premium time on Holidays and/or weekends a Fifty Dollar ($50.00) subsistance shall be added to each day of work for each employee.

Labor Rates-City of Rolling Hills
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E.E. Electric, Inc.

P.O. Box 465, Jurupa Valley, CA 91752-0465
11127 Calabash Avenue, Fontana, CA 92337
Phone (909) 829-7818 Fax (909) 829-0118
April 9, 2024
Equipment Classification
Arrow Board $22.00 Hourly Rate
Compressor (Air) w/tools $21.50 Hourly Rate
Generator $8.00 Hourly Rate
10 Yrd Dump Truck $70.50 Hourly Rate
5 Yrd Dump Truck $59.50 Hourly Rate
Cat Skid Steer $56.50 Hourly Rate
Ford F150 $28.00 Hourly Rate
Ford F250 $30.00 Hourly Rate
Ford F350 $31.00 Hourly Rate
Ford F450 $42.50 Hourly Rate
Ford F550 $47.50 Hourly Rate
Ford F550 Saw Truck $57.00 Hourly Rate
John Deer Back Hoe 710 $85.00 Hourly Rate
John Deer Back Hoe 410 $71.50 Hourly Rate
Light Tower $19.00 Hourly Rate
Roller $42.50 Hourly Rate
Stomper $59.50 Hourly Rate
Tack Machine $21.00 Hourly Rate
Water Buffalo $25.50 Hourly Rate
Mini Excavator $49.50 Hourly Rate
Rammer Compactor $18.50 Hourly Rate
John Deere Backhoe w/Breaker $126.50 Hourly Rate
Torpedo Missile 3" $20.00 Hourly Rate
Torpedo Missile 4" $18.50 Hourly Rate
Torpedo Missile 5" $18.50 Hourly Rate
Civil Material Trailer $21.00 Hourly Rate
Dodge Ram 4500 $45.00 Hourly Rate
Dodge Ram 5500 Dump Truck $49.50 Hourly Rate
* - Equipment rented on an hourly basis will be subject to a 6 hr minimum. ** - Equipt and Operator time is based on a portal to portal charge. ***Non owned contractors equipment will be charged at rental + 15% Equipment Rates-City of Rolling Hills
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SUPPLIER CLEARINGHOUSE

CERTIFICATE OF ELIGIBILITY
CERTIFICATION EXPIRATION DATE: December 20, 2026The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission herebycertifies that it has audited and verified the eligibility of:

E. E. Electric, Inc.

Minority Business Enterprise (MBE)
pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. ThisCertificate shall be valid only with the Clearinghouse seal affixed hereto.Eligibility must be maintained at all times and renewed within 30 days of any changes in ownership or control. Failure to complymay result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status wasobtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under whicheligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional informationor conduct on-site visits during the term of verification to verify eligibility.This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utilitycompanies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998.VON: 90FS0046 DETERMINATION DATE: December 20, 2023 490
E.E. Electric, Inc.

P.O. Box 465
Jurupa Valley, CA 91752
(909) 829-7818 Fax (909) 829-0118
Website: www.ee-electric.net

MAJOR CONTRACTS COMPLETED & IN PROGRESS
General Description
E.E. Electric, Inc. is a California resident, minority owned business with the principle stockholders making all the day to day operation decisions. We are licensed in California, and certified as a minority business enterprise by the minority clearinghouse and other agencies. We are also certified as a small business enterprise by the State of California Department of General Services. Copies of certificates are available on request.

E.E. Electric’s offices are located in Fontana, California. E.E. Electric’s general area of operations is in the Southern California area, and has done projects for California Utilities and the Federal Government.

We perform all types of work related to power line construction, including overhead and underground distribution, reconductoring, pole line relocating, cable splicing and construction or modification to substations. Although we specialize in high voltage utility work, we are not limited in our capabilities.

E.E. Electric also does re-conductor of existing facilities (upgrades and modifications), installation, removal or maintenance of street lighting facilities and fixtures, electrical wiring for commercial, industrial and residential buildings, maintenance of existing electrical wiring and modifications to new or existing facilities to meet federal and state codes.

Current and Past Projects
Year Completed, Type of Work, for Whom Performed, Location December 2022-Present Douglas Design Build
City of Chino Hills TR12190 Reserve Apt. Buildings Village Drive & Satinwood Court Project #2196827
Project consisted of substructure work based off of plans by Southern California Edison, Spectrum, and Frontier Communications. Project consisted of installation of 3” & 4” conduit, installation of pull boxes, installation of padmount transformers 25KVA to 100 KVA, installation of 1/0 primary cable and secondary URD cable, installation of pot head terminations, installation of j bars, and coordinate switching with utility (Southern California Edison-SCE project info. District #34, TD1850806, R15, Tract#12190).

May 2010-Present-City of Anaheim-Master Agreement
Preapproved to bid on projects coming out of City of Anaheim’s Public Utilities Electrical Division.

Project limit for each project $500,000.00
April 2010-Present-City of Riverside-Contractors Panel
Preapproved to bid on projects coming out of the City of Riverside’s Public Utilities Electrical Division.

Each project limit is set at $500,000.00
April 2004-Present-City of Riverside/Contractors Panel, Qualified Electrical Contractor (QEC) Agreement with City of Riverside to provide vault standby service including mandreling of conduit, To various contractors wanting access to City of Riverside Utilities. Contract ongoing. 491
May 2022-September 2023-City of Anaheim City of Anaheim Master Agreement FY 21/22 Direct Buried Cable Replacement-Electrical Construction & Street Restoration Project consisted of outage coordination, switching and appurtenances necessary for the installation of primary cable, service/secondary cables related work upgrading the existing underground 6.9kV system.

Work also consisted of removeal of existing riser at pole, installation of 1-1/0 AWG AI 7 STR 15kV EPR With concentric neutral 6.9kV primary cable, complete connection and energize. Installation of 2-350 MCM A1, and 1-1/0 A1 triplex 600V service/secondary cable and complete connections. Work at R216/917 S. Royal Ridge Dr., S. Whitestone Dr., S. Ramsgate Dr., E. Hillgate Lane & Trail Drive September 2023-G&D Construction (Prime Contractor)
City of Riverside-Mega Mart, Car Wash & Starbucks
Project Location: 1600 Central Ave. & 5102 Sycamore Canyon Blvd.

Work was completed off of City of Riverside Drawings
Project consisted of intercepting 3 each of 4” conduits and 1 each of 2” conduits. Excavate and chip energized duct banks to expose conduits and extend facilities. Installation of conduits into PJC and underground vault. Trench for multiple conduits and extend from PJC and underground utility vault.

Backfill, compact area with grind and cap/street restoration.

September 2021-June 2023 City of Fontana Contract#SB02DE22 Etiwanda Avenue and Slover Avenue/Airport Drive SCE Underground Project Project consisted of the installation of underground utility vaults, with installation of communication/electrical duct banks for underground utility facilities per Southern California Edison’s specifications. Conduit was installed between various underground electrical vaults and from utility vaults to utility power poles. Project located between the City of Fontana and the City of Ontario.

May 2022-April 2023-City of Riverside RPU-7916 PO#232613 Gibraltar Drive Cable Replacement Project
Project consisted of replacement of obsolete underground cable. Installation of new duct back system, installation of conduits, installation of electric service box, installation of CST retrofit lid (Torsion Assist Lid), replacement of concrete sidewalks, cross gutters per City of Riverside’s specifications and plans.

May 2020-Decmeber 2022 City of Anaheim Public Utilities Dept.

Underground District 65 Phase 1
The scope of work for project is construction and installation of conduit, substructures and related work for 12kV underground substructure system, installation of communications system. Substructure work consists of installation of 12kV underground cables, switches, splices, surge arresters, transformers, pole risers, terminators, and grounding. The project also consists of installation of secondary service cables to connect and complete residential/commercial/industrial service conversion, and connection of street light system, communications system including fiber optics, traffic signal and the removal of overhead poles.

February 2021-September 2022 City of Anaheim Master Agreement FY 20/21 Vault Adjustment Project at Various Locations
Project consisted of adjusting to final grade existing vault lid(s), manholes(s), parkway cover(s), grade rings(s), and/or cement collar(s) within an area to be paved and graded. Manhole(s)/substructure(s) within an area to be paved or graded shall be protected in place. Work also consisted of installation of primary and secondary concrete encased conuit systems, installation of electrical substructures such as vaults, transformer pads, primary and secondary pull boxes. The project also has installation of various electrical equipment such as primary and secondary conductors, primary risers, overhead line and/or neutral conductors, primary and secondary connections and terminations as noted on city plans for the construction and installation of 6.9kV and 12kV single and three phase underground and overhead electrical systems.
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September 2022-September 2022
Quick Quack Express Car Wash on Arlington Avenue, Riverside, CA Prime Contractor Baxter Electrical Contractrs, Inc.

City of Riverside Work Order#2223320/Project No. 220001-01/Ref Drawing U5-2123134 Project was done with the City of Riverside’s drawings for the intercept of 1-4”conduit and 1-2” conduit and bring conduit into C1387 up to 20ft. Project also consisted of core drilling into C1387 to gain access, 90 degree sweeps, and a Qualified Electrical Worker (QEW) for one day. E.E. Electric, Inc. was subcontractor to prime contractor.

April 2020-July 2022 City of Anaheim Master Agreement FY 19/20 Electric Pole Removal, Rear Property Undergrounding, & Street Lighting Additions Project consisted of removal of overhead utility poles and associated hardware (electric overhead system facilities). Installation of URD transformers, 15kV EPR cable, secondary XHHW-2 cable and secondary HOMAC connectors for undergrounding a rear property overhead system, and restoration of area and disposal of wood utility poles. Installation of LED fixtures on existing utility wood poles at various locations within the City of Anaheim.

April 2022-June 2022 City of Anaheim Master Agreement FY 21/22 Direct Buried Cable Replacement and Substructure Construction Project consisted of replacement of existing underground 6.9kV system. Installation of primary concreteencased conduit duct bank systems and secondary conduit systems in open trenches. Furnishing and installing electrical substructures such as primary and secondary splice/pull boxes; mandrelling conduits, installing pull ropes, installation of City approved galvanized steel conduit for the replacement of direct buried cable.

March 2022-March 2022 Palcrete, Inc. Van Buren Blvd., Riverside, California Project: Express Carwash-Project consisted of installation of underground electrical facilities per City of Riverside Plans, and electrical standards. Installation conduit, electrical foundations, pullbox and street light cables.

January 2022-May 2022 Prime Point Property Valley Blvd., Fontana, California Project consisted of installation of underground facilities per Southern California Edison, AT&T, and Spectrum specifications. Installation of underground conduit various sizes, installation of underground utility vaults, installation of copper cable, installation of 4/0 copper from utility vault to riser pole, installation of manhole, installation of pullbox and installation of padmount structures.

August 2021-May 2022 City of Riverside Contractor’s Panel Project PO#222755 RPU 2103 Circuit 1502 Switch and Cable Replacement Located at 3520 Tyler Street Project consisted of installation of 35 ft power pole and secondary riser, furnish and install one padmounted switch enclosure (PSE) slab box and two pad-mounted junction cabinet (PJC) slab box, trench 104 feet with installation of 1 inch, 4 inch and 5 inch conduit installation. Installation of protective barrier, core drill vault structure. Removal of concrete and existing tree, backfill trench and restore concrete and asphalt.

March 2021-December 2021 City of Anaheim Master Agreement FY 20/21 LED Street Light Improvement Project-Master Arm Replacement Project consists of providing labor, material, tools, and equipment for the installation of new street light mast arms at various locations within the City of Anaheim. 493
February 2021-December 2021 City of Anaheim Master Agreement FY 20/21 Direct Buried Cable Replacement at Various Locations and Fiber Access to Peralta Park Project consisted of replacing existing underground 6.9kV system. Scope of work consisted of furnishing and installing primary concrete encased conduit duct bank systems and concrete encased conduit for secondary conduit sytems. Work also included installation of electrical substructures such as vaults, transformer pads, primary and secondary splice/pull boxes; mandrelling conduits. Installation of City approved galvanized steel conduit for the replacement of direct buried cable.

September 2019-September 2021 City of Anaheim Public Utilities Dept.

Manchester Electric Line Extension & Electric Reliability Improvement Project FY 18/19 Project consisted of replacement of deteriorated (wood) utility poles and upgrading electrical facilities.

Installation of 12kV conduits and substructures for 12kV electrical underground system and installation of 12kV cable for direct buried cable replacement (12kV electric line extension) and communication system (including fiber optics). Project also consisted of streetlight additions and replacements within the City of Anaheim.

November 2018-July 2021 City of Anaheim Master Agreement Underground Automation 4/7
Project consisted of measuring gas pressure levels on GSE switches, automate GSE switches with installation of associated hardware, automate PMC's with installation of associated hardware, install fault indicators, installation of concrete pads, relocation of potential transformers to the source side of wood utility poles.

April 2021-June 2021 City of Pasadena Clifton Alley Project Contract#31926 Project consisted of upgrading distribution system from 4kV to 17kV. Replacement of utility power poles, replacement of cross arms with transfer of transformers, capacitor banks, overhead primary conductors and all other hardware associated with utility pole and cross arms. Installation of primary and secondary overhead cable. Removal (teardown) of old utility poles and overhead and secondary cables, span guys, and associated hardware.

January 2020-December 2020 City of Anaheim Master Agreement FY 19/20 GSE Replacement, Utility Pole High Voltage Sign Replacement & Vault Lid Replacement Project consisted of replacement of Gas Enclosure Switches (GSE) with Solid Dielectric Switches (UDS).

Transporting removed 15kV vault mount GSE switches to the City's yard, installing 15kV submersible vault mount Solid Dielectric 4-Way Switches, adjusting cable and related equipment to accommodate new switches, install switch motor operators and related equipment, reconnect Remote Terminal Unit and related equipment, and connect primary cable to switches.

October 2019-August 2020 Friends of Riverside Airport, LLC Agreement #MSA-190603/Contract #2019-0603/Project #150017-04/Tract 28987 Dry Utility Improvement
Installation of various conduit sizes (1"to 5") for electric and streetlight facilities. Also performed trenching for joint underground facilities for telephone equipment based on the approved plans and scope by the City of Riverside and AT&T.

October 2019-June 2020 Sator Oil Work Order#1908362
Tract 31542 Lots 4, 5, & 7
Installation of various conduit sizes (2"to 5") for electric and streetlight facilities. Installation of 3x5x4 pull boxes, installation of Pedestals, and grounding Hand Holes. Also performed trenching for joint underground facilities for telephone equipment based on the approved plans and scope by the City of Riverside and AT&T.
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October 2019-March 2020 City of Riverside PO#2020868
Cable Rejuvenation at Canyon Crest-Areas 3 & 4
Project consisted of testing and treatment of up to 30,878 feet of cable. Cable was #2 Al 15kV HMPE and XLPE in conduit. Work was also in conjunction with minor GO165 repairs and upgrades.

November 2015-October 2019-City of Pasadena-Furnishing Labor & Materials for Overhead, and Underground Projects. Repair and maintenance of overhead and underground facilities, underground GO 165 inspections. Work consisted of, but not limited to pulling and splicing of underground cable, installing crossarms, poles switches, performing teardowns of existing facilities. Contract #30216 October 2018-October 2019 City of Moreno Valley Contract #2018-401 Project No. 805-0044-30-80-Alessandro Crosstown Tie; Conduit, Cable, and Related Electrical Infrastructure
Project consisted of installation of and energizing a new 12kV electrical backbone system within the City of Moreno Valley. This includes installation of conduit, underground structures, and cable along with related electrical facilities to tie the city's electrical distribution system's MOVAL Substation Planning Area to its Centerpointe Planning Area.

February 2019-September 2019
Subcontractor to Prime; Prime Contractor-Hensel Phelps
Subcontract No. 4018158.0250500-Southern California Consolidation Project State #140769 SCCP-Riverside
Project consisted of installation of underground conduits from and to existing underground transformers.

Installation of underground conduits for streetlight hand holes, underground utility vaults, and manholes, mandrel test of all conduit with reports, tree removal, installation of communication box, installation of traffic pull box.

August 2018-August 2019
Subcontractor to Prime; Prime Contractor-Mel Smith Electric, Inc.

Apex Job No. 091-SDLA-062-Electrical Upgrade at DFSP San Pedro Naval Base Project consisted of installation of underground and overhead 34.5kV and 2.4kV electrical system and associated hardware.

January 2019-June 2019 City of Riverside PO#194019
RPU 7583-15kV Circuit Breaker Remote Racking System Installation Project consisted of installation of Safe-T-Rack remote racking systems on thirteen (13) switchgears located at six (6) substations. This included installation/retrofitting remote racking system to Switchgear (85 switchgear breaker units) and infrared windows.

January 2019-February 2019-City of Pasadena Contract#31328 Alpine Street Utility Pole Removal
Project consisted of removal of 25 obsolete utility poles within Pasadena as part of the City's program to underground all overhead electric systems, specifically communication and power lines. The project location was along Alpine Street from S. Marengo Avenue to El Molino Avenue approximately one half mile.

November 2018-February 2019 City of Anaheim Master Agreement Yorba Substation Switchgear Upgrade Project (Phase 2)
Project consisted of removal and replacement of 12kV cables, mandrel 12kV duct banks, utility pole removals with associated hardware (crossarms, anchor guys), removal and replacement of transformers with associated hardware, installation of 15kV clamps connectors jumper, installation of duct banks, demolition of manholes with backfill per City requirements. 495
January 2018-October 2018-City of Anaheim Master Agreement Telecommunication facility installation and relocation of facility; utility pole removal. Project consisted of repair and installation of telecommunications infrastructure and security equipment to both underground and aerial facilities. The new facility equipment was connected to existing City underground and aerial facilities.

August 2018-August 2018-Montebello School District
Subcontractor to Prime; Prime Contractor-Pacifica Electrical Contractors Inc.-PO#12588 Montebello Intermediate School Interim Housing-Phase I
Overhead Cable Installation onto Wood Utility Poles
Project consisted of installation of 4/0 Aluminum Triplex and Quadplex conductor and associated hardware onto wood utility poles
October 2017-April 2018 -City of Anaheim Master Agreement Installation of primary concrete-encased conduits (2-4") duct bank system with substructures such as switch vault, primary pull box, mandrel conduits, installing pull robes. Rehabilitation of 12kV overhead circuit to improve system reliability. Installation of primary and secondary conductors, primary risers, overhead line and/or neutral conductors, primary and secondary connections, and terminations. Project also included power pole replacements with transfer of services including street light hardware.

Replacement of 30,000 Lumen street lights with LED equivalent, 200 watt street light utilizing the existing street light mast arm on wood distribution pole.

October 2016-April 2017-City of Anaheim Master Agreement Provide labor and equipment to install primary/secondary service conduit and related work upgrading the underground system. Work also consisted of excavating and backfilling of underground facilities, replacing/transferring utility poles, primary and secondary wire, cross arms, transformers, cutouts, lighting arresters, streetlights, bird guards/covers, guy wires, guy anchors and all other associated hardware.

August 2016-April 2017-City of Anaheim, Master Agreement Repair and install telecommunications infrastructure and security equipment, both underground and aerial, and connect equipment to existing City equipment. Installation of 24-strand and 6-strand fiber optic multimode cable, using electrical duct banks to various electrical vaults, communication vaults and PMC cabinets.

July 2016-April 2017-City of Anaheim, Master Agreement
Replacement of existing underground 6.9 kV systems. Installation of primary concrete-encased conduit duct back system, and concrete encased secondary conduit system in open trenches. Work also included installing electrical substructures such as electric vaults, transformer pads, primary and secondary splice/pull boxes, mandrelling conduits, installing pull ropes.

June 2016-October 2016-City of Anaheim, Master Agreement Replacement of 12kV distribution vault V-58, and installation of communications vault. Installation of primary concrete-encased conduit duct back system, and concrete encased secondary conduit system in open trenches and other electrical substructures such as electrical vaults, transformer pads, primary and secondary pull boxes, mandrel conduits. Work also included rehabilitation of 12kV overhead circuit to improve system reliability. Installation of primary conductors, primary riser, overhead line and/or neutral conductors, primary and secondary connections and terminations, overhead transformer and pole replacements.
496
October 2016-November 2016-City of Riverside, Contractor's Panel Project Cable Rejuvenation Pilot Project. Work consisted of testing and treating 8,500 feet of #2 AI 15kV HMPE and XLPE cable in conduit in conjunction with GO 165 repairs and upgrades.

December 2015-July 2016-City of Riverside
Casa Blanca Substation Circuit 1351 Extension for California Baptist University Campus Capitol Improvements. Installation of substructures, vaults, duct banks, and trenching for underground electrical system.

January-March 2016-City of Anaheim, Master Agreement
Relocate Overhead & Underground Electrical Lines & Direct Buried Cable Replacement Replacement of existing underground 6.9kV system. Installing primary and secondary concrete-encased conduit duct bank system. Installation of underground vaults, transformer pads, primary and secondary splice/pull boxes. Installation of direct buried cable.

August 2015-December 2015-City of Anaheim, Master Agreement Direct Buried Cable & Pole Replacements
Installation of 6.9kV primary, service/secondary conduit and related work upgrading the underground system. Installation of 1-2” street light SCH 80 PVC conduit. Installation of cable for streetlights and make connections, splice and redirect existing services and street light cable into new pull boxes. Work also consisted of replacement of existing utility poles and wires per design.

July 2015-October 2015-City of Anaheim, Master Agreement Vault 1 Rehab and Vault 2 Demolition
Work consisted of rehabilitation of Vault 1 with installation of structural panelized vault system within vault. Demolish Vault 2, and associated fiber optic relocation work.

September 2010-June 2015-Burns & McDonnell Tower Inspections-SCE Tehachapi Renewable Transmission Project Segments 4-11 located in Antelope Valley, CA Inspection of lattice steel towers and pole climbing inspections from ground and air. Inspections of foundation conductor stringing, overhead ground wire installation, fiber optic cable installation and all related hardware. Various Work Orders.

Word Order package number one
Contract term September 2010-December 2011
Work Order package number two
Contract term January 2011-December 2011
Work Order package number three
Contract term November 2010-December 2011
August 2014-August 2015- City of Anaheim, Master Agreement GSE Switch Replacements
Work consisted of replacing existing GSE switches, and primary underground cables with new Vista gas switches (VGS) and primary underground cables.

September 2014-April 2015-City of Anaheim, Master Agreement Automate 13 Existing Overhead 12kV Capacitor Banks & Install 2 New Capacitor Banks Work consisted of upgrading fifteen pole type capacitor (CAP) banks located on the Knott, Cindy, Jewel, Keith, Long, Ranch and Toni 12kV Circuits.
497
August 2014-April 2015- City of Anaheim, Master Agreement Fiber Access to Mira Loma Park, Community Center and Well #58; Direct Buried Cable Replacement R163/R-164 Work consisted of replacement of 6.9kV system. Furnishing and installing primary concrete-encased conduit duct bank systems and concrete encased secondary conduit systems. Installation of vaults, transformer pads, primary and secondary splice/pull boxes. Project also consisted of repair and installation of telecommunications infrastructure and security equipment.

March 2014- December 2014 City of Anaheim, Master Agreement Orangethorpe Grade Separation Project at Lakeview Avenue- 12kV Electrical Installation and Removal and Fiber Optics Access to Fire Stations #9 and 10, and TW Telecom. The work shall consist of furnishing all labor, materials, tools, equipment for the installation and removal of 12kV overhead and underground electrical facilities to accommodate the Orangethorpe Grade Separation Project..

February 2014-October 2014- City of Anaheim, Master Agreement Direct Buried Cables Replacement R-378/461 at Leafwood Drive.

Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes.

February 2014-October 2014- City of Anaheim, Master Agreement Direct Buried Cable Replacement R-281/509 at Leafwood, Burlwood, and Rimwood. Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes.

February 2014-June 2014 City of Anaheim, Master Agreement Direct Buried Cable Replacement R-400/405 on Grinnell St. and Kentucky Ave.

Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes.

November 2013-March 2014 City of Anaheim, Master Agreement Direct Buried Cable Replacement of Riser Loop R-212/213 at Woodsboro Avenue and Big Spring Street.

Work shall consist of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes.

November 2013- February 2014 City of Anaheim, Master Agreement Direct Buried Cable Replacement R-213 at Woodsboro Ave, Kettle Mill Place and Hinsdale Place Work consisted of furnishing all labor, materials, tools, equipment, truck stock material, and the appurtenances necessary for the replacement of existing underground 6.9kV systems. Also includes furnishing and installing primary concrete-encased conduit duct bank systems in open trenches, electrical substructures such as vaults, transformer pads, primary and secondary splice/pull boxes; mandrel ling conduits, installing pull ropes, utilizing approved state-of-the-art directional boring equipment to install City approved galvanized steel conduit for the replacement of direct buried cable in specified locations within the City of Anaheim
September 2013-January 2014 City of Anaheim, Master Agreement Substructure/Conduit Install for Future UG Conversion Project Westmont Ave.

Work shall consist of furnishing all labor, materials, equipment, truck stock material, and appurtenances necessary for the replacement of existing underground 6.9kV systems. 498
November 2013-December 2013 City of Pasadena Contract No. 21,534/Specification LD-13-8 Construction of Underground Electrical Conduit Systems in City Yards for Test Lab Power Work consisted of removal and replacement of existing concrete and asphalt pavement, conduit installation including concrete encasements, install precast concrete vaults and boxes with covers, vents, ground rods, sump pump piping and necessary accessories, installation of new 600 volt switchgear foundation and pull boxes.

October 2013-December 2013 City of Riverside, Contractor's Panel Project Bid#1325777-14RPU Work consisted of installation of underground electric vault, manhole, switch structure and conduits to serve a new commercial building for the Riverside Community Hospital Expansion.

July 2013-December 2013 City of Anaheim, Master Agreement Relocation of Overhead to Underground 12kV and Fiber Optics Facilities for Lincoln Avenue Work consists of potholing and intercepting an existing 12kV and fiber optics cable in an existing concrete encased conduit duct bank and re-routing the duct bank to a new riser pole. The work also includes removing the existing 12kV fiber and fiber optic cables from the existing vault to the existing underground riser pole and replace with new cable from the vault to the new riser.

June 2013–December 2013 City of Anaheim, Master Agreement V49 Replacement – Substructure, Electrical and Automation Installing primary concrete-encased-conduit duct bank system and concrete encased secondary conduit system in open trenches, install other electrical substructures such as vaults, transformer pads, primary and secondary pull boxes. Install 6” & 4” DB 100 PVC concrete encased primary conduit system, a 4” concrete encased secondary conduit system, and primary splice/pull boxes.

August 2013-November 2013- City of Anaheim, Master Agreement Substructure and Conduit Installation Direct Buried Cable Replacement Callout for Emergent Locations & Overhead Copper Cable/ Pole Removals.

Work consist of furnishing all labor, material, tools, equipment, truck stock material, and appurtenance necessary for the replacement of existing underground 6.9kV systems and to remove and dispose of poles and overhead copper communication cables.

June 2013-November 2013 City of Anaheim, Master Agreement Direct buried cable replacement of Riser Loops R-715/718 and R-716/717 Work consists of replacement of installing primary 6.9kV systems. Installing primary concrete-encased conduit duct bank systems, and concrete encased secondary conduit systems. Work also consists of installing new 4” DB 100 PVC concrete encased conduit system and splice/pull boxes.

June 2013–September 2013 City of Anaheim, Master Agreement FY 12-13 Graffiti abatement program – Graffiti removal and artificial Ivy installation on padmount equipment.

December 2011–September 2013- Kenny Construction Company – Devers-Palo Verde No. 2 500kV and 220kV Transmission Line, Substation and Related Work Project. Located at various locations along the transmission line route in Southern California.

Kenny Construction is now known as Granite Construction. 499
June 2013–August 2013 City of Anaheim, Master Agreement Direct buried cable replacement - Hondo Street, Phase I.

Installation of primary service/secondary conduit and related work upgrading the underground system.

Installation of 1-4” PVC DB100 6.9kV primary conduit concrete encased at a 48” minimum depth.

Installation of 1-4” PVC DB100 service/secondary conduit at a 36” minimum depth. Installation of 1-2” street light SCH 80 PVC conduit at 18” minimum depth.

November 2012 –December 2012 – Southern California Edison-Perform streetlight repair and/or maintenance to streetlight poles on an as requested basis by the Edison representative and on a fixed unit price basis.

Palm Springs District. PO#4500537953
January 2012–June 2012- I.E. Systems – Install 12.47kV Overhead power line from new switchgear building to existing overhead lines. Inspection of transformers, testing transformer. Installation of overhead power poles and conductors. Augustine Casino, Cochella, CA.

December 2011- June 2012 Southern California Edison Santa Ana District-Perform streetlight repair and/or maintenance to streetlight poles on an as requested basis by the Edison representative and on a fixed unit price basis. PO#4500474323
December 2004-March 2005 – Southern California Edison, Rule 20A, Pico Rivera, CA, Whittier District.

Installed underground cable, transformers, and burd switches, cutover to underground facilities, removed existing overhead facilities.

July 2003 – March 2005 – Southern California Edison, Montebello District. Meter and service work on a T & E basis.
2001-April 2005 – Southern California Edison SOLO Streetlight maintenance project. Overhead and underground electrical construction associated with the repair of the existing street light systems throughout the Edison territory within Southern California. 1988-Convert existing 4 KV and 16 KV underground system. Pulling primary and secondary cable, riser construction and termination, convert customer services to underground system. Southern California Edison Company, Montebello District.
1984-Street Light Installation and Conversion, including installation of new street lighting, street lighting posts and fixtures, and conversion of existing streetlights. Southern California Edison Company, Santa Monica District.
1983 - Street Light Conversion involving the removal and replacement of 6,000 streetlights, including rearrangement of circuits and removal of arc circuits. Southern California Edison Company, Montebello District.
500
Potholing Services In Support of Eastfield Dr. SCE Rule 20B Brentwood, CA 94513
9020 Brentwood Blvd., Suite H
Hot Line Construction, Inc.

Mark Meekhof
(805) 574-5160
Contact:

Phone:

Fax:

Quote To: City of Rolling Hills 24040008740 Bid Number
Attn: Christian Horvath Bid Date: 04/09/2024
Phone: Advertised Date: 03/25/2024
Fax: Date of Plans: 12/30/2023
Revision Date:

ITEM DESCRIPTION QUANTITY UNIT
POTHOLING FOR (6) - 7' x 18' x 8' VAULT

LOCATIONS

6.00 EA
OBTAINING NO FEE PERMIT FROM RHCA 1.00 LS

RESTORING POTHOLING LOCATIONS PER

RHCA STD

6.00 EA
TRAFFIC CONTROL 1.00 LS
GRAND TOTAL $57,915.00
NOTES:

PROPOSAL TERMS & CONDITIONS
Hot Line Construction, Inc. is currently the maintenance contractor for two (2) of Edison's districts. We have had recent experience of pot holing for, and installing hundreds of vaults for Rule 20 projects, upgrades, and repairs for Southern California Edison.

General Conditions
* Unless specifically stated, this proposal is valid for thirty (30) days. * This proposal is based on a mutually agreed upon schedule and contract * This proposal only includes the specific bid items listed. * Unless expressly included in the itemized work to be done, unusual site conditions such as buried trash, concrete, abandoned utilities, mud, etc., that were not apparent on the surface or expressly disclosed in writing prior to the date hereof, additional compensation will be charged.
* Price quoted is based on work being performed in one (1) move in to the site. Additional mobilizations to be done at additional cost.
* Bid includes normal working hours:8 hours shift, Monday through Friday, between the hours of 7:00am and 4:30pm. All hours worked outside of normal time to be billed at overtime or premium time rates, as applicable by IBEW Local 47 agreement. * Any rock encountered will be considered an extra. Excavation that cannot be productively dug with a Cat 420 Backhoe using a 24" bucket, according to the most current Caterpillar Performance Manual, will be considered rock. * All agreements are contingent on material availability, accidents, act of God, energy shortages, pandemics, force majeure, or other acts beyond our control.
* All Staking shall be performed by a Land Survey licensed in the State of California provided by the others. * Clearing/grubbing/demolition for our work to be performed by others. * This proposal does not include OCIP participation.

501
* Utilities installed by Hot Line Construction, Inc. shall be the responsibility of the Owner/Prime Contractor once the utility has passed preliminary inspection. .
* Utilities installed by Hot Line Construction, Inc. and disturbed by others, will be repaired on a time and material arrangement.

EXCLUSIONS (Unless specifically noted in bid items above): Agency Fee's, Disposal of existing Asphalt with paving fabrics, Allowance for liquidated damages, Permits/bonds/fees, Engineering/testing/staking, Inspection costs, De watering (handling of wet material), Blasting/breaking, Unknown utility line location/protection/delays/interferences, Off-site work, Traffic Plans, Hazardous or toxic materials, Grading re-certifications, SWPPP permits/plans, SWPPP implementation costs, Premium time, and Work during Non-Business Hours.

Hot Line Construction, Inc. is a Supplier Clearinghouse certified WBE company.

502
AZTEC Engineering Group, Inc.
30 Executive Park, Suite 120
Irvine, CA 92614
P: 602.454.0402 | F: 602.454.0403
www.aztec.us

www.aztec.us
April 9, 2024
Christian Horvath
City Clery
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Email: [email protected]
RE: SCOPE OF SERVICES & COST PROPOSAL (SUE)
EASTFIELD DRIVE SCE RULE 20B

CITY OF ROLLING HILLES, CALIFORNIA
Dear Mr. Horvath,
AZTEC Engineering Group, Inc. (AZTEC) is pleased to submit this scope and fee proposal to provide Subsurface Utility Engineering (SUE) potholing services in connection with the placement of underground electric vaults in association the Eastfield Drive SCE Rule 20B Project located in the City of Rolling Hills, California.

NOW, THEREFORE, The City of Rolling Hills and AZTEC agree as follows:

1. POTHOLE / TRENCHING
 Based on the RFP provided by the City of Rolling Hills and a subsequent phone conversation with the Roling Hills Community Association, on April 2, 2024, AZTEC Engineering Group, Inc. (AZTEC) will perform vacuum excavation to clear six (6) locations in which it is intended to place Southern California Edison (SCE) electrical vaults. Per the plans associated with the largest vault (measuring 84” by 114”), AZTEC plans to trench corner-to-corner in a diagonal fashion across individual locations to expose any underground utilities in potential conflict. A total of 24 feet of 6” wide trench will be required at each location with an estimated depth of 6 feet.
 AZTEC assumes that the longest side of the electrical vault will be parallel with the side of the road immediately adjacent to it as shown on the plans.
 AZTEC assumes that the center of each vault will be accurately marked in the field prior to the commencement of field activities.

2. RESTORATION METHOD
 AZTEC assumes from the information provided that mechanically compacted native soil will suffice for backfill with 6” of cold patch asphalt to repair the roadway until construction occurs. AZTEC will complete this at each location daily. Should the City of Rolling Hills or the Rolling Hills Community Association (RHCA) require other, more extensive repairs, a cost can be provided for the additional labor and materials.

3. TRAFFIC CONTROL
 AZTEC will have a professional traffic control company provide a traffic control plan to be approved by the city and the RHCA to approve, labor, and equipment for stop/slow flagger control of traffic at each location.

4. PERMITTING
 AZTEC will acquire all the appropriate permits as indicated in the RFP at no cost to AZTEC. 503
AZTEC Engineering Group, Inc.
30 Executive Park, Suite 120
Irvine, CA 92614
P: 602.454.0402 | F: 602.454.0403
www.aztec.us

www.aztec.us

5. SURVEY/POTHOLE/GEOTECH COORDINATION:
 If required, the corners of the excavated area can be surveyed by others. Project control and datum will need to be provided by the city or the design engineer responsible for the project. AZTEC can coordinate the surveying services required for this effort as an additional cost to the city, if requested.

6. SCHEDULE:
 AZTEC anticipates being able to complete the required field work within 2 weeks of receiving NTP and the issuance of corresponding permits. Contract review, weather and traffic control service availability may impact the schedule and it will be discussed with the city if is in encountered. If surveying is needed to locate each excavation area, the deliverables will be submitted to the city approximately 1 week after receiving the surveying data.

7. DELIVERABLES:
 AZTEC will provide an excavation form for each of the six (6) proposed locations accompanied by a summary sheet of the entire project. Each report will include a rough sketch of the location of the hole, the size, type, and ownership of the facility. Surveying coordinates and datum will be included if any surveying information is provided. Swing ties will be provided if surveying is not available.

8. COST – TRENCH EXCAVATION:
 See attached.

9. ASSUMPTIONS/SCOPE CONSIDERATIONS:
 Access to the sites is clear & free of obstructions, including other construction activities and personnel, and the roadway can support vacuum excavation equipment.  This Scope of Work has been detailed to ensure we are providing the services requested by the client.

Items not specifically listed are excluded from AZTEC’s scope.  If conflicts are found during the excavation of any diagonal area, the balance of the hole will not be excavated without discussing a possible shift in the digging area.  Additional trenching, if necessary, will be discussed with the client and may necessitate a change order.  It is assumed that prevailing wage rates will serve as the basis for our cost estimate and that the work will be issued as part of a task order covering the project.  Possible delays due to weather-related issues will be discussed with the client and additional mobilizations may affect both the schedule and cost.
 Possible delays because of pandemics or other unknown circumstances caused by local government, federal rules, or other guidelines and mandates may impact the surveying effort. The possible infection and subsequent quarantine of our staff may also impact activities. These instances are largely outside of our control and any delays will be discussed with the client when and if they occur. 504
Effective: 04/01/2024
Proposal Prepared For:

Company Name: City of Rolling Hills
Company Address: 2 Portuguese Bend Rd
Rolling Hills, CA 90274
Point of Contact: Christian Horvath
Phone Number: (310) 377-1521
Email: [email protected]
Item Description Unit Unit Cost Qty Estimated Amount
Project Management/Coordination (TC, Meetings, Schedule, etc.) per hour $260.00 8 $2,080.00 Drafting - Pothole Reports per hour $125.00 4 $500.00
Potholes - Mobilization/Demobilization (round-trip) per trip $1,200.00 1 $1,200.00 Potholes - Hourly Vacuum Ex. ($400/hour) per hour $400.00 56 $22,400.00 Potholes - Dispose of Waste per day $75.00 1 $75.00
Potholes $26,255.00
Permit - Local Municipality at cost $0.00 1 $0.00
Expenses: $0.00
Subconsultant - Traffic Control Plans (MUTCD) per sheet $150.00 1 $150.00 Subconsultant - Traffic Control per day $2,500.00 7 $17,500.00 Subconsultant - Concrete/Asphalt Coring per bid $5,000.00 1 $5,000.00 Subconsultants: $22,650.00
TOTAL COST: $48,905.00
We appreciate the opportunity to submit this proposal and look forward to working with you on the project.

Please note that this "Quote" is valid for 90 days from the proposal date and is contingent upon review of the project plans.

Variable project conditions may result in additional costs.

AZTEC Engineering Group, Inc.

Art Mehler
SUE Divison Leader
Subsurface Utility Engineering (SUE) Proposal
AZTEC Engineering Group, Inc.
30 Executive Park, Suite 120
Irvine, CA 92614
Phone:  714‐ 656‐2805    Fax:  714‐754‐1690
Rolling Hills, CA
Client Project No.: 2111184
PCASUE2403
Date of Proposal:

Project Name:

Project Address:

AZTEC Project No.:
4/5/2024
CALIFORNIA (Prevailing Wage)
Utility Investigation - Scope of Work
EASTFIELD DRIVE SCE RULE 20B
45 Eastfield Dr to Outrider Rd
1 of 1 505
Potholing Services for
City of Rolling Hills
RFP

KANA SUBSURFACE ENGINEERING

Potholing Services in Support of
Eastfield Drive SCE Rule 20B Project
For City of Rolling Hills
4/09/2024
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
Attn: Christian Horvath, City Clerk
ERICK CASTRO, MBA, President
[email protected]
Office: 909-204-5987

KANA SUBSURFACE ENGINEERING
12620 Magnolia Ave.

Riverside, CA 92503
909-204-5987
www.kse.construction
License #1002768, A
DVBE #2002785
Tax ID #47-282998, DIR #1000020231
DUNS #080429408 MBE#16001364
CAGE 7TBS5 MCP# 0471157
Dear Mr. Horvath,
Kana Subsurface Engineering (KSE) thanks you for the opportunity to submit this proposal for the Potholing Service in Support of Eastfield Drive SCE Rule 20B PFP. KSE is certified as a DVBE and is a construction company that specializes in underground utilities. KSE was established in 2013 and is currently headquartered in Riverside, CA. KSE has over 60 employees and over 100 years of combined construction and engineering experience while completing multiple state, and local public works projects throughout southern California.

KSE has experience with underground utilities, sewer/storm drain pipeline systems and water pipeline, utility locating, air vacuum potholing. KSE will adhere to all prevailing wage rates and has knowledge of RFP, Standards/Guidelines, AWWA, Caltrans Specifications, DigAlert, WATCH/MUTCD manual and Greenbook Standards. KSE has reviewed, understood, and accepts the Terms and Conditions of this RFP.

KSE has received and reviewed Addendum 1.

KSE is insured by Alliant Insurance Services, Inc. and has a current bonding capacity equivalent to $7,500,000 per contract and $25,000,000 in total aggregate contract value with no complaints of nonpayment by both suppliers and subcontractors. KSE maintains this level of bond capacity today and is in good standing with the surety company.

Thank you for your consideration,
Erick Castro
President, KSE
506
Proposal for:

EASTFIELD DR.-SCE RULE 20B
from
Bid Date:

Time: 5:00PM
4/05/2024 Kana Subsurface Engineering
License: 1002768 Type: A
12620 Magnolia Ave., Riverside, CA 92503

CITY OF ROLLING HILLS
(909) 204-5987 Fax: (714) 986-1416
Project No. S24028

REVISION 49
Item Description Quantity Unit Unit Price Total Price
700 POTHOLES VAULT INSTALLATIONS
01 Potholes (Slot Trench 20' Long) 6.00 EA 6,684.00 40,104.00 02 USA Markout 1.00 LS 650.00 650.00
03 Traffic Control Setup 6.00 EA 1,610.00 9,660.00
04 Sawcut 1.00 LS 1,873.00 1,873.00
05 Paving 1.00 LS 38,985.00 38,985.00
Total: 91,272.00
1350 MOBILIZATION
01 Drive Time 1.00 LS 4,381.00 4,381.00
Total: 4,381.00
0000 ADMIN
01 Pothole Report 1.00 LS 250.00 250.00
 02 Permit/Fees - No Fee 0.00 LS 1,500.00 0.00 
Total: 250.00
Total For POTHOLES VAULT INSTALLATIONS 91,272.00
Total For MOBILIZATION 4,381.00
Total For ADMIN 250.00
Total: 95,903.00
Attachment Enclosed ! = Zero Total Price
— = Locked Bid-Item
4/08/2024 4:01 pm
Estimator: Malo Tauaese Generated by a SharpeSoft Product 507
Job Conditions - Attachment 'A'
EASTFIELD DR.-SCE RULE 20B

Inclusions & Exclusions – “Exhibit A”
This job is bid at prevailing wages
KSE’sscope of work shall include or provide the following:

1. USA Marking—KSE will secure an inquiry identification number from Underground Service Alert at least 48 hours prior to excavation. We will white line the site for USA locators.

2. Backfill—KSE will backfill vacuum excavated potholes using native material. No costs have been included for compaction testing, fill sand, slurry backfill, fog sealing, slurry sealing, or traffic striping. If we are required to perform any of those service a change order will be required.

3. Asphalt Patching—KSE agrees to provide all equipment and personnel needed to do temporary cold asphalt repairs.

4. Paving – KSE has not included cost for permanent paving if needed a change order will be required.

5. Concrete Patching - KSE has not included cost for concrete patching, if needed a change order will be required.

6. Concrete - KSE has not included cost for permanent concrete repair, if needed a change order will be required.

7. Traffic Flagmen—KSE has included costs for traffic flagging operations.

8. Traffic Control— KSE will provide basic traffic control setup for the potholing effort per the WATCH manual on shoulder work or single lane closures. If KSE is required by City to provide extensive traffic control set up to where KSE will need extra labor assistance in order to meet their pothole production rate, and If we are required to use more than 1 arrow board or obtain engineered plans, a change order will be required.

9. Permits - KSE has provided an estimated permit fee cost plus 15%, once fees are known, KSE will provide proof of fees to client and submit change order for plus or minus balance.

10. Compaction Testing of Potholes—No cost for compaction testing of potholes has been included, should the jurisdictional authority require us to conduct compaction testing prior to backfill a change order will apply.

11. Night Work— KSE will provide potholing services at night at an additional cost. If we have to pave at night a change order will be required for plant opening fees, cost +15%. Any additional inspection fees will be passed on to the client on a cost plus 15% basis.

12. Pothole Locations— To be surveyed in by client prior to starting potholing excavations.

13. 2 for 1 Holes - Locations where client is trying to find 2 utilities in 1 pothole attempt will not be counted as one 4/08/2024 4:01PM
Estimator: Malo Tauaese
For Job: EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 508
Job Conditions - Attachment 'A'
EASTFIELD DR.-SCE RULE 20B

if utilities are more than 2' apart. Client will be notified and a change order will be required.

14. Utility Locating—We will attempt to verify the location of each target electronically, although this will not always be possible, due to varying soil types and pipe material types. If we can’t verify the location electronically we will dig where the facility is marked. We will not be responsible for mismarked facilities that are located by others.

12. Asphalt greater than 8” Thick—If the asphalt we are digging in is greater than 8” inches thick a change order will be required.

13. Typical Utility Depth -
? Gas – 3’ to 4’
? SCE – 3’to 5’
? Telephone and CATV – 3’ to 5’
? Water – 4’ to 6’
? Storm Drain – 5’ to 8’
? Sewer – 8’ to 10’
Any potholes not found at typical depths described above and are 10’ plus deep, are subject to change order.

14. Adverse pavement or soil conditions may exist. KSE has assumed potholing to be done at a rate of four potholes a day. If the rate of potholing is not met due to adverse soil or pavement conditions, a change order may apply. If the surface material is thicker than eight (8) inches or the soil has a high content of large rocks greater than three (3) inches in size, a change order may be issued. We will notify you, within 24 hours of discovery, of any condition likely to result in a change order.

15. Contaminated Soil - KSE has not included cost for contaminated soil removal from the premises, if needed a change order will be require.

16. Work hours allowed by City – if KSE does not meet its production rate due to city hours allowed to work in street are less than 8 hours, a change order will be required.

Utility Designating:

1. Utility locator technician(s), equipment and supplies required to perform utility designation. Utility designation will be done using the following types of equipment:
a. Electromagnetic locator – Used for designating conductive targets or those with tracer wire. 4/08/2024 4:01PM
Estimator: Malo Tauaese
For Job: EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 509
Job Conditions - Attachment 'A'
EASTFIELD DR.-SCE RULE 20B

2. KSE shall mark all utilities they identify with paint markings indicating the type of facility found and the orientation of the facility. If the utility is in a dirt area, offset markings will be made to the nearest permanent surface.

3. KSE does not guarantee that all utilities will be identified on the project site. KSE utility designating (locating) service is a best effort service with no guarantee of accuracy or completeness. The client is cautioned that unidentified underground utilities may still be present within the project site after our service has been completed. KSE does not accept liability for any utility damage, or any type of damage, associated with our designating work product.

KSE shall include or provide the following:

1. KSE will provide all personnel, equipment and supplies required to perform utility designation and locating, using vacuum excavation methods (or other approved methods).

2. KSE will provide assistance in securing all necessary plans, reports, or other data as requested by the client.

3. KSE will provide the client, upon execution of the contract, certificates of insurance.

4. KSE will secure all permits necessary, from all jurisdictional authorities, to designate and locate subsurface utilities.

Permits paid for by KSE not included in the proposal shall be passed through on a cost plus 15% basis.

5. KSE will comply with all local, state and federal requirements regarding the safe excavation of subsurface utilities.

6. KSE will provide traffic control for streets with speed limits up to 35 MPH per the WATCH manual. All traffic control in high density or high speed areas, those over 35 MPH, shall be provided as an additional line item.

7. KSE will provide the client with a report about each pothole/target, to include the following information:
? Surface material type & thickness
? Width of the target facility
? Elevation, relative to the surface, of each target facility ? What the facility is made of, when such a material is recognizable ? Picture of the area excavated
? Picture of the exposed target facility (when available)

8. KSE will install a surface marker over the center of the target facility. All measurements taken will be taken to this marker. The surface marker may be any one of the following items or any combination thereof:
? Hub marker (nail with ribbon)
? Stakes, wooden or metal
4/08/2024 4:01PM
Estimator: Malo Tauaese
For Job: EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 510
Job Conditions - Attachment 'A'
EASTFIELD DR.-SCE RULE 20B

? Whiskers/ stake chasers
? Paint

9. KSE will mark each pothole location with the following information:
? Pothole number
? Depth to top of facility
? Type of facility (telcom, tv, water, gas, electric, sewer) ? Orientation of facility (east, west, north, south)

10. KSE will leave the job site in a clean and safe condition.

11. KSE guarantees restoration of pavement, within the limits of the pothole, for 2 years. When the pothole is located in areas other than the roadway, the area shall be restored as nearly as possible to the original condition. All potholes shall be pneumatically tamped to meet or exceed all relevant standards. All holes will be backfilled using native material unless otherwise stated in the proposal.

12. Kana Subsurface Engineering guarantees the accuracy and completeness of its services. If any errors or omissions are found to be the fault of Kana Subsurface Engineering, KSE will correct such errors or omissions at their own expense.

Pothole locations to include survey marking of the desired pothole locations.

Client Requirements:

The client shall provide the following information to KSE prior to beginning work on the project:

1. An electronic file with a base map of the project area, consistent with the file type required by the client or full size, scaled drawings in a hardcopy format.

2. All existing utility information available about the project site: previous locating maps, utility as-built maps, etc.

3. A signed copy of our proposal and scope.

4. Access to all areas of the project site where potholing is required.

5. Preliminary Lien information.

6. Contact information to all relevant project participants:
? Survey Crew
4/08/2024 4:01PM
Estimator: Malo Tauaese
For Job: EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 511
Job Conditions - Attachment 'A'
EASTFIELD DR.-SCE RULE 20B

? Project Manager
? All others with whom the client would like us to coordinate our activities Kana Subsurface Engineering, shall not provide or be liable for the following, unless otherwise specified in our proposal:

1. Removal or treatment of contaminated or hazardous materials encountered on the job site.

2. The digging through of any structural material that may have been placed around the target facility, such as slurry or concrete. In the event a target facility is encased in concrete or slurry, the width, top, and bottom limits of the slurry or concrete will be determined. Additional holes are sometimes required to determine the width and depth of large slurry encasements, all extra holes will be billed at the rate established in the proposal.

3. Locating of non-conductive utilities such as those made of ACP, RCP, PVC, PE, fiber optic or any other non-conductive target material.

4. Any pothole that the facility owner has decided that vacuum excavation equipment may not be used on. California law allows facility owners to prohibit the use of power driven equipment over their facilities. Kana Subsurface Engineering shall not be held responsible for any target which the facility owner will not allow us to use our vacuums on.

5. Kana Subsurface Engineering will not be held accountable for the location of any particular pothole, as the locations are provided by the client. If the client chooses not to provide survey of the pothole locations, prior to excavation, then the pothole locations determined by KSE shall be considered sufficient.

6. The preparation or purchase of any pollution control program, manual or other type of document associated with pollution control.

7. USA mark removal. Many cities have begun requiring contractors to remove all USA markings after they complete their work. Not all cities have such requirements, and as such we cannot always determine which cities do and do not have such requirements. We cannot be held responsible for services that we did not know were going to be required by the permitting agency, unless disclosure of such requirements has been provided prior to our proposal.

General Notes:

1. Both parties shall mutually agree upon Final Scheduling prior to start of work.

2. Any change in the scope of work that would affect the budget set by this proposal’s cost estimate will require the approval of Kana Subsurface Engineering before performing the work.

3. This proposal is based upon all Kana Subsurface Engineering construction work being performed during 8 hour 4/08/2024 4:01PM
Estimator: Malo Tauaese
For Job: EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 512
Job Conditions - Attachment 'A'
EASTFIELD DR.-SCE RULE 20B

normal working hours between 7:00 AM to 5:00 PM.

4. This proposal is based upon progress payments being made no later than thirty days after invoicing. 4/08/2024 4:01PM
Estimator: Malo Tauaese
For Job: EASTFIELD DR.-SCE RULE 20B Generated by a SharpeSoft Product 513
Addendum Description
Sample Agreement
Notice Modifications
Category Modifications
Added Documents[A]
Thank you for your interest in our bid opportunities and we welcome you to submit a response. Please be sure to review and comply with all specifications and requirements.

Notice Information From Value To Value
No entries
Added Categories
No Categories Added
Removed Categories
No Categories Removed
Document Size Uploaded Date Language

GR_OES_240325_DesignServicesAgreement_Potholing_Sample.pdf [pdf]
402 Kb 04/03/2024 11:03 AM EDT English
GR_OES_240325_Eastfield_UU_20B_Potholing_RFP - POTHOLING SERVICES IN SUPPORT OF EASTFIELD DRIV...

Addendum No: 1 (Published)
04/08/2024 02:14 PM EDT Page 1 of1
514
References
12620 Magnolia Ave  Riverside, CA 92503  P (909) 204-5987  www.KSE.Construction  LIC 1002768 A Contact Name: Vincent Lundblad.

Title: Senior Right of Way Agent
City or Agency: CalTrans (Dept of Transportation)
Phone Number: 909-381-2975
Email: [email protected]
KSE Project Manager: Malo Tauaese
Project Name: On Call Potholing San Bernardino County
Project Scope of Work: Potholed over 400 existing utilities on CalTrans Right of Way throughout the County of San Bernardino. Repaired asphalt and created pothole reports.

Contact Name: Mark Hanna
Title: Project Manager
City or Agency: Jacobs Engineering/SoCal Gas
Phone Number: 805-674-5734
Email: [email protected]
KSE Project Manager: Malo Tauaese
Project Name: On-Call Potholing for Gas Lines and valves.

Project Scope of Work: Potholed over 350 gas location for SoCal Gas and Sempra throughout Southern California and created pothole reports for Jacobs Engineering.

Contact Name: Marc Smith
Title: Utilities Principal Analyst
City or Agency: City of Riverside
Phone Number: 951-316-0869
Email: [email protected]
KSE Project Manager: Malo Tauaese
Project Name: City Wide Locate
Project Scope of Work: Work included locating water, sewer, electric utility lines throughout the city of Riverside after contractors called DigAlert. Located 30,000 tickets each year for the last 2 years.

Contact Name: Stewart Noble
Title: Inspection Supervisor
City or Agency: City of Anaheim Public Works
Phone Number: 714-765-4591
Email: [email protected]
KSE Project Manager: Malo Tauaese
Project Name: Annual City-Wide Utility Locate
Project Scope of Work: Work included locating water, fiber, electric utility lines throughout the city of Anaheim after contractors called DigAlert. Located 25,000 tickets each year for the last 7 years.

Contact Name: Jorge Macias
Title: Underground Pipe Field Engineer
City or Agency: Kiewit
Phone Number: 310-947-0768
Email: [email protected]
KSE Project Manager: Malo Tauaese
Project Name: San Fernando Valley Groundwater Remediation Project Scope of Work: Potholed over 300 utility locations throughout LADWP right of way. Coordinated permits and asphalt repairs with City of LA.
515
12620 Magnolia Ave.

Riverside, CA 92503

CAPABILITY STATEMENT

PROFILE
Certified
DVBE #2002785
MBE #16001364
SDVOSB
DUNS #080429408
CAGE #7TBS5

CA LICENSE
#1002768 A & C-10

BONDING

CAPACITY
$10 Mil. Single
$25 Mil. Aggregate
NAICS
237110
561990
237130
238910
237990
237210
OSHA Golden
Gate Cert. G2711
Est. 2013

OVERVIEW
KSE is a certified DVBE construction company that provides underground utility and other general construction services throughout the state of California.

KSE’s team of surface utility engineering specialists are experienced professionals utilizing modern tools and technology to ensure quality services and data management to provide exemplary and accurate information.

We strive to maintain our reputation as a subsurface utility engineering contractor and industry leader that completes the job safely, on time and within budget.

Utility Locating
Accurate Utility Marking
Utility Survey Mapping
Public & Private Utilities
Electromagnetic Locating
Air Vacuum Potholing
Verification
Mapping
Non-Destructive

PAST PERFORMANCE
City of Anaheim- City Wide Locating Fiber, Water & Electric 2017-2023 CalTrans - On Call Potholing for San Bernardino County 2019-2023 City of Riverside - City Wide Locating Power, Sewer & Water 2021-2023 Dept. of Corrections - On Call Locating 2018
Michael Baker Intern. - I-5 Crown Valley Expansion Potholing 2017 Spec Service Inc. - BNSF SoCal International Gateway 2017 Parsons - I-10 HOV Lane Potholing 2017
Jacobs Engineering/Sempra- On Call Potholing 2018-2023
Kiewit/LADWP - San Gabriel Groundwater Remediation Potholing 2020 POC: Malo Tauaese
[email protected]
Cell: 909-767-5315
Office: (909) 204-5987
www.kse.construction
DIR # 1000020231
CA License #1002768, A & C-10
Subsurface Utility Engineering
Flag Pole Design and
Installation
Engineered Designs
Wind Calculation
516
Test Hole # SUE Crew
Date Dug Truck #
Client Project # City
Project # County
Location
Purple Reclaimed
Blue Water
Green Sewer
Orange TV/Telco
Yellow Gas
Red Electric
FACING North

2.38 PIPE WIDTH/O.D.
-3.03 3.03 TOP DEPTH
(FEET)
-3.23 3.23 BOTTOM

RIBBON COLOR (FEET)
COORDINATES: LAT 37.1080988 LONG -120.15222538
STATIONING: STATION OFFSET

SIZE TYPE
REMARKS:

PREPARED BY: CHECKED BY:

TEST HOLE DATA REPORT
01 BRIAN/DENNIS
5/26/2022 4703
2419-0010-WD CHOWCHILLA
813 Tel. (909) 204-5987 Fax. (714) 986-1416 MADERA
21633 Avenue 24, Chowchilla, California

LOCATION PLAN - NOT TO SCALE
N
APWA Color Code
Site Pictures CROSS SECTION - NOT TO SCALE

SURFACE ELEVATION

TOP ELEVATION

BOTTOM ELEVATION

RED/ORANGE/BLUE

PAVING THICKNESS N/A PAVING TYPE N/A
CREW EXPOSED3-2" PVC CONDUITS ELECT/COMM T/ 3.03 & 1- 12" DI WATER T/P 3.95 Brian Snowball

SOIL CONDITION DIRT
2"
PVC -

ELECT/COMM/WAT FACILITY OWNER VSP

2.38 12620 Magnolia Ave, Riverside CA 92503
517
518
1921 West Eleventh Street • Upland, CA 91786 O:(909) 946-0905 F:(909) 946-0924 State License: CA 765716 • NV 0074442 • AZ 278321 • HI C 32256 1 of 2
April 9, 2024
Bid #24-03-032
City of Rolling Hills
2 Portuguese Bend Rd
Rolling Hills, CA 90274
Attention: Christian Horvath
RE: Pothole Services in Support of Eastfield Dr SCE Rule 20B Christian,
SOW: This price is based on the Potholing for 6 vault locations as identified on SCE’s Preliminary Design Plans for the Rule 20B project.

Lump Sum Grand Total: $62,719.00
Thank you for the opportunity to bid this project. We look forward to working with you and your firm in the future.

Please call if you have any questions?
Sincerely, Customer Approval: ____________________
Date: ________________________________
VCI Construction, LLC
Kevin Ventroni
Estimator/Project Manager
519
1921 West Eleventh Street • Upland, CA 91786 O:(909) 946-0905 F:(909) 946-0924 State License: CA 765716 • NV 0074442 • AZ 278321 • HI C 32256 2 of 2
April 9, 2024
Bid #24-03-032
POTHOLING SERVICES IN SUPPORT OF EASTFIELD DRIVE SCE RULE 20B

JOB SPECIFIC CLARIFICATIONS

1. Bid includes prevailing wage rates.

2. Price includes hot base paving.

3. Open Trench Potholing.

4. Native Backfill.

GENERAL CONDITIONS

1. Pricing referenced in this proposal will remain in effect for 60 days.

2. This document shall be a legally binding contract between VCI Construction and Its potential Customer.

This proposal shall be included as an attachment in its entirety to any other contract that either firm shall enter on this project.

3. No Retention to be held.

4. This proposal is based upon a normal working schedule of 8 hours per day and 40 hours per week, Monday thru Friday, excluding VCI Construction Holidays.

5. Billings and Payments shall be monthly or at completion of VCI’s work, at VCI’s discretion. All payments on undisputed invoices due within 30 days of invoice date.

STANDARD EXCLUSIONS

1. Scheduling conflicts and delays outside of VCI’s control and liquidated damages.

2. Obstructed working conditions outside the control of VCI due to other subcontractors.

3. Handling and / or removal of any hazardous or contaminated materials or spoils.

4. Locating or mitigating any unknown utilities.

5. Relocation of existing utilities in conflict with the designated pathway.

6. Dewatering of any kind is not included if ground water is incurred.

7. Price does not include soils/compaction testing if required.

8. Price does not include any surveying or engineering.

9. Price does not include grind & overlay or slurry seal. 520
Agenda Item No.: 13.D
Mtg. Date: 04/22/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: APPROVE THE ROLLING HILLS COMMUNITY ASSOCIATION LEAD

RESPONSIBILITY FOR THE COMBINED TENNIS COURT ADA AND

CABANA PROJECTS AND CITY TO TAKE LEAD FOR CONSTRUCTION
OF THE SUBSEQUENT TENNIS COURT #1 EXPANSION PROJECT
DATE: April 22, 2024
BACKGROUND:

At the June 12, 2023 City Council Meeting, city staff reported on a coordination meeting with the Rolling Hills Community Association (RHCA) held in May 2023. At this meeting, it was communicated that the City's Tennis Courts ADA Improvement Project would incorporate the grading and retaining wall to support the RHCA's Cabana improvement/amenities project. This addition to the City's improvement plans was determined based on the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. City staff, RHCA, and Bolton Engineering held two subsequent coordination meetings on June 6, 2023 and June 14, 2023 to discuss outstanding items and update all parties.

At the June 26, 2023 City Council meeting, staff reported the following:

A review of the City's improvement plans was completed and approved by the RHCA Architectural Committee on June 13, 2023.

The remaining outstanding review comments by Los Angeles County Building and Safety (LACBS) were to provide approval of the improvement plans from the Planning Department and the RHCA. Bolton Engineering resubmitted plans with these required approvals for a final round of plan checks on June 15, 2023.

Staff anticipated that the Tennis Courts Improvement Project would be ready to advertise for construction bids in July 2023
Several other RHCA projects were being coordinated to ensure any City improvements account for these future projects, including:
the new Cabana
revising the landscape, irrigation, and lighting plans, and a retaining wall submittal.

The plans for the new Cabana were scheduled to be submitted to LACBS in early July 521
2023. Once the plans for the Cabana were completed for the first submittal to LACBS, the RHCA would then present them to the City Council at a future meeting for feedback.

The City Council directed staff to advertise the Tennis Court ADA Improvement Project for bids and approved the allocation for landscape, irrigation, and lighting plans. The City Council will be provided the opportunity to review the results of the construction bids and ultimately decide whether to award a contract at a later date. Staff had received construction estimates for the Tennis Court ADA Improvement Project in the amount of $300,000. In recent months, the RHCA had worked with Richie-Bray, Inc. for the landscape, irrigation and lighting plans.

After outreach from staff, Richie-Bray, Inc. had indicated a willingness to complete these plans for the city for the sum of $7,000.00.

On July 10, 2023, the City Council approved Resolution No. 1344, authorizing a budget amendment to transfer $307,000 from reserves to the Capital Projects Fund for this project.

On March 25, 2024, City staff provided a status update to the City Council as outlined in this report.

DISCUSSION:

Since the June/July 2023 City Council updates, the project has proceeded through the plan review process with the Los Angeles County Building and Safety Division (LACBSD). The Tennis Court ADA Improvement Plans comprised of the Retaining Wall Plans and Grading / Drainage Improvement Plans were approved (September 27, 2023 and December 26, 2023 respectively).

Plans to construct a new Cabana, including a restroom and trellis (Cabana Improvement Plans), have completed the first plan review with LACBSD providing comments on November 13, 2023. The Cabana Improvement Plans were resubmitted to LACBSD and approved on March 27, 2024. Per a meeting with LACBSD on February 29, 2024, it was determined that submittals/approvals to/by the Los Angeles County Fire and Public Health Departments are also required before LACBSD will approve as final. RHCA is coordinating with its Project Architect to ensure these submittals/approvals are obtained.

City Staff and RHCA continue with coordination meetings to keep their respective projects moving forward. These meetings have included discussions on the most efficient and effective process towards construction of the two projects and which entity should start their respective project first to avoid redundancy or other issues. Currently, the city is responsible for the tennis court ADA improvements, while the RHCA is responsible for the new Cabana and the future tennis court expansion project to accommodate pickleball courts (scheduled to take place after the ADA and Cabana projects are completed). Analysis indicates that it may be most efficient (while not a necessity) for the Tennis Court ADA Improvements and the Cabana Improvements to be constructed as one project. One concept proposed is to have the RHCA modify its project to include the Tennis Court ADA in addition to the Cabana project. The City would then modify its project to include the tennis court expansion project.

To facilitate this concept and understand each agency's financial responsibility, RHCA has hired a construction manager to prepare a detailed construction cost estimate for the ADA and Cabana improvements as a single project. Similarly, city staff has contacted two firms that previously provided proposals to the RHCA in 2022 for the tennis court expansion and requested updated proposals for construction as a City capital project. By March 20, 2024, 522
staff had received an updated proposal from one of these firms.

The tennis court expansion project would take place after the construction of the Tennis Court ADA/Cabana Improvement Project and involves the following:

Submitting Grading / Drainage plans and obtaining approval from LACBSD. Note: The plans have been prepared and are ready to be submitted to LACBSD Preparing and submitting Retaining Wall Plans and obtaining approval from LACBSD.

Removing the existing tennis court, constructing the grading/drainage improvements and a new larger court to accommodate four pickleball courts.

A draft timeline is attached to provide an understanding of the staging for each project and estimated length to complete.

While a complete cost estimate for the Tennis Court Expansion Project has, to date, not been prepared, the majority of construction efforts involve removing the existing court and constructing a new court. That amount is estimated at $260,000, which includes a 20% contingency for cost increases. Other costs will include grading, drainage improvements, retaining wall, inspection and construction management services for this project.

Required CEQA review will be addressed at the time of contract award.

FISCAL IMPACT:

Projected costs at this time are not finalized. For the Tennis Court #1 Expansion, staff is assuming a potential expenditure range of $330K to $400K. Currently, the City Council has a remaining $300,000 appropriated in Capital Improvement Fund initially intended for the Tennis Court ADA project. City staff would recommend re-appropriating to a capital account specific to the Tennis Court 1 expansion project.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

PW_CHC_240415_TC-Projects_DraftTImeline.pdf
523
The City of Rolling Hills / Rolling Hills Community Association (RHCA) Tennis Court Projects Draft Timeline:

The following is an ideal sequence assuming no issues/delays.

Tennis Court ADA & Cabana Project (RHCA)
• Obtain All Agency Approvals - June 1, 2024
• Bid Project - June/July 2024
• Approve Bids/Execute Contracts - August/Sept 2024
• Construction (9 months) - Oct 2024 to June 2025
• Close out project - July/August 2025
Tennis Court #1 Expansion Project (City)
• Improvement Plans, Submit May 2024, Approved December 2024 • Bid Project - July/August 2025
• Approve Bids/Execute Contracts - Sept/Oct 2025
• Construction (6 months) - Nov 2025 to May 2026
• Note: Cannot proceed to construction until ADA/Cabana Project completed/closed out 524
Agenda Item No.: 14.A
Mtg. Date: 04/22/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KARINA BAÑALES, CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: CONSIDERATION OF RESOLUTION IN SUPPORT OF THE BIPARTISAN HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT (INITIATIVE 23-0017A1) FOR TARGETED REFORMS TO PROPOSITION 47 (COUNCILMEMBER DIERINGER)
DATE: April 22, 2024
BACKGROUND:

The Homelessness, Drug Addiction, and Theft Reduction Act (23-0017 A1) is a comprehensive legislative proposal meticulously designed to address the complex and interconnected issues of homelessness, drug addiction, and theft within communities. The Act outlines a wide array of strategies and interventions aimed at prevention, treatment, and enforcement to comprehensively address the root causes and consequences of these societal challenges.

Californians for Safer Communities is the official coalition leading the Homelessness, Drug Addiction, and Theft Reduction Act. They are currently collecting signatures for the Act to qualify for the 2024 November General Election. The Act would provide targeted reforms to Proposition 47 that the authors feel legislative proposals alone are unable to deliver.

Councilmember Dieringer requested that this item be brought before the City Council to consider the draft resolution (Attachment A) in support of the Homelessness, Drug Addiction, and Theft Reduction Act Initiative 23-0017 A1 (Attachment B).

DISCUSSION:

Proposition 47 Safe Neighborhoods and Schools Act
Proposition 47, also known as the Safe Neighborhoods and Schools Act, was passed by California voters in 2014. It reclassified certain nonviolent offenses, such as drug possession and theft, from felonies to misdemeanors. The intent behind Proposition 47 was to reduce 525
incarceration rates, prioritize rehabilitation, and redirect cost savings to support mental health and drug treatment programs. Since its enactment, Proposition 47 has generated discussion and debate regarding its effectiveness and unintended consequences. Supporters argue that it has reduced prison overcrowding, provided opportunities for rehabilitation, and promoted fairness in sentencing. However, critics have raised concerns about its impact on public safety, citing an increase in property crimes and challenges related to homelessness and drug addiction.

Homelessness, Drug Addiction, and Theft Reduction Act
A new proposal, called The Homelessness, Drug Addiction and Theft Reduction Act, would amend parts of Proposition 47. The measure aims at reforming laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

The measure will:

Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed. Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic hard drugs, and someone dies as a result.

Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

Increase penalties for people who repeatedly engage in theft.

Introduce new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage or are committed by multiple thieves working together.

There is an argument that the leniency currently under Proposition 47 has led to skyrocketing theft in recent years. Under the new proposal, “an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property.” It would also allow prosecutors to add together the value of property stolen across multiple thefts to exceed the $950.00 threshold for a felony charge and create harsher punishments for organized retail theft rings. Proposition 47 turned most drug possession offenses from felonies to misdemeanors. Right now, non-prescription fentanyl is not listed on Proposition 47 as a hard drug, and the new proposal would create harsher penalties for people who deal fentanyl and other hard drugs.

The Homelessness, Drug Addiction, and Theft Reduction proposal is currently being circulated as a petition. Phase 1 (Qualification), which concludes on April 30th, 2024, needs 950,000 526
total valid signatures (it currently has approximately 550,000). In Phase 2, if the threshold of valid signatures is reached, the initiative will go to California voters in November 2024.

This evening, Staff seeks the direction of the City Council on potentially adopting a resolution supporting the Homelessness, Drug Addiction, and Theft Reduction Act. Attachments to this staff report provide additional information for the Council’s review and consideration.

FISCAL IMPACT:

None.

RECOMMENDATION:

Receive and file. Consider the attached draft resolution and, if supportive, direct staff to return with a resolution for adoption on May 13, 2024.

ATTACHMENTS:

Attachment A - CL_AGN_240422_CC_Prop47_Reform_DraftResolution.pdf Attachment B - CL_AGN_240422_CC_23-0017A1_DrugAddictionTheftReform.pdf Attachment C - CL_AGN_240422_CC_Prop47_FAQs.pdf
Attachment D - CL_AGN_240422_CC_CA_SafeCommunities_FactSheet.pdf Attachment E - CL_AGN_240422_CC_HomelessnessAct_Handout.pdf CL_AGN_240422_CC_Item14A_SlideDeck.pdf
527

RESOLUTION IN SUPPORT OF THE HOMELESSNESS, DRUG ADDICTION, AND THEFT

REDUCTION ACT
WHEREAS: While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 also led to unintended consequences over the past decade.

WHEREAS: Unintended consequences of Prop 47 include repeat and often organized retail theft, innercity store closings, and difficulty convincing people to seek drug and mental health treatment.

WHEREAS: These unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47.

WHEREAS: Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act is currently collecting signatures to qualify for the 2024 November General Election WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.

WHEREAS: Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught.

WHEREAS: This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets.

WHEREAS: The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California.

WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers.

WHEREAS: Breaking the cycle of repeat offenders means addressing the many root causes of retail theft.

WHEREAS: The Homelessness, Drug Addiction, and Theft Reduction Act provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse.

WHEREAS: It’s time for meaningful reforms to our justice system that ensure our communities are safe.

NOW, THEREFORE, BE IT RESOLVED by the City of { }, that the City Council formally expresses support for the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.
528

BELL, MCANDREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
45S CAPITOL MALL, SUITE 600
SACRAMENTO, CALIFORNIA 9S814
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
(916) 442-77S7
FAX (916) 442-77S9
www.bmhlaw.com
September 22, 2023
Re: Initiative 23-0017 -Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas
~ W. Hiltachk
23-0017 A1
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THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1 23-0017 A1
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SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatmentmandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatmentmandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2 531
sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 532
exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 533
(d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly- {1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l)\l/here
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{A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Vlhere
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)\Vhere
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)Where
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
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{JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
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(H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.

W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
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(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9 538
the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
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(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
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(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 541
owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
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(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 543
become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
15 544
(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate MediCal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 545
shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 546
1 Note: These materials were prepared by the Judicial Council’s Criminal Justice Services staff and Richard Couzens, Judge of the Superior Court, County of Placer (Ret.), and are for informational purposes only. The responses are not to be construed as legal opinion or advice. Staff will update questions and responses on a regular basis. Please check for most recent version.

FREQUENTLY ASKED QUESTIONS
Updated November 2016
What is the stated purpose of Proposition 47?
The stated purpose of the proposition is to “ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for non-serious, nonviolent crime, and to invest the savings generated from [the proposition] into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment” and to ensure “that sentences for people convicted of dangerous crimes like rape, murder, and child molestation are not changed.” The proposition states that it “shall be liberally construed to effectuate its purposes.” What is the effective date of Proposition 47?
Proposition 47 became effective on November 5, 2014.

In short, what does Proposition 47 do?
Proposition 47 added and amended various statutory provisions to implement the following three changes to felony sentencing laws:
• Theft and Drug Possession Offenses: Changes certain theft and drug possession offenses from felonies to misdemeanors, except for persons with certain prior convictions.
• Resentencing: Authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions.
• Reclassification: Authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.

Who is not eligible for the changes under Proposition 47? 547
2 Persons with one or more prior convictions for offenses specified under Penal Code section 667(e)(2)(C)(iv)1 or for a sex offense that requires registration under section 290(c) are not eligible for the new misdemeanor, resentencing, or reclassification provisions of Proposition 47.

Instead, those persons generally remain subject to punishment under traditional sentencing rules.

What are the offenses specified under Penal Code section 667(e)(2)(c)(iv) that render someone ineligible for Proposition 47?
Section 667(e)(2)(c)(iv) states: “The defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies:
(I) A ‘sexually violent offense’ as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code. (II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by section 286, or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289. (III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288. (IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive. (V) Solicitation to commit murder as defined in Section 653f. (VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245. (VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418. (VIII) Any serious or violent felony offense punishable in California by life imprisonment or death.” These offenses are sometimes referred to a “super strikes.” What are the offenses that require registration as a sex offender under Penal Code section 290(c)?
Under section 290(c), the following persons are required to register: “Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that 1 Unless otherwise indicated, all statutory references are to the Penal Code. 548
3 date has been or is hereafter convicted of the attempt or conspiracy to commit any of the abovementioned offenses.” Is every person who is required to register as a sex offender ineligible for Proposition 47?
Proposition 47 only excludes persons with prior convictions for a sex offense that requires registration under section 290(c), which enumerates several sex offenses that mandate registration upon conviction. This disqualifier appears to be limited to the offenses enumerated in section 290(c) and not to include persons required to register under other statutory provisions that vest courts with discretionary authority to impose sex offender registration under specified circumstances. (See, e.g., Pen. Code, § 290.006 [Authorizing courts to impose registration for any offenses not listed in section 290(c) “if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for the purpose of sexual gratification”].)
Do the exclusions include out-of-state convictions and juvenile adjudications? It appears so. Proposition 47 excludes persons with a prior conviction for any of the offenses listed in section 667(e)(2)(C)(iv). Section 667(e)(2)(C)(iv) applies if “[t]he defendant suffered a prior serious and/or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies. . . ” – the “super strikes.” (Emphasis added.) The reference to “subdivision (d) of this section” presumably means section 667(d). Section 667(d) provides that “[n]ot withstanding any other law and for the purposes of subdivisions (b) to (i), inclusive, a prior conviction of a serious and/or violent felony shall be defined as” (1) an adult California conviction under sections 667.5(c) and 1192.7(c) [§ 667(d)(1)]; (2) an out-of-state conviction “for an offense that, if committed in California is punishable by imprisonment in the state prison . . . if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of” a California serious or violent felony [§ 667(d)(2)]; and (3) designated juvenile adjudications [§ 667(d)(3)].

Since the definition of “conviction of a serious and/or violent felony” contained in section 667(d) is incorporated by reference in section 1170.18(i), and since that definition specifically includes designated juvenile adjudications, it appears likely that a person who has been adjudicated for an offense listed in section 667(d)(3) will be excluded from the benefits of Proposition 47. While juvenile “adjudications” and adult “convictions” are distinguished in many other contexts, for the purposes of the exclusion under section 1170.18(i), it appears likely that they will be treated the same.

How does Proposition 47 change theft and drug possession offenses? The following theft and drug possession offenses have been reclassified as misdemeanors as specified below. As noted above, these new misdemeanor provisions do not apply to persons with one or more prior convictions for offenses specified under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c). 549
4 • Shoplifting. The proposition added section 459.5 to create a new misdemeanor offense called “shoplifting,” punishable by up to 6 months in county jail. Shoplifting is defined as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours” where the value of the property does not exceed $950. Any other entry into a commercial establishment with intent to commit larceny is burglary. Any act of shoplifting as defined above must be charged as shoplifting. No person charged with shoplifting may also be charged with burglary or theft of the same property.
• Forgery. The proposition reclassified forgery of specified instruments under section 473 involving an amount that does not exceed $950 from a felony or wobbler to exclusively a misdemeanor. The instruments are “a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order.” To qualify as a felony, the proposition appears to require a value over $950 per forged instrument as opposed to a total value with multiple instruments combined, as specified, for example, under section 476a(b): “If the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed nine hundred fifty dollars (950), the offense is punishable only by imprisonment in the county jail…”].) (Emphasis added.) The misdemeanor provision does not apply to any person convicted both of forgery and identity theft under section 530.5.
• Insufficient Funds. Before Proposition 47, a violation of section 476a was a wobbler offense, except that the offense was strictly a misdemeanor if the total underlying amount did not exceed $450, unless the person was previously convicted of one of several specified theft offenses. The disqualifying prior violations are “… Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant’s offense was a violation also of Section 470, 475, or 476 or of this section…” (Pen. Code, § 476a(b).) Proposition 47 increased the total threshold amount for misdemeanors from $450 to $950 and increased the number of disqualifying prior convictions from one to “three or more.”
• Petty Theft. Proposition 47 added section 490.2 to define “petty theft” as “obtaining any property by theft where the value of the money, labor, real or personal property taken” does not exceed $950. Under the proposition, this new definition of petty theft applies notwithstanding section 487 “or any other provision of law defining grand theft.” (Pen.

Code, § 490.2(a).) The new definition of petty theft appears designed to apply regardless of how specific categories of property are treated under separate statutes. Section 487(b)(1)(A), for example, characterizes theft of certain farm crops valuing over $250 as “grand theft.” Under the proposition’s new definition of petty theft, such offenses appear to be misdemeanors if not valued over $950. This new misdemeanor provision is not applicable to any theft that may be charged as an infraction “pursuant to any other provision of law.”
550
5 • Receiving Stolen Property. Before Proposition 47, a violation of section 496 was a wobbler offense, except that if the value of the property did not exceed $950, the district attorney or grand jury may specify the offense as exclusively a misdemeanor “in the interests of justice.” Proposition 47 rendered all violations of section 496 that do not exceed $950 as strictly misdemeanors, eliminating prosecutorial discretion to charge those offenses as felonies.
• Petty Theft with a Prior. Proposition 47 eliminated the offense of petty theft with a prior under section 666 for most defendants by narrowing the category of persons subject to punishment under that section to only include persons required to register under the Sex Offender Registration Act, persons with prior violent or serious felony convictions under section 667.5(e)(2)(C)(iv), and persons convicted of section 368(d) or (e) [specified theft crimes involving elder or dependent adults]. Unlike other references to sex offender registration throughout Proposition 47 (see above), this reference appears to include all persons required to register, regardless of whether the basis for registration was section 290(c) or some other provision under the Sex Offender Registration Act. • Drug Possession Offenses. Proposition 47 reclassified drug possession offenses under Health and Safety Code sections 11350, 11357(a) [concentrated cannabis], and 11377 from a felony or wobbler to strictly misdemeanors punishable by up to one year in county jail.

What is the difference between petitioning for resentencing and applying for reclassification?
Proposition 47 added section 1170.18, which has two distinct procedures for eligible persons seeking relief that hinges on whether the person is currently serving the sentence or has completed the sentence. Persons currently serving the sentence can petition the court to be “resentenced” as a misdemeanor offender under the procedures prescribed in section 1170.18(a)– (e), (i)–(o). Persons who have completed their sentences can apply to the court to “reclassify” their felony convictions as misdemeanors under the procedures prescribed in section 1170.18(f)– (h).

Is there a deadline for petitions for resentencing and applications for reclassification?
Yes. Petitions for resentencing and applications for reclassification must be filed on or before November 4, 2022, or at a later date upon [a] showing of good cause.”(AB 2765, Stats. 2016, ch. 767). Proposition 47 does not define what constitutes “good cause” for this purpose.

Does a person seeking relief under section 1170.18 have the right to counsel? The proposition does not address the right to counsel. Thus, the answer may depend on the stage of the proceedings. For petitioners who are currently serving their sentences, the right to counsel 551
6 issue may be similar to proceedings for a writ of habeas corpus, where the petitioner has no right to counsel in the preparation of the petition, nor during the initial screening by the court. There would likely be a right to counsel, however, during the resentencing stage of the proceedings.

Since no custodial sanction is involved with applications for reclassification, it is likely that there is no right to the assistance of counsel, except, perhaps in contested hearings where the application is opposed by the district attorney.

What should happen if a person is serving a sentence based on a mixture of eligible and ineligible offenses?
Many individuals may have been convicted of a mixture of Proposition 47 eligible and noneligible offenses. As long as the defendant does not have a disqualifying “super strike” prior conviction and is not required to register as a sex offender under section 290(c), there is nothing in Proposition 47 that would prohibit the defendant from petitioning or applying for relief under section 1170.18 as to crimes that are qualified. If relief is granted, the court would likely recompute any remaining sentence to be served with the qualified crime now specified as a misdemeanor.

RESENTENCING OF CRIMES FOR PERSONS CURRENTLY SERVING SENTENCE Who is eligible to petition for resentencing?
Persons “currently serving a sentence” for a felony conviction, whether by trial or plea, who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense are eligible to petition for resentencing. (Pen. Code, § 1170.18(a).) As noted above, persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c) are not eligible for resentencing. (Pen. Code, § 1170.18(i).)
What does the court decide in order to grant a petition for resentencing? The court must confirm that the petitioner is eligible for resentencing and whether the resentencing of the petitioner would create an unreasonable risk of danger to public safety.

Specifically, section 1170.18(b) provides, in relevant part: “If the petitioner satisfies the criteria [for resentencing] . . . , the petitioner’s felony sentence shall be recalled and the petitioner resentenced to a misdemeanor . . . , unless the court, in its discretion, determines that resentencing petitioner would pose an unreasonable risk of danger to public safety.” What are the filing requirements for a petition for resentencing? Proposition 47 does not specify any particular form of petition for resentencing. Some courts have developed local forms that may be used. Unless a superior court adopts a mandatory form as a local court rule, the petitioner may petition the court for relief in any manner that meets 552
7 general pleading requirements. Some courts are permitting oral motions for relief under section 1170.18. Petitions must be filed by November 4, 2022, to be considered by the court, unless the person shows “good cause” for a later filing. (Pen. Code, § 1170.18(j).) What evidence is admissible to determine whether a particular crime qualifies under Proposition 47?
It is unclear what evidence may be considered in determining eligibility for resentencing. In similar circumstances, courts have limited the parties to offering the “record of conviction”:
documents such as the complaint, plea forms, factual basis for the plea as stated on the record, and transcripts.

Who has the burden to establish eligibility for relief? The petitioner has the burden of establishing eligibility for the relief being sought. In the context of section 1170.18, the petitioner will have the burden of establishing that he or she committed a crime which, had Proposition 47 been in effect when committed, would be a misdemeanor. (Pen.

Code, § 1170.18(a).) For example, if the crime at issue is a theft offense, the petitioner must establish that the value of the property taken did not exceed $950. The prosecution, however, likely has the burden of proving that the petitioner is disqualified because of the conviction of a “super strike,” or because of a requirement to register as a sex offender.

Could the petitions of persons otherwise eligible for resentencing be denied for some reason?
Yes, but only on a very narrow basis. Courts may deny a petition for resentencing when the person is otherwise eligible if the court, in its discretion, determines that resentencing the petitioner would pose “an unreasonable risk of danger to public safety.” (Pen. Code, § 1170.18(b).)
What is the definition of the phrase “unreasonable risk of danger to public safety”?
Under section 1170.18(c), the phrase “unreasonable risk of danger to public safety” is narrowly defined as “an unreasonable risk that the petitioner will commit a new violent felony within the meaning of [Penal Code section 667(e)(2)(C)(iv)].” By its express terms, Proposition 47 extends this definition to all uses of the phrase throughout the Penal Code. A divided panel of the Court of Appeal held that the definition of dangerousness in section 1170.18(c) has no application to petitions for resentencing brought under Proposition 36. (People v. Valencia (2014) 232 Cal.App.4th 514, review granted, [Feb. 18, 2015] 183 Cal.Rptr.3d 516.) What will the court consider when determining whether a petitioner is an “unreasonable risk of danger to public safety?”
553
8 In determining whether a petitioner poses an unreasonable risk of danger to public safety, the court may consider:
• The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes;
• The petitioner’s disciplinary record and record of rehabilitation while incarcerated; and • Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. (Pen. Code, § 1170.18(b)(1)–(3).)
Is “dangerousness” considered when imposing a misdemeanor sentence for a new crime?
No. Whether or not the defendant possesses “an unreasonable risk of danger to public safety” only concerns petitions for resentencing under section 1170.18(a). The defendant is entitled to a misdemeanor sentence for a Proposition 47-eligible crime unless he or she has a prior disqualifying conviction, is required to register as a sex offender under section 290(c), or is otherwise excluded by the particular penal statute.

What does “currently serving a sentence” mean for purposes of eligibility to petition for resentencing?
Proposition 47 does not expressly define what constitutes “currently serving a sentence” for purposes of eligibility to petition for resentencing. The plain language of the phrase “currently serving a sentence” appears to apply to eligible persons serving prison sentences and terms of imprisonment in county jail under section 1170(h), including periods of mandatory supervision, which are “suspended” portions of the terms imposed. Whether courts will consider persons on other categories of supervision to be “currently serving a sentence” is less clear. Courts will likely have different interpretations based on the circumstances of the case and legal arguments presented by the parties.

Is a person on formal probation considered “currently serving a sentence” for purposes of eligibility to petition for resentencing?
Proposition 47 does not address whether a person on formal probation for a qualifying offense should be considered “currently serving a sentence” for purposes of eligibility to petition for resentencing. Until further guidance is provided by an appellate court, individual sentencing courts will likely have different interpretations based on the circumstances of the case and legal arguments presented by the parties. On one hand, formal probation, which is often characterized as an act of leniency, is statutorily defined as the suspension of the imposition or execution of a sentence. (Pen. Code, § 1203(a).) Grants of probation, on the other hand, are commonly understood to constitute “sentences” in criminal matters, and probationers are often required to 554
9 serve terms in county jail as a condition of probation. Based on early indications, it appears that many courts consider probationers to be “currently serving a sentence” for purposes of eligibility for resentencing, while some consider probationers to not yet be sentenced and thus entitled to have the qualifying offenses redesignated as misdemeanors without the formal resentencing process prescribed by section 1170.18(a)–(e).

Are persons on parole or postrelease community supervision (PRCS) considered “currently serving a sentence” for purposes of eligibility for resentencing? Although persons on parole or PRCS for qualified felony offenses are entitled to relief under Proposition 47, there are uncertainties about whether they are eligible to petition for resentencing (as a person “currently serving a sentence”) or to apply for reclassification (as a person who has completed the sentence). If courts consider persons on parole or PRCS as “currently serving a sentence,” those persons will be required to petition for resentencing under sections 1170.18(a)– (e), which will include a determination of the issue of dangerousness under section 1170.18(b). If persons on parole or PRCS are not considered “currently serving a sentence,” those persons would be eligible to apply for reclassification of their eligible felony offenses as misdemeanors under sections 1170.18(f)–(h), which would not include a determination of the issue of dangerousness.

What is the court’s discretion in resentencing the petitioner? Proposition 47 imposes the following limitations:
• The petitioner must be given credit for any time he or she has already served. (Pen. Code §1170.18(d).) Credit must likely be given for custody time and any periods of supervision. The statute likely does not mean that the person is to automatically be released with “credit for time served” – meaning that the sentence has been satisfied. • The sentence may not be longer than the original sentence. (Pen. Code § 1170.18(e).) • The petitioner must be placed on parole for a one-year period, unless the court releases the person from that requirement. (Pen. Code § 1170.18(d).) Note, however, that it is unlikely the sponsors of Proposition 47 contemplated persons resentenced for a crime punished under section 1170(h) or granted probation would be sent to state parole. But the statutory language is broad enough to include all sentenced individuals, including those persons previously handled locally.

Subject to the foregoing limitations, the court is free to impose any form of misdemeanor sentence considered appropriate for the petitioner’s circumstances. If the petitioner has been sentenced on any felony not altered by Proposition 47, all terms and conditions of the original sentence presumably will remain, except for the re-designation of a Proposition 47 crime as a misdemeanor. Assuming the petitioner has been convicted only of a crime changed by the initiative, potential sentencing options may include:
555
10 • Straight custody term, without any supervision.
• Formal or informal probation of up to three years.
• Parole or Postrelease Community Supervision, particularly for persons being released from prison.

Who presides over resentencing proceedings?
The original sentencing judge is required to preside over the petition for resentencing if that judge is available. If the original judge is unavailable, the presiding judge of the court will appoint a judge to review the petition. The parties may also agree that a different judge can conduct the review. What constitutes “unavailability” of a judge may be open to interpretation.

Is a hearing always required for petitions for resentencing? Nothing in Proposition 47 specifically requires a court hearing on every petition for resentencing, particularly when there is no opposition to the granting of the petition. Hearings may be necessary if the prosecution challenges the petitioner’s eligibility, such as when a theft may involve more than $950, when a victim asks to participate in the process, or concerning challenges to the dangerousness determination
Is there a specific time within which the hearing on a petition for resentencing must be held?
No. Section 1170.18 does not require the hearing to be held within a particular number of days.

The hearing should be held within a reasonable time.

Does the victim have a right to attend the hearing on a petition for resentencing? Likely, yes, if the victim has made such a request. A resentencing proceeding is likely considered a “post-conviction release proceeding” under Marsy’s Law. If the victim so requests, he or she may be entitled to notice of and participation at the hearing.

Does the petitioner have a right to a jury determination of eligibility for resentencing?
Probably not. Petitioners likely have no right to a jury determination of their eligibility for resentencing. Other courts have determined, in the Proposition 36 context, that Apprendi v. New Jersey (2000) 530 U.S. 466, has no application due to the retrospective nature of the petition for resentencing. (See People v. Elder (2014) 227 Cal.App.4th 1308, 1315; People v. Bradford (2014) 227 Cal.App.4th 1322, 1331-1336; People v. Guilford (2014) 228 Cal.App.4th 651, 662- 663.)
What is the effect of the order granting resentencing?
556
11 If the court grants the request to resentence the offense as a misdemeanor, the crime will thereafter be treated as a misdemeanor for all purposes except for the right to own or possess firearms. (Pen. Code § 1170.18(k).)

RECLASSIFICATION OF CRIMES FOR PERSONS WHO HAVE COMPLETED A

SENTENCE
Who is eligible to apply for reclassification of their felony convictions? Persons who have “completed” their sentences for a felony conviction, whether by trial or plea, who would have been guilty of a misdemeanor under Proposition 47 had it been in effect at the time of the offense are eligible to apply for reclassification of their felony convictions. (Pen.

Code, § 1170.18(f).) As noted above, persons with one or more prior convictions for offenses listed under section 667(e)(2)(C)(iv) or for a sex offense that requires registration under section 290(c) are not eligible for reclassification. (Pen. Code, § 1170.18(i).) Who is qualified for reclassification?
Any person whose sentence, including any period of supervision, has been completed, including:
• Persons released from prison and who are off parole or PRCS; • Persons who have completed a sentence imposed under section 1170(h), including any time ordered on mandatory supervision;
• Persons who have completed probation.

Nothing in Proposition 47 expressly grants juveniles the right to apply for reclassification of qualified felony adjudications. Alejandro N. v. Superior Court (People) (2015) 238 Cal.App.4th 1209 (review denied), however, has held that juveniles have the right to petition for resentencing; likely the opinion will apply to requests for reclassification.

May a person be excluded from reclassification because of a prior offense? Yes. The same exclusions apply to both resentencing and reclassification of a crime. A person who has a prior “super strike” conviction, or who is required to register as a sex offender under section 290(c) may not petition for reclassification. (§ 1170.18(i).) The crimes that would exclude the applicant are the “super strikes” listed in section 667(e)(2)(C)(iv): a “sexually violent offense” as defined in Welfare and Institutions Code, section 6600(b) (the Sexually Violent Predator Law); oral copulation, sodomy or sexual penetration of a child under 14 and more than 10 years younger than the defendant; a lewd act on a child under 14; any homicide offense, including attempted homicide as defined in sections 187 – 191.5; solicitation to commit murder; assault with a machine gun on a peace officer; possession of a weapon of mass destruction; or any serious or violent offense punishable by life imprisonment or death. 557
12 May the court address the issue of dangerousness when deciding whether to grant reclassification?
No. The applicant for reclassification need only show eligibility for relief; the court may not deny the petition based on dangerousness.

What is the procedure for obtaining reclassification of a crime? The procedure potentially is the same as for resentencing, but the law specifically permits courts to grant reclassification of a crime without any hearing. (§ 1170.18(h).) The steps may include:
• The filing of an application for reclassification;
• A qualification hearing, if requested by the applicant or as may be necessary to determine the applicant’s eligibility;
• Reclassification of the offense.

What are the filing requirements for an application for reclassification? Proposition 47 does not specify any particular form of petition for resentencing. Some courts have developed local forms that may be used. Unless a superior court adopts a mandatory form as a local court rule, the petitioner may petition the court for relief in any manner that meets general pleading requirements. Some courts permit the application to be made by oral motion.

Petitions must be filed by November 4, 2022, to be considered by the court, unless the person shows “good cause”
Who presides over reclassification proceedings?
As with resentencing proceedings, the original sentencing judge is required to preside over the reclassification application proceedings if that judge is available. If the original judge is unavailable, the presiding judge of the court will appoint a judge to review the petition. The parties may also agree that a different judge can conduct the review. What constitutes “unavailability” of a judge may be open to interpretation.

What evidence can be considered in determining eligibility for reclassification? It is unclear what evidence may be considered in determining eligibility for resentencing. In similar circumstances, courts have limited the parties to offering the “record of conviction:” documents such as the complaint, plea forms, factual basis for the plea as stated on the record, and transcripts.

May the victim participate in the reclassification process? It is unclear. It is not likely that the victim has any constitutional right to participate in the reclassification process. Section 1170.18(o) provides that “[a] resentencing hearing ordered under this Act shall constitute a ‘post-conviction release proceeding’ under paragraph (7) of subdivision (b) of Section 28 or Article I of the California Constitution (Marsy’s Law).” 558
13 (Emphasis added.) The purpose of Marsy’s Law is to ensure that victims have the right to participate in any decision which could result in the post-sentencing release of an offender. No one is being “released” as a result of the reclassification process. Furthermore, section 1170.18(h) expressly allows the court to grant the reclassification without any hearing – thus, there is no “resentencing hearing” that would trigger the victim’s rights under Marsy’s Law.

What is the effect of the order granting reclassification? If the court grants the request to reclassify the offense as a misdemeanor, thereafter the crime will be treated as a misdemeanor for all purposes except for the right to own or possess firearms. (§ 1170.18(k).)
559
Initiative 23-0017A1, the Homelessness, Drug Addiction, and Theft Reduction Act Currently collecting signatures to qualify for the 2024 November General Election, this bi-partisan measure provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.

Addresses Organized and Serial Retail Theft
Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they’re caught. This measure will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. n Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theftrelated convictions n Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties n Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more Confronts the Fentanyl Crisis in Our Communities
The fentanyl crisis has reached alarming levels, and is now responsible for 20 percent of youth deaths in California. This measure will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers. n Adds fentanyl to the list of hard drugs — such as heroin, cocaine, and methamphetamine — that are illegal to possess with a firearm and authorizes greater consequences for selling deadly quantities n Enables stricter penalties for dealers whose trafficking causes death or serious injury, and warns traffickers of potential murder charges if continued drug trafficking results in fatalities Whether it’s rampant retail theft causing neighborhood store closures and higher prices for working families, or the growing epidemic of fentanyl overdoses, Californians can’t afford half-measures when it comes to addressing these pressing issues.

Passed in 2014, Prop 47 achieved notable success in making California’s criminal justice system more equitable.

However, it led to unintended consequences over the past decade — repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment — that can only be corrected by the voters at the ballot box with modest amendments to Prop 47.

It’s time for meaningful reforms to our justice system, including to Prop 47, that ensure our communities are safe.

Smash-and-Grab Thefts. Skyrocketing Drug Addiction.

More Dangerous Communities.
560
Prioritizes Mental Health and Drug Treatment
Breaking the cycle of repeat offenders means addressing the many root causes of retail theft. This measure provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse. n Enacts a new class of crime called a “treatment-mandated felony” where offenders with multiple hard drug possession convictions would be given the option of participating in drug and mental health treatment in lieu of incarceration
n Allows offenders who successfully complete drug and mental health treatment to avoid jail time and have the charge fully expunged “The Homelessness, Drug Addiction, and Theft Reduction Act will make targeted but impactful changes to our laws around fentanyl and help us tackle the chronic retail theft that hurts our retailers, our workers, and our cities. I fully support this measure and know it will make a meaningful difference for cities across California.” ~ Mayor London Breed, San Francisco
“I am proud to lend my support to this public safety initiative that would make changes to Prop 47, which would address serious spikes to drug and theft crimes since the pandemic. Local law enforcement and my constituents are saying enough is enough. They want the state to address the increases we’re seeing in the homeless due to increased hard drug use, opioid-related overdoses, and escalating numbers of smash-and-grab and retail theft crimes.”
~ Assemblymember James Ramos
“We cannot be afraid to challenge the status quo when it is clearly not working for our residents. Prop 47 was well-intended but what really matters is its impact — and unfortunately, it’s hurting far too many families and small businesses across the state.

We need reform that doesn’t take us back to the era of mass incarceration but allows judges to mandate treatment for those struggling with severe addiction, hold repeat offenders accountable, and treat fentanyl like the killer it is.” ~ Mayor Matt Mahan, San Jose
Ad paid for by Californians to Reduce Homelessness, Drug Addiction, and Theft, sponsored by Golden State Communities
Ad Committee’s Top Funders
Walmart
Home Depot USA
Target
Funding details at www.fppc.ca.gov
California District Attorneys Association
California Police Chiefs Association
Crime Victims United
Hope Street Coalition
* Partial List
Join Public Safety and
Community Leaders

JOIN THE

COALITION
TODAY!
CASafeCommunities.org
561

THE HOMELESSNESS, DRUG ADDICTION,

AND THEFT REDUCTION ACT

THE PROBLEM

























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RETAIL THEFT

45.3%

REDUCED STORE

OPERATING HOURS

29.7%

REDUCED/ALTERED

IN-STORE PRODUCTS

28.1%

REPORTS OF

STORE CLOSURES

HIGHER VOTER SUPPORT
84%

BELIEVE THEFT

IS RAMPANT
89%

SUPPORT CHANGES
TO PROP 47 TO

ALLOW STRONGER

PENALTIES
94%

SUPPORT THE

ADDITION OF

FENTANYL TO

EXISTING LAWS
92%

BELIEVE

FENTANYL

IS MAJOR
THREAT
82%

BELIEVE

HOMELESSNESS

IS RAMPANT &

INCREASES CRIME
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THE SOLUTION

THE HOMELESSNESS, DRUG ADDICTION, AND

THEFT REDUCTION ACT BALLOT INITIATIVE
Reclassify retail theft with
2 or more prior convictions
as a felony
After 2 hard drug convictions, discretion
to charge 3rd hard drug possession as
treatment mandated felony
Address fentanyl crisis by
going after fentanyl drug
dealers
PHASE 1: QUALIFICATION PHASE 2: CAMPAIGN CONTRIBUTE
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STATISTICS SOURCE: 2023 Retail Security Survey National Retail Federation 562

THE HOMELESSNESS, DRUG

ADDICTION, AND THEFT

REDUCTION ACT
563
▪ Since the passage of Proposition 47 in 2014:
▪ Reported retail, fuel and cargo theft has exploded
▪ Homelessness has increased 51% in California
▪ Down 11% in rest of country
▪ Drug addiction has become a humanitarian crisis
▪ The consequences are impacting public safety and
the quality of life for all Californians
▪ Cannot fix Prop 47 without going back to ballot
▪ Since Prop 47: At least 7 bills to fix retail theft; all were killed in committee (each mandated return to voters if passed) The Problem
564
Sept. 2023
The Retail and Cargo Theft Problem
▪ No accountability or deterrence
▪ Repeat offenders treated as misdemeanors
▪ Cannot aggregate crimes
▪ “only the voters may authorize the provisions [allowing for aggregation]." Leg Counsel opinion
▪ Misdemeanors are low priority
▪ Only ticket offenses; not booked or are immediately released 565
Value of Reported Stolen Goods
$2,179,803
$2,467,550
$2,633,591
$2,684,284
$2,895,111
$2,819,081
$2,940,734
$3,428,835
$4,274,752
2014
2015
2016
2017
2018
2019
2020
2021
2022
Source: CA DOJ Crime Statistics
96% increase in
reported stolen
goods since passage
of Prop 47
566
The Risks and Threats for the Retail Industry
* 2023 Retail Security Survey-National Retail Federation 567 The Consequences for the Retail Industry
▪ 45.3% reduced specific store(s) operating
hours
▪ 29.7% reduced or altered in-store product
selection(s)
▪ 28.1% of respondents reported closing
specific store location(s)*
* 2023 Retail Security Survey-National Retail Federation 568 The Cargo Theft Problem
56% of strategic cargo
thefts took place in CA
- LA, San Bernardino,
OC and Riverside
569
▪ Reclassify retail theft with 2 or more prior convictions as a felony ▪ Aggregation of multiple thefts together to reach $950 and charge felony
▪ Enhanced penalties for excessive taking or damage to property ▪ Enhanced penalties for acting in concert/takeover theft or destruction of property
▪ After 2 hard drug convictions, discretion to charge 3rd hard drug possession as treatment mandated felony
▪ Address fentanyl crisis by going after fentanyl drug dealers

THE HOMELESSNESS, DRUG ADDICTION, AND

THEFT REDUCTION ACT BALLOT INITIATIVE
The Solution
570
The Path to Success
▪ High Voter support
▪ Fentanyl: 92% believe Fentanyl is a major threat to
public safety
▪ Theft: 84% believe theft is rampant
▪ Homelessness/Criminal Activity: 82% believe
homelessness is rampant and driving criminal behavior
571
The Path to Success
Ballot Title and Summary and Polling
Please read the full ballot label below for this initiative and mark how you would vote if the election were held today:

ALLOWS FELONY CHARGES AND INCREASES SENTENCES
FOR CERTAIN DRUG AND THEFT CRIMES. Allows felony
charges for possessing certain drugs, including fentanyl, and for thefts under $950 for defendant with two prior
drug or two prior theft convictions, as applicable. Increases sentences for other specified drug and theft crimes. FISCAL NOTE: Increased state and local government costs
potentially in the hundreds of millions of dollars annually, offset with potential reductions in state spending for other programs.

After reading the ballot label, please respond if you would vote YES or vote NO on this initiative.

Yes: 70% (32% definitely Yes)
No: 23% (9% definitely No)
Undecided: 7%
572
The Path to Success
Polling data further indicates 89% of
voters support changes to Proposition 47
to allow for stronger penalties for those
engaged in the trafficking of hard drugs
or for repeat offenders of retail theft.
94% of voters polled overwhelmingly
support the addition of fentanyl to existing
laws that prohibit the trafficking of large
quantities of hard drug the proposed in The
Homelessness, Drug Addiction and Theft
Reduction Act.
573
The Path to Success
▪ Two Phases
▪ Qualification
▪ Campaign
▪ Qualification Phase: Now-April 30, 2024
▪ Need 546,651 valid signatures (950,000 total)
▪ Estimated Costs for Qualification: $7-8 million
▪ Campaign
▪ Estimated Budget: $5-10 million*
▪ High voter support lowers budget
574
Endorsements
575
How to Contribute
https://casafecommunities.com/
576
Agenda Item No.: 15.A
Mtg. Date: 04/22/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE FIRE FUEL ABATEMENT AND CODE

ENFORCEMENT QUARTERLY REPORT FOR THE FIRST QUARTER OF
2024 (JANUARY 1 THROUGH MARCH 31)
DATE: April 22, 2024
BACKGROUND:

Quarterly meetings are held with various agencies involved in fire fuel reduction in Rolling Hills.

The Code Enforcement Division provides quarterly updates on fuel abatement cases, including open and closed cases. Cases include dead vegetation and other code violations for the first quarter of 2024. Also included is a list of cumulative open cases.

DISCUSSION:

Quarterly Fire Fuel Abatement Meeting
On April 4, 2024, the City held a Quarterly Fire Fuel Abatement meeting with representatives from the Palos Verdes Peninsula Land Conservancy (PVPLC), Southern California Edison (SCE), and Rolling Hills Community Association (RHCA).

City staff made a presentation on code enforcement cases and fire fuel abatement in the City.

During the first quarter of 2024, 10 cases were closed, including six dealing with vegetation or dead trees (see Attachment 3); 14 cases were opened, including seven involving vegetation or dead trees (see Attachment 2). Code enforcement is working on 15 open cases, four dealing with vegetation or dead trees (see Attachment 1). The City Attorney's office is working on three code enforcement cases (see attachments).

PVPLC is continuing to mow and remove Acacia. Hand crews and goats are used in areas where mowing is too steep. They have seen improvements in areas maintained over the years. They recently purchased a new mower but need funding for staffing and are looking for funding sources. They are willing to provide tours as they have in the past and are willing to present the Council with a presentation if requested.
577
SCE sends its crews on trails for regular maintenance to clear vegetation near powerlines and equipment. They conduct inspections twice a year and are looking to restart in May or June. In high-fire-risk areas such as Rolling Hills, SCE trims 12 feet of clearance around powerlines and equipment. Their policy is to contact residents first before working on clearing vegetation.

If contact has not been made, they will attempt to contact a neighbor to see if there is alternative access. They encourage residents to report overgrown vegetation near powerlines.

RHCA discussed weed abatement concerns and work needed after the recent rains.

The Department of Agricultural Commissioner/Weights and Measures representative was not at the meeting but did report afterward that they are clearing vegetation on a property on Roadrunner Road, which they do annually. They are responsible for overseeing dead vegetation on vacant properties and typically start annual inspections in late April.

FISCAL IMPACT:

Code enforcement services is provided contractually, and payment is made from the General Fund.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:

Attachment 1: CE_QRP_2024_Q1_240417_CE_AllOpenCases.pdf Attachment 2: CE_QRP_2024_Q1_OpenedCases.pdf
Attachment 3: CE_QRP_2024_Q1_ClosedCases.pdf
578
Page: 1 of 1
Case Report

ALL OPEN CASES
1/1/2019 - 04/17/2024
Case Date Address of
Violation
Description Follow-Up/ Status Follow
Up Date
Main
Status
4/9/2024 8 Quail Ridge Rd. N Unpermitted building Follow-up needed 4/23/2024 Open 3/6/2024 28983 PVDE Stormwater drainage Confirming complaint; need RHCA follow up
4/23/2024 Pending
2/29/2024 6 Saddleback Rd. Debris and other material
improperly stored on site.

Referred to City Attorney -- Open
2/14/2024 17 Chuckwagon Rd. Garage conversion to
bedroom and bathroom
Confirming complaint 2/24/2024 Pending
2/13/2024 18 Poppy Trail Broken pipe causing
erosion on neighboring
property.

Area tarped; plans
required for permanent
solution
4/23/2024 Open
11/7/2023 16 Buggy Whip Dr. 2nd Violation of trees in
violation of conditions
Follow-up needed 4/23/2024 Open
11/2/2023 17 Eastfield Dr. Unpermitted construction Follow-up needed 4/9/2024 Open 10/5/2023 5 Outrider Rd. Dog on the loose Follow-up needed 1/23/2024 Open 7/13/2023 79 Eastfield Dr. Overgrown vegetation &
unfinished construction
Referred to City Attorney;
vegetation cleared
-- Open
6/22/2023 4 Possum Ridge Rd. Unpermitted work/grading Planning application required
4/23/2024 Open
6/13/2023 20 Portuguese
Bend Rd.

Aggressive animal (Dog) Follow-up with dog
owner; Update
complainant
4/23/2024 Open
9/22/2022 29 Middleridge Ln. S Extensive grading and
imported soil; dead
shrubs/trees/vegetation
Approved by PC on
4/16/24; grading permit
needed
3/7/2024 Open
6/9/2022 4 Spur Ln. Dead/Dry vegetation Approved by PC; need to recheck location
4/23/2024 Open
7/6/2021 1 Chestnut Ln. Unpermitted structure
(gazebo/outdoor kitchen)
Approved by PC; building
permit needed
4/30/2024 Open
11/1/2019 2950 PVDN Red-tagged residence Referred to City Attorney -- Open Total Records: 15 4/17/2024
579
Page: 1 of 1
Case Report – CASES OPENED
Q1 2024
01/01/2024 - 03/31/2024
Case
Opened
Address of
Violation
Description Main Status
3/26/2024 68 Saddleback Rd. Dried Vegetation (Fallen Tree) Open 3/6/2024 28983 PV Dr East Stormwater drainage Pending
2/29/2024 6 Saddleback Rd. Debris and other material improperly stored on site. Open 2/15/2024 5 Crest Road E Tumbleweeds behind the fence of the property. Closed 2/15/2024 7 Ranchero Rd. Debris, trash, and miscellaneous materials left on a vacant lot.

Closed
2/14/2024 17 Chuckwagon Garage conversion to bedroom and bathroom Pending 2/13/2024 9 Middleridge Ln S Tumbleweeds on open field Closed 2/13/2024 18 Poppy Trail Broken pipe causing erosion on neighboring property. Open 2/8/2024 38 Crest Road E Tumbleweed in front of the fence. Closed 2/1/2024 54 Eastfield Investigating concerns regarding an attractive nuisance.

Feeding wildlife.

Closed
1/30/2024 9 Flying Mane Unpermitted driveway construction Closed 1/25/2024 1 Southfield Tumbleweeds in the rear of the property. Closed 1/23/2024 2 Spur Lane Tumbleweeds and dead vegetation. Open 1/18/2024 4 Cinchring Tumbleweeds and dead vegetation Closed Total Records: 14 4/4/2024
580
Page: 1 of 1
Case Report – CASES CLOSED
Q1 2024
01/01/2024 - 03/31/2024
Case Date Address of
Violation
Description Main Status Case Closed
2/15/2024 5 Crest Road E Tumbleweeds behind the fence of the property.

Closed 3/12/2024
2/15/2024 7 Ranchero Rd. Debris, trash, and miscellaneous materials left on a vacant lot.

Closed 2/29/2024
2/13/2024 9 Middleridge Ln S Tumbleweeds on open field Closed 2/27/2024 2/8/2024 38 Crest Road E Tumbleweed in front of the fence. Closed 2/13/2024 2/1/2024 54 Eastfield Investigating concerns regarding an attractive nuisance. Feeding wildlife.

Closed 3/28/2024
1/30/2024 9 Flying Mane Unpermitted driveway construction Closed 3/21/2024 1/18/2024 4 Cinchring Tumbleweeds and dead vegetation Closed 2/6/2024 12/5/2023 100 Saddleback
Rd.

Tumbleweeds and overgrown vegetation Closed 3/5/2024
10/26/2023 23 Crest rd. E Tumbleweeds and vegetation Closed 1/2/2024 10/26/2023 17 Crest Road E Unpermitted work Closed 3/28/2024 Total Records: 10 4/4/2024
581