City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, April 4, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Diondre McBride of Sunrise Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
Proclamation Recognizing April as Fair Housing Month
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
CONSENT CALENDAR
1. Commercial Demand Schedule No. 18
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
18 in
the
amount
of
$8,310,278.48,
covering
Electronic
Fund
Transfers
No.
333902
through
334059
and
Warrant
No.
789436
through
789689
for
03/03/2023
through
03/16/2023,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period covering July 1, 2022 through June 30, 2023.
2. Full Labor & Materials Security Release for EROW20-00047 and BLDC19-00022
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Labor
&
Materials
security for EROW20-00047 and BLDC19-00022.
3. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
8B
for
Payroll
Period
February
03,
2023,
through
February
17,
2023,
in
the
amount
of
$1,861,455.11
covering
Check
Nos.
33273
through
33305,
including
Vendor
checks.
Please
note
employee
Check
No.
33288
&
33291
have
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
297566
through
298041,
per
adopted
budget
for
Fiscal
Year
2022-2023
(period
covering
July
1,
2022,
through
June
30,
2023).
4. Reduction of Securities for Tract Map No. 15598
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80-percent
release
of
the
Faithful
Performance
Water,
Sewer,
Drainage, and LMAD securities;
(2) Accept the water, sewer, drainage, and LMAD public improvements; and (3) Approve a 60-percent release of the Faithful Performance Streets securities.
5. Second Reading of Ordinance No. 2435
Recommendation:
That
the
City
Council
adopt,
by
second
reading,
Ordinance
No.
2435
adopting
an
amendment
to
the
Old
Town
Specific
Plan
(OTSP)
with
an
environmental
finding
of
previously
assessed
to
allow
for
modified
land
use
allowances
and
development
standards
within
the
OTSP
located
generally
on
property
bounded
roughly
by
the
Mojave
River
and
Stoddard
Wells
Road
to
the
Northeast,
Eleventh
Avenue
to
the
East,
Mojave
Drive
and
Verde
Street
to
the
South
and
Interstate
I-15
to
the
Northwest.
WRITTEN COMMUNICATIONS
6. Approval of Final Tract Map No. 20560
Recommendation:
That the Honorable City Council:
(1) Approve Final Tract Map No. 20560;
(2)
Approve
the
Subdivision
Improvement
Agreement
between
the
subdividers,
Bear
Valley
Development
Company,
LLC
and
Bear
Valley
Road
and
2nd
Avenue,
LLC, and the City; and
(3)
Accept
bonds
and
cash
as
security
for
the
public
improvements
from
the
subdividers.
7. Air Traffic Control Equipment Upgrade Project #CC23-041
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1)
Ratify
the
acceptance
of
Grant
Agreement
#3-06-0359-031-2022
between
the
United
States
of
America
acting
through
the
Federal
Aviation
Administration
and
the
Southern
California
Logistics
Airport
Authority
in
the
amount
of
$300,000
in
support
of the Air Traffic Control Tower Equipment Upgrade Project #CC23-041; and (2)
Adopt
Resolution
No.
SCLAA
23-004
increasing
budgeted
grant
revenues
by
$300,000, and increasing budgeted grant expenditures by $300,000; and (3)
Approve
the
purchase
of
equipment
in
support
of
Air
Traffic
Control
Equipment
Upgrade Project #CC23-041 in the amount not to exceed $300,000.
8. Purchase
and
Sale
Agreement
by
and
between
the
City
of
Victorville
(“City”)
and
the Southern California Logistics Airport Authority (SCLAA)
Recommendation:
That
Your
Honorable
City
Council
and
Southern
California
Logistics
Airport
Authority
Board of Directors approve:
(1)
Resolution
No.
SCLA
23-005
declaring
the
eight
lots
located
along
Civic
Drive
as
“Exempt
Surplus
Land”
pursuant
to
the
Surplus
Land
Act,
Government
Code
Section
54221(f)(1)(D)
and
authorizing
the
disposition
of
such
real
property
to
the
City,
(ii)
authorizing
the
transmittal
of
a
certified
copy
of
the
Resolution
to
the
Housing
and
Community
Development
“HCD”
Department,
as
specified
in
Section
400(e)
of
the
Surplus
Land
Act
Guidelines,
and
(iii)
authorizing
the
Executive
Director
to
execute
transactional
documents
to
effectuate
the
purchase
and
transfer
of the property;
(2)
Resolution
No.
23-021
approving
the
purchase
of
eight
lots
located
along
Civic
Drive
and
authorizing
the
City
Manager
to
execute
transactional
documents
to
effectuate the purchase and transfer of the property; and (3)
Resolution
No.
SCLAA
23-006
amending
the
SCLAA
annual
budget
for
fiscal
year 2022/2023 to recognize the sale proceeds.
9. Acquisition and Installation of Automatic License Plate Reader Cameras
Recommendation:
That Your Honorable City Council:
(1)
Approve
the
purchase
of
16 fixed
license
plate
reader
cameras
in
the
amount
of
$177,868.60 from Vigilant Solutions, LLC;
(2)
Approve
the
Enterprise
Services
Agreement
(ESA)
for
the
Automatic
License
Plate Reader (ALPR) program services for one year;
(3)
Approve
a
Construction
Agreement
in
an
amount
not
to
exceed
$23,920.00
with
Yunex, LLC for the installation of said 16 cameras; and (4)
Authorize
the
City
Manager
to
execute
said
ESA
and
Construction
Agreement
and any transactional related documents to effectuate this transaction.
10. Initiative
No.
21-0042A1
–
The
Taxpayer
Protection
and
Government
Accountability
Act
Recommendation:
That Your Honorable City Council:
(1)
Adopt
Resolution
No.
23-022,
opposing
Initiative
No.
21-0042A1,
the
Taxpayer
Protection and Government Accountability Act;
(2)
Authorize
the
execution
of
the
letter
to
the
League
of
California
Cities
formally
opposing the Initiative by the City Manager; and
(3)
Authorize
copies
of
the
executed
Resolution
No.
23-022
and
opposition
letter
to
the League of California Cities.
11. Observance Calendar Proposal
Recommendation:
Any action is at the discretion of the City Council
12. Termination of Local State of Emergency relative to the COVID-19 pandemic
Recommendation:
That
Your
Honorable
City
Council
adopt
Resolution
No.
23-024
Terminating
the
State
of
Emergency
previously
declared
on
March
17,
2020,
relative
to
the
COVID-
19 pandemic; and rescinding Resolution No. 20-011.
13. Consideration
of
proposed
City
Council
Resolution
No.
23-025
adopting
revisions
to the City of Victorville City Council Policy and Procedures Manual
Recommendation:
That the Honorable City Council:
(1)
Review
and
Consider
the
Proposed
Revised
City
Council
Policy
and
Procedures Manual; and
(2) Adopt Resolution No. 23-025.
14. City Manager Reports
15. Discussion and Possible Action Regarding Upcoming Agenda Items
16. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Consent Calendar
Meeting of: April 4, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 18
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 in the amount of $8,310,278.48, covering Electronic Fund Transfers No. 333902 through 334059 and Warrant No. 789436 through 789689 for 03/03/2023 through 03/16/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $8,310,278.48 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 18 Check Register Summary 1 3
3 3
5 ATTACHMENT A:
Commercial Demand Schedule No. 18 Check Register Summary
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
333902 03/08/2023 EFT 010537 ACCO ENGINEERED SYSTEMS, 4,245.00 333903 03/08/2023 EFT 000004 A DOOR COMPANY 1,675.00
333904 03/08/2023 EFT 014856 AGRI-CON HYDRAULICS 359.80 333905 03/08/2023 EFT 014085 ANGELES CONTRACTOR, INC 1,700,760.35 333906 03/08/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 1,009.99 333907 03/08/2023 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 333908 03/08/2023 EFT 007650 BAKER & TAYLOR, INC. 427.39 333910 03/08/2023 EFT 000297 BECK OIL, INC. 5,446.28
333911 03/08/2023 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,617.50 333912 03/08/2023 EFT 009761 CALIFITNESS, INC. 455.00
333913 03/08/2023 EFT 014820 CAL-STATE AUTO PARTS 889.64 333914 03/08/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 1,077.25 333915 03/08/2023 EFT 007554 DAVIS, JOSHUA 60.00
333916 03/08/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 386.85 333917 03/08/2023 EFT 005295 DOKKEN ENGINEERING 810.00
333918 03/08/2023 EFT 019731 EL DORADO BROADCASTERS LL 1,999.80 333919 03/08/2023 EFT 000875 ENDURA STEEL, INC. 335.89
333920 03/08/2023 EFT 015760 FASTENAL COMPANY 615.29
333921 03/08/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 257.95 333922 03/08/2023 EFT 017560 FERGUSON WATERWORKS 717.75 333923 03/08/2023 EFT 011206 FLYERS ENERGY LLC 744.60
333924 03/08/2023 EFT 016134 FRONTIER COMMUNICATIONS C 248.61 333925 03/08/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,925.41 333926 03/08/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 92.02 333927 03/08/2023 EFT 016385 GRAFXOLUTION INC 171.83
333928 03/08/2023 EFT 001076 GRAINGER 597.94
333929 03/08/2023 EFT 001104 HAAKER EQUIPMENT CO. 984.62 333930 03/08/2023 EFT 021166 HARKEY, DAWN MARIE 150.00
333931 03/08/2023 EFT 018938 HARRIS & ASSOCIATES, INC. 2,410.00 333932 03/08/2023 EFT 017752 HATTRIX INC. 694.04
333933 03/08/2023 EFT 002809 HIGH DESERT HOMELESS SERV 151,162.54 333934 03/08/2023 EFT 000278 HI DESERT ALARM 535.88
333936 03/08/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 6,149.69 333937 03/08/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 7,402.47 333938 03/08/2023 EFT 024922 INFOSEND, INC 10,886.36
333939 03/08/2023 EFT 001282 INLAND KENWORTH, INC. 351.81 333940 03/08/2023 EFT 014157 MERRIMAC ENERGY GROUP 33,880.15 333941 03/08/2023 EFT 015804 MISSION AMBULANCE, INC. 106,900.00 333942 03/08/2023 EFT 001592 MOBILE OCCUPATIONAL SERVI 320.00 333943 03/08/2023 EFT 017743 PULICE, SAMUEL A. 100.66
333944 03/08/2023 EFT 001603 MOJAVE WATER AGENCY 38,700.00 333945 03/08/2023 EFT 016376 SHEPARD, MARSHALL 10,040.00 333946 03/08/2023 EFT 014011 MYERS AND SONS HI-WAY SAF 829.31 333947 03/08/2023 EFT 003523 ODYSSEY POWER CORPORATION 3,824.52 333948 03/08/2023 EFT 028213 O'REILLY AUTO PARTS 29.33
333949 03/08/2023 EFT 001789 PARKHOUSE TIRE, INC. 1,694.68 333950 03/08/2023 EFT 013165 PETE'S ROAD SERVICE 3,201.95 333951 03/08/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 2,590.01 333952 03/08/2023 EFT 018886 RDO EQUIPMENT CO. 876.93
333953 03/08/2023 EFT 016281 REA'S AUTOMOTIVE INC. 173.34 333954 03/08/2023 EFT 013661 REBEL OIL COMPANY 275.26
333955 03/08/2023 EFT 020678 UNITED SAFETY SERVICES 110.50
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
333956 03/08/2023 EFT 012308 ROADPOST USA ,INC. 133.90
333957 03/08/2023 EFT 001987 ROTARY CLUB - VICTORVILLE 194.40 333958 03/08/2023 EFT 002063 SBC FIRE DEPARTMENT 1,274.00 333959 03/08/2023 EFT 015670 SCORPION FIRE PROTECTION, 7,087.50 333960 03/08/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 153.51 333961 03/08/2023 EFT 010553 SPOK, INC. 12.43
333962 03/08/2023 EFT 018962 THATTE, SUBODH 650.00
333963 03/08/2023 EFT 008100 SWARCO MCCAIN, INC. 10,391.07 333964 03/08/2023 EFT 021414 CALAMP WIRELESS NETWORKS 460.00 333965 03/08/2023 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 333966 03/08/2023 EFT 017269 TOWN & COUNTRY TIRE INC 1,854.16 333967 03/08/2023 EFT 002790 TREADWELL, KENNETH R. 4,750.00 333968 03/08/2023 EFT 001169 AUTO PARTS DIRECT LLC 120.46 333969 03/08/2023 EFT 002419 UNDERGROUND SERVICE ALERT 65.50 333970 03/08/2023 EFT 015004 U.S. DEPARTMENT OF ENERGY 6,714.52 333971 03/08/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 56.00 333972 03/08/2023 EFT 015079 VERIZON WIRELESS SERVICES 2,630.43 333973 03/08/2023 EFT 020762 OREMOR OF VICTORVILLE, LL 573.11 333974 03/08/2023 EFT 008430 CALMAT COMPANY 677.62
333975 03/08/2023 EFT 002481 VICTOR VALLEY ANIMAL PROT 21,414.08 333976 03/08/2023 EFT 002505 VICTORVILLE DISPOSAL, INC 1,023,547.45 333977 03/08/2023 EFT 002498 VICTOR VALLEY WASTEWATER 165.97 333978 03/08/2023 EFT 002554 WAXIE SANITARY SUPPLY 1,365.35 333979 03/08/2023 EFT 010274 HD SUPPLY CONSTRUCTION SU 277.53 333980 03/08/2023 EFT 018845 Z GLOBAL INC. 4,389.78
333981 03/08/2023 EFT 002651 ZUMAR INDUSTRIES, INC. 1,324.30 333982 03/15/2023 EFT 014848 DOMINGUEZ, MIGUEL 303.87
333983 03/15/2023 EFT 010537 ACCO ENGINEERED SYSTEMS, 1,499.00 333984 03/15/2023 EFT 021593 ASLANYAN, ALISA 420.00
333985 03/15/2023 EFT 000104 DANTIN ENTERPRISES, INC. 2,700.00 333986 03/15/2023 EFT 021379 AMEGATEK SOLUTIONS INC. 90.00 333987 03/15/2023 EFT 014614 AUTOMATED GATE SERVICES, 7,758.15 333988 03/15/2023 EFT 007650 BAKER & TAYLOR, INC. 606.32 333989 03/15/2023 EFT 000297 BECK OIL, INC. 2,378.23
333990 03/15/2023 EFT 015877 BOOT BARN, INC. 1,210.60
333991 03/15/2023 EFT 003245 CALIFORNIA DEPARTMENT OF 1,210.00 333992 03/15/2023 EFT 002720 CALIFORNIA TOOL & WELDING 968.04 333993 03/15/2023 EFT 014820 CAL-STATE AUTO PARTS 708.31 333994 03/15/2023 EFT 028287 CASTELLON, STEPHANIE 75.00 333995 03/15/2023 EFT 016335 CHARTER COMMUNICATION HOL 18,474.06 333996 03/15/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 121.43 333998 03/15/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 313.94 333999 03/15/2023 EFT 005295 DOKKEN ENGINEERING 13,230.36 334000 03/15/2023 EFT 028115 D'S BOOTERY 130.50
334001 03/15/2023 EFT 019731 EL DORADO BROADCASTERS LL 1,091.00 334002 03/15/2023 EFT 015760 FASTENAL COMPANY 104.29
334003 03/15/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 532.64 334004 03/15/2023 EFT 016767 KALMIKOV ENTERPRISES, INC 5,706.35 334006 03/15/2023 EFT 011206 FLYERS ENERGY LLC 1,752.72 334007 03/15/2023 EFT 016134 FRONTIER COMMUNICATIONS C 7,578.57 334008 03/15/2023 EFT 003960 CENGAGE LEARNING, INC. 109.25 334009 03/15/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 197.89
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 3User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334010 03/15/2023 EFT 000031 GARCIA, JOHN 103.20
334011 03/15/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,919.03 334012 03/15/2023 EFT 016317 GREATER HOPE FOUNDATION F 375.00 334013 03/15/2023 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 334014 03/15/2023 EFT 021256 GRIFFITH, CARLENE M. 315.00 334015 03/15/2023 EFT 001104 HAAKER EQUIPMENT CO. 4,952.02 334016 03/15/2023 EFT 018938 HARRIS & ASSOCIATES, INC. 11,692.50 334017 03/15/2023 EFT 025408 THE HARTFORD - PRIORITY A 780.51 334018 03/15/2023 EFT 025408 THE HARTFORD - PRIORITY A 44,294.19 334019 03/15/2023 EFT 017752 HATTRIX INC. 2,205.45
334020 03/15/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 1,500.46 334022 03/15/2023 EFT 016775 INTERWEST CONSULTING GROU 2,812.90 334023 03/15/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 189.82 334024 03/15/2023 EFT 000696 L.N. CURTIS & SONS 123,356.94 334025 03/15/2023 EFT 001592 MOBILE OCCUPATIONAL SERVI 380.00 334026 03/15/2023 EFT 019967 MOJAVE AUTO COLLISION 26,182.05 334027 03/15/2023 EFT 001599 MOJAVE DESERT AQMD 400.11
334028 03/15/2023 EFT 016352 MONTGOMERY, ROGER 125.00
334029 03/15/2023 EFT 003523 ODYSSEY POWER CORPORATION 1,602.00 334030 03/15/2023 EFT 014835 OMNIS INCORPORATED 8,678.00 334031 03/15/2023 EFT 019735 PACIFIC UTILITY INSTALLAT 190,009.50 334032 03/15/2023 EFT 001789 PARKHOUSE TIRE, INC. 717.68 334033 03/15/2023 EFT 018519 PARSONS TRANSPORTATION GR 169,415.58 334034 03/15/2023 EFT 025260 PENWORTHY COMPANY, THE 920.98 334035 03/15/2023 EFT 017106 POUVARANUKOAH, KRIS 910.99 334036 03/15/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 419.22 334037 03/15/2023 EFT 019063 QUADIENT, INC. 90.27
334038 03/15/2023 EFT 018886 RDO EQUIPMENT CO. 91.03
334039 03/15/2023 EFT 016281 REA'S AUTOMOTIVE INC. 1,238.78 334040 03/15/2023 EFT 016328 RIVERSIDE CONSTRUCTION CO 401,142.15 334041 03/15/2023 EFT 017661 SCHARDIJN, LISA 594.00
334042 03/15/2023 EFT 021434 SOUTH COAST, LLC 491.34
334043 03/15/2023 EFT 017052 SUNRISE ENGINEERING, INC. 2,389.50 334044 03/15/2023 EFT 017269 TOWN & COUNTRY TIRE INC 770.02 334045 03/15/2023 EFT 028349 TYLER TECHNOLOGIES, INC. 7,585.00 334046 03/15/2023 EFT 002419 UNDERGROUND SERVICE ALERT 741.57 334047 03/15/2023 EFT 029118 UNITED ROTARY BRUSH CORPO 371.00 334048 03/15/2023 EFT 014536 UNITED SITE SERVICES OF C 1,425.72 334049 03/15/2023 EFT 000095 UNIVAR SOLUTIONS USA INC. 13,224.01 334050 03/15/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 910.00 334051 03/15/2023 EFT 015079 VERIZON WIRELESS SERVICES 2,612.90 334052 03/15/2023 EFT 008430 CALMAT COMPANY 1,664.93
334053 03/15/2023 EFT 002862 V.V. TOW, INC. 347.00
334054 03/15/2023 EFT 002498 VICTOR VALLEY WASTEWATER 23,181.89 334055 03/15/2023 EFT 011361 WALTERS WHOLESALE ELECTRI 78.69 334056 03/15/2023 EFT 002554 WAXIE SANITARY SUPPLY 251.61 334057 03/15/2023 EFT 007786 WILLIAMS, MONIQUE 2,554.80 334058 03/15/2023 EFT 022033 WOODARD & CURRAN, INC. 270,261.27 334059 03/15/2023 EFT 018845 Z GLOBAL INC. 31,631.61
789436 03/08/2023 PRINTED 016204 4LEAF, INC. 19,137.77
789437 03/08/2023 PRINTED 021725 ANGUIANO, MARIA 93.30
789438 03/08/2023 PRINTED 021250 AUDACY OPERATIONS, INC. 3,500.00
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 4User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789439 03/08/2023 PRINTED 017968 AVCOM SERVICES, INC. 620.00 789440 03/08/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 1,090.53 789441 03/08/2023 PRINTED 019478 BELLGARDT, JACOB 546.00 789442 03/08/2023 PRINTED 017353 BOUND TREE MEDICAL, LLC 305.06 789443 03/08/2023 PRINTED 014671 BUREAU OF RECLAMATION 851.52 789444 03/08/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,467.84 789445 03/08/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,234.20 789446 03/08/2023 PRINTED 016222 CACEO 100.00
789447 03/08/2023 PRINTED 005835 CALIFORNIA PARK & RECREAT 150.00 789448 03/08/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 95.32 789449 03/08/2023 PRINTED 001162 HI-DESERT COMMUNICATIONS 380.00 789450 03/08/2023 PRINTED 021496 DG INVESTMENT INTERMEDIAT 59,918.75 789451 03/08/2023 PRINTED 020448 D'ALESIO, DEAN 164.04
789452 03/08/2023 PRINTED 006348 DAILY JOURNAL CORPORATION 476.32 789453 03/08/2023 PRINTED 000764 DESERT TRUCK SUPPLY 181.25 789454 03/08/2023 PRINTED 014737 DITCH WITCH WEST 55.48 789455 03/08/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 236.00 789456 03/08/2023 PRINTED 021663 DUDEK 1,865.00
789457 03/08/2023 PRINTED 002607 FAUST MEDIA SERVICES, LLC 3,011.29 789458 03/08/2023 PRINTED 021775 FIRSTWATCH SOLUTIONS, INC 1,940.00 789459 03/08/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,852.20 789460 03/08/2023 PRINTED 021865 GARON WYATT INVESTIGATIVE 6,306.95 789461 03/08/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 2,548.63 789462 03/08/2023 PRINTED 019163 GOLDSTAR PRODUCTS, INC 722.69 789463 03/08/2023 PRINTED 020886 CAMPOS, ADAM 3,610.40
789464 03/08/2023 PRINTED 001172 JORDAN, RICHARD 450.00 789465 03/08/2023 PRINTED 016178 HENNIGAR, DOUGLAS 202.00 789466 03/08/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 194.18 789467 03/08/2023 PRINTED 021481 VELASCO,JOSEPH 50.00
789468 03/08/2023 PRINTED 001285 INLAND WATER WORKS SUPPLY 482.42 789469 03/08/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 974.70 789470 03/08/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,462.55 789471 03/08/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 1,549.07 789472 03/08/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 320.00 789473 03/08/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 6.00 789474 03/08/2023 PRINTED 001648 NAPA AUTO PARTS 3,834.85 789475 03/08/2023 PRINTED 007044 NATIONAL CONSTRUCTION REN 1,201.32 789476 03/08/2023 PRINTED 011943 NAWAZ, SHAH 50.00
789477 03/08/2023 PRINTED 017105 ORTIZ, TIMOTHY 350.00
789478 03/08/2023 PRINTED 021693 WOODCREST ACE HARDWARE 349.11 789479 03/08/2023 PRINTED 020885 CAMACHO, ERNEST M. 134,777.51 789480 03/08/2023 PRINTED 010657 PACIFIC PRODUCTS & SERVIC 2,888.21 789481 03/08/2023 PRINTED 021791 PRESTON, JOHN J. 6,216.00 789482 03/08/2023 PRINTED 017036 RIVERS & LANDS CONSERVANC 1,696.50 789483 03/08/2023 PRINTED 003857 ROADLINE PRODUCTS INC. 514.69 789484 03/08/2023 PRINTED 003150 ROBERTSON'S 2,413.31
789485 03/08/2023 PRINTED 999991 SKEEN, OTILIA 200.00
789486 03/08/2023 PRINTED 999991 SUN WEST MORTGAGE CO 200.00 789487 03/08/2023 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 789488 03/08/2023 PRINTED 002037 SAN BERNARDINO COUNTY 26.00 789489 03/08/2023 PRINTED 002037 SAN BERNARDINO COUNTY 725,000.00 789490 03/08/2023 PRINTED 016345 NNN INVESTMENTS INC. 49.75
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 5User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789491 03/08/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 22,175.37 789492 03/08/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 19,844.68 789493 03/08/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 272.80 789494 03/08/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 1,726.15 789495 03/08/2023 PRINTED 004812 STERICYCLE INC. 1,173.30 789496 03/08/2023 PRINTED 002269 SUNLAND FORD 713.62
789497 03/08/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 635,091.24 789498 03/08/2023 PRINTED 999992 TORRES, JANAYA 104.00
789499 03/08/2023 PRINTED 021853 THOMAS LAND CLEARING COMP 108,097.65 789500 03/08/2023 PRINTED 002426 UPS 67.33
789501 03/08/2023 PRINTED 004009 THE VAN DYKE CORPORATION 193,094.58 789502 03/08/2023 PRINTED 021499 VISOSKY, TIMOTHY 21.99 789503 03/08/2023 PRINTED 001147 WAGE WORKS 2,004.00
789504 03/08/2023 PRINTED 029510 WEST END MATERIAL SUPPLY 126.48 789505 03/08/2023 PRINTED 016092 BRAYFIELD, ZACHARY SCOTT 940.00 789506 03/08/2023 PRINTED 021548 BASE HILL, INC. 4,600.00 789507 03/08/2023 PRINTED 019567 ACCESS ASSET MANAGEMENT I 21.60 789508 03/08/2023 PRINTED 015739 BENCHMARK HOMES LLC 22.70 789509 03/08/2023 PRINTED 021696 BRAVO, MARIA D 207.30
789510 03/08/2023 PRINTED 021909 CANDELARIA, RUBEN P 108.74 789511 03/08/2023 PRINTED 021934 CATHOLIC CHARITIES SAN 251.66 789512 03/08/2023 PRINTED 021928 CHICAGO TITLE CO 284.93 789513 03/08/2023 PRINTED 021931 CHICAGO TITLE CO 147.14 789514 03/08/2023 PRINTED 021935 CHICAGO TITLE CO 509.49 789515 03/08/2023 PRINTED 021867 CITY OF VICTORVILLE 3.73 789516 03/08/2023 PRINTED 021868 CITY OF VICTORVILLE 3.73 789517 03/08/2023 PRINTED 021869 CITY OF VICTORVILLE 3.73 789518 03/08/2023 PRINTED 021887 CITY OF VICTORVILLE 3.73 789519 03/08/2023 PRINTED 021888 CITY OF VICTORVILLE 3.73 789520 03/08/2023 PRINTED 021889 CITY OF VICTORVILLE 3.73 789521 03/08/2023 PRINTED 021896 CITY OF VICTORVILLE 3.73 789522 03/08/2023 PRINTED 021905 CITY OF VICTORVILLE 3.73 789523 03/08/2023 PRINTED 021923 COMMUNITY BUILDING GROUP 52.46 789524 03/08/2023 PRINTED 021914 CORRAL, MANUEL D 17.61 789525 03/08/2023 PRINTED 013659 COV - LMAD (LD010) 3.73 789526 03/08/2023 PRINTED 021883 COV - OPEN SPACE 3.73
789527 03/08/2023 PRINTED 021910 DE LA CRUZ, DAVID D. 188.13 789528 03/08/2023 PRINTED 020372 DESERADA INC 136.60
789529 03/08/2023 PRINTED 021926 DR &G SERVICES 411.85
789530 03/08/2023 PRINTED 021921 DR HORTON LOS ANGELES HOL 143.11 789531 03/08/2023 PRINTED 021929 FIDELITY NATIONAL TITLE C 177.82 789532 03/08/2023 PRINTED 021933 FIDELITY NATIONAL TITLE C 96.54 789533 03/08/2023 PRINTED 021937 FORWARD HORIZONS 250.62 789534 03/08/2023 PRINTED 021861 GHAVAMI, BAHMAN 33.16
789535 03/08/2023 PRINTED 021912 GONZALEZ, JOSE 20.24
789536 03/08/2023 PRINTED 021908 HUANG, ALVIN 226.39
789537 03/08/2023 PRINTED 006392 JAUREGUI, VINCENT 67.23 789538 03/08/2023 PRINTED 010598 LEE, SOOK 137.27
789539 03/08/2023 PRINTED 019724 LGI HOMES 79.13
789540 03/08/2023 PRINTED 021919 LIN, MEI-HUA 18.43
789541 03/08/2023 PRINTED 013604 LMAD 1 IRRIGATION 3.73 789542 03/08/2023 PRINTED 021870 LMAD 1 IRRIGATION 3.73
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 6User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789543 03/08/2023 PRINTED 021871 LMAD 1 IRRIGATION 3.73 789544 03/08/2023 PRINTED 021872 LMAD 1 IRRIGATION 3.73 789545 03/08/2023 PRINTED 021873 LMAD 1 IRRIGATION 3.73 789546 03/08/2023 PRINTED 021878 LMAD 1 IRRIGATION 3.73 789547 03/08/2023 PRINTED 021880 LMAD 1 IRRIGATION 3.73 789548 03/08/2023 PRINTED 021886 LMAD 1 IRRIGATION 3.73 789549 03/08/2023 PRINTED 021892 LMAD 1 IRRIGATION 3.73 789550 03/08/2023 PRINTED 021893 LMAD 1 IRRIGATION 3.73 789551 03/08/2023 PRINTED 021894 LMAD 1 IRRIGATION 3.73 789552 03/08/2023 PRINTED 021897 LMAD 1 IRRIGATION 3.73 789553 03/08/2023 PRINTED 021898 LMAD 1 IRRIGATION 3.73 789554 03/08/2023 PRINTED 021899 LMAD 1 IRRIGATION 3.73 789555 03/08/2023 PRINTED 021902 LMAD 1 IRRIGATION 3.73 789556 03/08/2023 PRINTED 021903 LMAD 1 IRRIGATION 3.73 789557 03/08/2023 PRINTED 021874 LMAD 2 IRRIGATION 3.73 789558 03/08/2023 PRINTED 021875 LMAD 2 IRRIGATION 3.73 789559 03/08/2023 PRINTED 021876 LMAD 2 IRRIGATION 3.73 789560 03/08/2023 PRINTED 021882 LMAD 3 IRRIGATION 3.73 789561 03/08/2023 PRINTED 021890 LMAD 3 IRRIGATION 3.73 789562 03/08/2023 PRINTED 021891 LMAD 3 IRRIGATION 3.73 789563 03/08/2023 PRINTED 021900 LMAD 6 IRRIGATION 3.73 789564 03/08/2023 PRINTED 021901 LMAD 6 IRRIGATION 3.73 789565 03/08/2023 PRINTED 021904 LMAD 6 IRRIGATION 3.73 789566 03/08/2023 PRINTED 021917 MAC FIRST LLC 120.00
789567 03/08/2023 PRINTED 021881 MAD 1 IRRIGATION 3.73
789568 03/08/2023 PRINTED 007079 MAKKAR, JOHN 43.16
789569 03/08/2023 PRINTED 021877 OPEN SPACE IRRIGATION 3.73 789570 03/08/2023 PRINTED 020891 OPENDOOR LABS INC 109.76 789571 03/08/2023 PRINTED 020891 OPENDOOR LABS INC 12.28 789572 03/08/2023 PRINTED 021911 OPENDOOR LABS INC 107.72 789573 03/08/2023 PRINTED 007814 PARADISE FAMILY REALTY 70.52 789574 03/08/2023 PRINTED 007814 PARADISE FAMILY REALTY 88.04 789575 03/08/2023 PRINTED 007814 PARADISE FAMILY REALTY 13.44 789576 03/08/2023 PRINTED 021916 POLANCO, STEVE A. 63.15 789577 03/08/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 84.71 789578 03/08/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 78.67 789579 03/08/2023 PRINTED 021913 ROBERTS, JOAN KOVAC 46.43 789580 03/08/2023 PRINTED 020917 ROBERTS, VIOLETTE 163.98 789581 03/08/2023 PRINTED 021922 SMALLEY, PAUL 54.75
789582 03/08/2023 PRINTED 021930 STEWART TITLE CO 106.14 789583 03/08/2023 PRINTED 021925 THE HATCH GROUP, INC 491.02 789584 03/08/2023 PRINTED 021924 THOMAS LAND CLEARING CO. 430.20 789585 03/08/2023 PRINTED 021866 TRANSPORTATION CENTER 3.73 789586 03/08/2023 PRINTED 021920 VAZQUEZ, JESUS 37.21
789587 03/08/2023 PRINTED 021915 VICTOR VALLEY FAMILY RESO 14.32 789588 03/08/2023 PRINTED 021932 VIVA ESCROW 120.00
789589 03/08/2023 PRINTED 016045 VV WATER DISTRICT 3.73 789590 03/08/2023 PRINTED 021918 WEBER, EDWARD 14.32
789591 03/08/2023 PRINTED 021927 WEDGEWOOD INC 196.07
789592 03/08/2023 PRINTED 021936 WEDGEWOOD INC 605.96
789593 03/15/2023 PRINTED 002336 3M 1,704.68
789594 03/15/2023 PRINTED 021859 ACME PLASTICS OF NEW JERS 9,879.72
CITY OF VICTORVILLE
Report generated: 03/16/2023 08:16 Page 7User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789595 03/15/2023 PRINTED 015507 UNIVERSAL PROTECTION SERV 24,996.29 789596 03/15/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 14,880.58 789597 03/15/2023 PRINTED 017044 ALTMAN, MATTHEW 867.00 789598 03/15/2023 PRINTED 003042 APPLE VALLEY COMMUNICATIO 2,170.18 789599 03/15/2023 PRINTED 017968 AVCOM SERVICES, INC. 180.00 789600 03/15/2023 PRINTED 999974 BEDFORD OPPORTUNITY FUND 3,005.50 789601 03/15/2023 PRINTED 019571 MJ AUTO GLASS INC. 1,862.71 789602 03/15/2023 PRINTED 021658 BUCHALTER, A PROFESSIONAL 1,479.50 789603 03/15/2023 PRINTED 014201 BURLINGTON SAFETY LABORAT 679.01 789604 03/15/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,712.96 789605 03/15/2023 PRINTED 016222 CACEO 510.00
789606 03/15/2023 PRINTED 006657 CALIFORNIA MUNICIPAL UTIL 7,419.73 789607 03/15/2023 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 789608 03/15/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 1,490.22 789609 03/15/2023 PRINTED 021950 CARDENAS, SAVANNAH 594.84 789610 03/15/2023 PRINTED 020193 CARTER, ROBERT 225.00
789611 03/15/2023 PRINTED 029856 CELLEBRITE USA, INC. 6,633.75 789612 03/15/2023 PRINTED 020448 D'ALESIO, DEAN 47.61
789613 03/15/2023 PRINTED 010314 DAVID EVANS AND ASSOCIATE 822.00 789614 03/15/2023 PRINTED 021858 DAVIS, LONNIE 97.88
789615 03/15/2023 PRINTED 009111 APPLE VALLEY CONSTRUCTION 909,063.02 789616 03/15/2023 PRINTED 000764 DESERT TRUCK SUPPLY 29.10 789617 03/15/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 130.00 789618 03/15/2023 PRINTED 015258 FITZGERALD-GUTIERREZ, JEN 72.00 789619 03/15/2023 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 301.90 789620 03/15/2023 PRINTED 013833 TORTORO ENTERPRISES, INC. 1,790.00 789621 03/15/2023 PRINTED 999979 GB43 FULFILLMENT LLC 1,401.20 789622 03/15/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 292.85 789623 03/15/2023 PRINTED 020634 GONZALEZ, JESUS 184.82 789624 03/15/2023 PRINTED 020948 HARPER, JAMES JR 234.00 789625 03/15/2023 PRINTED 021441 HENRY SCHEIN, INC. 1,510.45 789626 03/15/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 100.98 789627 03/15/2023 PRINTED 021377 HOLLY, BROOKE DANIELLE 576.00 789628 03/15/2023 PRINTED 001229 HOWARDS MUFFLER SERVICE, 375.31 789629 03/15/2023 PRINTED 016177 INDEPENDENT ELECTRIC SUPP 373.92 789630 03/15/2023 PRINTED 001285 INLAND WATER WORKS SUPPLY 1,129.48 789631 03/15/2023 PRINTED 020667 CONDON, JOSEPH 585.00
789632 03/15/2023 PRINTED 021571 JENSEN, JOEL C. 224.00 789633 03/15/2023 PRINTED 014207 JOHNSON, TYSON A. 472.50 789634 03/15/2023 PRINTED 015165 JUAT, JAN JORDY MATIAS 108.00 789635 03/15/2023 PRINTED 004807 KONE, INC. 350.00
789636 03/15/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 4,156.43 789637 03/15/2023 PRINTED 007233 KOVATCH MOBILE EQUIPMENT 808.62 789638 03/15/2023 PRINTED 999984 LA-DF INVESTMENTS FUND 68 622.00 789639 03/15/2023 PRINTED 004590 LEGACY HOMES 69,014.00 789640 03/15/2023 PRINTED 017054 LOOPNET, INC. 652.00
789641 03/15/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 115.00 789642 03/15/2023 PRINTED 004292 LU'S LIGHTHOUSE 492.86 789643 03/15/2023 PRINTED 999985 MARTINEZ, MARTHA 200.00 789644 03/15/2023 PRINTED 020675 MALDONADO, MICHELLE 3,000.00 789645 03/15/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 25.00 789646 03/15/2023 PRINTED 021255 HARRIS, NAKENDRA 120.00 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789647 03/15/2023 PRINTED 007984 MEDINA, JOEY 308.92
789648 03/15/2023 PRINTED 021857 MELENDEZ, DANIEL 309.63 789649 03/15/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 48.00 789650 03/15/2023 PRINTED 001648 NAPA AUTO PARTS 1,694.84 789651 03/15/2023 PRINTED 017475 NETA NETWORKS, INC. 214.98 789652 03/15/2023 PRINTED 018455 OWENBY, MATTHEW PAUL 144.00 789653 03/15/2023 PRINTED 999990 RUP NAGALA SARAS HOSPITAL 180.50 789654 03/15/2023 PRINTED 021758 ROBERT HALF INTERNATIONAL 18,520.00 789655 03/15/2023 PRINTED 007985 ROSSANO, MICHAEL 272.04 789656 03/15/2023 PRINTED 002746 ROTO ROOTER PLUMBERS 6,886.00 789657 03/15/2023 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 789658 03/15/2023 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 789659 03/15/2023 PRINTED 002037 SAN BERNARDINO COUNTY 761.32 789660 03/15/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 188,004.19 789661 03/15/2023 PRINTED 011303 SPORTSENGINE, INC. 143.50 789662 03/15/2023 PRINTED 002236 STATE WATER RESOURCES CON 1,432.00 789663 03/15/2023 PRINTED 002269 SUNLAND FORD 3,360.90
789664 03/15/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 104,877.10 789665 03/15/2023 PRINTED 017116 TORRES, SCOTT 350.00
789666 03/15/2023 PRINTED 013359 VALLEY POWER SYSTEMS, INC 1,302.02 789667 03/15/2023 PRINTED 006411 CITY OF VICTORVILLE 20,685.25 789668 03/15/2023 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 135.00 789669 03/15/2023 PRINTED 999995 WEDGEWOOD, LLC 1,321.90 789670 03/15/2023 PRINTED 021661 WBCP, INC. 29,228.48
789671 03/15/2023 PRINTED 021826 CONSTELLATION ENERGY CORP 187,624.00 789672 03/15/2023 PRINTED 021251 FLEET SERVICES, INC. 1,302.04 789673 03/15/2023 PRINTED 016773 ID EDGE, INC. 2,003.02 789674 03/15/2023 PRINTED 021941 ARNOLD, AJA 86.28
789675 03/15/2023 PRINTED 021949 BOH LANE, LLC 689.88
789676 03/15/2023 PRINTED 018801 DIMOND, GARY 79.44
789677 03/15/2023 PRINTED 021944 ESTATE OF VI NGOC PHAM 107.81 789678 03/15/2023 PRINTED 020320 FH II, LLC 689.88
789679 03/15/2023 PRINTED 021947 HARDESTY & ASSOCIATES 682.54 789680 03/15/2023 PRINTED 021946 JOHNSON, HACKIESHA 300.87 789681 03/15/2023 PRINTED 021940 JONES, EUGENE 14.32
789682 03/15/2023 PRINTED 021942 LAASE, JAMES 100.29
789683 03/15/2023 PRINTED 021948 PENCE CONSTRUCTION 818.68 789684 03/15/2023 PRINTED 004064 PROVEST REALTY INC 75.49 789685 03/15/2023 PRINTED 019109 SAVY INVESTMENTS LLC 45.41 789686 03/15/2023 PRINTED 021943 SHEARER, JAMES R. 107.51 789687 03/15/2023 PRINTED 021048 SKANSKA USA CIVIL 763.28 789688 03/15/2023 PRINTED 021476 UDC CORPORATION 422.86 789689 03/15/2023 PRINTED 021945 VARGAS, GABRIELA M 12.24 407 CHECKS CASH ACCOUNT TOTAL 8,310,278.48
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: April 4, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Full Labor & Materials Security Release for EROW20-00047 and BLDC19-00022 Recommendation:
That the Honorable City Council approve the full release of the Labor & Materials security for EROW20-00047 and BLDC19-00022.
Fiscal Impact:
There is no fiscal impact resulting from this item.
Strategic Plan Goal:
This item aligns with Goal E., Strategy 1. in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Cases EROW20-00047 and BLDC19-00022 included the construction of a fueling station, convenience market, and an attached restaurant located at the northwest corner of Mojave Drive and Amargosa Road. Green Tree Acres, LLC. (Developer) is the Developer for this project. The conditions of approval required the Developer to install sidewalk and driveway approaches along Amargosa Road and Mojave Drive, connecting to the City’s sewer and water systems, and to construct a traffic signal modification. The Developer has completed all the required public improvements per the approved street improvement plans GP-1517, P-1128, and P-1129.
Discussion:
At the June 21, 2022, City Council meeting, an 80-percent reduction of the Faithful Performance securities was approved. Per Victorville Municipal Code §17.64.070, the Labor & Material securities are held for a six-month period. The six-month period was 3 0
4 8
completed as of December 21, 2022; therefore, staff recommends fully releasing the Labor & Materials securities.
Staff remains available to answer any questions the Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Vicinity Map
APN 0395-441-41
Attachment B
Security Tables
Securities Tables
Developer:
Green Tree Acres, LLC.
20276 Rancherias Road
Apple Valley, CA 92307
Faithful Performance Security
Public Improvements – No. 36K000246
Amount of ORIGINAL Security: $210,251.80
Amount of Security CURRENTLY: $42,050.36
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $42,050.36
Labor & Materials Security
Public Improvements – No. 36K000246
Amount of ORIGINAL Security: $105,125.90
Amount of Security CURRENTLY: $105,125.90
Amount of Security being REDUCED: $105,125.90
Amount of Security REMAINING: $0.00
Attachment C
Existing Securities
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: April 4, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 8B for Payroll Period February 03, 2023, through February 17, 2023, in the amount of $1,861,455.11 covering Check Nos. 33273 through 33305, including Vendor checks.
Please note employee Check No. 33288 & 33291 have a live Check and an EFT Advice.
Also included are Advice Nos. 297566 through 298041, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Fiscal Impact:
A total fiscal impact of $1,861,455.11 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 021723
Attachment A
Payroll Report PPE 021723
City of Victorville Council Payroll Report 03/01/2023Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: February 03, 2023 through February 17, 2023 Checks
Check Number Employee ID Check Date Total Net
33273 3643 02/22/2023 $5,571.25
33274 3615 02/22/2023 $4,198.24
33275 3466 02/24/2023 $718.37
33276 3551 02/24/2023 $679.14
33277 3467 02/24/2023 $1,953.24
33278 3714 02/24/2023 $1,638.17
33279 3554 02/24/2023 $273.15
33280 3310 02/24/2023 $136.57
33281 3614 02/24/2023 $273.15
33282 3556 02/24/2023 $273.15
33283 3737 02/24/2023 $1,106.94
33284 3735 02/24/2023 $1,840.93
33285 3731 02/24/2023 $2,267.62
33286 3736 02/24/2023 $1,343.05
33287 3732 02/24/2023 $2,340.50
33288 2705 02/24/2023 $1,177.56
33289 1249 02/24/2023 $2,001.51
33290 3733 02/24/2023 $1,712.56
33291 3725 02/24/2023 $983.22
33292 3664 02/24/2023 $52.58
33293 3674 02/24/2023 $854.23
33294 3665 02/24/2023 $262.90
33295 1966 02/24/2023 $2,430.85
33296 3388 02/24/2023 $862.29
33297 3734 02/24/2023 $2,251.87
33298 240 02/24/2023 $5.00
33299 787 02/24/2023 $50.00
33300 1145 02/24/2023 $75.00
33301 1182 02/24/2023 $100.00
33302 7912 02/24/2023 $615.41
33303 13491 02/24/2023 $422.31
33304 18154 02/24/2023 $175.00
33305 20821 02/24/2023 $423.00
Checks Total 39,068.76
City of Victorville Council Payroll Report 03/01/2023Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33288 2705 02/24/2023 $2,000.00
33291 3725 02/24/2023 $150.83
297566 3597 02/10/2023 $2,140.12
297567 3608 02/24/2023 $2,930.84
297568 1099 02/24/2023 $761.85
297569 3243 02/24/2023 $3,845.40
297570 2115 02/24/2023 $12,111.93
297571 3142 02/24/2023 $1,654.23
297572 3640 02/24/2023 $1,738.51
297573 3297 02/24/2023 $754.67
297574 3458 02/24/2023 $402.75
297575 3229 02/24/2023 $4,373.16
297576 3283 02/24/2023 $908.80
297577 1064 02/24/2023 $7,071.02
297578 3721 02/24/2023 $1,763.65
297579 3727 02/24/2023 $2,037.64
297580 1706 02/24/2023 $5,366.92
297581 2395 02/24/2023 $3,488.28
297582 3700 02/24/2023 $1,829.98
297583 3625 02/24/2023 $1,804.67
297584 3684 02/24/2023 $2,079.21
297585 2624 02/24/2023 $2,439.54
297586 3043 02/24/2023 $1,898.08
297587 3031 02/24/2023 $2,779.39
297588 1748 02/24/2023 $2,737.18
297589 2361 02/24/2023 $2,178.79
297590 3638 02/24/2023 $2,989.39
297591 3561 02/24/2023 $2,351.81
297592 1903 02/24/2023 $1,735.15
297593 3616 02/24/2023 $2,279.55
297594 3630 02/24/2023 $1,673.58
297595 3527 02/24/2023 $2,071.98
297596 2682 02/24/2023 $2,186.89
297597 2627 02/24/2023 $1,969.76
297598 2366 02/24/2023 $1,906.32
297599 2594 02/24/2023 $2,824.28
297600 3730 02/24/2023 $653.10
297601 3695 02/24/2023 $1,997.84
297602 2093 02/24/2023 $1,736.48
297603 3697 02/24/2023 $4,856.04
297604 1973 02/24/2023 $2,962.89
297605 2019 02/24/2023 $2,493.21
297606 3494 02/24/2023 $2,329.91
297607 2233 02/24/2023 $2,705.75
297608 2606 02/24/2023 $2,254.88
City of Victorville Council Payroll Report 03/01/2023Page 3 of 13 Advices
Check Number Employee ID Check Date Total Net
297609 3660 02/24/2023 $1,567.09
297610 3046 02/24/2023 $1,979.16
297611 1635 02/24/2023 $15,498.48
297612 3653 02/24/2023 $2,577.75
297613 3327 02/24/2023 $2,096.64
297614 3624 02/24/2023 $1,889.34
297615 3009 02/24/2023 $3,262.14
297616 2618 02/24/2023 $1,832.82
297617 3573 02/24/2023 $1,701.90
297618 2619 02/24/2023 $2,350.57
297619 2603 02/24/2023 $1,781.16
297620 2491 02/24/2023 $2,405.67
297621 2235 02/24/2023 $6,703.38
297622 2300 02/24/2023 $3,331.59
297623 2685 02/24/2023 $1,777.27
297624 3521 02/24/2023 $2,372.90
297625 3528 02/24/2023 $2,033.85
297626 3045 02/24/2023 $2,237.71
297627 3499 02/24/2023 $2,470.52
297628 3362 02/24/2023 $2,094.43
297629 2297 02/24/2023 $1,979.66
297630 2232 02/24/2023 $7,843.54
297631 1957 02/24/2023 $2,565.11
297632 3290 02/24/2023 $2,128.72
297633 3085 02/24/2023 $2,139.94
297634 3246 02/24/2023 $3,145.95
297635 2042 02/24/2023 $5,004.94
297636 2102 02/24/2023 $2,760.79
297637 2032 02/24/2023 $3,263.54
297638 2323 02/24/2023 $3,320.26
297639 1767 02/24/2023 $2,927.57
297640 3508 02/24/2023 $2,118.07
297641 3682 02/24/2023 $3,208.81
297642 2225 02/24/2023 $4,082.98
297643 3544 02/24/2023 $2,024.16
297644 3221 02/24/2023 $2,532.07
297645 1855 02/24/2023 $273.15
297646 3627 02/24/2023 $2,096.73
297647 1533 02/24/2023 $2,300.27
297648 2833 02/24/2023 $2,107.97
297649 2211 02/24/2023 $4,901.37
297650 3497 02/24/2023 $1,442.21
297651 1426 02/24/2023 $1,073.52
297652 3105 02/24/2023 $1,783.10
297653 3703 02/24/2023 $2,010.51
297654 2254 02/24/2023 $2,938.50
City of Victorville Council Payroll Report 03/01/2023Page 4 of 13 Advices
Check Number Employee ID Check Date Total Net
297655 3618 02/24/2023 $1,994.27
297656 3482 02/24/2023 $1,714.65
297657 3724 02/24/2023 $1,134.05
297658 3354 02/24/2023 $3,466.81
297659 3011 02/24/2023 $2,053.38
297660 3623 02/24/2023 $1,134.05
297661 3295 02/24/2023 $1,843.99
297662 3400 02/24/2023 $2,301.03
297663 3184 02/24/2023 $3,239.58
297664 3547 02/24/2023 $1,134.05
297665 3673 02/24/2023 $1,134.05
297666 3288 02/24/2023 $1,659.00
297667 3702 02/24/2023 $1,844.80
297668 2742 02/24/2023 $2,761.35
297669 3089 02/24/2023 $3,057.54
297670 3641 02/24/2023 $1,607.06
297671 2379 02/24/2023 $1,985.50
297672 3672 02/24/2023 $1,134.05
297673 3634 02/24/2023 $2,695.39
297674 2711 02/24/2023 $1,716.96
297675 3639 02/24/2023 $1,475.57
297676 3586 02/24/2023 $1,755.72
297677 3190 02/24/2023 $2,812.41
297678 2249 02/24/2023 $5,134.48
297679 3650 02/24/2023 $1,502.03
297680 3393 02/24/2023 $1,685.72
297681 3250 02/24/2023 $1,618.24
297682 3491 02/24/2023 $1,113.32
297683 3548 02/24/2023 $1,134.05
297684 3511 02/24/2023 $2,168.28
297685 3581 02/24/2023 $2,183.49
297686 3396 02/24/2023 $1,945.66
297687 3663 02/24/2023 $1,438.45
297688 3541 02/24/2023 $2,302.94
297689 2499 02/24/2023 $3,095.22
297690 3379 02/24/2023 $2,590.76
297691 3694 02/24/2023 $2,078.30
297692 2105 02/24/2023 $4,559.05
297693 3474 02/24/2023 $1,905.88
297694 2515 02/24/2023 $2,800.23
297695 3636 02/24/2023 $2,337.26
297696 2679 02/24/2023 $2,578.73
297697 3490 02/24/2023 $2,214.80
297698 3475 02/24/2023 $2,540.74
297699 2181 02/24/2023 $2,616.29
297700 3353 02/24/2023 $2,622.01
City of Victorville Council Payroll Report 03/01/2023Page 5 of 13 Advices
Check Number Employee ID Check Date Total Net
297701 3542 02/24/2023 $2,952.34
297702 1955 02/24/2023 $2,665.24
297703 1632 02/24/2023 $2,660.97
297704 3692 02/24/2023 $2,792.36
297705 3147 02/24/2023 $2,743.14
297706 3148 02/24/2023 $3,485.39
297707 3195 02/24/2023 $1,841.35
297708 3602 02/24/2023 $2,486.01
297709 1970 02/24/2023 $2,308.04
297710 1520 02/24/2023 $2,649.34
297711 2605 02/24/2023 $2,067.28
297712 3505 02/24/2023 $4,407.64
297713 2540 02/24/2023 $3,367.63
297714 2377 02/24/2023 $2,814.40
297715 1079 02/24/2023 $2,542.67
297716 2312 02/24/2023 $2,378.38
297717 3510 02/24/2023 $2,025.38
297718 3637 02/24/2023 $2,863.19
297719 1901 02/24/2023 $5,898.89
297720 3628 02/24/2023 $2,191.77
297721 3068 02/24/2023 $2,055.21
297722 3633 02/24/2023 $2,409.38
297723 3129 02/24/2023 $3,363.79
297724 1998 02/24/2023 $2,822.20
297725 2376 02/24/2023 $4,499.31
297726 2111 02/24/2023 $2,892.46
297727 3543 02/24/2023 $1,954.59
297728 3303 02/24/2023 $3,586.67
297729 3558 02/24/2023 $2,557.45
297730 1655 02/24/2023 $3,977.79
297731 3285 02/24/2023 $2,907.48
297732 1529 02/24/2023 $1,888.19
297733 3238 02/24/2023 $4,153.94
297734 3242 02/24/2023 $2,538.11
297735 3346 02/24/2023 $2,099.06
297736 1776 02/24/2023 $3,072.32
297737 3192 02/24/2023 $2,029.93
297738 2655 02/24/2023 $1,491.17
297739 2798 02/24/2023 $2,139.16
297740 2522 02/24/2023 $2,862.23
297741 3265 02/24/2023 $1,983.88
297742 1503 02/24/2023 $2,977.56
297743 1515 02/24/2023 $2,267.49
297744 2505 02/24/2023 $2,734.47
297745 3299 02/24/2023 $1,777.18
297746 3113 02/24/2023 $2,064.74
City of Victorville Council Payroll Report 03/01/2023Page 6 of 13 Advices
Check Number Employee ID Check Date Total Net
297747 1007 02/24/2023 $3,414.66
297748 3729 02/24/2023 $1,548.74
297749 2343 02/24/2023 $1,295.93
297750 3273 02/24/2023 $3,202.58
297751 3121 02/24/2023 $1,854.20
297752 1497 02/24/2023 $2,550.97
297753 3537 02/24/2023 $2,308.92
297754 2192 02/24/2023 $1,964.22
297755 3513 02/24/2023 $2,132.76
297756 3685 02/24/2023 $1,617.93
297757 2034 02/24/2023 $2,024.77
297758 2275 02/24/2023 $2,834.80
297759 3380 02/24/2023 $2,393.25
297760 3191 02/24/2023 $2,364.36
297761 2530 02/24/2023 $2,851.66
297762 3496 02/24/2023 $918.47
297763 3051 02/24/2023 $2,345.24
297764 1750 02/24/2023 $2,360.21
297765 2770 02/24/2023 $1,870.76
297766 2228 02/24/2023 $2,387.09
297767 3726 02/24/2023 $1,200.46
297768 3101 02/24/2023 $2,620.10
297769 3335 02/24/2023 $2,130.47
297770 3611 02/24/2023 $1,222.81
297771 3284 02/24/2023 $1,882.28
297772 3580 02/24/2023 $1,134.05
297773 3621 02/24/2023 $1,134.05
297774 3270 02/24/2023 $1,789.97
297775 2248 02/24/2023 $1,947.50
297776 3263 02/24/2023 $1,733.92
297777 3622 02/24/2023 $1,035.53
297778 1588 02/24/2023 $2,131.34
297779 2189 02/24/2023 $2,627.86
297780 3560 02/24/2023 $1,973.89
297781 3509 02/24/2023 $2,073.78
297782 3226 02/24/2023 $1,763.22
297783 3257 02/24/2023 $1,817.93
297784 1121 02/24/2023 $2,354.69
297785 3149 02/24/2023 $2,334.99
297786 1865 02/24/2023 $2,048.89
297787 3479 02/24/2023 $1,673.03
297788 3689 02/24/2023 $1,193.15
297789 1723 02/24/2023 $1,513.53
297790 3296 02/24/2023 $2,109.18
297791 3707 02/24/2023 $1,768.99
297792 3572 02/24/2023 $1,231.13
City of Victorville Council Payroll Report 03/01/2023Page 7 of 13 Advices
Check Number Employee ID Check Date Total Net
297793 2531 02/24/2023 $2,629.72
297794 1513 02/24/2023 $1,994.51
297795 2118 02/24/2023 $944.89
297796 3387 02/24/2023 $1,096.97
297797 3330 02/24/2023 $1,687.90
297798 2681 02/24/2023 $3,261.36
297799 2119 02/24/2023 $1,846.46
297800 1612 02/24/2023 $1,975.10
297801 1282 02/24/2023 $2,283.92
297802 3610 02/24/2023 $1,364.43
297803 3277 02/24/2023 $1,769.40
297804 3287 02/24/2023 $1,884.40
297805 3037 02/24/2023 $1,660.10
297806 1449 02/24/2023 $2,742.12
297807 3481 02/24/2023 $1,874.80
297808 2677 02/24/2023 $5,014.76
297809 3688 02/24/2023 $1,134.05
297810 3341 02/24/2023 $1,884.66
297811 1137 02/24/2023 $1,814.85
297812 2383 02/24/2023 $1,837.51
297813 3687 02/24/2023 $1,004.97
297814 3130 02/24/2023 $1,878.65
297815 2489 02/24/2023 $1,666.02
297816 3361 02/24/2023 $2,036.67
297817 3139 02/24/2023 $1,629.04
297818 3099 02/24/2023 $2,497.00
297819 2696 02/24/2023 $1,826.67
297820 1287 02/24/2023 $3,041.31
297821 3536 02/24/2023 $2,546.69
297822 3722 02/24/2023 $1,341.58
297823 1254 02/24/2023 $1,997.69
297824 3187 02/24/2023 $1,805.94
297825 2368 02/24/2023 $1,897.08
297826 3095 02/24/2023 $1,570.47
297827 3532 02/24/2023 $1,903.89
297828 3258 02/24/2023 $1,792.12
297829 3100 02/24/2023 $2,680.60
297830 3259 02/24/2023 $1,406.04
297831 3344 02/24/2023 $1,927.29
297832 1338 02/24/2023 $3,448.01
297833 3507 02/24/2023 $1,792.81
297834 2229 02/24/2023 $1,714.10
297835 1049 02/24/2023 $2,285.22
297836 1506 02/24/2023 $1,911.44
297837 1959 02/24/2023 $3,258.05
297838 3004 02/24/2023 $2,850.48
City of Victorville Council Payroll Report 03/01/2023Page 8 of 13 Advices
Check Number Employee ID Check Date Total Net
297839 1893 02/24/2023 $1,998.06
297840 3626 02/24/2023 $1,871.10
297841 1581 02/24/2023 $2,448.60
297842 1932 02/24/2023 $1,798.54
297843 3279 02/24/2023 $1,923.65
297844 2460 02/24/2023 $1,806.17
297845 3671 02/24/2023 $1,644.60
297846 3112 02/24/2023 $1,595.85
297847 2732 02/24/2023 $1,829.18
297848 2552 02/24/2023 $2,058.44
297849 2476 02/24/2023 $3,309.40
297850 2279 02/24/2023 $2,797.39
297851 3515 02/24/2023 $4,722.77
297852 3092 02/24/2023 $2,503.60
297853 3138 02/24/2023 $2,689.23
297854 3146 02/24/2023 $2,795.76
297855 2590 02/24/2023 $2,057.25
297856 2748 02/24/2023 $2,139.37
297857 3709 02/24/2023 $2,609.35
297858 2669 02/24/2023 $3,094.21
297859 2623 02/24/2023 $1,871.29
297860 2637 02/24/2023 $2,901.60
297861 3079 02/24/2023 $1,765.16
297862 2638 02/24/2023 $2,827.65
297863 3109 02/24/2023 $2,484.50
297864 2671 02/24/2023 $2,951.26
297865 3019 02/24/2023 $3,737.41
297866 2593 02/24/2023 $2,437.93
297867 3328 02/24/2023 $2,339.23
297868 3461 02/24/2023 $2,075.46
297869 2626 02/24/2023 $1,437.83
297870 3038 02/24/2023 $2,569.31
297871 3052 02/24/2023 $1,975.58
297872 2290 02/24/2023 $1,953.95
297873 3716 02/24/2023 $1,637.61
297874 3110 02/24/2023 $2,182.18
297875 2641 02/24/2023 $1,854.13
297876 2612 02/24/2023 $2,352.65
297877 3698 02/24/2023 $1,184.74
297878 2642 02/24/2023 $2,296.21
297879 3705 02/24/2023 $2,392.85
297880 3331 02/24/2023 $1,762.05
297881 2674 02/24/2023 $2,772.30
297882 3231 02/24/2023 $2,341.10
297883 3228 02/24/2023 $2,584.55
297884 2628 02/24/2023 $2,801.57
City of Victorville Council Payroll Report 03/01/2023Page 9 of 13 Advices
Check Number Employee ID Check Date Total Net
297885 3301 02/24/2023 $1,642.90
297886 2630 02/24/2023 $2,931.05
297887 3182 02/24/2023 $2,536.21
297888 2599 02/24/2023 $2,110.32
297889 2683 02/24/2023 $2,125.52
297890 2753 02/24/2023 $2,264.56
297891 2610 02/24/2023 $2,499.18
297892 3323 02/24/2023 $3,176.60
297893 1389 02/24/2023 $2,955.56
297894 3264 02/24/2023 $1,952.19
297895 2808 02/24/2023 $1,964.86
297896 2646 02/24/2023 $1,989.74
297897 3617 02/24/2023 $1,673.33
297898 2600 02/24/2023 $2,390.36
297899 2524 02/24/2023 $2,615.65
297900 2686 02/24/2023 $1,946.18
297901 2193 02/24/2023 $2,180.19
297902 3322 02/24/2023 $2,569.47
297903 3629 02/24/2023 $2,391.55
297904 3230 02/24/2023 $3,003.78
297905 1931 02/24/2023 $2,868.56
297906 2038 02/24/2023 $1,587.71
297907 2339 02/24/2023 $2,355.73
297908 2678 02/24/2023 $3,636.88
297909 3240 02/24/2023 $1,916.84
297910 3215 02/24/2023 $2,749.91
297911 3140 02/24/2023 $1,952.27
297912 3035 02/24/2023 $1,973.00
297913 3651 02/24/2023 $2,061.95
297914 3185 02/24/2023 $2,312.05
297915 1853 02/24/2023 $2,827.74
297916 3645 02/24/2023 $757.00
297917 3503 02/24/2023 $2,574.67
297918 3589 02/24/2023 $157.75
297919 3676 02/24/2023 $579.66
297920 3579 02/24/2023 $700.17
297921 3376 02/24/2023 $3,449.74
297922 3384 02/24/2023 $1,093.22
297923 3386 02/24/2023 $1,921.46
297924 2488 02/24/2023 $971.43
297925 3120 02/24/2023 $979.05
297926 3502 02/24/2023 $1,897.90
297927 3582 02/24/2023 $997.25
297928 3654 02/24/2023 $920.99
297929 3252 02/24/2023 $2,606.60
297930 3070 02/24/2023 $2,199.38
City of Victorville Council Payroll Report 03/01/2023Page 10 of 13 Advices
Check Number Employee ID Check Date Total Net
297931 3657 02/24/2023 $768.26
297932 1866 02/24/2023 $1,877.51
297933 3371 02/24/2023 $1,025.90
297934 3717 02/24/2023 $525.67
297935 3655 02/24/2023 $972.53
297936 3656 02/24/2023 $870.99
297937 2478 02/24/2023 $1,067.04
297938 3648 02/24/2023 $654.19
297939 3667 02/24/2023 $127.70
297940 3471 02/24/2023 $942.76
297941 3531 02/24/2023 $3,832.80
297942 3587 02/24/2023 $814.33
297943 3669 02/24/2023 $598.75
297944 3029 02/24/2023 $1,614.27
297945 3326 02/24/2023 $3,155.97
297946 3649 02/24/2023 $330.51
297947 3609 02/24/2023 $920.99
297948 3492 02/24/2023 $590.25
297949 3691 02/24/2023 $814.33
297950 3576 02/24/2023 $992.98
297951 3647 02/24/2023 $670.65
297952 3566 02/24/2023 $650.91
297953 3368 02/24/2023 $1,776.09
297954 2006 02/24/2023 $1,586.79
297955 2684 02/24/2023 $1,456.92
297956 2355 02/24/2023 $2,531.48
297957 3696 02/24/2023 $2,698.54
297958 3500 02/24/2023 $2,439.75
297959 2039 02/24/2023 $1,857.36
297960 3281 02/24/2023 $1,621.76
297961 3550 02/24/2023 $2,201.15
297962 2629 02/24/2023 $2,056.83
297963 3348 02/24/2023 $1,851.92
297964 1544 02/24/2023 $2,451.09
297965 3107 02/24/2023 $2,138.08
297966 3081 02/24/2023 $2,049.07
297967 3523 02/24/2023 $3,843.78
297968 3271 02/24/2023 $1,838.87
297969 3017 02/24/2023 $4,522.00
297970 3706 02/24/2023 $1,363.65
297971 3512 02/24/2023 $2,365.88
297972 2027 02/24/2023 $1,781.71
297973 2330 02/24/2023 $2,837.14
297974 3437 02/24/2023 $4,124.60
297975 3652 02/24/2023 $2,126.54
297976 3421 02/24/2023 $4,271.63
City of Victorville Council Payroll Report 03/01/2023Page 11 of 13 Advices
Check Number Employee ID Check Date Total Net
297977 3439 02/24/2023 $4,069.14
297978 3440 02/24/2023 $3,189.80
297979 3441 02/24/2023 $3,520.03
297980 3473 02/24/2023 $5,413.87
297981 3406 02/24/2023 $4,010.75
297982 3422 02/24/2023 $3,000.69
297983 3442 02/24/2023 $4,662.25
297984 3433 02/24/2023 $4,277.83
297985 3469 02/24/2023 $3,195.57
297986 3424 02/24/2023 $5,988.28
297987 3414 02/24/2023 $3,547.79
297988 3704 02/24/2023 $5,007.36
297989 3710 02/24/2023 $2,433.35
297990 3443 02/24/2023 $4,373.98
297991 3600 02/24/2023 $2,121.30
297992 3711 02/24/2023 $2,961.50
297993 3418 02/24/2023 $4,343.43
297994 3715 02/24/2023 $3,847.27
297995 3444 02/24/2023 $3,922.68
297996 3583 02/24/2023 $6,197.34
297997 3585 02/24/2023 $3,643.37
297998 3594 02/24/2023 $5,408.96
297999 3713 02/24/2023 $2,725.90
298000 1718 02/24/2023 $5,333.75
298001 3409 02/24/2023 $4,034.21
298002 3708 02/24/2023 $1,966.01
298003 3426 02/24/2023 $3,637.22
298004 3642 02/24/2023 $2,493.70
298005 3584 02/24/2023 $4,133.87
298006 3538 02/24/2023 $2,034.70
298007 3410 02/24/2023 $4,110.15
298008 3447 02/24/2023 $2,888.57
298009 3427 02/24/2023 $3,664.23
298010 3607 02/24/2023 $3,564.76
298011 3411 02/24/2023 $3,724.16
298012 3448 02/24/2023 $3,644.99
298013 3719 02/24/2023 $1,604.94
298014 3571 02/24/2023 $2,505.31
298015 3728 02/24/2023 $1,939.99
298016 3518 02/24/2023 $1,938.84
298017 3449 02/24/2023 $3,840.36
298018 3428 02/24/2023 $3,667.04
298019 3429 02/24/2023 $2,634.16
298020 3455 02/24/2023 $3,539.95
298021 3451 02/24/2023 $5,623.19
298022 3712 02/24/2023 $3,474.51
City of Victorville Council Payroll Report 03/01/2023Page 12 of 13 Advices
Check Number Employee ID Check Date Total Net
298023 3595 02/24/2023 $2,615.73
298024 3430 02/24/2023 $2,804.43
298025 3452 02/24/2023 $4,754.44
298026 3417 02/24/2023 $2,774.97
298027 3431 02/24/2023 $3,930.49
298028 3419 02/24/2023 $3,161.64
298029 3720 02/24/2023 $10,625.86
298030 3524 02/24/2023 $2,812.46
298031 3412 02/24/2023 $3,947.11
298032 3420 02/24/2023 $2,910.22
298033 3378 02/24/2023 $5,383.34
298034 3435 02/24/2023 $2,489.06
298035 3432 02/24/2023 $3,142.89
298036 3408 02/24/2023 $3,419.92
298037 3456 02/24/2023 $1,939.83
298038 3591 02/24/2023 $1,694.01
298039 3392 02/24/2023 $7,361.24
298040 2210 02/24/2023 $2,719.59
298041 3434 02/24/2023 $3,347.69
Advices Total 1,183,791.04
City of Victorville Council Payroll Report 03/01/2023Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 2/10/2023 $338.20
IRS 2/22/2023 $2,628.12
IRS 2/24/2023 $205,356.29
State Taxes 2/10/2023 $60.42
State Taxes 2/23/2023 $805.66
State Taxes 2/24/2023 $55,459.34
Expert Pay (CASDU) 2/24/2023 $4,392.35
Deferred Comp (457) 2/24/2023 $26,697.00
Deferred Comp (457) 2/27/2023 $50,271.95
Deferred Comp (401a) 2/27/2023 $264.13
PERS 2/28/2023 $289,141.85
VV Firefighter's Union 2/23/2023 $3,180.00
Electronic Vendor Payments Total 638,595.31
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: April 4, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Reduction of Securities for Tract Map No. 15598
Recommendation:
That the Honorable City Council:
(1) Approve an 80-percent release of the Faithful Performance Water, Sewer, Drainage, and LMAD securities;
(2) Accept the water, sewer, drainage, and LMAD public improvements; and (3) Approve a 60-percent release of the Faithful Performance Streets securities.
Fiscal Impact:
There is no fiscal Impact associated with this item.
Strategic Plan Goal:
This item aligns with Goal E., Strategy 1. in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Tract Map No. 15598 (Tract 15598) consists of five phases that are made up of a 458-lot residential lots located south of Rancho Road and east of Boh Lane. The Subdivision Improvement Agreement (SIA) with LGI Homes - California, LLC (LGI) that was recorded on January 23, 2019, is for the completion of Tract Map Nos. 15998-3, 15998-4, and 15998-5.
Discussion:
Per the Supplemental Improvement Agreement, LGI was required to complete the water, sewer, drainage, Landscape Maintenance Assessment District (LMAD), monumentation, and street improvements. At this time, all the improvements have been completed except 3 0
5 1
for the final monumentation and street improvements. Therefore, staff recommends an 80-percent release of securities for the water, sewer, drainage, and LMAD securities. Per Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful Performance securities are to be held for a one-year warranty period and the Labor & Materials securities will be held for a six-month warranty period. The public street improvements are partially completed, therefore, at this time a 60-percent release is recommended for the street securities.
Staff is available to answer any questions the Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Water, Sewer, Drainage, Street, LMAD, & Monumentation Bond Totals:
Faithful Performance $1,343,016 - Labor & Materials $671,508
Faithful Performance Security
Water Improvements – Bond No. 0751710
Labor & Materials Security
Water Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $6,930.00 Amount of ORIGINAL Security: $3,465.00 Amount of Security CURRENTLY: $6,930.00 Amount of Security CURRENTLY: $3,465.00 Amount of Security being REDUCED: $5,544.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,386.00 Amount of Security REMAINING: $3,465.00 Faithful Performance Security
Sewer Improvements – Bond No. 0751710
Labor & Materials Security
Sewer Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $10,230.00 Amount of ORIGINAL Security: $5,115.00 Amount of Security CURRENTLY: $10,230.00 Amount of Security CURRENTLY: $5,115.00 Amount of Security being REDUCED: $8,184.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $2,046.00 Amount of Security REMAINING: $5,115.00 Faithful Performance Security
Drainage Improvements – Bond No. 0751710
Labor & Materials Security
Drainage Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $9,900.00 Amount of ORIGINAL Security: $4,950.00 Amount of Security CURRENTLY: $9,900.00 Amount of Security CURRENTLY: $4,950.00 Amount of Security being REDUCED: $7,920.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,980.00 Amount of Security REMAINING: $4,950.00 Faithful Performance Security
Street Improvements – Bond No. 0751710
Labor & Materials Security
Street Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $1,260,989.00 Amount of ORIGINAL Security: $630,494.50 Amount of Security CURRENTLY: $1,260,989.00 Amount of Security CURRENTLY: $630,494.50 Amount of Security being REDUCED: $756,593.40 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $504,395.60 Amount of Security REMAINING: $630,494.50 Faithful Performance Security
LMAD Improvements – Bond No. 0751710
Labor & Materials Security
LMAD Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $5,940.00 Amount of ORIGINAL Security: $2,970.00 Amount of Security CURRENTLY: $5,940.00 Amount of Security CURRENTLY: $2,970.00 Amount of Security being REDUCED: $4,752.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,188.00 Amount of Security REMAINING: $2,970.00
Developer:
LGI Homes – California, LLC
1450 Lake Robbins Drive, Suite 430
The Woodlands, TX 77380
Faithful Performance Security
Monumentation Improvements – Bond No. 0751710
Labor & Materials Security
Monumentation Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $49,027.00 Amount of ORIGINAL Security: $24,513.50 Amount of Security CURRENTLY: $49,027.00 Amount of Security CURRENTLY: $24,513.50 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $49,027.00 Amount of Security REMAINING: $24,513.50
Attachment C
Existing Securities
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: April 4, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Second Reading of Ordinance No. 2435
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2435 adopting an amendment to the Old Town Specific Plan (OTSP) with an environmental finding of previously assessed to allow for modified land use allowances and development standards within the OTSP located generally on property bounded roughly by the Mojave River and Stoddard Wells Road to the Northeast, Eleventh Avenue to the East, Mojave Drive and Verde Street to the South and Interstate I-15 to the Northwest.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
Approval of Ordinance 2435 to allow for an amendment to the Old Town Specific Plan will enable the City to further fulfill the following Goals outlined in the 2020-2023 Strategic Plan:
•Goal C (Community and Economic Development) – Implementation of this Old Town Specific Plan amendment includes a greater range of land uses that will attract new businesses. Additionally, the allowance of Food Truck Hubs on vacant properties along Seventh Street and D Street will allow for property owners to generate revenue in a temporary or semi-permanent fashion until permanent development is proposed. The allowance for Food Truck Hubs will also generate more pedestrian oriented business activity in the Old Town area. The proposed changes outlined in the amendment will result in more business opportunities and community engagement in Old Town and are in line with the strategies of Goal C. •Goal D (Reduce Homelessness) – The expanded zone districts where Low-Barrier Navigation Centers can be permitted will allow for broader opportunities to house 2 9
9 9
the homeless as mandated by State law. Low-Barrier Navigation Centers are required to offer supportive services and focus on connecting individuals to permanent housing.
Discussion:
At the Regular City Council meeting held on March 21, 2023, the City Council voted to introduce Ordinance No. 2435, adopting an amendment to the Old Town Specific Plan (OTSP) with an environmental finding of previously assessed to allow for modified land use allowances and development standards within the OTSP located generally on property bounded roughly by the Mojave River and Stoddard Wells Road to the Northeast, Eleventh Avenue to the East, Mojave Drive and Verde Street to the South and Interstate I-15 to the Northwest.
This ordinance is being presented for adoption and once adopted, will become effective May 4, 2023.
Attachments: A. Ordinance No. 2435
1 1
4 2
2 CITY COUNCIL
ATTACHMENT A
SPA Ordinance 2435
ORDINANCE NO. 2435
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, ADOPTING AN
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN (OTSP) WITH AN ENVIRONMENTAL
FINDING OF PREVIOUSLY ASSESSED TO ALLOW FOR MODIFIED LAND USE
ALLOWANCES AND DEVELOPMENT STANDARDS WITHIN THE OTSP LOCATED
GENERALLY ON PROPERTY BOUNDED ROUGHLY BY THE MOJAVE RIVER AND
STODDARD WELLS ROAD TO THE NORTHEAST, ELEVENTH AVENUE TO THE EAST, MOJAVE DRIVE AND VERDE STREET TO THE SOUTH AND INTERSTATE I-15 TO THE NORTHWEST.
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (the “City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting the use of buildings, structures and land; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 3, Article 16, Section 16-3.14.010 of the Victorville Municipal Code, providing for the adoption by ordinance of specific regulations pertaining to buildings, structures and the uses of land designated as Specific Plans; and
WHEREAS, Pursuant to Section 16-3.14.040 of the Victorville Municipal Code, the City of Victorville has initiated an Amendment to the Old Town Specific Plan (OTSP); and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.01.040 of the Victorville Municipal Code, the Victorville Planning Commission held a public hearing on February 8, 2023, to hear arguments for and against the proposed amendment to the OTSP, and after hearing all testimony offered, and after thoroughly reviewing and considering the project, the Victorville Planning Commission
voted 4 – 0 adopting Resolution No. P-23-005, which recommended to the City Council the adoption of the Specific Plan Amendment specified in Planning Case No. PLAN22-00026; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville City Council previously adopted a Mitigated Negative Declaration for the Old Town Specific Plan Update in 2018; and WHEREAS, the City Council finds on their own independent judgement and analysis that this Amendment to the OTSP is previously assessed under the existing Mitigated Negative Declaration for the Old Town Specific Plan and additionally it can be seen with certainty that there is no possibility the changes will have a significant effect on the environment and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines; and
WHEREAS, the City Council finds it appropriate to reevaluate the OTSP as needed to protect the public’s health, safety and welfare; and WHEREAS, the City Council finds, in accordance with Section 9.4 of the OTSP entitled ‘Plan Administration’:
a. Changes have occurred in the community since the approval of the original Specific Plan which warrant approving the proposed amendment, including changes to state law and increase of homelessness; and
b. Lack of changes in the Old Town area (e.g. no growth, development, or use/reuse of existing structures) may be attributed to the standards and requirements of the Old Town Specific Plan; and
c. The proposed amendment is consistent with the General Plan for the City of Victorville; and
d. The proposed amendment will result in a benefit to the area within the Specific Plan due to a reduction in homelessness and more business opportunities within the OTSP; and
e. The proposed amendment will not result in any unmitigated impact to adjacent properties, since the expansion of land use allowances will primarily be approved on improved sites within established commercial corridors; and f. The proposed amendment will enable the delivery of services and public facilities to the population within the area of this Specific Plan; and WHEREAS, The City Council finds that such assessments allow the City to avoid preventable negative effects on the economy, such as loss of potential tax revenue, and to be in a position to benefit from the expansion of a broader commercial market; and WHEREAS, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Proposal the City Council approved the recommendation of the Planning Commission to amend the Old Town Specific Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.
Section 2. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 3. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.
Section 4. Repeal of Conflicting Provision
All the provisions of the Old Town Specific Plan as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
Section 6. Amendment to Old Town Specific Plan
That Specific Plan Amendment, case PLAN22-00026, an amendment to the Old Town Specific Plan is hereby amended and approved as follows:
Legend
Existing Text
Deleted Text
Revised / New Text
{Editing Notes}
Amendments to Chapter 4, Land Use Plan
{Figure 4.2 Land Use Table shall be amended as follows:
Land use districts are shown as acronyms in the following table. Refer to the land use map in the Old Town Specific Plan for full names}
Table 4.2 Permitted Uses
P = Permitted; C = Conditional; – = Not Permitted
LAND USE CLASSIFICATION
RM(O) RMH MUR MURO MUS MUSO CA LI OS AOS
Residential Use Listings
Adult Day Care Home (less than
24-hour care, 1–6 adults) P P – – – – - – – –
Residential Care Home (24-hour
care, 1–6 adults) P P – – – – - – – –
Child Day Care Facility C C C – C – – – –
Cluster Housing P P – – – – - – – –
Dwelling, Accessory Unit P P – – – – - C – –
Dwelling, Multi-Family P P C2 – C 2 – - C – –
Dwelling, Single-Family P - - - - - - - - -
Dwelling, over ground-floor office
or retail – – P P 1 P P1 - P – –
Emergency Shelter C C C – C – - – – –
P = Permitted; C = Conditional; – = Not Permitted
LAND USE CLASSIFICATION
RM(O) RMH MUR MURO MUS MUSO CA LI OS AOS
Family Day Care Home, Large (1–
14 children) C C – – – – - – – –
Home Occupation P P P – P – - P – –
Live/Work Facility C C P – P C - P – –
Low-Barrier Navigation Center P4 P P P P P P - P - -
Community Service Use Listings
Assembly Use (e.g., church, club,
lodge, mortuary, social hall) C C C – C – C – C C
Clothing/Meal/Supply Distribution C C - - - - - - - C
Community Center/Civic Uses – – P C P – P C C P
Community Garden P P P C P C P C P P
Equestrian Uses - - - - - - - - P C
Indoor Amusement/Entertainment – – C C C C - – – P
Indoor Fitness and Sports Facilities – – C C C C P – C P Libraries and Museums – – P C P C C – C C
Outdoor Commercial Recreation – – – – – – C – C P
Parks and Public Plazas P P P P P P P P P P
Public Safety Facility P P P
P
(1K
SF
max)
P
P
(1K
SF
max)
C P C P
Schools – Public P P P – P – P C – –
Schools – Private P P P – P – C C – –
Schools – Vocational P P P C P P C C – –
Theatres and Auditoriums – – P C P C P C C C
Utility, Transportation and Communication Use Listings
Park-and-Ride Facility – – P – P – - P – –
Railroad Maintenance Yard - - - - - - - C - -
Telecommunications Facility C C P – P – - C C C
Transit Stations and Terminals – – P P P P - P – –
Utility Facility and Infrastructure – – – – C – - C C C
P = Permitted; C = Conditional; – = Not Permitted
LAND USE CLASSIFICATION
RM(O) RMH MUR MURO MUS MUSO CA LI OS AOS
Retail, Service, and Office Listings
Alcoholic Beverage Sales (Off Sale)
3 – – C C C C - – – –
Art studio - - P P P P - C - -
Banks and Financial Services – – P P1 P P - – – –
Bed and Breakfast Inn P P P P1 P P - – – –
Brew Pub or Micro-brewery (ABC
Type 23) - - C C C C - C - -
Business Support Services – – P – P P - P – –
Convenience Store C C P – P P - C – –
Drive-in/Drive-through Sales &
Services – – – – C C - – – –
Grocery Store (30K SF max) – - P P P P - – – –
Home Improvement Supplies (SF
max) – – P(3K) P(3K) P(5K) P(5K) - – – –
Hotels/Motels – – P P P P - – – –
Laundromat - - P - P - - C - -
Medical Services – General – – C P –P P P - – – –
Neighborhood Market C C P P P P - – – –
Office – Business and Professional – – P P1 P P - P – – Office – Accessory – – P – P P - P – –
Personal Services – – P P P P - C – –
Personal Services, Restricted – – C – C C - – – –
Pet Shop & Grooming – – P P P P - – – –
Plant Nursery (Retail) – – C – P – - – – –
Research & Development – – – – – – - P – –
Restaurants (including beer and
wine) – – P P P P - C – –
Restaurants (including liquor) – – C C C C - - – –
Retail Accessory – – P P P P - P – –
Retail General – – P P P P - C – –
Retail Restricted – – C – C – - C – –
P = Permitted; C = Conditional; – = Not Permitted
LAND USE CLASSIFICATION
RM(O) RMH MUR MURO MUS MUSO CA LI OS AOS
Thrift Stores - - P P P P - C - -
Veterinary Facility – – P – P – - – – –
Auto Parts Sales – – – – P – - – – –
Auto Repair - - - - C C - - - -
Car Wash (full service) and
Detailing – – – – C C - – – –
New and Used Auto Sales - - - - C C - - - -
Service/Gas Station – – – – C C - – – –
Industrial, Manufacturing, and Processing Use Listings
Custom Manufacturing – – – – – – - P – –
Cottage Industry C C P – P – - P – –
Printing and Publishing – – – – C – - P – –
Recycling Facility – Collection – – – – C – - P – –
Other Similar Uses as Determined by the Zoning Administrator or the Planning Commission Similar Uses C/P C/P C/P C/P C/P C/P C/P C/P C/P C/P
Transitional Uses that are Temporary in Nature on Vacant Land Transitional Uses C – – – – – - - – –
1 Entrances/foyers/lobbies to above-ground residential units businesses are permitted in this district, not to exceed 650 SF. 2 When built with a mixed-use commercial component
3 Refer to Municipal Code Section 16-3.07.020(a) Alcohol Sales 4 On a minimum 2.5-acre building site
Amendments to Chapter 4, Land Use Plan:
{Section 4.6.2 Emergency Shelters shall be eliminated and in its place will be standards for Low-Barrier Navigations Centers, as shown below.}
4.6.2 Emergency Shelters Low-Barrier Navigation Centers a) An emergency shelter may include general office activities and provide for services clients such as, donations, mail reception, referral services, job placement services, worship, bible study, group meetings and clothing assistance.
b) The maximum length of stay for a resident(s) of an emergency shelter shall be six months. c) An emergency shelter shall be at a minimum of 1,000 feet from a nursing home, school, public park, assembly facility or another homeless shelter. However, due to the scale of Old Town, the Planning Commission can approve exceptions through the Conditional Use Permit process. d) Emergency shelters shall be located within ½ mile of a public transportation facility or bus stop.
e) Off-street parking shall be provided at the ratio of one on-site parking space for every ten adult beds, plus one additional space for the on-site manager. No client shall sleep or live within a motor vehicle on the shelter property at any time.
f) All shelters shall meet and comply with all Local, County and State Health and Safety codes and laws such as, but not limited to, the California Building Code, the California Fire Code and the San Bernardino County Division of Environmental Health Services. g) Prior to occupancy, an emergency shelter must be inspected to ensure all standards are met. No facility may operate unless all requirements are satisfied. h) Yard sales are limited to three (3) consecutive days and up to four times per calendar year. Car washes are limited one day and up to four times per calendar year. Both events must have all applicable permits approved and all fees paid.
i) Any outdoor or indoor event/use not specifically permitted with an emergency shelter shall require review and approval of a Temporary Use Permit by the Development Department subject to the discretion of the Zoning Administrator.
j) There shall be no outdoor storage permitted, including but not limited to, clothes lines, and shopping carts.
k) Loitering or panhandling at or near emergency shelters is prohibited, including but not limited to, businesses, sidewalks, parking lots, public parks, rights-of-way or other private properties. l) The intake or gathering of homeless for meals, temporary uses or events shall occur in an enclosed or screened area and the queuing of any individuals shall not be visible from the right-of-way. m) On-site personnel shall be provided during all hours of operation and a designated area shall be maintained for such personnel near the main entry of the facility. n) Each emergency shelter must designate and maintain set hours of operation for intake and discharge and must clearly display the hours of operation at the entrance. o) An emergency shelter shall not admit any person who is wanted by the police or has been convicted of a violent crime. The operator shall conduct a background check using the Megan's Law database and restrict client intake in accordance with state sex offender residency restrictions. p) Each emergency shelter shall submit, on a monthly basis, the names and number of homeless personnel to the Police Department.
q) An emergency shelter shall provide a detailed security plan for review and approval to the Development Department prior to operation. Any violation of the approved security plan shall be grounds for the revocation of the business/occupancy license. r) A restroom facility shall be provided for every twenty clients residing at the emergency shelter.
Separate and secured areas shall be provided for both men and women for sleeping, showering and restroom facilities. The homeless shelter manager shall be responsible for ensuring that all restroom and showering facilities comply with city and state building codes. s) All emergency shelters must obtain a business license and an occupancy permit from the Development Department.
t) Any food service or on-site meal preparation areas shall comply with all applicable City of Victorville and San Bernardino County Division of Environmental Health Services requirements. u) Food, clothing, hygiene or supply distribution to any persons other than those admitted to the homeless shelter shall be prohibited.
Low-Barrier Navigation Centers are permitted by-right in zones that allow for mixed-use and multi-family developments, and include the RM, RMO, MUR, MURO, MUS, MUSO, and LI zone districts. As further defined in the Glossary of Appendix A, a Low-Barrier Navigation Center is a housing first, service-enriched shelter focused on moving homeless and homeless families into permanent housing and provides temporary living facilities while on-site case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing and is subject to the operational and site requirements listed herein.
a) Operational Requirements
In accordance with CA Government Code requirements, a Low Barrier Navigation Center development shall meet the following requirements:
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. Referrals and intakes of persons into a Low Barrier Navigation Center shall not occur as walkups. The facility shall be linked to a coordinated entry system, so that assessments are conducted prior to persons arriving for admittance to the facility. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d)(d) or Section 578.7(a)(8)(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, which includes the incorporation of the Core Components of Housing First:
i. Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services.
ii. Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of "housing readiness."
iii. Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.
iv. Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals.
v. The use of alcohol or drugs in and of itself, without other violations, is not a reason for eviction.
vi. In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than "first-come-first-serve," including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. vii. Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. viii. Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants' lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.
ix. The facility may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5. The operator should participate in local coordination meetings with other service providers to ensure continuity of care.
b) Site Requirements
In conjunction with Title 16 design standards, a proposal for a low-barrier navigation center shall address the following:
1. A low-barrier navigation center may include general office activities and provide for services for clients such as donations, mail reception, referral services, job placement services, worship, bible study, group meetings and clothing assistance.
2. Off-street parking shall be provided at the ratio of one on-site parking space for every ten adult beds, plus one additional space for the on-site manager. No client shall sleep or live within a motor vehicle on or off the shelter property at any time.
3. All low-barrier navigation centers shall meet and comply with all Local, County and State Health and Safety codes and laws such as, but not limited to, the California Building Code, the California Fire Code and the San Bernardino County Division of Environmental Health Services.
4. Prior to occupancy, a low-barrier navigation center must be inspected to ensure all standards are met. No facility may operate unless all requirements are satisfied.
5. Any outdoor or indoor event/use not specifically permitted with a low-barrier navigation center shall require review and approval of a Temporary Use Permit by the Development Department subject to the discretion of the Zoning Administrator.
6. There shall be no outdoor storage permitted, including but not limited to, clothes lines and shopping carts.
7. Loitering or panhandling at or near low-barrier navigation centers is prohibited, including but not limited to, businesses, sidewalks, parking lots, public parks, rights-of- way or other private properties.
8. Supportive services and supplies shall only be provided to those persons residing in the Low-Barrier Navigation Center and must take place within an enclosed building.
9. On-site personnel shall be provided during all hours of operation and a designated area shall be maintained for such personnel near the main entry of the facility.
10. A low-barrier navigation center shall provide a detailed security plan for review and approval to the Development Department prior to operation. Entries and exits from the facility shall be always monitored by on-site personnel. Any violation of the approved security plan shall be grounds for the revocation of the business/occupancy license.
11. Restroom facilities shall be provided in accordance with regulations outlined in the current adopted California Plumbing Code or as otherwise required by the Building Official. Separate and secured areas shall be provided for both men and women for sleeping, showering and restroom facilities. The navigation center manager shall be responsible for ensuring that all restroom and showering facilities comply with city and state building codes.
12. All low-barrier navigation centers must obtain a business license and an occupancy permit from the Development Department.
13. Any food service or on-site meal preparation areas shall comply with all applicable City of Victorville and San Bernardino County Division of Environmental Health Services requirements.
c) Review Process
Though the use itself is permitted by-right as defined in subdivision (i) of Section 65583.2.
Division 13 (commencing with Section 21000) of the Public Resources Code, the law permits a local government to implement design review standards to the proposal.
1. Each proposal for a low-barrier navigation center shall go through a Site Plan review process to ensure that the operational requirements and site requirements included herein are addressed, and that the proposal meets the definition of a Low-Barrier Navigation Center.
2. In conjunction with the Site Plan review, an applicant for a Low-Barrier Navigation Center shall submit their business proposal and include their previous experience to determine land use compatibility and compliance with the operational requirements of the facility. d) Effective Date
The allowances for Low Barrier Navigation Centers within the Old Town Specific Plan shall remain in effect until January 1, 2027, as outlined in California Government Code Section 65668, and as of that date are thereby repealed unless otherwise extended by the State legislature.
{Section 4.8 Temporary Uses shall be added to as follows, with existing text remaining in place.}
4.8 Temporary Uses
Temporary uses are limited short term uses that help generate additional pedestrian activity in Old Town to increase awareness, interest and revenue for local businesses as well as to encourage the community to gather. Such activities include, but are not limited to, Farmers Markets, Route 66 Car Shows, Grand Openings, Special Events, Community Events and Public Events. Those temporary uses that are deemed beneficial to the Old Town area economically and/or socially and are open to the public as well as free of charge shall not be subject to the typical fees incurred by a City issued Temporary Use Permit. The Zoning Administrator shall determine if any given Temporary Use is qualified for a fee waiver through the Temporary Use permitting process per Section 16-3.07.050 of the VVMC.
In addition, specific site design and operational standards shall apply to certain longer-term temporary activities such as mobile food truck hubs, as outlined in Section 4.8.1:
4.8.1 Mobile Food Truck Hubs
This section shall apply only to the establishment of food truck hubs with two or more mobile food truck vendors set up on private property within the Mixed-Use Retail Overlay and Mixed-Use Service overlay zone districts. This section shall not apply to sidewalk or street vending. Additionally, this section shall not apply to a single food truck temporary use, which would be held to Title 16 standards for a Temporary Use Permit, excepting for “Special Event Permit” requirements.
a) Food Truck Hub Permit Application and Review
1. A Temporary Use Permit shall be reviewed and processed in accordance with Title 16 Temporary Use Permit standards, excluding time limitations and Special Event Permit findings as outlined in Section 16-3.07.050.
2. An application for a Temporary Use Permit (TUP)to allow for a food truck hub shall be submitted to, reviewed, and approved by the Planning Department in consultation with any other applicable reviewing City departments. A complete application including a site plan, property owner authorization, Health Department approvals, proof of City of Victorville Business Licenses, evidence of liability insurance, and other items as deemed necessary by staff shall be submitted to the City for review.
b) Food Truck Hub Operational Requirements
1. All food truck hubs shall require the approval of a Temporary Use Permit which includes site layout review and verification of written property owner approval. Only the property owner or a party designated as the owner's agent may submit a food truck hub application. The food truck vendor, event sponsors, and/or property owner, shall be jointly responsible to ensure food trucks are in full compliance with the operational standards of this chapter.
2. Hours of Operations. Mobile food vendors shall be prohibited from operating between the hours of 10:00PM to 6:00AM. Cleanup and vacation of site shall occur prior to 11:00PM.
3. A Temporary Use Permit for a food truck hub permit may be approved for a maximum period of six months at a time. Permit is renewable if no confirmed violations have been reported or have been appropriately resolved. If substantial changes to the event as approved by the original application are proposed, a new application shall be required.
4. All food truck vendors shall obtain, maintain, and display in plain view, a current and valid City of Victorville Business License and San Bernardino County Health Department Permit.
Food truck vendors shall be fully responsible for complying with County Health Department requirements for the operation of the food truck, including but not limited to the storage, cooking, and serving of food items.
5. All food trucks shall be occupied and supervised by the permitted owner or authorized operator of said vehicle at all times.
6. Food trucks shall only stop, stand, or park on surfaces paved with concrete, asphalt, or a clean gravel surface as approved by the City Engineer.
7. All food preparation, cooking and storage shall occur inside the permitted vehicle or at an approved commissary off site.
8. Only food and non-alcoholic drinks shall be sold from food trucks. Alcoholic beverages may be allowed subject to City approval and authorization from the Department of Alcoholic Beverage Control (ABC).
9. No food shall be prepared, sold, or displayed outside of the food truck vehicle.
10. Food truck vendors and event organizers shall be responsible for managing customer queuing and for ensuring that safe pedestrian accessibility is maintained. While operating a food truck vehicle, vendors shall keep customers and other patrons from blocking any streets, sidewalks, paths, driveways, doorways, and other avenues of vehicular and pedestrian traffic.
11. Food trucks shall be maintained in a clean and presentable condition at all times free from graffiti, body damage, or obvious signs of deterioration (e.g., peeling paint, rust, etc.).
12. All grounds used by a food truck vendor shall be maintained at all times in a clean and presentable condition. Any trash or spills of food by-products shall be immediately cleaned up, and dumping of gray water onto the ground or public streets shall not be allowed.
13. Grease and liquid waste shall not be disposed of in or upon unapproved locations, including tree wells, storm drains, sanitary sewer systems or public streets. The food truck vendor shall collect and properly contain any new or used fat, oil, or grease substances, and shall remove from the premises said substances for disposal at an approved facility.
14. Each approved food truck shall provide a minimum of one trash receptacle and ensure that it is properly serviced to avoid accumulation of litter. All containers and their contents shall be removed from the site at the conclusion of business activities. No refuse or waste generated during the event shall be disposed in any public trash receptacle.
15. All food trucks shall be entirely self-sufficient in regards to utilities (e.g., gas, electricity, water, etc.) necessary to operate independently and efficiently.
16. Food truck hubs are subject to the City of Victorville Noise Ordinance. No horns, amplification systems, sound-producing devices/music systems, radios, televisions, which can be heard outside of the immediate area of any mobile food truck, may be used.
17. No overnight parking of a food truck or trailer shall be permitted. Food trucks shall be removed from the site when not in operation and/or at the end of an approved event. c) Food Truck Hub Site Requirements
1. Food trucks operating for more than one hour at an approved event shall provide customers and employees access to restroom facilities within 200 feet of the food truck location. Restroom facilities shall include operational toilets and hand-washing facilities
with potable water, soap, and paper towels. The number of provided restrooms shall meet the minimum required to support the event pursuant to the current adopted California Plumbing Code or as otherwise required by the Building Official.
2. Parking. Three off-street parking spaces shall be provided on-site per each approved food truck. This parking requirement may be waived if public parking is available within 200 feet of the permitted food truck hub. Public parking is considered street parking or parking within a shared off-street parking facility with written approval from the property owner for the use of the lot.
3. Wayfinding signage shall be placed on-site to direct patrons to approved parking facilities.
The submitted site plan shall include the proposal for patron parking.
4. Site amenities such as trash receptacles, tables, chairs, lighting, etc. may be proposed to remain on-site in a semi-permanent fashion provided there is oversight by the property owner to prevent loitering during non-business hours.
5. All trucks shall provide lighting to illuminate the area of business, unless the site is already well-lit, subject to the review and approval of the Zoning Administrator.
6. The applicant shall make an effort to create an appealing site environment that incorporates the retro styling of Route 66. This can be accomplished through the inclusion of temporary or semi-permanent features such as raised flower beds, furnishings, bistro lighting, and signage.
d) Prohibited Activities
No food truck vendor or sponsor of a food truck event shall:
1. Operate a food truck event in a manner that would create a public or private nuisance;
2. Knowingly allow any person on the site of a food truck event, to cause or create a disturbance in, around, or near the location of the event by offensive or disorderly conduct;
3. Knowingly allow any person to consume, distribute, possess, or sell any alcoholic beverage on the site of the food truck event, except as expressly allowed as a condition of the permit and in compliance with the laws and regulations enforced by the State Department of Alcoholic Beverage Control;
4. Knowingly allow any person to illegally consume, distribute, possess, or sell any controlled drug or dangerous substance in, around, or near any location of a food truck or food truck event; or
5. Sell non-food items or the perform any professional or personal services from a food truck.
Food and clothing giveaways are strictly prohibited.
e) Suspension or Revocation of a Food Truck Hub Permit
All violations of this section are declared to be a public nuisance and may be abated by the City in such manner as provided by law. The City may suspend or revoke any food truck hub permit issued pursuant to this chapter based upon reasonable cause, which may include any one or more of the following reasons:
1. Nonpayment of required fees or deposits to the City;
2. Violation of any permit condition;
3. Violation of any law involving the operation of the food truck event; or
4. An emergency situation constituting an immediate threat to the public health, safety or welfare as determined by the Director and/or Chief of Police.
Amendments to Appendix A Glossary
{Add and revise the following definitions:}
•Low-Barrier Navigation Center. A housing first, low-barrier, service-enriched shelter facility on a minimum of 2.5 acres focused on moving homeless and homeless families into permanent housing and provides temporary living facilities while on-site case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
A housing-first, service-enriched shelter occupiable to a client 24-hours a day, focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" involves best practices to reduce barriers to entry, and may include, but is not limited to, the following:
•The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. •Pets
•The storage of possessions.
•Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
•Food Truck. A licensed, motorized vehicle or mobile food unit licensed by the Department of California Department of Motor Vehicles, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
•Food truck hub. A temporary or semi-permanent establishment on private property where more than two mobile food truck businesses congregate to offer food or beverages for sale to the public.
Item Number: 6
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Approval of Final Tract Map No. 20560
Recommendation:
That the Honorable City Council:
1) Approve Final Tract Map No. 20560;
2) Approve the Subdivision Improvement Agreement between the subdividers, Bear Valley Development Company, LLC and Bear Valley Road and 2nd Avenue, LLC, and the City; and
3) Accept bonds and cash as security for the public improvements from the subdividers.
Fiscal Impact:
If approved, a deposit of $4,092 will be made to the Engineering’s Deposit trust Account No. 600-23130 for the Monumentation security. As it is a trust account, there will be no net fiscal impact to the budgeted Engineering Department accounts.
Strategic Plan Goal:
This item aligns with Goal E., Strategy 1. in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
The Victorville Connection is a project that will provide a mixed-use development that includes 376 multi-family dwelling units comprised of one, two, and three-bedroom apartments, as well as 230,632 square feet of commercial space that will accommodate a mix of retail, restaurant, office, and storage uses. The project also included a Tentative Tract Map to subdivide the underlying land into separate parcels and the entire project area will be unified by a Planned Unit Development zoning designation that will ensure site and building design, site access, pedestrian connections, parking, landscaping, and 3 0
4 9
other development standards are coordinated throughout the site. The project was recommended for City Council approval by the Planning Commission at their August 10, 2022, Planning Commission meeting, with the City Council approving the Planned Unit Development (PUD) and associated entitlements at the September 6, 2022, City Council meeting.
A final tract map is required to subdivide five or more parcels of land for a residential subdivision in accordance with Victorville Municipal Code (VMC) Section §17.32.010. The subdivider is required to install public improvements in accordance with VMC §17.64.010.
Improvement plans prepared by a registered civil engineer are submitted to the Engineering Department for review and approval to assure that City standards and the conditions of approval placed on the subdivision are satisfied. A Subdivision Improvement Agreement (SIA) and improvement securities to assure the completion of these public improvements are also required in accordance with VMC Sections 17.64.050 and
17.64.060.
An engineer’s cost estimate of the public improvements is used to determine the dollar amount of the improvement security required and must also be submitted to the Engineering Department for review and approval.
Discussion:
Bear Valley Development Company, LLC and Bear Valley Road and 2nd Avenue, LLC, the subdividers, have requested the approval of Tract Map No. 20560 (Tract 20560) which includes a total of 18 parcels. Tract 20560 is located north of Bear Valley Road, east of Third Avenue, and west of Second Avenue, please see Attachment A.
The conditions of approval for the final tract map have been satisfied and all required documents have been received by the City. These documents include:
1. Final Tract Map signed by the owner (Attachment B)
2. Approved improvement plans
3. Approved Engineer’s cost estimate
4. Subdivision Improvement Agreement (Attachment C)
5. Improvement security (Attachment D)
The subdividers have been conditioned to complete the public improvements that include, but are not limited to the following:
•The extension of Third Avenue from existing development to Bear Valley Road •The construction of a new traffic signal at Third Avenue and Bear Valley Road •The road widening of Second Avenue that will provide a dedicated right-turn pocket for southbound traffic on Second Avenue to Bear Valley Road •A traffic signal-modification at Second Avenue and Bear Valley Road •The construction of a raised median on Bear Valley Road between Second Avenue and Third Avenue
•The removal and replacement of deficient sidewalk to meet ADA Standards •The installation of a new commercial driveway on Bear Valley Road 3 0
4 9
•The installation of streetlights on Second Avenue, Third Avenue, and Bear Valley Road
•Required water and sewer connections
Staff recommends that the City Council approve the Tract Map No. 20560, SIA, and accept the improvement securities.
Staff remains available to answer any questions the Council may have.
Attachments: A. Vicinity Map
B. Tract Map 20560
C. Subdivision Improvement Agreement
D. Improvement Securities
Attachment A
Vicinity Map
Vicinity Map
Attachment B
Tract Map 20560
Attachment C
Subdivision Improvement Agreement
RECORDING REQUESTED BY
CITY OF VICTORVILLE
WHEN RECORDED RETURN TO:
CITY OF VICTORVILLE
ENGINEERING DEPT.
14343 CIVIC DR.
VICTORVILLE, CA 92392
APNs 3091-221-03 thru 10; 3091-221-12 thru 21
SPACE ABOVE FOR RECORDER’S USE
RECORDING OF THIS DOCUMENT IS FEE-EXEMPT
UNDER GOVERNMENT CODE SECTIONS 6103, 27383, AND 27388.1(2)(D)
SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No. 20560
CASE PLAN21-00023
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Victorville, a California municipal corporation and charter City, hereinafter referred to as “City”, and Bear Valley Development Company, LLC, a California limited liability company and Bear Valley Road and 2nd Avenue LLC, a California limited liability company (hereinafter collectively referred to as “Subdivider”). City and Subdivider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”.
RECITALS
WHEREAS, this Agreement is executed pursuant to the provisions of the California Subdivision Map Act, Government Code section 66410 et seq. (the “Map Act”) and the ordinances and regulations of the City relating to the filing, approval, and recordation of subdivision maps, including without limitation, Title 17 and the applicable provisions of Title 16 of the Victorville Municipal Code (the “VMC”). The Map Act and the aforementioned ordinances and regulations of the City are collectively referred to hereinafter as the “Subdivision Laws” and Subdivider acknowledges familiarity with said Subdivision Laws and hereby agrees to comply therewith; and
WHEREAS, Subdivider is currently the record fee owner of that certain real property situated in the City of Victorville, County of San Bernardino, State of California, as more particularly described in Exhibit A, attached hereto (hereinafter called the “Subdivision”); and WHEREAS, Subdivider has presented to the City for approval a final subdivision or parcel map, tentatively approved as Tract Map No. 20560, as more particularly depicted in Exhibit B attached hereto (hereinafter called the “Map”), recorded in Map Book _______, Pages _______, through _______, inclusive in the office of the recorder of San Bernardino County, California (the “County Recorder”); and WHEREAS, Subdivider has requested approval of the Map prior to the construction and completion of the associated required public improvements which are a part of, appurtenant to, or outside of the Subdivision designated in the Map, including installation of all streets, highways, public ways, sidewalks, curbs, gutters, storm and other drainage facilities, public utility facilities, recreation facilities, median and parkway landscaping and irrigation, and such other public improvements required by the Subdivision Laws and/or the conditions of approval imposed on the Subdivision, as set forth on the Map, in City Planning Commission Resolution Nos. P-22-028 and P-22-029, and in City Council Resolution Nos. 22-098 and 22-099, (collectively the “Conditions of Approval”); and
1 S:\ENGINEERING\DEVELOPMENT\ENTITLEMENT - PLANNING\PLAN CASES\2021\PLAN21-00023 VICTORVILLE CONNECTION\23.04.04 STAFF REPORT\23.03.20 002.4-20230127 SIA. DRAFT (JMA) 02.28.23 COV (KO).DOCX
WHEREAS, the public improvements described and conditioned as set forth in the preceding recital (collectively hereinafter the “Required Improvements”), shall be constructed and installed in accordance with the plans and specifications for said Required Improvements, which plans and specifications are now on file in the office of the City Engineer of City (“City Engineer”).
NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications therein offered, and in order to ensure satisfactory construction and installation by Subdivider of the Required Improvements under the Subdivision Laws, the current costs of which have been estimated and included in the attached Exhibit C (the “Engineer’s Cost Estimate”), the Parties hereto hereby agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and performed, at Subdivider’s own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer, all of the construction and other related work necessary to install the Required Improvements for this Subdivision in accordance with the plans and specifications on file as herein specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. All such construction, installation and other related work shall be performed at Subdivider's sole expense.
2. Work: Places and Grades to be Approved by Engineer
All work for said Required Improvements is to be done to the satisfaction of the City Engineer, and at the places, with the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, heretofore approved by the City Engineer and which are now on file in his office, (hereinafter collectively the “Approved Plans”). Any actual work of surveying shall be performed by the Subdivider’s engineer.
3. Specifications
(a) The Required Improvements and work embraced herein shall be done in accordance with the provisions of the Greenbook Standard Specifications for Public Works Construction, as adopted by the Greenbook Committee, current edition, insofar as they may apply (hereinafter the “Greenbook Specifications”), and the City of Victorville Standard Specifications for Public Improvements (hereinafter the “City Standard Specifications”). Whenever in the Greenbook Specifications the following terms are used, they shall be understood to mean the following:
(1) Agency: City of Victorville, California.
(2) Board: Victorville City Council
(3) Engineer: Whenever the term is not qualified, shall mean the City Engineer of the City of Victorville, California acting either directly or through his properly authorized agents, each agent acting only within the scope of the authority delegated to him. (4) Laboratory: The laboratory to be approved by the City of Victorville to test materials and work involved in the construction provided for under this agreement. (b) In case of conflict between the Greenbook Specifications and the City Standard Specifications, the City Standard Specifications shall prevail. (c) In case of conflict between the Greenbook Specifications, the City Standard Specifications, and the Approved Plans and this Agreement, the Approved Plans and this Agreement shall take precedence over and be used in lieu of such conflicting portions of the Greenbook Specifications or City Standard Specifications.
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4. Work: Time for Completion
The City hereby fixes the time for the completion of said work to be within two (2) years after the date this Agreement is fully executed by all Parties and is recorded with the County Recorder. (the “Completion Date”). At least two (2) calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.
5. Time of Essence - Extension
Time is of the essence in this Agreement; provided, that in the event good cause is shown therefor, the City Manager or the City Council may extend the Completion Date. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not relieve the surety’s liability on the bond to secure the faithful performance of this Agreement. The City Manager or the City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. All references to the City Manager in this Agreement shall be deemed to include his/her duly authorized designees.
6. Repairs and Replacements
Subdivider shall replace or repair, or have replaced or repaired, as the case may be, all pipes and monuments shown on the Map which have been destroyed or damaged. Subdivider shall also replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or any public or private utility corporation, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer, not to be unreasonably withheld. In lieu of making the aforementioned replacements and repairs to any property damaged or destroyed by the work, Subdivider may pay to the owner(s) of said property, the reasonable cost of such replacement or repair.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Required Improvements, give all necessary notices, and pay all fees and taxes required by law.
Subdivider agrees to procure, at his expense, any necessary permits required for the opening of any State or county roads or easements outside the jurisdiction of City.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said Required Improvements, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times provide safe access for inspection by City to all parts of the work, and to the shops wherein the work is in preparation.
10. Contract Security
(a) Concurrently with the execution hereof, Subdivider shall furnish to City securities in the types and amounts specified below, which are based upon the approved Engineer’s Cost Estimate for completion of the Required Improvements, as more particularly described in Exhibit C attached hereto:
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(1) Performance security in an amount equal to at least one hundred percent (100%) of the approved Engineer’s Cost Estimate as security for the faithful performance of this Agreement.
(2) Labor and materials security in an amount equal to at least fifty percent (50%) of the Engineer’s Cost Estimate as security for the payment of all persons performing labor and furnishing materials in the construction of this tract, including any claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code.
(3) Monument security in the amount of one hundred percent (100%) of the total Engineer’s Cost Estimate for the installation of survey monuments, to guarantee and secure the placement of such monuments.
(b) The securities specified above shall be in the form of cash deposits, an irrevocable letter of credit which meets the requirements of VMC Section 17.64.060(a)(3), or bonds provided by a corporate surety admitted by the California Department of Insurance to transact surety insurance business in California (with a Best’s Insurance Guide rating of no less than A-) and written on such forms as may be provided by State statute (Map Act Sections 66499.1 and 66499.2) for such purposes and approved by the City, or in such other form as may be provided for by law and satisfactory to City.
11. Defense, Indemnification, and Hold-Harmless Agreement (a) To the fullest extent permitted by law, Subdivider agrees to and shall defend, indemnify, and hold harmless the City, its officers, employees, agents, and elective and appointive boards from and against any and all claims, losses, damages, including property damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, its contractors or subcontractors, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, its contractors or subcontractors, save and except those matters arising from the sole, active negligence of the City. (b) This defense, indemnification, and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring within two (2) years after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same. (c) Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense, indemnification, and hold harmless provision. Subdivider’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City.
(d) The Parties intend that this Section 11 shall be broadly construed to effectuate its purpose.
12. Subdivider’s Insurance
(a) All insurance requirements contained in this Agreement are applicable to any contract entered into by Subdivider and/or any of Subdivider’s contractors, subcontractors, agents and/or employees. Subdivider shall not commence any work under this Agreement until Subdivider has obtained all insurance required under this Section, nor shall Subdivider allow any contractor or subcontractor to commence work on any contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. Subdivider shall provide the City with not less than thirty (30) days’ notice prior to the cancellation, reduction or termination of any insurance coverages required by this section.
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(1) Comprehensive General Liability Insurance. Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Comprehensive General Liability insurance (including contractual liability), of not less than Two Million Dollars ($2,000,000) per occurrence, and Four Million Dollars ($4,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Subdivider or its officers, employees, servants, volunteers, and agents and independent contractors. (2) Commercial Vehicle (Automobile) Liability Insurance. Subdivider shall further procure and maintain, at its own expense, during the initial term of this Agreement (and during any extension periods) 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 Subdivider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement. (3) Workers’ Compensation Insurance. Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Workers’ Compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by the Subdivider pursuant to this Agreement is not protected by the California State Workers’ Compensation Law, Subdivider shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(4) Additional Named Insured. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers’ Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds. (5) Waiver of Subrogation Rights. Subdivider shall require the carriers of the Commercial General Liability and Commercial Vehicle Liability insurance policies to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(6) Proof of Insurance Coverage; Required Endorsements. Subdivider 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 the following policy endorsements, at least one (1) business day prior to commencement of any work required under this Agreement.
(A) 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.
(B) 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.
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(C) Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the initial term (and during any extension periods) of this Agreement.
(D) The Comprehensive General Liability and Commercial Vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Subdivider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Subdivider’s insurance and shall not contribute with it.”
(b) All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
13. Title to Required Improvements; Risk of Loss
Title to, and ownership of all Required Improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Required Improvements by City. Until such time as the Required Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Required Improvements constructed or installed and shall be responsible for the care, maintenance of, and any damage to such Required Improvements. Neither City, nor any of its agents, officers, or employees shall be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the Required Improvements prior to the completion by Subdivider and acceptance of same by City.
14. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%).
15. Subdivider not Agent of City
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.
16. Cost of Engineering and Inspection
Subdivider shall pay City in accordance with Title 17 of the VMC, for all engineering, inspection, and other services furnished by City in connection with the Subdivision.
17. Default; Notice
The following events shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement. In the event of Subdivider’s default, the 6 S:\ENGINEERING\DEVELOPMENT\ENTITLEMENT - PLANNING\PLAN CASES\2021\PLAN21-00023 VICTORVILLE CONNECTION\23.04.04 STAFF REPORT\23.03.20 002.4-20230127 SIA. DRAFT (JMA) 02.28.23 COV (KO).DOCX
City may serve written notice upon Subdivider and Subdivider’s surety of the default under this Agreement.
Subdivider shall have thirty (30) days from receipt of written notice by City to cure any such default.
18. Breach of Agreement; Performance by Surety or City
(a) In the event Subdivider is in default under this Agreement, and the applicable cure period set forth in Section 17 hereof has expired without such default having been cured by Subdivider, Subdivider shall be deemed to be in breach of this Agreement and the City may thereafter deliver a notice of breach to Subdivider’s surety, and such surety shall have the duty to take over and complete the work on the Required Improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give the City written notice of the surety’s intent to take over the performance of the Agreement, or does not commence performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider’s surety shall be liable to the City for any excess cost or damages incurred by the City. In such event, the City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plants or other property belonging to Subdivider as may be on the site of the work and necessary therefor. The remedy provided by this paragraph is in addition to, and not in lieu of, other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivider’s obligations under this Agreement. (b) In addition to any other remedy the City may have, a breach of this Agreement by the Subdivider may result in the Subdivision being reverted to acreage and shall further constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. If the form of contract security is other than a bond, the City, after giving notice of breach of the Agreement, may proceed to collect against the contract security in the manner provided by law and by the terms of the security instrument.
(c) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of that default or breach, or any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.
(d) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all reasonable costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney’s fees.
19. Completion; Warranty
(a) Subject to the provisions of subdivision (b) of this Section, upon completion of all the Required Improvements, and upon the City Council authorizing a written Notice of Completion and acceptance of said work, the City will release all hold and any claims to eighty percent (80%) of the amount of securities posted for faithful performance as specified in Section 10, above. The remaining twenty percent (20%) shall be held by the City for a period of one (1) year after the date of the Notice of Completion as a guarantee (warranty) bond to secure the performance of Section 14 of this Agreement and shall thereafter be released.
(b) The provisions of subdivision (a) of this Section notwithstanding, if the Subdivision is part of any City maintenance assessment district, the faithful performance security shall not be released, and no Required Improvements shall be accepted by the City unless and until Subdivider has paid to City any fees required to operate and maintain the Required Improvements until such time as the City has accepted the Required Improvements and received the first maintenance assessment disbursement from the County. 7 S:\ENGINEERING\DEVELOPMENT\ENTITLEMENT - PLANNING\PLAN CASES\2021\PLAN21-00023 VICTORVILLE CONNECTION\23.04.04 STAFF REPORT\23.03.20 002.4-20230127 SIA. DRAFT (JMA) 02.28.23 COV (KO).DOCX
(c) The amount specified in Section 10(a)(2) above for labor and materials security shall be reduced or released pursuant to the provisions of Section 66499.7(h) of the Map Act.
20. Notices
All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows:
If to City: City of Victorville
Attention: City Engineer
P.O. Box 5001
14343 Civic Drive
Victorville, CA 92393-5001
With a copy to:
If to Subdivider:
Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301-2713
Attn: Andre de Bortnowsky, City Attorney
Bear Valley Development Company, LLC
Bear Valley Road and 2nd Avenue, LLC
12300 Wilshire Blvd #410
Los Angeles, CA 90025
Attn: Michael Asheghian
With a copy to:
If to surety:
Ackerman Law, PC
3200 E. Guasti Road #100
Ontario, CA 91761
Atte: Jason Ackerman, Esq
Construction & Surety Practice Leader, Principal
Newfront Insurance Company
777 Mariners Island Blvd., Suite 250
San Mateo, CA 94404
Atte: Bryan Martin
Any Party or the surety may change such address by notice in writing to the other Party and thereafter notices shall be addressed and transmitted to such new address.
21. Recordation
This Agreement shall be recorded with the County Recorder following the full execution thereof by the Parties, the posting of securities by Subdivider as set forth in Section 10 hereof, and the approval and recordation of the final Map as set forth in the Recitals of this Agreement.
22. Binding Upon Heirs, Successors and Assigns; Runs with Land This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective Parties. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the Property within the Subdivision.
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23. Severability; Entire Agreement
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties. This Agreement, together with all exhibits, the Conditions of Approval and the Map expressly referred to herein, constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof.
24. Authority of Executing Parties
The persons executing this Agreement warrant and represent that they are duly authorized to execute this Agreement on behalf of and bind the Party each purports to represent.
25. Incorporation of Exhibits
The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A – Legal Description of Subdivision
Exhibit B – Tract Map
Exhibit C – Engineer’s Cost Estimate
26. Headings
The captions and Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit, or affect the construction or interpretation of any term or provision hereof.
27. Waiver; Amendment; Modification
No breach of this Agreement or of any provision herein may be waived except by an express written waiver executed by the Party waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach or provision of this Agreement. This Agreement may be amended, altered, modified, or otherwise changed only by a writing duly executed by the Parties hereto or their authorized representatives.
No modification, waiver, amendment, or discharge of this Agreement shall be valid unless the same is in writing and signed by all Parties.
28. Governing Law
This Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in the County of San Bernardino, State of California, or federal courts located in the Central District of California. [END OF THIS PAGE - [SIGNATURES FOLLOW]
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EXHIBIT A
LEGAL DESCRIPTION OF SUBDIVISION
All of Tentative Tract Map No. 20560 in the City of Victorville, County of San Bernardino, State of California, being a subdivision of Parcels 1 through 8 and Parcels 10 through 19, of Parcel Map No. 17603 as filed in Book 230 of Parcel Maps, at Pages 13 and 14, records of said County. 11 S:\ENGINEERING\DEVELOPMENT\ENTITLEMENT - PLANNING\PLAN CASES\2021\PLAN21-00023 VICTORVILLE CONNECTION\23.04.04 STAFF REPORT\23.03.20 002.4-20230127 SIA. DRAFT (JMA) 02.28.23 COV (KO).DOCX
EXHIBIT B
TRACT MAP
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EXHIBIT C
ENGINEER’S COST ESTIMATE
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City of Victorville, Public Works Department, Public Works, Engineering, Water
ENGINEER'S COST ESTIMATE FOR OFF-SITE PUBLIC IMPROVEMENTS ONLY TOTAL TRAFFIC SIGNAL T. DRY UTILITY TRENCHING
INSPECTION FEE:
$ 869,063.00
29,071.89
14,535.94
29,071.89
$ -Faithful Performance Security Amount*:
$
Labor & Material Security Amount*:
$
TOTAL LINEAR FOOTAGE 0
TRAFFIC SIGNAL PLAN CHECKING
FEE:
$
$
$
0 LF-100 LF = $78.00 Min
101 LF-200 LF = $78.00 +
$0.24/LF
201 LF + = $102.00 + $0.16/LF
$
$
$
-
-
-
TRAFFIC SIGNAL CONST. PERMIT & INSP.
FEE:
TOTAL WATER COST EST
29,071.89
36,180.10
36,180.10
18,090.05
2,500.00
2,500.00
-
12-31-2024
Faithful Performance Security Amount*:
$
Labor & Material Security Amount*:
$
*Securities shall be provided in accordance with Victorville Municipal Code,
§17.64.060. The Faithful Performance portion shall be at 100% of the approved Engineer's Cost Estimate of the required improvement. The Labor
& Material portion shall be at 50% of of the approved Engineer's Cost
Estimate of the required improvement.
WATER PLAN CHECKING FEE:
WATER CONST. PERMIT & INSPECTION FEE:
TOTAL RECLAIM WATER ST EST.
Faithful Performance Security
Amount*:
$
$
$
$
1-23-2023Engineer's Stamp
TOTAL PLAN CHECKING FEE**-
Labor & Material Security Amount*:
$
- $ 57,297.36 C46216 12/31/2024
R.C.E. # Exp. DateREC. WATER PLAN CHECKING FEE:
REC. WTR CONST. PERMIT & INSPECTION
FEE:
TOTAL DRAINAGE COST T.
$
$
$
-
- TOTAL CONSTRUCTION PERMIT
& INSPECTION FEE**
57,358.98
15,175.46
15,175.46Faithful Performance Security Amount*:
$
Labor & Material Security Amount*:
$
DRAINAGE PLAN CHECKING FEE:
$
7,587.73 ** There may be additional fees that pertain to your project. Please see the Engineering Schedule of Fees and Charges for Services for a complete list of fees required for your project.$ 2,500.00
DRAINAGE CONST. PERMIT & INSPECTION
FEE:
$ 2,500.00
TOTAL SEWER COST EST Victorville Connection, PLAN21-00023, ESUB22-0009$ - Faithful Performance Security Amount*:
$
Labor & Material Security Amount*:
$
-
-
SEWER PLAN CHECKING
FEE:
$
$
-
-
Engineering Review:
ApprovedSEWER CONST. PERMIT & INSPECTION
FEE:TOTAL STREET COST EST by: Fredy A. Bonilla
Date: 01/24/2023$ 674,182.44
Faithful Performance Security Amount*:
$
Labor & Material Security Amount*:
$
674,182.44
337,091.22
23,225.47
23,225.47
STREET PLAN CHECKING
FEE:
$
$STREET CONST. PERMIT & INSPECTION
FEE:TOTAL MONUMENTATION OST EST. $ -
-
-
Faithful Performance Security Amount*:
$
MONUMENTATION INSPECTION FEE:
Monumentation Faithful Performance Security: $4,092.00
$2,395,992.00
$
Total Security Required:1/23/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
STREETS BY: YH
Item Description Quantity Unit Cost Unit Cost
PAVEMENT
3" Asphalt Concrete
3.5" Asphalt Concrete
4" Asphalt Concrete
5" Asphalt Concrete
5.5" Asphalt Concrete
6" Asphalt Concrete
7" Asphalt Concrete
8" Asphalt Concrete
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Asphalt Concrete &/or P.C.C. Removal
A.C. Curb
$1.31 S.F.
$1.53 S.F.
$1.75 S.F.
$2.19 S.F.
$2.41 S.F.
$2.63 S.F.
$3.06 S.F.
$3.50 S.F.
$30.00 CY
$0.21 CY
$0.21 CY
$0.21 CY
$0.21 CY
$0.21 CY
$0.21 CY
$60.00 C.Y
$15.00 L.F.
$200.00 C.Y.
$0.50 S.F.
$0.75 S.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
54,300
3,100
1,435
130,659.38
-
9,493.75
-
43,050.00
-
-
-
-
-
-
980
615
58,800.00
9,225.00
A.C. Repair
Slury Seal, Type I
Slurry Seal, Type II
-
-
-
-
$
$
$
Grind & Overlay 5,280 $2.00 S.F. $ 10,560.00
$
$
-
-
Sub Total Pavement: $ 261,788.13
CURB & GUTTER
6" Curg & Gutter,
per City Standard S-09
8" Curb & Gutter,
per City Standard S-09
Cross Gutter, per City Standard S-05
Cross Gutter with Spandrels
P.C.C. Alley Gutter
$20.00 L.F.
$25.00 L.F.
$ -
310 $ 7,750.00
$5.50 S.F.
$8.74 S.F.
$10.25 L.F.
$ -
-
-
-
$
$
$
6" Curb per S-09 3,570 $20.00 L.F. $ 71,400.00
$
$
-
-
Sub Total Curb & Gutter: $ 79,150.00
P.C. CONCRETE
4" Thick Residential Sidewalk (6' wide)
4" Thick Commercial Sidewalk (10' wide)
$7.50 S.F.
$7.50 S.F.
$
$
-
12,100 90,750.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
STREETS BY: YH
Item Description Quantity Unit Cost Unit Cost
6" Thick Residential Drive Approach,
per City Standard S-02 (12' wide) $6.13 S.F. $ -
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
STREETS BY: YH
Item Description Quantity Unit Cost Unit Cost
P.C. CONCRETE CONT'D
6" Thick Residential Drive Approach,
per City Standard S-02 (18' wide)
6" Thick Residential Drive Approach for
Knuckles & Cul-de-Sacs,
$6.13 S.F.
$6.13 S.F.
$
$
-
-
per City Standard S-02A (24' wide)
6" Thick Residential Drive Approach,
per City Standard S-02 (24' wide)
8" Thick Commercial Drive Approach, Type
1, per City Standard S-03
8" Thick Commercial Drive Approach, Type
2, per City Standard S-03
8" Thick Commercial Drive Approach, Type
3, per City Standard S-03
Curb Ramp per City Standard S-11A
P.C.C. Alley Intersection
$6.13 S.F.
$12.50 S.F.
$12.50 S.F.
$12.50 S.F.
$
$
$
-
-
-
2,750
6 $ 34,375.00
$5,000.00 EA
$9.50 S.F.
$
$
30,000.00
-
Reinforced Concrete $575.00 C.Y. $
$
$
$
$
-
-
-
-
-
Sub Total P.C. Concrete: $ 155,125.00
MISCELLANEOUS UTILITIES
Dry Utility Trenching L.F. $
$
$
-
-
-
-Sub Total Miscellaneous Utilities $
UNDERGROUNDING EXIST. UTILITIES
Relocate Power Poles
Remove Power Poles
$30,000.00 EA
EA
$
$
$
$
$
-
-
-
-
-
-Sub Total Undergrounding of Existing Utilities $
MISCELLANEOUS
Earthwork Cut
Earthwork Fill
Trenching
Backfill
Crushed A.B. under Sidewalk
Adjust Manhole to Grade
Saw Cut
500
250
$18.00 C.Y.
$25.00 C.Y.
$3.50 L.F.
$3.50 L.F.
$5.00 SF
$
$
$
$
$
9,000.00
6,250.00
-
-
60,500.00
-
12,100
1,040
$250.00 EA
$0.75 L.F.
$
$ 780.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
STREETS BY:
Quantity
6 YH
Item Description Unit Cost Unit Cost
Truncated Dome Panels per APWA
Standard 111-3 $600.00 EA
$665.00 EA
$ 3,600.00
-Tree Removal $
MISCELLANEOUS CONT'D
Tree Wells & Covers
Hand Railings
$85.00 EA $
$
-
-$45.00 LF
Street Lighting 6 $2,500.00 AC $ 15,000.00
$
$
$
$
-
-
-
-
Sub Total Miscellaneous: $ 95,130.00
TRAFFIC CONTROL
Striping Removals 750
2,000
$2.00 L.F.
$2.00 L.F.
$1.00 L.F.
$2.00 L.F.
$3.00 L.F.
$
$
$
$
$
$
$
$
$
$
1,500.00
4,000.002" to 4" wide Pavement Striping
4" wide Pavement Striping
8" wide Pavement Striping
12" wide Pavement Striping
Pavement Markings
Traffic Signs
Street Name Signs
Sign Removals
Replace Vehicle Detector Loops
Guard Rail/Barricade
-
-
400
20 15
1,200.00
5,000.00
4,125.00
$250.00 EA
$275.00 EA
$383.33 EA
$175.00 EA
$400.00 EA
$48.00 L.F.
$18.00 EA
$710.00 EA
$1,400.00 EA
$5,000.00 L.S.
-
5 875.00
-
-
-
-
$
$
$
$
Guide Markers
Remove Temporary Turnaround
Construct Temporary Turnaround
Traffic Control Plans
-
1 $ 5,000.00
$
$
$
$
-
-
-
-
Sub Total Traffic Control: $
Sub-Total Streets: $
10% Contingency: $
21,700.00
612,893.13
61,289.31
TOTAL STREET COST: $ 674,182.44
PLAN & PERMIT FEE CALCULATION FORMULA $ 23,225.47
$0-$50,000 is 5% of Cost Est. $ 2,500.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
STREETS BY: YH
Item Description Quantity Unit Cost Unit Cost
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.
$
$
8,000.00
12,725.47
Street
Traffic Signals
Drainage
$674,182.00
$869,063.00
$15,175.00
Water $36,180.00
TOTAL FAITHFUL PERFORMANCE SECURITY AMOUNT:
TOTAL LABOR AND MATERIAL SECURITY AMOUNT:
$1,594,600.00
$797,300.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
TRAFFIC SIGNAL BY: YH / RWS
Item Description Quantity Unit Cost Unit Cost
GENERAL
Traffic Control 1 $20,057.27 L.S. $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
20,057.27
Traffic Signal Installation
Furnish & Install Detectable Warning Panel
Signing & Paint Stripping
4" Thick Class II Base
6" Thick Class II Base
4" Thick Commercial Sidewalk Per City Std S-04
Curb Ramp Per City Standard S-11A
Construct Curb Ramp
Sandblast Existing Paint Signage
Signal Pole Relocation
L.S.
L.S.
EA
TON
TON
S.F.
EA
EA
-
-
-
-
-
-
-
-
-
-
-
-
EA
EA
EASignal Head Modifications
Interconnect Relocation
Traffic Signal Modification (BVR & 2nd Avenue)
Traffic Signal Installation (BVR & 3rd Avenue)
L.F.
1 1
$220,000.00 L.S.
$550,000.00 L.S.
220,000.00
550,000.00
-
Sub Total General $ 790,057.27
FIBER COMMUNICATION
3" PVC SCH. 40 Conduit L.F.
L.F.
L.F.
EA
$
$
$
$
$
$
-
-
-
-
-
-
-
3-1"Ø HDPE Inner Duct (red, white, blue)
24 Strand Single Mode Fiber Optic Cable
Fiber Optic Vaults
Sub Total Fiber Communication $
WIRELESS COMMUNICATION
5.8 GZ Ethernet Radio System (Per Pair) PR $
$
$
-
-
-
-Sub Total Wireless Communication $
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
TRAFFIC SIGNAL BY: YH / RWS
Item Description Quantity Unit Cost Unit Cost
Traffic Signal is within Victorville's City Limits only (No other Jurisdictions share Signal)? Sub-Total Traffic Signal: $ 790,057.27
79,00610% Contingency: $
TOTAL TRAFFIC
$ 869,063.00SIGNAL COST:
PLAN & PERMIT FEE CALCULATION FORMULA $ 29,071.89
2,500.00$0-$50,000 is 5% of Cost Est. $
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.
$
$
8,000.00
18,571.89
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO: BLDC22-00010
LOCATION:
DATE:
Bear Valley Road, Third Street, and Second Street
9/18/2022
DRAINAGE BY: YH
Item Description Quantity Unit Cost Unit Cost
PIPES
8" R.C.P. $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
69.00 L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
12" R.C.P.
15" R.C.P.
18" R.C.P.
21" R.C.P.
24" R.C.P.
27" R.C.P.
30" R.C.P.
33" R.C.P.
36" R.C.P.
39" R.C.P.
42" R.C.P.
45" R.C.P.
48" R.C.P.
51" R.C.P.
54" R.C.P.
57" R.C.P.
60" R.C.P.
84" R.C.P.
96" R.C.P.
96" CMP
72.67 84.25
-
-
39 97.33 3,796
96.80 -
113.83
99.33 -
-
129.17
136.50
130.00
149.50
145.00
170.00
160.00
197.50
200.00
235.00
240.00
280.00
320.00
230.00
245.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
120" CMP
Pipe Size -
Pipe Size -
-
-
-
-
-
Sub Total Pipes: $ 3,796
MANHOLES
Standard Manhole, 36" pipe or less, per
Standard D-04 or APWA 321-1
Standard Manhole, Greater than 36" pipe,
per Standard D-04 or APWA 320-1
Pre-Cast Storm Drain Manhole, per
Standard D-05 or APWA 322-1
Adjust Manhole to grade
$
$
$
7,500.00
8,000.00
8,500.00
EA
EA
EA
$
$
$
-
-
-
$
$
400.00
300.00
EA
EA
$
$
$
$
-
-
-
-
-
Concrete Collar (up to 48")
Sub Total Manholes: $
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO: BLDC22-00010
LOCATION:
DATE:
Bear Valley Road, Third Street, and Second Street
9/18/2022
DRAINAGE BY: YH
Item Description Quantity Unit Cost
6,500.00
Unit Cost
STRUCTURES/BOXES
Junction Structure per APWA 333-1
Junction Structure per APWA 333-2
Junction Structure per APWA 334-1
Junction Structure per APWA 332-1
Transition Structure per APWA 340-1
$
$
$
$
$
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
6,500.00
4,000.00
4,000.00
10,000.00
Headwalls (to nearest 1/2 C.Y.
Concrete Slope Anchor
$
$
500.00
500.00
C.Y.
EA
Reinforced Concrete Box (4'x12')
Reinforced Concrete Box (7'x12')
Reinforced Concrete Box (10.5'x15.5')
$
$
$
500.00
1,800.00
2,200.00
L.F.
L.F.
L.F.
Sub Total Structures/Boxes: $
BASINS
Catch Basin W = 4', V=7'
Catch Basin W = 7', V=7'
Catch Basin W = 10', V=7'
Catch Basin W = 14', V=7'
Catch Basin W = 21', V=7'
$
$
$
$
$
3,500.00
5,500.00
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
-
-
1 10,000.00
15,000.00
18,000.00
10,000
-
-
-
-
Sub Total Basins: $ 10,000
INLETS/OUTLETS
Standard Drop Inlet, per Standard D-02
Standard Drop Inlet, per Standard D-03
Side Inlet for Standard Drop Inlet
36" CMP Inlet
$
$
$
$
$
3,500.00
3,500.00
2,500.00
3,500.00
3,500.00
EA
EA
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
EA
EA
CSP Drop Inlet EA
Inlet Structure L.F.
L.F.Outlet Structure
Sub Total Inlets/Outlets: $
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO: BLDC22-00010
LOCATION:
DATE:
Bear Valley Road, Third Street, and Second Street
9/18/2022
DRAINAGE BY: YH
Item Description Quantity Unit Cost Unit Cost
CROSSINGS
Standard Wash Crossing, per Std D-01A
Channel Crossing for Exist. Rural
Residential, per Standard D-01B
$
$
4,000.00
6,000.00
EA
EA
$
$
-
-
$
$
-
-
-Sub Total Crossings: $
DRYWELLS
Drywell System, per Standard D-06
Drywell & Interceptor, per Standard D-07
$
$
25,000.00
30,000.00
EA
EA
$
$
$
$
-
-
-
-
-Sub Total Drywells: $
DRAINS
Curb Drain $
$
$
$
$
1,500.00
2,500.00
3,500.00
47.50 EA
EA
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
Under sidewalk Drain
Parkway Drain per APWA 151-1 Type 2
Parkway Culvert
EA
L.F.
L.F.Rail top Culvert: S= 300.00
Sub Total Drains: $
MISCELANEOUS
Breaking Pavement & Resurface - A.C.
Traffic Control - Storm Drain
P.C.C. Access Drive
Perimeter Masonry Wall
Perimeter Wrought Iron Fence
Wrought Iron Gates - 5' Pedestrian
Wrought Iron Gates - 20'
Pump
S.F.
L.S.
S.F.
L.F.
L.F.
L.S.
L.S.
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
7.50 15.00
6.00 Water Valve EA
Slope Protection $
$
$
0.45 11.00
S.F.
C.Y.
C.Y.
Rip Rap
Grouted Rip Rap 150.00
Sub Total Miscellaneous: $
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO: BLDC22-00010
LOCATION:
DATE:
Bear Valley Road, Third Street, and Second Street
9/18/2022
DRAINAGE BY: YH
Item Description Quantity Unit Cost Unit Cost
CHANNEL SYSTEM
Concrete Slope, 6" Thick
Reinforcing Steel
C.Y.
L.F.
$
$
$
$
$
-
-
-
-
-
-Sub Total Channel System: $
MS4 PERMIT COMPLIANCE
NPDES/SWPPP $ 3,000.00 LS $
$
$
$
-
-
-
-
-Sub Total MS4 Permit Compliance: $
Sub-Total Drainage: $ 13,796
10% Contingencies $ 1,380
TOTAL DRAINAGE COST: $ 15,175
PLAN & PERMIT FEE CALCULATION FORMULA $2,500.00
$2,500.00
$0.00
$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est. $0.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
WATER BY: YH
Item Description Quantity Unit Cost Unit Cost
MAINLINE
4" PVC C-900, Class 305
6" PVC C-900, Class 305
8" PVC C-900, Class 305
10" PVC C-900, Class 305
12" PVC C-900, Class 305
16" PVC C-905, Class 235
18" PVC C-905, Class 235
20" PVC C-905, Class 235
24" PVC C-905, Class 235
$
$
$
$
$
$
$
$
$
31.00 42.00
55.00 62.00
68.00 L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
84.00 106.00
124.00
289.00
4" CMLC Pipe, 10GA Min. Steel Wall Thickness
6" CMLC Pipe, 10GA Min. Steel Wall Thickness
8" CMLC Pipe, 10GA Min. Steel Wall Thickness
10" CMLC Pipe, 10GA Min. Steel Wall Thickness
12" CMLC Pipe, 10GA Min. Steel Wall Thickness
16" CMLC Pipe, 10GA Min. Steel Wall Thickness
18" CMLC Pipe, 10GA Min. Steel Wall Thickness
20" CMLC Pipe, 10GA Min. Steel Wall Thickness
24" CMLC Pipe, 10GA Min. Steel Wall Thickness
$
$
$
$
$
$
$
$
$
31.00 42.00
55.00 62.00
68.00 84.00
106.00
124.00
289.00
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
4"CMLC Pipe, 0.25" Min. Steel Wall Thickness
6" CMLC Pipe, 0.25" Min. Steel Wall Thickness
8" CMLC Pipe, 0.25" Min. Steel Wall Thickness
10" CMLC Pipe, 0.25" Min. Steel Wall Thickness
12" CMLC Pipe, 0.25" Min. Steel Wall Thickness
MAINLINE (cont'd)
$
$
$
$
$
31.00 42.00
55.00 62.00
68.00 L.F.
L.F.
L.F.
L.F.
L.F.
16" CMLC Pipe, 0.25" Min. Steel Wall Thickness
18" CMLC Pipe, 0.25" Min. Steel Wall Thickness
20" CMLC Pipe, 0.25" Min. Steel Wall Thickness
24" CMLC Pipe, 0.25" Min. Steel Wall Thickness
$
$
$
$
84.00 106.00
124.00
289.00
L.F.
L.F.
L.F.
L.F.
$
$
$
$
$
$
-
-
-
-
-
-
-Sub Total Mainline: $
HOT TAP
Hot Tap - 4"
Hot Tap - 6"
Hot Tap - 8"
Hot Tap - 10"
Hot Tap -12"
HOT TAP CONT'D
$
$
$
$
$
1,750.00
2,000.00
2,250.00
2,500.00
2,750.00
EA
EA
EA
EA
EA
$
$
$
$
$
-
-
-
-
5 13,750.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
WATER BY: YH
Item Description Quantity Unit Cost Unit Cost
$
$
-
-
Sub Total Hot Tap: $ 13,750.00
METERS & SERVICE LINES
3/4" Water Meter with Service Line
3/4" Water Meter without Service Line
1" Water Meter with Service Line
1" Water Meter without Service Line
1-1/2" Water Meter with Service Line
1-1/2" Water Meter without Service Line
2" Water Meter with Service Line
2" Water Meter without Service Line
3" Water Meter with strainer
$
$
$
$
$
$
$
$
$
$
$
$
1,830.00
479.00
2,031.00
651.00
2,951.00
1,215.00
3,234.00
1,786.00
2,386.00
3,270.00
5,045.00
6,462.00
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
1 1
1 1
479.00
-
651.00
-
1,215.00
-
1,786.00
-
-
-
-
-
-
-
4" Water Meter with strainer
6" Water Meter with strainer
8" Water Meter with strainer
Sub Total Meters & Service Lines: $ 4,131.00
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
WATER BY: YH
Item Description Quantity Unit Cost
700.00
Unit Cost
VALVES
4" Gate Valve
6" Gate Valve
8" Gate Valve
12" Gate Valve
$
$
$
$
EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
1,000.00
1,350.00
2,200.00
12" Butterfly Valve
16" Butterfly Valve
18" Butterfly Valve
20" Butterfly Valve
$
$
$
$
2,200.00
4,500.00
6,800.00
8,000.00
EA
EA
EA
EA
1" Air Vacuum Valve
2" Air Vacuum Valve
$
$
3,000.00
5,000.00
EA
EA
Sub Total Valves: $
BACKFLOWS
3/4" Reduced Pressure Backflow Device
1" Reduced Pressure Backflow Device
1-1/2" Reduced Pressure Backflow Device
2" Reduced Pressure Backflow Device
3" Reduced Pressure Backflow Device
4" Reduced Pressure Backflow Device
6" Reduced Pressure Backflow Device
8" Reduced Pressure Backflow Device
1 1
1 1
$
$
$
$
1,700.00
2,000.00
2,800.00
3,500.00
EA
EA
EA
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
1,700.00
2,000.00
2,800.00
3,500.00
-
-
-
-
-
-
Backlow Test (RP) 4 $ 65.00 EA 260.00
-
-
Sub Total Backflows: $ 10,260.00
FIRE SERVICE
RPDCA, Reduced Pressure Bacflow Device for Fire
Services
Standard Fire Hydrant, High-Pressure Dry Barrel
w/Traffic Break Away, Mueller or American Flow
Control, Model Super Centurion, American Darling or
Waterous
$
$
25,000.00
4,750.00
EA
EA
$ -
$
$
4,750.00
-
1 1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT
ENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00010
Bear Valley Road, Third Street, and Second Street
9/18/2022
WATER BY: YH
Item Description Quantity Unit Cost Unit Cost
FIRE SERVICE (cont'd)
$
$
-
-
Sub Total Fire Service: $ 4,750.00
MISCELLANEOUS
Water Sampler Station
Thrust Block
Remove Thrust Block
Adjust water valve can to grade
Trench Repair
$
$
$
$
$
$
$
$
$
$
500.00
350.00
200.00
300.00
3.50 EA
EA
EA
EA
S.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Pump Station
Disinfection Facilities (CL & NH3 System)
1,100.00 GPM
500,000.00
250,000.00
1.25 GAL.
5,000.00
EA
EARegulating Facilities
Water Storage Tank
Blow Off EA
L.S.Traffic Control
Sub Total Miscellaneous: $
Sub-Total Water: $ 32,891.00
10% Contingency: $ 3,289.10
TOTAL WATER COST: $ 36,180.10
PLAN & PERMIT FEE CALCULATION FORMULA $ 2,500.00
$0-$50,000 is 5% of Cost Est. $ 2,500.00
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.
$
$
-
-
1/24/2023
ENGINEERING DIVISION, PUBLIC WORKS
DEPARTMENTENGINEER'S COST ESTIMATE
PROJECT NO:
LOCATION:
DATE:
BLDC22-00015
NEC Bear Valley Road and 3rd Avenue
18-Mar-23
MONUMENTATIO
N
BY: Jake W. Lappert
18 No.of Lots
TRACT NO. 20560
Subdivision No.
Jake W. Lappert
Prepared By
9303 9/30/2024
R.C.E. Number Expiration Date3/20/2023 LS
Engineer's Stamp
Item Description Quantity Unit Cost Unit Cost
PROPERTY
BOUNDARIES2" Iron Pipe or Lead w/Brass Tag for setting
Tract
Boundary Corners
1" Iron Pipe or Nail w/Brass Tag for setting in
Face
or Top of Wall for Rear Lot Corners
Nail for setting at Top of Curb on prolongation
of
Side Lot Lines
7 81
0 $40.00
$40.00
$40.00
EA
EA
EA
$
$
$
280.00
3,240.00
-
$
$
-
-
Sub Total Property Boundaries: $ 3,520.00
Intersections/Centerlines/BCR's/ECR's
1" Iron Pipe or Lead w/Brass Tag for settingal all
Street Intersections, Street Centerlines, BC's,
EC's,
& PRC's
2 $100.00 EA $ 200.00
$
$
-
-
Sub Total Intersections/Centerlines/BCR's/ECR's: $ 200.00 Sub-Total Monumentation: $ 3,720.00
10% Contingencies: $ 372.00
TOTAL
MONUMENTATION COST: $ 4,092.00
Attachment D
Improvement Securities
Item Number: 7
City Council / Board of Directors
Written Communications
Meeting of: April 4, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
Air Traffic Control Equipment Upgrade Project #CC23-041 Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
1) Ratify the acceptance of Grant Agreement #3-06-0359-031-2022 between the United States of America acting through the Federal Aviation Administration and the Southern California Logistics Airport Authority in the amount of $300,000 in support of the Air Traffic Control Tower Equipment Upgrade Project #CC23-041; and
2) Adopt Resolution No. SCLAA 23-004 increasing budgeted grant revenues by $300,000, and increasing budgeted grant expenditures by $300,000; and 3) Approve the purchase of equipment in support of Air Traffic Control Equipment Upgrade Project #CC23-041 in the amount not to exceed $300,000.
Fiscal Impact:
Grant Agreement #3-06-0359-031-2022 increases budgeted grant revenue by $300,000 and grant expenditures by $300,000 requiring additional revenue and expenditure appropriations in the 457 Federal Aviation Administration Grants Fund. Resolution No.
SCLAA 23-006 is presented herein for the purpose of requesting approval of the required budget revision outlined as follows:
Current FY 22/23 Budget
Revenue Expense
4571301A-43120-95119 Air Traffic Cntrl-Fed Grant 0
4571301A-55040-95119 Air Traffic Cntrl-Equipment 0
Revised FY 22/23 Budget
Revenue Expense
5 9
3 4571301A-43120-95119 Air Traffic Cntrl-Fed Grant $300,000 4571301A-55040-95119 Air Traffic Cntrl-Equipment $300,000 Strategic Plan Goal:
Goal E. Invest in Infrastructure: This project improves ATC communications infrastructure.
Background:
The Bipartisan Infrastructure Law (Infrastructure Investment and Jobs Act) Public Law 117-58 (“BIL”) was signed into law by the President of the United States on November 15, 2021. The BIL established the Federal Aviation Administration Contract Tower Competitive Grant Program (“FCT Grant Program”), which provides $20 million in grant funding annually for five years (FY2022-2026) to sustain, construct, repair, improve, rehabilitate, modernize, replace, or relocate non-approach air traffic control facilities.
In accordance with Federal Aviation Administration (“FAA”) guidelines contained in Order JO 7210.78, the Southern California Logistics Airport (“SCLA”) utilizes air traffic control (“ATC”) equipment to communicate with aircraft and ground personnel. The FAA- mandated equipment consists of poly-frequency radio transmitters and receivers, antennas, a voice recorder, and wind sensors. The ATC equipment at SCLA is used from 6 am to 8 pm, 7 days per week.
The ATC equipment at the SCLA is aging beyond its functional life, with over half of the components having been installed in the 1970’s. Furthermore, the aging ATC equipment has been recommended to be replaced by the SCLA qualified ATC equipment service provider. Critical components of the system have failed intermittently in recent years and locating replacement parts and service providers has become increasingly difficult due to the age of the system.
The urgent need for modern ATC equipment prompted staff to seek FCT Grant Program funds. The FAA determined that the Project is necessary, eligible, and properly prioritized, and subsequently issued Grant Offer #3-06-0359-031-2022 (“Grant 31”) in the amount of $300,000 to fund the Air Traffic Control Equipment Upgrade Project #CC23- 041 (“Project”).
Discussion:
This critical Project involves removing the aging ATC equipment and replacing it with new equipment. The entire system of poly-frequency radio transmitters and receivers, antennas, the voice recorder, and the wind sensors will be replaced, thereby upgrading the equipment to modern FAA standards as per FAA Orders JO 7900.5, JO 7210.3, JO 8020.16, and FAA Memorandum, Updated Approval of Standalone and Backup Weather Equipment for Federal Contract Towers, Non-FAA Control Towers and Other Aviation Facilities, dated September 3, 2015.
The modern equipment is expected to provide several noticeable improvements to the capabilities and functionality of the current system. The new communications and data gathering systems are expected to provide a greater measure of safety because of the 5 9
3 improved radio signal clarity and increased range that it provides. A reduction in downtime and costs for repairs is also anticipated. The modern equipment is expected to be able to provide high quality communication service at the airport for many years to come.
ATC equipment is highly specialized with limited National Airspace System-certified products and manufacturers available. The FAA requires all ATC equipment meet certain specifications and is providing 100% of the funding that will be used to purchase the ATC equipment. Therefore, in accordance with Municipal Code §2.28.080 staff utilized federal purchasing system, Federal General Services Agency (“GSA”), to obtain quotes from approved, federally contracted suppliers for the necessary components available.
The process of utilizing federally contracted suppliers involved searching the GSA website for the items to find a list of suppliers for each item and the contracted price offered by each supplier. The listed supplier(s) were then contacted to obtain a quote for the items they have been contracted to sell. Some items only had one supplier, while others had up to four. If more than one supplier was contracted for an item, the supplier with the lowest price was contacted to obtain a quote.
All ATC equipment was available via GSA contracted suppliers save the wind trackers which were only available from the manufacturer and considered as a sole source per Municipal Code §2.28.090 (b)(1). A sole source justification form is included with the quote for R.M. Young Company as per the aforementioned municipal code section.
The price quotes received are summarized as follows:
Company: GSA Contract# Contract
Price Quote:
ACG Systems (radios/transceivers) GS-35F-0314M $204,744.28 Capture Technologies (voice recorder) GS-35F-0415V $21,625.01 MesoTech International (wind monitors) GS-07F-0430U $5,664.87 Noble Supply & Logistics (antennas) 47QSHA19D004Z $32,494.50 R.M. Young Company (wind trackers) Sole Source $7,492.22 TOTAL $272,020.88
For the reasons presented herein, staff recommends that the Honorable Southern California Logistics Airport Authority Board of Directors ratify FAA Grant 31 in the amount of $300,000, adopt Resolution No. SCLAA 23-004 increasing budgeted grant revenues by $300,000, and increasing budgeted grant expenditures by $300,000, and approve the purchase of equipment in support of Air Traffic Control Equipment Project #CC23-041, in the amount not to exceed $300,000.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: A. Site Map
5 9
3 B. Grant 31 Agreement
C. Resolution No. SCLAA 23-004
D. Supplier Quotes
ATTACHMENT A
SITE MAP
ATTACHMENT A – SITE MAP
BUILDING 700 – AIR
TRAFFIC CONTROL TOWER
ATTACHMENT B
GRANT 31 AGREEMENT
3-06-0359-031-2022
1 U.S. Departmentof TransportationFederal AviationAdministrationAirports DivisionWestern-Pacific RegionCaliforniaFAA LAX ADO777 S. Aviation BlvdSte 150El Segundo, CA 90245{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}Mr. Eric RayAirport DirectorSouthern California Logistics Airport18374 Phantom WestVictorville, CA 92394Dear Mr. Ray: The Grant Offer for the Bipartisan Infrastructure Law (BIL) – Federal Contract Tower (FCT) Project No. 3-06-0359-031-2022 at Southern California Logistics in Victorville, California is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.You may not make any modification to the text, terms or conditions of the grant offer.Steps You Must Take to Enter Into Agreement.To properly enter into this agreement, you must do the following:1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor’s authorized representative(s) (hereinafter “authorized representative”).2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.3. Once the authorized representative has electronically signed the grant, the sponsor’s attorney(s) will automatically receive an email notification.4. On the same day or afterthe authorized representative has signed the grant, the sponsor’s attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.5. If there are co-sponsors, the authorized representative(s) and sponsor’s attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 16, 2022.6. The fully executed grant will then be automatically sent to all parties as an email attachment.Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System.Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project 3-06-0359-031-2022
2 expenses consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: For all grants, you must submit by December 31stof each year this grant is open:1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Carlos Mora (424-405-7270, [email protected]) is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, {{Sig_es_:signer1: signature}} Cathryn G. Cason Manager Los Angeles Airports District Office Enclosure 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 1 of 29 aU.S. Departmentof TransportationFederal AviationAdministrationFEDERAL CONTRACT TOWER PROGRAM GRANTGRANT AGREEMENTPart I - OfferFederal Award Offer Date{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}Airport/Planning AreaSouthern California LogisticsFederal Contract Tower Program Grant Number3-06-0359-031-2022Unique Entity IdentifierSB1RGMJ5U1M7TO:Southern California International Airport Authority(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also applies to a Co-Sponsor.) FROM:The United States of America(acting through the Federal Aviation Administration, herein called the "FAA")WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 4, 2022, for a grant of Federal funds for a project at or associated with the Southern California Logistics Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Southern California Logistics Airport (herein called the “Project”) consisting of the following: Acquire ATCT equipment upgradeswhich is more fully described in the Project Application.NOW THEREFORE, Pursuant to and for the purpose of carrying out the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption and ratification of the Grant Assurances attached hereto; (b) the Sponsor’s acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided;
3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 2 of 29 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1.Maximum Obligation.The maximum obligation of the United States payable under this Offer is $300,000. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $300,000 airport development 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the period of performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344). 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 3 of 29
3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary, and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, BIL (Public Law 117-58), and the regulations, and the Secretary of Transportation’s (“Secretary’s”) policies and procedures. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before 9/16/2022, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 4 of 29 required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 12.Electronic Grant Payment(s).Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of BIL Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can, subject to the availability of Federal funds, issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buy American. The sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:
3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 5 of 29
1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in BIL (Public Law 117-58), or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g., sub-contracts). c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 6 of 29 i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients’ employees may not: 1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; 2. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or 3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity: 1. Is determined to have violated a prohibition in paragraph (a) of this condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (a) of this Condition through conduct that is either – i. Associated with performance under this Grant; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), as implemented by our agency at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Condition. d. Our right to terminate unilaterally that is described in paragraph (a) of this Condition: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and 2. Is in addition to all other remedies for noncompliance that are available to us under this Grant Agreement. 23. BIL Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 3-06-0359-031-2022
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24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated November 19, 2019, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. a. Prohibition of Reprisals 1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered — The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General. Actions, limitations, and exceptions of the OIG’s office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2). 26. Usable Unit of Work. This grant offer contains funds for an eligible project selected under the BIL Federal Contract Tower Program (FCT). Airport sponsors must compete annually for any additional FCT or Airport Terminal Program funding needed to complete future phases of the project 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 8 of 29 selected. This award does not guarantee additional Federal funding in subsequent years. In accepting this award, the airport sponsor understands and agrees that the work described in this grant agreement must be incorporated into a safe, useful, and usable unit of work completed within a reasonable timeframe, even absent any additional federal funding. SPECIAL CONDITIONS 27. Equipment Acquisition. The Sponsor understands and agrees that any equipment acquired through this Grant is considered a facility as that term is used in the Grant Assurances. Further, the equipment must be only operated by the Sponsor. The Sponsor agrees that it will maintain the equipment and use it exclusively at the airport for airport purposes. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 9 of 29 The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.1 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION {{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}}(Signature){{N_es_:signer1:fullname }} (Typed Name) {{*Ttl_es_:signer1:title }}(Title of FAA Official) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 10 of 29 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} Southern California International Airport Authority (Name of Sponsor) {{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official) By: {{N_es_:signer2:fullname }} (Typed Name of Sponsor’s Authorized Official) Title:{{*Ttl_es_:signer2:title }} (Title of Sponsor’s Authorized Official) 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 11 of 29 CERTIFICATE OF SPONSOR’S ATTORNEYI, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __California__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; the Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021 referred to as the Bipartisan Infrastructure Law (BIL), Division J, Title VIII; and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 12 of 29 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Public Law 117-58, Division J, Title VIII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 13 of 29 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1, 2f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 – 29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 14 of 29 y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX. EXECUTIVE ORDERSa. Executive Order 11246 – Equal Employment Opportunity1b. Executive Order 11990 – Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 – Environmental Justice g. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government i. Executive Order 13988 - Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad FEDERAL REGULATIONSa. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 4, 5c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 15 of 29 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1m. 49 CFR Part 20 – New Restrictions on Lobbying. n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1, 2 q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41 – Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) 1These laws do not apply to airport planning sponsors. 2These laws do not apply to private sponsors. 32 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 16 of 29 SPECIFIC ASSURANCESSpecific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 17 of 29 Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of 49 U.S.C. §47107(s) and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 3-06-0359-031-2022
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9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 19 of 29 States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 20 of 29 d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying aviators of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 3-06-0359-031-2022
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21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 22 of 29 h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 23 of 29 revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 3-06-0359-031-2022
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27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 25 of 29 which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 26 of 29 structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 27 of 29 g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. § 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title VIII; or 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117, or under Public Law 117-58, Division J, Title VIII; or 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- 3-06-0359-031-2022
Airport Sponsors Assurances Bipartisan Infrastructure Law Page 28 of 29 sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., or Public Law 117-58, Division J, Title VIII it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Infrastructure Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for AIG projects as of August 4, 2022. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 3-06-0359-031-2022
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37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 1 of 7 ASSURANCESPLANNING AGENCY SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq. c. Hatch Act – 5 U.S.C. § 1501, et seq.1 d. Rehabilitation Act of 1973 – 29 U.S.C. § 794. e. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). f. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). g. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq. h. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.1 i. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105. 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 2 of 7 j. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Public Law 110-252). k. Build America, Buy America Act, P.L. 117-58, Title IX. EXECUTIVE ORDERSa. Executive Order 12372 - Intergovernmental Review of Federal Programs b. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency c. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government d. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers f. Executive Order 14008 - Tackling the Climate Crisis at Home and Abroad FEDERAL REGULATIONSa. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3, 4c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. h. 49 CFR Part 20 – New Restrictions on Lobbying. i. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964. j. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. k. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. l. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. m. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 3 of 7 FOOTNOTES TO ASSURANCE (C)(1) 1These laws do not apply to private sponsors. 22 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 3Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCESSpecific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. 4. Preserving Rights and Powers It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary. 5. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies in the planning area. 6. Accounting System, Audit, and Record Keeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 4 of 7 the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 7. Planning Projects In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not mean constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 8. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. 9. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4; creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 5 of 7 conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.” e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 6 of 7
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 10. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 11. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 12. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary. 13. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved 3-06-0351-031-2022
Planning Agency Sponsors Assurances 5/2022 Page 7 of 7 program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 3 0
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ATTACHMENT C
RESOLUTION NO. SCLAA 23-004
3 0
5 3
RESOLUTION NO. SCLAA 23-004
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2019, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the Executive Director or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022-2023 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
4571301A-55040-95119 $300,000
4571301A-43120-95119 $300,000
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT D
SUPPLIER QUOTES
Use Tax $16,473.68
TOTAL $204,744.28
Quotation Number CAPQ8283DateMar 15, 2023GSA# GS-35F-0415VCMAS# 3-22-03-1070Capture Technologies, Inc. DUNS# 00-923-98156060 Sunrise Vista Dr. Suite 3000, Citrus Heights, CA 95610t. 800.544.5050 f. 510.534.0202 Account ExecutiveSold To Ship To Chris WilliamsVictorville Airport-SCLA Victorville Airport-SCLAHeather Kurowski Heather Kurowski 6060 Sunrise Vista DriveSuite 3000Citrus Heights, CA 95610CSL #87699318540 Readiness Street Box 2Victorville, CA 92394 18540 Readiness Street Box 2Victorville, CA 92394 [email protected] Phone510-967-2221Phone760-243-1905 Phone760-243-1905 EMAILEMAIL [email protected]@[email protected] Requested Terms $20,433.90SUB-Total $0.00 MILESTONE BILLING Product IncludedServices IncludedS&H IncludedTax $1,191.11Description $21,625.01GSA SCHEDULE COST PROPOSAL (1) 16 channel EVENTIDE licensed Call Recorder-- Server Hardware with 16 Ports ANALOG & Licensed to record 16 channels. INCLUDES: Installation & Project Managment & Onsite Training of all new equipment. INCLUDES: Complete 12 Month Warranty & Local support Technicians & LaborINCLUDES S&H & SALES TAX Charges REFERENCES INCLUDE:-Mojave Air & Space-Santa Monica Airport-Fresno EMS Part # Description QtyUnit PriceExt. PriceEVENTIDE Recording -Hardware & Software & ChannelLicensing 1 $14,583.90 $14,583.90INCLUDES:NexLog740DX NexLog 740 DX-Series server : 3U rack-mountable,rack-mountable, Core i5 CPU, 16GB DDR4 RAM, 2 x1TBfixed-Mount HDDs (RAID 1), 1Blu-ray Multi-Drive, 2 Network Ports(100/1000), Embedded Linux, NexLog DX-Series software, web-based configuration manager, dual hot- swap 120-240VAC50/60Hz power supplies.DX799 Upgrade 740 DX-Series 2x2TB HotSwap RAID1=2TB storage