Agenda packet — Victorville City Council, March 15, 2022 (part 3 of 4)

3/10/2022
Work Order Signature Document
{120 days from the issuance by the City to the
Contractor of the Notice to Proceed}
By
Print Title
Date
ANGELES CONTRACTOR, INC.

Print Name
Print Title

ATTEST APPROVED AS TO FORM
Jennifer Thompson, City Clerk By: Andre de Bortnowsky, City Attorney

3.00 Detailed Scope of Work
To: Young Kang, President From: Keith C. Metzler, City Manager Angeles Contractor Inc.
783 Phillips Drive
City of Industry, CA 91748
626.923.3800
City of Victorville
14343 Civic Drive
Victorville, CA 92393
760.955.5029
Work Order Number:

Date Printed:

Work Order Title:

Brief Scope:

March 10, 2022
102420.00
Victorville Wellness Center, phase 1
Victorville Wellness Center per the prouject plans provided by the City. Contractor to develop full scope for owner's review and approval. See
attached Detailed Scope of Work Document for reference.

Revised FinalPreliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached.

Subject to the terms and conditions of ezIQC Contract CA-R8-GB06-123021-ACI, the terms and conditions of the attached Exhibit A (City of Victorville Amendment to Work Order No. 102420.00), and the terms and conditions of the attached Exhibit B (Provisional Language).

Page 1 of 1 ends

3/10/2022
Scope of Work
Print Name
By
Print Title
Date
THE CITY OF VICTORVILLE ANGELES CONTRACTOR, INC.

Date
By
Print Name
Print Title
ATTEST
Jennifer Thompson, City Clerk

APPROVED AS TO FORM
By: Andre de Bortnowsky, City Attorney

4.00 Contractor's Price Proposal - Summary
Owner PO #:

Victorville Wellness Center, phase 1
102420.00
CA-R8-GB06-123021-ACIIQC Master Contract #:

Work Order #:

Title:

Re:

March 10, 2022Date:

Proposal Value:

Contractor: Angeles Contractor Inc.
$4,827,947.76
$47,377.15GENERAL CONDITIONS
$497,601.74GENERAL REQUIREMENTS
$3,809,412.05SITE-PHASE 1
$473,556.82VVWRA
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$4,827,947.76
The Percentage of NPP on this Proposal: %

Page 1 of 1 ends

3/10/2022
Contractor's Price Proposal - Summary

5.00 Contractor's Price Proposal - Detail
Victorville Wellness Center, phase 1
102420.00
CA-R8-GB06-123021-ACIIQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Re:

March 10, 2022Date:

Proposal Value:

Contractor: Angeles Contractor Inc.
$4,827,947.76
(Excludes)Equip. MaterialLabor
Line TotalDescriptionUOMMod.ItemSect.

GENERAL CONDITIONS
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 $47,377.15EA
Installation =x x 47,377.15
FactorUnit PriceQuantity Total

1.00 1.1000 43,070.14
Bond Fees calculated at 1% of total amount of $4,780,570.61 minus $473,556.82 total of VVWRA = $4,307,013.79 x 1% [NOTE: THE BOND FEES EXCLUDED THE VVWRA SECONDARY SEWER COST OF $473,556.82]
$47,377.15Subtotal for GENERAL CONDITIONS

GENERAL REQUIREMENTS
01 22 20 00 0065 Senior Surveyor (Party Chief)2 $11,429.48HR Installation =x x 11,429.48
FactorUnit PriceQuantity Total
114.92 1.2432 80.00
based on 10 visits for PHASE 1 SCOPE of the project
01 22 20 00 0066 Surveyor (Instrument person)3 $10,910.32HR Installation =x x 10,910.32
FactorUnit PriceQuantity Total
109.70 1.2432 80.00
based on 10 visits for PHASE 1 SCOPE of the project
01 22 20 00 0067 Surveyor (Rod Person)4 $10,816.83HR Installation =x x 10,816.83
FactorUnit PriceQuantity Total
108.76 1.2432 80.00
based on 10 visits for PHASE 1 SCOPE of the project
01 22 20 00 0069 Certified Industrial Hygienist5 $19,238.77HR Installation =x x 19,238.77
FactorUnit PriceQuantity Total
120.90 1.2432 128.00
QSP weekly site inspection and monitoring [16 weeks x 8 hrs = 128 hrs] 01 22 20 00 0070 Underground Utility Surveyor6 $2,566.56HR Installation =x x 2,566.56
FactorUnit PriceQuantity Total
129.03 1.2432 16.00
field services for all existing underground utilities
01 22 20 00 0072 Gas Detection Service To Monitor The Project Site For The Presence Of GasIncludes equipment, project manager, notices and reports. 7 $1,730.24DAY
Installation =x x 1,730.24
FactorUnit PriceQuantity Total
695.88 1.2432 2.00
field gas detection services

Page 1 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1

GENERAL REQUIREMENTS
01 22 20 00 0087 Flagperson For Traffic Control8 $10,190.51HR Installation =x x 10,190.51
FactorUnit PriceQuantity Total

81.97 1.2432 100.00
flagmen as needed safety requirements for the PHASE 1 SCOPE of project 01 22 20 00 0113 Traffic Control SystemIncludes 1 truck, 1 arrow board, 1 licensed traffic control person, traffic cones.
9 $7,511.61DAY
Installation =x x 7,511.61
FactorUnit PriceQuantity Total
1,510.54 1.2432 4.00
offsite and onsite traffic controls for PHASE 1 SCOPE of the project 01 22 20 00 0114 Traffic Control DrawingsIncludes engineered stamped drawings as required by governing agency.
10 $1,215.10EA
Installation =x x 1,215.10
FactorUnit PriceQuantity Total
977.40 1.2432 1.00
offsite and onsite traffic controls for PHASE 1 SCOPE of the project 01 22 23 00 0268 8' Road Broom, Self Propelled Street Sweeper With Full-Time Operator11 $25,395.84DAY Installation =x x 25,395.84
FactorUnit PriceQuantity Total
1,021.39 1.2432 20.00
SWPPP required street sweeping for dust control for PHASE 1 of the project 01 22 23 00 0284 2,400 LB Capacity, 72" Wide, Skid-Steer Loader With Full-Time Operator12 $25,668.10MO Installation =x x 25,668.10
FactorUnit PriceQuantity Total
20,646.80 1.2432 1.00
as needed general construction site equipment supports for the PHASE 1 of the project 01 22 23 00 0432 1-1/2 CY, 24" Bucket, 16'-6" Deep, 90 HP, Loader-Backhoe With Full-Time Operator
13 $25,888.05MO
Installation =x x 25,888.05
FactorUnit PriceQuantity Total
20,823.72 1.2432 1.00
as needed general construction site equipment supports for for PHASE 1 of the project 01 22 23 00 1040 5,000 LB Straight Mast, Rough Terrain Construction Forklift With Full-Time Operator
14 $49,025.64MO
Installation =x x 49,025.64
FactorUnit PriceQuantity Total
19,717.52 1.2432 2.00
as needed general construction site equipment supports for PHASE 1 of the project 01 22 23 00 1394 3 Ton Capacity, 12' To 16' Bed, 4 x 2 Flat Bed Truck With Full-Time Truck Driver
15 $80,249.65MO
Installation =x x 80,249.65
FactorUnit PriceQuantity Total
16,137.72 1.2432 4.00
as needed general construction site equipment supports for PHASE 1 of the project 01 22 23 00 1458 2,000 Gallon Water Truck With Full-Time Driver16 $44,452.53MO Installation =x x 44,452.53
FactorUnit PriceQuantity Total
17,878.27 1.2432 2.00
as needed general construction site dust control per SWPPP/Erosion controls requirements for PHASE 1 of the project
01 55 23 00 0002 Temporary Stabilized Construction Entrance AssemblyIncludes excavation of 30' x 14' x 6" deep pit, filter fabric at base and sides, filled with 3" rock, and compaction.
17 $4,390.24EA
Installation =x x 4,390.24
FactorUnit PriceQuantity Total
1,765.70 1.2432 2.00
SWPPP construction entrance for PHASE 1 SCOPE

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3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1

GENERAL REQUIREMENTS
01 55 23 00 0006 8' x 10' Steel Rumble Trench Plate Rental18 $6,402.18MO Installation =x x 6,402.18
FactorUnit PriceQuantity Total
321.86 1.2432 16.00
SWPPP rumble plates PHASE 1 SCOPE 4 each x 4 mos. = 16
01 55 23 00 0007 Placement And Removal Of Rumble PlateIf lifting equipment is not available on site, See CSI section 01 22 23 00-0000 for rentals tasks, 01 71 13 00-0000 for mobilization tasks.
19 $1,752.41EA
Installation =x x 1,752.41
FactorUnit PriceQuantity Total

88.10 1.2432 16.00
SWPPP rumble plates PHASE 1 SCOPE 4 each x 4 mos. = 16
01 55 23 00 0008 Relocate And Adjust Location Of Rumble PlateIf lifting equipment is not available on site, See CSI section 01 22 23 00-0000 for rentals tasks, 01 71 13 00-0000 for mobilization tasks.
20 $438.20EA
Installation =x x 438.20
FactorUnit PriceQuantity Total

22.03 1.2432 16.00
SWPPP rumble plates PHASE 1 SCOPE 4 each x 4 mos. = 16
01 56 26 00 0040 4' Wide, 8' High, Temporary Chain Link Fence Gate, Up To 6 Months21 $750.17EA Installation =x x 750.17
FactorUnit PriceQuantity Total
301.71 1.2432 2.00
site temporary fence and gatesSWPPP rumble plates for PHASE 1 SCOPE 01 56 26 00 0040 0086 For Each LF Shade Cloth, Add22 $79.59MOD Installation =x x 79.59
FactorUnit PriceQuantity Total

32.01 1.2432 2.00
01 56 26 00 0045 24' Wide, 8' High, Temporary Chain Link Fence Gate, Up To 6 Months23 $1,195.80EA Installation =x x 1,195.80
FactorUnit PriceQuantity Total
961.87 1.2432 1.00
site temporary fence and gates for PHASE 1 SCOPE
01 56 26 00 0045 0091 For Shade Cloth, Add24 $238.79MOD Installation =x x 238.79
FactorUnit PriceQuantity Total
192.08 1.2432 1.00
01 56 26 00 0148 Temporary 8' High Chain Link Fence Panels (Portable), >6 To 12 Months25 $34,188.00LF Installation =x x 34,188.00
FactorUnit PriceQuantity Total

11.00 1.2432 2,500.00
site temporary fence and gates for PHASE 1 SCOPE
01 56 26 00 0148 0072 For Each LF Shade Cloth, Add26 $11,188.80MOD Installation =x x 11,188.80
FactorUnit PriceQuantity Total

3.60 1.2432 2,500.00
01 56 26 00 0158 Temporary Chain Link Fence Panels (Portable) SandbagIncludes placement and removal.
27 $4,015.54BAG
Installation =x x 4,015.54
FactorUnit PriceQuantity Total

6.46 1.2432 500.00
site temporary fence sandbag for PHASE 1 SCOPE
01 57 23 00 0006 60" x 60" x 18" Non-Woven Polypropylene Oil and Sediment Drain Guard (Ultra-Drain Guard® 9358)Up to 2.06 gallons oil, up to 40 lbs sediment. 28 $2,038.60EA
Installation =x x 2,038.60
FactorUnit PriceQuantity Total
136.65 1.2432 12.00
drop inlet and area catch basin/drains protection

Page 3 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1

GENERAL REQUIREMENTS
01 58 13 00 0008 >24 To 32 SF, One Or Two Color Design, Engineer Grade, Reflectorized, MDO Plywood Sign
29 $2,240.35EA
Installation =x x 2,240.35
FactorUnit PriceQuantity Total
450.52 1.2432 4.00
project signage
01 58 13 00 0026 4" x 6" Pressure Treated Wood Sign Posts30 $2,540.11LF Installation =x x 2,540.11
FactorUnit PriceQuantity Total

12.77 1.2432 160.00
project signage
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
31 $19,752.63EA
Installation =x x 19,752.63
FactorUnit PriceQuantity Total
934.62 1.2432 17.00
Equipment mobilization/demobilization for the for PHASE 1 SCOPE of the project - mass grading and precise equipment: (2) dozer, (2) skid-steer, (2) loader, (2) excavator, [2) roller, (1) water truck; wet & dry utilities:
(1) excavator, [(1) loader, (1) roller, (2) forklift/crane, (1) water truck 01 71 23 16 0003 Conventional Topographic Survey Of Clear Area With Medium Height Vegetation, Few Trees (<5% Buildings)
32 $16,009.08ACR
Installation =x x 16,009.08
FactorUnit PriceQuantity Total
3,219.33 1.2432 4.00
Site topographic survey
01 71 23 16 0012 3' Precast Survey Monument33 $425.47EA Installation =x x 425.47
FactorUnit PriceQuantity Total
171.12 1.2432 2.00
Survey monument
01 71 23 16 0019 Survey Clear Area For Underground Utilities34 $14,910.32ACR Installation =x x 14,910.32
FactorUnit PriceQuantity Total
5,996.75 1.2432 2.00
Site utilities line and grade controls survey
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 35 $8,453.51EA
Installation =x x 8,453.51
FactorUnit PriceQuantity Total
679.98 1.2432 10.00
General construction debris dumpsters for the for PHASE 1 SCOPE of the project 01 74 19 00 0019 15 CY Low-Boy Dumpster Mixed RecyclableFor mixed dirt, rock, concrete brick or asphalt with no trash or organics. Includes service to deliver and pick-up dumpster, hauling, rental and disposal fee.
36 $2,608.52EA
Installation =x x 2,608.52
FactorUnit PriceQuantity Total
699.41 1.2432 3.00
Dumpster for disposal of SWPPP materials for PHASE 1 SCOPE 01 74 19 00 0021 Rampless Concrete Washout BinIncludes delivery.37 $1,155.48MO Installation =x x 1,155.48
FactorUnit PriceQuantity Total
464.72 1.2432 2.00
SWPPP concrete wash-out bin rental for PHASE 1 SCOPE

Page 4 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1

GENERAL REQUIREMENTS
01 74 19 00 0023 Interim Vacuum Service, Concrete Washout BinIncludes vacuum and recycle excess clear liquid from the unfilled bin to allow additional space for washout material.
38 $1,239.87EA
Installation =x x 1,239.87
FactorUnit PriceQuantity Total
498.66 1.2432 2.00
SWPPP concrete wash-out bin monthly servicing for PHASE 1 SCOPE 01 74 19 00 0024 Vacuum, Pickup, Swap And Dump, Concrete Washout BinIncludes vacuum the liquid from the full bin and pick up the bin, and recycle all material. An empty bin will be left at the site if the project is not completed. 39 $2,686.38EA
Installation =x x 2,686.38
FactorUnit PriceQuantity Total
1,080.43 1.2432 2.00
SWPPP concrete wash-out bin delivery, pickup, swap and dump for PHASE 1 SCOPE 31 25 14 23 0002 50 LB Capacity Sand Bag With Sand40 $2,235.27BAG Installation =x x 1,586.32
FactorUnit PriceQuantity Total

6.38 1.2432 200.00
Demolition x x = 648.95 2.61 1.2432 200.00
SWPPP gravel bag berm with 2 layers of sand bag install and removal 31 25 14 26 0003 2' High Silt Fence with Stakes at 4' On Center41 $8,379.17LF Installation =x x 8,379.17
FactorUnit PriceQuantity Total

3.37 1.2432 2,000.00
SWPPP silt fence install
31 25 14 26 0013 Silt Dike Barrier With Stakes42 $10,815.84LF Installation =x x 10,815.84
FactorUnit PriceQuantity Total

4.35 1.2432 2,000.00
SWPPP silt dike barrier
31 25 14 26 0017 Removal Of Silt Fence And Stakes43 $2,038.85LF Installation =x x 2,038.85
FactorUnit PriceQuantity Total

0.82 1.2432 2,000.00
SWPPP silt fence removal
31 25 14 26 0028 Wattles (Sterile Straw Filled Rolls), 12" x 20'44 $3,894.45EA Installation =x x 3,894.45
FactorUnit PriceQuantity Total
156.63 1.2432 20.00
SWPPP wattles at soils stockpile
31 25 14 26 0030 8" Diameter Fiber Roll, (Sterile Straw Filled Rolls, With Natural Fiber Wrapping), CALTRANS Type 1
45 $5,034.96LF
Installation =x x 5,034.96
FactorUnit PriceQuantity Total

6.75 1.2432 600.00
fiber rolls at open underground trench
31 25 14 26 0040 2' x 4' x 3' Inlet Protection Sediment Bag46 $213.93EA Installation =x x 213.93
FactorUnit PriceQuantity Total

86.04 1.2432 2.00
SWPPP storm drain inlet protection
$497,601.74Subtotal for GENERAL REQUIREMENTS
SITE-PHASE 1
01 22 23 00 1423 13 CY Rear Dump Truck With Full-Time Truck Driver47 $91,364.46WK Installation =x x 91,364.46
FactorUnit PriceQuantity Total
6,124.28 1.2432 12.00
trucking to haul away to dump site excess soils [6 ea x 2 weeks]

Page 5 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
01 22 23 00 1461 3,700 To 4,000 Gallon Water Truck With Full-Time Driver48 $50,353.26MO Installation =x x 50,353.26
FactorUnit PriceQuantity Total
20,251.47 1.2432 2.00
This water truck is specific for mass grading compaction and not include the SWPPP dust control requirements
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 49 $89,607.22EA
Installation =x x 89,607.22
FactorUnit PriceQuantity Total
679.98 1.2432 106.00
haul off and disposal of trees, clear and grub and unsuitable materials for 4.1 acres or 178,596 SF site (178,596 SF x 1"/12 ÷ 27 = 14,883 CY x 25% of total = 3,721 CY ÷ 35 CY bin capacity = 106 loads 03 11 13 00 0004 Pile Cap, Pier Or Spread Footings Foundation Wood Formwork50 $2,038.85SF Installation =x x 2,038.85
FactorUnit PriceQuantity Total

8.20 1.2432 200.00
Fire water line thrust block
03 11 13 00 0004 Pile Cap, Pier Or Spread Footings Foundation Wood Formwork51 $1,529.14SF Installation =x x 1,529.14
FactorUnit PriceQuantity Total

8.20 1.2432 150.00
domestic water and irrigation main line thrust block
03 30 53 00 0002 Direct Chute, Place 3,000 PSI Concrete Thrust Blocks52 $2,982.06CY Installation =x x 2,982.06
FactorUnit PriceQuantity Total
239.87 1.2432 10.00
Fire water line thrust block
03 30 53 00 0002 Direct Chute, Place 3,000 PSI Concrete Thrust Blocks53 $2,982.06CY Installation =x x 2,982.06
FactorUnit PriceQuantity Total
239.87 1.2432 10.00
domestic water and irrigation main line thrust block
21 05 19 00 0009 4" Diameter, 0 - 1,000 GPM Fire Service Meter Flanged, With Cast Iron Housing54 $10,730.37EA Installation =x x 10,730.37
FactorUnit PriceQuantity Total
8,631.25 1.2432 1.00
Fire water system
21 05 19 00 0010 6" Diameter, 0 - 2,000 GPM Fire Service Meter Flanged, With Cast Iron Housing55 $14,561.34EA Installation =x x 14,561.34
FactorUnit PriceQuantity Total
11,712.79 1.2432 1.00
Fire water system
21 05 19 00 0011 8" Diameter, 0 - 4,000 GPM Fire Service Meter Flanged, With Cast Iron Housing56 $18,986.82EA Installation =x x 18,986.82
FactorUnit PriceQuantity Total
15,272.54 1.2432 1.00
Fire water system
21 05 23 00 0062 3" Outside Stem And Yoke, Flanged, Cast Iron Body, Bronze Trim Gate Valve (Crane 467)
57 $4,693.23EA
Installation =x x 4,693.23
FactorUnit PriceQuantity Total
943.78 1.2432 4.00
Fire water system
21 05 23 00 0063 4" Outside Stem And Yoke, Flanged, Cast Iron Body, Bronze Trim Gate Valve (Crane 467)
58 $6,632.82EA
Installation =x x 6,632.82
FactorUnit PriceQuantity Total
1,333.82 1.2432 4.00
Fire water system

Page 6 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
21 05 23 00 0064 6" Outside Stem And Yoke, Flanged, Cast Iron Body, Bronze Trim Gate Valve (Crane 467)
59 $14,646.44EA
Installation =x x 14,646.44
FactorUnit PriceQuantity Total
1,963.54 1.2432 6.00
Fire water system
21 05 23 00 0065 8" Outside Stem And Yoke, Flanged, Cast Iron Body, Bronze Trim Gate Valve (Crane 467)
60 $14,280.69EA
Installation =x x 14,280.69
FactorUnit PriceQuantity Total
2,871.76 1.2432 4.00
Fire water system
21 05 23 00 0098 2" Threaded TESTanDRAIN® Valve With Relief Valve (AGF 1011)61 $13,248.78EA Installation =x x 13,248.78
FactorUnit PriceQuantity Total
532.85 1.2432 20.00
Fire water system
21 11 19 00 0006 6" x 2-1/2" x 2-1/2" x 2-1/2" Siamese Connection, Three Way, Polished Brass62 $11,041.85EA Installation =x x 11,041.85
FactorUnit PriceQuantity Total
1,776.36 1.2432 5.00
Fire department connection
21 11 19 00 0015 4" IPS x 10" Outside Diameter Chrome Plated Brass Fire Department Connection Wall Plate
63 $1,156.36EA
Installation =x x 1,156.36
FactorUnit PriceQuantity Total
186.03 1.2432 5.00
Fire department connection wall plate
21 11 19 00 0019 Upright Indicator Post With Flange For Valve (Victaulic 774)64 $32,407.59EA Installation =x x 32,407.59
FactorUnit PriceQuantity Total
6,516.97 1.2432 4.00
Fire water system
21 12 29 00 0014 Pressure-Type Water Flow Detector For >4" To 8" Pipe65 $4,578.89EA Installation =x x 4,578.89
FactorUnit PriceQuantity Total
736.63 1.2432 5.00
water flow detector
22 11 19 00 0482 4" Flanged Double Check Detector Assembly With Outside Stem And Yoke Shut-offs And Meter (Watts 007 DCDA OSY series)
66 $7,977.99EA
Installation =x x 7,977.99
FactorUnit PriceQuantity Total
6,417.30 1.2432 1.00
fire detector assembly
22 11 19 00 0484 8" Flanged Double Check Detector Assembly With Outside Stem And Yoke Shut-offs And Meter (Watts 007 DCDA OSY series)
67 $38,322.54EA
Installation =x x 38,322.54
FactorUnit PriceQuantity Total
15,412.86 1.2432 2.00
Fire service reduced pressure detector assembly
23 11 23 00 0018 1" x 1", (CSST x Threaded) Male Adaptor For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe
68 $1,405.13EA
Installation =x x 1,405.13
FactorUnit PriceQuantity Total

45.21 1.2432 25.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0031 3/4" x 1/2", (CSST x Threaded) Reducing Adaptor For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe
69 $416.10EA
Installation =x x 416.10
FactorUnit PriceQuantity Total

33.47 1.2432 10.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01

Page 7 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
23 11 23 00 0032 1" x 3/4", (CSST x Threaded) Reducing Adaptor For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe
70 $546.64EA
Installation =x x 546.64
FactorUnit PriceQuantity Total

43.97 1.2432 10.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0035 1/2" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe71 $661.90EA Installation =x x 661.90
FactorUnit PriceQuantity Total

38.03 1.2432 14.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0036 3/4" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe72 $473.71EA Installation =x x 473.71
FactorUnit PriceQuantity Total

47.63 1.2432 8.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0037 1" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe73 $2,706.40EA Installation =x x 2,706.40
FactorUnit PriceQuantity Total

68.03 1.2432 32.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0038 1-1/4" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe
74 $6,303.52EA
Installation =x x 6,303.52
FactorUnit PriceQuantity Total
126.76 1.2432 40.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0039 1-1/2" Coupling For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe
75 $4,907.95EA
Installation =x x 4,907.95
FactorUnit PriceQuantity Total
246.74 1.2432 16.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0072 1" Outdoor Floor Flange Termination Assembly For Corrugated Stainless Steel Tubing (CSST), Flexible Gas Pipe
76 $1,711.14EA
Installation =x x 1,711.14
FactorUnit PriceQuantity Total
114.70 1.2432 12.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0329 3/4" Solenoid Valve, Bronze, 150 PSI, Gas77 $2,949.62EA Installation =x x 2,949.62
FactorUnit PriceQuantity Total
237.26 1.2432 10.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0330 1" Solenoid Valve, Bronze, 150 PSI, Gas78 $2,212.03EA Installation =x x 2,212.03
FactorUnit PriceQuantity Total
355.86 1.2432 5.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 23 11 23 00 0331 1-1/2" Solenoid Valve, Bronze, 150 PSI, Gas79 $1,582.17EA Installation =x x 1,582.17
FactorUnit PriceQuantity Total
636.33 1.2432 2.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 26 05 33 13 1799 1" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Coupled End, Direct Burial
80 $6,041.95LF
Installation =x x 6,041.95
FactorUnit PriceQuantity Total

4.86 1.2432 1,000.00
Electrical underground conduit

Page 8 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
26 05 33 13 1802 2" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Coupled End, Direct Burial
81 $22,128.96LF
Installation =x x 22,128.96
FactorUnit PriceQuantity Total

7.12 1.2432 2,500.00
Electrical underground conduit for Communications and fire alarm per site utility plan E-4 26 05 33 13 1806 4" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Coupled End, Direct Burial
82 $9,726.80LF
Installation =x x 9,726.80
FactorUnit PriceQuantity Total

13.04 1.2432 600.00
Electrical underground conduit (6) 4" SCE primary service conduit 26 05 33 13 1806 0054 For Schedule 80, Add83 $2,461.54MOD Installation =x x 2,461.54
FactorUnit PriceQuantity Total

3.30 1.2432 600.00
26 05 33 13 1807 5" Schedule 40 Polyvinyl Chloride (PVC) Conduit With Coupled End, Direct Burial
84 $6,314.21LF
Installation =x x 6,314.21
FactorUnit PriceQuantity Total

16.93 1.2432 300.00
Electrical underground conduit (2) 5" SCE primary service conduit 26 05 33 13 1807 0054 For Schedule 80, Add85 $1,719.35MOD Installation =x x 1,719.35
FactorUnit PriceQuantity Total

4.61 1.2432 300.00
26 05 33 13 1815 2" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree Elbow, Direct Burial
86 $1,617.40EA
Installation =x x 1,617.40
FactorUnit PriceQuantity Total

52.04 1.2432 25.00
Electrical underground conduit fittings for Communications and fire alarm per site utility plan E-4 26 05 33 13 1819 4" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree Elbow, Direct Burial
87 $2,629.37EA
Installation =x x 2,629.37
FactorUnit PriceQuantity Total
105.75 1.2432 20.00
Electrical underground conduit fittings for 4" SCE secondary service conduit 26 05 33 13 1820 5" Schedule 40 Polyvinyl Chloride (PVC) Conduit 90 Degree Elbow, Direct Burial
88 $1,735.88EA
Installation =x x 1,735.88
FactorUnit PriceQuantity Total
139.63 1.2432 10.00
Electrical underground conduit fittings for 5" SCE primary service conduit 26 05 33 13 1845 4" Polyvinyl Chloride (PVC) Conduit Female Adapter, Direct Burial89 $659.09EA Installation =x x 659.09
FactorUnit PriceQuantity Total

44.18 1.2432 12.00
(6) 4" SCE secondary service conduit fittings
26 05 33 13 1846 5" Polyvinyl Chloride (PVC) Conduit Female Adapter, Direct Burial90 $280.66EA Installation =x x 280.66
FactorUnit PriceQuantity Total

56.44 1.2432 4.00
(2) 5" SCE primary service conduit fittings
26 05 33 13 1878 1" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Conduit, Direct Burial
91 $9,442.10LF
Installation =x x 9,442.10
FactorUnit PriceQuantity Total

15.19 1.2432 500.00
Electrical site misc. underground conduits

Page 9 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
26 05 33 13 1881 2" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Conduit, Direct Burial
92 $5,141.25LF
Installation =x x 5,141.25
FactorUnit PriceQuantity Total

27.57 1.2432 150.00
Electrical site misc. underground conduits
26 05 33 13 1885 4" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Conduit, Direct Burial
93 $4,704.27LF
Installation =x x 4,704.27
FactorUnit PriceQuantity Total

75.68 1.2432 50.00
(6) 4" SCE secondary service conduit riser
26 05 33 13 1886 5" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) Conduit, Direct Burial
94 $2,971.75LF
Installation =x x 2,971.75
FactorUnit PriceQuantity Total
119.52 1.2432 20.00
(2) 5" SCE primary service conduit stub-out riser
26 05 33 13 1937 1" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) 24" Large Radius Elbow, Direct Burial
95 $12,469.54EA
Installation =x x 12,469.54
FactorUnit PriceQuantity Total
167.17 1.2432 60.00
Electrical site conduit fittings
26 05 33 13 1940 2" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) 24" Large Radius Elbow, Direct Burial
96 $6,456.93EA
Installation =x x 6,456.93
FactorUnit PriceQuantity Total
259.69 1.2432 20.00
Electrical site conduit fittings
26 05 33 13 1985 4" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) 48" Large Radius Elbow, Direct Burial
97 $15,787.40EA
Installation =x x 15,787.40
FactorUnit PriceQuantity Total
1,058.25 1.2432 12.00
(6) 4" SCE secondary service conduit stub-out elbow
26 05 33 13 1986 5" Polyvinyl Chloride (PVC) Coated, Urethane Lined, Rigid Galvanized Steel (RGS) 48" Large Radius Elbow, Direct Burial
98 $7,755.88EA
Installation =x x 7,755.88
FactorUnit PriceQuantity Total
1,559.66 1.2432 4.00
(2) 5" SCE primary service conduit stub-out elbow
26 05 33 13 2546 1" Type LB, Threaded, Two Hub Malleable Iron Conduit Body With Cover99 $5,069.77EA Installation =x x 5,069.77
FactorUnit PriceQuantity Total

81.56 1.2432 50.00
Electrical site conduit fittings
26 05 33 13 2549 2" Type LB, Threaded, Two Hub Malleable Iron Conduit Body With Cover100 $4,950.82EA Installation =x x 4,950.82
FactorUnit PriceQuantity Total
165.93 1.2432 24.00
Electrical site conduit fittings
26 05 33 13 2553 4" Type LB, Threaded, Two Hub Malleable Iron Conduit Body With Cover101 $9,797.96EA Installation =x x 9,797.96
FactorUnit PriceQuantity Total
656.77 1.2432 12.00
Electrical site conduit fittings
26 05 43 00 0157 6 At 4", Duplex Polyvinyl Chloride (PVC), Type EB Duct Bank102 $14,976.21LF Installation =x x 14,976.21
FactorUnit PriceQuantity Total

80.31 1.2432 150.00
(6) 4" SCE primary service conduit encasement

Page 10 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
26 05 43 00 0159 2 At 5", Duplex Polyvinyl Chloride (PVC), Type EB Duct Bank103 $10,697.74LF Installation =x x 10,697.74
FactorUnit PriceQuantity Total

34.42 1.2432 250.00
(2) 5" SCE primary service conduit encasement
31 05 13 00 0004 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand104 $3,961.48CY Installation =x x 3,961.48
FactorUnit PriceQuantity Total

47.56 1.2432 67.00
Gas line pipe bedding and cover
31 05 13 00 0004 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand105 $21,344.70CY Installation =x x 21,344.70
FactorUnit PriceQuantity Total

47.56 1.2432 361.00
Sewer line pipe bedding and cover (1300'x3'x2.5')
31 05 13 00 0004 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand106 $26,311.33CY Installation =x x 26,311.33
FactorUnit PriceQuantity Total

47.56 1.2432 445.00
Electrical conduits bedding and cover
31 05 13 00 0004 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand107 $19,748.28CY Installation =x x 19,748.28
FactorUnit PriceQuantity Total

47.56 1.2432 334.00
Fire line pipe bedding and cover
31 05 13 00 0004 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand108 $35,475.96CY Installation =x x 35,475.96
FactorUnit PriceQuantity Total

47.56 1.2432 600.00
Storm drain line bedding and cover
31 05 13 00 0004 3/8" Minus, ASTM C33, Screened/Washed Bedding Sand109 $32,874.39CY Installation =x x 32,874.39
FactorUnit PriceQuantity Total

47.56 1.2432 556.00
Domestic water line pipe bedding and cover
31 05 16 00 0002 #2 Stone Aggregate Fill (1-1/2" To 2-1/2" Clean)110 $1,638.41CY Installation =x x 1,638.41
FactorUnit PriceQuantity Total

43.93 1.2432 30.00
Sewer manhole, grease interceptor and lift station granular material base/bedding 31 05 16 00 0002 #2 Stone Aggregate Fill (1-1/2" To 2-1/2" Clean)111 $546.14CY Installation =x x 546.14
FactorUnit PriceQuantity Total

43.93 1.2432 10.00
Sewer manhole granular material base/bedding
31 05 16 00 0002 #2 Stone Aggregate Fill (1-1/2" To 2-1/2" Clean)112 $273.07CY Installation =x x 273.07
FactorUnit PriceQuantity Total

43.93 1.2432 5.00
Storm drain manhole and drop inlet granular material base/bedding 31 11 00 00 0006 Clear And Grub Heavy Trees Up To 16" Diameter, Cut And ChipIncludes grub and removal of stump
113 $53,929.98ACR
Installation =x x 53,929.98
FactorUnit PriceQuantity Total
10,580.48 1.2432 4.10
clear and grub entire project site approx. 4.1 acres or 178,596 SF [task item include shrubs and small trees only]

Page 11 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
31 11 00 00 0015 Machine Loading Of Cleared And Grubbed Material114 $49,821.45CY Installation =x x 49,821.45
FactorUnit PriceQuantity Total

10.77 1.2432 3,721.00
machine load for disposal clear and grub entire project site approx. 4.1 acres or 178,596 SF (178,596 SF x 1"/12 ÷ 27 = 14,883 CY x 25% of total = 3,721 CY
31 13 13 00 0004 >12" To 24" D.B.H. (Diameter At Breast Height) Tree RemovalIncludes cutting up tree, chipping and loading.
115 $23,150.37EA
Installation =x x 23,150.37
FactorUnit PriceQuantity Total
1,163.85 1.2432 16.00
remove tree listed in sheet precise grading plan 4 of 14, this task item is for bigger size trees with 12" to 24" DBH not included in clear and grub item 31110000-0006
31 13 13 00 0014 >12" To 24" Diameter Stump RemovalIncludes excavation necessary to remove stump and loading.
116 $4,963.85EA
Installation =x x 4,963.85
FactorUnit PriceQuantity Total
249.55 1.2432 16.00
remove tree stump listed in sheet precise grading plan 4 of 14, this task item is for bigger size trees with 12" to 24" DBH not included in clear and grub item 31110000-0006 31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil117 $3,436.20CY Installation =x x 3,436.20
FactorUnit PriceQuantity Total

6.91 1.2432 400.00
Trenching for onsite gas lines [1800'x2'x3']
31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil118 $30,771.21CY Installation =x x 30,771.21
FactorUnit PriceQuantity Total

6.91 1.2432 3,582.00
Earthworks for storm drain pipeline, drop inlet, culvert headwall, area drain and manhole 31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil119 $7,645.56CY Installation =x x 7,645.56
FactorUnit PriceQuantity Total

6.91 1.2432 890.00
Domestic water pipeline trenching [2000'x3'4']
31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil120 $4,587.33CY Installation =x x 4,587.33
FactorUnit PriceQuantity Total

6.91 1.2432 534.00
Fire water pipeline trenching (1200x3x4)
31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil121 $15,273.93CY Installation =x x 15,273.93
FactorUnit PriceQuantity Total

6.91 1.2432 1,778.00
Trenching for electrical underground conduits and pull boxes (6000' x 2' x4') 31 23 16 13 0005 Over 12" Wide, Excavation for Trenching by Machine in Loose RockIncludes compacted aggregate
122 $63,273.86CY
Installation =x x 63,273.86
FactorUnit PriceQuantity Total

12.27 1.2432 4,148.00
Trenching for sewer line, manhole, lift station, grease interceptor (1400'x4'x12' + benching 1400'x8'x4') 31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
123 $4,003.55CY
Installation =x x 4,003.55
FactorUnit PriceQuantity Total
123.86 1.2432 26.00
Fire water pipeline trenching

Page 12 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
124 $3,079.66CY
Installation =x x 3,079.66
FactorUnit PriceQuantity Total
123.86 1.2432 20.00
Earthworks for storm drain pipeline, catch basin, manhole and retention system 31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
125 $3,079.66CY
Installation =x x 3,079.66
FactorUnit PriceQuantity Total
123.86 1.2432 20.00
onsite sewer lines
31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
126 $3,079.66CY
Installation =x x 3,079.66
FactorUnit PriceQuantity Total
123.86 1.2432 20.00
Trenching for electrical underground conduits and pull boxes 31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
127 $1,539.83CY
Installation =x x 1,539.83
FactorUnit PriceQuantity Total
123.86 1.2432 10.00
Trenching for onsite gas lines
31 23 16 13 0007 Excavation For Trenching By Hand In SoilIncludes stockpiling excess materials and trimming sides and bottom of trench.
128 $3,079.66CY
Installation =x x 3,079.66
FactorUnit PriceQuantity Total
123.86 1.2432 20.00
Domestic water pipeline trenching
31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
129 $8,244.83CY
Installation =x x 8,244.83
FactorUnit PriceQuantity Total

3.73 1.2432 1,778.00
Trenching for electrical underground conduits and pull boxes 31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
130 $16,610.22CY
Installation =x x 16,610.22
FactorUnit PriceQuantity Total

3.73 1.2432 3,582.00
Earthworks for storm drain pipeline, drop inlet, culvert headwall, area drain and manhole 31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
131 $19,234.84CY
Installation =x x 19,234.84
FactorUnit PriceQuantity Total

3.73 1.2432 4,148.00
Trenching for sewer line, manhole, lift station, grease interceptor 31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
132 $1,854.85CY
Installation =x x 1,854.85
FactorUnit PriceQuantity Total

3.73 1.2432 400.00
Trenching for onsite gas lines [1800'x2'x3']
31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
133 $2,476.23CY
Installation =x x 2,476.23
FactorUnit PriceQuantity Total

3.73 1.2432 534.00
Fire water pipeline trenching

Page 13 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
134 $4,127.05CY
Installation =x x 4,127.05
FactorUnit PriceQuantity Total

3.73 1.2432 890.00
Domestic water pipeline trenching
31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
135 $1,112.24CY
Installation =x x 1,112.24
FactorUnit PriceQuantity Total

34.41 1.2432 26.00
Fire water pipeline trenching
31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
136 $855.57CY
Installation =x x 855.57
FactorUnit PriceQuantity Total

34.41 1.2432 20.00
Earthworks for storm drain pipeline, catch basin, manhole and retention system 31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
137 $855.57CY
Installation =x x 855.57
FactorUnit PriceQuantity Total

34.41 1.2432 20.00
Domestic water pipeline trenching
31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
138 $427.79CY
Installation =x x 427.79
FactorUnit PriceQuantity Total

34.41 1.2432 10.00
Trenching for onsite gas lines
31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
139 $855.57CY
Installation =x x 855.57
FactorUnit PriceQuantity Total

34.41 1.2432 20.00
Trenching for sewer line, manhole, lift station, grease interceptor 31 23 16 13 0011 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Hand
140 $855.57CY
Installation =x x 855.57
FactorUnit PriceQuantity Total

34.41 1.2432 20.00
Trenching for electrical underground conduits and pull boxes 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
141 $32,062.63CY
Installation =x x 32,062.63
FactorUnit PriceQuantity Total

7.20 1.2432 3,582.00
Earthworks for storm drain pipeline, drop inlet, culvert headwall, area drain and manhole 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
142 $15,914.95CY
Installation =x x 15,914.95
FactorUnit PriceQuantity Total

7.20 1.2432 1,778.00
Trenching for electrical underground conduits and pull boxes 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
143 $7,966.43CY
Installation =x x 7,966.43
FactorUnit PriceQuantity Total

7.20 1.2432 890.00
Domestic water pipeline trenching

Page 14 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
144 $3,580.42CY
Installation =x x 3,580.42
FactorUnit PriceQuantity Total

7.20 1.2432 400.00
Trenching for onsite gas lines [1800'x2'x3']
31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
145 $4,779.86CY
Installation =x x 4,779.86
FactorUnit PriceQuantity Total

7.20 1.2432 534.00
Fire water pipeline trenching
31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
146 $37,128.91CY
Installation =x x 37,128.91
FactorUnit PriceQuantity Total

7.20 1.2432 4,148.00
Trenching for sewer line, manhole, lift station, grease interceptor 31 23 16 13 0014 Compaction of Fill or Subbase for Trenches by Hand147 $1,254.79CY Installation =x x 1,254.79
FactorUnit PriceQuantity Total

38.82 1.2432 26.00
Fire water pipeline trenching
31 23 16 13 0014 Compaction of Fill or Subbase for Trenches by Hand148 $965.22CY Installation =x x 965.22
FactorUnit PriceQuantity Total

38.82 1.2432 20.00
Trenching for electrical underground conduits and pull boxes 31 23 16 13 0014 Compaction of Fill or Subbase for Trenches by Hand149 $965.22CY Installation =x x 965.22
FactorUnit PriceQuantity Total

38.82 1.2432 20.00
Trenching for sewer line, manhole, lift station, grease interceptor 31 23 16 13 0014 Compaction of Fill or Subbase for Trenches by Hand150 $482.61CY Installation =x x 482.61
FactorUnit PriceQuantity Total

38.82 1.2432 10.00
Trenching for onsite gas lines [1800'x2'x3']
31 23 16 13 0014 Compaction of Fill or Subbase for Trenches by Hand151 $965.22CY Installation =x x 965.22
FactorUnit PriceQuantity Total

38.82 1.2432 20.00
Earthworks for storm drain pipeline, catch basin, manhole and retention system 31 23 16 13 0014 Compaction of Fill or Subbase for Trenches by Hand152 $965.22CY Installation =x x 965.22
FactorUnit PriceQuantity Total

38.82 1.2432 20.00
Domestic water pipeline trenching
31 23 16 13 0016 Load Excess Material by Machine for Removal from Excavation for Trenching153 $9,522.12CY Installation =x x 9,522.12
FactorUnit PriceQuantity Total

6.48 1.2432 1,182.00
Earthworks for storm drain pipeline, drop inlet, culvert headwall, area drain and manhole 31 23 16 13 0016 Load Excess Material by Machine for Removal from Excavation for Trenching154 $1,127.83CY Installation =x x 1,127.83
FactorUnit PriceQuantity Total

6.48 1.2432 140.00
domestic water pipeline trenching-stockpile excess dirt

Page 15 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
31 23 16 13 0016 Load Excess Material by Machine for Removal from Excavation for Trenching155 $8,055.94CY Installation =x x 8,055.94
FactorUnit PriceQuantity Total

6.48 1.2432 1,000.00
Trenching for sewer line, manhole, lift station, grease interceptor-stockpile excess dirt within the job site (NOTE: loading of excess dirt for stockpile for future disposal is a separate task item for trenching) 31 23 16 13 0016 Load Excess Material by Machine for Removal from Excavation for Trenching156 $322.24CY Installation =x x 322.24
FactorUnit PriceQuantity Total

6.48 1.2432 40.00
Trenching for electrical underground conduits and pull boxes (NOTE: loading of excess dirt for stockpile for future disposal is a separate task item for trenching)
31 23 16 13 0016 Load Excess Material by Machine for Removal from Excavation for Trenching157 $805.59CY Installation =x x 805.59
FactorUnit PriceQuantity Total

6.48 1.2432 100.00
Fire water pipeline trenching
31 23 16 13 0017 Load Excess Material by Hand for Removal from Excavation for Trenching158 $22,583.97CY Installation =x x 22,583.97
FactorUnit PriceQuantity Total

90.83 1.2432 200.00
Trenching for electrical underground conduits and pull boxes (NOTE: loading of excess dirt for stockpile for future disposal is a separate task item for trenching)
31 23 16 33 0002 Bulk Excavation by Dozer in Soil159 $232,638.67CY Installation =x x 232,638.67
FactorUnit PriceQuantity Total

9.43 1.2432 19,844.00
mass grading of entire project site about 4.1 acres or 178,596 SF x 3' ÷ 27 = 19,844 CY 31 23 16 33 0002 Bulk Excavation by Dozer in Soil160 $117,233.76CY Installation =x x 117,233.76
FactorUnit PriceQuantity Total

9.43 1.2432 10,000.00
excavation of infiltration basin
31 23 16 33 0009 Cutting, Shaping and Rough Grading Existing Elevations For Bulk Excavation by Machine
161 $80,435.04CY
Installation =x x 80,435.04
FactorUnit PriceQuantity Total

6.47 1.2432 10,000.00
grading of infiltration basin
31 23 16 33 0009 Cutting, Shaping and Rough Grading Existing Elevations For Bulk Excavation by Machine
162 $159,615.29CY
Installation =x x 159,615.29
FactorUnit PriceQuantity Total

6.47 1.2432 19,844.00
mass grading of entire project site about 4.1 acres or 178,596 SF x 3' ÷ 27 = 19,844 CY 31 23 16 33 0011 Relocating On Site Excavated Material From Bulk Excavation >100' to 300'163 $64,397.76CY Installation =x x 64,397.76
FactorUnit PriceQuantity Total

5.18 1.2432 10,000.00
move and stockpile soils for disposal
31 23 16 33 0013 Relocating On Site Excavated Material From Bulk Excavation >500' To 1,000'164 $95,724.66CY Installation =x x 95,724.66
FactorUnit PriceQuantity Total

11.64 1.2432 6,615.00
mass grading of entire project site about 4.1 acres (soils will be moved and stockpile within the site as means and method for grading, trenching and over-ex activities) 31 23 16 33 0016 Finish Grading for Bulk Excavation by Machine165 $7,571.39SY Installation =x x 7,571.39
FactorUnit PriceQuantity Total

0.64 1.2432 9,516.00
final finish grading and slope for infiltration basin 85642 SF or 9561 SY

Page 16 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
31 23 16 33 0016 Finish Grading for Bulk Excavation by Machine166 $15,788.84SY Installation =x x 15,788.84
FactorUnit PriceQuantity Total

0.64 1.2432 19,844.00
Mass grading finish and buildings pad
31 23 16 33 0018 Compaction of Fill or Subbase for Bulk Excavation by MachinePer Lift167 $81,411.20SY Installation =x x 81,411.20
FactorUnit PriceQuantity Total

0.66 1.2432 99,220.00
mass grading compaction by 8" lift of entire project site about 4.1 acres or 178,596 SF x 5 lifts ÷ 9 = 99,220 SY
31 23 16 33 0020 Loading Excess Material For Removal From Bulk Excavation168 $45,477.44CY Installation =x x 45,477.44
FactorUnit PriceQuantity Total

5.53 1.2432 6,615.00
removal and disposal of unsuitable top soils of entire project site about 4.1 acres or 178,596 SF x 1' ÷ 27 = 6,615 CY
31 23 16 33 0020 Loading Excess Material For Removal From Bulk Excavation169 $68,748.96CY Installation =x x 68,748.96
FactorUnit PriceQuantity Total

5.53 1.2432 10,000.00
loading to truck excess soils for disposal and haul off outside of project site 31 37 13 00 0008 3/8 To 1/4 CY Pieces Random, Dumped From Truck, Machine Spread And Placed Slope Protection (Keyed) Rip Rap
170 $3,347.58CY
Installation =x x 3,347.58
FactorUnit PriceQuantity Total

99.73 1.2432 27.00
headwall outlet structure
31 37 13 00 0018 Chinking Rip Rap171 $2,294.60CY
Installation =x x 2,294.60
FactorUnit PriceQuantity Total

68.36 1.2432 27.00
headwall outlet structure
31 37 13 00 0019 Grout For Rip Rap172 $7,012.02CY
Installation =x x 7,012.02
FactorUnit PriceQuantity Total
208.90 1.2432 27.00
headwall outlet structure
31 41 13 00 0003 8' Deep Excavation, Wood Shoring, Pull And Salvage173 $44,755.20SF Installation =x x 44,755.20
FactorUnit PriceQuantity Total

12.50 1.2432 2,880.00
shoring for sewer lines trench
33 05 61 00 0006 8' Deep, 3' Diameter, Precast Concrete Manhole174 $6,575.76EA Installation =x x 6,575.76
FactorUnit PriceQuantity Total
2,644.69 1.2432 2.00
Storm drain system manhole
33 05 61 00 0007 Riser For 3' Diameter, Precast Concrete ManholeFor depths greater than 8'.175 $4,193.26VLF Installation =x x 4,193.26
FactorUnit PriceQuantity Total
281.08 1.2432 12.00
Storm drain system manhole
33 05 61 00 0008 Drop Collar For 3' Diameter, Precast Concrete Manhole176 $2,253.20VLF Installation =x x 2,253.20
FactorUnit PriceQuantity Total
302.07 1.2432 6.00
Storm drain system manhole

Page 17 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 05 61 00 0009 Drop Base For 3' Diameter, Precast Concrete Manhole177 $1,185.39EA Installation =x x 1,185.39
FactorUnit PriceQuantity Total
476.75 1.2432 2.00
Storm drain system manhole
33 05 61 00 0010 Extended Base Slab For 3' Diameter, Precast Concrete Manhole178 $952.14EA Installation =x x 952.14
FactorUnit PriceQuantity Total
382.94 1.2432 2.00
Storm drain system manhole
33 05 61 00 0011 Precast Channel For 3' Diameter, Precast Concrete Manhole179 $1,349.42EA Installation =x x 1,349.42
FactorUnit PriceQuantity Total
542.72 1.2432 2.00
Storm drain system manhole
33 05 61 00 0030 Riser For 6' Diameter, Precast Concrete ManholeFor depths greater than 8'.180 $18,091.77VLF Installation =x x 18,091.77
FactorUnit PriceQuantity Total
692.98 1.2432 21.00
Sewer manhole riser
33 05 61 00 0039 8' Deep, 8' Diameter, Precast Concrete Manhole181 $113,129.29EA Installation =x x 113,129.29
FactorUnit PriceQuantity Total
15,166.41 1.2432 6.00
Sewer manhole
33 05 81 00 0004 Galvanized Steel Manhole Step For New Manholes182 $824.09EA Installation =x x 824.09
FactorUnit PriceQuantity Total

55.24 1.2432 12.00
Storm drain system manhole
33 05 81 00 0004 Galvanized Steel Manhole Step For New Manholes183 $2,884.32EA Installation =x x 2,884.32
FactorUnit PriceQuantity Total

55.24 1.2432 42.00
Sewer manhole steps
33 05 81 00 0025 30" Diameter, Gray Iron, Watertight Manhole Cover With Frame184 $12,687.13EA Installation =x x 12,687.13
FactorUnit PriceQuantity Total
1,700.87 1.2432 6.00
Sewer manhole cover
33 05 84 00 0046 Single Channel Concrete Invert For Manholes185 $956.92EA Installation =x x 956.92
FactorUnit PriceQuantity Total
384.86 1.2432 2.00
Storm drain system manhole
33 05 97 23 0007 6" Detectable Utility Warning Tape186 $751.89CLF Installation =x x 751.89
FactorUnit PriceQuantity Total

15.12 1.2432 40.00
Storm drain system pipe warning tape
33 05 97 23 0007 6" Detectable Utility Warning Tape187 $375.94CLF Installation =x x 375.94
FactorUnit PriceQuantity Total

15.12 1.2432 20.00
Domestic water system pipe warning tape
33 05 97 23 0007 6" Detectable Utility Warning Tape188 $263.16CLF Installation =x x 263.16
FactorUnit PriceQuantity Total

15.12 1.2432 14.00
Sewer system pipe warning tape

Page 18 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 05 97 23 0007 6" Detectable Utility Warning Tape189 $939.86CLF Installation =x x 939.86
FactorUnit PriceQuantity Total

15.12 1.2432 50.00
Electrical conduits warning tape
33 05 97 23 0007 6" Detectable Utility Warning Tape190 $225.57CLF Installation =x x 225.57
FactorUnit PriceQuantity Total

15.12 1.2432 12.00
Fire system pipe warning tape
33 05 97 23 0007 6" Detectable Utility Warning Tape191 $338.35CLF Installation =x x 338.35
FactorUnit PriceQuantity Total

15.12 1.2432 18.00
Gas system pipe warning tape
33 14 13 13 0023 8" Mechanical Joint Ductile Iron 90 Degree Elbow192 $5,518.17EA Installation =x x 5,518.17
FactorUnit PriceQuantity Total
369.89 1.2432 12.00
8" bend
33 14 13 13 0025 12" Mechanical Joint Ductile Iron 90 Degree Elbow193 $859.97EA Installation =x x 859.97
FactorUnit PriceQuantity Total
691.74 1.2432 1.00
12" bend
33 14 13 13 0089 12" Mechanical Joint x Plain End (MJxPE) Ductile Iron 90 Degree Elbow194 $1,904.58EA Installation =x x 1,904.58
FactorUnit PriceQuantity Total
766.00 1.2432 2.00
12" bend
33 14 13 13 0118 8" x 4" Mechanical Joint Ductile Iron Tee195 $524.33EA Installation =x x 524.33
FactorUnit PriceQuantity Total
421.76 1.2432 1.00
8"x8"x4" Tee
33 14 13 13 0120 8" x 8" Mechanical Joint Ductile Iron Tee196 $1,376.07EA Installation =x x 1,376.07
FactorUnit PriceQuantity Total
553.44 1.2432 2.00
8" Tee
33 14 13 13 0127 12" x 8" Mechanical Joint Ductile Iron Tee197 $1,192.68EA Installation =x x 1,192.68
FactorUnit PriceQuantity Total
959.36 1.2432 1.00
12"x12"x8" Tee
33 14 13 13 0410 12" x 8" Mechanical Joint x Mechanical Joint Ductile Iron Reducer198 $1,924.62EA Installation =x x 1,924.62
FactorUnit PriceQuantity Total
387.03 1.2432 4.00
12"x8" reducing elbow
33 14 13 23 0185 4" AWWA C900, DR 14, PC 305 Polyvinyl Chloride (PVC) Pipe199 $270.27LF Installation =x x 270.27
FactorUnit PriceQuantity Total

10.87 1.2432 20.00
Domestic water pipeline
33 14 13 23 0185 4" AWWA C900, DR 14, PC 305 Polyvinyl Chloride (PVC) Pipe200 $2,702.72LF Installation =x x 2,702.72
FactorUnit PriceQuantity Total

10.87 1.2432 200.00
Fire water lateral pipe

Page 19 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 14 13 23 0187 8" AWWA C900, DR 14, PC 305 Polyvinyl Chloride (PVC) Pipe201 $35,558.75LF Installation =x x 35,558.75
FactorUnit PriceQuantity Total

23.16 1.2432 1,235.00
8" water main
33 14 13 23 0187 8" AWWA C900, DR 14, PC 305 Polyvinyl Chloride (PVC) Pipe202 $27,352.89LF Installation =x x 27,352.89
FactorUnit PriceQuantity Total

23.16 1.2432 950.00
Fire water main pipe
33 14 13 23 0189 12" AWWA C900, DR 14, PC 305 Polyvinyl Chloride (PVC) Pipe203 $11,405.39LF Installation =x x 11,405.39
FactorUnit PriceQuantity Total

41.14 1.2432 223.00
12" water main
33 14 13 39 0007 2" Type L Copper Water Distribution Pipe204 $17,853.28LF Installation =x x 17,853.28
FactorUnit PriceQuantity Total

26.35 1.2432 545.00
2" domestic water pipeline + irrigation main line
33 14 13 39 0040 2" Copper Flare x Female Iron Pipe Service Fitting Coupling205 $5,133.79EA Installation =x x 5,133.79
FactorUnit PriceQuantity Total
165.18 1.2432 25.00
Domestic water pipeline
33 14 13 39 0053 2" x 1-1/2" Brass Compression Reducer Coupling206 $1,077.61EA Installation =x x 1,077.61
FactorUnit PriceQuantity Total

86.68 1.2432 10.00
Domestic water pipeline
33 14 13 39 0062 2" Copper Compression x Male NPT Brass Coupling207 $1,478.66EA Installation =x x 1,478.66
FactorUnit PriceQuantity Total
118.94 1.2432 10.00
Domestic water pipeline
33 14 19 00 0039 6" Handwheel Operated, Flanged, ANSI Class 125, Cast Iron Body, Acrylonitrile-Butadiene Packing, Acrylonitrile-Butadiene Seat, Class AWWA C-504, Cast Iron Disc, 304 Stainless Steel Pin, Butterfly Valve (DeZurik BAW,6,F1,CI,NBRN-NBR,150B,CI-S2*GS-6B-HD8)
208 $7,003.27EA
Installation =x x 7,003.27
FactorUnit PriceQuantity Total
2,816.63 1.2432 2.00
Fire water pipeline
33 14 19 00 0041 8" Handwheel Operated, Flanged, ANSI Class 125, Cast Iron Body, Acrylonitrile-Butadiene Packing, Acrylonitrile-Butadiene Seat, Class AWWA C-504, Cast Iron Disc, 304 Stainless Steel Pin, Butterfly Valve (DeZurik BAW,8,F1,CI,NBRN-NBR,150B,CI-S2*GS-6B-HD8)
209 $15,793.81EA
Installation =x x 15,793.81
FactorUnit PriceQuantity Total
3,176.04 1.2432 4.00
Fire water pipeline
33 14 19 00 0072 4" Flanged Cast Iron Butterfly Valve, Cast Iron Disc With 316 Stainless Steel Edge, Lever, AWWA C504
210 $13,343.64EA
Installation =x x 13,343.64
FactorUnit PriceQuantity Total
1,073.33 1.2432 10.00
Domestic water pipeline

Page 20 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 14 19 00 0073 6" Flanged Cast Iron Butterfly Valve, Cast Iron Disc With 316 Stainless Steel Edge, Gear Operator, AWWA C504
211 $3,480.09EA
Installation =x x 3,480.09
FactorUnit PriceQuantity Total
1,399.65 1.2432 2.00
Fire water pipeline
33 14 19 00 0074 8" Flanged Cast Iron Butterfly Valve, Cast Iron Disc With 316 Stainless Steel Edge, Gear Operator, AWWA C504
212 $4,137.64EA
Installation =x x 4,137.64
FactorUnit PriceQuantity Total
1,664.11 1.2432 2.00
Fire water pipeline
33 14 19 00 0204 2" Gate Valve, Flanged213 $6,633.72EA Installation =x x 6,633.72
FactorUnit PriceQuantity Total
533.60 1.2432 10.00
Domestic water pipeline
33 14 19 00 0206 3" Gate Valve, Flanged214 $9,126.95EA Installation =x x 9,126.95
FactorUnit PriceQuantity Total
734.15 1.2432 10.00
Domestic water pipeline
33 14 19 00 0207 4" Gate Valve, Flanged215 $4,958.28EA Installation =x x 4,958.28
FactorUnit PriceQuantity Total
997.08 1.2432 4.00
Domestic water pipeline
33 14 19 00 0208 6" Gate Valve, Flanged216 $6,078.05EA Installation =x x 6,078.05
FactorUnit PriceQuantity Total
1,222.26 1.2432 4.00
Fire water pipeline
33 14 19 00 0209 8" Gate Valve, Flanged217 $8,871.23EA Installation =x x 8,871.23
FactorUnit PriceQuantity Total
1,783.95 1.2432 4.00
Fire water pipeline
33 14 19 00 0371 14-1/2" ID x 12" Traffic Valve Box And 13-1/4" OD Cast Iron Lid (Christy G-12)218 $7,232.69EA Installation =x x 7,232.69
FactorUnit PriceQuantity Total
581.78 1.2432 10.00
Domestic water pipeline
33 14 19 00 0371 14-1/2" ID x 12" Traffic Valve Box And 13-1/4" OD Cast Iron Lid (Christy G-12)219 $12,295.57EA Installation =x x 12,295.57
FactorUnit PriceQuantity Total
581.78 1.2432 17.00
Gas SOV yard box
33 14 19 00 0395 6' Burial Section, 5-1/4" Valve, Three Way, Standard Type (Traditional) Fire Hydrant
220 $33,246.92EA
Installation =x x 33,246.92
FactorUnit PriceQuantity Total
4,457.17 1.2432 6.00
Fire water pipeline
33 14 19 00 0395 6' Burial Section, 5-1/4" Valve, Three Way, Standard Type (Traditional) Fire Hydrant
221 $22,164.62EA
Installation =x x 22,164.61
FactorUnit PriceQuantity Total
4,457.17 1.2432 4.00
Fire hydrant

Page 21 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 14 19 00 0467 24" Long, 5-1/4" Diameter, Fire Hydrant Extension Kit222 $4,492.63EA Installation =x x 4,492.63
FactorUnit PriceQuantity Total
903.44 1.2432 4.00
Fire hydrant extension kit
33 14 19 00 0467 24" Long, 5-1/4" Diameter, Fire Hydrant Extension Kit223 $6,738.94EA Installation =x x 6,738.94
FactorUnit PriceQuantity Total
903.44 1.2432 6.00
Fire water pipeline
33 14 23 00 0076 45" To 66" High, Three Piece, Screw Type, 5-1/4" Shaft, Round Head, Cast Iron Valve BoxIncludes cover, top section, bottom section and #6 round base. 224 $6,447.63EA
Installation =x x 6,447.63
FactorUnit PriceQuantity Total
648.29 1.2432 8.00
Fire water pipeline
33 19 13 23 0006 2" Diameter, 0 To 160 GPM, Screwed, Disk Type, Bronze Water Supply Meter225 $1,659.19EA Installation =x x 1,659.19
FactorUnit PriceQuantity Total
1,334.61 1.2432 1.00
Domestic water pipeline
33 19 13 23 0012 2" Diameter Transmitting Water Supply Meter, Screwed, 150 PSI Max. (Neptune T10 E-Coder/R900i)
226 $2,074.55EA
Installation =x x 2,074.55
FactorUnit PriceQuantity Total
1,668.72 1.2432 1.00
Domestic water pipeline
33 19 16 13 0010 8" Diameter, 0 - 750 GPM, Flanged, Spectrum Water MeterMetron-Farnier #Spectrum 440.
227 $30,525.21EA
Installation =x x 30,525.21
FactorUnit PriceQuantity Total
12,276.87 1.2432 2.00
water meter
33 19 19 00 0002 2" Diameter, 0 To 160 GPM, Flanged And Bronze, Compound Type Water Service Meter
228 $3,013.57EA
Installation =x x 3,013.57
FactorUnit PriceQuantity Total
2,424.04 1.2432 1.00
2" domestic water pipeline meter
33 31 11 00 0020 4" 1/4 Bend, Polyvinyl Chloride (PVC) Sewer And Drain229 $874.84EA Installation =x x 874.84
FactorUnit PriceQuantity Total

70.37 1.2432 10.00
onsite sewer lines
33 31 11 00 0022 8" 1/4 Bend, Polyvinyl Chloride (PVC) Sewer And Drain230 $5,082.57EA Installation =x x 5,082.57
FactorUnit PriceQuantity Total
408.83 1.2432 10.00
onsite sewer lines
33 31 11 00 0028 4" 1/8 Bend, Polyvinyl Chloride (PVC) Sewer And Drain231 $792.04EA Installation =x x 792.04
FactorUnit PriceQuantity Total

63.71 1.2432 10.00
onsite sewer lines
33 31 11 00 0030 8" 1/8 Bend, Polyvinyl Chloride (PVC) Sewer And Drain232 $4,592.38EA Installation =x x 4,592.38
FactorUnit PriceQuantity Total
369.40 1.2432 10.00
onsite sewer lines

Page 22 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 31 11 00 0037 4" Long Sweep 1/4 Bend, Polyvinyl Chloride (PVC) Sewer And Drain233 $1,540.92EA Installation =x x 1,540.92
FactorUnit PriceQuantity Total
103.29 1.2432 12.00
onsite sewer lines
33 31 11 00 0039 8" Long Sweep 1/4 Bend, Polyvinyl Chloride (PVC) Sewer And Drain234 $4,782.24EA Installation =x x 4,782.24
FactorUnit PriceQuantity Total
320.56 1.2432 12.00
onsite sewer lines
33 31 11 00 0058 8" x 6" Reducer, Polyvinyl Chloride (PVC) Sewer And Drain235 $5,668.49EA Installation =x x 5,668.49
FactorUnit PriceQuantity Total
455.96 1.2432 10.00
onsite sewer lines
33 31 11 00 0069 4" Sanitary Tee, Polyvinyl Chloride (PVC) Sewer And Drain236 $551.23EA Installation =x x 551.23
FactorUnit PriceQuantity Total
110.85 1.2432 4.00
onsite sewer lines
33 31 11 00 0071 8" Sanitary Tee, Polyvinyl Chloride (PVC) Sewer And Drain237 $2,345.42EA Installation =x x 2,345.42
FactorUnit PriceQuantity Total
471.65 1.2432 4.00
onsite sewer lines
33 31 11 00 0112 4" Polyvinyl Chloride (PVC) Cleanout Tees With Plug, Sewer And Drain238 $1,863.46EA Installation =x x 1,863.46
FactorUnit PriceQuantity Total
374.73 1.2432 4.00
onsite sewer lines
33 31 11 00 0114 8" Polyvinyl Chloride (PVC) Cleanout Tees With Plug, Sewer And Drain239 $5,381.37EA Installation =x x 5,381.37
FactorUnit PriceQuantity Total
1,082.16 1.2432 4.00
onsite sewer lines
33 31 11 00 0120 4" Coupling, Polyvinyl Chloride (PVC) Sewer And Drain240 $4,268.65EA Installation =x x 4,268.65
FactorUnit PriceQuantity Total

53.65 1.2432 64.00
onsite sewer lines
33 31 11 00 0122 8" Coupling, Polyvinyl Chloride (PVC) Sewer And Drain241 $28,203.61EA Installation =x x 28,203.61
FactorUnit PriceQuantity Total
324.09 1.2432 70.00
onsite sewer lines
33 31 11 00 0142 4" Plug Cleanout, Polyvinyl Chloride (PVC) Sewer And Drain242 $759.35EA Installation =x x 759.35
FactorUnit PriceQuantity Total

50.90 1.2432 12.00
onsite sewer lines
33 31 11 00 0144 8" Plug Cleanout, Polyvinyl Chloride (PVC) Sewer And Drain243 $3,659.98EA Installation =x x 3,659.98
FactorUnit PriceQuantity Total
294.40 1.2432 10.00
onsite sewer lines
33 31 11 00 0146 4" Gasketed SDR 35 Polyvinyl Chloride (PVC) Pipe244 $45,510.82LF Installation =x x 45,510.82
FactorUnit PriceQuantity Total

16.49 1.2432 2,220.00
Storm drain system pipes

Page 23 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 31 11 00 0147 6" Gasketed SDR 35 Polyvinyl Chloride (PVC) Pipe245 $7,593.04LF Installation =x x 7,593.04
FactorUnit PriceQuantity Total

21.97 1.2432 278.00
Storm drain system pipes
33 31 11 00 0152 18" Gasketed SDR 35 Polyvinyl Chloride (PVC) Pipe246 $52,564.98LF Installation =x x 52,564.98
FactorUnit PriceQuantity Total

72.90 1.2432 580.00
Storm drain system pipes
33 31 11 00 0154 24" Gasketed SDR 35 Polyvinyl Chloride (PVC) Pipe247 $122,802.80LF Installation =x x 122,802.80
FactorUnit PriceQuantity Total
114.86 1.2432 860.00
Storm drain system pipes-storm drain line A & B and offsite storm drain line from drop inlet to headwall 33 31 11 00 0157 4" Solvent Weld SDR 35 Polyvinyl Chloride (PVC) Pipe248 $12,818.14LF Installation =x x 12,818.14
FactorUnit PriceQuantity Total

16.63 1.2432 620.00
4" sewer force main (235 LF) and Sewer laterals (385 LF) per private sewer & water plan sheet 1 thru 4 33 31 11 00 0159 8" Solvent Weld SDR 35 Polyvinyl Chloride (PVC) Pipe249 $24,888.86LF Installation =x x 24,888.86
FactorUnit PriceQuantity Total

30.80 1.2432 650.00
8" SDR 35 sewer main per private sewer & water plan sheet 1 thru 4 33 31 11 00 0162 4" 1/4 Bend, Gasketed SDR 35 Polyvinyl Chloride (PVC)250 $1,479.41EA Installation =x x 1,479.41
FactorUnit PriceQuantity Total

70.00 1.2432 17.00
storm drain system pipe bend fittings
33 31 11 00 0163 6" 1/4 Bend, Gasketed SDR 35 Polyvinyl Chloride (PVC)251 $255.08EA Installation =x x 255.08
FactorUnit PriceQuantity Total
102.59 1.2432 2.00
storm drain system pipe bend fittings
33 31 11 00 0169 6" 1/8 Bend, Gasketed SDR 35 Polyvinyl Chloride (PVC)252 $118.71EA Installation =x x 118.71
FactorUnit PriceQuantity Total

95.49 1.2432 1.00
storm drain system pipe bend fittings
33 31 11 00 0174 18" 1/8 Bend, Gasketed SDR 35 Polyvinyl Chloride (PVC)253 $25,652.69EA Installation =x x 25,652.69
FactorUnit PriceQuantity Total
2,063.44 1.2432 10.00
storm drain system pipe bend fittings
33 31 11 00 0176 24" 1/8 Bend, Gasketed SDR 35 Polyvinyl Chloride (PVC)254 $46,618.11EA Installation =x x 46,618.11
FactorUnit PriceQuantity Total
4,687.31 1.2432 8.00
storm drain system pipe bend fittings
33 31 11 00 0178 4" Sanitary Tees, Gasketed SDR 35 Polyvinyl Chloride (PVC)255 $3,818.35EA Installation =x x 3,818.35
FactorUnit PriceQuantity Total
105.91 1.2432 29.00
storm drain system pipe fittings
33 31 11 00 0179 6" x 4" Sanitary Tees, Gasketed SDR 35 Polyvinyl Chloride (PVC)256 $1,670.96EA Installation =x x 1,670.96
FactorUnit PriceQuantity Total
168.01 1.2432 8.00
storm drain system pipe fittings

Page 24 of 31 ends

3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 31 11 00 0211 15" Wye, Gasketed SDR 35 Polyvinyl Chloride (PVC)257 $2,610.27EA Installation =x x 2,610.27
FactorUnit PriceQuantity Total
2,099.64 1.2432 1.00
storm drain system pipe fittings
33 31 11 00 0213 4" Coupling, Gasketed SDR 35 Polyvinyl Chloride (PVC)258 $9,581.01EA Installation =x x 9,581.01
FactorUnit PriceQuantity Total

69.43 1.2432 111.00
storm drain system pipe fittings
33 31 11 00 0214 6" Coupling, Gasketed SDR 35 Polyvinyl Chloride (PVC)259 $1,851.70EA Installation =x x 1,851.70
FactorUnit PriceQuantity Total
106.39 1.2432 14.00
storm drain system pipe fittings
33 31 11 00 0219 18" Coupling, Gasketed SDR 35 Polyvinyl Chloride (PVC)260 $54,372.31EA Installation =x x 54,372.31
FactorUnit PriceQuantity Total
1,508.13 1.2432 29.00
storm drain system pipe fittings
33 31 11 00 0221 24" Coupling, Gasketed SDR 35 Polyvinyl Chloride (PVC)261 $194,293.25EA Installation =x x 194,293.25
FactorUnit PriceQuantity Total
3,634.53 1.2432 43.00
storm drain system pipe fittings
33 31 11 00 0231 15" x 12" Increaser, Gasketed SDR 35 Polyvinyl Chloride (PVC)262 $1,372.17EA Installation =x x 1,372.17
FactorUnit PriceQuantity Total
1,103.74 1.2432 1.00
storm drain system pipe fittings
33 42 23 00 0013 60" Pipe, Skewed Wingwall, Cast In Place Concrete Headwall263 $31,853.30EA Installation =x x 31,853.30
FactorUnit PriceQuantity Total
12,811.01 1.2432 2.00
headwall outlet structure
33 42 31 00 0312 72" Height, 42" x 48" ID, Precast Concrete Inlet Box Riser264 $5,771.83EA Installation =x x 5,771.83
FactorUnit PriceQuantity Total
2,321.36 1.2432 2.00
storm drain drop inlet
33 42 31 00 0314 42" x 48" ID, Precast Concrete Inlet Box Top Slab265 $2,219.49EA Installation =x x 2,219.48
FactorUnit PriceQuantity Total
892.65 1.2432 2.00
storm drain drop inlet
33 42 31 00 0323 72" Height, 48" x 54" ID, Precast Concrete Inlet Box266 $9,500.58EA Installation =x x 9,500.58
FactorUnit PriceQuantity Total
3,821.02 1.2432 2.00
storm drain manhole
33 42 31 00 0437 28" Diameter Cast Iron Catch Basin Frame And Cover267 $1,813.95EA Installation =x x 1,813.95
FactorUnit PriceQuantity Total
729.55 1.2432 2.00
storm drain manhole
33 42 31 00 0449 10" Diameter Ductile Iron Grate Adapters To 4", 6", or 8" Diameter Pipe268 $17,368.08EA Installation =x x 17,368.08
FactorUnit PriceQuantity Total
188.79 1.2432 74.00
area drains

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 42 31 00 0460 8' Deep Type OS Concrete Drainage Inlet Structure, 8" Wall Thickness269 $14,804.67EA Installation =x x 14,804.67
FactorUnit PriceQuantity Total
5,954.26 1.2432 2.00
storm drain drop inlet
33 42 33 00 0005 24" x 24" Cast Iron Curb Inlet Frame And Cover270 $2,085.42EA Installation =x x 2,085.42
FactorUnit PriceQuantity Total
838.73 1.2432 2.00
storm drain drop inlet
33 42 36 00 0014 6" Wide, High Density Polyethylene, Modular Trench Drain271 $12,398.19LF Installation =x x 12,398.18
FactorUnit PriceQuantity Total
124.66 1.2432 80.00
area drains
33 52 16 13 0003 1/2" Diameter Schedule 40 Steel Gas Distribution Line, Plain End, Coal Tar Enamel
272 $3,654.26LF
Installation =x x 3,654.26
FactorUnit PriceQuantity Total

16.33 1.2432 180.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0004 3/4" Diameter Schedule 40 Steel Gas Distribution Line, Plain End, Coal Tar Enamel
273 $2,337.22LF
Installation =x x 2,337.22
FactorUnit PriceQuantity Total

18.80 1.2432 100.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0005 1" Diameter Schedule 40 Steel Gas Distribution Line, Plain End, Coal Tar Enamel
274 $16,846.98LF
Installation =x x 16,846.98
FactorUnit PriceQuantity Total

21.51 1.2432 630.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0006 1-1/4" Diameter Schedule 40 Steel Gas Distribution Line, Plain End, Coal Tar Enamel
275 $19,188.79LF
Installation =x x 19,188.79
FactorUnit PriceQuantity Total

22.05 1.2432 700.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0007 1-1/2" Diameter Schedule 40 Steel Gas Distribution Line, Plain End, Coal Tar Enamel
276 $5,691.37LF
Installation =x x 5,691.37
FactorUnit PriceQuantity Total

22.89 1.2432 200.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0027 1" Iron Pipe Size Weld Base, 1" Iron Pipe Size Compression/Plain End Pipe Outlet Punch Valve Steel Service Tee
277 $44,859.03EA
Installation =x x 44,859.03
FactorUnit PriceQuantity Total
2,122.56 1.2432 17.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0032 1/2" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe278 $1,038.32LF Installation =x x 1,038.32
FactorUnit PriceQuantity Total

4.64 1.2432 180.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0033 3/4" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe279 $597.98LF Installation =x x 597.98
FactorUnit PriceQuantity Total

4.81 1.2432 100.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 52 16 13 0034 1" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe280 $3,916.08LF Installation =x x 3,916.08
FactorUnit PriceQuantity Total

5.00 1.2432 630.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0035 1-1/4" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe281 $4,934.26LF Installation =x x 4,934.26
FactorUnit PriceQuantity Total

5.67 1.2432 700.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0036 1-1/2" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe282 $1,479.41LF Installation =x x 1,479.41
FactorUnit PriceQuantity Total

5.95 1.2432 200.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0043 1/2" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe Fittings283 $421.82EA Installation =x x 421.82
FactorUnit PriceQuantity Total

18.85 1.2432 18.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0044 3/4" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe Fittings284 $234.34EA Installation =x x 234.34
FactorUnit PriceQuantity Total

18.85 1.2432 10.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0045 1" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe Fittings285 $1,795.91EA Installation =x x 1,795.91
FactorUnit PriceQuantity Total

22.93 1.2432 63.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0046 1-1/4" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe Fittings286 $2,312.23EA Installation =x x 2,312.23
FactorUnit PriceQuantity Total

26.57 1.2432 70.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 52 16 13 0047 1-1/2" Outside Pipe Diameter, Corrosion Protection Wrap For Pipe Fittings287 $660.64EA Installation =x x 660.64
FactorUnit PriceQuantity Total

26.57 1.2432 20.00
onsite medium pressure gas [MPG] lines and fittings per P-1.01 33 71 19 13 0003 24" x 36" x 24", Electric Pull Boxes, Precast Concrete288 $8,670.18EA Installation =x x 8,670.18
FactorUnit PriceQuantity Total
1,743.52 1.2432 4.00
Electrical site pull box
33 71 19 13 0004 24" x 36" x 36", Electric Pull Boxes, Precast Concrete289 $18,131.45EA Installation =x x 18,131.45
FactorUnit PriceQuantity Total
2,083.50 1.2432 7.00
low voltage underground conduits pull box
33 71 19 13 0009 48" x 60" x 48", Electric Pull Boxes, Precast Concrete290 $6,093.02EA Installation =x x 6,093.02
FactorUnit PriceQuantity Total
4,901.08 1.2432 1.00
Electrical Main Switchboard pull box
33 71 19 13 0010 18" x 28" x 34", Electric Pull Boxes, Precast Concrete291 $11,512.84EA Installation =x x 11,512.84
FactorUnit PriceQuantity Total
1,852.13 1.2432 5.00
fire alarm system underground conduit pull box

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
SITE-PHASE 1
33 71 19 13 0011 14" x 20" x 12", Electric Pull Boxes, Precast Concrete292 $60,929.84EA Installation =x x 60,929.84
FactorUnit PriceQuantity Total
960.99 1.2432 51.00
walkway light pole pull box
33 71 19 13 0013 24" x 36" x 12", Electric Pull Boxes, Precast Concrete293 $29,078.76EA Installation =x x 29,078.76
FactorUnit PriceQuantity Total
1,559.35 1.2432 15.00
parking area light pole pull box
33 71 19 13 0061 6' x 4' x 5' Deep Property Line Box294 $5,437.47EA Installation =x x 5,437.47
FactorUnit PriceQuantity Total
4,373.77 1.2432 1.00
for main switchboard pad
33 71 19 13 0062 11'-6" x 4'-6" x 6' Deep Property Line Box295 $8,309.76EA Installation =x x 8,309.76
FactorUnit PriceQuantity Total
6,684.17 1.2432 1.00
for transformer pad/vault
33 71 19 23 0002 36" x 6" x 6", Underground Electric Concrete Marker296 $3,958.60EA Installation =x x 3,958.60
FactorUnit PriceQuantity Total
318.42 1.2432 10.00
SCE underground conduit markers
$3,809,412.05Subtotal for SITE-PHASE 1
VVWRA
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
297 $5,152.44EA
Installation =x x 5,152.44
FactorUnit PriceQuantity Total

1.00 1.1000 4,684.04
Bond Fees calculated at 1% of total amount of $468,404.38 01 22 20 00 0065 Senior Surveyor (Party Chief)298 $2,285.90HR Installation =x x 2,285.90
FactorUnit PriceQuantity Total
114.92 1.2432 16.00
Survey crew - 2 site visits
01 22 20 00 0066 Surveyor (Instrument person)299 $2,182.06HR Installation =x x 2,182.06
FactorUnit PriceQuantity Total
109.70 1.2432 16.00
Survey crew - 2 site visits
01 22 20 00 0067 Surveyor (Rod Person)300 $2,163.37HR Installation =x x 2,163.37
FactorUnit PriceQuantity Total
108.76 1.2432 16.00
Survey crew - 2 site visits
01 22 20 00 0087 Flagperson For Traffic Control301 $8,152.41HR Installation =x x 8,152.41
FactorUnit PriceQuantity Total

81.97 1.2432 80.00
2-men flagperson

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3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
VVWRA
01 22 23 00 0964 20 To 25 Ton Lift, Truck Mounted Hydraulic Crane With Full-Time Operator302 $15,697.76WK Installation =x x 15,697.76
FactorUnit PriceQuantity Total
6,313.45 1.2432 2.00
Rigging of manhole and pipes
01 22 23 00 1422 13 CY Rear Dump Truck With Full-Time Truck Driver303 $28,356.00DAY Installation =x x 28,356.00
FactorUnit PriceQuantity Total
1,900.74 1.2432 12.00
140 loads of excess dirt [4 trucks x 3 days = 12]
01 71 13 00 0002 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc.
304 $1,360.41EA
Installation =x x 1,360.41
FactorUnit PriceQuantity Total
273.57 1.2432 4.00
mobilization/demobilization: [1] excavator, [1] loader, [1] roller, [1] water truck 01 71 13 00 0008 >20 To 40 Ton Lift Move On/Off Cost, Hydraulic CraneIncludes delivery and pickup.
305 $884.26EA
Installation =x x 884.26
FactorUnit PriceQuantity Total
711.28 1.2432 1.00
mobilization/demobilization: [1] crane
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 306 $845.35EA
Installation =x x 845.35
FactorUnit PriceQuantity Total
679.98 1.2432 1.00
Dumpster for construction debris
01 74 19 00 0021 Rampless Concrete Washout BinIncludes delivery.307 $577.74MO Installation =x x 577.74
FactorUnit PriceQuantity Total
464.72 1.2432 1.00
SWPPP/Erosion controls requirements
01 74 19 00 0023 Interim Vacuum Service, Concrete Washout BinIncludes vacuum and recycle excess clear liquid from the unfilled bin to allow additional space for washout material.
308 $619.93EA
Installation =x x 619.93
FactorUnit PriceQuantity Total
498.66 1.2432 1.00
SWPPP/Erosion controls requirements
01 74 19 00 0024 Vacuum, Pickup, Swap And Dump, Concrete Washout BinIncludes vacuum the liquid from the full bin and pick up the bin, and recycle all material. An empty bin will be left at the site if the project is not completed. 309 $1,343.19EA
Installation =x x 1,343.19
FactorUnit PriceQuantity Total
1,080.43 1.2432 1.00
SWPPP/Erosion controls requirements
01 74 19 00 0034 Traditional Building Construction Materials Landfill Dump Fee310 $8,953.17CY Installation =x x 8,953.17
FactorUnit PriceQuantity Total

13.77 1.2432 523.00
landfill dump fee
03 37 16 00 0010 35 CY/HR, 66 HP Trailer Mounted Concrete PumpIncludes hoses311 $2,511.26HR Installation =x x 2,511.26
FactorUnit PriceQuantity Total
126.25 1.2432 16.00
concrete pours pump

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3/10/2022
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
VVWRA
31 23 16 13 0003 Over 12" Wide, Excavation for Trenching by Machine in Soil312 $12,671.01CY Installation =x x 12,671.01
FactorUnit PriceQuantity Total

6.91 1.2432 1,475.00
trenching for 48" dia. HDPE sewer line [362'L x 6'W x 10'D + Top 5' benching [362'L x 10'W x 5'D] less CSLM [523]
31 23 16 13 0010 Backfilling or Placing Subbase for Trenches with Imported or Stockpiled Materials by Machine
313 $4,414.55CY
Installation =x x 4,414.55
FactorUnit PriceQuantity Total

3.73 1.2432 952.00
backfill trenching for 48" dia. HDPE sewer line less CSLM 31 23 16 13 0013 Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera
314 $8,521.39CY
Installation =x x 8,521.39
FactorUnit PriceQuantity Total

7.20 1.2432 952.00
compact trenching for 48" dia. HDPE sewer line less CSLM 31 23 16 13 0016 Load Excess Material by Machine for Removal from Excavation for Trenching315 $1,562.85CY Installation =x x 1,562.85
FactorUnit PriceQuantity Total

6.48 1.2432 194.00
excess excavated dirt loading for relocation within the job site [48" dia. x 362' plus 15% swell factor 31 23 19 00 0007 >500' To 1,000' In Length Well Point System Delivery, Installation And Removal316 $22,177.89LF Installation =x x 22,177.89
FactorUnit PriceQuantity Total

49.28 1.2432 362.00
dewatering delivery, installation and removal
31 23 19 00 0013 >500' To 1,000' In Length Well Point System Rental (LF x Days = Quantity)317 $12,016.03LFD Installation =x x 12,016.03
FactorUnit PriceQuantity Total

0.89 1.2432 10,860.00
dewatering rental 362' x 30 days
31 23 19 00 0016 Operation Costs318 $30,863.19HR
Installation =x x 30,863.19
FactorUnit PriceQuantity Total
103.44 1.2432 240.00
dewatering operation cost 30 days x 8 hrs
31 23 23 33 0002 Flowable Cement Backfill for Trenches319 $100,081.76CY Installation =x x 100,081.76
FactorUnit PriceQuantity Total
226.77 1.2432 355.00
Task item for CLSM cover to 48" HDPE (362'L x 6'W x 6.5'D less pipe 48" dia. x 362') 31 25 14 23 0002 50 LB Capacity Sand Bag With Sand320 $1,586.32BAG Installation =x x 1,586.32
FactorUnit PriceQuantity Total

6.38 1.2432 200.00
SWPPP/Erosion controls requirements
31 25 14 26 0036 12" Diameter Fiber Roll, (Sterile Straw Filled Rolls, With Natural Fiber Wrapping), CALTRANS Type 2
321 $8,016.15LF
Installation =x x 8,016.15
FactorUnit PriceQuantity Total

8.06 1.2432 800.00
SWPPP/Erosion controls requirements
31 41 13 00 0004 10' Deep Excavation, Wood Shoring, Pull And Salvage322 $121,690.38SF Installation =x x 121,690.38
FactorUnit PriceQuantity Total

13.52 1.2432 7,240.00
trench shoring [362' x 10' x 2 sides]

Page 30 of 31 ends

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 102420.00
Victorville Wellness Center, phase 1
VVWRA
33 42 11 00 0295 48" Bell And Spigot, Smooth Interior, Double Wall, Corrugated High Density Polyethylene (HDPE) Pipe
323 $62,928.87LF
Installation =x x 62,928.87
FactorUnit PriceQuantity Total
139.83 1.2432 362.00
48" dia. HDPE main sewer pipe
33 42 11 00 0378 48" Coupling, Corrugated High Density Polyethylene (HDPE) Pipe324 $1,058.83EA Installation =x x 1,058.83
FactorUnit PriceQuantity Total

85.17 1.2432 10.00
48" dia. HDPE main sewer pipe couplings
33 42 11 00 0391 48" Self Adhering Gasket, Corrugated High Density Polyethylene (HDPE) Pipe325 $4,160.00EA Installation =x x 4,160.00
FactorUnit PriceQuantity Total
334.62 1.2432 10.00
48" dia. HDPE main sewer pipe gaskets
33 42 11 00 0399 24" End Cap For Corrugated High Density Polyethylene (HDPE) Pipe326 $722.35EA Installation =x x 722.35
FactorUnit PriceQuantity Total
145.26 1.2432 4.00
CTC task item include 24" dia. max. cap size [2 ea needed x 2 factor for 48" dia. pipe = 4 ea] $473,556.82Subtotal for VVWRA
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$4,827,947.76
The Percentage of NPP on this Proposal: %

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EXHIBIT A

Page 1 of 24 ends

P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX City of Victorville Amendment to Work Order No. 102420.00 In this Exhibit A, the City of Victorville (“ City”) and Angeles Contractor, Inc. (“ Contractor”) are sometimes hereinafter individually referred to as a “ Party” and collectively referred to as the “Parties.” Work Order No. 102420.00 to which this Exhibit A is attached and made part, is referred to hereinafter as “this Work Order” or “the Work Order”. “Project” means the Victorville Wellness Center described in the ______________________.

This Exhibit A shall supplement the Work Order and the Contract Documents (as that term is defined in Section I.D of the General Terms and Conditions of the Sourcewell ezIQC Contract No CA-R8-GB06-123021-ACI), and the provisions of this Exhibit A shall control in the event of a conflict, but will not supplant the provisions of Exhibit B.

Part I
Section 1. PAYMENT OF PREVAILING WAGE; DIR REGISTRATION; PENA LTIES a. Compliance with State and Federal Wage Requiremen ts. As a potentially federally funded Project, the Work called for in this Work Order must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents and in this Exhibit A. b. State Prevailing Wages. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Work Order, including workers performing Work covered by Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates
c. Federal Wages. In accordance with the provisions of the Davis-Bacon Act, and related Federal labor requirements, the Secretary of Labor has determined the general prevailing wage rates applicable to federally funded or assisted construction projects. A copy of the current General Federal Wage Decision applicable to the work to be performed on this Project is included in Part II of this Exhibit A. Additionally, copies of the federal wage decision rates are on file at the City of Victorville Finance Division, and shall be made available for review to any interested party on request. Except as provided in Subsection d below, Contractor and all Subcontractors shall pay not less than said specified Federal Wages to all workers employed by them in the execution of the Work under the Work Order. Contractor shall be responsible for using the correct and current Federal prevailing wage rates and for compliance with the provisions of 29 CFR Section 5.5. d. Payment of State Wages Required when Higher. Notwithstanding the provisions of Subsection c above, payment of State Prevailing Wage Rates when higher than Federal Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The City is considered a California

EXHIBIT A

Page 2 of 24 ends

P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and the Work Order and shall be paid by Contractor and all subcontractors. Contractor shall be solely responsible for usin g the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage. e. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contra ctor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours wo rked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under pena lty of perjury, stating both of the following:
i. The information contained in the payroll record i s true and correct; and ii. Contractor or the Subcontractor has complied wit h the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standard s Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with L abor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within t he ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. f. Apprentices. Contractor shall comply with all ap plicable provisions of Labor Code Sections 1775.5 and 1777.6 relating to employment of apprentices on public works projects. Prior to commencing any Work hereunder, Contractor shall sub mit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the Project. Pursuant to Labor Code Section 1776, Contractor and its subcont ractor(s) shall provide and keep accurate payroll records, which shall be available for inspe ction by the Division of Labor Standards Enforcement of the DIR.
g. Notices. Pursuant to Labor Code section 1771.4, C ontractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation. h. Other Labor Requirements. Contractor has the res ponsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations., and all

EXHIBIT A

Page 3 of 24 ends

P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX other applicable State and federal labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors. i. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows. (1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. (2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
j. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. k. DIR Registration. Pursuant to Labor Code section s 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
l. Contractor is aware of and will comply with all t he provisions of Labor Code Section 1720.9 regarding the hauling and delivery of ready-mixed concrete to carry out a public works project. m. Contractor acknowledges that under Public Contrac t Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works Project under Labor Code Section 1777.1 or 1777.7 may bid o n, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work under this Work Order with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7.

Section 2. BOND REQUIREMENTS
a. Prior to execution of this Work Order by the City, Contractor shall provide a Faithful

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX Performance Bond and a Payment (Labor and Materials) Bond, each in the penal sum of not less than one-hundred percent (100%) of the Work Order Firm Fixed Price. As a condition precedent to final completion, Contractor must further provide a warranty bond, in the amount of 10% of the final cost of the work covered by this Work Order for the Project, as a full guarantee for the one-year warranty requirement set forth in the Contract Documents. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. All surety bonds must be on forms approved by the City and issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with an AM Best’s Insurance Guide rating of no less than A- , VII.
b. Both the Performance and Payment bonds required under this Section shall contain the original notarized signature of an authorized officer of the Surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Work Order and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Work Order and pays all labor and materials for work and services under this Work Order c. City shall release the Performance and Labor Bonds when the following have occurred:
(1) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under the Contract Documents and this Work Order; (2) the Work has been accepted; and
(3) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

Section 3. INSURANCE REQUIREMENTS
a. Commercial General Liability Insurance. Contractor shall procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Commercial General Liability Insurance of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage arising out of or in connection with the operations of the Contractor, or its officers, employees, servants, volunteers, agents, subcontractors, and independent contractors in performing the Work under this Work Order. b. Commercial Vehicle Liability Insurance. Contractor shall further procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, agents and independent contractors in performing the Work required by this Work Order. c. Workers’ Compensation Insurance. Contractor shall procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Workers’ Compensation Insurance, providing coverage as required by the California

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX State Workers' Compensation Law. If any of the Work is sublet, Contractor shall require its subcontractors to similarly to provide Worker’s Compensation Insurance for all such subcontractors’ employees, unless such employees are covered by the protection afforded by the Contractor.
(1) If any class of employees employed by Contractor pursuant to this Work Order is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(2) Contractor and its subcontractors shall be require d to provide the City with a written statement acknowledging the obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861, which states that:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liabil ity for workers’ compensation or to undertake self-insurance in acco rdance with the provisions of that code, and I will comply with suc h provisions before commencing the performance of the work of this contract.

Execution of this Work Order satisfies the above requirement with respect to Contractor, but separate acknowledgments must be provided to the City by Contractor’s subcontractors. d. Course of Construction, Builders’ Risk, or Inland Marine Insurance. During the Time
of Performance specified in the Work Order, or any extension thereof, Contractor, and any of its subcontractors, suppliers, vendors, employees, or other person who is performing any work under this Work Order, shall purchase, and maintain insurance to the full Work Order Firm Fixed Price and insurable value thereof (commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy) that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by or for Contractor, which is to become part of the Project while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the jobsite from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or other person who is performing any work under this Work Order shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement in favor of the City of Victorville. e. Pollution Liability Insurance. Contractor also procure and maintain at its own expense during the Time of Performance specified in the Work Order, or any extension thereof, Pollution liability insurance in accordance with the Contract Documents. f. Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including the City Attorney, as Additional Insureds.
g. Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX h. Insurer Qualifications; Proof of Insurance Coverage. Contractor shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Exhibit A and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least ten (10)
business days prior to the commencement of any Work to be performed under this Work Order.
i.

Required Additional Endorsements. The following endorsements are required and shall be provided:
(1) All policies of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the C ity shall
be notified by mail, postage prepaid, not less than thirty (30) days before the cancel
lation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(2) The Commercial General Liability and Vehicle Liability policies shall be endorsed as Primary and
Non-contributory.
j. Subcontractor Insurance. Contractor shall include all subcontractors as additional insureds under its policies or shall secure separate certificates and endorsements from each subcontractor. All subcontractor coverages shall be subject to all of the insurance requirements stated in this Exhibit A.

Section 4. PAYMENTS
a. In order to receive payments under this Work Order, Contractor shall be require d to
submit to the City monthly invoices in accordance with the provisions of this Section. Provided that Work has been satisfactorily performed, invoices shall be paid by the City approximately thirty (30) wo
rking days following receipt of Contractor’s invoice.
b. On or about the first of each calendar month, Contractor shall request payment for the Work performed prior to such date. Each payment request shall be accompanied by the updated progress schedule indicating progress achieved to that date. c. Upon approval by the City Manager, or his/her designee (the “ Project Manager”) of the Contractor's estimate of Work completed, the City will make a progress payment to the Contractor equal in amount to the approved estimate, less a retention of five (5) percent (5%), and less the total of all previous payments.
(1) Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Work Order may be permitted at the request and sole expense of the Contractor. (2) Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. d. In preparing estimates, the material delivered on the Project site, preparatory work done, and the cost of bonds and insurance paid may be taken into consideration.

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX e. The making of any payment to Contractor under this Work Order shall not relieve the Contractor of its obligations hereunder. Contractor is obligated to complete the Work specified in this Work Order in its entirety and to deliver to the City such completed Work, finished product, or structure as is specified in this Work Order, at the time or times specified herein. Until this Work Order is fully performed by Contractor and the Work, product, or structure produced thereby is accepted by the City, Contractor shall be obligated to repair, replace, restore, or rebuild any fully or partially completed Work or structure, or any materials or equipment required to be provided under the Work Order which may be damaged, lost, stolen, or otherwise injured in any way. f. If a notice to withhold is served upon the City pursuant to California’s lien statutes to withhold sufficient funds from payments to the Contractor in support of a claim resulting from default by the Contractor in payment for labor or materials used in the execution of this Work Order (a “Stop Payment Notice”), the City will withhold from payments due to Contractor, an amount of money equal to the amount of the claim stated in the Stop Payment Notice, and an additional amount equal to twenty-five percent (25%) of the amount of said claim to defray any costs of litigation in the event of court action on the claim, for a total withholding of one and one-quarter (1¼) times in the stated amount of the claim.
g. Contractor will be required, in requests for payment, to certify, under penalty of perjury, the following:
(1) No workers were required or permitted to work more than eight (8) hours in any one calendar day, except in cases of emergency, and except as provided by law. (2) Not less than the prevailing wage rates, as set forth in this Work Order, have been paid to all laborers, workers, and mechanics employed to perform the Work on this Project. (3) There were no substitutions of subcontractors, no assignment or transference of subcontractors, except as approved by the Project Manager. (4) All of the provisions of the Contract Documents and applicable laws pertaining to non- discrimination in employment have been complied with.
h. Proof of Payroll Submission and Lien Releases. The City shall make progress payments only upon receipt of payment requests submitted by Contractor, which have been properly completed and submitted in accordance with the provisions of this Section 4 and are otherwise in compliance with the provisions of this Exhibit A. Contractor and subcontractors on all public works projects must use the California Department of Industrial Relations (“DIR”) Electronic Certified Payroll Reporting system to furnish certified payroll records (CPRs) to the Labor Commissioner. For more information, please go to www.dir.ca.gov under Labor Law Public Works. Proof of CPR submission and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when CPRs and/or lien releases are not included with the Contractor’s invoice.
i. If payments are to be made for materials or equipment not incorporated in the Work, but delivered and suitably stored at the Project site, or at some other location agreed upon in writing with the City, such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the City to establish the City's title to such materials or equipment or otherwise protect the City's interest, including applicable insurance and transportation to the Project site.

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX j. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by a request for payment will pass to the C ity upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests, or encumbrances and that no title to Work, materials, or equipment covered by a request for payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment on the Project.

Section 5. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Work Order shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both Parties acknowledge that Contractor is not an employee for state or federal tax purposes or any other purpose.

Section 6. NOT AGENT OF THE CITY
a. Nothing contained in this Work Order shall be deemed, construed, or represented by the City or Contractor or by any third person to create the relationship of principal and agent. b. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 7. TIME OF THE ESSENCE; LIQUIDATED DAMAGES; DELAYS a. Time is of the essence in the performance of this Work Order. b. Contractor shall be responsible for ensuring that the Work specified in this Work Order is completed within the Time of Performance specified in the Work Order. (1) Contractor shall pay to the City the amount of Twenty-Five Thousand Dollars ($2,500) for each day’s delay or fraction thereof in completing the Work described herein (as such may have been modified by the City in approved Change Orders or by supplemental agreement of the Parties thereof) in excess of the Time of Performance specified in the Work Order as liquidated damages. City may deduct the sum of liquidated damages from any monies due or that may become due Contractor; or if such monies are insufficient, Contractor or its Surety shall pay to City any deficiency.

The accrual of liquidated damages will terminate on the date substantial completion is granted, but shall not bind the City to final acceptance of the Project. (2) The liquidated damages specified herein do not include any penalties. Contractor and City acknowledge that the amount of liquidated damages set forth herein represents a good faith estimate as to the actual potential damages City would incur as a result of the late completion of the Work, or portion thereof. The remedies specified herein are not exclusive and are in addition to other rights and remedies provided by law or stipulated under the Contract Documents.
(3) Liquidated damages shall not apply for delays which may result from causes beyond the control and without the fault or negligence of the Contractor including acts of God,

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX or of the public enemy, acts of the Government, acts of the City, acts of another contractor in the performance of a contract with the City, fire, flood, epidemics or strikes, provided that Contractor shall within ten (10) business days of the commencement of such delay or Contractor first becoming aware of such delay, whichever is later, notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay and extend the Time of Performance by Change Order for the period of the enforced delay, when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Work Order, provided that Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.

In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of the Work specified in this Work Order, however caused, Contractor’s sole remedy being extension of the Time of Performance pursuant to this Section.
(4) Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

Section 8. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter " Claims or Liabilities ") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; (4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. City will timely notify Contractor upon receipt of any third-party claim relating to the Agreement, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Agreement.

Contractor shall require the same indemnification from all S ubcontractors. c. Acceptance of Insurance. The City does not and shall not waive any rights that it may have against Contractor under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Work Order.

The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. Third Party Claims. City will timely notify Contractor upon receipt of any third- party claim relating to this Work Order, as required by Public Contract Code Section 9201.

Section 9. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Work Order, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the City of Victorville Amendments to the Standard Specifications for Public Works Construction (the “SSPWC Special Provisions”) which SSPWC Special Provisions are attached as Part III of this Exhibit A). (1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX prosecute the performance and timely completion of the Work during the Section 9204 process.
(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).
b. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
(1) Each Party shall designate a senior management or executive level representative to negotiate any dispute.
(2) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
(3) If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
(4) The alternative dispute resolution process set forth herein is a material condition to the Work Order and must be exhausted as an administrative remedy prior to either Party initiating legal action.
(5) Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit again the City.

Section _10. LAWS AND SPECIFICATIONS; GRANT REQUIREMENTS a. General. In performing the Work, Contractor shall comply with the requirements of all federal, state, and local authorities having lawful jurisdiction over the Project. Contractor shall perform the construction Work in accordance with all applicable requirements of the VMC; the City of Victorville Standard Specifications for Public Improvements; the Standard Specifications for Public Works Construction (SSPWC) 2021 edition (the “Greenbook”), the SSPWC Special Provisions (attached as Part III to this Exhibit A), the Project plans provided by the City; and all building codes and regulations relating to the construction of the Project, including environmental standards, fire and safety regulations and requirements, and compliance with all other applicable standards and codes. The provisions of this Exhibit A shall control over the provisions of the Greenbook and the SSPWC Special Provisions in the event of a conflict. b. Homekey Program Requirements. Contractor has been advised and acknowledges that the Project is being funded with Homekey Program Round 2 Grant Funding.

In the performance of the Work, Contractor agrees to comply with the requirements of said Program, including, but not limited to, the following:

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX (1) Contractor shall ensure that any Project design required by this Work Order and all construction Work conforms with the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act, Title II.

In addition, Contractor shall ensure that any Project design and construction Work complies with either the Uniform Federal Accessibility Standards (UFAS) standards, 24 C.F.R. Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo").

Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the Project and be available in a sufficient range of sizes and amenities consistent with 24 CFR part 8.26. (2) Contractor shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and the U.S. Department of the Treasury’s implementing regulations at 31 CFR Part 22; the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.).
(3) During the performance of this Work Order (contract), Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the California Department of Housing and Community Development (the awarding state agency) to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
(4) Contractor shall comply with the requirements of 2 CFR § 200.321 - Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. If subcontracts are to be let under this Work Order (contract), Contractor is required to submit a Small and Minority Businesses, Women's Business Enterprise (S/M/WBE) and Local Surplus Area (LSA) Firm Outreach Plan within 30 days of

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX contract execution to the City for approval at [email protected] (attached in Part IV of this Exhibit A). The City will accept the S/M/WBE and LSA Firm Outreach Plan or offer recommendations to ensure S/M/WBE and LSA Firm Outreach Plan includes all necessary affirmative steps to meet the intent of 2 CFR § 200.321.

Contractor to revise S/M/WBE Outreach Plan to incorporate City input as applicable.

Upon the City’s acceptance of the S/M/WBE and LSA Firm Outreach Plan, contractor to submit update to the City quarterly. S/M/WBE and LSA Firm Outreach Plan update should include efforts taken within the period to assure that minority businesses, women's business enterprises, and labor surplus area firms were utilized when possible.
c. Other Federal Requirements. As the Work required under this Work Order may
be considered Federally-assisted, or may become part of a project that has other Federally- assisted components, compliance with the provisions of General Terms and Conditions Section XIX, “UNITED STATED FEDERAL REQUIREMENTS” of the Contract Documents is required, including without limitation the labor standards provisions set out in 29 CFR Section 5.5, and the Equal Opportunity clause set forth at 41 C.F.R. §60-1.4(b).

Section 11. TERMINATION OF WORK ORDER FOR CONVENIENCE AND DEFAULT a. Termination for Convenience. The City may, by providing ten (10) days' advance written notice to Contractor, terminate this Work Order in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Work Order is terminated, and the date upon which such termination becomes effective. (1) Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
i. Immediately discontinue the Work to the extent specified in the notice. ii. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
iii. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
iv. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
(2) Upon such termination, the Contractor will be paid without duplication for:
i. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;

EXHIBIT A

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P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\DOCS\060.18-EXHIBIT A ADDITION OF CITY CONTRACT TERMS TO WORK ORDER (ACI) 03.09.22 V4 TLT.DOCX ii. Reasonable costs incurred in settlement of terminated contracts with subcontractors, suppliers and others; and
iii. Reasonable expenses directly attributable to termination. (3) Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment.

Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
(4) Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Work Order and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section. b. Termination for Default. The City may terminate this Work Order for Contracto r’s
default as set forth in this Subsection.
(1) The City will consider the Contractor in default of this Work Order if, prior to the City’s acceptan
ce of the Work, the Contractor:
i. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay
its debts as they become due, or is otherwise financially unable to complete the Work,
ii.
abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion
,
iii. disregards written instructions from the City or materially violates provisions of the Contract Docu
ments,
iv. fails to prosecute the Work according to the schedule approved by the Project Manager,
v.
disregards laws or regulations of any public body having jurisdiction, or vi. commits continuous or repeated violations of regulatory or statutory safety requi
rements.
(2) Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 12 of this Exhibi
t A.
(3) Notice and Opportunity to Cure. The City will issue a written notice to cure the default to
the Contractor and its Surety. The Contractor shall commence satisfactory corrective
actions within five (5) Working Days after receipt. If the Contractor fails to

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i. will terminate the Contractor’s right to perform under this Work Order by issuing a written notice of termination for default to Contractor and its Surety; and ii. may use any materials, equipment, tools or other facilities furnished by th e
Contractor to secure
and maintain the Work site, and
iii. may furnish labor, equipment, and materials the City deems necessary to secure and mai
ntain the Work site
c. Provisions Remaining in Effect. Upon any termination pursuant to this Section 11, the provisions of the Contract Documents remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. The provisions of this Section 11 shall be in addition to all other legal rights and remedies available to the City.

Section 12. NOTICES
a. Any notice to be provided pursuant to this Work Order shall be in writing, and all such
notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

If to City: Keith Metzler
City Manager/Project Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
If to Contractor: Angeles Contractor, Inc.
783 Phillips Drive
City of Industry, CA 91748
Attn: Jay Kwon
______________________
If to Surety: ______________________
______________________
______________________
______________________
b. Notices, payments, and other documents shall be deemed delivered upon rece ipt
by
personal service or as of the second (2nd) day after deposit in the United States mail. Either Party may change such address by providing written notice of such new address to the other.

Section 13. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become

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Section 14. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Work Order and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Work Order based on such consultation.

Section 15. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Work Order shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Work Order shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Work Order.

Section 16. ASSIGNMENT AND SUCCESSORS
a. This Work Order shall be binding upon and inure to the benefit of the successors, endorsees, permitted assigns, heirs, and personal representatives of each of the Parties to this Work Order.
b. Contractor may not assign its rights or obligations under this Work Order, in part or in whole, without the concurrence of the surety and the express written consent of the City, which may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Work Order. This Work Order may be assigned by City with the prior written consent of Contractor.

Section 17. GOVERNING LAW
The validity of this Work Order and any of its terms or provisions, as well as the rights and duties of the Parties under the Contract Documents, shall be construed pursuant to and in accordance with California law.

Section 18. UNFAIR BUSINESS PRACTICES CLAIMS
In entering into this Work Order, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Work Order. This assignment shall be made and become effective at the time
the City renders final payment to the Contractor without further acknowledgment of the Parties.

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Except with respect to rights and remedies expressly declared to be exclusive in this Work Order, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 20. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Work Order and all proceedings involving any enforcement action related to this Work Order shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 21. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Work Order, or as a result of any alleged breach of any provision of this Work Order, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 22. EFFECTIVENESS OF WORK ORDER
This Work Order shall not be binding upon the City, until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and the City Attorney, and executed by the authorized City personnel or the Mayor.

Section 23. REPRESENTATIONS OF PARTIES/PERSONS EXECUTING WORK ORDER a. Each of the Parties to this Work Order hereby represents that all necessary an d appro
priate actions of their governing bodies have been taken to make this Work Order a binding obligation of each of the Parties hereto.
b. The persons executing this Work Order warrant that they are duly authorized to execute this Work Order on behalf of and bind the Parties each purports to represent.

Section 24. BOOKS AND RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the
work and services required by this Work Order and enable the City’s Project Manager to evaluate the cost and the performance of such work and services. b. Books and records pertaining to costs shall be kept and prepared in a ccordance with gen
erally accepted accounting principles.
c. City’s Project Manager, the State Department of Housing and Communit y Devel
opment, the State Department of General Services, the Bureau of State Audits, duly authorized federal entities as set forth in 2 CFR section 200.337, or their designated

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d. Records and supporting documents pertaining to the use of funds paid to
Contractor
hereunder shall be retained by Contractor and made available to Project Manager and the entities specified in subdivision c above, or their designated representatives, for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Work Order or the termination thereof, whichever occurs later.

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General Federal Wage Decision
[to be attached]

EXHIBIT A

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SSPWC Special Provisions
[to be attached]

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S/M/WBE and LSA Firm Outreach Plan

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Contractor: _____________
Submittal #: _____________
S/M/WBE and LSA Firm Outreach Plan
In this section, the Contractor is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE) and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.

1. Identify the items of work made available to S/M/WBEs and LSAs. Provide a description of the work items, approximate dollar amount and the percentage of the total Work Order (contract) value
Description of Work Item
Contractor
Normally
Performs (Y/N)
Unbundled from Larger
Scope (Y/N)
If Yes, List Scope
Amount ($) Percentage
of Contract

2. Describe the outreach efforts to identify S/M/WBEs and LSAs on this Work Order (contract), list agencies/associations/databases consulted and the date, method and result of the outreach efforts (examples include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Small Business Development Centers, DGS).

Agency/Association/Ch
amber/Database Name
Contact
Name
Method of Outreach
(Fax, Email, Phone,
etc.)
Date of
Outreach
Response/Outcome

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3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEs and LSAs were solicited and had sufficient information about subcontracting opportunities on this Work Order (contract). Include the date and method of the outreach efforts.

S/M/WBE and
LSA Firm Name
Contact
Name/Title
Business Type
(Small/Minority
/Women)
Method of
Outreach
(Fax, Email,
Phone, etc.)
Date of Initial
Outreach Date of
Follow-Up
Response/Inte
rested in
Bidding (Y/N)
Detail methods utilized to determine whether S/M/WBEs and LSAs were qualified:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

4. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEs and LSAs on this Work Order (contract). Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEs and LSAs.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

5. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Work Order (contract) to promote S/M/WBE and LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEs and LSAs would be performing.
______________________________________________________________________________ ______________________________________________________________________________

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1 Exhibit B
March 10, 2022

The following provisional language is provided as additional terms & conditions to the Sourcewell Indefinite Delivery-Indefinite Quantity Construction Contract, Contract Number: CA -R8-GB06-123021-ACI for the Victorville Wellness Center project for the City of Victorville, to be awarded and performed by Angeles Contractor Inc.

The Contractor is hereby informed and agrees that approval of this proposal is issued as “provisional.” Because of the urgen cy to present this project for approval to meet an expedited project completion deadline, this provisional proposal is only intended to represent the major elements of the project as described herein with the information available at this time. The normal ezIQC review process will still ensue. The Contractor is required to build an accurate, defendable proposal within eGordian that is a true representation of the scope of work. All Construction Task Catalog (CTC) Line Items will be reviewed for appropriate ness and accuracy, and the cost proposal will be reviewed for completeness of scope. The provisional proposal presented herein will be reconciled against the future proposal created and approved by the Owner as part of the normal ezIQC review process. The Owner in no way guarantees issuance of full funds indicated on this provisional proposal to the Contractor. All CTC Line Items determined to be appropriate or inappropriate following the proposal review process shall be addressed and reconciled in a future supplemental and, if necessary, a credit issued to Owner or additional payment to the Contractor. By signing this document, Contractor and Owner acknowledge and accept the terms of this provisional proposal.

Please note that as it pertains to the Source well’s Indefinite Delivery -Indefinite Quantity Construction Contract, Contract Number: CA -R8-GB06-123021-ACI Section I D. states the entities Purchase order is the priority precedence in the contract documents, and the second priority in the contract docs are the standard specifications of the entity. Section III. A. states that if the Purchase order may specify additional standards that are different or stricter than a particular law, code or regulation, the purchase order will control.

ATTACHMENT C
Sourcewell ezICQ Executive Summary

1 ezIQC EXECUTIVE SUMMARY

ezIQC® is a unique Indefinite Delivery, Indefinite Quantity (IDIQ) procurement process that helps public facility and infrastructure owners complete many projects through a single competitive bid process conducted in accordance with California statutes. Unlike traditional bidding where each project is identified, designed and then put out to bid separately, ezIQC achieves competitively bid pricing up front and eliminates the need to separately bid each project. In other words, the contract is awarded based on competitively-bid pricing, so that projects under the contract can proceed swiftly on an as needed basis.

The Contract
Sourcewell is a government agency that connects public entity buyers with suppliers including general and trade-specific contractors for the purchasing of construction services. Sourcewell construction contracts, called ezIQC, are competitively-bid IDIQ contracts awarded to contractors to accomplish the repair, alteration, modernization, and rehabilitation of infrastructure and buildings. Sourcewell introduced ezIQC in 2008 and the contracts have been used by public agencies, across various construction sectors, and throughout the country for nearly $2B in construction volume since inception.

Gordian responded to an RFP for consulting services from Sourcewell and was subsequently awarded a contract to administer the ezIQC program for Sourcewell members around the country. ezIQC contracts are backed by the most sophisticated construction cost data in the world, provided by Gordian. ezIQC contracts also benefit from the significant software and technical services established by Gordian over decades of developing best practices for IDIQ construction procurement. Some Sourcewell members are California city and county governments, and Gordian serves those members.

Below is a brief history and summary of the ezIQC program:

• Currently Sourcewell has over 350 ezIQC Contracts across all sectors of construction including general and trade specific contracts in 16 states.
• As a government agency, Sourcewell facilities the entire competitive bid procurement process from advertisements to award.
• Projects have ranged in size from very small, simple door replacements to very large, complex repair or alterations.
• Contracts are bid and awarded at a local level using construction data, software and administrative oversight of Gordian. Contract documents include:
o Project Information, Instructions to Bidders and Execution Documents o IDIQ Standard Terms and Conditions and Contract General Conditions o Construction Task Catalog® (CTC) – Local Labor, Material, Equipment o Technical Specifications and Local Prevailing Wage Rates by California County

2 Sourcewell/ezIQC Project Development Services:
ezIQC includes a service delivery web portal for initiating, dispatching and ultimately tracking participating members satisfaction of ezIQC project service requests. To initiate a project, the participating entity enters a project request at www.eziqc.com.

As part of the Sourcewell ezIQC program, Gordian’s Account Managers perform services necessary to support the completion of the ezIQC proposal when requested by Sourcewell members. Each proposal follows the same simple process:

Project Identification: When a project is identified, Gordian will contact the member and assist with determining the initial details of the project scope and identifying how to best get project initiated.

Contractor Identification: Gordian will help the member identify the appropriate ezIQC contractor for the project based on the type of work involved and the location of the project. Gordian will monitor the performance of the ezIQC contractor.

Joint Scope Meeting: You, the contractor and a Gordian Account Manager will meet at the project site to discuss the proposed project, the schedule, required permits, inspections and all other aspects of the work.

This meeting allows the contractor to inspect the site and ask questions before submitting the appropriate prices from the Construction Task Catalog (CTC), helping to eliminate the misunderstandings and mistakes that lead to most change orders.

Detailed Scope of Work: After the Joint Scope Meeting, a Gordian Account Manager assists the member in preparing a Detailed Scope of Work that describes the work the contractor will perform. The member sends this Detailed Scope of Work to the contractor.

Price Proposal: The contractor prepares a Price Proposal by selecting the appropriate tasks from the CTC based on the owner approved Detailed Scope of Work. Costs are determined through this straightforward equation:

Task Unit Price x Required Quantities x Contractor’s Competitively-Bid Adjustment Factor The contractor submits the Price Proposal along with a construction schedule, list of proposed subcontractors and other required documents.

Price Proposal Review: A Gordian Account Manager reviews the Price Proposal ensuring the contractor selected the appropriate tasks and quantities. After Gordian’s review the contractor makes any required changes and submits the Price Proposal to the member for final review and approval.

Purchase Order Issued: Once the member is satisfied with the price, schedule and other required information, the member may issue a Purchase Order to the contractor to complete the Detailed Scope of Work within the approved construction schedule for the price submitted. Inspections and submittals follow the member’s standard process. Certified payroll records, if required, will be submitted with applications for payment.

3 Construction: Site inspections and construction management may be performed by your construction managers, or selected as an additional service provided by Gordian, and will follow your standard process. If necessary changes arise, the member has the flexibility to change the scope of work with ezIQC via a supplemental or deductive Job Order. Changes are priced using the preset unit prices in the CTC for your specific area. There is no need to negotiate change orders, only to verify the correct CTC tasks were chosen and the Unit of Measure (UOM) used for each task. Contractors are performance based and motivated to provide a high-quality project, as the opportunity for future work is tied to their current performance.

Review and Maintenance of Contracts
Sourcewell contracts are reviewed annually for their effectiveness. Sourcewell contracts are written for multiple terms and are subject to annual bi-lateral renewals based on owner reviews. As a result, Sourcewell provides a simple, structured and well documented procurement contract to create a seamless process for all its member procurement needs. Sourcewell understands this procurement option must meet or exceed any client project expectations and provide a value to any members growing construction procurement needs.

ezIQC Benefits to Sourcewell members:
• Immediate access to local, competitively-awarded construction contracts • Expert review of Price Proposals
• Assistance with Detailed Scope of Work development
• Streamlined change order process (if required)
• Readily available pre-qualified contractors
• Simple project initiation
• Preset and transparent construction pricing
• Time savings
• Price certainty
• Reduced procurement and administrative costs
• Price Proposal accuracy

4 • Increased cost control
• High-quality work

Summary
It is important to note Sourcewell ezIQC contracts are procured differently than other national cooperative offerings. These contracts are bid at a local level in order to comply with the applicable jurisdictional requirements, and encourage local contractor participation. The Construction Task Catalog prices are based off local prevailing wage rates as specified by the California Department of Industrial Relations (DIR), and locally researched material and equipment costs. Contractor awards are made to the lowest responsive, responsible bidder. Many government agencies in California and throughout the country are using this process as an alternative to the traditional bid process. This solution is also not designed to replace the traditional bid process but can be utilized to create an additional efficient option in the procurement of construction services.

ATTACHMENT D
Angeles Contractor, Inc. Brochure
www.angelescontractor.com
Aloft Hotel Buena Park
Fairvalley High School Trade Center
CGV Cinemas
4 ACI is experienced with a full range of public and private project types.

We understand the unique needs and drivers of a variety of facility improvements and new construction projects. Our team is familiar with the newest approaches, materials, and technologies to deliver a quality facility that meets our clients’ needs for the years to come. We are involved with projects in the following industries:

Hospitality
Hotel and resort guests expect the highest quality experience and amenities for their visits. ACI can deliver a well-built facility on an aggressive schedule to match your guests’ expectations. Marriott Courtyard – Santa Cruz, CA
Aloft Hotel – Buena Park, CA
Hotel Live – Los Angeles, CA
Commercial
ACI has completed both new construction and renovations for a variety of privately-owned projects, including entertainment, sports, and religious facilities. We bring flexible and innovative approaches to deliver projects that are tailor-made to the needs of owners and users. CGV Cinemas – Buena Park, CA
Bodies & Titanic Premier Exhibition Center – Buena Park, CA Rose Bowl Renovation and Improvement – Pasadena, CA
Sa-Rang Community Church – Anaheim, CA
New Life Vision Church – Glendale, CA
K-12 Education
ACI has the experience to safely and efficiently deliver K-12 school construction and improvement projects to meet the changing educational needs of students.
Pakuma K-8 School – San Bernardino, CA
Dominguez Elementary School (Burbank II) – San Bernardino, CA Indian Springs High School – San Bernardino, CA
Santa Ana High School Classroom Building – Santa Ana, CA Fairvalley High School Trade Center – Covina, CA
Industry Sectors
25 Modernization
of iconic Southern
California sports
facility
Rose Bowl Renovation
and Improvement
Pasadena, CA
ACI performed this time-sensitive project remodeling the historic Rose Bowl. The work included new signage, lighting, and seating; the remodel of several structures; and new site buildings. ACI performed the work while the facility was being used; the site was kept clean and safe for the public.

We completed the project in time for the international soccer season. ACI received a commendation from the City of Pasadena for achieving local hiring and financial benefit targets.
Project Owner: Rose Bowl Operating Company
Completed: May 2011
Walter Shirley, SVP - 714.709.3055, [email protected] Roy Cho, Director - 714.306.1390, [email protected] Contact | ANGELES CONTRACTOR, INC.
783 Phillips Drive, City of Industry, CA 91748
TEL: 626 .923.3800 | FAX: 626 .923 .3801

SERVICES

ABOUT ACI
Design-Build
Preconstruction
Construction Management
General Contracting
Cost Estimating
Value Engineering
Established in 1998
Incorporated in 2005
$500M Aggregate Bonding Capacity

0.62 EMR

PROJECTS
Multi-Family
Hospitality
Health Care
Commercial
Institutional
Industrial
Athletic
Civic
SpringHill Suites
Paakuma K-8 School

Highland Apartment
Hospitality
Hotel and resort guests expect the highest quality experience and amenities for their visits. ACI can deliver a well-built facility on an aggressive schedule to match your guests’ expectations. SpringHill Suites – Fremont, CA
Cambria Hotel – Los Angeles, CA
Hotel Alviso – San Jose, CA
Commercial
ACI has completed both new construction and renovations for a variety of privately-owned projects, including entertainment, sports, and religious facilities. We bring flexible and innovative approaches to deliver projects that are tailor-made to the needs of owners and users. CGV Cinemas – Buena Park, CA
Carson Arts Colony Low Income Housing – Carson, CA
Rose Bowl Renovation and Improvement – Pasadena, CA
Highland Apartment – Highland, CA
New Life Vision Church – Glendale, CA
K-12 Education
ACI has the experience to safely and efficiently deliver K-12 school construction and improvement projects to meet the changing educational needs of students.
Paakuma K-8 School – San Bernardino, CA
Villa Park HS Interim Housing & Science Center – Villa Park, CA Indian Springs HS Aquatic Center – San Bernardino, CA Temple City High School – Temple City, CA
El Modena HS Science Center – Orange, CA
ACI is experienced with a full range of public and private project types. We understand the unique needs and drivers of a variety of facility improvements and new construction projects. Our team is familiar with the newest approaches, materials, and technologies to deliver a quality facility that meets our clients’ needs for the years to come. We are involved with projects in the following industries:

Industry Sectors
Inland Empire Health Plan (IEHP)
Santiago Canyon College Science Center
Arrowhead Regional Medical Center
Higher Education
To meet the increasing demand for post-secondary education, ACI has helped many colleges and universities improve their facilities and expand their campuses to respond to the growing student population. Santiago Canyon College Science Center – Orange, CA
UCLA Rieber Dining Hall – Los Angeles, CA
Long Beach College PCC Building – Long Beach, CA
Civic
Local municipalities provide critical public safety, transportation, and recreational services. ACI has extensive experience working with cities and counties on a variety of projects to help support their communities.
Anaheim Central Library – Anaheim, CA
Long Beach Bike Station – Long Beach, CA
Department of Health Services Auditorium – Los Angeles, CA County of Riverside Public Defenders Office – Riverside, CA Buena Park Police Department – Buena Park, CA
Inland Empire Health Plan (IEHP) – Rancho Cucamonga, CA Medical
Continued innovation in the medical field drives the need for new or improved facilities to support patient care. ACI has delivered projects to support both clinical and administrative functions in the medical industry.
Arrowhead Regional Medical Center – Colton, CA
North East Community Clinic – Wilmington, CA
Martin Luther King Hospital – Los Angeles, CA
Harbor-UCLA Medical Center – Torrance, CA
LAC+USC Mental Health – Los Angeles, CA

CORPORATE OFFICE

REGIONAL OFFICE

CITY OF INDUSTRY
783 Phillips Drive, City Of Industry, CA 91748
Phone: 626.923.3800 l Fax: 626.923.3801
[email protected]

SAN JOSE
2055 Junction Avenue, Suite 110, San Jose, CA 95131
Phone: 408.260.6242 l Fax: 408.273.6813
[email protected]
Always Committed to Integrity
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center Project - Construction Management
Recommendation:

That the Honorable City Council approve a Consultant / Professional Services Provider Agreement for the Wellness Center Project construction management with the Pacifica Services, Inc., in an amount not to exceed of $2,373,601.

Fiscal Impact:

An additional appropriation is not required. There are sufficient funds in the budget to cover the planned expenses. On January 18, 2022, City Council appropriated funds from a Homekey Round 2 grant which was awarded for the Wellness Center Project. The budget account numbers and amounts are shown below.

Account No. Amount
2700011-52300-97063 $28,004,058
On March 3, 2022, the City received the Standard Agreement from the California Department of Housing and Community Development (HCD) to memorialize the Homekey Round 2 grant award. As the Standard Agreement has not been fully executed, any award of contract that contemplates the use of Homekey funding should be viewed as “at-risk” in that the City would be responsible for coving the cost of any work completed using an alternate funding source if the Standard Agreement is not finalized. However, as of the date of this report, staff is reviewing the documentation and expects the Standard Agreement will be finalized, although the date of final execution remains unknown.

Background:

The Wellness Center is planned with a Housing First approach with low barriers to entry, offering interim housing and supportive services for homeless and for those at risk of homelessness. The non-congregate design of the modular housing units will offer 110 separate units with a minimum capacity of 170 beds. Along with interim housing beds, the Wellness Center will include ample community space, offering a wide variety of supportive services, such as a medical clinic, substance abuse counseling, employment linkage, public benefits assistance, pet care and housing navigation. The unique on-site layout of the 9,600 square foot support service buildings allows for those at risk of homelessness from the community to also utilize the on-site services. Altogether, the 25,920 square feet of housing units and support service buildings are planned on approximately 4.5 acres of City owned land with additional amenities, such as a community garden, recreational sports courts, dog kennel and landscaped open space.

On February 16, 2021, the City Council approved a Consultant/Professional Services Provider Agreement with CMC Architects and Engineers (CMC) to complete the construction documents for the Wellness Center Campus in the amount of $416,550. This initial agreement was funded by Permanent Local Housing Allocation grant funds.

On September 29, 2021, the City Council authorized staff to proceed with the Homekey Round 2 grant application to assist in funding the construction and operation of the Wellness Center. Resolution No. 21-101 authorized the City Manager to execute documents to apply for and participate in the Homekey Program.

On December 8, 2021, the Planning Commission approved the entitlements for the Wellness Center project, which included approval of a Site Plan and Mitigated Negative Declaration.

On December 15, 2021, the City was notified by HCD of an award in the amount of $28,004,058 under Homekey Round 2 for the Wellness Center project, of which $23,612,058 has been awarded to fund capital construction costs and $4,392,000 for operational expenses.

On January 18, 2022, City Council approved an additional appropriation of funds, as noted above, and increased the not to exceed amount of the agreement with CMC for the Wellness Center Project.

Discussion:

The Wellness Center Project is nearing the construction phase. This project is large and complex, involving grading, onsite and offsite utilities, street improvements, buildings, and many other improvements. For a project of this scope and size a qualified company is needed to manage the construction of the project.
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Staff prepared a Request for Proposals (RFP) for construction management services for this project. The RFP started advertising on December 22, 2021. On January 27, 2022, proposals were received from two consulting companies:

Pacifica Services, Inc., Pasadena, CA 91106
Marrs Services, Inc., Fullerton, CA 92832
A selection committee of several City staff evaluated the proposals. On February 10, 2022, staff interviewed both companies. Staff concluded that Pacific Services, Inc., is the most qualified consultant to provide the requested services for this project, based on the criteria set forth in the RFP. Pacifica Services, Inc., has recent experience in managing the construction of a similar homeless housing project in Los Angeles.

On February 14, 2022, the City Manager approved a Consultant / Professional Services Provider Agreement in an amount not to exceed of $50,000, in accordance with the authority to approve contracts per VMC Section 2.28.060 (e) (3). Please refer to Attachment B. This initial agreement allowed Pacifica to assist staff with evaluation of the initial phase of construction. The scope of services covers preconstruction services which includes reviewing plans, bidding documents, cost estimates and schedules to prepare for the construction phase.

Staff has negotiated a scope of services and fee for constriction management services which is included with the City’s standard Consultant / Professional Services Provider Agreement. The not to exceed fee is $2,373,601. The consultant will invoice the City in accordance with the actual time used for its personnel and related costs for this project.

Staff recommends that the Honorable City Council approve a Consultant / Professional Services Provider Agreement for the Wellness Center Project construction management with the Pacifica Services, Inc., in an amount not to exceed of $2,373,601.

Staff is available for any questions that City Council may have.

Attachments: A. Agreement for Construction Management
B. Agreement for Pre-Construction Services

ATTACHMENT A
1 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
PACIFICA SERVICES, INC.

FOR

CONSTRUCTION MANAGEMENT FOR THE CITY OF VICTORVILLE
WELLNESS CENTER, PROJECT CC22-063-1

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Pacifica Services, Inc., a California corporation, hereinafter referred to as “ Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RE
CITALS:

W
HEREAS, the City requires Construction Management for the City of Victorville Wellness Center; and
W
HEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and W
HEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Construction Management for the City of Victorville Wellness Center; and
NO

W THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The
Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES
C
onsultant shall provide to the City those services set forth in the Scope of Services , attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION
The Cit
y shall pay to Consultant a sum not to exceed Two Million Three Hundred Seventy-three Thousand Six Hundred One and 00/100 Dollars ($2,373,601.00) for faithful 2 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below . No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this A greement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. FEE SCHEDULE

The City shall pay Consultant as provided in the Fee Schedule, attached hereto as Exhibit “B”, and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which i nclude, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5. PREVAILING WAGES

a. In accordance with the provisions of the California Labor Code (1720,1770-1776, 1810, 1813 and 1815), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Agreement. Contractor shall be responsible for using correct and current prevailing wage rates.

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

The statute also requires a written agreement between the party hauling or delivering the ready- mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.

d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not 3 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of pa yroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State l abor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

NOTE: This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Confirmation of certified payroll submittal to the Department of Industrial Relations (DIR) is required with each invoice to the City. Payment of the invoice may be delayed when proof of certified payroll submittal is not included with the Contractor’s invoice.

Section 6. TERM OF AGREEMENT

This Agreement shall commenc e the date of full execution of the Agreement (the “Commencement Date”) and expiring on Two (2) Years from the Commencement Date (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreemen t by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS

It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consult ant or any employee or agent of Consultant . Both P arties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this agreement.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

CONSULTANT

a. Consultant represents and acknowledges the following:

(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City.

(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.

4 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

(4) Nothing in this A greement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.

(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.

b. The City represents and acknowledges the following:

(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.

(2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(4) It is the sole responsibility of Consult ant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.

(5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.

(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Fee Schedule set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set for th in this Agreement in any particular order or sequence.

(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE CITY

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.

b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

5 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Section 10. LICENSES AND PERMITS

Consultant represents that it has obtained and will maintain at all times during the I nitial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.

Section 11. STANDARD OF PERFORMANCE; WARRANTY

a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Brian Gengler, City Engineer, or his designee.

b. By executing this Agreement, Consultant warrants that it:

(1) Has thoroughly investigated and considered the services and work to be performed;

(2) Has investigated the issues regarding the scope of services to be provided;

(3) Has carefully considered how the services and related work should be performed; and

(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant 's risk, until written instructions are received from Brian Gengler, City Engineer, or his designee.

Section 13. CONFLICTS OF INTEREST

Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

6 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Section 14. COMPLIANCE WITH LAWS

Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.

b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. PROFESSIONAL LIABILITY INSURANCE

Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

Section 18. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability , shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

7 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Section 19. WAIVER OF SUBROGATION RIGHTS

Consultant shall require the carriers of all required insurance policies , with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS

a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.

b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.

c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.

e. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Consultant ’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Consultant’s insurance and shall not contribute with it.”

Section 21. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
8 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Section 22. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION

a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with t he applicable provisions of the California Business and Professions Code.

(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.

c. The City does not and shall not waive any rights tha t it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS

Upon request by Brian Gengler, City Engineer, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, 9 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS

a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Brian Gengler, City Engineer , or his designee, to evaluate the cost and the performance of such services.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

c. Brian Gengler, City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Brian Gengler, City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK

a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of to Brian Gengler, City Engineer, or his designee, or as required by applicable law.

c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Brian Gengler, City Engineer, or his designee, or as required by applicable law.

d. All origina l documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested b y Brian Gengler, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.

e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

10 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Section 28. PRINCIPAL REPRESENTATIVES

a. Jeffrey Camacho, Senior Vice President , is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Brian Gengler, City Engineer , or his designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

a. This Agreement may be modified or amended only by a written instrument signed by both Parties.

b. During the I nitial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Construction Management for the City of Victorville Wellness Center , but which the Parties did no t reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT

a. This Agreement super sedes any and all prior or contemporaneous agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.

b. This Agreement contains all of the covenants and agreements between the Parties with re spect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.

c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be inter preted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and 11 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Exhibit “A” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.

Section 32. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United S tates mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Brian Gengler, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Jeffrey Camacho, Senior Vice President
Pacifica Services, Inc.
106 S. Mentor Avenue, Suite 200
Pasadena, CA 91106

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF CITY OFFICERS AND

EMPLOYEES

No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER

a. No waiver shall be binding unless executed in writing by the Party making the waiver.

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
12 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

Section 36. ASSIGNMENT

This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK

The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged def ault within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
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b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.

c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in t he applicable court or forum in San Bernardino County, California.

Section 46. ATTORNEYS’ FEES

In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant , approved by the City ’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
14 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

(END OF THIS PAGE)

15 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE PACIFICA SERVICES, INC.

By:______________________________ By:__________________________ Debra Jones, Jeffrey Camacho,
Mayor Senior Vice President

Dated: ___________________________ Dated:_______________________

ATTEST

By:_______________________________
Jennifer Thompson,
City Clerk

Dated:_____________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD
FORM:

By: _______________________________ By: __________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Dated:_________________________ Dated:________________________

16 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

EXHIBIT A

SCOPE OF SERVICES

City agrees to engage Consultant and Consultant agrees to furnish all necessary labor, tools, materials, equipment for and to do the Work for the Project. The Work shall be performed: (i) as generally described in the Request for Proposal, Project CC22 -063-1, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); (ii) the prices set forth in Consultant’s Fee Proposal (attached as Exhibit "B"); and (iii) with the instructions of the City Engineer.

See Attachment

Request for Proposal – Scope of Services
Victorville Wellness Center
March 4, 2022
The Victorville Wellness Center project developed and procured by the City of Victorville. These services shall represent the minimum intended for a Pre-construction period to provide oversight assist in developing the project through construction.

I. Project Intent
A. The City of Victorville (the City) seeks to secure the services of a professional Project and Construction management for the development of a supportive housing project.

B. The project schedule is:
• Currently broken into Pre-con and Construction phase
• Pre-Construction services to start imminently
• Construction management services to begin March and extend to December '22.

II. Scope of Services – Construction Management
A. Provide Construction Management Services to the City, as further described. Such services shall be performed consistent with the standard of care for professionals performing similar scopes of services. The Consultant shall, at a minimum, undertake the scope of services reasonably necessary and customarily provided by Construction Management Consultant Firms conducting business in the Southern California area to ensure that all of the City’s goals, standards, policies and procedures are adhered to over the course of the assignment.

III. Scope of Services – Project Management Planning
A. The consultant shall work alongside staff in facilities planning, project and program development, including performing a variety of tasks from project planning, scoping, budget development, administrative and regulatory approvals through close out, and other related tasks.

Tasks may include a variety of planning, design management, oversight of construction and renovation work at the VVWC.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-063-1
17/Consultant/Professional Services Provider Agreement/Pacifica Servicess, Inc./Project CC22-063-1 IV. Scope of Service – Detail
A. The consultants will work as an extension of City staff to manage and develop processes, procedures and develop the project so that it is aligned with the goals of the Program and to ensure the continued progress of activities in any of the phases of planning/predesign, design, construction, close-out, Feasibility Studies, or other project needs. They will be required to operate and comply within established protocols, policies and procedures including budget, accounting, contracting, and project management.

B. Planning and Design Management Services may include the following and other duties and tasks as required:
• Gain familiarity with project needs, budget, and timing. • Conduct meetings with site staff and design team to refine detailed scope and program, including compliance with City specifications and Material and Construction Standards.
• Review proposals received from design consultants for scope and reasonableness to provide recommendations to the City.
• Review proposals received from firms for pre-construction services for scope and reasonableness to provide recommendations to the City.
• Review level of effort and associated costs for reasonableness and appropriate quantity.
• Interact with design consultant as needed to obtain appropriate scope and level of effort.
• Interact with construction consultant as needed to obtain appropriate scope and level of effort.
• Set up a decision-making framework to ensure timely City decisions. • Ensure that project is properly set up in tracking software which may include initial project schedule and budget.
• Review invoices for reasonableness, correctness, and appropriate charges. • Provide monthly status reports in prescribed format.
• Attend weekly project meetings.
• Participate in critical pre-design phase meetings, if any. • Interpret and apply California Environmental Quality Act (CEQA) and assist with filing CEQA documents with appropriate State and County agencies; obtain land use and property data from County records, if needed.
• Participate in other meetings as required.
• Coordinate and communicate effectively with various consultants, agencies, regulatory agencies, other City employees, and/or others as needed. • Assist in developing proper scopes of work, schedules and budgets to manage other vendors or consultants.

Design Phase duties may include:
• Monitor design phase schedule and progress throughout all phases. • Review design phase submittals and recommend approval.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-063-1
18/Consultant/Professional Services Provider Agreement/Pacifica Servicess, Inc./Project CC22-063-1 • Monitor project budget to ensure compliance with the City’s project budget. • Monitor progress of design team to ensure submittal of required HCD documents and retrieve verification.
• Ensure that project is properly maintained in tracking software. • Review invoices for reasonableness, correctness, and appropriate charges. • Provide weekly status reports in prescribed format.
• Attend weekly program meetings.
• Participate in critical design phase meetings.
• Participate in other meetings as required.
• Assist in bidding preparation and award process.
• Participate in pre-bid meetings.
• Facilitate the functioning of an integrated project delivery team. • Additional tasks associated with successful project management.

Construction Phase duties may include:
• Ensure that contract is properly constructed and executed and issue notice to proceed.
• Proactively manage change on the project.
• Review and approve contractor’s change order requests for entitlement and cost. • Manage project contingencies and allowances.
• Monitor project budget to ensure compliance with the City’s project budget. • Monitor construction schedule and report variances.
• Ensure that project is properly maintained in tracking software. • Review invoices for reasonableness, correctness, and appropriate charges. • Provide daily status reports in prescribed format.
• Attend weekly program meetings.
• Participate in critical construction phase meetings.
• Maintain project documentation in compliance with program standards. • Facilitate the functioning of an integrated project delivery team. • Additional tasks associated with successful project management.

Closeout phase duties may include:
• Assist with final punch list and final inspections.
• Assist in review and transfer of the final warranty/guarantee. • Monitor progress of design team in submitting required City, Health Department, OSPHD, etc. closeout documentation and retrieve verification. • Work with parties to ensure timely close out of projects or assist City in retaining certification for open applications.
• Assist in review and transfer of all required maintenance and operation manuals. • Assistance with and/or coordinate moving activities with vendors, facility, staff, others as needed to ensure smooth transition into occupancy. • Coordinate and ensure that required training on systems and materials takes place. • Coordinate and monitor completion of commissioning process. • Review final invoices.
• Review closeout documents.
• Reconcile expenditures and budget.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-063-1
19/Consultant/Professional Services Provider Agreement/Pacifica Servicess, Inc./Project CC22-063-1 • Assist in the finalization of any outstanding contracts and claims. • Ensure that all contract deliverables have been completed and submitted to the City.

Other duties may include:
• Provide administrative support as required, such as Board docket and agenda reports.
• Provide weekly project updates, if required.
• Update, maintain and assist in providing timely budgets and schedules. • On-going review and/or processing of invoices to ensure timely payment as required.
• Review of contracts to ensure proper execution of scope of services related to the project as required.
• Provide specialized technical support as required.
• Assist the City's construction program, ensuring compliance with legal and contractual requirements and City policies and objectives. • Assist in the development and tracking of requests from the City and its deemed partner entities.
• Provide estimating services as required.
• Provide scheduling services as required.
• Assist the City with securing funding for various projects. • Assist with the preparation of reports for various agencies and coordination of applications needed on behalf of the City or other documentation that may be needed.
• Assist to resolve complaints and/or seek to resolve and mitigate issues that may arise on projects on behalf of the City with a variety of entities, consultants, contractors or others that may be needed occasionally on projects.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-063-1
20/Consultant/Professional Services Provider Agreement/Pacifica Servicess, Inc./Project CC22-063-1 21 Consultant/Professional Services Provider Agreement/Pacifica Services, Inc/Project CC22-063 -1

EXHIBIT B
C
ONSULTANT’S FEE PROPOSAL
S
ee Attachment
Pacifica Services, Inc. Construction Management for Victorville Wellness Center | 1 Fee Proposal

STAFF NAME AND TITLE
HOURLY
RATE
Luis Diaz, DBIA–Project Manager $190.00
Gregory Bucknell, PE–Project Engineer $175.00
TBD–Project Manager $175.00
Hal Sibley, AIA, LEED AP–Constructability/Design Manager $190.00 Sal Torres, ACI, ICC, DSA Class 1, OSHPD-A–Lead Field Inspector $135.00 Ricardo Robles, ACI, ICC–Field Inspector $105.00
TBD–Field Inspector $105.00
Ray Lombera, PLS–Surveyor/Field Party Chief $200.00
Kurt Brown, PE, M.ASCE–Materials Testing/Source Inspection Project Manager $150.00 Jacques Roy, PE, GE–Geotechnical Engineer $185.00
Mike Mohajeran, PE, GE–Project Engineer $165.00
Kathleen Menefee, ICC, ACI–Field Technician $105.00
TBD–Office Engineer $125.00
EXHIBIT B, FEE PROPOSAL, PROJECT CC22-063-1
22/Consultant/Professional Services Provider Agreement/Pacifica Services Inc./Project CC22-063-1 Unit QTY
Blended Labor
Rate Unit Cost Est. Fee
I. Primary PM/CM Service Hr 11,706 $156.25 $1,829,063
Drawing and Office Supply
Reimbursables LS $15,000
Office Trailers Mo 11 $2,400.00 $26,400
Labor Per Diem Day 100 $150.00 $15,000
Software Usr 6 $270.00 $1,620
Copier Mo 11 $2,500.00 $27,500
II. Materials Testing Sub $397,818
III. Design Review / QA / QC Hr 288 $212.50 $61,200
Total $2,373,601
Pacifica Services, Inc. Construction Management Fee
Wellness Center Project
EXHIBIT B, FEE PROPOSAL, PROJECT CC22-063-1
23/Consultant/Professional Services Provider Agreement/Pacifica Services Inc./Project CC22-063-1

ATTACHMENT B

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center Project - Cooperative Agreement with Victor Valley Wastewater Reclamation Authority (VVWRA)
Recommendation:

That the Honorable City Council approve a Cooperative Agreement between the City and VVWRA related to the construction of a sewer pipe within the Wellness Center Project boundaries and authorize the City Attorney to make non-substantive revisions to the agreement.

Fiscal Impact:

The fiscal impact resulting from this action is a not to exceed amount of $600,000. An additional appropriation is not required. There are sufficient funds in the account to cover the planned expenses. The project will be funded from Fund 425, the Sewer Fund.

VVWRA will reimburse the City for the actual costs of the construction of a VVWRA sewer pipe. The account number and amount are shown below.

Account No. Amount
4254500-55315-97063 $600,000
Background:

City staff has been pursuing the development of a navigation center campus, called the “Wellness Center,” to be located at 16902 First Street in accordance with City Council direction at the August 18, 2020 meeting to continue with the land use entitlement process and securing of funding for the project. Combining a low-barrier emergency shelter, recuperative care facility, medical clinic, interim housing, and wraparound support services, the Wellness Center Campus will be the first facility of its kind in San Bernardino County.
2 4
7 5
The Wellness Center is planned with a Housing First approach with low barriers to entry, offering interim housing and supportive services for homeless and for those at risk of homelessness. The non-congregate design of the modular housing units will offer 110 separate units with a minimum capacity of 170 beds. Along with interim housing beds, the Wellness Center will include ample community space, offering a wide variety of supportive services, such as a medical clinic, substance abuse counseling, employment linkage, public benefits assistance, pet care and housing navigation. The unique on-site layout of the 9,600 square foot support service buildings allows for those at risk of homelessness from the community to also utilize the on-site services. Altogether, the 25,920 square feet of housing units and support service buildings are planned on approximately 4.5 acres of City owned land with additional amenities, such as a community garden, recreational sports courts, dog kennel and landscaped open space.

On December 8, 2021, the Planning Commission approved the entitlements for the Wellness Center project, which included approval of a Site Plan and Mitigated Negative Declaration.

On January 18, 2022, City Council approved an additional appropriation of funds, as noted above, and increased the not to exceed amount of the agreement with CMC for the Wellness Center Project.

Discussion:

There is an existing VVWRA sewer pipe traversing through the proposed Wellness Center Project boundaries. The existing pipe is within a 15-foot-wide easement on the City owned property.

VVWRA has planned for the construction of a second pipe, which will be parallel to the existing pipe. The second pipe will be needed in the future to accommodate increased wastewater flows due to new development in the Victor Valley. The construction of this second pipe is planned for some years in the future.
2 4
7 5
To avoid later disruption of the Wellness Center after it is in operation, the segment of the pipe needs to be constructed in conjunction with the Wellness Center Project. VVWRA has submitted plans to the City for the construction of the second pipe, which will be within a parallel 15-foot-wide easement adjacent to the existing easement.

To ensure the construction of the pipe, the City will include the items of work for the pipe in the construction contract for the Wellness Center Project. VVWRA will then reimburse the City for the cost of constructing the pipe segment. A cooperative agreement has been prepared by the City Attorney which describes the roles and responsibilities for the City and VVWRA regarding the construction of the pipe, granting a new easement and the construction over the existing easement. The final agreement has been reviewed by the City Attorney, City staff, VVWRA legal counsel, and VVWRA staff. The agreement has a not to exceed estimate for the pipe of $600,000. VVWRA will reimburse the City for the actual cost of the construction of the pipe.

Staff recommends that the Honorable City Council approve a Cooperative Agreement between the City and VVWRA related to the construction of a sewer pipe within the Wellness Center Project boundaries and authorize the City Attorney to make non- substantive revisions to the agreement.

Staff is available for any questions that City Council may have.

Attachment: A. Cooperative Agreement with VVWRA

ATTACHMENT A

COOPERATIVE AGREEMENT

CONSTRUCTION OF NEW SEWER INTERCEPTOR IMPROVEMENTS
This Agreement is made and entered into as of March [__], 2022 (the “Effective Date”), by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, (hereinafter referred to as “Victorville”) and the Victor Valley Wastewater Reclamation Authority, a joint powers authority located in the County of San Bernardino, State of California, (hereinafter referred to as “VVWRA”).

RECITALS
WHEREAS, Victorville is planning to cause the construction of an interim housing facility with support services (the “Wellness Center”) for individuals and families who are homeless or at risk of becoming homeless. The Wellness Center is planned on Victorville-owned property located at 16902 First Street within the Old Town neighborhood of Victorville which property is shown on Exhibit ‘A’ attached hereto and incorporated by this reference (the “Property”); and
WHEREAS, Victorville is currently pursuing funding for the Wellness Center and to the extent such funding becomes available Victorville hopes to cause commencement of construction of the Wellness Center in the First Quarter of 2022 or shortly thereafter; and
WHEREAS, an existing VVWRA sewer interceptor line (“Interceptor”) and easement is currently located on the Property upon which the Wellness Center is to be built; and
WHEREAS, Victorville seeks permission from VVWRA to utilize the easement area for the Wellness Center campus, and
Cooperative Agreement –VVWRA
2 WHEREAS, it is not prudent to allow construction of permanent improvements over an existing interceptor line and VVWRA anticipates the need to increase the capacity of the Interceptor in the future to handle additional wastewater flows, and WHEREAS, VVWRA therefore desires to cause the construction of a new parallel segment of sewer interceptor line on the Property which will run parallel to the Interceptor within a portion of the Property that will not have overlying improvements, except as provided in Section 4(4) hereof, in connection with the Wellness Center (the “Project”), the location of which Project is shown on Exhibit ‘B’ attached hereto and incorporated by this reference (“Project Site”); and
WHEREAS; the design and construction of the Project will only take place to the extent the City obtains the necessary funding to commence construction and completion of the Wellness Center; and
WHEREAS, Victorville and VVWRA (sometimes hereinafter collectively referred to as the “Parties” and individually as “Party”), desire to enter into an agreement regarding the design, construction and funding of the Project and establishing the obligations of Victorville and VVWRA with respect thereto; and WHEREAS, one of the purposes of this Agreement is for Victorville and VVWRA to share the costs and duties with respect to the construction of the Project; and WHEREAS, the Parties recognize that the mutual cooperation will benefit both Parties.

NOW, THEREFORE, in consideration of the forgoing and the mutual promises and covenants set forth herein, the Parties mutually agree as follows:

Cooperative Agreement –VVWRA
3 Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.

Section 2. TERM
This Agreement shall be effective as of the Effective Date and will continue for a period of five (5) years thereafter, terminating on the fifth anniversary of the Effective Date, unless this Agreement is otherwise extended in writing by both Parties or otherwise terminated by either Party pursuant to the terms of this Agreement prior to said expiration date.

Section 3. RESPONSIBILITIES OF VVWRA
VVWRA shall perform the following obligations related to the Project during the Term of this Agreement:
(1) Design, or cause to be designed, plans for the Project at its sole cost and expense, copies of which are attached hereto as Exhibit ‘C’ and incorporated herein by this reference (“Project Design”). The Project Design will be subject to review and approval by Victorville. VVWRA will assume full responsibility and all costs related to the design of the Project.
(2) Prior to the construction commencement of the Project, VVWRA shall provide a Non-Interference Letter to Victorville allowing the Victorville, and any future property owner, the ability to utilize the sewer line easement areas for the construction and operation of the Wellness Center, provided, however, that no improvements are constructed over the Project Site except as set forth in Section 4(4).

Cooperative Agreement –VVWRA
4 (3) Upon completion of the construction of the Project, regularly monitor and inspect the condition of the Project and maintain the Project in a safe condition in a manner consistent with its maintenance of other similar projects within Victorville as well as repair any and all damage to the Project unless such damage is caused by the actions of Victorville, any future owner of the Property or their respective agent or contractors.

Section 4. RESPONSIBILITIES OF VICTORVILLE
Victorville shall perform the following obligations during the Term of this Agreement:
(1) Upon City approval of the Project Design, cause any and all permits and approvals for the Project to be obtained and undertake and complete all CEQA or other environmental review that is necessary for the Project; (2) Cause the construction of the Project on the Property in accordance with the Project Design. VVWRA will have the right to monitor and inspect such construction to ensure compliance with the Project Design and approval of the final Project facilities. Such construction shall take place and be coordinated with the construction of the Wellness Center when and if such Wellness Center is constructed. If the commencement of construction of the Wellness Center does not occur within the Term, then the Parties will have no further obligations pursuant to the terms of the Agreement; (3) Pay all costs in connection with the construction of the Project, subject to reimbursement by VVWRA in accordance with the terms of Section 5; (4) Upon completion of the Project, Victorville shall cause to be prepared an amendment of the existing sewer interceptor line easement to cover the Cooperative Agreement –VVWRA
5 Project Site in a form reasonably acceptable to VVWRA (the “Amended Easement”) and shall grant such Amended Easement to VVWRA to allow for access to and maintenance of the Project. Such Amended Easement shall allow for paved parking, landscaping, and fencing over the Easement area but will prohibit the construction of any permanent structures on the Easement. All Project facilities that are constructed pursuant to this Agreement will be the property of VVWRA upon completion and inspection by VVWRA.
(5) Require all contractors and vendors working on the Project to have appropriate adequate insurance coverage for the mutual protection of benefit of the Parties. Victorville will notify VVWRA prior to the award of any contract for the Project to enable VVWRA to provide input as to any prior experience with the bidding contractors. Victorville shall require and ensure that all contractors/sub-contractors working on the Project shall have insurance policies that contain endorsements naming Victorville and VVWRA and their officers, agents, volunteers and additional insured with respect to the liabilities arising out of or performance of the construction services. Victorville will also require that all city contractors/sub-contractors comply with all applicable laws and regulations including but not limited to the prevailing wage laws of the California Labor Code as well as any and all Air Pollution Control, Water Pollution, Safety and Health ordinances and statutes which apply to the construction work performed pursuant to this Agreement.

Cooperative Agreement –VVWRA
6 Section 5. PROJECT COST
VVWRA agrees to reimburse Victorville for the cost of construction of the Project in an amount not to exceed Six Hundred Thousand Dollars ($600,000) without the prior written consent of VVWRA. This amount includes a current estimate of costs plus a twenty percent contingency. VVWRA and Victorville will work cooperatively in good faith to obtain final bids that are below the current estimate, but the failure to do so will not impact the enforceability of this Section 5. Within sixty (60) days of the completion of the Project, Victorville will submit to VVWRA an invoice detailing the actual costs of construction for the Project, which costs will not include any allocation of administrative overhead of Victorville staff in connection with Project management or oversight.

VVWRA will have the right to review and audit the books and records of Victorville as necessary to verify the Project costs. VVWRA will pay the invoice within thirty (30) days of receipt, provided, however, that such payment due date will be extended to the extent that VVWRA has reasonable questions or concerns regarding Project cost.

Section 6. NO AGENCY RELATIONSHIP CREATED; LIABILITY
(a) Nothing contained in this Agreement shall be deemed, construed or represented by the Victorville or VVWRA or by any third person to create the relationship of principal and agent.
(b) VVWRA shall have no authority, expressed or implied, to act on behalf of the Victorville in any capacity whatsoever as an agent. (c) Victorville shall have no authority, expressed or implied, to act on behalf of the VVWRA in any capacity whatsoever as an agent.

Cooperative Agreement –VVWRA
7 (d) Victorville or its contactor(s), shall be solely responsible for any liability for the direct payment of any salary, wage or other such compensation to any person employed by Victorville or its contractor(s) to perform the construction of the Project.

Section 7. TERMINATION
This Agreement may be suspended with cause by either Party at any time provided that the respective Party provides the other Party at least ten (10) calendar days’ written notice of such suspension. Such suspension shall remain in effect until the underlying cause has been cured or notice of an event of default has been given pursuant to Section 8. This Agreement may further be terminated for beach by either Party if the other Party fails to cure an event of default within the cure periods specified in Section 8. Victorville may further terminate this Agreement at any time with thirty (30) days written notice to VVWRA if it determines not to proceed with the Wellness Center.

Section 8. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of Cooperative Agreement –VVWRA
8 default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
e. Neither Party shall be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or by reason of any other delays beyond the Party’s control.

Section 9. KEEPING OF DOCUMENTS
Any records or documents either created by or provided to either Party in connection with the performance of this Agreement shall be kept in the ordinary course of business by that Party.

Section 10. BOOKS AND RECORDS
Both Parties shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to the work completed under this Agreement for a minimum period of two years, or for any longer period required by law, from the date of performance pursuant to this Agreement.

Cooperative Agreement –VVWRA
9 Section 11. REQUEST FOR DOCUMENTS FROM A NON-PARTY
In the event of any request for documents from a non-Party to this Agreement, such as a Public Records Request, submitted directly to a Party, that Party shall be solely responsible for responding to said request. Should that Party require assistance from the other Party, the other Party may assist the Party in responding to said request.

Such assistance shall not be unreasonably withheld.

Section 12. DOCUMENTATION
Upon request, each Party shall provide the other Party with documentation of work completed.

Section 13. NOTICES AND DESIGNATED REPRESENTATIVES
Any and all notices, demands, invoices, and written communication between the parties hereto shall be addressed to:

To VVWRA:

With a copy to:

Victor Valley Wastewater Reclamation Authority
(VVWRA)
16350 Mojave Drive
Victorville, CA 92395
Telephone: (760) 246-8638
Attn: Darron Poulsen
Best Best & Krieger LLP
3390 University Avenue
5th Floor
Riverside, California 92501
Attn: Piero Dallarda
To Victorville: City of Victorville
14343 Civic Drive
Victorville, CA 92392
Telephone: (760) 955-5000
Attn: Brian Gengler
Cooperative Agreement –VVWRA
10 With a copy to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Telephone: (818) 704-0195
Attn: Andre de Bortnowsky
Section 14. ASSIGNMENT
There shall be no assignment of the Agreement by either party without first obtaining the prior written consent of the other party.

Section 15. ATTORNEY’S FEES
In the event of any legal proceeding being instituted to enforce any term or provision of this Agreement, The prevailing party of said legal proceeding shall be entitled to recover reasonable attorney’s fees and costs.

Section 16. ENTIRE AGREEMENT
This Agreement supersedes any and all agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that representation by any party that is not embodied herein nor any other agreement, statement or promise not contained in this Agreement, shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing and signed by all parties.

Section 17. INDEMNIFICATION
a. VVWRA shall defend, indemnify and hold harmless Victorville, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection wherein), arising out of VVWRA’s performance of this Agreement, except for any such claim arising out of the Cooperative Agreement –VVWRA
11 sole negligence or willful misconduct of Victorville and its officers, agents, employees or volunteers.
b. Victorville shall defend, indemnify and hold harmless VVWRA, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection wherein), arising out of Victorville’s performance of this Agreement, including any claim caused by the negligent acts or willful misconduct of Victorville’s contractor(s) in connection with the construction of the Project, except for any such claim arising out of the sole negligence or willful misconduct of VVWRA and its officers, agents, employees or volunteers.

Section 18. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 19. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Cooperative Agreement –VVWRA
12 Section 20. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 21. AUTHORITY TO ENTER AGREEMENT
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

Section 22. PRINCIPAL REPRESENTATIVES
a. The City Engineer, or his or her designee, is designated as the principal representative of Victorville responsible for undertaking, managing and supervising the performance of all of the services. The City Engineer or his designee shall be the principal representative of Victorville for purposes of communicating with VVWRA on any matter associated with the performance of the services set forth in this Agreement.
b. The VVWRA General Manager, or his designee, is designated as the principal representative of VVWRA. The General Manager or his designee shall be the principal representative of VVWRA for purposes of communicating with Victorville on any matter associated with the performance of the services set forth in this Agreement.

Cooperative Agreement –VVWRA
13 Section 23. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 24. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 25. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 26. RIGHTS AND REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Cooperative Agreement –VVWRA
14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF VICTORVILLE VICTOR VALLEY WASTEWATER

RECLAMATION AUTHORITY
By: ____________________ By: ____________________ Name: __________________ Name: __________________
Title: __________________ Title: __________________
Date: _______________ Date: _______________
ATTEST: ATTEST:
____________________ ____________________
City Clerk
Date: _______________ Date: _______________

APPROVED AS TO FORM APPROVED AS TO FORM
____________________ ____________________
City Attorney Authority Counsel
Date: _______________ Date: _______________
Cooperative Agreement –VVWRA
15 EXHIBIT ‘A’

PROPERTY

Cooperative Agreement –VVWRA
16 EXHIBIT ‘B’

PROJECT DESCRIPTION AND LOCATION

Cooperative Agreement –VVWRA
17 EXHIBIT ‘C’

PROJECT DESIGN
GRAPHIC SCALEPLANCITY OF VICTORVILLEENGINEERING DEPARTMENTBRIAN GENGLERFIELD BOOK NO. (S) APPROVED BY:CITY ENGINEERREVISIONNO.BY14343 Civic Drive, Victorville, Ca. 92392 (760) 955-5158R.C.E. 44730EXP. 03-31-22CHECKED BY: 10/08/21DATE: DATE:DESIGN BY: DRAWN BY: T.C.DATEPROJECT NO.DRAWING No.TBDOF04SHEET NO.VVWRA INTERCEPTOR SEWER PLAN AND PROFILET.C.VICTORVILLE WELLNESS CENTERB.M.BTWO WORKING DAYS BEFORE YOU DIGBENCHMARK: (1987) NATIONAL GEODETIC SURVEY MONUMENT;5/8" ROD IN WELL COVER; 30 FT. WEST OF WEST RAILROADTRACK OPPOSITE OWL CONCRETE PLANT; 6,0000 FT. NORTH OFHWY 15 ALONG NATIONAL TRAILS HWY.ELEVATION = 2681.6 COV CONTROL #B1407WDID: 6B36W00481BLDR21 - 01212605 Third Street Encinitas, CA 92024760.942.5147 Fax 760.632.0164 NOTES:

PROFILENOT IN CONTRACT
CITY OF VICTORVILLEENGINEERING DEPARTMENTBRIAN GENGLERFIELD BOOK NO. (S) APPROVED BY:CITY ENGINEERREVISIONNO.BY14343 Civic Drive, Victorville, Ca. 92392 (760) 955-5158R.C.E. 44730EXP. 03-31-22CHECKED BY: 10/08/21DATE: DATE:DESIGN BY: DRAWN BY: T.C.DATEPROJECT NO.DRAWING No.TBDOF04SHEET NO.VVWRA INTERCEPTOR SEWER PLAN AND PROFILET.C.VICTORVILLE WELLNESS CENTERB.M.BTWO WORKING DAYS BEFORE YOU DIGBENCHMARK: (1987) NATIONAL GEODETIC SURVEY MONUMENT;5/8" ROD IN WELL COVER; 30 FT. WEST OF WEST RAILROADTRACK OPPOSITE OWL CONCRETE PLANT; 6,0000 FT. NORTH OFHWY 15 ALONG NATIONAL TRAILS HWY.ELEVATION = 2681.6 COV CONTROL #B1407 WDID: 6B36W00481BLDR21 - 01212605 Third Street Encinitas, CA 92024760.942.5147 Fax 760.632.0164 1TRENCH DETAILNOTES:

SECTION A-A
2CLEAN OUT DETAIL
Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Scott Webb, City Planner

Subject:

Wellness Center Project - Amendment No. 1 to Agreement with ECORP Consulting, Inc. for environmental services.

Recommendation:

The Honorable City Council approve Amendment No. 1 to the Consultant / Professional Services Provider Agreement with ECORP Consulting, Inc. for additional scope of work, an extension of the term to expire December 31, 2022, and an increase in compensation by $123,500, thereby increasing the total cumulative not to exceed sum from $115,975 to $239,475, for the environmental services associated with the construction of the Wellness Center.

Fiscal Impact:

Acting in accordance with the staff recommendation will result in an expenditure of $123,500 to be paid for through Permanent Local Housing Allocation (PLHA) funds the City receives annually. No additional appropriation is required. The funding for this project was appropriated by the City Council under the following account:

Account No. Funding Source Available Budget
2704020-various-20465 PLHA $125,921 (2019)
$983,520.00 (2020 Pending)
Background:

Following a competitive Request for Proposals (RFP) process to procure environmental services in accordance with Municipal Code Section 2.28.280, ECORP Consulting, Inc. (“ECORP”) was selected and contracted by the City in July of 2021 to complete the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental assessments for the planned Wellness Center, located at 16902 First Street (Attachment B). This 4.5-acre interim housing project is planned on undeveloped land adjacent to the Mojave River. ECORP completed the CEQA and NEPA 2 4
8 0
environmental assessment concurrently with processing of the Site Plan application for the Wellness Center. The Planning Commission, at their December 8, 2021 public meeting, approved the Site Plan with a Mitigated Negative Declaration (Attachment C), which includes various pre-construction environmental surveys as well as potential monitoring activities during construction.

Discussion:

On December 15, 2021, the City received notice of their Homekey award that will help fund the construction and operation of the Wellness Center. City staff has been diligently working to prepare the Wellness Center site for construction. This included the removal of trees from the project site in January 2022, prior to the start of the nesting bird season.

The original contract with ECORP covered the complete cost of the CEQA and NEPA environmental assessment.

As part of the original RFP, proposers were required to submit proposals for pre-grading surveys and construction monitoring services if the outcome of the environmental studies required mitigation measures. The site in fact required surveying for bats and burrowing owls during tree removal, which was able to be covered under the original contract amount. However, there is currently $9,300 under the original contract left to cover the remaining pre-construction surveying and potential monitoring during construction. Thus, an amendment to ECORP’s service contract is necessary to comply with the mitigation measures approved for the Wellness Center.

Staff recommends that the City Council approve Amendment No. 1 (Attachment A) to the Consultant / Professional Services Provider Agreement with ECORP Consulting, Inc. for additional scope of work, an extension of the term to expire December 31, 2022, and an increase in compensation by $123,500, thereby increasing the total cumulative contract amount not to exceed from $115,975 to $239,475, for pre-construction surveys and possible construction monitoring for the Wellness Center.

Staff is available for questions.

Attachments:

A. Amendment No. 1 with ECORP Consulting, Inc.

B. Original Service Agreement with ECORP Consulting, Inc C. Approved Mitigated Negative Declaration

ATTACHMENT A
Amendment No. 1 with ECORP Consulting, Inc.

Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project CC21-123/Amendment #1

Page 1 of 3 ends

AMENDMENT NUMBER: ONE
TO

CONSULTANT/PROFESSIONAL SERVICES PROVIDER

AGREEMENT

BY AND BETWEEN

CITY OF VICTORVILLE
AND
ECORP CONSULTING, INC.

FOR

CEQA/NEPA ENVIRONMENTAL SERVICES FOR WELLNESS CENTER,
PROJECT CC21-123

THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2022, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and ECORP Consulting, Inc ., a California corporation, hereinafter referred to as “Consultant”, City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.

Recitals

1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide CEQA/NEPA Environmental Services for Wellness Center; and

2. WHEREAS, on or about January 21, 2022, a Letter of Agreement was issued to the Original Agreement retain Consultant/Professional Services on a month to month basis until completed, in accordance with Section 6., Term of Agreement; and

3. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to revise Section 2, Scope of Services to include additional services; increase Section 3, Compensation by $123,500, thereby increasing the total cumulative not to exceed sum from $115,975 to $239,475.00; revise Section 4., Cost Proposal, to include the additional services as set forth in the Consultant’s Proposal; and amend Section 6., Term of Agreement expire December 31, 2022; and

4. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.

Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project CC21-123/Amendment #1

Page 2 of 3 ends

Contract Amendment

Section 2. – SCOPE OF SERVICES – is amended as follows:

“Consultant shall provide to the City those additional services as set forth in the Consultant’s Proposal (P21-298.A) dated February 25, 2022, attached hereto as Exhibit “A-1” and incorporated as part of this Agreement by this reference.”

Section 3. – COMPENSATION – is amended as follows:

“The City shall pay to Consultant a sum not to exceed Two Hundred Thirty -nine Thousand Four Hundred Seventy -five and 00/100 dollars ( $239,475.00) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”

Section 4. – COST PROPOSAL – is amended as follows:

“The City shall pay Consultant for those additional services set forth in Consultant’s Proposal (P21-298.A) dated February 25, 2022, attached hereto as Exhibit “A-1” and hereby incorporated as part of this agreement by this reference.”

Section 6. – TERM OF AGREEMENT - is amended as follows:

“The City hereby amends the Term of Agreement expire on December 31, 2022 (the “Termination Date”).”

Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.

(SIGNATURES ON NEXT PAGE)

Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project CC21-123/Amendment #1

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.

PARTY OF THE FIRST PART PARTY OF THE SECOND PART

THE CITY OF VICTORVILLE ECORP CONSULTING, INC.

By:_______________________________ By:________________________________ Debra Jones, Anne Surdzial,
Mayor Vice President/Director of
CEQA/NEPA Services

Dated:_____________________________ Dated:______________________________

ATTEST

By:_________________________________
Jennifer Thompson,
City Clerk

Dated:_______________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM

By:________________________________ By:______________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Dated:______________________________ Dated:_____________________________

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com February 25, 2022
(P21-298.A)
Scott Webb
City Planner
City of Victorville Development Department
14343 Civic Drive
Victorville, CA 92392
Via email: [email protected]
Subject: Proposal to Provide Mitigation Implementation Services for Victorville’s Wellness Center Campus (Project CC21-123), City of Victorville, California Dear Mr. Webb:

ECORP Consulting, Inc. (ECORP) is pleased to present our proposal to provide biological, cultural, and paleontological resources services as part of the implementation of mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) adopted on December 8, 2021 for the Victorville Wellness Center Project.

PROJECT UNDERSTANDING
After the adoption the IS/MND ECORP performed preconstruction nesting bird and bat surveys.

ECORP staff monitored the removal of trees in January 2022. These services were carried out under our existing agreement with the City of Victorville for this Project. Construction of the Proposed Project is anticipated to start on March 21, 2022. As such, Mitigation Measures BIO-1 and BIO-2 will need to be implemented prior to the start of construction. The fees for BIO-1 (Task 1) and project coordination and meetings (Task 3) as described in the scope of work below can be covered under our existing agreement. BIO-2 (Task 2) and the optional as-needed monitoring tasks would require a new change order.

SCOPE OF WORK
Task 1 – Preconstruction Protocol Rare Plant Surveys
Mitigation Measure BIO-1 in the IS/MND requires that protocol-level preconstruction rare plant surveys be conducted for the three special-status plant species that have a moderate or low potential to occur on the Project Ste, including San Bernardino aster, Booth’s evening-primrose, and beaver dam breadroot.

Two surveys will be conducted just before construction activities begin. Due to the constrained construction schedule timeline, these surveys will be conducted in late February/early March and in mid- to late March, outside of the typical blooming period for the target species. Blooming is usually EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

Page 2 of 9 ends

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com required to identify the presence/absence of some target species, as many rare plants cannot be detected outside of their blooming periods; however, it may be possible for experienced botanists to identify some species outside of the blooming period. Due to the timing of these preconstruction surveys, a senior-level biologist will be leading and/or directly overseeing the preconstruction rare plant surveys. The preconstruction rare plant surveys will be conducted by ECORP botanists familiar with these special-status plants at different life stages. The survey will be conducted in accordance with the USFWS Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants, the CDFW Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities, and the CNPS Botanical Survey Guidelines of the California Native Plant Society to the greatest extent feasible.

Biologists will conduct the survey by employing systematic field techniques that will provide a 100- percent coverage of the site and a 100-foot buffer area. All plant species observed on site will be identified to taxonomic species. If a rare plant species is detected, its location will be documented using a global positioning system (GPS) unit with sub-meter accuracy. Should the number of individuals in a population be distributed across an area that exceeds 10 square meters, a polygon will be recorded using the GPS device so that the extent of the population will be known.

Following the completion of the survey ECORP will prepare a brief letter report. The report will include a description of the methods and a discussion of the results, including a map of any rare plants identified during the survey. The report will be submitted electronically in draft form. After receiving one round of complete and compiled comments, the final version of the report will be submitted electronically.

This task does not include costs associated with agency (CDFW or USFWS) consultation or coordination or preparation of permit applications. If the need arises to consult or coordinate with one or both of the agencies, then preparation of an additional scope and cost may be necessary.

Task 1 Deliverables:
♦ Draft and Final Rare Plant Survey Letter Report
Task 2 – Preconstruction Burrowing Owl and Nesting Bird Surveys Mitigation Measure BIO-3 in the IS/MND requires that two preconstruction burrowing owl surveys be conducted for the Project. The first survey is to be conducted between 30 and 14 days prior, and the second is to be conducted within 24 hours prior to the start of construction activities. The preconstruction surveys will follow the protocol listed in the California Department of Fish and Wildlife (CDFW) Staff Report on Burrowing Owl Mitigation (2012). Experienced ECORP biologists will walk transects spaced 10 to 20 meters apart over the entire site and a 500-foot buffer in order to achieve 100-percent visual coverage of the site. The biologists will record all burrowing owl EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

Page 3 of 9 ends

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com observations, occupied burrows, and burrows with owl sign (e.g., whitewash, pellets, feathers).

Observations of sensitive wildlife species, such as the loggerhead shrike, will also be documented.

Mitigation Measure BIO-2 in the IS/MND requires that a pre-construction nesting bird survey be conducted by a qualified avian biologist no more than three days prior to the start of construction activities to ensure that active bird nests, including nests belonging to special-status avian species, will not be disturbed or destroyed during construction activities. The preconstruction burrowing owl surveys are scheduled to be conducted during the nesting bird season and the biologists will also search for active bird nests during these surveys. The second of the two preconstruction burrowing owl surveys (within 24 hours prior to the start of construction activities) will also serve to fulfill Mitigation Measure BIO-2 for a preconstruction nesting bird survey.

If burrowing owls or active, occupied burrows and/or active bird nests are observed, then the biologist will notify the City immediately. The protection measures listed in Mitigation Measure BIO- 2, BIO-3, and the Staff Report will need to be adhered to if burrowing owls or active bird nests are identified on the Project Site.

Following the completion of the survey ECORP will prepare a brief letter report. The report will include a description of the methods and a discussion of the results, including a map of any biological resources identified during the survey. The report will be submitted electronically in draft form. After receiving one round of complete and compiled comments, the final version of the report will be submitted electronically.

Task 2 Deliverables:
♦ Draft and Final Preconstruction Burrowing Owl and Nesting Bird Survey Letter Report Task 3 – Project Coordination and Meetings
The ECORP Project Manager will facilitate communication between the City and the project team, be available for phone calls, be responsible for accurate and timely accounting (monthly invoices/progress reports) and document deliverables and develop and maintain the project schedule. The ECORP Project Manager will coordinate with the City for the location, date, and time of all project meetings and field work unless directed otherwise by the City. For costing purposes eight (8) hours have been estimated for project coordination and meetings.

EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

Page 4 of 9 ends

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com

OPTIONAL TASKS
Optional Task 4 – Paleontological Resources Impact Mitigation and Monitoring Plan (PRIMMP)
A paleontological records search was conducted for the Project. Based on the results and per Mitigation Measure GEO-2 of the IS/MND, a qualified paleontologist shall be retained to determine if the older Quaternary sediments are being disturbed during deep excavations of ten feet below the ground surface or greater. A Paleontological Resources Impact Mitigation and Monitoring Plan (PRIMMP) will be prepared by ECORP’s Principal Paleontologist who will be responsible for its implementation as described under Task 4.

Task 4 Deliverables:
♦ Draft and Final PRIMMP
Optional Task 5 – Paleontological Monitoring
ECORP will conduct paleontological monitoring during ground disturbing activities as part of the associated project construction that is ten feet or greater below the ground surface. All paleontological services will be conducted under the direction of Qualified Paleontologist Joe Stewart, Ph.D. who is qualified under the California Environmental Quality Act (CEQA), Society of Vertebrate Paleontology (SVP), San Bernardino County, and Bureau of Land Management (BLM) standards. All work will be conducted in accordance with guidelines set forth under CEQA, SVP, City of Victorville, and the PRIMMP.

The depth of excavation that requires paleontological monitoring and the frequency/level of monitoring may be modified by the paleontological monitor in consultation with the City of Victorville based on observations during construction and whether or not paleontological resources or sediments conducive to fossil preservation are identified. In general, a paleontological monitor will not be required if possible fossil bearing sediments are not affected by construction activities, or if they have been fully explored and no further impacts are anticipated.

In the event that unanticipated paleontological resources are discovered, all activities in the vicinity will be temporarily redirected until a determination of their significance can be made. The monitor shall evaluate the resource(s) encountered and recommend the development of mitigation measures for impacts to potentially significant resources that cannot be avoided. Construction activities may continue in other areas of the Project Site as determined appropriate by the monitor in consultation with the construction supervisor. If the discovery proves to be significant, additional investigation, such as evaluation and data recovery excavation, may be warranted. If paleontological resources are encountered during monitoring they will be mapped, photographed, recorded, and collected for later documentation that will be included in the final technical report. Map points will be taken with a EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

Page 5 of 9 ends

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com GPS unit. At a minimum, an overview photograph will be taken of each site. A single point will be taken for each isolated find. Recordation will include the notation of all information required to fully complete a locality form. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Fossil specimens shall be curated by accessioning them into an established, accredited museum repository with permanent retrievable paleontological storage. Costs assume that no paleontological resources will be identified. If such resources are identified the presence of an additional monitor at the daily rate may be required to allow fossil recovery to occur simultaneously with construction monitoring elsewhere on the Project Site.

Task 5 Deliverables:
♦ Paleontological monitoring, as needed
Optional Task 6 – Paleontological Monitoring Report
Upon conclusion of ground-disturbing activities, a report of findings with appended itemized inventories of specimens will be prepared. If fossils are recovered, a deed of gift will be included as an appendix as verification that the specimens have been transferred to an established, accredited museum repository for curation. When submitted to the City of Victorville, the report will signify completion of the paleontological resources mitigation program. The report will meet the standard paleontological management report formats and will be consistent with discipline guidelines. The cost proposal assumes that no paleontological resources meeting SVP and CEQA significance criteria will be recovered. Any discoveries may make a change order necessary.

Task 6 Deliverables:
♦ Paleontological Monitoring Report
Optional Task 7 – Biological Monitoring
ECORP will provide a qualified biologist to conduct biological monitoring during construction activities for the Project. The biological monitor will be knowledgeable and experienced in the biology of special-status species with potential to occur on or adjacent to the project site.

The biological monitor will be responsible for the compliance with the project’ environmental permits as they pertain to special-status species and aquatic resources. The biological monitor will be present during all ground disturbing activities, as appropriate. The biological monitor will document the location of any sensitive biological resources observed during monitoring, including active bird nests in or adjacent to the Project Site. The biological monitor will ensure that all work areas (including the limits of grading) are staked. If any active nests are found during monitoring, the biological monitor will notify the City, as appropriate measures will need to be implemented to reduce or eliminate impacts to the nest or its inhabitants. During each monitoring day, the biological EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

Page 6 of 9 ends

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com monitor will complete a daily monitoring reporting form, that will include a summary of the project activities conducted, information on any sensitive biological resources identified, and site photographs. The completed forms will be compiled and submitted electronically on a monthly basis.

If implementation of avoidance and minimization measures are determined to be out of this scope of work, then an additional scope and fee will be prepared. This task also does not include development or presentation of a worker environmental awareness program or training.

Task 7 Deliverables:
♦ Biological Monitoring Logs
Optional Task 8 – Cultural Monitoring
As an optional task, ECORP will provide one archaeologist to monitor ground disturbing activities associated with project construction, as needed. The archaeologist will be, or will be working under the direct supervision of, a Registered Professional Archaeologist (RPA) who meets the Secretary of the Interior’s Standards for prehistoric and historic archaeology. Monitoring will be conducted in compliance with the mitigation measures developed for the Project (CUL-1, CUL-2, CUL-3, TCR-1, and TCR-2).

For costing purposes, ECORP assumes the following:
♦ Monitoring will be required on a full-time basis during ground disturbing activities. ♦ The scope and cost assume that archaeological monitoring will be conducted by a professional archaeologist working under the direct supervision of the project RPA. ♦ No cultural resources will be found during monitoring. This monitoring scope and cost does not include Native American monitoring, the preparation of Department of Recreation 523 forms, testing plans, evaluation studies (including archival research or subsurface testing), the preparation or implementation of a data recovery plan, consultation with Native American Tribes, the preparation of a technical report, artifact curation services, or preparing and implementing a reburial plan. If any of these services are required, a separate scope of work and cost estimate will be provided based on the level of effort required.
♦ The archaeological monitor will prepare a daily log for each day of monitoring to document the construction activities observed, hours on site, and a brief description of any encountered archaeological materials, along with actions taken to record and evaluate the find.
♦ The supervising RPA will visit the site as needed, coordinate with the ECORP archaeologist on a daily basis, provide updates to the City as needed, and direct the appropriate efforts in the event that cultural material is encountered during construction.

EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

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215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com ♦ At the completion of all monitoring activities, the RPA will prepare a letter report (assumed negative) to demonstrate to that all conditions and specifications of the MMRP were met during construction.

Task 8 Deliverables:
♦ Cultural Monitoring Letter Report
Optional Task 9 – Native American Monitoring
Native American monitors from a local affiliated Native American Tribe(s) will be provided during monitoring as subcontractors to ECORP in compliance with the mitigation measures developed for the Project.

For costing purposes, ECORP assumes the following:
♦ Monitoring will be required on a full-time basis during ground disturbing activities. ♦ This scope does not include assisting in the consultation between the Tribes and the City regarding finds and their interpretation nor does this scope include costs for artifact treatment, curation, or reburial. If these services are required, a separate scope and cost will be prepared.

Task 9 Deliverables:
♦ Native American Monitoring Logs

EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

Page 8 of 9 ends

215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com

SCHEDULE
ECORP is confident that we can meet the expected time frame for the completion of the surveys and monitoring according to the schedule below. This schedule is based on a construction start date of March 21, 2022.

Tasks Time Frame for Completion Approximate Date
Task 1 – Preconstruction Protocol Rare Plant Surveys
Two (2) surveys in compliance with
Mitigation Measure BIO-1 Prior to the start of construction Survey #1: One-day survey
during the week of February
28 - March 4, 2022*

Survey #2: One-day survey
during the week of March 14 -
18, 2022*
Task 2 – Preconstruction Burrowing Owl and Nesting Bird Surveys Mitigation Measures BIO-2 & BIO-3:

Preconstruction Burrowing Owl and
Nesting Bird Surveys
Prior to the start of construction
Survey #1: Monday March 7,
2022

Survey #2: Sunday March 20,
2022 (This survey will
encompass both the 24-hour
preconstruction burrowing owl
survey and the
preconstruction nesting bird
survey)
Task 3 – Project Coordination and Meetings
Project Management and Meetings Ongoing As scheduled
Optional Tasks
Task 4 – Paleontological Resources
Impact Mitigation and Monitoring Plan
(PRIMMP)
2 weeks March 14
Task 5 – Paleontological Monitoring As needed during ground disturbing activities of 10 feet or greater below ground surface 1st and 2nd Quarter 2022 Task 6 – Paleontological Monitoring
Report
3 weeks from the end of paleontological
monitoring 2nd and 3rd Quarter 2022
Task 7 – Biological Monitoring As needed during ground disturbing activities 1st and 2nd Quarter 2022 Task 8 – Cultural Monitoring As needed during ground disturbing activities 1st and 2nd Quarter 2022 Task 9 – Native American Monitoring As needed during ground disturbing activities 1st and 2nd Quarter 2022 *Note: the blooming period for the three target plant species typically begins in mid-May.

EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123
Mr. Scott Webb
February 25, 2022

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215 North 5th Street ● Redlands, CA 92374 ● Tel: (909) 307-0046 ● Fax: (909) 307-0056 ● www.ecorpconsulting.com

COST ESTIMATE
The cost will be billed on a TIME AND MATERIALS or DAILY RATE basis. The cost estimate to complete the scope of work is presented in the following table. Funds for Tasks 1 and 3 are available under our existing agreement. Task 2 and the optional tasks would require a change order.

Table 1 – Cost Breakdown
Tasks Cost ($)
Task 1 – Preconstruction Protocol Rare Plant Survey $7,700 Task 2 – Preconstruction Burrowing Owl and Nesting Bird Surveys $7,100 Task 3 – Project Coordination and Meetings $1,600
TOTAL $18,400

OPTIONAL TASKS
Task 4 – Paleontological Resources Impact Mitigation and Monitoring Plan (PRIMMP) $3,800 Task 5 – Paleontological Monitoring (full day) $1,450/day1 Task 5 – Paleontological Monitoring (half day) $800/half day2 Total Task 5 $29,0003
Task 6 – Paleontological Monitoring Report $3,000
Task 7 – Biological Monitoring (full day) $1,400/day1
Task 7 – Biological Monitoring (half day) $840/half day2 Total Task 7 $28,0003
Task 8 – Cultural Monitoring (full day) $1,250/day1
Task 8 – Cultural Monitoring (half day) $800/half day2
Task 8 – Cultural Monitoring Report $2,600
Total Task 8 $27,6003
Task 9 – Native American Monitoring (full day) $1,150/day1 Task 9 – Native American Monitoring (half day) $720/half day2 Total Task 9 $23,0003
TOTAL (OPTIONAL TASKS) $114,400

1. Inclusive of travel and Other Direct Costs. Assumes a maximum of 8 hours on the site per day. Additional time will result in overtime charges in accordance with State and Federal laws. Costs are per monitor provided.

2. Inclusive of travel and Other Direct Costs. Assumes a maximum of 4 hours on the site per day. Costs are per monitor provided. If monitor is required for fewer than 4 hours on the site in a given day, the client will be charged the “Half Day” rate.

3. For costing purposes 20 full monitoring days are assumed.

Thank you for the opportunity to submit this proposal. Please do not hesitate to contact me at (909) 307-0046 or [email protected] with questions or for clarification on any matter concerning our submittal.

Sincerely,
ECORP Consulting, Inc.

Jesus “Freddie” Olmos
Southern California Regional CEQA Group Manager/
Principal Environmental Planner
EXHIBIT "A-1", AMENDMENT 1, PROJECT CC21-123

ATTACHMENT B
Original Service Agreement with ECORP Consulting, I nc.

ATTACHMENT C
Approved Mitigated Negative Declaration

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Sophie L. Smith, Deputy City Manager

Subject:

Approval of a Second Amended and Restated Loan Agreement for the Victor Valley Economic Development Authority Property Acquisition Loan Recommendation:

That the Honorable City as Housing Assets Successor (CHAS) Board of Directors adopt Resolution No. CHAS 22-002.

Fiscal Impact:

There is no fiscal impact associated with this item. If ultimately approved by the state’s Department of Finance, the loan will be repaid through the Victor Valley Economic Development Authority (VVEDA) Recognized Obligations Payment Schedule (ROPS) process and funds will flow from VVEDA and ultimately pay CHAS.

Background:

In 1993, the Victor Valley Economic Development Authority (VVEDA) adopted the Victor Valley Redevelopment Plan (the “Redevelopment Plan”) which encompassed the former George Air Force Base as well as significant portions of land in each of the VVEDA member jurisdictions, (i.e., the City of Victorville, the City of Hesperia, the Town of Apple Valley, the City of Adelanto, and the County of San Bernardino (the “VVEDA Project Area”). Although not a redevelopment agency per se, VVEDA was granted certain redevelopment powers by State statute. With respect to the City of Victorville, and pursuant to a delegation of authority in the Fourth Amended Joint Exercise of Powers Agreement by and among the City of Victorville and the other VVEDA member jurisdictions (the “Joint Powers Agreement”), the Victorville Redevelopment Agency assumed responsibility for implementing redevelopment activities within the Victorville portion of the VVEDA Project Area and administered both the Housing and Non-housing Funds (as defined below) attributable to the Victorville portion of the VVEDA Project Area. 2 4
4 8
In 2011, the California legislature adopted Assembly Bill X 1-26 (the “Dissolution Bill”).

The Dissolution Bill had the effect of dissolving all redevelopment agencies in California that had been previously established in accordance with the California Redevelopment Law, Health and Safety Code section 33000 et seq. (the “CRL”). Prior to dissolution and among other things, redevelopment agencies were responsible for administering two forms of tax increment revenues: (1) a portion equal to 20% of the available tax increment, which was to be used for low and moderate income housing purposes (the “Housing Fund”); and (2) a non-housing portion representing 80% of the available tax increment (the “Non-housing fund”).

As a result of the Dissolution Bill, all the ongoing obligations of redevelopment agencies were transferred to successor agencies/entities governed by the respective legislative bodies of the entities that created them. With respect to certain low and moderate income housing issues and assets, the City of Victorville assumed the role of the Housing Assets Successor (CHAS) for both the VVEDA and the former Victorville Redevelopment Agency.

On October 3, 2006, the Victorville RDA on behalf of its portion of the VVEDA Project Area borrowed $3,750,000 to acquire property for redevelopment purposes in accordance with the Victor Valley Redevelopment Plan. The property is known as the Clauson Property and is located near the northwest corner of Amargosa Road and Eucalyptus Street. The Assessor’s Parcel Number is 3072-251-29. The property was purchased for use in the planned Eucalyptus Freeway interchange and remains undeveloped. Funds were borrowed from Victorville’s portion of the VVEDA low and moderate income housing fund which is now overseen by CHAS and now serves as the lender. The original promissory note was amended by an amended and restated promissory note, dated March 16, 2010, that extended the loan term. The property acquisition loan was included in the CHAS Housing Assets Transfer Form reviewed and approved by the California Department of Finance on August 23, 2014.

Discussion:

On January 10, 2022 VVEDA presented three existing loans that were used for legitimate redevelopment purposes to the San Bernardino Countywide Oversight Board (CWOB).

Included in these loans was the Property Acquisition Loan and based off Health and Safety Code (HSC) Section 34191.4(b) and HSC Section 34171(d) it permits “amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency to be considered an enforceable obligation.” This applies to the Property Acquisition Loan as the monies borrowed were for a lawful purpose.

The CWOB approved this item and found the loans to have been used for legitimate redevelopment purposes and that they be included in the repayment schedule. It is currently being reviewed by the Department of Finance as required by HSC Section 34179 (h).

It is now appropriate that the parties agree to amend and restate the Property Acquisition Loan which has an outstanding balance of $5,436,652.40 (as of December 31, 2021 with 2 4
4 8
required 3% simple interest) upon the terms and conditions as set forth in the Second Amended and Restated Loan Agreement for the VVEDA Property Acquisition Loan which is also attached to Resolution No. CHAS 22-002. This loan may be considered an enforceable obligation for the repayment from the available tax increment revenue. The item will also be presented to the VVEDA Board at its upcoming meeting.

Staff remains available for any questions or comments you may have.

Attachments: Resolution No. CHAS 22-002

ATTACHMENT A
RESOLUTION NO. CHAS 22-002

RESOLUTION NO. CHAS 22-002

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, AS HOUSING ASSETS SUCCESSOR OF THE
VICTORVILLE REDEVELOPMENT AGENCY (“CHAS”) AND THE

VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY
(“VVEDA”), APPROVING A SECOND AMENDED AND RESTATED LOAN

AGREEMENT FOR THE VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY PROPERTY ACQUISITION LOAN

WHEREAS, the Victor Valley Economic Development Authority (“ VVEDA”) is a joint powers authority which was formed to cause the reuse of former George Air Force Base (the “Air Base”) (now known as Southern California Logistics Airport); and

WHEREAS, VVEDA was formed and presently exists pursuant to a certain Fourth Amended Joint Exercise of Powers Agreement (the “Joint Powers Agreement”) by and among the City of Victorville, City of Adelanto, City of Hesperia, Town of Apple Valley and County of San Bernardino; and

WHEREAS, under Section 33492.40 of the California Health and Safety Code, VVEDA had the legal authority to exercise redevelopment powers in furtherance of the redevelopment of a project area approved by VVEDA and, in addition to exercising the powers of a redevelopment agency, had the authority to act as the legislative body and planning commission for all approvals and actions of the legislative bodies and planning commissions for the adoption and implementation of a redevelopment plan; and

WHEREAS, to promote the civilian reuse of the Air Base, VVEDA undertook many actions, including, but not limited to, pursuing the adoption of the 1993 Victor Valley Redevelopment Plan, as amended (the “Redevelopment Plan”) and establishing the project area subject to the Redevelopment Plan (the “Project Area”); and

WHEREAS, the Victorville Redevelopment Agency was duly created and activated pursuant to the provisions of the California Community Redevelopment Law, Health and Safety Code section 33000 et seq. (the “ CRL”) by a duly adopted Ordinance of the City of Victorville, California (the “City”); and

WHEREAS, pursuant to the Joint Powers Agreement, VVEDA delegated certain decision - making authority to the Victorville Redevelopment Agency with respect to the administration of the Redevelopment Plan in relation to that portion of the Project Area which was located within the City; and

WHEREAS, in accordance with the Redevelopment Plan and Sections 33334.2 and 33334.3 of the CRL, the Victorville Redevelopment Agency caused certain funds received from the Project Area to be set aside to be used for purposes of increasing, improving and maintaining the supply of low- and moderate-income housing within that portion of the Project Area which is located within the City (collectively, the “Low and Moderate Income Housing Fund”); and

WHEREAS, pursuant to Assembly Bill (AB) X1 26, passed in June 2011, as subsequently modified by the California Supreme Court's decision in California Redevelopment Association v.

Matosantos (2011) 53 Cal. 4th 23 and by various Legislative amendments (the “Dissolution Bill”), certain sections of the CRL were repealed, restricted, or revised and all redevelopment agencies were dissolved as of February 1, 2012; and

WHEREAS, the Dissolution Bill provided that the winding down of the affairs of the dissolved redevelopment agencies was to be undertaken by successor agencies, which retained all authority, rights, powers, duties, and obligations previously vested with the former redevelopment agencies, except for those provisions of the CRL that were repealed, restricted, or revised; and

WHEREAS, the Dissolution Bill provided that the legislative body that authorized the creation of the redevelopment agency would become the successor agency, unless a redevelopment agency specified otherwise; and

WHEREAS, on January 12, 2012, the VVEDA Commission adopted VVEDA Resolution No. 12-002 confirming that VVEDA would serve as the successor agency to VVEDA (the “VVEDA Successor Agency”); and

WHEREAS, on January 17, 2012, by adoption of Resolution No. R -12-002, the Board of Commissioners of the Victorville Redevelopment Agency confirmed that the City would serve as the successor agency to the Victorville Redevelopment Agency (the “VRA Successor Agency”) and the City Council of the City (“ City Council”) confirmed such designation by adopting Resolution No. 12-005; and

WHEREAS, the Dissolution Bill further permitted a city that authorized the creation of a redevelopment agency to elect to retain the housing assets and functions previously performed by said redevelopment agency; and

WHEREAS, on January 17, 2012, by adopting Resolution No. 12- 008, the City Council elected that the City would retain the housing assets and functions previously performed by the Victorville Redevelopment Agency, acting on behalf of VVEDA, with respect to the Redevelopment Plan and/or that portion of the Project Area which was located within the City, in accordance with CRL section 34176(a); and
WHEREAS, on January 17, 2012, the Ci ty Council also elected that the City would retain the housing assets and functions previously performed by the Victorville Redevelopment Agency with respect to the Bear Valley Road and Old Town/Midtown redevelopment project areas by adopting Resolution No. 12-007; and
WHEREAS, pursuant to CRL section 34176(a), by electing to retain the authority to perform housing functions previously performed by the Victorville Redevelopment Agency and the VVEDA (as delegated to the Victorville Redevelopment Agency), all rights, powers, duties, obligations, and housing assets (excluding amounts on deposit in the Low and Moderate Income Housing Fund and enforceable obligations retained by successor agencies) were required to be transferred to the City in its capacity as t he entity assuming the housing functions previously performed by the former redevelopment agencies; and
WHEREAS, pursuant to Resolution No. R -HF-16-001, it was confirmed and clarified that the City of Victorville, a Municipal Corporation, as Successor to H ousing Assets of the Victorville Redevelopment Agency (“ City Housing Assets Successor” or “ CHAS”) was the lawfully - designated housing successor entity authorized to retain the housing assets and perform the housing and housing -related functions previously performed by the former redevelopment agencies in accordance with CRL section 34176 and City Council Resolution Nos. 12-007 and 12-008; and

WHEREAS, the Redevelopment Agency on behalf of its portion of the VVEDA Project Area entered into a 2006 loan agreement to fund land acquisition for redevelopment efforts in an amount equal to $3,750, 000 (the “Property Acquisition Loan”); and

WHEREAS, the Property Acquisition Loan was entered into to allow for the purchase of certain property to be used for the planned Eucalyptus Interchange in the City; and WHEREAS, to appropriately fund repayment of the Property Acquisition Loan in accordance with the Dissolution Bill, it is now necessary to amend and restate the Property Acquisition Loan pursuant to the Seco nd Amended and Restated Loan Agreement for the Victor Valley Economic Development Authority , a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the “Second Amended Property Acquisition Loan”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, A

MUNICIPAL CORPORATION, AS HOUSING ASSETS SUCCESSOR OF THE

VICTORVILLE REDEVELOPMENT AGENCY AND THE VVEDA SUCCESSOR AGENCY, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals

That the Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated herein by this reference.

Section 2. Loan Agreement Approval

That the Amended Property Acquisition Loan Agreement attached hereto as Exhibit A is hereby approved and authorized for execution of any documents to facilitate the repayment of the loan by the VVEDA Successor Agency Executive Director.

Section 3. Effective Date
That this Resolution shall take effect upon its adoption.

Section 4. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City Council of the City of Victorville, a Municipal Corporation, as Housing Assets Successor of the Victorville Redevelopment Agency; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of the City of Victorville, as Housing Assets Successor of the Victorville Redevelopment Agency, in the minutes of the meeting at which this Resolution is passed and adopted.

EXHIBIT A

SECOND AMENDED PROPERTY ACQUISITION LOAN

SECOND AMENDED AND RESTATED LOAN AGREEMENT FOR THE VICTOR VALLEY

ECONOMIC DEVELOPMENT AUTHORITY PROPERTY ACQUISITION LOAN

This Amended and Restated Loan Agreement (“Agreement”) is made this day of , 2022, by and between the Victor Valley Economic Development Authority Successor Agency, a successor agency established pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (“Dissolution Law”) and representing the “non-housing” fund of the Victorville share of the former Victor Valley Economic Development Authority (“Bor rower”), and the Victorville Housing Successor Agency, a low and moderate income housing successor agency established pursuant to Dissolution Law and representing the low and moderate income housing asset fund of the Victorville share of the former Victor Valley Economic Development Authority (“Lender”).

WITNESSETH:

WHEREAS, on October 3, 2006, Borrower executed a loan agreement (“Original Agreement”) to borrow $3,750,000 from Lender to fund land acquisition for redevelopment efforts in accordance with Borrower’s Redevelopment Plan (“Property Acquisition Loan”); and

WHEREAS, on March 16, 2010, Borrower amended the Property Acquisition Loan with an Amended and Restated Promissory Note (“Revised Agreement”) to extend the original due date of October 3,2009 to October 3, 2012 with all other terms remaining; and

WHEREAS, the dissolution of California redevelopment agencies by Assembly Bill X1 26 prevented repayment of the Property Acquisition Loan according to the terms of the Original Agreement and Revised Agreement; and

WHEREAS, Dissolution Law details the process for reinstatement and repayment of loans borrowed by former redevelopment agencies.

NOW, THEREFORE, in consideration of the mutual promises and obligations of the parties contained herein, Borrower and Lender hereby covenant and agree as follows:

1. Lender agrees to amend, restate, and reinstate the Property Acquisition Loan, which has an outstanding principal amount of Three Million, Seven Hundred Fifty Thousand Dollars ($3,750,000), upon the terms and conditions set forth below, in accordance with Dissolution Law.

2. Interest on the remaining principal amount of the loan that was previously unpaid after the original effective date of the loan shall be recalculated from the date of origination of the loan as approved by Borrower on a quarterly basis, at a simple interest rate of 3 percent.

3. The recalculated loan shall be repaid to the Lender in accordance with a defined schedule over a reasonable term of years. Moneys repaid shall be applied first to the principal, and second to the interest.

7 Area pursuant to Health and Safety Code (“HSC”) Section 34183(a)(4) in the prior fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year.

5. Loan repayments shall be subject to annual approval by the San Bernardino Countywide Oversight Board and the California Department of Finance, as part of their review of Borrower’s Recognized Obligation Payment Schedule.

6. This Agreement amends and restates the Property Acquisition Loan in its entirety. No part of this Agreement shall be interpreted other than in accordance with Dissolution Law.

IN WITNESS WHEREOF, the undersigned parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers or representatives as of the date first above written.

BORROWER:

VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY SUCCESSOR AGENCY

By: Keith Metzler,
Its Executive Director

LENDER:

VICTORVILLE HOUSING SUCCESSOR AGENCY

By: Keith Metzler
Its Executive Director

Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Sophie L. Smith, Deputy City Manager

Subject:

Approval of an Amended and Restated Loan Agreement for the Victor Valley Economic Development Authority Supplemental Educational Revenue Augmentation Fund Loan Recommendation:

That the Honorable City as Housing Assets Successor (CHAS) Board of Directors adopt Resolution No. CHAS 22-001.

Fiscal Impact:

Background:

In 1993, VVEDA adopted the Victor Valley Redevelopment Plan (the “Redevelopment Plan”) which encompassed the former George Air Force Base as well as significant portions of land in each of the VVEDA member jurisdictions, (i.e., the City of Victorville, the City of Hesperia, the Town of Apple Valley, the City of Adelanto, and the County of San Bernardino (the “VVEDA Project Area”). Although not a redevelopment agency per se, VVEDA was granted certain redevelopment powers by State statute. With respect to the City of Victorville, and pursuant to a delegation of authority in the Fourth Amended Joint Exercise of Powers Agreement by and among the City of Victorville and the other VVEDA member jurisdictions (the “Joint Powers Agreement”), the Victorville Redevelopment Agency assumed responsibility for implementing redevelopment activities within the Victorville portion of the VVEDA Project Area and administered both the Housing and Non-housing Funds (as defined below) attributable to the Victorville portion of the VVEDA Project Area.

In 2011, the California legislature adopted Assembly Bill X 1-26 (the “Dissolution Bill”). 2 4
4 9
The Dissolution Bill had the effect of dissolving all redevelopment agencies in California that had been previously established in accordance with the California Redevelopment Law, Health and Safety Code section 33000 et seq. (the “CRL”). Prior to dissolution and among other things, redevelopment agencies were responsible for administering two forms of tax increment revenues: (1) a portion equal to 20% of the available tax increment, which was to be used for low and moderate income housing purposes (the “Housing Fund”); and (2) a non-housing portion representing 80% of the available tax increment (the “Non-housing fund”).

As a result of the Dissolution Bill, all the ongoing obligations of redevelopment agencies were transferred to successor agencies/entities governed by the respective legislative bodies of the entities that created them. With respect to certain low and moderate income housing issues and assets, the City of Victorville assumed the role of CHAS for both the Victorville portion of VVEDA Project Area and the former Victorville Redevelopment Agency.

Prior to the passage of the Dissolution Bill and in order to make a State-mandated Fiscal Year 2009-10 Supplemental Educational Revenue Augmentation Fund (SERAF) payment, the former Victorville Redevelopment Agency entered into a Promissory Note dated May 4, 2010 to memorialize a borrowing of $5,000,000 from the Victorville portion of VVEDA Project Area’s Housing Fund to pay part of Victorville’s portion of the VVEDA SERAF payment (the “SERAF Loan”), which loan, pursuant to the Promissory Note, was to be repaid by the Victorville Redevelopment Agency with Non-housing Victorville VVEDA Project Area Funds. The SERAF loan was included in the CHAS Housing Assets Transfer Form reviewed and approved by the California Department of Finance on August 23, 2014.

Discussion:

On January 10, 2022 VVEDA presented three existing loans that were used for legitimate redevelopment purposes to the San Bernardino Countywide Oversight Board (CWOB).

Included in these loans was the SERAF Loan and based off Health and Safety Code (HSC) Section 34191.4(b) and HSC Section 34171(d) it permits “amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency to be considered an enforceable obligation.” This applies to the SERAF loan as the monies borrowed were for a lawful purpose.

It is now appropriate that the parties agree to amend and restate the SERAF Loan which has an outstanding balance of $6,711,335.62 (as of December 31, 2021 with required 3% simple interest) upon the terms and conditions as set forth in the Amended and Restated Loan Agreement for the VVEDA SERAF Loan which is also attached to Resolution No.

CHAS 22-001. This loan may be considered an enforceable obligation for the repayment 2 4
4 9
from the available tax increment revenue. The item will also be presented to the VVEDA Board at its upcoming meeting.

Staff remains available for any questions or comments you might have.

Attachments: Resolution No. CHAS 22-001

ATTACHMENT A
RESOLUTION NO. CHAS 22-001

RESOLUTION NO. CHAS 22-001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, AS HOUSING ASSETS SUCCESSOR OF THE
VICTORVILLE REDEVELOPMENT AGENCY (“CHAS”) AND THE

VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY
(“VVEDA”), APPROVING AN AMENDED AND RESTATED LOAN

AGREEMENT FOR THE VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY SUPPLEMENTAL EDUCATIONAL REVENUE

AUGMENTATION FUND LOAN

WHEREAS, pursuant the Joint Powers Agreement, VVEDA delegated certain decision - making authority to the Victorville Redevelopment Agency with respect to the administration of the Redevelopment Plan in relation to that portion of the Project Area which was located within the City; and

WHEREAS, in accordance with the Redevelopment Plan and Sections 33334.2 and 33334.3 of the CRL, the Vi ctorville Redevelopment Agency caused certain funds received from the Project Area to be set aside to be used for purposes of increasing, improving and maintaining the supply of low and moderate income housing within that portion of the Project Area which is located within the City (collectively, the “Low and Moderate Income Housing Fund”); and

WHEREAS, pursuant to Assembly Bill (AB) X1 26, passed in June 2011, as subsequently modified by the California Supreme Court's decision in California Redevelopment Association v.

Matosantos (2011) 53 Cal. 4th 23 and by various Legislative amendments (the “ Dissolution Bill”), certain sections of the CRL were repealed, restricted, or revised and all redevelopment agencies were dissolved as of February 1, 2012; and

WHEREAS, the Dissolution Bill provided that the winding down of the affairs of the dissolved redevelopment agencies was to be undertaken by successor agencies, which retained all authority, rights, powers, duties, and obligations previously vested with the f ormer redevelopment agencies, except for those provisions of the CRL that were repealed, restricted, or revised; and

WHEREAS, on January 12, 2012, the VVEDA Commission adopted VVEDA Resolution No. 12-002 confirming that VVEDA would serve as the successor agency to VVEDA (the “VVEDA Successor Agency”); and

WHEREAS, on January 17, 2012, by adopting Resolution No. 12- 008, the City Council elected that the City would retain the housing assets and funct ions previously performed by the Victorville Redevelopment Agency, acting on behalf of VVEDA, with respect to the Redevelopment Plan and/or that portion of the Project Area which was located within the City, in accordance with CRL section 34176(a); and
WHEREAS, on January 17, 2012, the City Council also elected that the City would retain the housing assets and functions previously performed by the Victorville Redevelopment Agency with respect to the Bear Valley Road and Old Town/Midtown redevelopment projec t areas by adopting Resolution No. 12-007; and
WHEREAS, pursuant to CRL section 34176(a), by electing to retain the authority to perform housing functions previously performed by the Victorville Redevelopment Agency and the VVEDA (as delegated to the Victorville Redevelopment Agency), all rights, powers, duti es, obligations, and housing assets (excluding amounts on deposit in the Low and Moderate Income Housing Fund and enforceable obligations retained by successor agencies) were required to be transferred to the City in its capacity as the entity assuming the housing functions previously performed by the former redevelopment agencies; and
WHEREAS, pursuant to Resolution No. R -HF-16-001, it was confirmed and clarified that the City of Victorville, a Municipal Corporation, as Successor to Housing Assets of the V ictorville Redevelopment Agency (“ City Housing Assets Successor” or “ CHAS”) was the lawfully - designated housing successor entity authorized to retain the housing assets and perform the housing and housing- related functions previously performed by the forme r redevelopment agencies in accordance with CRL section 34176 and City Council Resolution Nos. 12-007 and 12-008; and

WHEREAS, prior to the passage of the Dissolution Bill, and as authorized by State Senate Bill 68 (2009-2010 Reg, Sess.), the Victorville Redevelopment Agency borrowed five million dollars ($5,000,000) from its Project Area Low and Moderate-Income Housing Fund to partially fund Victorville’s portion of the FY 09/10 Supplemental Educational Revenue Augmentation Fund SERAF) payment due (the “SERAF Loan”), which the Victorville Redevelopment Agency promised to repay with its Project Area Non-housing Funds as memorialized by a Promissory Note dated May 4, 2010; and

WHEREAS, although passage of the Dissolution Bill prevented the repayment of the SERAF Loan in accordance with the strict terms of the May 4, 2010 Promissory Note, as a result of the Dissolution Bill and the elections subsequently made thereunder by the VVEDA Commission in Resolution No. 12-002 and by the City Council in Resolution Nos . 12-007 and 12-008, the VVEDA Successor Agency became the borrower of the Victor Valley Project Area Low and Moderate Income Housing funds under said Promissory Note, and the City Housing Assets Successor the Lender to whom payments from the VVEDA Successor Agency’s Victor Valley Project Area “non -housing” fund are owed; and
WHEREAS, to appropriately fund repayment of the SERAF Loan in accordance with the Dissolution Bill, it is now necessary to amend and restate the SERAF Loan pursuant to the Amended and Restated Loan Agreement for the Victor Valley Economic Development Authority Supplemental Educational Revenue Augmentation Fund Loan, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the “Amended SERAF Loan Agreement”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, A

MUNICIPAL CORPORATION, AS HOUSING ASSETS SUCCESSOR OF THE

VICTORVILLE REDEVELOPMENT AGENCY AND THE VVEDA SUCCESSOR AGENCY, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals

That the Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated herein by this reference.

Section 2. Loan Agreement Approval

That the Amended SERAF Loan Agreement attached hereto as Exhibit A is hereby approved and authorized for execution of any documents to facilitate the repayment of the loan by the VVEDA Successor Agency Executive Director.

Section 3. Effective Date
That this Resolution shall take effect upon its adoption.

Section 4. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the C ity Council of the City of Victorville, a Municipal Corporation, as Housing Assets Successor of the Victorville Redevelopment Agency; and shall make a minute passage and adoption thereof in the records of the proceedings of the City Council of the City of Victorville, as Housing Assets Successor of the Victorville Redevelopment Agency, in the minutes of the meeting at which this Resolution is passed and adopted.

EXHIBIT A

AMENDED SERAF LOAN

AMENDED AND RESTATED LOAN AGREEMENT FOR THE VICTOR VALLEY ECONOMIC

DEVELOPMENT AUTHORITY SUPPLEMENTAL EDUCATIONAL REVENUE

AUGMENTATION FUND LOAN

This Amended and Restated Loan Agreement (“Agreement”) is made this day of , 2022, by and between the Victor Valley Economic Development Authority Successor Agency, a successor agency established pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (“Dissolution Law”) and representing the “non-housing” fund of the Victorville share of the former Victor Valley Economic Development Authority (“Borrower”), and the Victorville Housing Successor Agency, a low and moderate income housing successor agency established pursuant to Dissolution Law and representing the low and moderate income housing asset fund of the Victorville share of the former Victor Valley Economic Development Authority (“Lender”).

WITNESSETH:

WHEREAS, on May 4, 2010, Borrower executed a promissory note (“Promissory Note”) to borrow $5,000,000 from Lender to fund part of Victorville’s portion of the VVEDA Fiscal Year (“FY”) 2009 -10 Supplemental Educational Revenue Augmentation Fund (“SERAF”) payment (“SERAF Loan”); and

WHEREAS, the dissolution of California redevelopment agencies by Assembly Bill X1 26 prevented repayment of the SERAF Loan according to the terms of the Promissory Note; and

WHEREAS, Dissolution Law details the process for reinstatement and repayment of loans borrowed by former redevelopment agencies.

NOW, THEREFORE, in consideration of the mutual promises and obligations of the parties contained herein, Borrower and Lender hereby covenant and agree as follows:

1. Lender agrees to amend, restate, and reinstate the SERAF Loan, which has an outstanding principal amount of Five Million Dollars ($5,000,000), upon the terms and conditions set forth below, in accordance with Dissolution Law.

4. The annual loan repayments, together with other applicable annual loan repayments made by Borrower, shall be no more than one-half of the increase between the amount distributed to affected taxing entities in the Borrower’s former Redevelopment Project Area pursuant to Health and Safety Code (“HSC”) Section 34183(a)(4) in the prior fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year.

7 5. Loan repayments shall be subject to annual approval by the San Bernardino Countywide Oversight Board and the California Department of Finance, as part of their review of Borrower’s Recognized Obligation Payment Schedule.

6. This Agreement amends and restates the Promissory Note in its entirety. No part of this Agreement shall be interpreted other than in accordance with Dissolution Law.

BORROWER:

VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY SUCCESSOR AGENCY

By: Keith Metzler,
Its Executive Director

LENDER:

VICTORVILLE HOUSING SUCCESSOR AGENCY

By: Keith Metzler
Its Executive Director

Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Sophie L. Smith, Deputy City Manager

Subject:

Declaration of Exempt Surplus Land – Parks Division Properties Recommendation:

That the City Council: 1) adopt Resolution No. 22-016 declaring three properties owned by the City as “Exempt Surplus Land” pursuant to the Surplus Land Act; 2) authorize the transmittal of a certified copy of the Resolution to the Housing and Community Development (“HCD”) Department, as specified in Section 400(e) of the Surplus Land Act Guidelines; and 3) authorize staff to initiate negotiations for the disposition and sale of the properties with the Mojave Water Agency.

Fiscal Impact:

None at this time.

Background:

In 2006, the City purchased APN’s 3070-401-11, 3070-401-01 and 3070-401-02 for the purposes of future park use, the “Parks Division Properties”. The properties encompass approximately 38.92 acres of vacant land, are located outside of the City limits, and are no longer considered necessary for the development of a park.

Discussion:

The Mojave Water Agency (“Agency”) is a state water contractor, entitled to receive an annual allotment of up to 89,800 acre-feet of water from the State Water Project (SWP) via the California Aqueduct. The imported water supply is crucial to the High Desert area's survival because local aquifers have been in overdraft since the early 1950's, according to recent studies. In response, a court ruling ordered the Agency to seek sources of water, including supplemental water, and to deliver that water in the most effective fashion to ensure the quality of life within its boundaries. One cost effective way to accomplish this goal is through the construction and operation of regional groundwater recharge facilities. 2 4
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The Agency is currently in the process of constructing a regional groundwater recharge facility adjacent to the Parks Division Properties on a 4.07 acre site owned by the Agency (APN 3070-361-22). This property is adjacent to the California Aqueduct with an existing turnout feeding the Mojave River Pipeline, which runs through the property. The properties are within the Alto Subarea (a regional groundwater basin aquifer) of the Mojave Area Basin. Preliminary testing has measured percolation rates as high as 11 feet per day, and surface geophysical surveys have revealed favorable geology for both recharge and recovery of imported SWP water. Please see Attachment B depicting the Parks Division and Mojave Water Agency properties.

Although a new recharge basin is advantageous to all jurisdictions obtaining water from the Alto Basin, the proposed location is particularly beneficial for the Victorville Water District as it has 34 active downgradient groundwater wells that pump water from the Alto Basin. The location is also favorable as there has been little development within the area, and access to existing Mojave Water Agency infrastructure is near, which makes connectivity to the California Aqueduct accessible and efficient. Therefore, the Mojave Water Agency has expressed interest in acquiring the Parks Division Properties sites owned by the City to construct and operate a new recharge basin. Acquisition of the Parks Division properties will allow the Agency to increase the total basin area from 4.07-acres (Pond 1) to ±43-acres (Ponds 2-5) as depicted in the Overall Infiltration Pond Plan depicting the future recharge area, a total of 5 ponds.

As a result of the potential disposal of the Parks Division Properties, staff worked with legal counsel to determine the process required by the Surplus Land Act (“SLA”) as it has been substantially amended and continues to undergo changes. Under the SLA, “surplus land” means land or real property owned in fee simple for which a local agency’s governing body takes a formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use. In addition, the SLA requires that all land must now be declared either “surplus” or “exempt surplus” by a local agency, as supported by written finding in resolution, before a local agency may take action to dispose of it. Declarations of “surplus” or “exempt surplus” must be made by an adopted resolution that is provided to the Department of Housing and Community Development (“HCD”), to which HCD can raise an objection within thirty (30) days of receipt. Under the SLA Section 54221(f)(1)(D) surplus properties can be “exempt surplus” if the property is transferred to another local, state, or federal agency for the agency’s use. Properties that are deemed “surplus” must be offered to interested housing sponsors for the purposes of creating affordable housing (Section 54222 of Article 8. Surplus Land Act).

Staff has prepared the attached Resolution No. 22-016 declaring the Parks Division Properties as “exempt surplus” land as the potential sale to the Mojave Water Agency falls within Section 54221(f)(1)(D) of the SLA. The Parks Division Properties will not be disposed of until purchase and sale terms, including the sales price for the properties, has been negotiated and a final Purchase and Sale Agreement has been approved by the City Council and executed by the parties.
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Staff remains available for any questions or comments.

Attachments: A. Resolution No. 22-016
B. Map of Parks Division Properties

ATTACHMENT A
RESOLUTION NO. 22-016
1 RESOLUTION NO. 22-016
A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, DECLARING THE PARKS DIVISION
PROPERTIES AS “EXEMPT SURPLUS LAND” PURSUANT TO THE

SURPLUS LAND ACT
WHEREAS, the City of Victorville (“City”) is the owner of certain real property having Assessor’s Parcel Nos . 3070-401-11, 3070-401-01, and 3070- 401-02, as more specifically described in Exhibit “A”, attached hereto and made a part of hereof (“Parks Division Properties”); and
WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54233 (“Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, land must be declared either “surplus land” or “exempt surplus land”, as supported by written findings, before it may be disposed of; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations, and
WHEREAS, the Parks Division Properties, collectively are approximately 38.92 acres of vacant land, previously purchased for future park development; and WHEREAS, the City has determined the Parks Division Properties are no longer necessary or suitable for future park development, are outside of City limits, and are not being used by the City; and
WHEREAS, Section 54221(f)(1)(D) of the Act defines “exempt surplus land” to include surplus land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the Mojave Water Agency (“Agency”), is a State of California water contractor encompassing approximately 4,900 square miles of the High Desert in San Bernardino County, entitled to receive an annual allotment of up to 89,800 acre feet of water from the State Water Project via the
California Aqueduct, extending from the Sacramento Delta and running locally through the communities of Baldy Mesa and the City of Hesperia; and WHEREAS, the imported water supply is crucial to the area’s survival, and because local aquifers have been in overdraft since the early 1950’s and residents have been consuming more water than is replaced naturally, the Agency has been ordered to seek out sources of water, including supplemental water, and to deliver said water in the most effective and efficient way so as to ensure the quality of life within the boundaries of the Agency; and 2 WHEREAS, the Agency is in the process of constructing a regional groundwater recharge facility which will collect excess water runoff during heavy rains allowing water to infiltrate into the soil and replenishing the groundwater supply; and
WHEREAS, the regional groundwater recharge facility is being proposed on Agency- owned vacant land, more specifically APN 3070-361-22, allowing for 1 overall infiltration pond on approximately 4.07- acres, which has access to existing Agency infrastructure making connectivity to the California Aqueduct accessible and efficient; and WHEREAS, the Agency has identified the acquisition of the Parks Division Properties as a way to expand the regional groundwater recharge facility from one (1) to five (5) overall infiltration ponds (Exhibit “B”); and
WHEREAS, although the Parks Division Properties will not be disposed of until a purchase price has been negotiated and a final Purchase and Sale Agreement is approved by the City Council and executed by the parties, the Parks Division Properties must be declared “exempt surplus land” as it qualifies under the requirements in Section 54221(f)(1)(D) of the Act.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above, including any definitions set forth therein, are true and correct and are incorporated into and made a material part of this Resolution by this reference.

Section 2. Finding of Property as Exempt Surplus Land.

That based on the facts and information set forth in the above R ecitals, t he Parks Division Properties are Exempt Surplus Land.

Section 3. Transmission of Certified Resolution to HCD.

That the Economic Development Department is directed to transmit a certified copy of this Resolution to the HCD, as specified in Section 400(e) of the Guidelines immediately following the adoption hereof.

Section 4. Property Disposal Timing; Approval of a Purchase and Sale Agreement with Specific Terms Required.

That no disposal of the Parks Division Properties shall occur until a Purchase and Sale Agreement containing the agreed upon purchase price for the Parks Division Properties has been approved by the City of Victorville City Council, and executed by the parties, but in no event sooner than thirty (30) days after this Resolution has been transmitted to the HCD. 3 Section 5. Effective Da te.

That this Resolution shall take effect immediately upon its adoption.

Section 6. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City of Victorville City Council; and shall make a minute passage and adoption thereof in the records of the proceedings of the C ity in the minutes of the meeting at which this Resolution is passed and adopted. 4 EXHIBIT “A” TO RESOLUTION NO. 22-016

LEGAL DESCRIPTIONS
APNS: 3070-401-01 and 3070-401-02
Parcel 1 and 4 of Parcel Map 1817, in the County of San Bernardino, State of California, as per Map Recorded in Book 16 of Parcel Maps, Page 20, in the Office of the County Recorder of said County.

APN: 3070-401-11
That Portion of the northwest ¼ of the northwest ¼ of Section 1, Township 4 North, Range 6 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, according to the official plat thereof, lying Northerly of the Northerly Line of the Land conveyed to the State of California, by Deed Recorded August 27, 1968, in Book 7083, Page 800 Official Records.
5 EXHIBIT “B” TO RESOLUTION NO. 22-016

OVERALL INFILTRATION POND PLAN
POND 1BOTTOM EL = 3431.0WATER SURFACE EL = 3439.5WATER DEPTH = 8.5 FTTOP OF WALL EL = 3456.0VOLUME = 4.70 AF POND 2 - (FUTURE)BOTTOM EL = 3429.0WATER SURFACE EL = 3439.5WATER DEPTH = 10.5 FTVOLUME = 22.43 AF POND 3 - (FUTURE)BOTTOM EL = 3429.0WATER SURFACE EL = 3439.5WATER DEPTH = 10.5 FTVOLUME = 44.85 AF

DUNCAN ROAD
SUNNY VISTA RDCORDERO RDPOND 4 - (FUTURE)BOTTOM EL = 3427.0WATER SURFACE EL = 3439.5WATER DEPTH = 12.5 FTVOLUME = 61.08 AF POND 5 - (FUTURE)BOTTOM EL = 3427.0WATER SURFACE EL = 3439.5WATER DEPTH = 12.5 FTVOLUME = 25.09 AF

CALIFORNIA AQUEDUCT

SEQUOIA ROAD
3H:1V MAX 3H:1V MAX
3H:1V MAX
3H:1V MAX
DATEREVBY DESCRIPTIONDATECHECKEDDRAWNDESIGNED 7550D10JOB NO.DRAWING NO.SHEET NO.SCALES ACCORDINGLY

VERIFY SCALES
THIS SHEET, ADJUSTIF NOT ONE INCH ONBAR IS ONE INCH ONORIGINAL DRAWING0 1"OFMARCH 2020

MOJAVE WATER AGENCYMOJAVE RIVER TRAVELING SCREEN PROJECT

PRELIMINARY - (NOT FOR CONSTRUCTION)OVERALL INFILTRATION POND PLAN 200'100'0100'
C-02

LEGENDDIRT ROADGRAVEL ROADFUTURE DIRT ROAD
POND 14.70 AFVOLUMEPOND 222.43 AFPOND 344.85 AFPOND 461.08 AFPOND 525.09 AF0.54 ACBOTTOM AREA1.68 AC3.62 AC4.10 AC1.49 AC

ATTACHMENT B

MAP OF PARKS DIVISION PROPERTIES

Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Keith C. Metzler, City Manager

Subject:

Adoption of Resolution No. 22-017 Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act
Recommendation:

That the Honorable City Council Adopt Resolution No. 22-017 Opposing Initiative 21- 0042A1.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

In 2018, the Tax Fairness, Transparency and Accountability Act or AG# 17-0050 Amendment #1, was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through the successful work and advocacy of the League of California Cities (Cal Cities) and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act initiative (“Measure”) or AG# 21-0042A1. This Measure is a proposed State ballot initiative for the November 2022 statewide ballot. The Measure has not yet qualified for the State ballot and will have to complete several steps before doing so. It has been submitted to the State Attorney General for an official title and summary. A full analysis of the Measure has not yet been performed but based on a preliminary review and analysis, Cal Cities is requesting cities adopt a resolution opposing the Measure to demonstrate how harmful it would be to cities.

Discussion:

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative. The 2 4
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Measure limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.

Specifically, this measure would:

1. Limit voter authority and accountability
Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

2. Restrict local fee authority to provide local services Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property.

Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

3. Restrict authority of state and local governments to issue fines and penalties for violations of law
Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

4. Restrict local tax authority to provide local services Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service). City charters may not be amended to include a tax or fee. New taxes can be imposed only for a specific time period. Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
All state taxes require majority voter approval.
Prohibits any surcharge on property tax rate and allocation of property tax to state.

5. Other changes
No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.
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Cal Cities has asked that cities consider adopting a resolution opposing Initiative 21- 0042A1, the Taxpayer Protection and Government Accountability Act. Per the Cal Cities Board of Directors, “the deceptively named Taxpayer Protection and Government Accountability Act would significantly jeopardize cities’ ability to provide necessary services and critical infrastructure to residents. It would impose onerous and undemocratic restrictions on local governments and local voters that would reduce local revenues by billions every year, decimating vital services like fire and emergency response, infrastructure, libraries, parks, sanitation, economic development, and virtually all local services.” Staff recommends that the Honorable City Council adopt Resolution No. 22-017 Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.

Staff remains available for any questions or comments you might have.

Attachments: A. Resolution No. 22-017
B. Opposition Fact Sheet
C. CBRT Fiscal Analysis
D. League Legal Analysis
E. Initiative 21-0042A1

ATTACHMENT A

RESOLUTION NO. 22-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE TO OPPOSE INITIATIVE 21 -0042A1, THE TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT

WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and

WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and

WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and

WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and

WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and

WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Victorville:

1. That the City of Victorville opposes State Ballot Initiative 21-0042A1.

2. The City of Victorville will join the NO on Initiative 21-0042A1 coalition which is comprised of a growing number of cities, local government agencies, public safety, labor, infrastructure advocates, and other organizations throughout the state.

3. Staff is directed to forward a copy of this adopted resolution to Cal Cities at [email protected].

ATTACHMENT B

OPPOSITION FACT SHEET

Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

ATTACHMENT C

CBRT FISCAL ANALYSIS
CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in co
mpliance with the initiative.

Indeterminable legal and administrative burdens and costs on local government from new and more empo
wered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial dev
elopment.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and S ervices Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o
Voters may be less informed and more likely to vote against measures. 
Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after Nov
ember 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to r
equire that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cos t to tax
payers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Mos
t will be taxes without a specific end date. Because there is no regularly scheduled electi on with
in the 12 months following the effective date of the initiative, measures not in compliance woul
d need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
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 Requires voter approval to expand an existing tax to new terri tory (annexations). This would require additional tax measures and would deter annexations and land de velopment in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 20 23.

1.a. Number of Measures and Value of Local Taxes at Risk 1 In 2020, voters in California approved 293 local tax and bond m easures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 mil lion for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gub ernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiat ive 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require ad ditional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative woul d require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by

1 Source: Compilation and summary of data from County elections offices.

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voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts.2

1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a ne w "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government pro perty; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and g eneral nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking f ees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services , garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and

2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, th e number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts , summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison. – 4 – r e v J a n u a r y 7 , 2 0 2 2

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local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development.

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mc

ATTACHMENT D

LEAGUE LEGAL ANALYSIS

The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022

Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability

• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures.

• Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services

• Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”

• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.

• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Restricting Local Tax Authority to Provide Local Services

• Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes

• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

ATTACHMENT E

INITIATIVE 21-0042A1
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - 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. 21-0042 "The Taxpayer Protection and Government Accountability 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
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 .lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 Item Number: 26
City Council / Board of Directors
Written Communications
Meeting of: March 15, 2022
Submitted By:

Jenele Davidson, Deputy City Manager

Subject:

Amendment No. 3 to the Consultant/Professional Services Provider Agreement with N.B.S. Government Finance Group
Recommendation:

That the Honorable City Council approve Amendment No. 3 to the Consultant/Professional Services Provider Agreement with N.B.S. Government Finance Group, increasing compensation by $24,798.00 for the completion of the City-wide User Fee Study and Development Impact Fee Study.

Fiscal Impact:

Acting in accordance with the staff recommendation will increase compensation by $24,798.00, bringing the total compensation under the contract to an amount not to exceed $173,103.00. No additional appropriation is required. The additional amount will be funded from the following account in the General Fund:
Finance Department, Contract Services (1001500-52300).

Background:

On August 20, 2019, City Council approved a one-year Contract/Professional Services Provider Agreement with N.B.S. Government Finance Group (N.B.S.) to provide a City- Wide User Fee Study, City-Wide Cost Allocation Plan (CAP) and a Development Impact Fee (DIF) Study in an amount not to exceed $130,805. The following provides a summary of the scope of the project:

City-Wide User Fee Study
The City's previous city-wide fee study was completed in 2008. The updated study will analyze all City fees across departments and produce fee recommendations based upon the analysis. The result will be a comprehensive Master Fee Schedule document for staff and the public to reference in one location.
2 4
7 6
Development Impact Fee Study
The last comprehensive DIF study update was completed in 2006. At that time, the City Council adopted five (5) DIF categories: Roadways, Parks & Recreation Facilities, Public Buildings, Fire Safety and Police Safety. For the City to levy DIF fees, a comprehensive study must be done in accordance with AB 1600 with an annual reporting done 180 days after the last day of the fiscal year. The updated study will evaluate the current level of service for each DIF category and recommend updated DIF fees that would allow the City to continue providing the current level of service for future development.

Cost Allocation Plan
The City hired N.B.S. to produce a cost allocation plan in 2016; however, the original contract did not include services for the Fire Department. The plan has since been updated and completed to assess the distribution of general governmental support service costs to services and activities provided to the public.

The Agreement has been amended twice since the initial approval to extend the term and increase compensation for additional services.

On March 17, 2020, shortly after staff began working with N.B.S. on the studies mentioned above, the City declared a local state of emergency in response to the COVID-19 outbreak. As a result, the project came to a stand-still for more than a year as staff resources were shifted to address the COVID-19 pandemic at the local level.

In August 2021, as the needs of the pandemic lessened for a period of time, staff and N.B.S. resumed work on the project, but had to address the City's reorganization that occurred in June 2020. After project goals were reassessed, Amendment No. 2 was executed, adding $17,500 to cover the expenses associated updating the project with the City's reorganization for the City-Wide User Fee Study and CAP. Amendment No. 2 was signed by the City Manager in accordance with Section 2.28.060(e)(3)(B) of the Victorville Municipal Code, which grants the City Manager authority to execute a supplemental agreements up to the lesser of $50,000 or 15% of the original contract amount approved by the City Council.

Discussion:

Staff continues to work with N.B.S. to finalize the City-wide User Fee Study and DIF Study. Deliverables for both studies are in near final form, and staff are in the process of holding stakeholder meetings and developing final recommendations for City Council consideration. However, additional changes in scope and compensation are necessary to complete these segments of the project.

City-Wide User Fee Study
The City-Wide User Fee Study is in the final stages with N.B.S currently working on the first round of comprehensive updates following staff’s review of the initial draft submitted by N.B.S. in January 2022. The additional funds previously authorized under Amendment No. 2 were utilized to restart the project and rework the fee basis for some departments 2 4
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following the reorganization that occurred in June 2020. Additional services are needed to complete the recommended pricing analysis, final report, presentations, and attendance at meetings. Additionally, staff is seeking the inclusion of a Master Fee Schedule document preparation that will allow the public and staff to have a single, comprehensive fee list that can be more easily updated on an annual basis. The anticipated cost for these services totals $11,100.00.

DIF Study
The California State Legislature passed AB 602 in 2021, creating new requirements relative to impact fees. Changes went into effect on January 1, 2022 and include additional stipulations that will apply to studies adopted after July 1, 2022 which would require the study to be overhauled once again. To avoid delaying the project any further, staff is working diligently with N.B.S. to bring recommendations forward to the City Council prior to that date. Once the DIF report is adopted, the City will need to update the study every eight years.

The initial draft of the DIF Study report was issued to staff for review in November 2021 and has since gone through two additional rounds of comprehensive updates. The current draft has been circulated to stakeholders for review and comment prior to staff bringing recommendations forward for City Council consideration. Additional services are needed to finalize the report, respond to stakeholder questions/comments, make presentations, and attend meetings. The anticipated cost for these services totals $13,698.00.

Staff recommends that the City Council approve proposed Amendment No. 3 to the Contract/Professional Services Provider Agreement with N.B.S., increasing total compensation by $24,798 and bringing total compensation under the contract to an amount not to exceed $173,103.00 for completion of the City-wide User Fee Study and DIF Study components of the project.

Staff is available for questions.

Attachments: A. Amendment No. 3
Attachment A

Consultant/Professional Services Provider Agreement/NBS Government Finance Group/Project JM19- 092/Amendment 3

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Victorville City CouncilMarch 15, 2022

Victorville City Council
March 15, 2022