Agenda packet, regular meeting — Victorville City Council, February 7, 2023 (part 2 of 2)

2.28.100 Purchases of general services or supplies and equipment with an estimated cost in excess of fifty thousand dollars.
(a) Bidding requirement. The city manager shall solicit bids for supplies and equipment and general services with an estimated cost in excess of fifty thousand dollars per single transaction or term agreement by following the formal bid procedure prescribed in this section.
(1) Notice inviting bids. The notice inviting bids shall include a general description of the supplies and equipment or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids. (A) Published notice. The notice inviting bids shall be published at least one time, ten calendar days before the date of opening of the bids in a newspaper(s) of general circulation, printed and published locally. The city manager may also give such additional notice as he/she deems appropriate.
(B) Bidder's list. The city manager shall also solicit sealed bids from responsible prospective suppliers whose names are on the city's bidder's list.
(2) Bid opening procedure. Bidders shall submit sealed bids to the city manager or such department head as may be identified in the notice inviting bids, and shall identify them as bids on the envelope in accordance with the notice inviting bids. Invitations for bids shall require a bid opening at a desi gnated place, date and time when the city clerk, or his or her designee, shall publicly open. (3) Rejection of bids. In its discretion, the city council may reject any and all bids presented, and may re - advertise for bids in the event all bids are rejected.
(4) Reserved.
(5) No bid/no responsive bid. If no bid, or no responsive bid is received after inviting bids under this section, the city manager may proceed to procure the general services or purchase the supplies and equipment in the open market.
(6) Award of contract. The city council shall have the authority to award a contract for purchase of supplies and equipment or general services with a cost in excess of fifty thousand dollars. If responsive and responsible bids are received, the city council shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing. (b) Exceptions. The bidding procedures under this section may be dispensed with:
(1) In the event the city council determines the existence of an emergency as defined in subsection

2.28.050(6) and provided such procurement is made in accordance with the applicable provisions of subsection 2.28.060(f);
(2) Where it is determined by the city council that such procurement constitutes a sole source purchase.

The basis upon which this determination is made shall be prepared by the city manager in writing and presented to the city council for approval using the city's sole-source justification form; (3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and
(4) Where supplies and equipment or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110. (Ord. No. 2381 , § 2, 9-18-18)
Attachment C
Municipal Code §2.28.040

Created: 2022-03-30 15:03:38 [EST]
(Supp. No. 49)

Page 1 of 1 ends

2.28.040 Evaluation of best value bidder.
(a) For purposes of evaluating whether a bidder is the "best value bidder" pursuant to this chapter, the city council or the city manager, as applicable, shall take into consideration all of the following factors which are applicable to any bid:
(1) Price;
(2) The bidder's ability, capacity and skills to provide the goods and/or services in accordance with bid specifications;
(3) The bidder's ability to provide the goods and/or services promptly, or within the time specified, without delay or interference;
(4) The bidder's equipment, facilities, location and resource capacity to provide the goods and/or services; (5) The bidder's ability to provide future maintenance, repair, parts and service for the use of the goods purchased or facility constructed, if appropriate;
(6) The bidder's favorable record of performance under prior contracts with the city (if any) and other purchasers where such bidder has previously been awarded such contracts; (7) The bidder's favorable record of compliance with laws, regulations, guidelines and orders governing prior or existing contracts performed by the bidder, if applicable; (8) The bidder's experience, integrity, judgment, reputation and financial resources enabling it to perform the work according to the specifications and terms of the solicitation and the city's contractual requirements;
(9) The bidder's demonstration of the quality and performance of the supplies to be purchased or services to be provided;
(10) The number and scope of any conditions/limitations atta ched to the bidder's bid; and (11) Any other relevant factor(s) which demonstrate the value of the bid and furthers best interests of the city in procuring the supplies or services sought.
(b) The city council or city manager, as applicable, shall have absolute discretion in determining the applicability and relative weight of any or all of the factors set forth in this section and are not required to award a contract to the lowest monetary bidder.
(Ord. No. 2381 , § 2, 9-18-18)

Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: February 7, 2023
Submitted By:

Joe Slegers, Building Official

Subject:

Contract with Rite-Way Roofing Corporation - Transportation Center Re-Roof Project Recommendation:

That the City Council award a contract to Rite-Way Roof Corporation in the amount of $155,206.00 for the Transportation Center Re-Roof, Project CC23-063.

Fiscal Impact:

This project was approved and included in the Fiscal Year 22/23 Annual Budget and will be funded by Special Revenue Fund (Fund 470), Victorville Transportation Center Funds (4705403-55060-81016). The project funds initially came from the General Fund and moved over to the new Special Revenue Fund 470. An interfund short-term loan will be initiated at the upcoming mid-year budget process to pay back the General Fund over a five-year term. The revenue for this fund is generated from a lease agreement with Victor Valley Transit Authority. The budget for this project is $265,000.00. Acting in accordance with the staff recommendation will result in a fiscal impact of $155,206.00.

Strategic Plan Goal:

Background:

The Facilities Division has established a list of City facilities in need of roof repairs and has been making progress with restoration projects as funding permits. The roof at the Transportation Center, located at 16838 D St, was identified next priority due to the severity of leaks and potential damage to the interior finishes. In addition, on July 29, 2021, the Victor Valley Transit Authority entered into a lease agreement with the City converting the Transportation Center into a main hub for many bus routes. The City 2 9
4 2
remains responsible for roofing repairs under the lease agreement. Forecasted lease revenue over the next five years will be sufficient to pay off the interfund loan from the General Fund.

Discussion:

On November 18, 2022, a Notice Inviting Bids on a tile roofing system for the Transportation Center, Project CC23-063 was sent to fourteen contractors, posted on Ebidboard.com and the City’s website. A mandatory pre-bid meeting and job walk were held on December 7, 2022, and bids were due by December 20, 2022, at 2:30 p.m. The following five bids were received:

Contractor Location Bid
Rite-Way Roofing Corporation Fontana, CA $155,206.00
4 Seasons Roofing, Inc. Montebello, CA $157,250.00
McDonnell Roofing, Inc. Riverside, CA $157,266.00
Letner Roofing Company Orange, CA $158,600.00
Chapman Coast Roofing Company Fullerton, CA $169,636.00 After review and tabulation of the bid proposals, it was determined that Rite-Way Roofing Corporation is the lowest responsive and responsible bidder (Attachment B).

Staff recommends that the City Council award a contract to Rite-Way Roofing Corporation for the Transportation Center Re-Roof, Project, CC-23-063 in the amount of $155,206.00 (Attachment C). Staff is available for questions.

Attachments: A. Photos
B. Rite-Way Roofing Bid Form
C. Construction Agreement
Attachment A

Attachment B

Attachment C

1 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

RITE-WAY ROOF CORPORATION
FOR
TRANSPORATION CENTER RE-ROOF, PROJECT CC23-063

THIS CONSTRUCTION AGREEMENT (the “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 Rite -Way Roof Corporation, a California corporation hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Transportation Center Re-roofing, Project CC23-063 (the Project); and

WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Transportation Center Re-roofing; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, 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 herein.

Section 2. TERM OF AGREEMENT

This Agreement shall commence the date of issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Ninety (90) Calendar Days after Commencement Date (the “ Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.

Section 3. 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 work rendered or supplies actually furnished prior to the effective date of termination.

2 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

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 work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY

a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:

1. This Agreement.

2. Exhibits A & B.

3. Notice Inviting Bids for the Project.

4. Specifications for the Project.

5. Special Provisions.

6. Non-Collusion Declaration.

7. Guaranty.

b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection

4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS

Contractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION

The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Fifty -five Thousand Two Hundred Six and 00/100 Dollars ($155,206.00) , as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Eddie Gleason, Facilities Manager, or his designee, to wit:

See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL FORMS

The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.

3 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

Section 8. PREVAILING WAGES

a. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable) , 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 CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the
prevailing rate of per diem wages and federal wage decision rates 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 Contract. Contractor shall be responsible for using the 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 relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll 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 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.

NOTE: 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 9. WORKERS’ COMPENSATION INSURANCE

Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor 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. 4 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 10. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance, of not less than Two Million Dollars ($2,000,000) per occurrence, and Four Million Dollars ($4,000,000) in the aggregate, f or bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, 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(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE

Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract 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 work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also 5 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

Section 14. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

Section 15. 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, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

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

b. The certificates of insurance shall bear an endorsement whereby it is provided 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 non -payment, ten (10) days’ advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term 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 Contract, Contractor’s service coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.

Section 17. TIME OF THE ESSENCE

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

6 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

Section 18. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its 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, (herein "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 negligent performance of the work, operations or ac tivities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent 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 negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:

a. 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;

b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents 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') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;

c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; d. Contractor's duty to defend and indemnify 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;

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

7 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

Section 19. REPORTS

Upon request by Eddie Gleason, Facilities Manager , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 20. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Eddie Gleason, Facilities Manager 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 p rinciples. Eddie Gleason, Facilities Manager , 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 Contractor hereunder shall be retained by Contractor and made available to Eddie Gleason, Facilities Manager, 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 21. MODIFICATIONS AND AMENDMENTS

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

Section 22. ENTIRE AGREEMENT

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

b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party 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 and the Contract Documents.

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

Section 23. 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 interpreted 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.

8 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

Notwithstanding the foregoing, the Parties agree that Exhibits “A” and “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibits “A” and “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibits “A” and “B” shall be deemed to supersede any of the provisions of this Construction Agreement.

Section 24. 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 States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Eddie Gleason, Facilities Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Contractor: Jeff Hughes, President
Rite-Way Roof Corporation
15425 Arrow Route
Fontana, CA 92335

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 25. 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 due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Agreement and all related documents.

Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 27. CARE OF WORK

Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.
9 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

Section 28. 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 29. 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 30. GENDER; PLURAL

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 31. 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 32. 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 33. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exc lusive 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 34. 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.

Section 35. ATTORNEY'S FEES

Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation 10 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT

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

Section 37. 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.

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 38. 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)

11 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

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

THE CITY OF VICTORVILLE RITE-WAY ROOF CORPORATION

By:_______________________________ By:_________________________________ Debra Jones, Jeff Hughes,
Mayor 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:_____________________________

12 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

EXHIBIT A

SCOPE OF WORK

C ity agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The W ork shall be performed in accordance with: (i) the Scope of Work and applicable Addenda (as generally described in the Request for Bid, Project Number CC23-063, for the Project, 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 Contractor’s Bid Proposal (attached as Exhibit "B").

CC23-063 TRANSPORTATION CENTER RE-ROOF PROJECT
14 C

ITY OF VICTORVILLE
CC23-063 TRANSPORTATION CENTER RE-ROOF PROJECT

SECTION C

SCOPE OF WORK
The
City of Victorville is requesting bids for Re-roofing of the Transportation Center located at 16858 D Street, Victorville, CA 92395. The scope of work shall include but is not limited to the removal of approximately 6,700 square feet of existing tile roofing system and the replacement of a new tile system. Contractor is required to verify measurements. The Contractor shall comply with all OSHA requirements and safety guidelines associated with the work within this contract. The Contractor is also responsible to procure and post any required permits prior to the commencement of work. Five years of commercial roofing for government entities including but not limited to State, municipalities, and/or school districts is required.

The
following are the minimum requirements for this project. All bids shall include a fully delivered reroofing system installation, meeting the following minimum specifications and requirements. Any deviation or exception must be clearly noted, explained, and included with your submitted bid. This document describes repairing unforeseen deck damage. The contractor shall submit a price per square foot to repair such damage on the Bid Form. If repairs are necessary and approved by the City, a change order shall be submitted reflecting the price per square foot on the Bid Form.

The existing roof tile is now discontinued, therefore the City has specified Boral Barcelona Tile as the replacement. Monte Sereno Blend is the specified color. (See attached cut sheet) P
reparation
• R
emove tiles and discard damaged tiles. Palletize undamaged tiles in preparation for the City to take possession and store.
• Tear off all underlayment and flashings down to wood decking. • Clear wood decking free of all dirt and debris. Ensure the deck is clean and dry prior to installation of the underlayment.
• The Contractor and the City shall inspect the roof decking and determine if areas of repairs exist.
• If applicable and approved by the City, remove damage decking and replace with new.

Re-r
oofing
• I
nstall new flashing, including but not limited to valley metal, eave riser, rakes, and trim ridges per manufacturer’s specifications.
• Install a self-adhered SBS membrane per manufacturer’s specifications. The underlayment shall be a minimum 40 lb. to replace existing.
• Fasten underlayment with metal cap nails.
• Install cedar wood battens, nailed down to the wood deck per manufacturer's specifications. • Install new Boral Barcelona roofing tiles per manufacturer’s specifications.

EXHIBIT A
13/Construction Agreement/Rite-Way Roof Corporation/Project CC23-063 14 Construction Agreement/Rite-Way Roof Corporation/Project CC23-063

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment

EXHIBIT B
15/Construction Agreement/Rite-Way Roof Corporation/Project CC23-063 Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: February 7, 2023
Submitted By:

Joe Slegers, Building Official

Subject:

Consultant/Professional Services Provider Agreement with TR Design Group for the Green Tree Clubhouse Library Relocation, Phase A Revision and Phase B, Project CC22- 037-A
Recommendation:

That the Honorable City Council approve a Consultant/Professional Services Provider Agreement in the amount of $896,014.98 with TR Design Group, Inc. for the Green Tree Clubhouse Library Relocation, Phase A Revision and Phase B, Project CC22-037-A Fiscal Impact:

Acting in accordance with the staff recommendation will result in a fiscal impact of $896,014.98.

The Building Forward Library Infrastructure Program Grant, provided by the California State Library will only fund design fees related to the base building addition of the clubhouse specifically designated for library space. Therefore, the services provided by TR Design Group will be funded by both the Building Forward Grant Account 2706030- 52300-21379 and Measure P (Fund 105) Account 1056030-52300-80075. Below is a summary of the design fees that will be funded by the Building Forward Grant and Measure P.

Account Available Funds TR Design Proposal
2706030-52300-21379 $550,000.00 $512,375.00
1056030-52300-80075 $400,000.00 $383,639.98
Total $896,014.98
Strategic Plan Goal:

The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal E, Invest in Infrastructure, focuses on creating a healthy and livable community by maintaining the city’s assets 2 9
4 4
through investment in infrastructure and innovations. Specific to this project, Strategy 3 focuses on completing the Library Master Plan and developing implementation strategies to improve and enhance Library services in the community. Council adopted the Library Master Plan on April 20, 2021, and staff have been working to implement recommendations therein.

Background:

Through the Master Plan process, it was determined that the current library facility has inadequate space to serve the City’s current population. The current library facility has a footprint of 8,229 sq. ft. The City needs approximately 14,990 sq. ft. to serve the current population.

In May 2021, space became available at the Green Tree Golf Course Clubhouse (Clubhouse), prompting staff to investigate the potential for Library’s relocation. The Clubhouse location was consistent with certain Master Plan recommendations in that it is centrally located, has natural lighting desired for library facilities, and has an improved outdoor area for programming and use by library patrons. Due to its more recent construction date, the site also provides a higher level of code compliance including enhanced levels of ADA accessibility for visiting patrons. Because of these findings, staff elected to proceed and seek the services of an architectural design firm to redesign the Clubhouse into the City Library.

On March 15, 2022, Council unanimously awarded TR Design Group, Inc. a contract to conceptualize (Phase A) the Clubhouse as a space that will accommodate both library services and golf operations. Since then, TR Design has made numerous site visits to the existing library and new Green Tree location. They have taken 3D photographs, observed existing programs, and interviewed staff.

Utilizing the data from their research, TR Design created a first rendering of a conceptual design of the Library at Green Tree. The first rendering was circulated to key staff and stakeholders to review and provide input. Staff met to discuss their thoughts and findings, and those were forwarded to TR Design. This process continued for two more cycles before TR Design ultimately completed a final conceptual design of the Library at Green Tree utilizing the existing building footprint (Attachment A).

The next step in the design process would have been for TR Design to proceed with Phase B upon Council approval. Phase B included $383,639.98 to generate Architectural, Civil, Structural, Landscape, Mechanical, Plumbing, and Electrical construction drawings.

It also includes preparing bid-ready plans and documents to assist with advertising the bid for construction, obtaining permits, construction administration, post-construction services, and project management. Staff was prepared to request approval from the Council to continue the design into Phase B when we were informed of the Building Forward Grant award.
2 9
4 4
Discussion:

On November 4, 2022, staff was notified that the California State Library selected the Victorville City Library to receive $9,035,105.00 in Building Forward Grant funds. Council adopted Resolution No. 23-001, approving a budget amendment for Fiscal Year 2022/2023 to appropriate $9,035,105.00 in both revenue and expenditures related to the Building Forward Library Infrastructure Program Grant as awarded by the California State Library at the January 17, 2023, Council Meeting.

Grant funds will be used for Clubhouse renovations and the base building expansion related to library services, which include up to 5,000 sq. ft. of additional library space. This will allow the City to provide between 14,000 to 16,000 sq. ft. of library space to accommodate library services based on the City’s current population level as identified in the Master Plan.

Staff has obtained a proposal from TR Design Group for the design services to include up to a 5,000 square foot expansion (Attachment B). As mentioned above, Phase B of the original scope of services has not been completed and the cost associated with Phase B (Attachment C) will be included in the consultant/professional services provider agreement. The following is a summary of the cost of services.

Description Cost
Phase B of the original scope of services for existing footprint - Contract Documents
- Bidding Assistance
- Construction Administration
- Post Construction Services
- Permitting
- Project Management $383,639.98
Phase A of the new scope of service for expansion
- Conceptual Design
Phase B of the new scope of service for expansion
- Contract Documents
- Bidding Assistance
- Construction Administration
- Post Construction Services
- Permitting
- Project Management
- Furniture Specification $512,375.00
TOTAL COST $896,014.98
Staff requests the approval of the attached Consultant/Professional Services Provider Agreement in the amount of $896,014.98 with TR Design Group, Inc. for the Green Tree Clubhouse Library Relocation, Phase A Revision and Phase B, Project CC22-037-A (Attachment D). Staff is available for questions.
2 9
4 4
Attachments: A. Conceptual Design Without Expansion
B. TR Design Proposal Including Expansion
C. TR Design Original Bid Form Excluding Expansion
D. Service Agreement
Attachment A

77 SF
STAFF

RESTROOM
133 SF

LIBRARIAN
321 SF
STAFF

WORKSTATIONS
(4)

WORK ISLAND/STORAGE
BELOW
346 SF
WORK ROOM 243 SF
STAFF
LOUNGE
177 SF

STORAGE

LARGE ROW OF SHELVING

LARGE STORAGE

SYSTEM W LOCKS
264 SF
(E) MENS

RESTROOM
149 SF
Staff
Circulation
122 SF

IT ROOM
3,718 SF
MAIN

LIBRARY
412 SF
MAKER
SPACE
227 SF
MAKER`
SPACE
STUDIO
71 SF
FAMILY

RESTROOM
1,001 SF
GOLF
LOUNGE
187 SF

GOLF OFFICE
77 SF
VEST.
175 SF

CHILDREN'S

LIBRARIAN
749 SF
MULTI

PURPOSE
ROOM

VENDING
79 SF

ALL GENDER
TOILET

FACILITY
79 SF

ALL GENDER
TOILET

FACILITY
233 SF

MEETING
ROOM
131 SF

MEETING
ROOM
147 SF

PASSPORT
ROOM
82 SF

FRIENDS OF

THE LIBRARY
1,736 SF

CHILDRENS

LIBRARY

REFERENCE DESK
978 SF

GOLF SHOP
279 SF

FOOD/ BAR
UP
53 SF
STAFF

RESTROOM

EXISTING

MECHANICAL CHASE

TO ROOF
19 SF

JANITOR

CLOSET W/

MOP SINK

NEW AWNING

CD/ DVD YOUNG ADULT
4) NEW WINDOWS

TO MATCH EXISTING

DESK TOP

COMPUTER

STATIONS

RETRACTABLE
WALL

HALF DOOR

RETRACTABLE

WALL CLEAR

EXISTING WINDOW

SELF -CHECKOUT

PRINTER/COPIER

CHANGE MACHINE

NEW WINDOW

SIMILAR TO EXISTING

FIRE PLACE TO
REMAIN
693 SF
YOUNG
ADULT/
CD/DVD
SCALE 1/8" = 1'-0"

MAIN FLOOR PLAN

SET REVIEWED BY DATE
DATE

APPROVED BY

APPROVAL STAMP
c 2022 TR DESIGN GROUP, INC.

MADE IN THE USA
PROJECT:

JOB #:
14343 Civic Drive,
Victorville Green Tree
Libary
14144 Green Tree Blvd.

Victorville, CA 92395

CLIENT UPDATE -

MAIN FLOOR PLAN
3 Victorville, CA 92392
City of Victorville
21-067
NO
RTH
UPDATE 22-1114
UPDATE 22-1114
UPDATE 22-1114
125 SF

STORAGE
882 SF

STORAGE/

WORK ROOM
122 SF

STORAGE
158 SF
(E)

MECHANICAL
ROOM 5,288 SF

GOLF CART

STORAGE
343 SF

GENERAL

STORAGE
195 SF

CART WASH
276 SF
BAG

STORAGE

SET REVIEWED BY DATE

DATE APPROVED BY

APPROVAL STAMP
c 2022 TR DESIGN GROUP, INC.

MADE IN THE USA
PROJECT:

JOB #:
14343 Civic Drive,
Victorville Green Tree
Libary
14144 Green Tree Blvd.

Victorville, CA 92395

CLIENT UPDATE -

LOWER FLOOR
PLAN
4 Victorville, CA 92392
City of Victorville
21-067
NO
RTH SCALE 1/8" = 1'-0"

LOWER LEVEL FLOOR PLAN
UPDATE 22-1114
UPDATE 22-1114
UPDATE 22-1114
Attachment B

Additional Services Change Order #01

Page 1 of 4 ends

January 9, 2023 TRD 21-067.01

This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial

ARCHITECT: CLIENT:

PROJECT: RENOVATION AND EXPANSION OF THE EXISTING 1 3,780 S.F. BUILDING KNOWN AS THE GREEN TREE CLUBHOUSE LOCATED AT 14144 GREEN TREE BLVD., VICTORVILLE, CA

SCOPE: ADDITIONAL SERVICES TO ACCOMMODATE THE PROPO SED EXPANSION TO THE BUILDING BY 5,000 S.F. AT THE PREVIOUSLY PROPOSED RATE OF $ 89 / S.F. 4,300 S.F. PLANNED EXPANSION WITH 700 S.F. CONTI NGENCY SPACE

FINAL CONTRACT AMOUNT TO BE CALCULATED ON THE ORI GINAL CONTRACT AMOUNT PLUS THE GROSS S.F. OF EXPANSION X $ 89 / S.F. + FURNITURE SELECTION CONSULTING

DISCIPLINES INCLUDE:
 ARCHITECTURAL
 CIVIL ENGINEERING (FOR GRADING AND UTILITIES AROUND THE EXPANSION. WQMP FOR THE

IMPROVED AREAS ONLY)
 STRUCTURAL ENGINEERING (LIMITED TO ANALYSIS FOR TI AND ENGINEERING FOR THE EXPANSION)  MECHANICAL, PLUMBING AND ELECTRICAL ENGINEERING
 LANDSCAPE / IRRIGATION DRAWINGS FOR THE AREA AROUND THE EXPANSION ONLY  PROJECT MANAGEMENT

ENTITLEMENTS PROCESSING IS NOT INCLUDED AND SHALL BE HANDLED BY THE CITY INDEPENDENTLY

ADDITIONAL SERVICES FOR THE FURNITURE VENDOR DESIG N, SPECIFICATION AND COORDINATION

OF THE PROPOSED FURNITURE (NOTE THAT THIS DOES NOT INCLUDE PROCUREMENT) WHICH WERE NOT INCLUDED IN THE ORIGINAL PROPOSAL NOR THE PROPOSED “EXPANSION RATE” OF $ 89 / S.F.

TR Design Group, Inc.

Additional Services Change Order #01

Page 2 of 4 ends

January 9, 2023 TRD 21-067.01

This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial

SCOPE / INTENT AND EXTENT OF ARCHITECT'S ADDITIONAL SERVICES:

Part A - Phase 01 Conceptual Design
Same Scope as the Original Contract, but for the larger project.

Part B -
Phase 02 & 03
Schematic Design
Not Included nor required for this project.

Part B - Phase 04 Contract Documents
Same Scope as the Original Contract, but for the larger project.

Part B - Phase 05 Bidding Assistance
Same Scope as the Original Contract, but for the larger project.

Part B - Phase 06 Construction Administration
Same Scope as the Original Contract, but for the larger project.

Part B - Phase 07 Post Construction Services
Same Scope as the Original Contract, but for the larger project.

Part B - Phase 08 Permitting
Same Scope as the Original Contract, but for the larger project.

Part B - Phase 09 Project Management Services
Same Scope as the Original Contract, but for the larger project.

ADDITIONAL SERVICES TO THE EXPANSION REQUEST:

Part B - Phase 04 Furniture Selections
Furniture Selection services including:

Meet with and review furniture requirements with the City.

Determine City requirements / availability / needs.

Prepare and specify furniture for bidding.

Coordinate with Client.

Includes up to 15 hours during Construction to review and confirm furniture selections in the field in up to (3) site visits.

Additional Services Change Order #01

Page 3 of 4 ends

January 9, 2023 TRD 21-067.01

This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial COMPENSATION FOR ADDITIONAL SERVICES OF THE ARCHITECT:

Shall be FIXED FEE in the amount as follows:

Architectural & Consultant Services Phase Total
Part A - Phase 01 Conceptual Design 68,537.76 $

Part B - Schematic Design

Part B - Phase 04 Contract Documents

Part B - Phase 05 Bidding Assistance

Part B - Phase 06 Construction Administration 376,462.24

Part B - Phase 07 Post Construction Services

Part B - Phase 08 Permitting

Part B - Phase 09 Project Management Services

TOTAL FOR AS / EXPANSION / ORIGINAL SCOPE 445,000.00 $

ADDITIONAL SERVICES TO THE EXPANSION REQUEST:

Part B - Phase 04 Furniture Selections 56,250.00 $
Architecture TR Design Group
Furniture Selections GMBI - Furniture selection, coo rdination and specification. Note: This does not include procurement.

Other: Not included.

TOTAL WITH FURNITURE SELECTIONS 445,000.00 $

Services on a Time and Materials basis will periodically be billed at the hourly rate schedule within.

Additional Services Change Order #01

Page 4 of 4 ends

January 9, 2023 TRD 21-067.01

This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial BASIS OF COMPENSATION:

FOR BASIC SERVICES, as described above, Basic Compensation shall be computed as follows:

FIXED FEE IN THE AMOUNT OF:

FOR PHASES 01 – 09 WITH SCOPE IN THEM AS NOTED ABO VE:

Four Hundred Forty Five Thousand Dollars and No Ce nts, $445,000.00, plus reimbursable expenses.

FOR PHASE 04 – FURNITURE SELECTION SERVICES ONLY:

Fifty Six Thousand Two Hundred Fifty Dollars and N o Cents, $56,250.00, including the reimbursable expenses budg et.

FOR THE PHASES WITH SCOPE IN THEM NOTED ABOVE INCLUDING THE REIMBURSABLES BUDGET:

Five Hundred Twelve Thousand Three Hundred Seventy Five Dollars and No Cents, $512,375.00, including the reimbursable expenses budg et.

$ 56,250.00 plus Reimbursables due during PART B - Furniture Selections $ 501,250.00 TOTAL including Project Management Services plus Reimbursables

$ 11,125.00 Reimbursables Budget
$ 512,375.00 TOTAL with Reimbursables Budget

COMPENSATION FOR FURTHER ADDITIONAL SERVICES beyond those listed in the basic services will be b illed on an hourly basis as described in The Terms and Conditions.

COMPENSATION FOR SERVICES OF THE ARCHITECTS CONSULTANTS: All Consultants (if engaged as part of the Scope) including, but not limited to, civil, landscape, st ructural, mechanical, plumbing and electrical engin eering shall be a multiple of one and twenty-five one-hundredths (1.25) times the amounts billed to the Architect for such services.

REIMBURSABLE EXPENSES:

FOR REIMBURSABLE EXPENSES, a multiple of one and fi fteen one hundredths (1.15) times the expenses incu rred by the Architect, the Architect's employees and consultants in the interest of the project. Reimbursable will periodically be billed.

Reimbursables Budget As Required (usually less than 2.5% of contract amount) 11,125.00 $

Attachment C

TR DESIGN GROUP, INC.
951-742-7179
951-742-7178
[email protected]

THOMAS RIGGLE

PRESIDENT
10/22/21

THOMAS RIGGLE

FOR THE CONCEPTUAL DESIGN WHETHER OR NOT IT INCLUDES AN

EXPANSION TO THE BUILDING

AN EXPANSION TO THE BUILDING
FOR THE PROJECT BASED ON 1ST FLOOR MODIFICATIONS, NO

STRUCTURAL UPGRADES AND NO EXPANSION BEYOND SOMETHING
SIMILAR TO OUR CONCEPT PRESENTED.

FOR AND EXPANSION OF UP TO 1,000 S.F. AND NO STRUCTURAL UPGRADES TO THE EXISTING BUILDING.

An Additional
89,250
82,262.50
383,639.98
465,902.48
TOTAL PHASES A + B
(INCLUDES OPTIONAL PROJECT MANAGEMENT SERVICES)
1/7/22

REVISED
Attachment D

1 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
TR DESIGN GROUP, INC.

FOR

GREEN TREE CLUBHOUSE LIBRARY RELOCATION, PHASE A
REVISION AND PHASE B, PROJECT CC22-037-A

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 TR Design Group, 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:

WHEREAS, the City had a Consultant/Professional Services Agreement (hereinafter referred to as “Original Agreement”) with the Consultant to provide Design Engineering Services for the Green Tree Clubhouse Library Relocation, Phase A, as described under Request fo r Proposal (RFP), issued under Project CC22-037.

WHEREAS, Consultant provided a response to said Project RFP and fol lowing an evaluation process was selected by the City to provide said services consisting of a conceptual re-design of the existing Green Tree Golf Course clubhouse to accommodate a City -operated library. Phase B, full plan package was not included in the Original Agreement; and

WHEREAS, on or about November 4, 2022, the City received additional funding through a state grant which afforded the City to revise the design to incorporate up to 5,000 square feet of expansion and initiate Phase B, to initiate completion of the full plan package which includes the remainder of the architectural pages, mechanical, electrical, plumbing, structural (if necessary), and any other plans required to show compliance with local and state codes and obtain approval for permit issuance; and

WHEREAS, Consultant represents that it is 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

WHEREAS, 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, Green Tree Clubhouse Library Relocation, Phase A Revision and Phase B; and

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 HERETO AGREE AS FOLLOWS:

2 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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

Consultant 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 City shall pay to Consultant a sum not to exceed Eight Hundred Ninety- six Thousand Fourteen and 98/100 Dollars ($ 896,014.98) for satisfactory performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reim bursements, 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 Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL

The City shall pay Consultant as provided in the Cost Proposal, 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 include, 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. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an Initial Term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring June 30, 2026 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement 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 Consultant 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 3 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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) Nothing in this Agreement 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 assi stants one year 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 Consultant 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.

4 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

(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 Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth 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.

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

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 similar professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which i s reasonably satisfactory to Eddie Gleason, Facilities Manager, 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.

5 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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 Eddie Gleason, Facilities Manager, 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.

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. C OMMERCIAL 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 G eneral 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), W orkers' 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. 6 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

Section 17. PROFESSIONAL LIABILITY INSURANCE

a. 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.

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.” 7 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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.

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 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”) , 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 the 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, the City Indemnitees shall be limited to the extent that any Claims to the extent caused by the negligence, recklessness, or willful misconduct of the Consultant, its officers, employees or subconsultants in the performance of the services described in this Agreement. Consultant does not have a duty to defend City.

(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. 8 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

c. The City does not and shall not waive any rights that 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, 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 Eddie Gleason, Facilities Manager, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, 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 Eddie Gleason, Facilities Manager, 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. Eddie Gleason, Facilities Manager, 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 t o Consultant hereunder shall be retained by Consultant and made available to Eddie Gleason, Facilities Manager, 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 Eddie Gleason, Facilities Manager , or his designee, or as required by applicable law.

9 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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 Eddie Gleason, Facilities Manager, or his designee, or as required by applicable law.

d. All original 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 by Eddie Gleason, Facilities Manager, 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.

Section 28. PRINCIPAL REPRESENTATIVES

a. Thomas Riggle, 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. Eddie Gleason, Facilities Manager, 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 Green Tree Clubhouse Library Relocation, Phase A Revision and Phase B, but which the Parties did not 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 supersedes any and all prior or contemporaneous Agreement s, 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 respect 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.

10 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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

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

Section 32. NOTICES

To the City: Eddie Gleason, Facilities Manager
Building Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Thomas Riggle, President
TR Design Group, Inc.
2900 Adams St., Ste A400
Riverside, CA 92504

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.

11 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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.

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

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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.

12 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

Section 41. SEVERABILITY

Section 42. GOVERNING 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 default 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.

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

13 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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

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)

14 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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

THE CITY OF VICTORVILLE TR DESIGN GROUP, INC.

By:______________________________ By:_____________________________ Debra Jones, Thomas Riggle,
Mayor 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:__________________________

15 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

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 CC22-037, and any applicable addenda, 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); and (ii) the prices set forth in Consultant’s, Phase A Proposal (attached as Exhibit "B).

16 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

SCOPE OF SERVICES

Phase A : Conceptual re- design of the existing Green Tree Golf Course clubhouse to accommodate a City-operated library, while still also accommodating the existing pro shop and an associated bar and snack area. This initial phase will include only a floor plan concept that demonstrates how it will incorporate all current functions of the Victorville Library as well as the existing golf operation. The design should keep the following goals in mind:

1. Adequate space should be provided for all uses and programs currently accommodated at the City’s library including, but not limited to, administrative space for staff, comparable space for the Friends of the Library, processing of passports, book stack areas, computer stations, areas to conduct children’s literacy programs, etc.

2. Where possible, the design should also consider the City’s Library Master Plan and incorporate any suggested features that can be incorporated within existing spaces and up to 5,000 sq ft of expansion. Examples of this would be intelligent lockers for after -hours pickup of materials, study/meeting rooms, and the possible use of the existing outdoor patio and other outdoor areas for programs or other passive uses.

3. The pro shop area will be reconfigured to incorporate a bar with a limited food menu of mainly pre-packaged foods. Currently these two areas are segregated at the south end of the building and the new configuration should provide a more open concept where there is good flow between the pro shop and bar area.

4. Every effort should be made to accommodate the above -mentioned uses within the existing envelope of the clubhouse and up to 5,000 sq ft of expansion.

5. Structural modifications to the building should be avoided in the design where possible unless necessary to accommodate the desired layout.

Once provided, the conceptual floor plan will be subject to review by City staff, such as members of the Library and Building Department staff, and other stakeholders such as the pro shop operators who manage the existing golf operation. Feedback regarding functionality and code compliance will then be provided in a cooperative setting and revisions based on this feedback should be anticipated. Once all parties involved agree on the layout, we will move into Phase B.

Phase B: This phase will include completion of full plan package. Based on the agreed upon layout, the selected designer will then proceed with all plans necessary to secure permits and put the project out to bid. This will include the remainder of the architectural pages, mechanical, electrical, plumbing, structural (if necessary), and any other plans required to show compliance with local and state codes and obtain approval for permit issuance.

17 Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

EXHIBIT B

COST PROPOSAL

See Attachment

Additional Services Change Order #01

Page 1 of 4 ends

January 9, 2023 TRD 21-067.01

This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial

A
RCHITECT: CLIENT:

PROJECT: RENOVATION AND EXPANSION OF THE EXISTING 13,780 S.F. BUILDING KNOWN AS THE GREEN TREE CLUBHOUSE LOCATED AT 14144 GREEN TREE BLVD., VICTORVILLE, CA

SCOPE: ADDITIONAL SERVICES TO ACCOMMODATE THE PROPOSED EXPANSION TO THE BUILDING BY 5,000 S.F. AT THE PREVIOUSLY PROPOSED RATE OF $ 89 / S.F. 4,300 S.F. PLANNED EXPANSION WITH 700 S.F. CONTINGENCY SPACE

FINAL CONTRACT AMOUNT TO BE CALCULATED ON THE ORIGINAL CONTRACT AMOUNT PLUS THE GROSS S.F. OF EXPANSION X $ 89 / S.F. + FURNITURE SELECTION CONSULTING

DISCIPLINES INCLUDE:
 ARCHITECTURAL
 CIVIL ENGINEERING (FOR GRADING AND UTILITIES AROUND THE EXPANSION. WQMP FOR THE

ENTITLEMENTS PROCESSING IS NOT INCLUDED AND SHALL BE HANDLED BY THE CITY INDEPENDENTLY

ADDITIONAL SERVICES FOR THE FURNITURE VENDOR DESIGN, SPECIFICATION AND COORDINATION

OF THE PROPOSED FURNITURE (NOTE THAT THIS DOES NOT INCLUDE PROCUREMENT) WHICH WERE NOT INCLUDED IN THE ORIGINAL PROPOSAL NOR THE PROPOSED “EXPANSION RATE” OF $ 89 / S.F.

TR Design Group, Inc.

Thomas Riggle, Architect, License #: C24877
2900 Adams Street, Studio A-400
Riverside, CA 92504
951 – 742 – 7179
City of Victorville
Eddie Gleason, Facilities Manager
14343 Civic
Drive, Victorville, CA 92392
760 – 955 – 5256
EXHIBIT B, COST PROPOSAL, PROJECT CC22-037-A
18/Consultant/Professional Services Provider Agreement/TR Design Group, Inc./Project CC22-037-A

Additional Services Change Order #01

Page 2 of 4 ends

January 9, 2023 TRD 21-067.01

This page is part of the Agreement for the Provision of Limited Professional Services _______ Initial

SC
OPE / INTENT AND EXTENT OF ARCHITECT'S ADDITIONAL SERVICES: