City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
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, October 15, 2024
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.
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
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/agendas
.
LEVINE
ACT
DISCLOSURE:
Pursuant
to
the
Levine
Act
(Govt.
Code
section
84308),
any
party
to
a
permit,
license,
contract,
or
other
entitlement
before
the
Victorville
City
Council
is
required
to
disclose
on
the
record
any
campaign
contribution,
including
aggregated
contributions,
of
more
than
$250
made
by
the
party
or
the
party's
agents
within
the
preceding
12 months
to
any
City
official.
Participants
and
agents
are
requested
to
make
this
disclosure
as
well.
The
disclosure
must
include
the
name
of
the
party,
participant,
or
agent,
and
any
other
person
making
the
contribution;
the
name
of
the
recipient,
the
amount
of
the
contribution,
and
the
date
the
contribution was made.
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.
6:00 p.m. Regular Session
Call to Order
Roll Call
Invocation: Pastor Joseph Garibay from Calvary Chapel Victorville
Pledge of Allegiance: Police Captain Randy German
Special Presentations
Presentation of New Hires and Promotions to City Council
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
PUBLIC HEARING(S)
1. Introduction
of
proposed
Ordinance
No.
2452,
amending
Chapters
2.04,
2.08,
and
2.22 of
the
Victorville
Municipal
Code
to
further
define
the
powers
and
duties
of
the
City
Manager,
formally
authorize
the
use
of
insurance
in
lieu
of
statutory
faithful
performance
bonds
for
the
offices
of
City
Manager,
City
Clerk,
and
City
Treasurer,
and
update
the
City’s
Municipal
Code
provisions
relating
to
the
City’s
personnel
merit system
Recommendation:
That Your Honorable City Council:
(1) Open and conduct the public hearing and receive public testimony; (2) Close the public hearing;
(3) Introduce Ordinance No. 2452 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2452
CONSENT CALENDAR
2. Substitution
of
Trustee
and
Deed
of
Reconveyance,
and
Termination
and
Release
of
Covenants,
Conditions
and
Restrictions
for
Residential
Compliance
Program
case
number
17-11-09
(12455
Sunny
Vista
Ave.,
Victorville,
CA
92395);
as
well
as
acceptance and reallocation of associated Program Income Funds
Recommendation:
That
the
City
Council
take
the
following
actions
regarding
Residential
Compliance
Program Case No. 17-11-09:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2)
Confirm
the
required
Termination
and
Release
of
the
original
Covenants,
Conditions and Restrictions (CC&Rs);
(3)
Authorize
the
execution
of
the
Substitution
of
Trustee
and
Deed
of
Reconveyance
as
well
as
the
Termination
and
Release
of
the
original
CC&Rs
by
the Deputy City Manager;
(4)
Accept
the
payoff
of
the
loan
receivable
to
the
Residential
Rehabilitation
Program Income Account; and
(5)
Adopt
Resolution
No.
24-091,
amending
the
annual
budget
for
fiscal
year
2024-
2025,
reallocating
the
subject
$8,342.10
Residential
Rehabilitation
Program
–
Program Income funds to the Residential Rehabilitation Program.
3. Reduction
of
the
Faithful
Performance
Securities
associated
with
a
Single-Family
Residential Home located at 9525 Goss Road
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80%
release
of
Water
Faithful
Performance
Security
associated
with
a Single-Family home located at 9525 Goss Road; and
(2) Accept the completed Water Public Improvements.
4. Reduction
of
Securities
for
the
Public
Improvements
associated
with
an
Industrial
Warehouse
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Street
Public
Improvement Labor and Material Security for an Industrial Warehouse.
5. Payroll Demand Schedule No. 2A
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
2A
for
Payroll
Period
July
19,
2024,
through
August
2,
2024,
in
the
amount
of
$2,387,471.84
covering
Check
Nos.
34224
through
34250,
including
Vendor
checks.
Also
included
are
Advice
Nos.
316978
through
317542,
per
adopted
budget
for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
6. Payroll Demand Schedule No. 2B
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
2B
for
Payroll
Period
August
2,
2024,
through
August
16,
2024,
in
the
amount
of
$2,339,504.83
covering
Check
Nos.
34251
through
34280,
including
Vendor
checks.
Please
note
employee
Check
No.
34259
has
a
Live
Check
and
an
EFT.
Also
included
are
Advice
Nos.
317543
through
318102,
per
adopted
budget
for
Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
7. Commercial Demand Schedule No. 7
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
7 in
the
amount
of
$3,803,759.03,
covering
Electronic
Fund
Transfers
No.
341079
through
341323
and
Warrant
No.
796925
through
797107
for
09/19/2024
through
10/02/2024,
per
the
adopted
budget
for
Fiscal
Year
2024-2025
for
the
period covering July 1, 2024 through June 30, 2025.
8. Economic Development Activity Report
Recommendation:
That
the
Honorable
City
Council
review
and
file
the
attached
Economic
Development Activity Report.
WRITTEN COMMUNICATIONS
9. Resolution
of
Intention
to
Establish
a
Community
Facilities
District
No.
2024-01
to
Provide City Services
Recommendation:
Staff recommends that the Honorable City Council:
(1)
Accept
the
petitions
from
the
property
owners
requesting
initiation
of
formation
of
Community
Facilities
District
No.
2024-01
of
the
City
of
Victorville
(Municipal
Services) (“CFD 2024-01”) to finance certain ongoing municipal services; and (2)
Adopt
Resolution
No.
24-092,
authorizing
the
intention
to
establish
CFD
No.
2024-01,
levy
a
services
special
tax,
and
set
a
Public
Hearing
date
for
November
19, 2024.
10. La
Mesa
/
Nisqualli
Interchange
404
Permit
Compliance
Mitigation
Site
Coordination
-
Amendment
No.
5 to
the
Consultant
/
Professional
Services
Provider
Agreement with WSP USA Inc.
Recommendation:
That
the
Honorable
City
Council
approve
Amendment
No.
5 to
the
Consultant
/
Professional
Services
Provider
Agreement
with
WSP
USA
Inc.,
to
increase
the
compensation
in
the
amount
not
to
exceed
$32,600.00
for
the
La
Mesa
/
Nisqualli
Interchange Permit Compliance and Mitigation Site Coordination.
11. Purchase
of
a
Compressed
Natural
Gas
Station
Skid
Replacement
for
the
McArt
Road CNG Station, Project JM24-098
Recommendation:
That
the
Honorable
City
Council
award
the
purchase
of
a
Compressed
Natural
Gas
(CNG)
Station
Skid
replacement
for
the
McArt
Road
CNG
Station,
Project
JM24-
098, to Atlas Copco Compressors, LLC, for an amount not to exceed $259,895.10.
12. Runway 17/35 Reconstruction - Phase V, Project #CC24-126
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1)
Ratify
the
acceptance
of
Grant
Agreement
#3-06-0359-033-2024
(“Grant
33”)
between
the
United
States
of
America
acting
through
the
Federal
Aviation
Administration
and
the
Southern
California
Logistics
Airport
Authority
(“SCLAA”)
in
the
amount
of
$3,432,622
in
support
of
the
Runway
17/35
Reconstruction
-Phase
V
Project #CC24-126; and
(2)
Adopt
Resolution
No.
SCLAA
24-006
increasing
budgeted
grant
revenues
by
$3,432,622,
and
increasing
budgeted
grant
expenditures
by
$3,432,622,
and
increasing
budgeted
grant
match
expenditures
by
$381,402.44,
and
increasing
budgeted Airport Operations expenses of $1,099,872.37; and (3)
Approve
the
award
of
a
Construction
Contract
to
Pave-Tech
Inc.
in
the
amount
not
to
exceed
$4,933,549.27
for
Runway
17/35
Reconstruction
-
Phase
V,
Project
#CC24-126 (“Project”).
13. Purchase of an Airport Sweeper
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
(“SCLAA”)
Board
of
Directors
approve
the
purchase
of
a
TYMCO
Model
600
Regenerative
Air
Sweeper
in the amount of $400,357.69.
14. Roof Restoration Contract Award for Water Department Facilities
Recommendation:
That
the
Honorable
Board
of
Directors
award
a
contract
to
Riteway
Roofing
in
the
amount
of
$469,000
for
the
Roof
Replacement
for
Various
Projects,
Project
No.
CC25-014.
15. City Manager Reports
16. Discussion and Possible Action Regarding Upcoming Agenda Items
17. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: October 15, 2024
Submitted By:
Sophie Smith, Deputy City Manager
Subject:
Introduction of proposed Ordinance No. 2452, amending Chapters 2.04, 2.08, and 2.22 of the Victorville Municipal Code to further define the powers and duties of the City Manager, formally authorize the use of insurance in lieu of statutory faithful performance bonds for the offices of City Manager, City Clerk, and City Treasurer, and update the City’s Municipal Code provisions relating to the City’s personnel merit system Recommendation:
That Your Honorable City Council:
(1) Open and conduct the public hearing and receive public testimony; (2) Close the public hearing;
(3) Introduce Ordinance No. 2452 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2452 Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Goal “G” – Organizational Effectiveness and Sustainability in that it demonstrates a commitment to local government best practices.
Background:
Dating back to the City’s incorporation in 1962, the Manager/Council form of government was adopted (although the title was City Administrator at that time). This type of government embodies the concept of professional management, and among the common duties and responsibilities of a city manager is the authority over employees. The City’s Charter adopted in 2008 further defined this form of government as one “under which the City Council sets policy and the City Manager administers the government.” Within the Victorville Municipal Code (VMC), there are several sections that deal with personnel matters, such as the City Manager’s role relative to employees, personnel administration, 3 7
7 9
and the employee Rules and Regulations. Many of those sections in the VMC date back to the 1970’s.
Over the years, various resolutions have been adopted by the City Council to create a comprehensive set of Personnel Rules and Regulations (Rules and Regs). Currently, the Rules and Regs consist of twenty-one (21) chapters that cover various personnel topics such as the application process, probationary periods, leaves and attendance, separation from service, disciplinary action, etc. Although a few chapters have been updated in the last twenty years, many of the chapters date back to the 1980’s or early 1990’s.
Staff started working on a major revision to the Rules and Regs just prior to the pandemic.
Work on the updated Rules and Regs resumed in 2023 and has been ongoing ever since.
Staff utilizes specialized legal counsel (personnel attorneys), to deal with such matters.
They have been involved in the process to ensure the significant changes in law are being reflected in the updated Rules and Regs. This project is expected to be completed by the end of the calendar year.
In conjunction with the Rules and Regs update project, the relevant chapters of the VMC have also been reviewed in their entirety. As a result, staff is recommending updates to the VMC in order to bring efficiency to the process of updating the Rules and Regs, as well as bring consistency.
Discussion:
Because Chapters 2.04, 2.08, and 2.22 of the VMC were reviewed in their entirety, there are several minor or grammatical revisions that are self-explanatory. However, below is a summary of the proposed changes within Ordinance No. 2452 that may require additional clarification:
Chapter 2.04
Section 2.04.040 Bond: The update in this section provides the City Council the option of approving an insurance policy, rather than a corporate surety bond, to ensure the faithful performance of the duties imposed upon the City Manager. This revision provides greater flexibility in the type of protection the City Council can accept for faithful performance.
Similar bonding requirements exist for the City Clerk and City Treasurer. As a result, Sections 2.08.050 and 2.08.060 of the VMC are also being updated. The revision will bring this section up to date with current operating practice. The City has a Government Crime Policy with a “Faithful Performance of Duty Coverage for Government Employee” Endorsement with an insurance limit of $5 million (deductible of $2,500) to cover losses resulting directly from the failure of any employee to faithfully perform his or her duties as prescribed by law.
Section 2.04.050 Acting City Manager: The current language in the VMC refers to the Assistant City Manager serving as Acting City Manager in the temporary absence of the City Manager. The City’s current Table of Organization does not include an Assistant City Manager. The proposed revision provides greater flexibility by allowing the City Manager 3 7
7 9
to designate a qualified city employee to serve as Acting City Manager in his/her absence.
Typically, this would be a Deputy City Manager or Department Head.
Section 2.04.090 Authority Over Employees: The VMC indicates the City Manager has the authority to give directions to employees of the city through their department heads.
The revision to this section removes the phrase “through their department heads” as there may be times when the Department Head is unavailable, and the City Manager gives directions to employees other than a Department Head.
Section 2.04.100 Power of Appointment and Removal: The VMC currently indicates the City Manager has appointment authority of appointive officers and employees, except the City Attorney. The VMC currently delegates the appointment authority of the City Clerk and City Treasurer to the City Manager pursuant to Government Code Section 34856, but indicates they are not subject to the City’s personnel ordinances, or the Rules and Regs. The proposed revision removes the phrase, “but they shall not be subject to the personnel ordinances, rules and regulations.” The removal of this phrase updates the VMC to make sure that employees in the City Clerk and City Treasurer role understand there are provisions of the Rules and Regs that, in fact, do apply to them.
Section 2.04.150 Budget: The language added to this section specifies the annual budget will include the Table of Classification and Table of Compensation for employees. This update is tied to the new language included in Section 2.22.040 which delegates the authority and duty to the City Manager to implement changes to the City’s Classification Plan and Compensation Plan via updates to the Table of Organization and Table of Compensation.
Section 2.04.280 Limitation on Removal: The existing language is somewhat unclear, therefore, has been clarified, and also has been revised to reflect the time periods the Council has previously approved in the current City Manager’s employment contract. The limitation on removal is intended to help to prevent the politicizing of the termination of a city manager by a city council in conjunction with an election cycle.
Chapter 2.08
As stated in the discussion regarding the revisions to Section 2.04.040, the bonding requirements for the City Clerk and the City Treasurer found in Section 2.08.050 and
2.08.060 are being updated to allow for an insurance policy in lieu of the surety bond currently required. The revisions will bring those sections up to date with current operating practice. The crime insurance policy endorsement previously described covers these positions as well.
Section 2.08.030 is also being updated, and Section 2.08.035 is being added, to reflect that certain financial and accounting duties previously transferred to the City Clerk are now being transferred to the City Treasurer. This more appropriately reflects the responsibility for financial reporting.
3 7
7 9
Section 2.08.070 Removal of Papers or Documents from City Offices: This section has been updated to grant the City Manager and City Clerk the authority to allow official records or documents to be removed from city offices. These are full-time positions that would more practically deal with that issue.
Chapter 2.22
Section 2.22.030 Exclusions–Competitive Service: This section has been updated to reflect the positions that are excluded from the competitive service. The employee positions listed are otherwise known as “at-will” positions. Positions equivalent to a Department Head and above are considered at-will positions. The update more accurately reflects the current Table of Organization. Additionally, the last paragraph of this section has been updated to provide clarity and provide a safeguard for any at-will employees that may have due process rights.
Section 2.22.040 Personnel System Development; City Manager Implementation Authority: This section of the VMC has been updated to grant the City Manager further implementation authority of the personnel system. Existing municipal code already delegates the powers and duties of the Personnel Officer to the City Manager. The proposed changes further define such delegation to include the development, revision, and approval of the Rules and Regs, and related procedures for city employees. The goal of a more streamlined process is to provide efficiency for regular updates to the Rules and Regs due to changes in law, implement best practices as they develop over time, and provide flexibility for changes to the evolving workforce.
Section 2.22.040 has also been updated to delegate to the City Manager the responsibility to develop and revise the classification and compensation plans for employees and to recommend to the City Council for its approval any changes to such plans via revisions to the Tables of Organization and Compensation.
Finally, this section has been updated to require the City Manager to keep the City Council informed of changes affecting major personnel policy, the City workforce, or personnel impacts on the community.
Deletion of Subsequent Personnel Sections
Section 2.22.050 Personnel Rules
Section 2.22.060 Appointment to Competitive Service - Generally Section 2.22.070 Probationary Period
Section 2.22.075 Probationary Period Exception; Lateral Appointments (Hires) of Firefighter Paramedics
Section 2.22.080 Disciplinary Action - Generally
Section 2.22.090 Appeals
Section 2.22.100 Abolition of Positions in Competitive Service Section 2.22.110 Improper Political Activities or Political Activities of the City Employees Section 2.22.120 Discriminatory Practices Prohibited
3 7
7 9
These sections have been deleted from the VMC as the specific topics are covered in the existing personnel Rules and Regs, or will be covered in the updated Rules and Regs as they are personnel-related in nature.
Section 2.22.130 Authority to Contract for Personnel Services: This section is being deleted as the City Manager and City Council are already granted such contracting authority in VMC Chapter 2.28 which contains the City’s Purchasing System.
Conclusion
The revisions contained in proposed Ordinance No. 2452 are consistent with the City Manager’s powers, duties, and authority that already exists within VMC sections 2.04.070 and 2.04.090. These updates are also consistent with the Employment Agreement of the City Manager which indicates he shall have authority over employees and power of appointment and removal of employees. As the administrative head of the city, the City Manager is responsible for the employees. Accordingly, the responsibility to update, revise, and enforce the Rules and Regs is in line with such authority over employees. The VMC updates within Ordinance No. 2452 remove conflict between the existing municipal code and the contracted responsibilities of the City Manager.
Staff remains available for any questions or comments.
Attachments: A. Ordinance No. 2452
B. Blackline Comparison
Attachment A
1 ORDINANCE NO. 2452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.08, AND 2.22 OF THE VICTORVILLE MUNICIPAL CODE TO: (1) FURTHER DEFINE THE POWERS AND DUTIES OF THE CITY MANAGER; (2) FORMALLY AUTHORIZE THE USE OF INSURANCE IN LIEU
OF STATUTORY FAITHFUL PERFORMANCE BONDS FOR THE OFFICES OF CITY MANAGER, CITY CLERK, AND CITY TREASURER; AND (3) UPDATE THE CITY’S MUNICIPAL CODE PROVISIONS RELATING TO THE CITY’S PERSONNEL MERIT SYSTEM
WHEREAS, the City Council of the City of Vi ctorville (the “ City”) has heretofore adopted various ordinances describing the powers and duties of its various officers and establishing a personnel system which are codified in Title 2 of the Victorville Municipal Code (“VMC”); and
WHEREAS, many of these ordinances were originally adopted nearly fifty years ago, and despite having been amended from time -to-time to reflect changing laws and City practices, several chapters have been identified as needing comprehensive revisions for clarity and to reflect the City's current organization, practices, and rapidly evolving laws, particularly those involving labor and personnel; and
WHEREAS, the City Council wishes to adopt this Ordinance in order to: (1) clarify and update the functions and duties of the Cit y Treasurer and City Clerk to reflect current City practices; (2) permit governmental crime insurance policies to be utilized for certain city office rs in lieu of bonds; (3) delegate authority to the City Manager to amend and adopt Personnel Rules and Regulations for the City ; (4) specify that the current Personnel Rules and Regulations will remain in place pending adoption of amendments by the City Manager; and (5) amend and clarify the powers and duties of the City Manager with respect to his current designation as the personnel officer of the City; and (5) revise and modernize certain outdated provisions of Title 2 of the VMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN 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. Amendment of Chapters 2.04, 2.08 and 2.22 of Title 2 of the Victorville Municipal Code.
CHAPTERS 2.04 (“CITY MANAGER”) ; 2.08 (“OFFICERS GENERALLY”) ; AND CHAPTER 2.22 (“PERSONNEL MERIT SYSTEM”) OF TITLE 2 OF THE
VICTORVILLE MUNICIPAL CODE ARE EACH HEREBY AMENDED IN THEIR ENTIRETY TO READ AS FOLLOWS:
2 Chapter 2.04 - CITY MANAGER
2.04.010 - Appointment and termination.
The office of the city manager is created and established pursuant to provisions of Section 34851, et seq. of the Government Code. The city manager shall be appointed by the city council and shall hold office at the will and pleasure of the city council. Unless expressly provided otherwise in an employment agreement entered into pursuant to Section 2.04.290, the city manager may be removed from office and terminated as an employee of the city by a majority vote of the city council, without cause or justification and without right of appeal or hearing.
2.04.040 – Bond or faithful performance of duty insurance policy.
The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. In the alternative, the city council may approve procurement and maintenance by the City of a government crime insurance policy or employee dishonesty insurance policy, including faithful performance of duty coverage for the city manager, pursuant to Government Code section 1463. The premium for such bond or insurance policy shall be a proper charge against the City.
2.04.050 - Acting city manager.
The city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. In the event the city manager's absence or disability extends over a six-month period, the city council may, after the six -month period, appoint an acting city manager. The qualified city administrative officer acting as city manager shall comply with the provisions of Section 2.04.040.
2.04.060 - Compensation.
The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.
2.04.070 - Powers and duties.
The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to the city manager’s general powers as administrative head, and not as a limitation thereon, it shall be the city manager’s duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.100.
2.04.080 - Law enforcement.
It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
3 2.04.090 - Authority over employees.
It shall be the duty of the city manager and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction.
2.04.100 - Power of appointment and removal.
It shall be the duty of the city manager to and he or she shall appoint, remove, promote and demote any and all subordinate appointive officers and employees of the city, but excepting the city attorney, subject to all applicable personnel ordinances, rules and regulations. The city manager shall appoint, remove, promote and demote the city clerk and city treasurer.
2.04.110 - Administrative reorganization of offices.
It shall be the duty and responsibili ty of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.
2.04.120 - Ordinances.
It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary.
2.04.130 - Attendance at council meetings.
It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his or her removal is under consideration.
2.04.140 - Financial reports.
It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.
2.04.150 - Budget.
It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual tables of classification and compensation for employees to the city council for its approval.
2.04.160 - Purchasing agent.
It shall be the duty of the city manager and he or she shall be responsible for the purchase of all supplies for all the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.
2.04.170 - Investigations and complaints.
It shall be the duty of the city manager to make investigations into the af fairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the admin istration of the city government and in regard to the service maintained by public utilities in the city.
4 2.04.180 - Public buildings.
It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.
2.04.190 - Hours of employment.
It shall be the duty of the city manager to devote his or her entire time to the duties of his or her office and in furthering the interests of the city.
2.04.200 - Additional duties.
It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council.
2.04.210 - Council-manager relations.
The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take orders and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual councilmember shall give any orders or instructions to the city manager.
2.04.220 - Departmental cooperation.
It shall be the duty of all subordinate officers and the city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.
2.04.230 - Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon the city manager’s own volition or upon direction of the city council. At such meetings which the city manager attends, the city manager shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the mem bers thereof, and the city manager shall inform said members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.
2.04.280 - Limitation on removal.
Notwithstanding the at -will employment provisions of Section 2.04.010, the city manager shall not be removed from office, other than for misconduct in office, for a period of ninety (90) days prior to and one hundred eighty ( 180) days following any general municipal, special, or recall election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly -elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his/her office. After expiration of the aforementioned pre and post-election time periods, the at-will employment provision of Section 2.04.010 shall apply and be effective.
5 2.04.290 - Agreements on employment.
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager de lineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.
2.04.300 - Approval of warrants/demands.
It shall be the duty and responsibility of the city manager to review, process, reject and/or approve claims, demands and warrants in accordance with the applicable provisions of Chapter 2.24 of this Code.
2.04.310 - Substitution of titles.
Wherever the words "city administrator" appear in the Victorville Municipal Code or in any ordinance, resolution, cont ract or any other document or record of the city, the words "city manager" shall be substituted in lieu thereof.
Chapter 2.08 - OFFICERS GENERALLY
2.08.010 - Assessor and tax collector—Transfer of duties to county officers.
Pursuant to the authority granted by Section 51501 of the California Government Code, the assessment and tax collection duties performed by the city assessor and tax collector are transferred to the assessor and tax collector of the county.
2.08.020 - Assessor and tax collector—Abolishment of offices.
The offices of city assessor and tax collector are abolished.
2.08.030 - Assessor and tax collector—Transfer of duties to city treasurer.
Pursuant to the authority granted by Section 51507 of the California Government Code, the duties of the city assessor, other than the assessing of city property and the duties of the tax collector, other than the collection of taxes, originally transferred to the city clerk are transferred to and shall be performed by the city treasurer.
2.08.035 – City treasurer – Other duties transferred.
Pursuant to Section 34004 of the California Government Code, the financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 thereof are also transferred to the city treasurer, who shall perform those duties and such other duties as are required by law or designated by the city manager.
2.08.040 - City clerk—Duties.
Any applications required to be filed with the city or fees required to be paid to the city , pursuant to the provisions of this code, shall be filed with or paid to the city clerk, unless otherwise by this code provided.
2.08.050 - City clerk—Bond or faithful performance of duty insurance policy.
The city clerk upon the entry to his or her dut ies of office shall execute a bond to the city in 6 conformity with bonds of public officers, and in conformity with the provisions of the Government Code of the state relating thereto, in the amount of five thousand dollars or such reasonable amount as the city council may determine from time to time by resolution. In the alternative, the city council may approve procurement and maintenance by the city of a government crime insurance policy or employee dishonesty insurance policy, including faithful performa nce of duty coverage for the city clerk, pursuant to Government Code section 1463. The premium for such bond or insurance policy shall be a proper charge against the city.
2.08.060 - City treasurer—Bond or faithful performance of duty insurance policy.
The city treasurer upon the entry of office shall execute a bond to the city in conformity with bonds of public officers, and in conformity with the provisions of the Government Code of the state relating thereto, in the amount of five thousand dollars or such reasonable amount as the City Council may determine from time to time by resolution. In the alternative, the city council may approve procurement and maintenance by the city of a government crime insurance policy or employee dishonesty insurance policy, including faithful performance of duty coverage for the City Treasurer, pursuant to Government Code section 1463. The premium for such bond or insurance policy shall be a proper charge against the City.
2.08.070 - Removal of papers or documents from city offices.
No person, unless authorized by the city clerk or the city manager, shall remove any official records or documents from the city offices.
Chapter 2.22 - MERIT SYSTEM FOR PERSONNEL ADMINISTRATION (formerly titled “Personnel Merit System”)
2.22.010 - Adoption of merit system for personnel administration.
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best, most competent persons available, to assure that appointments and promotions of employees to the competitive service will be based on merit and fitness and to provide a reasonable degree of security for qualified employees the personnel system set out in this chapter is adopted.
2.22.020 - Personnel system of the city.
The merit system for personnel administration created and established in Section 2.22.010, and all of its benefits are extended to and, by this section, includes all regular and permanent employees, members of all departments of the c ity who are members of the State Employees' Retirement System subject to the provisions of the State Employees' Retirement Act of the state of California, except elected officials and those expressly excluded in Section 2.22.030 hereof.
2.22.030 – Exclusions from the Competitive service.
Provisions of this chapter shall apply to all officers and employees in the service of the city, except:
(a) Elected officials;
7 (b) City manager, assistant city managers, and deputy city managers;
(c) Department heads or equivalent (as designated on the table of organization adopted by the City Council);
(d) Members of appointive board commissions, committees and agencies;
(e) Contract employees;
(f) Volunteer personnel;
(g) City attorney;
(h) City Clerk;
(i) City Treasurer;
(j) Emergency employees (who are hired to meet the immediate requirements of an emergency condition, such as an extraordinary fire, flood, earthquake, etc., which threatens life or property);
(k) Part-time employees;
(l) Temporary or seasonal employees, whether part-time or full-time;
(m) Contractors or consultants who may be doing business with the city;
(n) Probationary employees;
(o) Provisional employees;
(p) Employees, other than those listed in this section, who are not employed in regular positions; including, but not limited to, employees working under contingent employment conditions.
Employees excluded from the competitive service serve at the will and pleasure of the appointing power and may be terminated at any time without any obligation whatsoever, on the part of the city, to prove cause or justification and without right of appeal or hearing , unless otherwise required by law. The terms of this section shall not be changed in any way whatsoever, except by an ordinance or duly adopted resolution of the city council.
2.22.040 - Personnel system development; city manager implementation authority.
The city manager is delegated the following powers, authority and/or duties:
(a) To act as city personnel officer and to have the authority to delegate such duties inherent therein to a management employee as he or she shall deem appropriate, in whole or in part, 8 by issuance of appropriate administrative orders;
(b) To develop, approve, review, and revise comprehensive personnel rules, forms and procedures governing the details of all personnel administration and management encompassing all categories of appointed city employees;
(c) To develop, review, and revise a position classification plan encompassing all categories of appointed city employees; to recommend revisions to the classification plan which shall become effective upon approval of the table of organization by the city council;
(d) To develop, review, and revise a compensation plan encompassing all categories of appointed city employees and to administer such plan; to recommend revisions to the compensation plan which shall become effective upon approval of the table of compensation by the city council;
(e) To keep the city council informed of changes affecting major personnel policy, the city employee workforce or personnel impacts on the community.
Section 3. Current Personnel Rules to Remain in Place Until Amended
The City of Victorville Personnel Rules and Regulations, as adopted by the City Council and last amended on December 18, 2018, shall remain in force until otherwise modified by the City Manager.
Section 4. Repeal of Conflicting Provisions.
All the provisions of the Victorville Municipal Code heretofore adopted by the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. 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 6. CEQA Exemption.
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational. or administrative activity that will not result in direct or indirect changes in the environment.
9 Section 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its final passage.
Section 8. Certification.
The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.
Attachment B
Redline/Blackline Comparison - Changes to VMC Proposed by Ordinance No. 2452 Chapter 2.04 - CITY MANAGER
2.04.010 - Appointment and termination.
The oƯice of the city manager is created and established pursuant to provisions of Section 34851, et seq. of the Government Code. The city manager shall be appointed by the city council and shall hold oƯice at the will and pleasure of the city council. Unless expressly provided otherwise in an employment agreement entered into pursuant to Section 2.04.290, the city manager may be removed from oƯice and terminated as an employee of the city by a majority vote of the city council, without cause or justification and without right of appeal or hearing.
2.04.040 – Bond or faithful performance of duty insurance policy.
The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. In the alternative, the city council may approve procurement and maintenance by the City of a government crime insurance policy or employee dishonesty insurance policy, including faithful performance of duty coverage for the city manager, pursuant to Government Code section 1463. The premium for such bond or insurance policy shall be a proper charge against the City.
2.04.050 - Acting city manager.
The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, theThe city manager, by a letter filed with the city clerk, shall designate a quali fied city administrative oƯicer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. In the event the city manager's absence or disability extends over a six-month period, the city council may, after the six-month period, appoint an acting city manager. The assistant city manager orThe qualified city administrative oƯicer acting as city manager shall furnish a corporate surety bond to be approved bycomply with the city council in such sums as may be determined by the city council and shall be conditioned upon the faithful performance provisions of the duties imposed upon the acting city manager or other qualified city administrative oƯicer. Any premium for such bond shall be a proper charge against the citySection 2.04.040.
2.04.060 - Compensation.
The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.
2.04.070 - Powers and duties.
The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. HeThe city manager shall be responsible for the eƯicient administration of all the a Ưairs of the city which are under his or her control. In addition to his the city manager ’s general powers as administrative head, and not as a limitation thereon, it shall be histhe city manager’s duty and he or she shall have the powers set forth in Sections 2.04.080 through 2.04.100.
2.04.080 - Law enforcement.
It shall be the duty of the city manage r to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
2.04.090 - Authority over employees.
It shall be the duty o f the city m anager and he or s he shall have t he authority to contro l, order and give directions to all heads of departments and to subordinate oƯicers and employees of the city under his or her ju.
2.04.100 - Power of appointment and removal.
It shall be the duty of the city manager to and he or she shall appoint, remove, promote and demote any and all subordinate appointive oƯicers and employees of the city, but excepting the city attorney, subject to all applicable personnel ordinances, rules and regulations. The city manager shall appoint, remove, promote and demote the city clerk and city treasurer but they shall not be subject to the personnel ordinances, rules and regulations.
2.04.110 - Administrative reorganization of oƯices.
It shall be the duty and responsibility of the city manager to conduct studies and e Ưect such administrative reorganization of o Ưices, positions or units under his or her direction as may be indicated in the interest of eƯicient, eƯective and economical conduct of the city's business.
2.04.120 - Ordinances.
It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary.
2.04.130 - Attendance at council meetings.
It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his or her removal is under consideration.
2.04.140 - Financial reports.
It shal l be th e duty o f the city manage r to keep the city counci l at a ll times full y advi sed as to the financial condition and needs of the city.
risdictionthrough their department heads.
2.04.150 - Budget.
It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan tables of classi fication and compensation for employees to the city council for its approval.
2.04.160 - Purchasing agent.
It shall be the duty of the city manager and he or she shall be responsible for the purchase of all supplies for all the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager.
2.04.170 - Investigations and complaints.
It shall be the duty of the city manager to make investigations into the a Ưairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city.
2.04.180 - Public buildings.
It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council.
2.04.190 - Hours of employment.
It shall be the duty of the city manager to devote his or her entire time to the duties of his or her oƯice and in furthering the interests of the city.
2.04.200 - Additional duties.
It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other oƯicial action of the city council.
2.04.210 - Council-manager relations.
The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. / The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council, and no individual councilmancouncilmember shall give any orders or instructions to the city manager.
2.04.220 - Departmental cooperation.
It shall be the duty of all subordinate o Ưicers and the city attorney to assist the city manager in administering the aƯairs of the city eƯiciently, economically and harmoniously.
2.04.230 - Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission and any other commissions, boards or committees created by the city council, upon his the city manager’s own volition or upon direction of the city council. At such meetings which the city manager attends, hethe city manager shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he the city manager shall inform said members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.
2.04.280 - Limitation on removal.
Notwithstanding the at-will employment provisions of Section 2.04.010, the city manager shall not be removed from oƯice, other than for misconduct in oƯice, during or withinfor a period of ninety (90) days prior to and one hundred eighty (180) days next succeeding following any general municipal , special, or recall election held in the city at which election a member of the city council is elected.
The purpose of this provision is to allow any newly-elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his/her oƯice. After expiration of the aforementioned pre and post-election time periodssuch ninety-day period, the at-will employment provision of Section 2.04.010 asks that the removal of the city manager shall apply and be eƯective.
2.04.290 - Agreements on employment.
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.
2.04.300 - Approval of warrants/demands.
It shall be the duty and responsibility of the city manager to review, process, reject and/or approve claims, demands and warrants in accordance with the applicable provisions of Chapter 2.24 of this Code.
2.04.310 - Substitution of titles.
Wherever the words "city administrator" appear in the Victorville Municipal Code or in any ordinance, resolution, contract or any other document or record of the city, the words "city manager" shall be substituted in lieu thereof.
Chapter 2.08 - OFFICERS GENERALLY*
2.08.010 - Assessor and tax collector—Transfer of duties to county o Ưicers.
Pursuant to the authority granted by Section 51501 of the California Government Code, the assessment and tax collection duties performed by the city assessor and tax collector are transferred to the assessor and tax collector of the county.
2.08.020 - Assessor and tax collector—Abolishment of o Ưices.
The oƯices of city assessor and tax collector are abolished.
2.08.030 - Assessor and tax collector— Transfer of duties to city clerk.treasurer.
Pursuant to the authority granted by Section 51507 of the California Government Code, the duties of the city assessor, other than the assessing of city property and the duties of the tax collector, other than the collection of taxes, originally transferred to the city clerk are transferred to and shall be performed by the city clerk, or such o Ưicer of the county as may by contract with the city be designated and authorized to perform such dutiestreasurer.
2.08.035 – City treasurer – Other duties transferred.
Pursuant to Section 34004 of the California Government Code, the financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 thereof are also transferred to the city treasurer, who shall perform those duties and such other duties as are required by law or designated by the city manager.
2.08.040 - City clerk—Duties.
Any applications required to be filed with the city or fees required to be paid to the city, pursuant to the provisions of this code, shall be filed with or paid to the city clerk, unless otherwise by this code provided.
2.08.050 - City clerk—Bond or faithful performance of duty insurance policy.
The city clerk upon the entry to his or her duties of oƯice shall execute a bond to the city in conformity with bonds of public o Ưicers, and in conformity with the provisions of the Government Code of the state relating thereto, in the amount of five thousand dollars or such reasonable amount as the city council may determine from time to time by resolution. In the alternative, the city council may approve procurement and maintenance by the city of a government crime insurance policy or employee dishonesty insurance policy, including faithful performance of duty coverage for the city clerk, pursuant to Government Code section 1463. The premium for such bond or insurance policy shall be a proper charge against the city.
2.08.060 - City treasurer—Bond or faithful performance of duty insurance policy.
The city treasurer upon the entry of oƯice shall execute a bond to the city in conformity with bonds of public oƯicers, and in conformity with the provisions of the Government Code of the state relating thereto, in the amount of five thousand dollars. or such reasonable amount as the City Council may determine from time to time by resolution. In the alternative, the city council may approve procurement and maintenance by the city of a government crime insurance policy or employee dishonesty insurance policy, including faithful performance of duty coverage for the City Treasurer, pursuant to Government Code section 1463. The premium for such bond or insurance policy shall be a proper charge against the City.
2.08.070 - Removal of papers or documents from city oƯices.
No person , unless authorized by the city clerk or the city manager , mayor or city attorney, shall remove any papersoƯicial records or documents from the city oƯices.
Chapter 2.22 - PERSONNEL MERIT SYSTEM FOR PERSONNEL ADMINISTRATION
2.22.010 - Adoption of merit system for personnel systemadministration.
In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best, most competent persons available, to assure that appointments and promotions of employees to the competitive service will be based on merit and fitness and to provide a reasonable degree of security for qualified employees the personnel system set out in this chapter is adopted.
2.22.020 - Personnel system of the city.
The personnel merit system for personnel administration created and established in Section
2.22.010, and all of its bene fits are extended to and, by this section, includes all regular and permanent employees, members of all departments of the city who are members of the State Employees' Retirement System subject to the provisions of the State Employees' Retirement Act of the state of California, except elective o Ưicerselected o Ưicials and those expressly excluded in Section 2.22.030 hereof.
2.22.030 - Exclusions
from the Competitive service.
Provisions of this chapter shall apply to all o Ưicers' positionsoƯicers and employmentemployees in the servicesservice of the city, except:
(a)Elective oƯicers Elected oƯicials;
(b) City manager, assistant city managers, and deputy city managers; (c) Department heads or equivalent (as designated on the table of organization adopted by the City Council), and assistant to the city manager;
(d) Members of appointive board commissions, committees and agencies; (e) Contract employees;
(f) Volunteer personnel;
(g) City attorney;
(h) City Clerk;
(i) City Treasurer;
(h)Emergency employees;
(hj) Emergency employees; who are hired to meet the immediate requirements of an emergency condition, such as an extraordinary fire, flood, earthquake, etc., which threatens life or property; (ik) Part-time employees;
(jl)Call personnel;
(k)Project Temporary or seasonal employees, whether part-time or full-time; (km) Contractors or consultants who may be doing business with the city; (ln)Manpower employees;
(m) Probationary employees;
(n)mo) Provisional employees;
(o)Conditional employees;
(p)Temporary employees. (np) Employees, other than those listed in this section, who are not employed in regular positions; including, but not limited to, employees working under contingent employment conditions.
Employees excluded from the competitive service serve at the will and pleasure of the appointing power and may be terminated at any time without any obligation whatsoever, on the part of the city, to prove cause or justi fication and without right of appeal or hearing , unless otherwise required by law. The terms of this section shall not be changed in any way whatsoever, except by an ordinance or duly adopted resolution in a writing which has been approved by the city council and signed by a duly authorized representative of the city council.
2.22.040 - Personnel oƯicersystem development; city manager implementation authority.
The city manager shall be the is delegated the following powers, authority and/or duties:
(a) To act as city personnel oƯicer. The city manager may and to have the authority to delegate any of the powers and duties conferred upon him as personnel oƯicer under this chapter to any other oƯicer or such duties inherent therein to a management employee of the city or may recommend that such powers and duties be performed under contract as providedas he or she shall deem appropriate, in this chapter. The personnel oƯicer shall:whole or in part, by issuance of appropriate administrative orders;
(a) Administer all the provisions of this chapter and of the(b) To develop, approve, review, and revise comprehensive personnel rules not specifically reserved to the city council; (b) Prepare, forms and recommend to procedures governing the city council details of all personnel rulesadministration and revisions and amendments to such rules. The city attorney shall approve of the legality of such rules and amendments prior to their submission to the city councilmanagement encompassing all categories of appointed city employees; (c) Prepare or cause to be prepared, To develop, review, and revise a position classi fication plan including class speci fications and encompassing all categories of appointed city employees; to recommend revisions of to the classification plan. The plan and any revisions thereof which shall become eƯective upon approval of the table of organization by the city council;. (d) Prepare or cause to be prepared,To develop, review, and revise a plan of compensation and plan encompassing all categories of appointed city employees and to administer such plan; to recommend revisions thereof covering all classi fications in to the competitive service.
Thecompensation plan and any revisions thereof which shall become eƯective upon approval of the table of compensation by the city council;.
(e) Provide for the publishing or posting of notices of tests for positions in the competitive service.
The receiving of applications therefor, the conducting and grading of tests, and the certi fication to the appointing power of a list of all persons eligible for appointment to the appropriate positions in the competitive service.
(e) To keep the city council informed of changes aƯecting major personnel policy, the city employee workforce or personnel impacts on the community.
2.22.050 - Personnel rules.
Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted for at least five days prior to council action and consideration. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rule. The rules shall establish regulations governing the personnel system including:
(a) Preparation, installation, revision, and maintenance of the position classi fication plan covering all positions in the competitive service, including employment standards, and qualifications for each class;
(b) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range for each class; (c) Public announcements of all tests and acceptance of applications for employment; (d) Preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment; (e) Certi fication and appointment of persons from employment lists and the making of other appointments;
(f) Evaluation of employees during probation period;
(g) Transfer, promotion, demotion, reinstatement, disciplinary action and lay oƯ of employees in the competitive service;
(h) Separation of employees from the city's service;
(i) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training;
(j) The establishment of adequate personnel records;
(k) The establishment of grievance and appeal procedures; (l) Rules governing employee organizations as permitted by statute.
2.22.060 - Appointment to competitive service—Generally.
Appointment to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of the candidate such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination of these or other tests. Physical and medical tests may be given as a part of the examination.
In any examination the personnel o Ưicer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor.
Appointments shall be made by the city manager or by the o Ưicer in whom the power to make appointments is vested.
When an appointment is to be made to a vacancy in the competitive services, the personnel o Ưicer shall transmit to the appointing power the names of all persons on the appropriate certi fied employment list, in the order in which they appear on the list.
In the absence of appropriate employment lists, a provisional appointment may be made not to exceed six months by the appointing authority of a person meeting the minimum training and experience qualifications for the position.
During the period of suspension of any employee or pending final action on proceedings to review suspension, demotion or discharge of any employee, such vacancy may be filled by the appointing authority subject to the provisions of this chapter and the personnel rules.
2.22.070 - Probationary period.
Except as may be speci fied otherwise in this chapter, all original and promotional appointments to the competitive service shall be tentative and subject to a probationary period of not less than twelve months; provided, however, that the personnel o Ưicer is authorized to extend for a period not to exceed six months the probationary period of any employee in the city. The city council may, by resolution, establish a longer probationary period for speci fied classes. During the probationary period the employee may be rejected at any time without cause or justification and without the right of appeal or hearing. An employee rejected during the probationary period from a competitive service position to which he/she has been promoted from another competitive service position shall be reinstated to a position in the class in which he/she was promoted unless he/she is discharged from the city's service in accordance with the provisions applicable to employees in the competitive service.
An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class in which he/she was promoted or transferred, if action is taken to reject him/her, unless he/she is discharged in a manner provided in this chapter and the personnel rules for positions in the competitive service.
If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the personnel oƯicer a statement in writing to such eƯect and state that the retention of such employee is requested. If such a statement is not filed, the employee will be deemed unsatisfactory and his/her employment terminated at the expiration of his/her probationary period.
2.22.075 - Probationary period exception; lateral appointments (hires) of firefighter/paramedics.
When it is determined by the city manager that it is in the best interest of the city to appoint (hire) individuals for the position classi fication of firefighter/paramedic, and such individuals meet the Lateral Entry requirements (as hereinafter de fined), the probationary period may be reduced to six months. However, if the probationary period is reduced to six months, all other provisions of Section
2.22.070 shall remain applicable.
To meet the requirements for Lateral Entry, the applicant must be presently employed by the fire department of another recognized United States public agency (city, county, fire protection district, etc.) in the position classi fication for which Lateral Entry is currently being sought; have achieved regular (non-probationary) employment status with such recognized public agency in said position classification; have performed satisfactory service in such position classi fication; and otherwise meet the city's requirements for such position classification.
2.22.080 - Disciplinary action—Generally.
Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay, or suspend without pay for thirty calendar days, any employee in the competitive service. Notice of such action must be in writing and served personally on such employee except when emergency situation exists in which case the notice shall be served within three working days of the action taken.
Such notice shall specify the penalty and contain a statement of the reason or reasons therefor. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.
2.22.090 - Appeals.
Any employee in the competitive service shall have the right to appeal any disciplinary action, dismissal, demotion or alleged violation of this chapter, providing he has exhausted all administrative remedies including a hearing by the personnel o Ưicer except in instances where the right of appeal is prohibited by this chapter. The appeal shall be filed with the city manager and a copy shall be forwarded to the personnel o Ưicer and the department head or division head prior to the appeal hearing. Upon the completion of an appeal hearing and after a decision has been rendered by the city manager, the employee may appeal to the city council. The city council shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the production of evidence by subpoena. The subpoena shall be issued in the name of the city and attested by the city clerk. Each member of the city council shall have the power to administer oaths to witnesses. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures set forth in the personnel rules and regulations adopted pursuant to this chapter.
2.22.100 - Abolition of positions in competitive service.
Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position or employment in the competitive service. Employees transferred, demoted or laid o Ư because of the abolishment of positions, shall not be subject to written charges nor shall they have the right of appeal in such cases. The names of the probationary and permanent employees laid o Ư shall be placed upon a reemployment list for classes which, in the opinion of the personnel o Ưicer, require basically the same quali fications and duties and responsibilities as those of the class or positions from which lay oƯ was made.
2.22.110 - Improper political activities or political activities of the city employees.
The political activities of city employees shall conform to pertinent provisions of state law.
2.22.120 - Discriminatory practices prohibited.
No person in the competitive service or seeking admission thereto shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against because of political opinion or aƯiliation or because of race, color, ancestry, national origin or religious belief.
2.22.130 - Authority to contract for personnel services.
The city manager shall consider and make recommendations to the city council regarding the extent to which the city should contract performance of technical service in connection with the establishment or operation of the personnel system. The city council may contract with any qualified person or agency for the performance of any of the following responsibilities or duties imposed by this chapter:
(a)Preparation of personnel rules and subsequent revisions and amendments; (b)Preparation of a position classification plan and subsequent amendments thereof; (c)Preparation of a plan of compensation and subsequent amendments thereof; (d)The preparation, conduct and grading of competitive tests; (e)Special technical services of advisory or informational character on matters relating to personnel administration.
P:\APPS\WPDATA\VVCA\0001\DOCS 2 (9.2.22)\066.2-REDLINE SHOWING CHANGES TO VMC PROPOSED BY ORDINANCE NO 2452 10.08.24.DOCX Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Alex Jauregui, City Planner
Subject:
Substitution of Trustee and Deed of Reconveyance, and Termination and Release of Covenants, Conditions and Restrictions for Residential Compliance Program case number 17-11-09 (12455 Sunny Vista Ave., Victorville, CA 92395); as well as acceptance and reallocation of associated Program Income Funds
Recommendation:
That the City Council take the following actions regarding Residential Compliance Program Case No. 17-11-09:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the required Termination and Release of the original Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the Termination and Release of the original CC&Rs by the Deputy City Manager;
(4) Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income Account; and
(5) Adopt Resolution No. 24-091, amending the annual budget for fiscal year 2024-2025, reallocating the subject $8,342.10 Residential Rehabilitation Program – Program Income funds to the Residential Rehabilitation Program.
Fiscal Impact:
Approval of the item will allow for the acceptance and reallocation of $8,342.10 in program income from the Residential Compliance Program (RCP), which will be used to benefit a participant in the Residential Rehabilitation Program (RRP) in accordance with the City's adopted Annual Action Plan. This proposal would cause the following revenue and expenditure budget accounts to be updated to reflect the acceptance and reallocation of the subject $8,342.10 to the appropriate RRP accounts.
Budget Account Number:
3 8
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2853025-47520-20733 - Residential Rehabilitation Program Income (Revenue) 2853025-52300-20733 - Residential Rehabilitation Program Income (Expenditure) Per the Department of Housing and Urban Development (HUD) rules, program income must be spent before yearly Community Development Block Grant (CDBG) allocations can be spent. Therefore, this reallocation request of $8,342.10 in RRP Program into the current Fiscal Year 2024-2025 budget will benefit additional RRP participants, as outlined in the 2024-2025 Annual Action Plan. The RRP maintains a waiting list of over 120 residents, which would utilize over a year's worth of future funding dedicated to this program. Due to the popularity of the program and an expanding wait list, approval of this request to reallocate the subject program income will allow the City to assist a greater number of residents in accordance with the adopted 2022-2026 Consolidated Plan and the 2024-2025 Annual Action Plan.
Strategic Plan Goal:
Approval of this acceptance and reallocation of RRP Program Income will enable the City to further fulfill the following Goals outlined in the 2024-2026 Strategic Plan:
• Goal A (Financial Sustainability) – Reallocating program income from a completed Residential Compliance Program project provides funds to assist additional residents of the City of Victorville while utilizing a revenue opportunity that does not impact the General Fund.
• Goal C (Community and Economic Development) – Utilizing available funds for ongoing projects such as the Residential Rehabilitation Program help maintain the City’s existing housing stock, thereby supporting the preservation of the community.
Background:
The Residential Compliance Program (RCP) was designed to promote local beautification, increase property values, boost curb appeal, and correct any Health and Safety Code, Building Code or Victorville Municipal Code violations. The RCP program was combined with the Residential Curb Appeal Program to create the successor Residential Rehabilitation Program (RRP) in Fiscal Year 2019-2020, which is provided through Community Development Block Grant (CDBG) funding as a deferred payment loan at 3% interest in amounts ranging from $1,000 to $20,000. Loans provided are secured against the property for the term of ten (10) years. The loan can be forgiven should participants remain as the property owner and occupy the dwelling as their principal residence for no less than the program's 10-year term. After 5 years, half of the loan principal and interest may be forgiven should participants remain the property owner and occupy the dwelling as their principal residence.
Discussion:
On November 9, 2017, The RCP Participant (the "Participant") received a loan in the amount of $14,508 to aid in the rehabilitation of the home at 12455 Sunny Vista Ave., Victorville, CA 92395. Rehabilitation included; removing an unpermitted garage conversion and an unpermitted patio cover, driveway repairs, installation of 4 new roof 3 8
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vents, installation of a new door at exterior of garage, and a new garage door opener. All items were completed using an RCP loan. Subsequently, the Participant requested that the City reconvey the Deed of Trust that secured the RCP loan. This request was made due to the terms of the Promissory Note, Deed of Trust, and Covenants, Conditions and Restrictions (CC&Rs) being satisfied with the repayment of associated RCP loan funds and the associated simple interest on September 17, 2024.
According to the Promissory Note, the repayment of the RCP loan required the Participant to pay an amount equal to half of the principal loan of $7,254 ($14,508 less 50% given over 5 years of the loan term exhausted), plus 3% simple interest, calculated at $1,088.10 ($217.62 annual simple interest x 5 years = $1,088.10). The Participant has subsequently paid the principal and simple interest balance totaling $8,342.10.
Since the Participant has satisfied the terms of the Promissory Note, Deed of Trust and CC&Rs (e.g. occupancy requirements, maintenance standards, affordability covenants, etc.), the Participant has requested a release of the encumbrance of the CC&Rs per "Article V" of the original CC&Rs, which also necessitates a Substitution of Trustee and Deed of Reconveyance.
Attachments: A. Resolution No. 24-091
B. Substitution of Trustee and Deed of Reconveyance
C. Termination and Release of CC&Rs
D. Original Promissory Note, Deed of Trust, CC&Rs and Notice of Affordability Restrictions
ATTACHMENT A
Resolution No. 24-091
RESOLUTION NO. 24-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2024-2025
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2024-2025; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2024, 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 City Manager or his designee will provide all necessary justification for the budget a mendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2024-2025 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
RRP Program Income (Rev) 2853025-47520-20733 $8,342.10 RRP Program Income (Exp) 2853025-52300-20733 $8,342.10
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 B
Substitution of Trustee and Deed of
Reconveyance
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: SCOTT WEBB
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 17-11-09
________________________________________________________________________________________
APN: 3093-461-26-0000
12455 Sunny Vista Avenue
Victorville, CA 92395
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
Owner and Holder of the Note secured by the Deed of Trust dated November 9, 2017, executed by Refugio Elizarraras , as original Trustor and the City of Victorville , as original Trustee: and City of Victorville, a Municipal Corporation, as original Beneficia ry; which Deed of Trust recorded May 31, 2018, as Instrument No. 2018-0198245 of the Official Records of San Bernardino County, in the State of California; and
The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of T rust regarding 12455 Sunny Vista Avenue , Victorville, CA, 9239 5 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.
The UNDERSIGNED hereby accepts said appointments as Trustee under said Deed of Trust and as Successor Trustee pursuant to request of said Owner and Holder and in accordance with the provisions of said Deed of Trust does HEREBY RECONVEY WITHOUT WARRANTY TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO all estate now held by him/her/them as Trustee under said Deed of Trust.
IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:
CITY OF VICTORVILLE
Date:_______________ By: ______________________________ Scott Webb
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LOT 493 OF TRACT 5319, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, CALIFORNIA AS PER MAP RECORDED IN BOOK 63, PAGE(S) 74 -86, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 3093-461-26
12455 Sunny Vista Avenue
Victorville, CA 92395
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify und er PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT C
Termination and Release of CC&Rs
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: SCOTT WEBB
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 17-11-09
______________________________________________________________________
(EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 and/or 6103)
APN: 3093-461-26-0000
12455 Sunny Vista Ave.
Victorville, CA 92395
TERMINATION AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS AND
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, and Restrictions (CC&Rs) executed by the City of Victorville Development Department on November 9, 2017 and recorded on May 31, 2018 as Instrument No. 2018-0198246 in the Official Records of San Bernardino County, C alifornia (the “Affordable Housing Restrictions”), upon that certain real property identified in the Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”) . The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restrictions on Trans fer of Property, executed on November 9, 2017 by Development Department, and recorded on May 31, 2018 as Instrument No. 20 18-0198248 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).
Pursuant to the t erms of t he Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Residential Compliance Program loan in full and remitted the accrued interest payment to the City of Victorvil le. As the pre ceding conditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Aff ordability Rest rictions on Transfer of Property is also terminated and released.
CITY OF VICTORVILLE
DATE: _____________________ By:
SCOTT WEBB
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LOT 493 OF TRACT 5319, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, CALIFORNIA AS PER MAP RECORDED IN BOOK 63, PAGE(S) 74 - 86, INCLUSIVE OF MISCELLANE OUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 3093-461-26
12455 Sunny Vista Avenue
Victorville, CA 92395
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) wh ose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT D
Original Promissory Note, Deed of Trust,
CC&Rs and Notice of Affordability
Restrictions
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of the Faithful Performance Securities associated with a Single-Family Residential Home located at 9525 Goss Road
Recommendation:
That the Honorable City Council:
(1) Approve an 80% release of Water Faithful Performance Security associated with a Single-Family home located at 9525 Goss Road; and
(2) Accept the completed Water Public Improvements.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. 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:
Case No. EWTR23-00420 involves a scattered Single-Family Residential Home located within the jurisdiction of San Bernardino County and the Victorville Water District. The developer, Mr. Uriel Lee, was required to install a 356 linear feet water main extension on Goss Road to enable the Victorville Water District to provide water services. As part of this public improvement, the developer provided bonds as security for the Water Public Improvement.
Discussion:
The Developer has completed the Water Public Improvements for Case No EWTR23- 00420. Therefore, staff recommends that the City Council approve an 80% reduction in 3 8
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the Faithful Performance Securities in accordance with Victorville Municipal Code (VMC) Section 17.64.070(1) and accept the completed Water Public Improvements. The remaining 20% of the Faithful Performance Security will be held for the one-year warranty period as stipulated in VMC Section 17.64.070(4).
Staff is available for any questions Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Table
Faithful Performance Security
Water Improvements – 100436975 Labor & Materials Security Water Improvements – 100436975
Amount of ORIGINAL Security: $46,443.10 Amount of ORIGINAL Security: $23,221.55 Amount of Security CURRENTLY: $46,443.10 Amount of Security CURRENTLY: $23,221.55 Amount of Security being REDUCED: $37,154.48 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $9,288.62 Amount of Security REMAINING: $23,221.55
Developer:
Mr. Uriel Lee
12064 Nahoa Way
Victorville, Ca 92392
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Reduction of Securities for the Public Improvements associated with an Industrial Warehouse
Recommendation:
That the Honorable City Council approve the full release of the Street Public Improvement Labor and Material Security for an Industrial Warehouse.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. 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:
Case Nos. BLDC21-00009 and EROW21-00119 pertain to the construction of an 816,300 square foot Industrial Warehouse located at the southwest corner of Phantom West and Nevada Street within the Southern California Logistics Airport (SCLA). The developer, Prologis SCLC Investments/Lot 19 LLC, was required to complete Street Public Improvements as stipulated in the conditions of approval. As part of this public improvement, the developer provided bonds as security for the necessary pavement widening, curb and gutter work, sidewalk installation, and drainage improvements on Phantom West and Nevada Street.
Discussion:
During the regular City Council meeting held on October 3, 2023, the City Council approved an 80% reduction in the Street Faithful Performance Security. Additionally, the 3 8
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recently completed Street Public Improvements were accepted. Per Victorville Municipal Code Section 17.64.070(3), the remaining 20% of the Faithful Performance security was held for a one-year warranty period and the Labor & Materials security was held for a 6- month period. Staff recommends the full release of the Street Public Improvements Labor and Material Security due to the acceptance taking place at the October 3, 2023, regular City Council meeting. Although we are requesting a full release of the Street Public Improvements Labor and Material Security, the remaining 20% of the Faithful Performance Security is not being released at this time because there are eight overhead power lines that are pending conversion to underground lines. The developer is currently collaborating with Southern California Edison (SCE) on this project. Once the work is completed, the Development Engineering Department intends to reevaluate the release of the remaining Faithful Performance Security bonds.
Staff appreciates Prologis being a great development partner. In addition to completing the required public improvements, Prologis slurry-sealed Phantom West along their frontage extending the useful life of the pavement by an additional 5-7 years.
Staff is available for any questions Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment B
Securities Table
Securities Tables
Developer:
Prologis SCLC Investments/Lot 19 LLC
3546 Concours Street, Suite 100
Ontario, California 91764
Faithful Performance Security
Street Improvements – 9395350
Labor & Materials Security
Street Improvements – 9395350
Amount of ORIGINAL Security: $233,281.00 Amount of ORIGINAL Security: $106,950.41 Amount of Security CURRENTLY: $46,656.20 Amount of Security CURRENTLY: $106,950.41 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $106,950.41 Amount of Security REMAINING: $46,656.20 Amount of Security REMAINING: $0.00
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 2A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 2A for Payroll Period July 19, 2024, through August 2, 2024, in the amount of $2,387,471.84 covering Check Nos. 34224 through 34250, including Vendor checks. Also included are Advice Nos. 316978 through 317542, per adopted budget for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
Fiscal Impact:
A total fiscal impact of $2,387,471.84 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 080224
Attachment A
Payroll Report PPE 080224
City of Victorville Council Payroll Report Page 1 of 16 08/30/2024 Total Net
$201.24
$1,146.90
$1,695.69
$2,667.57
$2,703.73
$111.53
$641.63
$159.14
$385.61
($385.61)
$446.21
$658.10
$1,159.11
$446.21
$337.41
$507.31
$980.39
$1,264.65
$397.77
$5.00
$67.00
$50.00
$50.00
$169.81
$705.73
$422.31
$175.00
$75.29
17,244.73
34250 3898 08/13/2024
Checks Total
34248 13491 08/09/2024
34249 18154 08/09/2024
34246 1182 08/09/2024
34247 1182 08/09/2024
34244 1182 08/09/2024
34245 1182 08/09/2024
34242 240 08/09/2024
34243 1182 08/09/2024
34240 3866 08/09/2024
34241 3777 08/09/2024
34238 3658 08/09/2024
34239 3678 08/09/2024
34236 3919 08/09/2024
34237 3904 08/09/2024
34234 3892 08/09/2024
34235 3680 08/09/2024
34232 3898 08/13/2024
34233 3918 08/09/2024
34231 3902 08/09/2024
34232 3898 08/09/2024
34229 3773 08/09/2024
34230 3894 08/09/2024
34227 3736 08/09/2024
34228 3853 08/09/2024
34225 3917 08/09/2024
34226 3916 08/09/2024
Check Number Employee ID Check Date
34224 3466 08/09/2024
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: July 19, 2024 through August 02, 2024 City of Victorville Council Payroll Report Page 2 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
316978 3046 07/30/2024 $2,899.74
316979 2627 08/01/2024 $19,290.87
316980 3344 08/01/2024 $1,578.76
316981 3842 08/05/2024 $895.78
316982 3841 08/05/2024 $912.06
316983 3839 08/05/2024 $879.50
316984 1099 08/09/2024 $1,121.31
316985 3758 08/09/2024 $3,477.97
316986 3243 08/09/2024 $5,713.13
316987 2115 08/09/2024 $6,072.70
316988 3142 08/09/2024 $1,810.02
316989 3640 08/09/2024 $2,022.40
316990 3527 08/09/2024 $2,033.90
316991 3297 08/09/2024 $754.67
316992 3551 08/09/2024 $677.43
316993 3458 08/09/2024 $343.38
316994 3229 08/09/2024 $4,765.93
316995 3290 08/09/2024 $2,331.27
316996 1064 08/09/2024 $7,776.07
316997 3809 08/09/2024 $1,686.49
316998 3467 08/09/2024 $2,293.38
316999 3909 08/09/2024 $1,072.63
317000 1706 08/09/2024 $4,418.70
317001 2395 08/09/2024 $3,999.59
317002 3764 08/09/2024 $2,579.86
317003 2211 08/09/2024 $5,751.65
317004 3849 08/09/2024 $3,973.55
317005 3747 08/09/2024 $2,078.26
317006 3625 08/09/2024 $1,605.87
317007 2624 08/09/2024 $3,293.96
317008 3043 08/09/2024 $2,574.73
317009 3403 08/09/2024 $2,038.74
317010 1748 08/09/2024 $2,530.47
317011 3848 08/09/2024 $1,986.22
317012 3846 08/09/2024 $3,855.05
317013 3913 08/09/2024 $1,941.06
317014 3019 08/09/2024 $5,116.27
317015 3638 08/09/2024 $4,327.33
317016 3561 08/09/2024 $2,683.62
317017 3630 08/09/2024 $2,002.81
317018 2366 08/09/2024 $1,954.44
317019 3750 08/09/2024 $2,197.63
317020 3835 08/09/2024 $2,263.35
317021 3521 08/09/2024 $2,674.82
Advices
City of Victorville Council Payroll Report Page 3 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317022 2093 08/09/2024 $1,649.00
317023 3697 08/09/2024 $3,566.01
317024 2019 08/09/2024 $2,582.45
317025 3753 08/09/2024 $2,621.32
317026 3868 08/09/2024 $2,847.13
317027 3915 08/09/2024 $4,254.79
317028 2102 08/09/2024 $3,421.07
317029 2233 08/09/2024 $3,105.24
317030 3744 08/09/2024 $2,640.81
317031 2606 08/09/2024 $2,387.10
317032 3660 08/09/2024 $1,693.97
317033 3914 08/09/2024 $2,287.64
317034 1635 08/09/2024 $4,210.14
317035 3653 08/09/2024 $2,823.49
317036 3327 08/09/2024 $2,393.87
317037 3847 08/09/2024 $1,990.22
317038 3752 08/09/2024 $2,077.95
317039 3819 08/09/2024 $2,979.89
317040 3912 08/09/2024 $1,680.67
317041 3911 08/09/2024 $1,958.36
317042 2618 08/09/2024 $2,204.24
317043 3845 08/09/2024 $3,416.29
317044 2619 08/09/2024 $2,440.84
317045 2603 08/09/2024 $1,876.38
317046 2491 08/09/2024 $2,379.91
317047 2235 08/09/2024 $547.42
317048 3754 08/09/2024 $2,492.94
317049 2032 08/09/2024 $3,671.35
317050 3869 08/09/2024 $2,022.91
317051 3889 08/09/2024 $1,758.89
317052 3045 08/09/2024 $3,128.13
317053 3499 08/09/2024 $3,300.55
317054 3755 08/09/2024 $2,055.10
317055 3875 08/09/2024 $2,609.19
317056 3608 08/09/2024 $4,110.13
317057 3817 08/09/2024 $2,034.63
317058 3362 08/09/2024 $2,230.41
317059 2297 08/09/2024 $2,202.16
317060 2232 08/09/2024 $2,806.60
317061 1957 08/09/2024 $2,946.25
317062 3246 08/09/2024 $3,609.17
317063 2042 08/09/2024 $5,405.35
317064 3714 08/09/2024 $2,167.01
317065 3742 08/09/2024 $2,047.99
317066 3863 08/09/2024 $2,061.37
317067 3879 08/09/2024 $2,082.63
City of Victorville Council Payroll Report Page 4 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317068 3727 08/09/2024 $2,216.47
317069 3865 08/09/2024 $1,916.83
317070 3867 08/09/2024 $2,272.61
317071 2323 08/09/2024 $3,626.90
317072 1767 08/09/2024 $2,892.39
317073 3508 08/09/2024 $2,412.67
317074 3740 08/09/2024 $1,753.59
317075 2225 08/09/2024 $4,402.32
317076 3544 08/09/2024 $2,187.82
317077 3221 08/09/2024 $2,538.28
317078 3627 08/09/2024 $3,197.28
317079 3757 08/09/2024 $3,657.95
317080 1533 08/09/2024 $2,353.35
317081 2833 08/09/2024 $2,400.71
317082 3700 08/09/2024 $2,187.74
317083 3652 08/09/2024 $2,503.82
317084 1426 08/09/2024 $1,146.87
317085 3703 08/09/2024 $2,200.64
317086 2254 08/09/2024 $3,215.30
317087 3618 08/09/2024 $2,261.46
317088 3354 08/09/2024 $3,905.86
317089 3623 08/09/2024 $1,201.47
317090 3400 08/09/2024 $2,548.37
317091 3547 08/09/2024 $1,201.47
317092 3673 08/09/2024 $1,307.05
317093 3702 08/09/2024 $2,149.28
317094 2742 08/09/2024 $2,926.16
317095 3746 08/09/2024 $2,142.03
317096 3089 08/09/2024 $3,285.52
317097 3641 08/09/2024 $2,071.56
317098 3672 08/09/2024 $1,228.73
317099 3854 08/09/2024 $2,473.75
317100 3634 08/09/2024 $2,945.51
317101 3805 08/09/2024 $2,228.63
317102 2249 08/09/2024 $5,123.81
317103 3650 08/09/2024 $1,737.16
317104 3393 08/09/2024 $1,967.50
317105 3876 08/09/2024 $2,508.51
317106 3396 08/09/2024 $2,155.97
317107 3663 08/09/2024 $1,993.66
317108 3541 08/09/2024 $3,309.72
317109 2499 08/09/2024 $3,597.78
317110 3379 08/09/2024 $2,442.83
317111 3694 08/09/2024 $2,646.36
317112 3737 08/09/2024 $2,576.23
317113 2105 08/09/2024 $4,858.80
City of Victorville Council Payroll Report Page 5 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317114 3474 08/09/2024 $3,384.91
317115 2515 08/09/2024 $3,476.31
317116 3636 08/09/2024 $2,560.80
317117 2679 08/09/2024 $2,506.60
317118 3490 08/09/2024 $3,025.88
317119 3475 08/09/2024 $2,193.90
317120 2181 08/09/2024 $4,223.69
317121 3353 08/09/2024 $2,774.79
317122 3735 08/09/2024 $4,109.89
317123 3880 08/09/2024 $1,258.56
317124 3542 08/09/2024 $2,962.57
317125 3731 08/09/2024 $2,728.05
317126 1955 08/09/2024 $3,021.13
317127 1632 08/09/2024 $2,582.53
317128 3692 08/09/2024 $2,734.01
317129 3147 08/09/2024 $2,855.93
317130 3881 08/09/2024 $1,215.11
317131 3732 08/09/2024 $2,696.46
317132 3148 08/09/2024 $2,805.88
317133 3808 08/09/2024 $3,385.20
317134 3195 08/09/2024 $2,585.03
317135 3884 08/09/2024 $1,215.10
317136 3626 08/09/2024 $2,448.13
317137 3602 08/09/2024 $3,040.53
317138 3112 08/09/2024 $2,299.00
317139 1970 08/09/2024 $2,389.30
317140 3185 08/09/2024 $2,537.21
317141 1520 08/09/2024 $2,274.54
317142 2605 08/09/2024 $2,347.93
317143 3505 08/09/2024 $5,602.92
317144 2540 08/09/2024 $4,027.04
317145 2377 08/09/2024 $3,528.17
317146 1079 08/09/2024 $2,695.56
317147 2259 08/09/2024 $3,930.79
317148 2312 08/09/2024 $2,638.21
317149 3510 08/09/2024 $3,683.16
317150 3637 08/09/2024 $2,709.50
317151 3628 08/09/2024 $2,464.26
317152 3068 08/09/2024 $2,140.89
317153 3633 08/09/2024 $2,936.73
317154 3129 08/09/2024 $3,810.81
317155 3816 08/09/2024 $2,596.26
317156 1998 08/09/2024 $2,966.48
317157 2111 08/09/2024 $2,438.11
317158 3543 08/09/2024 $2,093.96
317159 3303 08/09/2024 $4,056.48
City of Victorville Council Payroll Report Page 6 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317160 3802 08/09/2024 $2,702.22
317161 3558 08/09/2024 $2,896.86
317162 1655 08/09/2024 $3,110.77
317163 3285 08/09/2024 $3,223.38
317164 1529 08/09/2024 $1,996.06
317165 3346 08/09/2024 $2,197.49
317166 1776 08/09/2024 $3,260.73
317167 3192 08/09/2024 $2,156.22
317168 2655 08/09/2024 $1,886.75
317169 3749 08/09/2024 $1,948.24
317170 2798 08/09/2024 $2,544.04
317171 2522 08/09/2024 $2,782.31
317172 3265 08/09/2024 $2,143.03
317173 2339 08/09/2024 $2,354.99
317174 3878 08/09/2024 $3,410.81
317175 1503 08/09/2024 $3,192.28
317176 2505 08/09/2024 $3,476.15
317177 3113 08/09/2024 $2,345.90
317178 1007 08/09/2024 $3,430.55
317179 3273 08/09/2024 $3,094.19
317180 1497 08/09/2024 $3,285.75
317181 3537 08/09/2024 $3,634.07
317182 2192 08/09/2024 $1,885.23
317183 3513 08/09/2024 $2,305.96
317184 3685 08/09/2024 $2,609.06
317185 2034 08/09/2024 $2,942.38
317186 3380 08/09/2024 $2,467.72
317187 3871 08/09/2024 $2,381.08
317188 3852 08/09/2024 $1,498.64
317189 3051 08/09/2024 $2,235.97
317190 1750 08/09/2024 $2,399.31
317191 2770 08/09/2024 $1,963.08
317192 2228 08/09/2024 $2,965.65
317193 3827 08/09/2024 $3,102.17
317194 3726 08/09/2024 $2,228.94
317195 3748 08/09/2024 $2,222.24
317196 3101 08/09/2024 $2,708.38
317197 3335 08/09/2024 $2,390.96
317198 3284 08/09/2024 $2,661.94
317199 3840 08/09/2024 $2,592.33
317200 3621 08/09/2024 $1,884.70
317201 2248 08/09/2024 $2,038.86
317202 1588 08/09/2024 $2,236.08
317203 3788 08/09/2024 $1,677.84
317204 2189 08/09/2024 $2,633.41
317205 3560 08/09/2024 $1,887.95
City of Victorville Council Payroll Report Page 7 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317206 3509 08/09/2024 $2,147.65
317207 3226 08/09/2024 $2,298.18
317208 1121 08/09/2024 $2,580.25
317209 3149 08/09/2024 $2,760.81
317210 1865 08/09/2024 $2,623.58
317211 3479 08/09/2024 $1,796.44
317212 1723 08/09/2024 $1,934.45
317213 3296 08/09/2024 $2,452.26
317214 3707 08/09/2024 $1,981.96
317215 2531 08/09/2024 $3,546.94
317216 1513 08/09/2024 $1,837.13
317217 3283 08/09/2024 $3,318.25
317218 2118 08/09/2024 $1,258.35
317219 3387 08/09/2024 $2,028.66
317220 3330 08/09/2024 $2,224.28
317221 2681 08/09/2024 $3,960.11
317222 1612 08/09/2024 $1,789.43
317223 3610 08/09/2024 $2,037.22
317224 3277 08/09/2024 $2,000.44
317225 3287 08/09/2024 $2,102.46
317226 3037 08/09/2024 $2,478.32
317227 1449 08/09/2024 $3,228.39
317228 2677 08/09/2024 $5,606.88
317229 3688 08/09/2024 $1,720.01
317230 3341 08/09/2024 $2,467.08
317231 1137 08/09/2024 $1,914.36
317232 2383 08/09/2024 $2,024.73
317233 3130 08/09/2024 $1,895.48
317234 2489 08/09/2024 $1,969.35
317235 3361 08/09/2024 $2,532.99
317236 3624 08/09/2024 $2,356.43
317237 3139 08/09/2024 $1,714.66
317238 3099 08/09/2024 $2,614.96
317239 2696 08/09/2024 $1,780.28
317240 3536 08/09/2024 $3,074.14
317241 3722 08/09/2024 $1,987.16
317242 1254 08/09/2024 $2,086.63
317243 3187 08/09/2024 $2,208.86
317244 3804 08/09/2024 $2,559.90
317245 2368 08/09/2024 $2,212.25
317246 3100 08/09/2024 $3,164.02
317247 3796 08/09/2024 $1,632.28
317248 1338 08/09/2024 $4,017.44
317249 2229 08/09/2024 $1,878.82
317250 1049 08/09/2024 $2,397.43
317251 3586 08/09/2024 $2,148.70
City of Victorville Council Payroll Report Page 8 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317252 1506 08/09/2024 $2,007.11
317253 3004 08/09/2024 $2,184.13
317254 1581 08/09/2024 $2,640.48
317255 1932 08/09/2024 $1,883.57
317256 3279 08/09/2024 $2,000.50
317257 2460 08/09/2024 $2,303.55
317258 3874 08/09/2024 $1,893.44
317259 3671 08/09/2024 $2,121.68
317260 2732 08/09/2024 $1,920.20
317261 3338 08/09/2024 $1,690.74
317262 2552 08/09/2024 $2,196.93
317263 2476 08/09/2024 $4,006.41
317264 2279 08/09/2024 $2,544.90
317265 3515 08/09/2024 $5,492.70
317266 3092 08/09/2024 $2,666.61
317267 3836 08/09/2024 $1,323.36
317268 3138 08/09/2024 $3,103.37
317269 3146 08/09/2024 $3,028.20
317270 2590 08/09/2024 $2,436.85
317271 2748 08/09/2024 $2,112.24
317272 3709 08/09/2024 $2,837.97
317273 2669 08/09/2024 $3,426.80
317274 2623 08/09/2024 $2,073.15
317275 2637 08/09/2024 $2,474.40
317276 2638 08/09/2024 $2,884.36
317277 3803 08/09/2024 $2,103.01
317278 3109 08/09/2024 $2,868.61
317279 2671 08/09/2024 $3,783.71
317280 2593 08/09/2024 $2,773.58
317281 3328 08/09/2024 $2,499.18
317282 3461 08/09/2024 $2,025.90
317283 2626 08/09/2024 $1,807.43
317284 3038 08/09/2024 $2,931.02
317285 3052 08/09/2024 $1,996.15
317286 2290 08/09/2024 $2,054.38
317287 3716 08/09/2024 $2,096.80
317288 3110 08/09/2024 $4,267.07
317289 2641 08/09/2024 $2,017.47
317290 2612 08/09/2024 $2,981.30
317291 3698 08/09/2024 $1,536.86
317292 2642 08/09/2024 $2,223.99
317293 3705 08/09/2024 $2,194.18
317294 3331 08/09/2024 $1,550.89
317295 3908 08/09/2024 $4,333.64
317296 2674 08/09/2024 $2,400.16
317297 3231 08/09/2024 $2,514.72
City of Victorville Council Payroll Report Page 9 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317298 3228 08/09/2024 $2,761.54
317299 2628 08/09/2024 $2,669.33
317300 3301 08/09/2024 $1,872.48
317301 2630 08/09/2024 $2,966.66
317302 3182 08/09/2024 $2,803.70
317303 2599 08/09/2024 $2,297.31
317304 2683 08/09/2024 $3,257.40
317305 2753 08/09/2024 $2,514.35
317306 2610 08/09/2024 $3,174.00
317307 3323 08/09/2024 $1,880.34
317308 1389 08/09/2024 $2,562.20
317309 2808 08/09/2024 $1,984.42
317310 2646 08/09/2024 $3,532.72
317311 3617 08/09/2024 $2,776.76
317312 2600 08/09/2024 $2,700.66
317313 2524 08/09/2024 $3,158.47
317314 2686 08/09/2024 $2,264.49
317315 2193 08/09/2024 $2,314.92
317316 3322 08/09/2024 $2,314.97
317317 3629 08/09/2024 $2,697.38
317318 3230 08/09/2024 $3,831.86
317319 1931 08/09/2024 $2,850.36
317320 2038 08/09/2024 $1,740.93
317321 2678 08/09/2024 $4,019.99
317322 3240 08/09/2024 $2,784.87
317323 3743 08/09/2024 $1,904.89
317324 3215 08/09/2024 $2,872.26
317325 3140 08/09/2024 $3,202.64
317326 3035 08/09/2024 $2,518.68
317327 3907 08/09/2024 $456.90
317328 3477 08/09/2024 $1,225.05
317329 3651 08/09/2024 $2,329.48
317330 3769 08/09/2024 $338.40
317331 3299 08/09/2024 $1,944.49
317332 3765 08/09/2024 $578.65
317333 1853 08/09/2024 $2,973.62
317334 3729 08/09/2024 $1,704.95
317335 2343 08/09/2024 $1,494.40
317336 3821 08/09/2024 $1,215.10
317337 3497 08/09/2024 $3,210.98
317338 3503 08/09/2024 $2,898.75
317339 3105 08/09/2024 $1,909.07
317340 3890 08/09/2024 $899.15
317341 3579 08/09/2024 $1,018.04
317342 3386 08/09/2024 $2,620.51
317343 3191 08/09/2024 $1,640.73
City of Victorville Council Payroll Report Page 10 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317344 3792 08/09/2024 $1,046.64
317345 2488 08/09/2024 $1,157.53
317346 3496 08/09/2024 $1,198.82
317347 3120 08/09/2024 $1,038.83
317348 3778 08/09/2024 $456.51
317349 3482 08/09/2024 $1,925.73
317350 3502 08/09/2024 $2,580.64
317351 3611 08/09/2024 $1,298.11
317352 3724 08/09/2024 $1,201.47
317353 3011 08/09/2024 $1,729.60
317354 3768 08/09/2024 $158.94
317355 3580 08/09/2024 $27.88
317356 3905 08/09/2024 $239.42
317357 3873 08/09/2024 $1,922.12
317358 3270 08/09/2024 $1,945.81
317359 3263 08/09/2024 $1,898.42
317360 3622 08/09/2024 $1,215.10
317361 3795 08/09/2024 $1,325.22
317362 3252 08/09/2024 $2,742.01
317363 3295 08/09/2024 $1,965.97
317364 3257 08/09/2024 $2,126.65
317365 3184 08/09/2024 $3,845.65
317366 3780 08/09/2024 $381.42
317367 3070 08/09/2024 $2,230.25
317368 3657 08/09/2024 $981.80
317369 3689 08/09/2024 $1,725.13
317370 3288 08/09/2024 $1,818.03
317371 3767 08/09/2024 $201.17
317372 1866 08/09/2024 $2,899.59
317373 3774 08/09/2024 $79.47
317374 3791 08/09/2024 $1,215.10
317375 3572 08/09/2024 $1,321.14
317376 3664 08/09/2024 $862.16
317377 3772 08/09/2024 $690.10
317378 3766 08/09/2024 $763.04
317379 3822 08/09/2024 $1,215.10
317380 1282 08/09/2024 $2,411.80
317381 3717 08/09/2024 $270.68
317382 3481 08/09/2024 $1,952.15
317383 2379 08/09/2024 $2,461.56
317384 3655 08/09/2024 $986.20
317385 3813 08/09/2024 $859.14
317386 3656 08/09/2024 $921.57
317387 3787 08/09/2024 $855.49
317388 3789 08/09/2024 $4,538.63
317389 3793 08/09/2024 $1,215.10
City of Victorville Council Payroll Report Page 11 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317390 3687 08/09/2024 $1,215.10
317391 3903 08/09/2024 $581.16
317392 3783 08/09/2024 $1,147.97
317393 3575 08/09/2024 $1,235.40
317394 3775 08/09/2024 $530.99
317395 2478 08/09/2024 $1,081.82
317396 3882 08/09/2024 $1,215.10
317397 1287 08/09/2024 $2,901.62
317398 3779 08/09/2024 $723.61
317399 3667 08/09/2024 $330.63
317400 2711 08/09/2024 $1,710.62
317401 3900 08/09/2024 $253.96
317402 3798 08/09/2024 $1,215.10
317403 3258 08/09/2024 $1,994.63
317404 3259 08/09/2024 $1,621.25
317405 3573 08/09/2024 $1,841.76
317406 3507 08/09/2024 $2,378.40
317407 3790 08/09/2024 $1,109.05
317408 3906 08/09/2024 $303.34
317409 3531 08/09/2024 $3,250.81
317410 3897 08/09/2024 $210.73
317411 3814 08/09/2024 $1,042.81
317412 3665 08/09/2024 $178.58
317413 3639 08/09/2024 $1,722.56
317414 3895 08/09/2024 $508.30
317415 3587 08/09/2024 $981.80
317416 3901 08/09/2024 $133.84
317417 3669 08/09/2024 $675.18
317418 3029 08/09/2024 $1,959.95
317419 3782 08/09/2024 $897.08
317420 3190 08/09/2024 $3,019.89
317421 1959 08/09/2024 $3,837.49
317422 3250 08/09/2024 $1,818.02
317423 3824 08/09/2024 $1,208.28
317424 3812 08/09/2024 $855.06
317425 3609 08/09/2024 $1,152.17
317426 3770 08/09/2024 $655.07
317427 3794 08/09/2024 $1,208.28
317428 3492 08/09/2024 $596.62
317429 3691 08/09/2024 $721.52
317430 3910 08/09/2024 $1,068.73
317431 3725 08/09/2024 $1,215.10
317432 3576 08/09/2024 $1,153.11
317433 3647 08/09/2024 $308.72
317434 3566 08/09/2024 $737.58
317435 3891 08/09/2024 $1,080.71
City of Victorville Council Payroll Report Page 12 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317436 3511 08/09/2024 $2,183.83
317437 3823 08/09/2024 $1,215.10
317438 3368 08/09/2024 $2,047.17
317439 2006 08/09/2024 $2,826.19
317440 3761 08/09/2024 $3,078.58
317441 2684 08/09/2024 $1,482.28
317442 3079 08/09/2024 $1,895.35
317443 1966 08/09/2024 $2,764.24
317444 3844 08/09/2024 $2,111.58
317445 3388 08/09/2024 $2,613.10
317446 2355 08/09/2024 $2,424.42
317447 3696 08/09/2024 $2,730.56
317448 3500 08/09/2024 $3,642.50
317449 3620 08/09/2024 $1,650.97
317450 3654 08/09/2024 $1,864.23
317451 2039 08/09/2024 $1,947.68
317452 3838 08/09/2024 $1,376.87
317453 3281 08/09/2024 $1,895.94
317454 3550 08/09/2024 $2,822.93
317455 3348 08/09/2024 $2,287.74
317456 3862 08/09/2024 $1,413.21
317457 3807 08/09/2024 $2,132.57
317458 3081 08/09/2024 $2,225.03
317459 3523 08/09/2024 $4,446.39
317460 3271 08/09/2024 $1,905.99
317461 3017 08/09/2024 $4,894.54
317462 3883 08/09/2024 $1,384.66
317463 3512 08/09/2024 $2,461.29
317464 2027 08/09/2024 $1,276.98
317465 2330 08/09/2024 $3,302.84
317466 2795 08/09/2024 $1,009.31
317467 3888 08/09/2024 $2,089.07
317468 3437 08/09/2024 $4,000.70
317469 3421 08/09/2024 $2,700.99
317470 3439 08/09/2024 $4,592.46
317471 3440 08/09/2024 $6,186.96
317472 3441 08/09/2024 $4,234.18
317473 3473 08/09/2024 $6,203.85
317474 3820 08/09/2024 $5,287.23
317475 3406 08/09/2024 $2,829.30
317476 3422 08/09/2024 $14,488.61
317477 3442 08/09/2024 $2,765.63
317478 3433 08/09/2024 $4,950.90
317479 3469 08/09/2024 $2,613.75
317480 3424 08/09/2024 $798.02
317481 3414 08/09/2024 $5,763.54
City of Victorville Council Payroll Report Page 13 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317482 3704 08/09/2024 $13,243.97
317483 3734 08/09/2024 $5,075.03
317484 3832 08/09/2024 $15,819.20
317485 3799 08/09/2024 $2,758.95
317486 3886 08/09/2024 $7,374.13
317487 3443 08/09/2024 $4,558.61
317488 3600 08/09/2024 $6,691.07
317489 3711 08/09/2024 $5,496.01
317490 3715 08/09/2024 $2,442.65
317491 3444 08/09/2024 $3,463.49
317492 3583 08/09/2024 $3,329.92
317493 3594 08/09/2024 $6,752.24
317494 3409 08/09/2024 $18,555.06
317495 3856 08/09/2024 $3,050.22
317496 3426 08/09/2024 $12,322.16
317497 3860 08/09/2024 $2,402.21
317498 3642 08/09/2024 $14,508.11
317499 3584 08/09/2024 $5,579.63
317500 3538 08/09/2024 $2,105.98
317501 3410 08/09/2024 $4,584.18
317502 3828 08/09/2024 $3,090.77
317503 3447 08/09/2024 $3,933.62
317504 3427 08/09/2024 $8,802.29
317505 3411 08/09/2024 $12,560.95
317506 3448 08/09/2024 $2,909.65
317507 3719 08/09/2024 $1,778.61
317508 3833 08/09/2024 $5,428.57
317509 3518 08/09/2024 $2,275.54
317510 3449 08/09/2024 $8,751.15
317511 3428 08/09/2024 $7,332.26
317512 3858 08/09/2024 $3,255.64
317513 3429 08/09/2024 $5,239.65
317514 3451 08/09/2024 $4,770.68
317515 3712 08/09/2024 $2,446.13
317516 3595 08/09/2024 $5,415.73
317517 3430 08/09/2024 $3,269.85
317518 3452 08/09/2024 $6,457.72
317519 3417 08/09/2024 $2,705.63
317520 3085 08/09/2024 $2,604.26
317521 3431 08/09/2024 $3,293.72
317522 3242 08/09/2024 $2,980.36
317523 3857 08/09/2024 $3,988.84
317524 3419 08/09/2024 $5,778.64
317525 3524 08/09/2024 $4,198.28
317526 3412 08/09/2024 $4,729.29
317527 3829 08/09/2024 $4,312.13
City of Victorville Council Payroll Report Page 14 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
Advices
317528 3420 08/09/2024 $8,578.53
317529 3435 08/09/2024 $3,920.94
317530 3800 08/09/2024 $5,928.64
317531 3432 08/09/2024 $2,879.34
317532 3408 08/09/2024 $3,467.33
317533 3456 08/09/2024 $3,684.99
317534 3859 08/09/2024 $1,699.95
317535 3763 08/09/2024 $3,490.69
317536 3591 08/09/2024 $6,232.65
317537 3392 08/09/2024 $10,001.70
317538 3855 08/09/2024 $7,158.81
317539 3831 08/09/2024 $1,956.61
317540 3434 08/09/2024 $5,543.48
317541 3836 08/09/2024 $950.28
317542 3838 08/09/2024 $950.52
Advices Total 1,548,297.86
City of Victorville Council Payroll Report Page 15 of 16 08/30/2024 Check Date Total Gross
IRS 07/26/24 $1,833.81
IRS 7/30/024 $94.38
IRS 08/01/24 $725.31
IRS 08/05/24 $211.14
IRS 08/09/24 $259,682.78
State Taxes 07/26/24 $486.07
State Taxes 07/30/24 $134.49
State Taxes 08/02/24 $39.20
State Taxes 08/06/24 $36.75
State Taxes 08/09/24 $76,451.09
CASDU 08/09/24 $3,882.63
Deferred Comp (457) 07/31/24 $44.36
Deferred Comp (457) 08/02/24 $150.15
Deferred Comp (457) 08/06/24 $234.33
Deferred Comp (457) 08/12/24 $105,318.73
Deferred Comp (401a) 08/12/24 $301.05
PERS 08/13/24 $365,169.98
Confidential Garnishment 08/08/24 $423.00
VV Firefighter's Union 08/08/24 $6,710.00
Electronic Vendor Payments Total 821,929.25
Electronic Vendor Payments
Vendor
City of Victorville Council Payroll Report Page 16 of 16 08/30/2024 Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 2B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 2B for Payroll Period August 2, 2024, through August 16, 2024, in the amount of $2,339,504.83 covering Check Nos. 34251 through 34280, including Vendor checks. Please note employee Check No. 34259 has a Live Check and an EFT. Also included are Advice Nos. 317543 through 318102, per adopted budget for Fiscal Year 2024-2025 (period covering July 1, 2024, through June 30, 2025).
Fiscal Impact:
A total fiscal impact of $2,339,504.83 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 081624
Attachment A
Payroll Report PPE 081624
City of Victorville Council Payroll Report Page 1 of 16 08/30/2024 Total Net
$6,089.91
$201.24
$2,210.22
$1,824.61
$364.20
$364.20
$364.20
$2,703.74
$5,452.92
$654.43
$155.36
$896.81
$254.63
$215.10
$75.69
$641.63
$474.03
$414.31
$679.98
$1,257.48
$847.19
$2,348.63
$5.00
$67.00
$50.00
$50.00
$169.81
$705.73
$422.31
$175.00
30,135.36
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: August 02, 2024 through August 16, 2024 34252 3466 08/23/2024
34253 3920 08/23/2024
Check Number Employee ID Check Date
34251 3754 08/15/2024
34256 3614 08/23/2024
34257 3556 08/23/2024
34254 3924 08/23/2024
34255 3310 08/23/2024
34260 3925 08/23/2024
34261 3773 08/23/2024
34258 3853 08/23/2024
34259 3505 08/23/2024
34264 3902 08/23/2024
34265 3898 08/23/2024
34262 3922 08/23/2024
34263 3894 08/23/2024
34268 3658 08/23/2024
34269 3678 08/23/2024
34266 3680 08/23/2024
34267 3904 08/23/2024
34272 3921 08/23/2024
34273 240 08/23/2024
34270 3866 08/23/2024
34271 3923 08/23/2024
34276 1182 08/23/2024
34277 1182 08/23/2024
34274 1182 08/23/2024
34275 1182 08/23/2024
34280 18154 08/23/2024
Checks Total
34278 1182 08/23/2024
34279 13491 08/23/2024
City of Victorville Council Payroll Report Page 2 of 16 08/30/2024 Check Number Employee ID Check Date Total Net
34259 3505 08/23/2024 $150.00
317543 1099 08/23/2024 $1,121.31
317544 3758 08/23/2024 $3,477.97
317545 3243 08/23/2024 $5,713.13
317546 2115 08/23/2024 $6,072.70
317547 3142 08/23/2024 $1,810.02
317548 3640 08/23/2024 $2,022.40
317549 3527 08/23/2024 $2,033.91
317550 3297 08/23/2024 $754.67
317551 3551 08/23/2024 $677.43
317552 3458 08/23/2024 $343.38
317553 3229 08/23/2024 $4,765.93
317554 3290 08/23/2024 $2,331.27
317555 1064 08/23/2024 $7,776.07
317556 3809 08/23/2024 $1,686.50
317557 3467 08/23/2024 $2,293.38
317558 3909 08/23/2024 $2,080.79
317559 1706 08/23/2024 $4,418.70
317560 2395 08/23/2024 $3,999.59
317561 3764 08/23/2024 $2,579.86
317562 2211 08/23/2024 $5,751.65
317563 3849 08/23/2024 $3,973.55
317564 3747 08/23/2024 $2,078.26
317565 3625 08/23/2024 $1,605.86
317566 2624 08/23/2024 $3,338.14
317567 3043 08/23/2024 $2,309.89
317568 3403 08/23/2024 $2,020.95
317569 1748 08/23/2024 $2,530.47
317570 3848 08/23/2024 $1,765.88
317571 3846 08/23/2024 $3,925.99
317572 3913 08/23/2024 $1,941.06
317573 3019 08/23/2024 $5,116.27
317574 3638 08/23/2024 $4,327.33
317575 3561 08/23/2024 $2,683.61
317576 3630 08/23/2024 $2,002.81
317577 2366 08/23/2024 $1,954.46
317578 3750 08/23/2024 $2,197.63
317579 3835 08/23/2024 $2,263.35
317580 3521 08/23/2024 $2,674.83
317581 2093 08/23/2024 $1,649.00
317582 3697 08/23/2024 $3,566.01
317583 2019 08/23/2024 $2,582.45
317584 3753 08/23/2024 $2,621.32
317585 3868 08/23/2024 $2,753.17
Advices
City of Victorville Council Payroll Report Page 3 of 16 08/30/2024 317586 3915 08/23/2024 $4,254.79
317587 3917 08/23/2024 $2,014.69
317588 2102 08/23/2024 $3,266.10
317589 2233 08/23/2024 $4,755.07
317590 3744 08/23/2024 $2,309.31
317591 2606 08/23/2024 $2,387.10
317592 3660 08/23/2024 $1,693.97
317593 3914 08/23/2024 $2,287.64
317594 1635 08/23/2024 $4,210.14
317595 3653 08/23/2024 $2,524.71
317596 3327 08/23/2024 $2,393.87
317597 3847 08/23/2024 $1,990.23
317598 3752 08/23/2024 $2,077.95
317599 3819 08/23/2024 $2,979.89
317600 3912 08/23/2024 $1,631.00
317601 3911 08/23/2024 $1,995.33
317602 2618 08/23/2024 $2,204.24
317603 3845 08/23/2024 $3,416.29
317604 2619 08/23/2024 $2,440.85
317605 2603 08/23/2024 $1,876.39
317606 2491 08/23/2024 $2,379.91
317607 2235 08/23/2024 $547.42
317608 2032 08/23/2024 $3,671.35
317609 3869 08/23/2024 $2,022.91
317610 3916 08/23/2024 $3,281.22
317611 3889 08/23/2024 $1,758.90
317612 3045 08/23/2024 $2,403.53
317613 3499 08/23/2024 $2,772.38
317614 3755 08/23/2024 $2,133.64
317615 3875 08/23/2024 $2,609.19
317616 3608 08/23/2024 $4,110.13
317617 3817 08/23/2024 $1,924.27
317618 3362 08/23/2024 $2,446.66
317619 2297 08/23/2024 $2,327.97
317620 2232 08/23/2024 $2,806.61
317621 1957 08/23/2024 $2,946.26
317622 3246 08/23/2024 $3,609.17
317623 2042 08/23/2024 $5,405.35
317624 3714 08/23/2024 $2,002.71
317625 3742 08/23/2024 $2,110.17
317626 3863 08/23/2024 $2,061.37
317627 3879 08/23/2024 $2,082.63
317628 3727 08/23/2024 $2,216.47
317629 3865 08/23/2024 $1,916.83
317630 3867 08/23/2024 $2,272.60
317631 2323 08/23/2024 $3,626.89
317632 1767 08/23/2024 $2,892.39
City of Victorville Council Payroll Report Page 4 of 16 08/30/2024 317633 3508 08/23/2024 $2,412.67
317634 3740 08/23/2024 $1,753.60
317635 2225 08/23/2024 $4,402.32
317636 3544 08/23/2024 $2,187.82
317637 3221 08/23/2024 $2,538.28
317638 1855 08/23/2024 $364.20
317639 3627 08/23/2024 $3,236.22
317640 3757 08/23/2024 $3,657.96
317641 1533 08/23/2024 $2,353.35
317642 2833 08/23/2024 $2,400.71
317643 3700 08/23/2024 $2,243.08
317644 3652 08/23/2024 $2,387.81
317645 1426 08/23/2024 $1,146.87
317646 3703 08/23/2024 $2,344.51
317647 2254 08/23/2024 $3,186.88
317648 3618 08/23/2024 $2,242.38
317649 3354 08/23/2024 $4,071.44
317650 3623 08/23/2024 $1,201.47
317651 3400 08/23/2024 $2,949.25
317652 3547 08/23/2024 $1,201.47
317653 3673 08/23/2024 $1,307.05
317654 3702 08/23/2024 $2,149.28
317655 2742 08/23/2024 $2,926.16
317656 3746 08/23/2024 $2,229.72
317657 3089 08/23/2024 $3,285.53
317658 3641 08/23/2024 $1,310.91
317659 3672 08/23/2024 $1,228.73
317660 3854 08/23/2024 $2,473.75
317661 3634 08/23/2024 $2,630.95
317662 3805 08/23/2024 $2,192.88
317663 2249 08/23/2024 $5,123.81
317664 3650 08/23/2024 $1,737.16
317665 3876 08/23/2024 $2,508.51
317666 3396 08/23/2024 $2,155.97
317667 3663 08/23/2024 $1,801.70
317668 3541 08/23/2024 $2,955.22
317669 2499 08/23/2024 $3,701.25
317670 3379 08/23/2024 $2,442.82
317671 3694 08/23/2024 $2,294.60
317672 3737 08/23/2024 $2,576.23
317673 2105 08/23/2024 $4,858.80
317674 3474 08/23/2024 $3,236.95
317675 2515 08/23/2024 $3,090.62
317676 3636 08/23/2024 $2,560.80
317677 2679 08/23/2024 $2,618.22
317678 3490 08/23/2024 $10,620.82
317679 3475 08/23/2024 $2,272.60
City of Victorville Council Payroll Report Page 5 of 16 08/30/2024 317680 2181 08/23/2024 $4,002.46
317681 3353 08/23/2024 $2,774.79
317682 3735 08/23/2024 $4,109.89
317683 3880 08/23/2024 $1,251.39
317684 3542 08/23/2024 $2,741.13
317685 3731 08/23/2024 $2,676.96
317686 1955 08/23/2024 $2,405.12
317687 1632 08/23/2024 $2,304.85
317688 3736 08/23/2024 $2,642.81
317689 3692 08/23/2024 $2,541.42
317690 3147 08/23/2024 $2,855.93
317691 3881 08/23/2024 $1,228.73
317692 3732 08/23/2024 $2,685.87
317693 3148 08/23/2024 $2,805.88
317694 3808 08/23/2024 $3,661.21
317695 3195 08/23/2024 $2,737.46
317696 3884 08/23/2024 $1,085.57
317697 3626 08/23/2024 $2,610.15
317698 3602 08/23/2024 $2,748.21
317699 3112 08/23/2024 $2,554.04
317700 1970 08/23/2024 $2,389.30
317701 3185 08/23/2024 $2,679.65
317702 1520 08/23/2024 $2,450.15
317703 2605 08/23/2024 $2,347.93
317704 2540 08/23/2024 $5,267.98
317705 2377 08/23/2024 $2,806.55
317706 1079 08/23/2024 $2,695.56
317707 2259 08/23/2024 $3,930.79
317708 2312 08/23/2024 $2,638.21
317709 3510 08/23/2024 $2,846.64
317710 3637 08/23/2024 $2,709.50
317711 3628 08/23/2024 $2,464.26
317712 3068 08/23/2024 $2,140.89
317713 3633 08/23/2024 $2,894.49
317714 3129 08/23/2024 $3,753.09
317715 3816 08/23/2024 $2,730.97
317716 1998 08/23/2024 $2,966.48
317717 2111 08/23/2024 $2,438.11
317718 3543 08/23/2024 $2,093.96
317719 3303 08/23/2024 $4,056.48
317720 3802 08/23/2024 $2,702.22
317721 3558 08/23/2024 $2,896.86
317722 1655 08/23/2024 $3,499.44
317723 3285 08/23/2024 $2,602.86
317724 1529 08/23/2024 $1,996.05
317725 3346 08/23/2024 $2,197.49
317726 1776 08/23/2024 $3,260.74
City of Victorville Council Payroll Report Page 6 of 16 08/30/2024 317727 3192 08/23/2024 $2,156.22
317728 2655 08/23/2024 $1,720.49
317729 3393 08/23/2024 $2,094.08
317730 3749 08/23/2024 $1,948.23
317731 2798 08/23/2024 $2,388.24
317732 2522 08/23/2024 $1,478.48
317733 3265 08/23/2024 $2,143.03
317734 2339 08/23/2024 $2,354.99
317735 3878 08/23/2024 $3,410.80
317736 1503 08/23/2024 $3,192.29
317737 2505 08/23/2024 $3,323.61
317738 3113 08/23/2024 $2,345.90
317739 1007 08/23/2024 $3,430.55
317740 3273 08/23/2024 $2,572.18
317741 1497 08/23/2024 $3,285.75
317742 3537 08/23/2024 $2,711.76
317743 2192 08/23/2024 $1,885.23
317744 3513 08/23/2024 $2,305.96
317745 3685 08/23/2024 $2,032.79
317746 2034 08/23/2024 $2,698.78
317747 3380 08/23/2024 $2,467.72
317748 3871 08/23/2024 $1,845.93
317749 3852 08/23/2024 $1,445.31
317750 3051 08/23/2024 $2,483.27
317751 1750 08/23/2024 $2,399.31
317752 2770 08/23/2024 $1,963.08
317753 2228 08/23/2024 $2,965.65
317754 3827 08/23/2024 $3,102.17
317755 3726 08/23/2024 $2,124.23
317756 3748 08/23/2024 $2,222.24
317757 3101 08/23/2024 $2,708.38
317758 3335 08/23/2024 $2,390.95
317759 3284 08/23/2024 $2,297.00
317760 3840 08/23/2024 $2,205.92
317761 3621 08/23/2024 $2,142.40
317762 2248 08/23/2024 $2,038.86
317763 1588 08/23/2024 $2,236.08
317764 3788 08/23/2024 $1,677.84
317765 2189 08/23/2024 $2,633.41
317766 3560 08/23/2024 $1,887.95
317767 3509 08/23/2024 $2,530.11
317768 3226 08/23/2024 $2,205.54
317769 1121 08/23/2024 $2,580.25
317770 3149 08/23/2024 $2,437.09
317771 1865 08/23/2024 $2,290.48
317772 3479 08/23/2024 $1,796.44
317773 1723 08/23/2024 $2,060.87
City of Victorville Council Payroll Report Page 7 of 16 08/30/2024 317774 3296 08/23/2024 $2,452.26
317775 3707 08/23/2024 $1,981.96
317776 2531 08/23/2024 $6,100.37
317777 1513 08/23/2024 $2,501.30
317778 3283 08/23/2024 $3,318.25
317779 2118 08/23/2024 $1,481.65
317780 3387 08/23/2024 $1,995.22
317781 3330 08/23/2024 $2,224.29
317782 2681 08/23/2024 $3,960.10
317783 1612 08/23/2024 $1,789.43
317784 3610 08/23/2024 $1,957.91
317785 3277 08/23/2024 $2,000.44
317786 3287 08/23/2024 $2,102.45
317787 3037 08/23/2024 $2,406.52
317788 1449 08/23/2024 $3,228.39
317789 2677 08/23/2024 $5,606.88
317790 3688 08/23/2024 $1,754.29
317791 3341 08/23/2024 $1,991.52
317792 1137 08/23/2024 $1,914.36
317793 2383 08/23/2024 $2,024.73
317794 3130 08/23/2024 $1,895.48
317795 2489 08/23/2024 $1,808.32
317796 3361 08/23/2024 $2,358.70
317797 3624 08/23/2024 $2,327.52
317798 3139 08/23/2024 $1,714.66
317799 3099 08/23/2024 $2,614.96
317800 2696 08/23/2024 $1,780.28
317801 3536 08/23/2024 $3,074.14
317802 3722 08/23/2024 $1,987.15
317803 1254 08/23/2024 $2,086.63
317804 3187 08/23/2024 $2,239.49
317805 3804 08/23/2024 $2,945.42
317806 2368 08/23/2024 $2,212.26
317807 3100 08/23/2024 $3,076.18
317808 3796 08/23/2024 $1,632.28
317809 1338 08/23/2024 $4,017.44
317810 2229 08/23/2024 $1,878.82
317811 1049 08/23/2024 $2,397.43
317812 3586 08/23/2024 $2,148.70
317813 1506 08/23/2024 $2,647.35
317814 3004 08/23/2024 $2,695.00
317815 1581 08/23/2024 $2,640.49
317816 1932 08/23/2024 $1,883.57
317817 3279 08/23/2024 $2,000.50
317818 2460 08/23/2024 $2,187.55
317819 3874 08/23/2024 $1,893.44
317820 3671 08/23/2024 $2,053.88
City of Victorville Council Payroll Report Page 8 of 16 08/30/2024 317821 2732 08/23/2024 $1,920.20
317822 3338 08/23/2024 $1,690.74
317823 2552 08/23/2024 $2,196.93
317824 2476 08/23/2024 $3,711.87
317825 2279 08/23/2024 $2,488.05
317826 3515 08/23/2024 $5,492.70
317827 3092 08/23/2024 $3,071.14
317828 3836 08/23/2024 $2,123.81
317829 3138 08/23/2024 $3,103.37
317830 3146 08/23/2024 $3,088.16
317831 2590 08/23/2024 $2,398.69
317832 2748 08/23/2024 $2,112.24
317833 3709 08/23/2024 $2,837.97
317834 2669 08/23/2024 $3,426.80
317835 2623 08/23/2024 $2,073.15
317836 2637 08/23/2024 $2,474.40
317837 2638 08/23/2024 $4,054.05
317838 3803 08/23/2024 $2,103.01
317839 3109 08/23/2024 $2,868.61
317840 2671 08/23/2024 $3,783.71
317841 2593 08/23/2024 $2,773.57
317842 3328 08/23/2024 $2,499.18
317843 3461 08/23/2024 $2,025.89
317844 2626 08/23/2024 $1,807.43
317845 3038 08/23/2024 $2,931.02
317846 3052 08/23/2024 $2,217.13
317847 2290 08/23/2024 $2,054.38
317848 3716 08/23/2024 $1,946.80
317849 3110 08/23/2024 $3,087.14
317850 2641 08/23/2024 $2,017.47
317851 2612 08/23/2024 $2,939.19
317852 3698 08/23/2024 $1,536.86
317853 2642 08/23/2024 $2,803.60
317854 3705 08/23/2024 $2,146.03
317855 3331 08/23/2024 $1,550.89
317856 3908 08/23/2024 $4,333.64
317857 2674 08/23/2024 $2,400.16
317858 3231 08/23/2024 $2,514.72
317859 3228 08/23/2024 $2,761.53
317860 2628 08/23/2024 $2,669.33
317861 3301 08/23/2024 $1,792.66
317862 2630 08/23/2024 $2,870.52
317863 3182 08/23/2024 $2,803.70
317864 2599 08/23/2024 $2,297.31
317865 2683 08/23/2024 $3,072.57
317866 2753 08/23/2024 $2,479.15
317867 2610 08/23/2024 $3,601.24
City of Victorville Council Payroll Report Page 9 of 16 08/30/2024 317868 3323 08/23/2024 $3,599.53
317869 1389 08/23/2024 $3,472.33
317870 2808 08/23/2024 $3,271.95
317871 2646 08/23/2024 $3,260.03
317872 3617 08/23/2024 $1,944.10
317873 2600 08/23/2024 $2,700.66
317874 2524 08/23/2024 $2,890.43
317875 2686 08/23/2024 $2,264.49
317876 2193 08/23/2024 $2,564.78
317877 3322 08/23/2024 $2,329.14
317878 3629 08/23/2024 $2,697.38
317879 3230 08/23/2024 $4,263.13
317880 1931 08/23/2024 $2,255.27
317881 2038 08/23/2024 $1,740.94
317882 2678 08/23/2024 $4,019.99
317883 3240 08/23/2024 $2,909.61
317884 3743 08/23/2024 $2,043.24
317885 3215 08/23/2024 $2,872.26
317886 3140 08/23/2024 $2,170.36
317887 3035 08/23/2024 $2,724.45
317888 3907 08/23/2024 $143.41
317889 3477 08/23/2024 $1,027.44
317890 3651 08/23/2024 $2,329.48
317891 3769 08/23/2024 $402.33
317892 3299 08/23/2024 $1,944.49
317893 3765 08/23/2024 $318.67
317894 1853 08/23/2024 $2,973.62
317895 3729 08/23/2024 $1,704.95
317896 2343 08/23/2024 $1,494.41
317897 3821 08/23/2024 $1,215.10
317898 3497 08/23/2024 $1,804.83
317899 3503 08/23/2024 $2,898.75
317900 3105 08/23/2024 $1,909.07
317901 3890 08/23/2024 $618.36
317902 3579 08/23/2024 $1,052.59
317903 3386 08/23/2024 $2,606.76
317904 3191 08/23/2024 $2,260.49
317905 3792 08/23/2024 $882.81
317906 2488 08/23/2024 $1,158.45
317907 3496 08/23/2024 $1,205.89
317908 3120 08/23/2024 $1,038.83
317909 3778 08/23/2024 $67.72
317910 3482 08/23/2024 $1,925.73
317911 3502 08/23/2024 $2,447.40
317912 3611 08/23/2024 $1,298.11
317913 3724 08/23/2024 $1,065.11
317914 3011 08/23/2024 $1,763.86
City of Victorville Council Payroll Report Page 10 of 16 08/30/2024 317915 3580 08/23/2024 $460.22
317916 3905 08/23/2024 $446.14
317917 3873 08/23/2024 $1,922.11
317918 3270 08/23/2024 $1,955.27
317919 3263 08/23/2024 $1,897.47
317920 3622 08/23/2024 $1,215.10
317921 3795 08/23/2024 $1,325.22
317922 3252 08/23/2024 $2,742.01
317923 3295 08/23/2024 $1,965.97
317924 3257 08/23/2024 $2,126.65
317925 3184 08/23/2024 $3,845.65
317926 3780 08/23/2024 $278.84
317927 3070 08/23/2024 $2,243.46
317928 3657 08/23/2024 $868.92
317929 3689 08/23/2024 $1,732.84
317930 3288 08/23/2024 $1,818.03
317931 3767 08/23/2024 $79.67
317932 1866 08/23/2024 $2,899.59
317933 3791 08/23/2024 $1,071.93
317934 3572 08/23/2024 $1,313.14
317935 3664 08/23/2024 $127.47
317936 3772 08/23/2024 $735.12
317937 3766 08/23/2024 $191.20
317938 3918 08/23/2024 $850.23
317939 3822 08/23/2024 $1,215.10
317940 1282 08/23/2024 $2,409.32
317941 3717 08/23/2024 $430.21
317942 3481 08/23/2024 $1,952.15
317943 2379 08/23/2024 $3,112.59
317944 3655 08/23/2024 $986.20
317945 3813 08/23/2024 $723.13
317946 3656 08/23/2024 $1,352.65
317947 3787 08/23/2024 $392.74
317948 3789 08/23/2024 $4,538.63
317949 3793 08/23/2024 $1,215.10
317950 3687 08/23/2024 $1,215.10
317951 3903 08/23/2024 $585.81
317952 3783 08/23/2024 $598.98
317953 3575 08/23/2024 $582.31
317954 3775 08/23/2024 $474.03
317955 2478 08/23/2024 $1,138.22
317956 3919 08/23/2024 $895.78
317957 3882 08/23/2024 $1,176.14
317958 1287 08/23/2024 $3,264.78
317959 3779 08/23/2024 $582.23
317960 3667 08/23/2024 $67.72
317961 2711 08/23/2024 $1,914.00
City of Victorville Council Payroll Report Page 11 of 16 08/30/2024 317962 3900 08/23/2024 $374.46
317963 3798 08/23/2024 $1,215.10
317964 3258 08/23/2024 $1,994.63
317965 3259 08/23/2024 $1,621.25
317966 3573 08/23/2024 $1,841.76
317967 3507 08/23/2024 $2,391.55
317968 3790 08/23/2024 $1,109.05
317969 3906 08/23/2024 $278.84
317970 3531 08/23/2024 $3,195.32
317971 3897 08/23/2024 $75.69
317972 3814 08/23/2024 $915.65
317973 3665 08/23/2024 $115.43
317974 3639 08/23/2024 $1,722.57
317975 3895 08/23/2024 $215.10
317976 3587 08/23/2024 $976.23
317977 3901 08/23/2024 $127.47
317978 3669 08/23/2024 $395.20
317979 3029 08/23/2024 $1,959.95
317980 3782 08/23/2024 $155.37
317981 3190 08/23/2024 $3,019.89
317982 1959 08/23/2024 $3,329.21
317983 3250 08/23/2024 $1,818.02
317984 3824 08/23/2024 $1,215.10
317985 3812 08/23/2024 $787.47
317986 3609 08/23/2024 $1,158.68
317987 3770 08/23/2024 $454.11
317988 3794 08/23/2024 $1,215.10
317989 3492 08/23/2024 $315.52
317990 3691 08/23/2024 $1,237.14
317991 3910 08/23/2024 $1,052.59
317992 3725 08/23/2024 $796.07
317993 3576 08/23/2024 $1,152.17
317994 3647 08/23/2024 $362.50
317995 3566 08/23/2024 $665.33
317996 3891 08/23/2024 $315.05
317997 3777 08/23/2024 $266.90
317998 3511 08/23/2024 $2,183.83
317999 3823 08/23/2024 $1,208.28
318000 3368 08/23/2024 $2,047.17
318001 2006 08/23/2024 $2,826.19
318002 3761 08/23/2024 $3,078.58
318003 2684 08/23/2024 $1,482.28
318004 3079 08/23/2024 $1,895.35
318005 1966 08/23/2024 $2,344.03
318006 3844 08/23/2024 $2,094.96
318007 3388 08/23/2024 $2,613.10
318008 2355 08/23/2024 $2,516.74
City of Victorville Council Payroll Report Page 12 of 16 08/30/2024 318009 3696 08/23/2024 $2,730.56
318010 3500 08/23/2024 $3,642.50
318011 3620 08/23/2024 $1,650.97
318012 3654 08/23/2024 $1,864.23
318013 2039 08/23/2024 $1,947.68
318014 3838 08/23/2024 $2,135.02
318015 3281 08/23/2024 $1,895.94
318016 3550 08/23/2024 $2,822.93
318017 3348 08/23/2024 $1,970.29
318018 3862 08/23/2024 $1,413.21
318019 3807 08/23/2024 $2,103.53
318020 3081 08/23/2024 $2,225.03
318021 3523 08/23/2024 $4,446.40
318022 3271 08/23/2024 $1,887.55
318023 3017 08/23/2024 $5,037.88
318024 3883 08/23/2024 $1,457.27
318025 3512 08/23/2024 $2,800.81
318026 2027 08/23/2024 $1,276.98
318027 2330 08/23/2024 $3,302.84
318028 2795 08/23/2024 $1,005.32
318029 3888 08/23/2024 $2,051.26
318030 3437 08/23/2024 $7,752.16
318031 3421 08/23/2024 $7,208.95
318032 3439 08/23/2024 $2,662.85
318033 3440 08/23/2024 $3,809.29
318034 3441 08/23/2024 $5,487.50
318035 3473 08/23/2024 $13,933.17
318036 3820 08/23/2024 $3,942.48
318037 3406 08/23/2024 $4,051.19
318038 3422 08/23/2024 $5,616.96
318039 3442 08/23/2024 $4,367.05
318040 3433 08/23/2024 $5,740.14
318041 3469 08/23/2024 $3,214.27
318042 3424 08/23/2024 $3,037.69
318043 3414 08/23/2024 $3,559.34
318044 3704 08/23/2024 $10,021.17
318045 3734 08/23/2024 $5,075.03
318046 3832 08/23/2024 $5,314.71
318047 3799 08/23/2024 $4,577.07
318048 3886 08/23/2024 $5,134.63
318049 3443 08/23/2024 $3,624.12
318050 3600 08/23/2024 $2,390.40
318051 3711 08/23/2024 $4,936.22
318052 3715 08/23/2024 $1,466.49
318053 3444 08/23/2024 $3,451.55
318054 3583 08/23/2024 $2,548.72
318055 3594 08/23/2024 $11,744.21
City of Victorville Council Payroll Report Page 13 of 16 08/30/2024 318056 3409 08/23/2024 $5,161.01
318057 3856 08/23/2024 $5,939.20
318058 3426 08/23/2024 $6,217.90
318059 3860 08/23/2024 $1,707.19
318060 3642 08/23/2024 $2,741.72
318061 3584 08/23/2024 $6,763.70
318062 3538 08/23/2024 $2,105.98
318063 3410 08/23/2024 $5,972.70
318064 3828 08/23/2024 $3,754.45
318065 3447 08/23/2024 $4,075.54
318066 3427 08/23/2024 $11,096.71
318067 3411 08/23/2024 $6,206.37
318068 3448 08/23/2024 $3,137.99
318069 3719 08/23/2024 $1,903.64
318070 3833 08/23/2024 $5,149.47
318071 3518 08/23/2024 $1,921.44
318072 3449 08/23/2024 $3,585.19
318073 3428 08/23/2024 $16,233.85
318074 3858 08/23/2024 $2,459.78
318075 3429 08/23/2024 $3,585.69
318076 3451 08/23/2024 $4,770.68
318077 3712 08/23/2024 $2,273.64
318078 3595 08/23/2024 $5,681.21
318079 3430 08/23/2024 $3,122.10
318080 3452 08/23/2024 $14,452.40
318081 3417 08/23/2024 $4,033.90
318082 3085 08/23/2024 $2,533.19
318083 3431 08/23/2024 $3,198.87
318084 3242 08/23/2024 $3,082.33
318085 3857 08/23/2024 $6,236.28
318086 3419 08/23/2024 $6,459.83
318087 3524 08/23/2024 $5,859.64
318088 3412 08/23/2024 $4,729.29
318089 3829 08/23/2024 $5,880.98
318090 3420 08/23/2024 $7,977.08
318091 3435 08/23/2024 $3,922.61
318092 3800 08/23/2024 $5,484.66
318093 3432 08/23/2024 $5,578.85
318094 3408 08/23/2024 $2,411.53
318095 3456 08/23/2024 $4,337.21
318096 3859 08/23/2024 $3,813.22
318097 3763 08/23/2024 $3,338.09
318098 3591 08/23/2024 $4,585.17
318099 3392 08/23/2024 $6,085.54
318100 3855 08/23/2024 $3,368.61
318101 3831 08/23/2024 $2,485.75
318102 3434 08/23/2024 $3,359.17
City of Victorville Council Payroll Report Page 14 of 16 08/30/2024 Advices Total 1,491,542.59
City of Victorville Council Payroll Report Page 15 of 16 08/30/2024 Check Date Total Gross
IRS 08/09/24 $158.48
IRS 08/16/24 $2,820.43
IRS 08/23/24 $261,487.75
State Taxes 08/09/24 $27.31
State Taxes 08/20/24 $625.72
State Taxes 08/23/24 $76,990.91
CASDU 08/23/24 $3,882.63
Deferred Comp (457) 08/20/24 $584.53
Deferred Comp (457) 08/26/24 $95,705.82
Deferred Comp (401a) 08/26/24 $301.05
PERS 08/28/24 $368,109.25
Confidential Garnishment 08/22/24 $423.00
VV Firefighter's Union 08/22/24 $6,710.00
Electronic Vendor Payments Total 817,826.88
Electronic Vendor Payments
Vendor
City of Victorville Council Payroll Report Page 16 of 16 08/30/2024 Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 7
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 7 in the amount of $3,803,759.03, covering Electronic Fund Transfers No. 341079 through 341323 and Warrant No. 796925 through 797107 for 09/19/2024 through 10/02/2024, per the adopted budget for Fiscal Year 2024-2025 for the period covering July 1, 2024 through June 30, 2025.
Fiscal Impact:
The total fiscal impact for FY24-25 in the amount of $3,803,759.03 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. A list of commercial warrants and wire transfers is now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 7 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 7 Check Register Summary
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
341079 09/25/2024 EFT 002201 AAAE 495.00
341080 09/25/2024 EFT 010537 ACCO ENGINEERED SYSTEMS, 32,414.38 341081 09/25/2024 EFT 017657 ALL PURPOSE DOCUMENT DEST 900.00 341082 09/25/2024 EFT 000144 AMERICAN GREEN DEVELOPERS 15,000.00 341083 09/25/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 102.00 341084 09/25/2024 EFT 018562 BEST POWER EQUIPMENT, LLC 907.30 341085 09/25/2024 EFT 022271 ASHTON, STEVE 950.00
341086 09/25/2024 EFT 014614 AUTOMATED GATE SERVICES, 1,223.00 341087 09/25/2024 EFT 007650 BAKER & TAYLOR, INC. 713.50 341088 09/25/2024 EFT 000297 BECK OIL, INC. 71,851.90
341089 09/25/2024 EFT 015877 BOOT BARN, INC. 675.00
341090 09/25/2024 EFT 010986 BRAUN BLAISING SMITH WYNN 10,235.69 341091 09/25/2024 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 2,215.60 341092 09/25/2024 EFT 021658 BUCHALTER, A PROFESSIONAL 14,419.50 341093 09/25/2024 EFT 014820 CAL-STATE AUTO PARTS 148.54 341094 09/25/2024 EFT 022571 GREGORY P. BURGARD 3,280.28 341095 09/25/2024 EFT 028287 CASTELLON, STEPHANIE 105.00 341096 09/25/2024 EFT 016335 CHARTER COMMUNICATION HOL 2,375.00 341097 09/25/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 336.62 341098 09/25/2024 EFT 022345 DIAMOND ENVIRONMENTAL SER 328.50 341099 09/25/2024 EFT 015760 FASTENAL COMPANY 82.14
341100 09/25/2024 EFT 017560 FERGUSON WATERWORKS 12,285.49 341101 09/25/2024 EFT 016134 FRONTIER COMMUNICATIONS C 172.07 341102 09/25/2024 EFT 001002 G & M AUTOMOTIVE & TOWING 95.00 341103 09/25/2024 EFT 001015 GALLS PARENT HOLDINGS, LL 129.47 341104 09/25/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 64.77 341105 09/25/2024 EFT 001076 GRAINGER 2,769.19
341106 09/25/2024 EFT 003047 GRAVES & KING LLP 14,081.52 341107 09/25/2024 EFT 016317 GREATER HOPE FOUNDATION F 75.00 341108 09/25/2024 EFT 007552 PELAYO, ANTHONY 620.00
341109 09/25/2024 EFT 001104 HAAKER EQUIPMENT CO. 1,454.93 341110 09/25/2024 EFT 001172 JORDAN, RICHARD 610.00
341111 09/25/2024 EFT 000278 HI DESERT ALARM 1,743.34
341112 09/25/2024 EFT 008848 HI DESERT FIRE PROTECTION 727.37 341113 09/25/2024 EFT 014733 INTEGRATED ENGINEERS AND 18,596.91 341114 09/25/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 1,095.36 341115 09/25/2024 EFT 024922 INFOSEND, INC 5,324.60
341117 09/25/2024 EFT 021689 THINKNETIC MEDICAL CORPOR 1,180.00 341118 09/25/2024 EFT 022244 LEXISNEXIS RISK SOLUTIONS 990.00 341119 09/25/2024 EFT 001548 MCMASTER-CARR SUPPLY CO. 597.66 341120 09/25/2024 EFT 019967 MOJAVE AUTO COLLISION 160.00 341121 09/25/2024 EFT 017743 PULICE, SAMUEL A. 301.98
341122 09/25/2024 EFT 001603 MOJAVE WATER AGENCY 58,140.00 341123 09/25/2024 EFT 025693 MONTANO, JESUS 402.50
341124 09/25/2024 EFT 016352 MONTGOMERY, ROGER 105.00
341125 09/25/2024 EFT 017470 MRC SMART TECHNOLOGY SOLU 5.07 341126 09/25/2024 EFT 018223 NEW RESOURCES GROUP, INC. 700.79 341127 09/25/2024 EFT 014835 OMNIS INCORPORATED 6,156.00 341128 09/25/2024 EFT 001789 PARKHOUSE TIRE, INC. 160.67 341129 09/25/2024 EFT 010094 POORE, CINDY 97.46
341130 09/25/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 920.62 341131 09/25/2024 EFT 021144 THE DRALA PROJECT, INC. 6,000.00
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
341132 09/25/2024 EFT 024930 REFRIGERATION SUPPLIES DI 303.13 341133 09/25/2024 EFT 001988 RSG, INC. 100.00
341134 09/25/2024 EFT 002017 SAFEWAY SIGN CO. 65.25
341135 09/25/2024 EFT 020842 ALL PURPOSE FIRE EXT. COR 144.06 341136 09/25/2024 EFT 002123 SHERWIN WILLIAMS COMPANY 183.55 341137 09/25/2024 EFT 017052 SUNRISE ENGINEERING, INC. 1,980.25 341138 09/25/2024 EFT 012798 PRO SALES GROUP 2,719.44
341139 09/25/2024 EFT 017269 TOWN & COUNTRY TIRE INC 1,532.89 341140 09/25/2024 EFT 005939 TOM MALLOY CORPORATION 4,716.49 341141 09/25/2024 EFT 027532 TRL SYSTEMS, INC. 2,638.69 341142 09/25/2024 EFT 003089 UNITED RENTALS, INC. 1,432.72 341143 09/25/2024 EFT 029118 UNITED ROTARY BRUSH CORPO 423.59 341144 09/25/2024 EFT 014536 UNITED SITE SERVICES OF C 715.08 341145 09/25/2024 EFT 015004 U.S. DEPARTMENT OF ENERGY 127.97 341146 09/25/2024 EFT 020762 OREMOR OF VICTORVILLE, LL 163.98 341147 09/25/2024 EFT 008430 CALMAT COMPANY 181.64
341148 09/25/2024 EFT 002862 V.V. TOW, INC. 85.00
341149 09/25/2024 EFT 002498 VICTOR VALLEY WASTEWATER 98,027.74 341150 09/25/2024 EFT 011361 WALTERS WHOLESALE ELECTRI 1,009.74 341151 09/25/2024 EFT 006861 WATER SYSTEMS CONSULTING, 12,620.00 341152 09/25/2024 EFT 002554 WAXIE SANITARY SUPPLY 2,140.07 341153 09/25/2024 EFT 018301 WESTERN WATER WORKS SUPPL 5,328.75 341154 09/25/2024 EFT 017122 ZAMORA, ZACHARY 107.00
341155 09/25/2024 EFT 018845 Z GLOBAL INC. 199,453.17
341156 09/25/2024 EFT 017537 ZOHO CORPORATION 3,345.00
341157 09/25/2024 EFT 005004 ABREGO, RODOLFO RUDY 146.98 341158 09/25/2024 EFT 014212 ALDERETE, EVONIA 385.35
341159 09/25/2024 EFT 011930 ANDERSON, PAMELA K 371.89
341160 09/25/2024 EFT 019717 ARROYO, JOANN 187.49
341161 09/25/2024 EFT 004941 BATES, CAROLEE 553.51
341162 09/25/2024 EFT 003638 BECERRA, ELIZABETH 633.35
341163 09/25/2024 EFT 012054 BECKER, JOHN R 229.04
341164 09/25/2024 EFT 014654 BEVILACQUA, ANTHONY 303.21 341165 09/25/2024 EFT 011916 BIER, MICHAEL 351.54
341166 09/25/2024 EFT 018689 BORROWMAN, STEVEN H. 722.56 341167 09/25/2024 EFT 012066 BROWN, MARTY R 385.35
341168 09/25/2024 EFT 012044 BURCHAK, GLORIA J 348.02
341169 09/25/2024 EFT 012056 CALDWELL, TERRY E 229.04
341170 09/25/2024 EFT 001114 CAMELI-STEVENS, LORAINE 156.61 341171 09/25/2024 EFT 003218 CARBAJAL, STEVEN 209.30
341172 09/25/2024 EFT 025314 CASTRO, MELISSA 802.61
341173 09/25/2024 EFT 003645 CATHCART, MICHAEL 537.54
341174 09/25/2024 EFT 004144 CHRISTIAN-SOPER, BARBARA 504.69 341175 09/25/2024 EFT 004751 COCKRUM, DAVID J. 739.82
341176 09/25/2024 EFT 008111 COLLINS, KEVIN 526.16
341177 09/25/2024 EFT 011935 COSTELLO, JOSE 107.75
341178 09/25/2024 EFT 011934 COX, JAMES L 312.31
341179 09/25/2024 EFT 012051 COX, JOHN STEVEN 75.42
341180 09/25/2024 EFT 012064 COY, MICHAEL 117.00
341181 09/25/2024 EFT 012069 DEZWART, AMY LYN 348.02
341182 09/25/2024 EFT 006095 DIAZ, JANET 526.28
341183 09/25/2024 EFT 019734 DORAN, WILLIAM J. III 289.55
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
341184 09/25/2024 EFT 009544 FALZONE, RICHARD 249.92
341185 09/25/2024 EFT 012046 FITZSIMMONS, RALPH L 49.24 341186 09/25/2024 EFT 012062 FLORES, CYNTHIA D 369.91
341187 09/25/2024 EFT 004773 FLORES, JOSEPH P. 142.00
341188 09/25/2024 EFT 011940 GARCIA, VINCENT J 641.16
341189 09/25/2024 EFT 011909 GARLAND, SHEILA D 205.88
341190 09/25/2024 EFT 012063 HARBOUR, RAYMOND LEE 860.76 341191 09/25/2024 EFT 015665 HELDRETH, GREGORY 887.20
341192 09/25/2024 EFT 012052 HINOJOS, JANICE A 278.92
341193 09/25/2024 EFT 011677 HOLLAND, KELLEY 296.87
341194 09/25/2024 EFT 012050 JARRETT, JENNIE L 348.02
341195 09/25/2024 EFT 022215 KARRES, RONALD J. 356.45
341196 09/25/2024 EFT 012049 KUHLMANN, EULEMA 108.06
341197 09/25/2024 EFT 029000 LACEY, MICHAEL P. 63.28
341198 09/25/2024 EFT 014183 LAURIE, BERNEE 159.02
341199 09/25/2024 EFT 012061 LAWSON, JAMES 680.39
341200 09/25/2024 EFT 012047 LEEF, DAVID 229.04
341201 09/25/2024 EFT 009048 LUDWIG, TRACY 572.80
341202 09/25/2024 EFT 019051 LUTHER, KARLA 242.49
341203 09/25/2024 EFT 012060 MADDOX, JONNIE F 385.35
341204 09/25/2024 EFT 011919 MARTINEZ, BASILIO 887.20
341205 09/25/2024 EFT 019440 MCCORMICK, DONNA 789.15
341206 09/25/2024 EFT 014184 MCGINN, JOHN 622.02
341207 09/25/2024 EFT 011918 MCGLADE, JOHN A 186.72
341208 09/25/2024 EFT 004588 MCGOWAN, CHERYL 261.99
341209 09/25/2024 EFT 003603 MCMURTRY, DANIEL 742.11
341210 09/25/2024 EFT 011913 MILLENDER, FRANCENE J 586.26 341211 09/25/2024 EFT 004745 MILLER, BRUCE 99.60
341212 09/25/2024 EFT 011917 MORSE, RENEE 371.89
341213 09/25/2024 EFT 012070 MOSHER, ADELE 88.24
341214 09/25/2024 EFT 012426 MULLINS, DENNIS M. 254.74
341215 09/25/2024 EFT 012065 NEWELL, CAROLYN 833.50
341216 09/25/2024 EFT 003200 O'DELL, DARRELL 622.02
341217 09/25/2024 EFT 013672 OGILVIE-HARPER, MARQUITA 282.49 341218 09/25/2024 EFT 012697 OROS, DWAYNE E. 802.61
341219 09/25/2024 EFT 012057 PATTERSON, ADAIR MARIE 371.89 341220 09/25/2024 EFT 022185 PIEPER, WADE 567.33
341221 09/25/2024 EFT 020717 PRUEITT, CORINNE 790.52
341222 09/25/2024 EFT 020716 PRUEITT, DAVID 790.52
341223 09/25/2024 EFT 011910 RAMIREZ, DIANA M 54.24
341224 09/25/2024 EFT 018894 RANDALL, DAVID L. 105.68
341225 09/25/2024 EFT 011920 RANKIN, SHARON 205.88
341226 09/25/2024 EFT 013209 RANKIN, TIMOTHY 814.16
341227 09/25/2024 EFT 020907 RODRIGUEZ, ANGELA 309.41
341228 09/25/2024 EFT 014496 RODRIGUEZ, LOUIE 742.11
341229 09/25/2024 EFT 017345 RUSSO, MARILEE 398.74
341230 09/25/2024 EFT 003583 RUSSO, VINCE 120.45
341231 09/25/2024 EFT 014493 SALAS, GLENN 255.03
341232 09/25/2024 EFT 012045 SALBERG, RAYMOND A 249.13
341233 09/25/2024 EFT 011929 SALINAS SR., XAVIER S 205.88 341234 09/25/2024 EFT 017488 SCHROEDER, KAY D. 312.31
341235 09/25/2024 EFT 003965 SCOTT, KIMBERLIE 369.91
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
341236 09/25/2024 EFT 014082 SMITH, ARNOLD 99.60
341237 09/25/2024 EFT 011931 SONGER FAMILY SURVIVAL TR 385.35 341238 09/25/2024 EFT 024654 SPARKS, DAVID J. 690.60
341239 09/25/2024 EFT 005559 ST. LOUIS, LINDA 887.20
341240 09/25/2024 EFT 018887 STONESIFER, ROBERT 108.06
341241 09/25/2024 EFT 021852 STONESIFER, BARRY 261.99
341242 09/25/2024 EFT 012949 STRATTON, DANIEL 180.79
341243 09/25/2024 EFT 017251 SWAL, JOSEPH F. 179.02
341244 09/25/2024 EFT 017153 SZARZYNSKI, MICHAEL J. 431.65 341245 09/25/2024 EFT 021025 TAYLOR, SHARON 641.16
341246 09/25/2024 EFT 012078 THOMASSON, PHILLIP 560.34
341247 09/25/2024 EFT 014806 WASSERMAN, REBECCA A 105.68 341248 09/25/2024 EFT 019160 WEAVER, STUART 802.61
341249 09/25/2024 EFT 013671 WEBB, WILLIAM C 359.51
341250 09/25/2024 EFT 011915 WHITE, JAMES M 385.35
341251 09/25/2024 EFT 011924 WILSON, BOBBY G 245.11
341252 09/25/2024 EFT 012958 WOLTERS, MARCELLA 108.06
341253 09/25/2024 EFT 012059 ZIZZI, WARREN J 677.19
341255 10/02/2024 EFT 006716 AIRGAS USA, LLC 125.78
341256 10/02/2024 EFT 000104 DANTIN ENTERPRISES, INC. 4,907.00 341257 10/02/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 102.00 341258 10/02/2024 EFT 018562 BEST POWER EQUIPMENT, LLC 974.14 341259 10/02/2024 EFT 019580 ASTRUM UTILITY SERVICES 17,000.00 341260 10/02/2024 EFT 010828 AVID IDENTIFICATION SYSTE 2,191.88 341261 10/02/2024 EFT 021548 BASE HILL, INC. 4,825.50
341262 10/02/2024 EFT 000297 BECK OIL, INC. 2,127.99
341263 10/02/2024 EFT 021096 BERGKAMP INC. 314,103.71
341264 10/02/2024 EFT 015877 BOOT BARN, INC. 2,083.19
341265 10/02/2024 EFT 013472 BROADLUX, INC. 11,940.00
341266 10/02/2024 EFT 022096 CALI AUTO GLASS 276.00
341267 10/02/2024 EFT 014820 CAL-STATE AUTO PARTS 30.47 341268 10/02/2024 EFT 016335 CHARTER COMMUNICATION HOL 1,500.00 341269 10/02/2024 EFT 027067 COMPASS PEST MANAGEMENT I 67.00 341270 10/02/2024 EFT 015486 CONSOLIDATED ELECTRICAL D 713.31 341271 10/02/2024 EFT 000743 DELL MARKETING L.P. 1,558.04 341272 10/02/2024 EFT 023281 STEADY MOVEMENT LLC 24.00
341273 10/02/2024 EFT 028115 D'S BOOTERY 447.94
341274 10/02/2024 EFT 000826 DUNN-EDWARDS CORPORATION 421.74 341276 10/02/2024 EFT 018870 ENNIS-FLINT, INC. 1,400.93 341278 10/02/2024 EFT 015760 FASTENAL COMPANY 912.56
341279 10/02/2024 EFT 017560 FERGUSON ENTERPRISES, LLC 227.93 341280 10/02/2024 EFT 017560 FERGUSON WATERWORKS 6,525.00 341281 10/02/2024 EFT 016767 KALMIKOV ENTERPRISES, INC 1,700.76 341282 10/02/2024 EFT 011206 FLYERS ENERGY LLC 1,355.86 341283 10/02/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 112.87 341284 10/02/2024 EFT 016134 FRONTIER COMMUNICATIONS C 9,313.72 341285 10/02/2024 EFT 001015 GALLS PARENT HOLDINGS, LL 47.01 341286 10/02/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,764.77 341287 10/02/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 3,094.96 341288 10/02/2024 EFT 001076 GRAINGER 763.46
341289 10/02/2024 EFT 020948 HARPER, JAMES JR 465.00
341290 10/02/2024 EFT 001172 JORDAN, RICHARD 1,565.00
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
341291 10/02/2024 EFT 014977 HEREDIA, SANDRA 1,283.18
341292 10/02/2024 EFT 028225 HESPERIA OUTDOOR POWER EQ 1,128.30 341293 10/02/2024 EFT 000278 HI DESERT ALARM 660.08
341294 10/02/2024 EFT 013759 HINDMAN, RICHARD 125.00
341295 10/02/2024 EFT 014733 INTEGRATED ENGINEERS AND 5,616.46 341296 10/02/2024 EFT 021594 HERITAGE LANDSCAPE SUPPLY 3,473.76 341297 10/02/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 2,475.76 341298 10/02/2024 EFT 020477 LIFE-ASSIST, INC. 119.19
341299 10/02/2024 EFT 022420 LORBEL, INC. 2,202.19
341300 10/02/2024 EFT 005674 MERRELL JOHNSON ENGINEERI 13,111.00 341301 10/02/2024 EFT 019967 MOJAVE AUTO COLLISION 160.00 341302 10/02/2024 EFT 017743 PULICE, SAMUEL A. 250.44
341303 10/02/2024 EFT 025260 PENWORTHY COMPANY, THE 1,867.62 341304 10/02/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 617.62 341305 10/02/2024 EFT 018240 QSI 2011, INC. 48,104.83
341306 10/02/2024 EFT 018886 RDO EQUIPMENT CO. 755.01
341307 10/02/2024 EFT 024930 REFRIGERATION SUPPLIES DI 837.76 341308 10/02/2024 EFT 014497 CERVANTES, JAIME L. 6,045.31 341309 10/02/2024 EFT 020842 ALL PURPOSE FIRE EXT. COR 809.07 341310 10/02/2024 EFT 002063 SBC FIRE DEPARTMENT 7,440.00 341311 10/02/2024 EFT 002037 SAN BERNARDINO COUNTY 180.00 341312 10/02/2024 EFT 001153 DS SERVICES OF AMERICA, I 652.32 341313 10/02/2024 EFT 017269 TOWN & COUNTRY TIRE INC 1,620.40 341314 10/02/2024 EFT 020979 TR DESIGN GROUP, INC. 65,901.90 341315 10/02/2024 EFT 022839 TRIMARK ASSOCIATES, INC. 4,311.00 341316 10/02/2024 EFT 002419 UNDERGROUND SERVICE ALERT 30.35 341317 10/02/2024 EFT 014536 UNITED SITE SERVICES OF C 814.52 341318 10/02/2024 EFT 020762 OREMOR OF VICTORVILLE, LL 102.31 341319 10/02/2024 EFT 006861 WATER SYSTEMS CONSULTING, 6,217.50 341320 10/02/2024 EFT 002554 WAXIE SANITARY SUPPLY 1,664.72 341321 10/02/2024 EFT 007786 WILLIAMS, MONIQUE 720.00
341322 10/02/2024 EFT 022033 WOODARD & CURRAN, INC. 497,550.79 341323 10/02/2024 EFT 018845 Z GLOBAL INC. 44,446.44
796925 09/25/2024 PRINTED 999973 ARMSTRONG, ALFREDA 55.78 796926 09/25/2024 PRINTED 013312 A & B HITCHES AND MUFFLER 102.05 796927 09/25/2024 PRINTED 018004 CONTINENTAL AMERICAN INSU 1,691.94 796928 09/25/2024 PRINTED 014878 ALLTECH INDUSTRIES, INC 16,646.60 796929 09/25/2024 PRINTED 020713 BAKER & HOSTETLER LLP 445.50 796930 09/25/2024 PRINTED 015662 BALLARD, JAMES ANDREW AND 1,104.52 796931 09/25/2024 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 320.00 796932 09/25/2024 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 8,855.03 796933 09/25/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 256.22 796934 09/25/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 20,926.78 796935 09/25/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 4,901.29 796936 09/25/2024 PRINTED 000618 CDW GOVERNMENT, INC. 7,410.51 796937 09/25/2024 PRINTED 022991 COLONELLI, AARON 18.87 796938 09/25/2024 PRINTED 014721 CORE & MAIN LP 28,033.10 796939 09/25/2024 PRINTED 018141 CR&R INCORPORATED 515.11 796940 09/25/2024 PRINTED 021383 CROSS CONNECTIONS EMERGEN 16,046.58 796941 09/25/2024 PRINTED 023070 C. WELLS PIPELINE MATERIA 5,143.88 796942 09/25/2024 PRINTED 006348 DAILY JOURNAL CORPORATION 724.52 796943 09/25/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 100.00
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
796944 09/25/2024 PRINTED 014122 EUROFINS EATON ANALYTICAL 435.00 796945 09/25/2024 PRINTED 017863 EXTREME CANOPY INC 1,473.57 796946 09/25/2024 PRINTED 013384 LASTAND, INC. 145.00
796947 09/25/2024 PRINTED 022788 GANNETT MEDIA CORP 999.20 796948 09/25/2024 PRINTED 023182 GARCIA, SERGIO 90.00
796949 09/25/2024 PRINTED 008788 HDL COREN & CONE 695.00 796950 09/25/2024 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 1,520.00 796951 09/25/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 173.69 796952 09/25/2024 PRINTED 004021 KING, LAURA 21.75
796953 09/25/2024 PRINTED 023373 HIGHWAY 84 ENTERTAINMENT 3,500.00 796954 09/25/2024 PRINTED 023130 HUNTINGTON BEACH ELECTRIC 88,350.00 796955 09/25/2024 PRINTED 020667 CONDON, JOSEPH 1,144.00 796956 09/25/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 518.64 796957 09/25/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 11,167.73 796958 09/25/2024 PRINTED 021978 LAW OFFICE OF PETER KIEL 3,472.00 796959 09/25/2024 PRINTED 022774 LIEBERT CASSIDY WHITMORE 5,090.00 796960 09/25/2024 PRINTED 999985 MORA, ROSA 145.00
796961 09/25/2024 PRINTED 020751 MCPHERSON, MALLORY 44.56 796962 09/25/2024 PRINTED 001551 MEASUREMENT CONTROL SYSTE 3,531.25 796963 09/25/2024 PRINTED 017097 MENDOZA, JOSHUA 322.65 796964 09/25/2024 PRINTED 021856 METROPOLITAN LIFE INSURAN 1,402.25 796965 09/25/2024 PRINTED 023015 MONET CONSTRUCTION, INC. 260,775.00 796966 09/25/2024 PRINTED 022212 MWI VETERINARY SUPPLY CO. 1,163.37 796967 09/25/2024 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 996.86 796968 09/25/2024 PRINTED 015663 PADILLA & ASSOCIATES, INC 1,286.12 796969 09/25/2024 PRINTED 009123 PATTON SALES CORP. 36.76 796970 09/25/2024 PRINTED 022511 PUMP CHECK, INC. 1,075.00 796971 09/25/2024 PRINTED 023264 QUADIENT FINANCE USA, INC 2,035.24 796972 09/25/2024 PRINTED 023351 RENEWELL FLEET SERVICE LL 2,712.49 796973 09/25/2024 PRINTED 023303 SANCHEZ, MICHAEL 140.00 796974 09/25/2024 PRINTED 002071 SAN BERNARDINO CO SOLID W 283,607.49 796975 09/25/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 33,559.31 796976 09/25/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 53,139.82 796977 09/25/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 4,839.31 796978 09/25/2024 PRINTED 002269 SUNLAND FORD 429.34
796979 09/25/2024 PRINTED 002204 SOUTHWEST GAS CORPORATION 27,371.53 796980 09/25/2024 PRINTED 002364 TRACE ANALYTICS, INC. 1,465.64 796981 09/25/2024 PRINTED 016520 UNITED STATES CUSTOMS AND 1,201.94 796982 09/25/2024 PRINTED 022706 RED BARN MEDIA, INC. 603.70 796983 09/25/2024 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 1,669.81 796984 09/25/2024 PRINTED 002475 VESD CAFETERIA 346.62
796985 09/25/2024 PRINTED 029510 WEST END MATERIAL SUPPLY 60.79 796986 09/25/2024 PRINTED 000694 ZENNER PERFORMANCE METERS 7,000.00 796987 09/25/2024 PRINTED 023389 DELGADO, NATALIE 20.70 796988 09/25/2024 PRINTED 023386 DS MORENO VALLEY LLC 28.01 796989 09/25/2024 PRINTED 023390 ICON CONSTRUCTION AND DES 23.14 796990 09/25/2024 PRINTED 023387 LEON, PERLA 37.14
796991 09/25/2024 PRINTED 023385 NJ KASSIH REVOCABLE TRUST 67.52 796992 09/25/2024 PRINTED 023208 OPENDOOR PROPERTY TRUST I 25.59 796993 09/25/2024 PRINTED 023391 QU, CHANG 81.36
796994 09/25/2024 PRINTED 023392 RAMOS, CLAUDIA 27.40
796995 09/25/2024 PRINTED 015394 REAL ESTATE UNLIMITED 26.57
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 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
796996 09/25/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 98.05 796997 09/25/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 101.64 796998 09/25/2024 PRINTED 014712 SANCHEZ, GUADALUPE 72.25 796999 09/25/2024 PRINTED 008621 WRIGHT, ROBERT/JOANN 26.23 797000 09/25/2024 PRINTED 023388 XIAOSONG, ZHAO 36.49
797001 10/02/2024 PRINTED 023403 GONZALEZ PARTY & EVENT RE 1,595.00 797002 10/02/2024 PRINTED 013312 A & B HITCHES AND MUFFLER 677.64 797003 10/02/2024 PRINTED 014878 ALLTECH INDUSTRIES, INC 48,047.33 797004 10/02/2024 PRINTED 022097 AMAZON CAPITAL SERVICES, 274.17 797005 10/02/2024 PRINTED 000174 APEX RENTAL 258.68
797006 10/02/2024 PRINTED 017680 AUTOZONE, INC. 303.03
797007 10/02/2024 PRINTED 017819 ANIMAL HOSPITAL AT THE NA 240.00 797008 10/02/2024 PRINTED 003042 APPLE VALLEY COMMUNICATIO 2,284.27 797009 10/02/2024 PRINTED 017968 AVCOM SERVICES, INC. 495.00 797010 10/02/2024 PRINTED 000179 APPLE VALLEY FIRE PROTECT 331.79 797011 10/02/2024 PRINTED 025164 THE BANK OF NEW YORK MELL 9,968.80 797012 10/02/2024 PRINTED 023224 BDO USA, P.C. 12,678.00 797013 10/02/2024 PRINTED 000294 BEAR VALLEY PARTY RENTALS 3,849.32 797014 10/02/2024 PRINTED 021170 BIG AZ INFLATABLES INC. 1,325.00 797015 10/02/2024 PRINTED 017050 BLAS, CASEY 80.00
797016 10/02/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 1,756.87 797017 10/02/2024 PRINTED 000787 STATE OF CALIFORNIA 94.50 797018 10/02/2024 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 383.03 797019 10/02/2024 PRINTED 021756 VILLEGAS, URIEL 3,500.00 797020 10/02/2024 PRINTED 000155 CENTURY LINK 458.82
797021 10/02/2024 PRINTED 023394 CISNEROS, ROBERT 250.00 797022 10/02/2024 PRINTED 014721 CORE & MAIN LP 376.53
797023 10/02/2024 PRINTED 023070 C. WELLS PIPELINE MATERIA 12,549.75 797024 10/02/2024 PRINTED 006348 DAILY JOURNAL CORPORATION 2,922.64 797025 10/02/2024 PRINTED 023144 MORALES, ALFREDO 3,000.00 797026 10/02/2024 PRINTED 022924 DH GRAPHICS 1,522.50
797027 10/02/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 691.00 797028 10/02/2024 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 954.01 797029 10/02/2024 PRINTED 014122 EUROFINS EATON ANALYTICAL 1,535.00 797030 10/02/2024 PRINTED 004581 FLEETPRIDE 382.60
797031 10/02/2024 PRINTED 022499 DICKENSON, MARIE 3,100.00 797032 10/02/2024 PRINTED 021669 GUTIERREZ, JOHN 60.00
797033 10/02/2024 PRINTED 023318 GUTIERREZ, NATHAN 465.28 797034 10/02/2024 PRINTED 017053 HIGH DESERT LOCK & SAFE, 555.69 797035 10/02/2024 PRINTED 021441 HENRY SCHEIN, INC. 2,937.12 797036 10/02/2024 PRINTED 023384 HIGH PERFOMANCE MOBILE GA 850.00 797037 10/02/2024 PRINTED 021377 HOLLY, BROOKE DANIELLE 684.00 797038 10/02/2024 PRINTED 016039 INFOSENSE, INC. 995.00 797039 10/02/2024 PRINTED 999982 JONES, EBONI 136.00
797040 10/02/2024 PRINTED 020667 CONDON, JOSEPH 580.00
797041 10/02/2024 PRINTED 014207 JOHNSON, TYSON A. 283.50 797042 10/02/2024 PRINTED 022048 CJAM LLC 55.00
797043 10/02/2024 PRINTED 016780 KERNS INC. A CALIFORNIA C 424,580.55 797044 10/02/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,122.27 797045 10/02/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,030.88 797046 10/02/2024 PRINTED 021394 LAMADRID, ROBERT M 1,600.00 797047 10/02/2024 PRINTED 021329 LEOTEK ELECTRONICS USA LL 84,754.31
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 Page 8User:
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CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
797048 10/02/2024 PRINTED 021626 LFG PRINTING & ADVERTISIN 4,997.92 797049 10/02/2024 PRINTED 015232 LOGICALIS, INC 19,998.00 797050 10/02/2024 PRINTED 004292 LU'S LIGHTHOUSE 1,699.53 797051 10/02/2024 PRINTED 023379 MERRITT, ADRIAN 495.00 797052 10/02/2024 PRINTED 001611 MOORE, CHRISTOPHER 187.69 797053 10/02/2024 PRINTED 022212 MWI VETERINARY SUPPLY CO. 599.71 797054 10/02/2024 PRINTED 001648 NAPA AUTO PARTS 6,490.22 797055 10/02/2024 PRINTED 017475 NETA NETWORKS, INC. 243.18 797056 10/02/2024 PRINTED 022947 NEWCO DISTRIBUTORS 3,822.55 797057 10/02/2024 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 293.61 797058 10/02/2024 PRINTED 018455 OWENBY, MATTHEW PAUL 168.00 797059 10/02/2024 PRINTED 015663 PADILLA & ASSOCIATES, INC 5,376.00 797060 10/02/2024 PRINTED 020977 PATINO, JACOB 370.76
797061 10/02/2024 PRINTED 009123 PATTON SALES CORP. 1,432.51 797062 10/02/2024 PRINTED 023181 PRIETO, JAVIER JR. 451.42 797063 10/02/2024 PRINTED 021481 VELASCO,JOSEPH 6,833.70 797064 10/02/2024 PRINTED 023377 RODRIGUEZ, NATASHA 2,300.00 797065 10/02/2024 PRINTED 017535 SCHNEIDER ELECTRIC SYSTEM 13,266.00 797066 10/02/2024 PRINTED 018884 FIRST STREET PARENT, INC. 140.54 797067 10/02/2024 PRINTED 016345 NNN INVESTMENTS INC. 99.50 797068 10/02/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 85,921.56 797069 10/02/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 462.46 797070 10/02/2024 PRINTED 024609 STAPLES BUSINESS ADVANTAG 73.71 797071 10/02/2024 PRINTED 017868 STATION AUTOMATION, INC. 10,784.00 797072 10/02/2024 PRINTED 002269 SUNLAND FORD 5,094.04
797073 10/02/2024 PRINTED 002204 SOUTHWEST GAS CORPORATION 171,538.13 797074 10/02/2024 PRINTED 999992 TA PARTNERS 7,581.25
797075 10/02/2024 PRINTED 022482 CENDEJAS, DANIEL 3,500.00 797076 10/02/2024 PRINTED 002357 TOPS N' BARRICADES, INC. 103.31 797077 10/02/2024 PRINTED 013754 TURBOSCAPE, INC. 2,876.45 797078 10/02/2024 PRINTED 020635 URENA, JENNIFER 183.77 797079 10/02/2024 PRINTED 016520 UNITED STATES CUSTOMS AND 68,138.60 797080 10/02/2024 PRINTED 002486 VICTOR VALLEY UNION HIGH 8,000.00 797081 10/02/2024 PRINTED 023378 NELSON, ELAINE 1,957.50 797082 10/02/2024 PRINTED 008527 ZOLL MEDICAL CORPORATION 4,805.27 797083 10/02/2024 PRINTED 021759 ADVANTAGE SEALING SYSTEM, 1,095.28 797084 10/02/2024 PRINTED 019731 EL DORADO BROADCASTERS LL 2,313.00 797085 10/02/2024 PRINTED 018317 FARMER BROTHERS COFFEE 1,622.16 797086 10/02/2024 PRINTED 023397 AGUILAR, OCTAVIO 93.04 797087 10/02/2024 PRINTED 023408 ARMSTRONG, ALFREDA L. 28.82 797088 10/02/2024 PRINTED 011794 BRECKENRIDGE PROPERTY FUN 36.06 797089 10/02/2024 PRINTED 016532 BRECKENRIDGE PROPERTY FUN 92.06 797090 10/02/2024 PRINTED 023407 CHASE, LOTTIE 46.23
797091 10/02/2024 PRINTED 023395 CREDENTIAL CONSTRUCTION I 49.78 797092 10/02/2024 PRINTED 023412 FIDELITY NATIONAL TITLE 19.96 797093 10/02/2024 PRINTED 023413 FIDELITY NATIONAL TITLE 219.16 797094 10/02/2024 PRINTED 023401 HOLENBROOK, JOSEPH 120.00 797095 10/02/2024 PRINTED 020567 JB SPECIALTY CONTRACTOR 689.88 797096 10/02/2024 PRINTED 023399 KELLY'S UNDERGROUND CONST 429.32 797097 10/02/2024 PRINTED 023400 LAWYERS TITLE CO 41.47 797098 10/02/2024 PRINTED 023396 MASIN, MARIA D 50.81
797099 10/02/2024 PRINTED 023398 MESOXI LLC 30.44
CITY OF VICTORVILLE
Report generated: 10/02/2024 11:57 Page 9User:
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CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
797100 10/02/2024 PRINTED 023411 MOSAIC ESCROW INC 160.66 797101 10/02/2024 PRINTED 023409 OPENDOOR PROPERTY J LLC 30.44 797102 10/02/2024 PRINTED 023406 PEREZ, ANDREW 17.83
797103 10/02/2024 PRINTED 023410 REIFER, ADAM J. 28.82
797104 10/02/2024 PRINTED 023416 SCAFIDI, TONY O 5,224.17 797105 10/02/2024 PRINTED 023414 TICOR TITLE CO OF CA 59.53 797106 10/02/2024 PRINTED 008205 TSAI, MING 26.32
797107 10/02/2024 PRINTED 023415 WESTERN RESOURCE TITLE 183.80 424 CHECKS CASH ACCOUNT TOTAL 3,803,759.03 .00
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: October 15, 2024
Submitted By:
Tony Camargo, Deputy City Manager
Subject:
Economic Development Activity Report
Recommendation:
That the Honorable City Council review and file the attached Economic Development Activity Report.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal C, Community and Economic Development. The Economic Development Department will continue to present these reports to the Council and the community to attract new businesses and work to retain existing businesses.
Background:
The City's Economic Development Department has traditionally focused on attracting industrial development, large manufacturing, and distribution centers to the City of Victorville, as well as promoting retail development projects throughout the City. Over the past several years, Economic Development's marketing program has focused more directly on retail and commercial development to enhance the community's quality of life.
Discussion:
As part of our ongoing efforts to achieve the strategies outlined in the adopted Strategic Plan for Community and Economic Development, this Activity Report will summarize recent key projects and programs. The City's Economic Development Department will provide quarterly updates to present key departmental activities, highlights, and operational performance indicators.
Attachments: A. Economic Development Activity Report
Attachment A
Economic Development Activity Report
ACTIVITY REPORT
ECONOMIC DEVELOPMENT
The City of Victorville's Economic
Development Department is
responsible for attracting new
business investment and
encouraging the expansion of
businesses throughout the City.
Contact us for assistance in
starting and growing your
business!
Economic Development Department
14343 Civic Dr.
Victorville, CA 92392
(760) 955-5032
VictorvilleCA.gov
508 NEW APPROVED & ENTITLED
SINGLE-FAMILY DEVELOPMENTS
The Victorville Planning Commission recently approved
a number of tract maps for entitlement, including a
new 298 single-family lot on 77 acres located at
southwest corner of Eucalyptus St. and Caliente Rd.
Additionally, the Planning Commission approved a new
210 single-family lot on 60 acres located at the
southeast corner of Seneca Rd. and Cantina Rd.
showcasing Victorville’s ongoing expansion.
11 NEW SINGLE-FAMILY
RESIDENTIAL TRACTS UNDERWAY
Victorville is experiencing ongoing residential growth.
Currently, seven single-family residential developers
are working on over 11 new single-family residential
tracts, contributing to the City's expansion.
RESIDENTIALUPDATE
NEW ±1.3 MILLION SQ.FT.WAREHOUSE
Prologis is developing a new warehouse
spanning ±1.3 million square feet at the
Southern California Logistics Center. Situated
just north of the existing ±1 million sq.ft.
warehouse occupied by Amazon, this new
facility will serve as a warehouse and
distribution center for Goodyear Tires. This
employer is anticipated to bring 175 new jobs
to the community!
NEW WAREHOUSE DEVELOPMENT
TOTALING ±1 MILLION SQ.FT.
Located at the northeast corner of Mojave Drive
and Topaz Road, the Planning Department
recently approved three warehouse distribution
buildings totaling approximately 1 million sq.ft.
PARKING LOT EXPANSIONNEW CHURCH & DWIGHT
Victorville Planning Department
recently approved a tractor-trailer
parking lot expansion for the existing
Church & Dwight facility located on
±10 acres of undeveloped Heavy
Industrial land.
On August 6, 2024, SCLA staff joined partner
developer, Prologis, to commemorate a "Tilt
Up" event held north of the current Amazon
warehouse on Gateway Drive. This event
celebrated the raising of wall panels for
Prologis's newest warehouse project, which
covers around ±1.3 million square feet.
The SCLA recently completed a bid solicitation
for roof improvements to Hangar Building 756.
Constructed in 1945, this 58,000 sq.ft. hangar will undergo a full reconstruction of the roof. The project will reconstruct the 34,000 sq.ft. barrel roof curvature and 13,000 sq.ft. detachable tail door metal roof. Construction began in September 2024.
SCLA Staff at Prologis Tilt Up Event
INDUSTRIAL DEVELOPMENTUPDATE
SOUTHERN CALIFORNIA LOGISITICS AIRPORT?WHAT’S GOING ON AT CelebratingCelebrating
On August 28, 2024, Victorville welcomed the High
Desert PACE Center to our community. This all-
inclusive elderly care facility is the first of its kind in the Victor Valley region providing affordable services
for independent living to adults aged 55 or older.
On September 6, 2024, Victorville welcomed BioLife
Plasma Services to its new address, at 12480
Amargosa Rd. BioLife Plasma Services specializes in
plasma medicine used to combat a range of rare
diseases.
In Q3 of 2024, Superior Grocers opened its second
Victorville location at 13650 Bear Valley Rd. in the
former Albertson’s building. Committed to serving
the residents of Victorville, Superior Grocers aims to
provide only the best products available.
On July 27, 2024, Victorville welcomed Love Beauty
Suites to our community. Their new location can be
found at 15208 Bear Valley Rd. #B375, where they
provide a wide variety of beauty services, including
facials, massages, waxes, hair treatments, and nail
care.
NEW BEGINNINGS
Located at 14190 Bear Valley Rd., the U.S. Army
Recruiting Office celebrated a new beginning with
members of our community. Committed to
expanding their partnership with our local
community, they are dedicated to serving the needs
of our residents.
COMING SOON TO
NEW NEW campaign
KEEP IT LOCAL, SHOP VICTORVILLE
As part of the City’s Strategic Plan to retain local
businesses, the Economic Development Department
has been working to develop campaigns that
promote local businesses and boost community
engagement.
SHOP LOCAL
Beginning September 28th through November
23rd, the City of Victorville will be running an eight- week social media campaign encouraging residents
to nominate their favorite businesses in various
categories. Each week, a new question will be posted, asking residents to nominate their favorite local spots for each food category, such as best burger spot, favorite pizza place, or top sushi restaurant. All nominations will be entered into a bracket- style competition where residents can then vote for Victorville’s Best Gems. Join us in the fun and share your favorite local spots!
Together, lets celebrate the businesses that contribute so much to our local economy!
Maverick truck stop will be located
at the northwest intersection of
Nisqualli Rd. and Mariposa Rd.
Five Below will be located in the
Vons Shopping Center at the corner
of Bear Valley Rd. & Hesperia Rd.
Raising Cane’s will be located
on the north side of Roy
Rogers Dr. & west of Civic Dr.
Jersey Mike’s will be located in
the Desert Sky Plaza at 15683
Roy Rogers Dr. # 303 next to the
existing Waba Grill.
Auto Zone will be located at
the northwest corner of
Mojave Dr. and El Evado Rd.
RICHIE’S DINER
Step back in time and groove to the classics at Richie’s Diner, located at 14236 Valley Center Dr.! This retro gem serves up American classics while providing its customers with a
throwback experience like no other. Swing by and experience the nostalgia and flavor - you won’t be disappointed!
ELEMENTS HAIR STUDIO
Known for their top-notch haircuts and color magic,
Elements Hair Studio is dedicated to making their
customers look fabulous. With over 20 years of
professional experience, you’ll leave with a smile. Swing by their stylish spot at 12044 Dunia Rd. for your next cut!
LOVE BEAUTY SUITES
Looking to treat yourself? Swing by Love Beauty Suites located at 15208 Bear Valley Rd. and let business owner, JaiDean and her team take your beauty game to the next level. From
relaxing facials and soothing saunas to fabulous hair, nails, and massages, they have all your beauty needs covered.
#MYBIZINVV
YOUR BUSINESS CAN BE NEXT!YOUR BUSINESS CAN BE NEXT!
For more information on how your business could win a
free promotional video, please scan the QR code for more information!
MAY 2024 WINNER
JUNE 2024 WINNER
JULY 2024 WINNER
In September 2023, the Economic Development Department partnered with the Public Information Office to develop a social media campaign that highlights local businesses in the City of Victorville!
Each month, the City of Victorville invites licensed businesses to enter our free monthly #MyBizinVV drawing for a chance to win a free fully-produced promo video valued at $2,000! To enter into the drawing is easy, all that is needed is to follow the City of Victorville’s social media pages, Instagram @cityofvv or Facebook @cityofvictorville, respond to the monthly question posted by the City of Victorville, and that’s it! The winner is announced on the City of Victorville’s social media pages.
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: October 15, 2024
Submitted By:
Jenele Davidson, Deputy City Manager
Subject:
Resolution of Intention to Establish a Community Facilities District No. 2024-01 to Provide City Services
Recommendation:
Staff recommends that the Honorable City Council:
(1) Accept the petitions from the property owners requesting initiation of formation of Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) (“CFD 2024-01”) to finance certain ongoing municipal services; and (2) Adopt Resolution No. 24-092, authorizing the intention to establish CFD No. 2024- 01, levy a services special tax, and set a Public Hearing date for November 19, 2024.
Fiscal Impact:
Establishment of CFD No. 2024-01 will allow for the levy of special taxes to pay for vital municipal services. In addition, CFD No. 2024-01 municipal services taxes will be increased annually by either the Consumer Price Index (CPI) for the calendar year ending in December of the prior year or five percent (5%), whichever is greater, to ensure that the increased cost of providing services is adequately mitigated. Two separate funds will be created for each component of the municipal services associated with Community Facilities District (CFD): Citywide CFD – Public Safety (Special Tax A) and Citywide CFD – Maintenance (Special Tax B). Following the formation of the CFD, new residential and non-residential projects will annex into the Citywide CFD as part of their project conditions.
Annually, staff will bring forth an update item to keep the Council informed of what projects have annexed into the CFD and provide a status report.
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Strategic Plan Goal:
The City Council adopted the updated Strategic Plan with seven overarching goals to be completed between 2023 and 2026 and various strategies aimed to achieve these goals.
Under Goal A, Financial Sustainability, Strategy 5 is focused on exploring the potential creation of a CFD or other financing mechanisms for operation and maintenance of various public improvements. This item establishes the City’s intent to form a Citywide services CFD and allow future development projects to annex into the CFD. Implementing this new Citywide CFD will help alleviate the financial burden on the General Fund by addressing future impacts of new development on public safety and maintenance services.
Background:
The City’s Strategic Plan was last updated in August 2023, outlining goals for the next three years. Among them, Goal A is Financial Sustainability, was carried forward from the 2020 Strategic Plan and intended to ensure fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. As staff continue to evaluate the City’s needs and expense obligations for each of the funds it manages, unique funding mechanisms are analyzed to determine the feasibility of using other financial instruments to accomplish the City's financial goals.
These goals include ensuring there is a funding mechanism for infrastructure that is brought forth by new development and the City’s perpetual maintenance obligation. The current options for mitigating the cost of additional municipal services for new development include, annexing into or forming a Landscape Maintenance Assessment District (LMAD), Drainage Facilities Assessment District (DFAD), Maintenance Assessment District (MAD), Street Light Assessment District (SLAD), or the development may form its own Homeowners Association (HOA). However, the maintenance districts allowed under the Landscape and Lighting Act of 1972 do not cover road maintenance and graffiti abatement, two maintenance items that will be covered under the proposed services CFD for maintenance.
In December 2021, staff began exploring CFDs and the possibility of forming a district within the City to require new development to mitigate the cost associated with the provision of additional municipal services attributable to such development. A CFD falls under the Mello-Roos Community Facilities Act of 1982 (Mello-Roos Act) and is a special tax district formed when property owner(s) within a geographic area agree to impose a tax to fund infrastructure improvements and/or services.
The Mello-Roos Act, California Government Code Section 53311 et seq., authorizes the City to establish a CFD to finance certain public services through the levy of a special tax.
The services that can be financed by a CFD under the Mello-Roos Act include the following:
•Police protection services, including, but not limited to, criminal justice (limited to providing services for jails, detention facilities, and juvenile halls). •Public Safety as it relates to code enforcement.
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•Fire protection and suppression services, ambulance and paramedic services.
•Maintenance and lighting of parks, parkways, streets, roads, and open spaces.
•Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, plowing and removal of snow, and sandstorm protection systems.
•Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment.
•Operation of library and recreation programs.
•Operation of future museums and cultural facilities.
•Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency (by agreement).
With the help of the City’s CFD Consultant, Webb Municipal Finance, LLC (Webb), the City developed and applied a new condition of approval to all applicable project entitlements beginning in August of 2022, requiring annexation into a citywide services CFD if one was formed by the City. There are two separate components of the proposed services CFD: public safety and maintenance.
In May 2024, Webb and City staff provided an overview of what a Citywide CFD would look like, what the tax rate might be given the current property values in the City, and the next steps required to move forward in the process.
The next step in forming the Citywide CFD was to find a development project that was at a point within the development process where a tract map was nearly ready to record with developers willing to form the CFD. Staff worked with a variety of developers to ensure that a viable project would form the CFD.
CFD No. 2024-01 will be formed as a Citywide annexable CFD, and all future developments will be required to annex into CFD No. 2024-01 to pay for certain City services.
The initial project proposing to form CFD No. 2024-01 is Tract Map 14525. The project is proposed to be residential use with 312 units and will be constructed on 116.79 acres in the City of Victorville.
The CFD No. 2024-01 Municipal Services Special Tax will be used to pay for eligible City services including public safety services; street and road maintenance; and the operations, maintenance and lighting of parks, parkways, streets, roads and open space and other authorized services specified in Government Code Section 53313 that the City will provide to this project area.
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At this time, the City will not be using the CFD special tax for library and recreation programs or museum operations; however, in the future the Council can elect to begin funding these services through the CFD. If the City does not include these services by name when forming the Citywide CFD, the City will not be able to apply CFD funds to these services in the future. Should General Fund or Measure P become strained, the City will have a financial option to ensure these services can still be provided to new development.
Discussion:
Current Government Code provisions require the City Council, following receipt of a petition requesting the institution of CFD formation proceedings signed by landowners owning the requisite portion of the area of the proposed CFD and specifying the type or types of facilities and services to be financed by the CFD, to adopt a Resolution of Intention (ROI) to establish the CFD.
The City Council must set a public hearing date not less than thirty (30) days, but no more than sixty (60) days after the date the ROI is adopted, at which it will hear testimony, protests, and receive information regarding the establishment of the CFD. At least seven (7) days prior to the public hearing, a notice thereof must be published in a local newspaper. After the public hearing has been held, if sufficient written protests against the establishment of the CFD have not been received from a majority of the landowners in the proposed CFD territory, the City Council may determine to establish the CFD by adopting a resolution of formation, which includes the information required by Government Code Section 53325.1. Thereafter, a special election is called and held at which the affected property owners cast their ballots for or against establishment of the CFD and the levying of the special tax. The ballots are counted and, if the CFD is approved by the property owner(s), the City adopts a resolution determining the formation of the CFD.
The levy of the proposed special tax is subject to approval by the property owner(s) forming the CFD at a public hearing. The proposed voting procedure shall be ballots hand delivered to the landowners in the proposed CFD. Currently, SLPR, LLC and Fontana Land Associates, LLC are the owners of the properties that will be included to form the Citywide services CFD. SLPR, LLC has submitted one signed CFD Petition for Parcel No. 0473-163-12 and SLPR, LLC and Fontana Land Associates have submitted one signed CFD Petition for Parcel No. 0473-181-27; the landowners consent to the formation of CFD 2024-01; and acknowledges the City’s intent to establish the Future Annexation Area (Attachment A – Exhibit A) to streamline the process for future properties annexing into CFD No. 2024-01.
Pursuant to Section 53313 of the Mello-Roos Community Facilities Act of 1982, the City proposes to authorize a special tax levy on the property to help pay for eligible City services that will be provided to CFD No. 2024-01.
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If Council moves forward with the staff recommendation, the Public Hearing will be scheduled for Tuesday, November 19, 2024, at 6:00 p.m. (or soon thereafter) to form the Citywide CFD for municipal services.
Staff is available for any questions you may have.
Attachments: A. Resolution No. 24-092
1 5
4 3
4 Attachment A
1 5
4 3
4 RESOLUTION NO. 24-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2024-01 OF THE CITY OF VICTORVILLE (MUNICIPAL SERVICES) WITH A
FUTURE ANNEXATION AREA AND TO AUTHORIZE THE LEVY OF A SPECIAL
TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING
PUBLIC SERVICES
WHEREAS, the City of Victorville (the “City”) has received petitions (the “Petitions”) signed by the owners of more than ten percent (10%) of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district which meets the requirements of Sections 53318 and 53319 of the California Government Code; and
WHEREAS, the City Council of the City (the “City Council”) desires to adopt this resolution of intention as provided in Section 53321 of the California Government Code to establish a community facilities district consisting of the territory described in Exhibit A attached hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as “Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services)” (“Community Facilities District No. 2024-01” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”) to: (1) finance the services described in Exhibit B attached hereto and incorporated herein by this reference (the “Municipal Services”); and (2) finance the administrative expenses to be incurred in connection with forming and administering the District and financing the Services (the “Services Administrative Expenses”); and
WHEREAS, pursuant to Section 53339.3 of the Act, the City Council proposes to designate the remainder of the property outside of the District but within the City as territory proposed for future annexation into the District (the “Future Annexation Area”), with the condition that a parcel or parcels within such Future Annexation Area may be annexed and subjected to the special tax of the District only with the unanimous approval of the owner or owners of the parcel or parcels at the time of annexation or in compliance with other procedures established by the Act; and
WHEREAS, the City Council further intends to approve an estimate of the costs of the Municipal Services and the Services Administrative Expenses for the District; and WHEREAS, it is the intention of the City Council to consider financing the Municipal Services and the Services Administrative Expenses through the formation of the District and the levy of a special tax to pay for such Municipal Services and Services Administrative Expenses.
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4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated and made a part of Resolution by this reference, including any definitions contained therein.
SECTION 2. Intention. The City Council declares its intention to conduct proceedings pursuant to the Act for the establishment of the District. It is proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Exhibit A hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel initially subject to taxation by the District, and as depicted on the map of the proposed District which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the California Streets and Highways Code.
SECTION 3. Future Annexation Area. The City Council further proposes to designate the Future Annexation Area as property proposed for annexation into the District in the future, with the condition that a parcel or parcels within such Future Annexation Area may be annexed to the District and subject to taxation by the District only with the unanimous approval of the owner or owners of such parcel or parcels at the time that such parcel or parcels are annexed to the District. Property within the Future Annexation Area may be annexed into the District with Maximum Special Tax rates (as defined in the rate and method of apportionment attached as Exhibit C hereto (the “Rate and Method”)) designated by the District and unanimously approved by the property owners.
SECTION 4. Name of the Community Facilities District. The name of the proposed community facilities district shall be “Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services).”
SECTION 5. Types of Services to be Financed. The Municipal Services proposed to be provided for the benefit of the District are public services as defined in the Act, and the City Council finds and determines that the Municipal Services to be financed are in addition to those provided in the territory of the District, including the Future Annexation Area, at the present time and do not supplant services already available within the territory of the District and the Future Annexation Area at the present time. The City Council hereby finds and determines that the description of the Municipal Services herein is sufficiently informative to allow taxpayers within the proposed District, including the Future Annexation Area, to understand what the funds of the District may be used to finance. The Services Administrative Expenses expected to be incurred include the costs of planning the Municipal Services, the costs of forming the District, the cost of levying and collecting a special tax within the proposed District, and the cost of administration.
SECTION 6. Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained 1 5
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4 in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for the Municipal Services and the Services Administrative Expenses. Notwithstanding the foregoing, the District shall not record a special tax lien on property within the Future Annexation Area until the owner or owners of the parcel or parcels thereof have given their unanimous approval of the parcel’s or parcels’ annexation to the District. The Rate and Method and manner of collection of the special taxes are described in detail in Exhibit C, which is attached hereto and incorporated herein by this reference. Exhibit C allows each landowner within the District to estimate the maximum amount that may be levied against each parcel.
The special taxes for Municipal Services may be increased based on the Consumer Price Index (as defined in the Rate and Method) to the extent permitted in the Rate and Method.
The special tax for Municipal Services may be levied for such period as the Municipal Services are needed, as further described in Exhibit C hereto, provided that under no circumstances will such special tax be increased with respect to residential property as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%).
The special taxes are based on the expected demand for Municipal Services that the development of each parcel of real property within the proposed District will place on the City. The City Council hereby determines that the proposed Municipal Services are necessary to meet the increased demands and needs placed upon the City to provide such services as a result of development within the boundaries of the District. The City Council hereby determines the Rate and Method set forth in Exhibit C to be reasonable.
The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act, and such special taxes are not on or based upon the value or ownership of real property.
SECTION 7. Public Hearing. A public hearing (the “Hearing”) will be held by the City Council to consider the formation of proposed Community Facilities District No. 2024-01 and the proposed Rate and Method of the special taxes needed to finance the Services and the Services Administrative Expenses. The Hearing shall be held on November 19, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers at 14343 Civic Drive, Victorville, California. Should the City Council determine the District should be formed, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District (excluding the Future Annexation Area) at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District.
Ballots for the special election may be distributed to the landowners by mail or by personal service.
At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the boundaries of proposed Community Facilities District No. 2024-01, may appear and be heard. 1 5
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4 SECTION 8. Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.
SECTION 9. Report. Each City officer who is or will be responsible for administering the proposed Community Facilities District No. 2024-01, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council containing: (1) a brief description of services by type which will in the officer’s opinion be required to adequately meet the needs of the District; (2) the officer’s estimate of the cost of providing those services; and (3) the officer’s estimate of the fair and reasonable cost of the Services Administrative Expenses to be incurred. Such report(s) shall be available for inspection by the public and shall be made a part of the record of the Hearing to be held pursuant to Section 7 hereof.
SECTION 10. Advance of Funds. The District may accept advances of funds or work-in- kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2024-01. The District may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
SECTION 11. Notice. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2024-01. The City Clerk is further directed to mail a copy of the Notice to each landowner within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
SECTION 12. Effective Date. This Resolution shall be effective upon its adoption.
SECTION 13. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
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4 Exhibit A
PROPOSED BOUNDARIES
COMMUNITY FACILITIES DISTRICT NO. 2024-01 OF THE CITY OF VICTORVILLE (MUNICIPAL SERVICES)
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Exhibit B
TYPES OF SERVICES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 2024-01 OF THE CITY OF VICTORVILLE (MUNICIPAL SERVICES) The services which may be funded with proceeds of the special tax of CFD No. 2024-01, as provided by Section 53313 of the Act, include the following (collectively, the “Services”):
I. Operations, maintenance and lighting of parks, parkways, sidewalks, signage, landscaping in public areas, easements or right of way and open space; II. flood and storm protection services;
III. the operation of storm drainage systems;
IV. maintenance of streets and roadways, traffic signals and street lighting; V. graffiti and debris removal from public improvements; VI. public safety services including police, fire protection, fire suppression and code enforcement;
VII. operation of library and recreation programs;
VIII. operation of future museums and cultural facilities; and IX. maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Victorville.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the CFD Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2024-01.
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4 Exhibit C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES) OF THE CITY OF
VICTORVILLE
The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Tax A and Special Tax B of Community Facilities District No. 2024-01 (Municipal Services) of the City of Victorville (CFD No. 2024-01). A Special Tax A and Special Tax B shall be levied on and collected in CFD No. 2024-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All real property within CFD No. 2024-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A.DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter
2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2024-01 including, but not limited to: the costs of computing Special Tax A and Special Tax B and preparing the annual collection schedules (whether by the City or designee thereof or both) for Special Tax A and Special Tax B; the costs to the City, CFD No. 2024-01, or any designee thereof associated with fulfilling the CFD No. 2024-01 disclosure requirements; the costs associated with responding to public inquiries regarding Special Tax A and Special Tax B; the costs of the City, CFD No. 2024-01 or any designee thereof related to an appeal of Special Tax A or Special Tax B; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-01 for any other administrative purposes of CFD No. 2024-01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Victorville, or his or her designee. “Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included 1 5
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4 in a Final Map that was recorded prior to the January 1st of preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied, and (ii) that have not been issued a building permit on or before June 1st preceding the Fiscal Year in which the Special Taxes are to be levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Boundary Map” means a recorded map of the CFD No. 2024-01 which indicates the boundaries of CFD No. 2024-01.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2024-01” means the City of Victorville Community Facilities District No. 2024-01 (Municipal Services).
“City” has the meaning set forth in the preamble.
“City Council” means the City Council of the City of Victorville, acting as the legislative body of CFD No. 2024-01, or its designee.
“Commercial Property” means all Assessor’s Parcels of Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
retail commercial, service commercial, and office commercial activities, as well as large-scale planned shopping districts serving the local and regional area and population, “big box” retailers, motels/hotels, and public assembly uses, or for any other uses that are consistent with commercial land use designation as determined by the City or Administrator. “Consumer Price Index” or “CPI” means the index published monthly by the U.S.
Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside-San Bernardino-Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario area. “Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Taxes are to be levied, and (ii) for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied.
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4 “Exempt Property” means all Assessors’ Parcels designated as being exempt from Special Tax A or Special Tax B as provided for in Section K.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code Section 4285 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Heavy Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for intense industrial activities, such as manufacturing, materials processing, and any related industrial activities that generate significant impacts such as excessive noise, dust, and other nuisances or for any other uses that are consistent with heavy industrial use designation of the Land Use Element of the General Plan as determined by the City or Administrator. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of May 1 preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied. “Light Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for industrial, service-commercial, and related uses including warehousing/distribution, research and development, assembly and light manufacturing, repair facilities, and supporting retail uses either located in industrial and/or business parks or in mixed industrial/business park use areas or for any other uses that are consistent with light industrial use designation of the Land Use Element of the General Plan as determined by the City or Administrator. The main feature of industrial activities in this category is that they do not require any significant site or structure requirements that are so specialized that would limit future use of the structures and/or site by another industrial activity. “Maintenance Services” means the services permitted under the Act and the formation proceedings with respect to CFD No. 2024-01 including, but not limited to, operations, maintenance and lighting of parks, parkways, sidewalks, signage, landscaping in public areas, easements or right of way and open space; flood and storm protection services; the operation of storm drainage systems; maintenance of streets and roadways, traffic signals and street lighting; graffiti and debris removal from public improvements; operation of library and recreation programs; operation of future museums and cultural facilities; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Victorville within the boundaries of CFD No. 2024-01 and the City.
“Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any given Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor’s Parcel of Taxable Property, the maximum amount of Special Tax B, determined in accordance with Section F that can be 1 5
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4 levied in any given Fiscal Year on such Assessor’s Parcel. “Multifamily Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Mixed-Use 1 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: mixed use, stand-alone commercial, and stand-alone residential with a density of 1 to 15 dwelling units per acre for residential and a FAR of 0.5 for non-residential, or for any other uses that are consistent with a Mixed-Use 1 land use designation of the Land Use Element of the General Plan as determined by the City or Administrator. “Mixed-Use 2 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: mixed use, stand-alone commercial, and stand-alone residential with a density of 15.1 to 30 dwelling units per acre for residential and a FAR of 1.0 for non-residential, or for any other uses that are consistent with a Mixed-Use 2 land use designation of the Land Use Element of the General Plan as determined by the City or Administrator “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Other Non-Residential Property” means an Assessor’s Parcel of Non-Residential Property that is not classified as Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property or Heavy Industrial Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax Levy A or Special Tax Levy B per acre to the Maximum Special Tax A or Maximum Special Tax B per acre is the same for all Parcels of Undeveloped Property.
“Public Institution Property” means all Assessor’s Parcels of Residential or Non- Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: land uses and activities that are predominately used for public purposes or owned or operated by a public entity. Activities within this category include city and county buildings, public and private schools, colleges, and public utilities and city yards, or for any other uses that are consistent with a Public Institution Property land use designation of the Land Use Element of the General Plan as determined by the City or Administrator.
“Public Safety Services" means the services permitted under the Act including, without limitation, police, fire, and code enforcement services and protections, ambulance, and paramedic services provided within the boundaries of CFD No. 2024-01 and the City. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been 1 5
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4 or may be issued for purposes of constructing one or more Residential Units. “Residential Unit” or "R/U" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
"Special Tax(es)" means, individually and collectively, Special Tax A and Special Tax B authorized to be levied within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement and the Special Tax B Requirement.
“Special Tax A” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax B” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax B Requirement. "Special Tax A Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Public Safety Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Public Safety Services, (ii) amount necessary to fund an operating reserve for the costs of Public Safety Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Public Safety Services. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. "Special Tax B Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Maintenance Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Maintenance Services, (ii) amount necessary to fund an operating reserve for the costs of Maintenance Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Maintenance Services. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. "Taxable Property" means all Assessor’s Parcels within CFD No. 2024-01, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax B rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax B.
Appendix A identifies the Tax Zone in CFD No. 2024-01 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
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4 “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B.ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2025-26, each Assessor’s Parcel within CFD No. 2024-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Single Family Residential Property, Multifamily Residential Property, Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property, Heavy Industrial Property or Other Non-Residential Property.
C.MAXIMUM SPECIAL TAX A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Land Use Category Rate
Single Family Residential Property $525.35 per Taxable Unit Multifamily Residential Property $394.00 per Taxable Unit Commercial Property $0.058 per BSF
Mixed-Use 1 Property $0.049 per BSF
Mixed-Use 2 Property $0.040 per BSF
Public Institution Property $0.012 per BSF
Light Industrial Property $0.029 per BSF
Heavy Industrial Property $0.012 per BSF
Other Non-Residential Property $0.042 per BSF
(ii) Increase in the Maximum Special Tax
On July 1 of each year, commencing July 1, 2026, the Maximum Special Tax A for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year or (ii) five percent (5%). b. Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Types located on that Assessor’s Parcel.
c. Approved Property
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4 No Special Tax A shall be levied on Approved Property. d. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
D.METHOD OF APPORTIONMENT OF THE SPECIAL TAX A
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City shall levy Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.
E.PREPAYMENT OF SPECIAL TAX A
Special Tax A cannot be prepaid.
F.MAXIMUM SPECIAL TAX B
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of Undeveloped Property zoned for development of single family attached or multifamily units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multifamily building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax B per Residential Unit identified for the Tract in Table 2 below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax B per Taxable Unit identified for the Tax Zone in Table 2 below or as included in Appendix A as each Annexation occurs.
a. Developed Property
(i) Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Taxable Property is shown in Table 2 is shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax for Fiscal Year 2025-2026 1 5
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4 within Tax Zone 1 is identified in Table 2 below:
TABLE 2
MAXIMUM SPECIAL TAX B RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential
Property
R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(ii) Increase in the Maximum Special Tax
On July 1 of each year, commencing on July 1, 2026, the Maximum Special Tax B for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%). (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B for each Assessor’s Parcel of Taxable Property is shown in Table 3 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL B TAX RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Approved 1 5
4 3
4 Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%). c. Undeveloped Property
The Maximum Special Tax B for each Assessor’s Parcel of Taxable Property is shown in Table 4 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special Tax
B
1 14525 Acre $1,311.46
(i) Increase in the Maximum Special Tax
On July 1 of each year, commencing on July 1, 2026 the Maximum Special Tax B for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
G.METHOD OF APPORTIONMENT OF SPECIAL TAX B
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City Council shall determine the Special Tax B Requirement and shall levy the Special Tax B on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B equals the Special Tax B Requirement. The Special Tax B shall be levied for each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps has been completed, the Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B for Undeveloped Property.
H.PREPAYMENT OF SPECIAL TAX B
Special Tax B cannot be prepaid.
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4 I.FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2024-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Maintenance Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate(s) for the Tax Zone when annexed and included in Appendix A.
J.TERMINATION OF SPECIAL TAX A AND SPECIAL TAX B
Special Tax A shall be levied as long as needed to meet the Special Tax A Requirement as determined at the sole discretion of the City Council. Special Tax B shall be levied as long as needed to meet the Special Tax B Requirement as determined at the sole discretion of the City Council.
K.EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2024-01, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
L.APPEALS
Any property owner claiming that the amount or application of the Special Tax A or the Special Tax B are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2024-01 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or the Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax A or Special Tax B on that Assessor’s Parcel in the subsequent Fiscal Year(s).
M.MANNER OF COLLECTION
The Special Tax A or Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2024-01 may collect the Special Tax A or Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.
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4 APPENDIX A
CITY OF VICTORVILLE
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF DEVELOPED
PROPERTY
Tax
Zone
Year
Include
d Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential
Property R/U $165.47
1 2025 14525 Non-Residential Property Acre $1,311.46
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF APPROVED PROPERTY Tax
Zone
Year
Include
d Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF UNDEVELOPED
PROPERTY
Tax
Zone
Year
Include
d Tract
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Acre $1,311.46
ESCALATION OF MAXIMUM SPECIAL TAX B
On July 1 of each year, commencing on July 1, 2026, the Maximum Special Tax B for Developed, Approved and Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: October 15, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
La Mesa / Nisqualli Interchange 404 Permit Compliance Mitigation Site Coordination - Amendment No. 5 to the Consultant / Professional Services Provider Agreement with WSP USA Inc.
Recommendation:
That the Honorable City Council approve Amendment No. 5 to the Consultant / Professional Services Provider Agreement with WSP USA Inc., to increase the compensation in the amount not to exceed $32,600.00 for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination.
Fiscal Impact:
This action will have a fiscal impact of $32,600.00, increasing the contract not to exceed amount from $190,876.00 to $223,476.00. An additional appropriation is not necessary; sufficient funds are in Road DIF, Fund 352 to cover the additional expense in this fiscal year. The budget account number, account description, and amount available in the budget are shown below.
Budget Account No. Account Description Account Description 3524500-52300-60005 Measure I/Nisqualli Contract Services $70,000.00 Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by further investing in a comprehensive and environmentally friendly maintenance plan for the segment of the Oro Grande Wash impacted by the Nisqualli Interchange Project.
Background:
The La Mesa Road / Nisqualli Road Interchange had ongoing environmental monitoring for three permits that were required by environmental resource agencies. The permits 3 8
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were required because the construction of the interchange had permanent wetland impacts in the Oro Grande Wash which runs through the interchange limits. The required permits are as follows: the US Army Corps of Engineers (USACOE) 404 Dredge and Fill permit; the Lahontan Regional Water Quality Control Board 401 Water Quality Certification permit; and the California Department of Fish and Wildlife (CDFW) 1602 Streambed Alteration permit. The City was required to set aside and preserve 6.12 acres of land with equivalent habitat to mitigate the removal of habitat in the wash due to the interchange construction. The land was set aside on four City-owned parcels adjacent to or in the Mojave River. The parcels are located about half of a mile east of Shay Road and approximately a quarter of a mile north of the Shay Road / Phantom East intersection.
Please refer to Attachment A, a map of the mitigation site.
The environmental permits require that the mitigation site be preserved in perpetuity as habitat area with a long-term management plan. It will be necessary to record a conservation easement over the 6.12 acres and contract with a qualified organization to maintain the site on a long-term basis. This organization will be responsible for ongoing removal of trash and invasive non-native plant species and environmental reporting to the three environmental permitting agencies.
On October 3, 2017, the City Council approved a Consultant / Professional Services Provider Agreement with WSP, USA Inc., (WSP) for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination in the amount not to exceed $26,960.00.
On June 18, 2019, the City Council approved a Consultant / Professional Services Provider Agreement with Rivers and Lands Conservancy (RLC) in the amount not to exceed $28,000.00. RLC will be the organization that is proposed to maintain the mitigation site for a long-term basis. The scope of the agreement included preparation of a baseline report on the environmental condition of the mitigation site and creating a long- term management plan.
On April 21, 2020, the City Council approved Amendment No. 1 to the agreement with WSP, in the amount not to exceed $26,960.00, increasing the compensation to $57,290.00. The amendment was required due to additional tasks needed to comply with the requirements of the three environmental permitting agencies.
On November 3, 2020, the City Council approved Amendment No. 2 to the agreement with WSP, in the amount not to exceed $57,290.00, increasing the compensation to $93,921.00. The amendment was required due to additional tasks needed to comply with the requirements of the three environmental permitting agencies.
On January 18, 2022, the City Council approved Amendment No. 3 to the agreement with WSP, in the amount not to exceed $42,659.00, increasing the compensation to $136,580.00. The amendment was also required due to additional tasks needed to comply with the requirements of the three environmental permitting agencies. 3 8
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On February 7, 2023, the City Council approved Amendment No. 4 to the agreement with WSP, in the amount not to exceed $54,296.00, increasing the compensation to $190,876.00. The amendment was also required due to additional tasks needed to comply with the requirement of the three environmental permitting agencies.
Discussion:
WSP is the third-party environmental impact mitigation coordinator for the City, between USACOE and RLC for the La Mesa / Nisqualli Interchange Project. WSP is assisting the City with the closeout of the environmental permits. Additional coordination is required to address comments and finalize the compliance measures with the permit requirements from the environmental resource agencies, in particular, USACOE and RLC. In summary, the additional coordination with RLC includes the following: finalization of the Endowment Agreement; Mitigation Services Agreement, Long-Term Management Plan, and the Conservation Easement. These agreements are the documents required to complete the City’s responsibilities and to close out the environmental permits for the interchange project. All these documents must be approved by the USACOE and CDFW before approval and execution. The estimated fee to complete the work is $32,600.00. It will be necessary to amend the agreement with WSP to increase the contract amount for the continued coordination efforts on behalf of the City, RLC, and USACOE.
Staff recommends that the Honorable City Council approve Amendment No. 5 to the Consultant / Professional Services Provider Agreement with WSP USA Inc., to increase the compensation in the amount not to exceed $32,600.00 for the La Mesa / Nisqualli Interchange Permit Compliance and Mitigation Site Coordination.
Staff is available for any questions Council may have.
Attachments: A. Location Map of Mitigation Site
B. Amendment No. 5
C. Original Agreement and Amendment Nos. 1 through 4
ATTACHMENT A
ATTACHMENT B
Consultant/Professional Services Provider Agreement/WSP USA INC./PROJECT ESC18-016/Amendment #5
AMENDMENT NUMBER: FIVE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE
AND
WSP USA INC.
FOR
LA MESA/NISQUALLI 404 PERMIT COMPLIANCE - PERMIT MODIFICATION AND
MITIGATION SITE COORDINATION,
PROJECT ESC18-016
THIS AMENDMENT (the "Amendment") is made and entered in to this _____ day of ___________, 2024 by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as "City"), and WSP USA Inc., a New York corporation, hereinafter referred to as "Consultant", City and Consultant are sometimes hereinafter referred to individually as a "Party" and collectively referred to as the "Parties."
Recitals
1. WHEREAS, the City has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the "Original Agreement") with the Consultant to provide Mesa/NisquaIIi 404 Permit Compliance — Permit Modification and Mitigation Site Coordination,
Project ESC18-016; and
2. WHEREAS, on or about June 3, 2020, Amendment One (1) was issued to the Original Agreement to amend Section 3, Compensation, cumulative not to exceed sum from $26,960.00 to $57,290.00; revise Sections 2 and 4, Proposal to include additional
services; and amend Section 6, Term of Agreement to expire December 31 , 2020; and
3. WHEREAS, on or about December 1, 2020, Amendment Two (2) to the Original Agreement
to amend Section 3., Compensation, to include an increase of $36,631.00 (as approved by City Council at their meeting held November 3, 2020), thereby
amending the total cumulative compensation from a not to exceed sum of $57,290
.00 to $93,921.00; and amend Section 6, Term of Agreement to expire June 30, 2021; and
4. WHEREAS, on or about March 9, 2022, Amendment Three (3) to the Original Agreement was approved to amend Section 3., Compensation, to include an increase of $42,659.00 for additional services, thereby amending the total cumulative compensation from a not to exceed sum of $93,921.00 to $136,580.00; and revise Sections 2 and 4, as well as the Proposal to include additional services; an
d amend Section 6, Term of Agreement to expire June 30, 2023; and Consultant/Professional Services Provider Agreement/WSP USA INC./PROJECT ESC18-016/Amendment #5
5. WHEREAS, on or about February 13, 2023, Amendment Four (4) was issued to the Original Agreement (as amended) to amend Section 3. thereof Compensation, to include an increas
e of $54,246.00 for additional services related to the permit requirements from the environmental resource agencies, specifically the U.S. Army Corps of
Engineers (USACOE) 404 Dredge and Fill permit; the Lahontan Regional Water Q
uality Control Board for Water Quality Certification Permit; and the California Department of
Fish and Wildlife (CDFW) 1602 Streambed Alteration Permit. The total cumulative compensation will increase from the not to exceed amount of $136,580.00 to $190,876.00, as app roved by the honorable City Council at their meeting held on February 7, 2023; and Section 6., Term of the Original Agreement was amended so that it expires on June 30, 2024; and
6. WHEREAS, it is the desire of the Parties to issue Amendment Five (5) to the Original Agreement t
o amend Section 3., Compensation to include an increase of $32,600.00 increasing the total cumulative not to exceed amount of $190,876.00 to $223,476.00;
and amend Section 6., Term of the Original Agreement to expire June 30, 2
025; and
7. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is her
eby acknowledged, the Parties are willing to amend the Original Agreement as stated below. Contra
ct Amendment
The Part
ies agree that the compensation provisions as set forth in the Original Agreement shall be amended as follows:
Section 3. — COMPENSATION — is amended as follows:
"The City shall pay to Consultant a cumulative sum not to ex ceed Two Hundred Twenty-three Thousand Four Hundred Seventy- Six and 00/100 dollars ($223,476.00) for faithful performance of the services to be rendered under this Agreement."
Section 6. - TERM OF AGREEMENT - is amended as follows:
"The City hereby amends the Term of the Agreement to expire on June 30, 2025 (the "Termination Date")."
Except
as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect. (SIGN
ATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/WSP USA INC./PROJECT ESC18-016/Amendment #5
IN WITNESS WHEREOF, the parties hereto have caused the amendment to the Agreement to be entered as of the dates written below.
PART
Y OF THE FIRST PART PARTY OF THE SECOND PART
THE CITY OF VICTORVILLE WSP USA INC.
By: By:
Elizabeth Becerra, A li H. Mir, ENV SP,
Mayor Senior Vice President,
Tr ansportation Business
Line s Leader
Dated: Dated:
AT
TEST
By:
Jennifer Thompson,
Ci
ty Clerk
Dated:
By:
Sandra Bostick,
R
isk Manager
Dated:
By:
Andre de Bortnowsky,
C
ity Attorney
Dated:
ATTACHMENT C
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: October 15, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Purchase of a Compressed Natural Gas Station Skid Replacement for the McArt Road CNG Station, Project JM24-098
Recommendation:
That the Honorable City Council award the purchase of a Compressed Natural Gas (CNG) Station Skid replacement for the McArt Road CNG Station, Project JM24-098, to Atlas Copco Compressors, LLC, for an amount not to exceed $259,895.10.
Fiscal Impact:
Approval of this purchase will have a fiscal impact of $259,895.10 for the acquisition of the Compressed Natural Gas (CNG) Skid replacement. Funds for this expenditure have been appropriated in the Alternative Fuels Fund 120, as budgeted in the FY 2024/25 Capital Improvement Project (CIP) budget under account code 1205302-55040-70736.
The budgeted amount for this project is $425,000.
If the City Council approves staff’s recommendation, there will be additional costs for installation since this procurement only covers the acquisition of the CNG Skid replacement. Atlas Copco Compressors, LLC (Atlas Copco) does not provide installation services, therefore a separate contractor will be required, with installation estimated to cost approximately $100,000. After acquiring the CNG Skid, we will work with Atlas Copco to develop a scope of work to assist with the installation process. Furthermore, there will be an additional fee of $12,000 for startup and training once the CNG Skid is installed.
Strategic Plan Goal:
This item aligns with Strategic Goal E, Invest in Infrastructure, which focuses on creating a healthy and livable community by maintaining the City’s assets through infrastructure investment and innovations. Replacing the CNG Skid will ensure the continued reliable operation of the McArt Road CNG station.
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Background:
The City of Victorville owns and operates two CNG fueling stations located at 16690 D Street and 14201 McArt Road. These stations have reliably served the community for over two decades, providing continuous fuel availability to the general public, commercial natural gas customers, and City vehicles. The CNG stations consist of a compressor skid (skid), power source, storage tanks, dispensers, and natural gas supply from Southwest Gas. The skid is a packaged unit consisting of a compressor, cooler, and electric motor, which is necessary for providing CNG, allowing for an inlet pressure of approximately 20 pounds per square inch (psi), and a dispensed pressure of approximately 4,000 psi.
At our CNG stations, the skid plays a pivotal role in ensuring our facilities’ smooth and safe operation. However, the skid at our McArt Road CNG station, while servicing us well over the years, is now displaying signs of wear and limitations (such as replacement part availability) that could potentially impact operations. A lack of a reliable skid could lead to a delay in operations, increased maintenance costs, and safety concerns. Failing to replace the McArt Road CNG station skid would directly affect our ability to reliably provide CNG fuel for our customers and City vehicles.
Discussion:
The McArt Road CNG station dispenses twice the amount of fuel compared to the D Street CNG station. In the event of a skid failure, the station may have to close, resulting in the City’s inability to meet existing customer demand.
On May 10th, 2024, in compliance with Victorville Municipal Code (VMC) §2.28.100, staff solicited bids for the McArt Road CNG Station Skid replacement. A Request for Quote (RFQ) from qualified contractors to furnish and deliver a CNG Skid for the McArt Road CNG station was distributed to ten (10) contractors via email, advertised in the Daily Press and San Bernardino Sun, and posted on the City of Victorville website. Proposal submittals were due on June 18th, 2024. The City received proposals from the following contractors in response to the solicitation:
Contractor Bid Amount
Atlas Copco Compressors, LLC (Rock Hill, SC) $259,895.10 JW Power Company (Addison, TX) $396,811.20
RLD Performance CNG (Temecula, CA) $431,083.28
EFS West (Valencia, CA) $437,565.00
Per VMC §2.28.100, the City Council has the authority to award a purchase to the best value bidder if the cost exceeds $125,000. In accordance with VMC §2.28.040, Atlas Copco Compressors, LLC was selected as the best value bidder based on their competitive price, compliance with project requirements, and the inclusion of a priority panel. Additionally, Atlas Copco provided a letter dated July 26, 2024 (Attachment B), confirming their bid amount and addressing critical aspects of the project, including compliance with delivery requirements and the inclusion of necessary equipment components. This letter further supports the proposal’s alignment with the City’s needs and demonstrates Atlas Copco’s commitment to the project. 3 7
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Accordingly, staff recommends awarding the purchase of a CNG Skid replacement for the McArt Road CNG Station to Atlas Copco Compressors, LLC, in an amount not to exceed $259,895.10.
Staff remains available for any questions the Council may have.
Attachments: A. Cost Proposals
B. Letter from Atlas Copco
ATTACHMENT A
Cost Proposals
Project:
ORDER TO PLACE PROPOSAL
City of Victorville
E2307267 Rev4 – BBR4-10715
Randy Smithwick
March 19, 2024
Atlas Copco Compressors, LLC Page 1/30
Dear City of Victorville,
Thank you for the opportunity t o present feasibility budget pri cing for your CNG project.
Our proposal has focused in line to the specifications for the packaged system while presenting solutions that are commercially practical. The design of our so lution places an emphasis on simplified customer tie- in, consistent performance and ongoing maintainability.
Proposal includes:
CNG Compressor – BBR4-107 15-1904501 154 (std)
Please do not hesitate to contact with any questions. Thank you again for your time and consideration. I look forward t o our continued discussions.
Kind Regards,
Randy Smithwick
Sales Manager, Atlas Copco GPP
Phone: 803-817-9449
[email protected]
Atlas Copco Compressors, LLC Page 2/30
Atlas Copco Proposal
Atlas Copco is a world leading provider of CNG refueling soluti ons with and experience of over 35 years in CNG compressor de velopment. Atlas Copco provid es complete solutions for refueling stations through i ts wide range of products acqui red through strategic acquisitions of companies like Intermech and Greenfield Compres sion. Our natural gas products and services include ele ctric and gas driven on-line c ompressor packages, mother - daughter station systems, meter ed and non-metered trailer fil ling dispensers, storage units and ancillary equipment as well as related aftermarket se rvices and spares.
1. Codes and Standards
The following codes / standa rds have been considered:
Electrical equipment: Class 1 Div. 2
Pressure vessels design code: ASME, U Stamp
Atlas Copco is certified accordin g to ISO9001, ISO 14001 and OHS AS18001 Compressor Block as per manufacturer standard.
2. Compressor Design and Performance
Electrical Voltage
Instrumentation 120 VAC ± 5% / 24 VDC
Frequency 60 Hz ± 2%
Execution Ex acc. Zone 1
Drive motor 3 Phase 460-480 VAC ± 5%
Motor Speed 1785 RPM
Frequency 60 Hz ± 2%
Execution Class 1 Div. 2
On Site Installation and Operating Conditions
Altitude: 1640ft. above sea level
Ambient temperature: min. 32 F, max. 104 F
Suction Gas temperature: min. 39 F, max. F 80
SG Gas taken Standard: 0.60
Application: Fast Fill or Slow Fill
Atlas Copco Compressors, LLC Page 3/30
Block Performance BBR 4-10715 4 Stage
Condition 1
Gas Temperature: 68°F
Ambient Temperature: 68°F
BBR4-10715-1785rpm-4500psiG Discharge Pressure
Suction
Pressure
(psig)
Suction
Pressure
(barg)
Capacity
(Nm3/h)
Capacity
(Sm3/h)
Capacity
(Scfm)
Shaft
Power
(KW)
Shaft
Power
(HP)
Motor
Rating
19 1.29 775 819 482 184 242
300HP
20 1.36 800 845 497 188 247
21 1.43 824 871 513 192 252
22 1.5 849 897 528 197 259
23 1.56 872 921 542 201 264
24 Need to use PRV
* Capacity Calculation +/-5% is based on 68°F ambient & 68°F gas temperature. The RH considered is 70% and site altitude as 500masl
Gas 0.6 SG
Note:
Capacity calculations are based on 0.60 SG and gas/ambient temp of 68F/68F & 1640 ft ASL with an accuracy of ±5%
Allowable percentage of H2S in Natural Gas should not exceed 10 ppm(V) **Please note: Due to the high HS 2 (34 PPM) Atlas Copco Compres sors can not offer our standard warranty of this unit.
Allowable percentage of H2O in Natural Gas should not exceed 50 mgH2O/std.m³
Atlas Copco Compressors, LLC Page 4/30
Package Summary BBR4-10715 4 Stage
Clarification/ Deviation Sheet
Sr. SUBJECT CLARIFICATION FROM ATLAS COPCO INDIA LIMITED 1 Scope of Supply ACIL scope of supply will be identical to past executed Probe Machine.
2 Guaranteed Flow
The flow of 482 SCFM will be provided on 19psiG at
68°F Gas Suction temperature & 68°F ambient
temperature with 70% RH & 1640ft. asl elevation.
3 Gas Composition Gas Composition of SG 0.6
4 Suction Gas Temperature Range S uction Gas Temperature is considered as 68°F 5 Ambient Temperature Range Ambient Temperature is considered as 68°F 6 H2S Percentage Allowable percentage of H2S in Natural Gas should not exceed 10 ppm(V)
7 H20 Percentage Allowable percentage of H2O in Natural Gas should not exceed 50 mgH2O/std.m³
8 Temperature Difference
Temperature Difference between ambient
temperature and gas temperature should not
exceed 10°C
9 Noise Level Noise level will be 75 dB +/- 3 dBA @ 1m distance from compressor package, in Free field condition.
10 Cables Power cable is in Customer Scope.
11 Vibration As there is no specified requirement on Vibration levels, Standard ACIL package will be provided.
12 Motors & panel Starter 250HP NEMA motor will be supplied, starter will be VFD. Motor will be 4P motor.
13 Pressure Vessels Pressure Vessels are provided with ASME with U- stamp
14 Coolers Coolers are prov ided ASME without U-stamp
15 Noise Dampening
As Atlas Copco Indian Standard machine which has
Rockwool in Canopy & as discussed same is
acceptable to USA customer.
16 Mass flow meters Suction, Discharge & Thermal Mass flow meters are not in ACIL scope as not required by customer.
17 Gas Detector Qty 1 of Gas detector will be provided in Compressor Package
18 Flame Detector & CO2 flooding
System
Flame Detector & CO2 flooding system is not in ACIL
scope.
19 Priority Panel Priority Panel is not in ACIL scope.
Atlas Copco Compressors, LLC Page 5/30
20 Suction Gas Filter
In order to have clean gas at compressor Inlet so
Suction Gas Filter of 5 micron to be installed at
upstream of the package to safeguard the block
internal parts. This is a standard practice we follow
for Indian package. This Filter is need to be installed by "Customer".
21 Process Control Platform
Schneideror Siemens make PLC will be supplied. The
control cum VFD starter panel will be placed in safe
area installation.
22 Package Footprint & Shipping
The Package footprint will be 3.5m X 2.5m X 3.5m
(LXBXH) approximately, so special shipment will be
required.
23 Submittals
There will not be any specific requirement of List of
makes, Quality assurance plan, documentation
submission, so no document approval cycle is
applicable.
24 Quality Assurance As there is no specific quality requirement, standard quality documentation will be provided.
Atlas Copco Compressors, LLC Page 6/30
3. BBR Compressor Features
This section focuses on the CNG Compressor details. It provides a detailed description of the design, engineering, fabrication, testing and scope of supp ly for CNG Compressor.
These compressors are the latest machines specially developed f or CNG applications and have unique features designed to give you the most optimum perf ormance.
Shown Indicative only without included enclosure
Compressor Features
Dynamically Balanced, BBR block 4 Stage
Horizontal, reciprocating type, min oil lubricated, fast fill Lowest oil consumptio n, 5 PPM GUARANTEE
Pressurized Crankcase up to 362 Psig ZERO leakage to atmosphere Inter cooling and after cooling (air cooler type) heat exchange rs eliminating water quality problems and extra installation
Blow down on Inlet with Pressure Indicator
Final filtration system up to 4-m icron filtration. Additional F ilter for < 5ppm
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Instrument panel mounted in stainless steel box showing all tem peratures and pressures on the skid and visibl e through the canopy sight glas s at all times Pressure relief valves on every stage discharge.
Integrated Blow Downs and vibrati on dampers (pulse vessels) wit h PLC controlled auto- draining condensates every 90 minutes.
Control Cabinet with complete Siemens PLC module.
Full tool kit for installation operation and commissioning Package and compressor marked as per customer requirements Crankshaft driven lubrication.
Non lubricated, flange bolted, Direct Drive coupling
Compact design.
Discharge Gas Temperature is max of 10 C (50 F) above ambient t emperature.
Compressor mounted on skid base with un-loaded start and auto-d rain Fin-fan heat exchangers never need Replacement.
**** GAS TIGHT CRANKCASE (No Fugitive Emissions):
One of the more unique advantages of all Atlas Copco CNG compre ssor packages is the gas tight, pressurized crankcase. This means there is no gas vented to atmosphere. Any gas leakage in the system is recuperated and directed back to the i nlet. Our competition does not utilize a pressurized crankcase, which means all gas leakag e into the crankcase must be vented to atmosphere.
Reciprocating compressors in the natural gas industry leak natu ral gas during normal operation. The highest volume of gas loss is associated with pi ston rod packing systems.
Packing systems are used to mai ntain a tight seal around the pi ston rod, preventing the gas compressed to high pressure in the compressor cylinder from lea king back into the crankcase, while allowing the rod to move freely.
All packing systems leak under normal conditions, the amount of which depends on cylinder pressure, fitting and a lignment of the packing parts, and amount of wear on the rings and rod shaft. As the syst em ages, leak rates will increa se from wear on the packing rings and piston rod.
Besides the safety and environme ntal impact of this leaked gas being vented to atmosphere, there is obviously s ignificant cost associated with this lost gas.
Again, Atlas Copco CNG compressors utilize a gas tight, pressur ized crankcase: NO natural gas is vented to atmosphere! NO lost costs or revenues and NO g reenhouse gas emissions from venting.
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4. Compressor Package Technical Specifications and Data Site condition
Ambient temperature °F 32 to 104
Frequency Hz 60 ± 2%
Voltage V 460-480± 5%
Installation TBD
Gas Type Natural Gas
Gas properties Sp .gravity 0.6
Operating suction pressure Psig 19
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Compressor Configuration
Model INTERMECH BBR-4 Stage
Drive 300HP Class1 Div 2, 4 POLE,
NEMA
Number of stages 4 Stage 2 throw
Cooling and lubrication Air cooled – force feed
Design condition
Ambient temp °F 68
Inlet gas temp °F 68
Inlet pressure Psi(g) 19
Outlet pressure Psi(g) 4500
Performance
Capacity (ea. Unit) SCFM 482
Motor output Hp 300
Gas temp. (outlet) °F Approx. 18 °F above ambient Tolerance on capacity and power consumption ± 5 %
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Compressor Heat Exchanger
Atlas Copco heat exchangers produ ce dense, cool gas ensuring sa fe filling of all storage cylinders and more standard cubi c meters filled into each vehic le or trailer. Air cooled heat exchangers are reliable and straightforward to maintain pr oviding trouble free running without the need for removal of water fouling or mainta ining water jackets, cooling towers or water pumps.
Shown Indicative only
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Compressor Safety Valve
Atlas Copco supplies safety relief valves on all stages of ever y compressor, ensuring the safe operation of the station. T he Pressure Relief Valves are “ State of the Art” in soft seat, high flow rate, pressure relieving devices. UV Stamp.
Shown Indicative only
Designed with Auto Seat Technology
Consistent Set Pressures allowing repeatable uses without repai r or resetting. Open, Close, Seat and Seal
Fully guided disk keeps the disk properly aligned, opening and closing, helping to reseat the valve.
Mechanical Stop prevents wear on parts and controls valve lift. Low rated and fully guided spring allows for more consistent se t pressures from pop to pop.
Pop Action relief allows valve to go to full lift at set pressu re. Helps with DOT regulated applications.
Non-rising stems allowing valves to be installed in small areas .
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Drive Motor
Design to Class 1 Div. 2 means t hat a flammable atmosphere is l ikely to occur in normal operation (more than 10 hours per year, but less than 1,000 hou rs per year) and thus all components must be Class 1. To ac hieve Class 1 there are severa l solutions but at Atlas Copco we have adopted to use Exd . This provides a fail-safe ass urance of safety as it does not rely on any sensors to ensur e gas is either purged or press urized out of the environment where a spark may form.
We are providing Explosion Proof motor for use in Class 1 Div. 2
Shown Indicative only
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Final Filtration System fo r Oil and Liquide Removal
Filtration protection to remove liquid aerosols
Oil is removed from the gas discharged from Atlas Copco package s by two means Inter-stage separators
Final finite filters on high pressure discharge line
Inter-stage Separators
Atlas Copco inter-stage separators clean the gas at every stage and are drained automatically to holding vessels e very 50 min according to the PLC program of the package. This ensures minimal oil ever reaches the final filtra tion system at the discharge. These separators als o serve the dual purpose of prov iding gas pulsation dampening.
Final Finite Filters on High Pressure Discharge Line:
Atlas Copco uses finite ‘Grade 4’ final filtration media in the filtration filter which removes 99.9% of liquid aerosols i n the 0.3 to .0.6 micron rang e. For most systems the Grade 4 coalescing media is reco mmended. However, to ensure the efficiency and reliability of the system Atlas C opco also adds a pre-coalescin g filter on all its packages which is required only if more t han 50ppm of oil or 25ppm of wa ter is present in the gas stream. Pre-coalescing involves twin stage filtration. A finite “J” series filter with Grade 10 media is used to remove the gross aerosols. Then a second “J ” Series filter with Grade 4 media is placed after the Grad e 10 filter to clean up the rem aining aerosols.
Type Pre-coalescing and coalescing
Media Grade 10μm (pre-coalescing) 4 μm (coalescing)
Flow Capacity > 2000 SCFM at 4500 psig
Filtration Level < 5ppm of water and oil vapors or aerosols Max Working Pressure 345bar (6000psi)
Coalescing filter housing (2 units supplied per package)
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Controls and Instrumentation
Instrumentation and metering panel is integrated on the compres sor package. It consists of:
Transmitters
Inlet pressure to the compressor
Inlet temperature to compressor
Discharge pressure each stage
Discharge temperature each stage
Lube oil temperature and pressure
Emergency stop button
Start and stop key
In addition, vibration switch an d lube oil switch are locally m ounted Gas detector
Motor Starter NEMA 4 Panel in a safe area consists of, Main isolating switch
Emergency stop push button
Power Meter for (KW, KVAR, Hz, etc.) (optional)
Hour meter
DOL for fan motor
Soft Starter for the Main Motor
ESD Emergency Stop
Manual Shutdown Switch PLC electronic controller Consisting of:
CPU- S7-1200
Input output modules
Intrinsically safe barriers
LCD Display panel – 10” inch screen
*Typical PLC Control will be as per PID. Please refer PID.
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Instruments
Pressure and temperature transmi tters/sensors, weatherproof con struction Instruments will be supply accordin g to EEx IIB T3/T4 in compli ance with Class 1 Div2.
Pressure gauge in Stainless Steel
Temperature gauge in Stainless Steel
Thermowell in Stainless Steel for temperature instruments Tubing, fitting and 2-way manifold valve (2 way + 1 manual drai n) for pressure gauge in Stainless Steel Output 4-20 mA
Functions of instruments: see P& I Diagram. Process connection: screw type Instruments according to Standard Manufacturer for Class 1 Div. 2 Pressure transmitters
Temperature transmitters
Differential pressure transmitters
Junction boxes
Solenoid valves
Cable glands
Instrument Vendor List
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Transmitter: Danfoss or Emerso n Rosemount or WIKA OR ABB Level switch: Emerson Rosemount a nd/or MAGNETROL or Equivalent Solenoid valve: Danfoss and /or Asco Jouco and/or M&M Pressure gauge: Bourdon and/or WIKA and/or Ashcroft/Midwest Temperature gauge: Bourdon and/or WIKA and/or Ashcroft Honeywell Gas Detection
Flammable, toxic and oxygen gas d etector for industrial applica tions comprehensive monitoring of flammable, toxic and O2 gas hazards in potentiall y explosive atmospheres, both indoors and outdoors. Users can modify detect or operation using the LCD and magnet switches witho ut ever needing to open the un it. This enables one- man, non-intrusive operation and reduces routine maintenance ti me and costs.
Features and Ratings
Compliant with UL, Class1 Div1, INMETRO, ATEX, IECEx, CSA, KTL, PA, GB and CCCF standards
IP66 as standard
Selectable sink or source 4-20mA output
5. Testing
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All Compressor packages and other related equipment are tested as per Atlas Copco test standards of 4 Hours to ensure that the guaranteed p arameters are verified
These tests consist of mechanica l running test and testing of m echanical and Electrical functionality
Standard performance test
Performance test at final pressu re with verification of contrac tually guaranteed data by means of flow measurement
6. Painting
Priming
o Basis Epoxy 2-component paint
o Coat thickness min. 40 micron
Topcoat outside surfaces
o Basis Polyurethane 2-component paint
o Coat thickness min. 40 micron
o Color shade, RAL 7030/7011 (stone grey)
o Lead Chromium and Cadminum Free
7. Documentations
Technical documentation
The technical documentation is p rovided in electronic format on ly. The supply includes following documents:
Instruction book consisting of,
GA drawing
P&ID
Installation guidelines
Electrical single line diagrams
Trouble shooting procedures
Part list Quality documentation
Standard ACIL Quality Assurance Plan will be provided.
Quality Assurance
Atlas Copco is offering ISO9001, 14000 accredited QA system for the equipment described above. Our standard quality plan includes a series of sub vendor audits, incoming inspections, in-process tests and hold- points to ensu re that the final product is defect-free.
8. Atlas Copco Scope / Customer Scope
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ACIL Scope
Sl No ACIL Scope
1 Mechanical Parts
Compressor Block BBR4-10715
2 Coolers (Local Fin tubes)- without U-stamp
3 Aux. Oil pump
Manifold for Aux Oil Pump
4 Baseframe
5 Fan Impeller
6 Fan Plenum
7 Fan cowl
8 Kit Vessels ASME with U-stamp
9 Kit Piping -ASME
11 Safety Valve ASME
13 Filter element
14 Kit Actuator
15 JB Junction Boxes
16 Canopy Canopy
17 Control Panel
Control Panel PLC base soft starter
Hooter
ESD
Flameproof lamps
18 Instruments
Instruments
18.1 Pressure Gauge
18.2 Pressure Tramsmiters
18.3 RTD
18.4 Gas detector Catalyst Type
18.5 Vibration switch - Murphy Make
18.6 Solenoid valve
18.7 Thermowell
19 Kit SS fittings Parker
Customer Scope
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1 Power Cabling
Power Cabling for main motor, from Control panel to CNG compressor
Power cabling from Fan Motor,Aux. pump motor,Heater -
From junction box to SAFE area control panel.
2 Tubing
Priority Panel to dispenser
Storage Cascade to Priority panel
Air compressor to actuators within Compressor Package if required
3 Cabling Cabling outside CNG package (Field cabling), a) JB to Main panel in control room, b) Power cabling, c) Heater Cabling 4 Piping
Following Piping in Customer Scope
1. Piping from Customer Inlet Gas Connection till Compressor Inlet Flange
2. Compressor Discharge Connection to Cascade/Dispenser Piping between Suction filter + PRV + Strainer & its
interconnecting piping to be done at site.
9. Exclusions
Sr No Description
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1 Utility Air Compressor + Dryer for utility Air
2 Utility Air Receiver for utility Air
3 Mobile Phone and Laptop for PLC communication
4 UPS for PLC
5 Suction PRS skid & its instrumentation
6 Co2 Flooding System
7 Tarpulin Cover
8 PRS INSTRUMENTS AND FITTINGS
9 Valves & Loose Valve
10 Fire Extinguisher
11 Flame Detector
12 6 Inch Inlet Valve
13 CNG Storage Cascade cylinders
14 Mass Flow meters-Suction Discharge & Vent Mass flow meter 15 Piping Cabling outside CNG Package
16 Tubing Outside CNG Package
17 a) Priority Panel to Cascade,
18 b) Priority Panel to Dispenser
19 c) Air compressor to CNG compressor
20 d) CNG compressor to CO2 system
21 e) CNG compressor to Priority Panel
22 Shipping (Freight Charges)
23 Cabling outside CNG package (Field cabling), a) JB to Main panel in control room, b) Power cabling
24 Portable Fire extinguishers
25 Civil work
26 Freight Charges
27 LD & any other penalty
28 Power cabling (for Main motor, Fan motor, lube oil motor & Heaters )
29 SCADA Software
30 Remote Monitoring
31 Field Cabling (Outside Package)
32 Erection & commissioning
33 Site Acceptance Test
34 Priority Panel
35 Storage Cascade
10. Remarks
Customer to include 3kVA UPS and not an undersized one at custo mer end Local rules and regulations of USA are not considered
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Other Notes to be noted during execution :
Any scope change apart from whatever is mentioned in this proposal shall lead to cost implication.
Delivery date is based on SDRL d ata and documents customer resp onse Documents are issued max 2 times for customer approval.
In case a document has to be issued more often and/or response time is exceeded, Atlas Copco will be r elieved from liquidated damag es for this period.
11. Atlas Copco After Market Support:
Atlas Copco as always is looking to exceed customer expectation in all areas of its business units, focus has always been orientated to customer ca re. Atlas Copco has recently made a number of investments, significantly the appoin tment of regional aftermarket Managers who are dedicated to your area, their remi t is ensuring that your requirements are met and offering the best Atlas Copco tot al responsibility packages.
12. Commissioning Contract COMM-1-
Scope
CNG Compressor. Commissioning of packages will be carried out a s per Atlas Copco standards subject to the completion of all the Pre commissionin g works, as per Atlas Copco’s check list.
Estimated Duration- 4/5 day per unit.
13. Commercial Offer
Basis of pricing is as follows:
Confirmation of site conditions m ust be made prior to order pla cement.
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EQUIPMENT Qty Unit (USD) TOTAL
USD
Compressor
10 BBR4-10715,4 Stage Electric compressor package for
pressure range of avg. flow of 482 SCFM @ 19 Psig @ 68°F, 300HP Class1 Div 2 Motor, 4 POLE and NEMA 4 Control
Panel Included for Safe Area
1 $238,984 $238,984
Grand Total (excluding VAT) USD 1 $238,984 $238,984
Startup & Project Documents Qty Unit (USD) TOTAL
USD
20 Startup & Training - after installation is complete & by others 1 $12,000 $12,000
OPTIONAL EQUIPMENT Qty Unit (USD) TOTAL
USD
30 NA
14. Payment & Delivery Conditions
Quote validity: 30 days
Installation: Not included unless otherwise noted
Warranty: See Standard Conditions of Sale
Payment terms: Progress Payments - 45 Days Net
Incoterms & location: FOB - US Port of Entry
Delivery: Compressors Ex Works India Factory: 23-25 wks. + Ship 5wks, ARO
DELIVERY MISC: Equipment will be delivered in our standard pack aging unless otherwise stated (off- loading and positioning to be done by others). Optional items m ay impact delivery. D elivery time can be confirmed upon acceptance of your order/final instructions to p roceed.
PLEASE NOTE: Delivery timing beg ins upon receipt and acceptance of confirming purchase order by Atlas Copco Compressors LLC. (Acceptance includes an agreement by bot h parties, in writing, on the final Terms and Conditions of Sale).
CREDIT APPROVAL:
This quotation is subject to Atl as Copco Conditions of Sale (at tached) and credit approval.
15. Standard Conditions of Sale
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GENERAL – Unless otherwise expre ssly agreed in writing by a dul y authorized representative of Atlas Copco these terms and conditions supersede all other c ommunications and agreements and notwithstanding any conflicting or different ter ms and conditions in any order or acceptance of Purchaser, all sales and shipments shall exclusively be governed by these terms and conditions. Whe n used herein “affiliates” shal l mean Atlas Copco AB and its wholly-owned subsidiaries. Sec tion headings are for purposes o f convenience only. “Products” as used herein shall include products, parts and acc essories furnished Purchaser by Atlas Copco. Orders shall be subject to acceptance at Atlas Copco Compressors LLC’s principal corporate offices in Rock Hill, South Carolina.
DELIVERY – Unless otherwise agreed in writing, Products manufac tured, assembled or warehoused in the continental Un ited States are delivered F.O.B . shipping point, and Products shipped from outside the continental United States are delivered F.O.B. point of entry. Where the scheduled deliv ery of Products is delayed by Purchaser or by reason of any of the contingencies referred to in Section 5. Atlas Copco may deliver such Products by moving it to storage for the account of and at the risk of Purc haser. Shipping dates are approximate and are based upon prompt receipt of all necessary information and approvals from Purchaser. Atlas Copco reserves the right to make deliver y installments.
SECURITY AND RISK OF LOSS - Upon request from Atlas Copco, Purc haser agrees to execute a security agreement covering the Products sold or other assets a nd to perform all acts which may be necessary to perfect and assure a security position of A tlas Copco. Notwithstanding any agreement with respect to de livery terms or payment of tran sportation charges, the risk of loss or damage shall pass to Purchaser and delivery shall be deemed to be complete upon delivery to a private or common carrier or upon moving into sto rage, whichever occurs first, at the point of shipment for Products assembled, manufactured o r warehoused in the continental United States or at the point of entry for Products shipped from outside the continental United States.
PAYMENT – If Purchaser fails to pay any invoice when due, Atlas Copco may defer deliveries under this or any other contract with Purchaser, except upon re ceipt of satisfactory security for or cash in payment of any such invoice.
A service charge of the lesser of 1% per month or the highest r ate permitted by applicable law shall be charged on all overdue accounts. Failure on the p art of Purchaser to pay invoices
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when due shall, at the option of Atlas Copco, constitute a defa ult in addition to all other remedies Atlas Copco may have u nder these conditions of sale or applicable law. If, in the judgment of Atlas Copco, the financial condition of Purchaser a t any time prior to delivery does not justify the terms of pa yment specified. Atlas Copco m ay require payment in advance or cancel any outstanding order, whereupon Atlas Copco shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Pur chaser, payment shall become due on the date Atlas Copco is p repared to make delivery. Shou ld manufacture be delayed by Purchaser, pro rata payments shall become due if and to the ext ent required at Atlas Copco by its contracts with the manufacturer. All installment delive ries shall be separately invoiced and paid for without regard to subsequent deliveries. Delays i n delivery or non-conformities in any installment shall not re lieve Purchaser of its obligatio ns to accept any pay for remaining installments.
FORCE MAJEURE – Atlas Copco sha ll not be liable for loss, damag e, detention, or delay, nor be deemed to be in default from causes beyond its reasonable contr ol including but not limited to acts of God, fire, storm, strike or other concerted action o f workmen, act or omission of any governmental authority or of Purchaser, compliance with imp ort or export regulations, insurrection or riot, embargo, qu arantine, epidemic, pandemic, delays or shortages in transportation, or inability to obtain necessary engineering ta lent, labor, materials, or manufacturing facilities from usu al sources. In the event of d elay due to any such cause, the date of delivery will be postponed by such length of time as ma y be reasonably necessary to make up for such delay.
NEW PRODUCT WARRANTY – Atlas Copco warrants to the Purchaser th at all stationary compressors, portable compressors , compressed air dyers, Atlas Copco-designed compressor parts and other Products manufac tured by Atlas Copco and affili ates shall be free of defects in design, material and workmanship for a period of fifteen (15 ) months from date of shipment to Purchaser, or twelve (12) months from date of initi al start-up, whichever occurs first, except as set forth below or in the New Products Warrant y attached hereto.
Should any failure to conform with this warranty appear prior to or after shipment of the Product to Purchaser during the specified periods under normal and proper use and provided the Product has been properly st ored, installed, handled and ma intained by the Purchaser, Atlas Copco shall, if given prompt notice by Purchaser, repair or replace, the non-conforming Product or authorize repair or replacement by the Purchaser at Atlas Copco’s expense.
Replaced Products become the property of Atlas Copco.
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Atlas Copco warrants Products or parts thereof repaired or repl aced pursuant to the above warranty under normal and proper u se, storage, handling, instal lation, and maintenance, against defects in design, workmanship and material for a perio d of thirty (30) days from date of start-up of such repaired or replaced Products or parts ther eof or the expiration of the original Product warranty, whichever is longer.
When the nature of the defect i s such that it is appropriate i n the judgment of Atlas Copco to do so, repairs will be made at the site of the Product. Repair or replacement under applicable warranty shall be made at no charge for replacement parts, F.O. B. Atlas Copco Warehouse, warranty labor, serviceman transportation and living costs, whe n work is performed during normal working hours (8 a.m. to 4:30 p.m. Monday through Friday , exclusive of holidays).
Labor performed at other times w ill be billed at the overtime r ate then prevailing for services of Atlas Copco personnel.
The Atlas Copco warranty does n ot extend to Products not manuf actured by Atlas Copco or affiliates. As to such Products , Purchaser shall be entitled to proceed only upon the terms of that particular manufacturer’s warranty. The Atlas Copco warra nty does not apply to defects in material provided by Purchaser or to design stipulated by Pu rchaser.
Used Products, Products not manufactured by Atlas Copco or affi liates and Products excluded from the above warranties are sold AS IS with no representation or warranty, and ALL WARRANTTIES OF QUALITY, WRITTEN, ORAL, OR IMPLIED, other than m ay be expressly agreed to by Atlas Copco in writ ing, INCLUDING WITHOUT LIMITATI ON WARRANTIES OF MERCHANTIABILITY OR FITNESS, ARE HEREBY DISCLAIMED.
Any services performed by Atlas Copco in connection with the s ale, installation, servicing or repair of a Product are warranted to be performed in a workmanl ike manner. If any nonconformity with this warrant y appears within 45 days after t he services are performed, the exclusive obligation of Atlas Copco shall be to re-perform the services the services in a conforming manner.
THE FOREGOING WARRANTIES ARE EXC LUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF
QUALITY, WRITTEN, ORAL OR IMPLI ED, AND ALL OTHER WARRANTIES, IN CLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCH ANTABILITY OR FITNESS ARE HEREB Y DISCLAIMED.
Correction of nonconformities as provided above shall be Purcha ser’s exclusive remedy and shall constitute fulfillment of all liabilities of Atlas Copco (including any liability for direct, indirect, special, incidental or consequential damage) whether in warranty, strict liability, contract, tort, negligence, or o therwise with respect to the qu ality of or any defect in Products or associated services delivered or performed hereunde r.
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LIMITATION OF LIABILIT Y – IN NO EVENT SHALL ATLAS COPCO BE LIAB LE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUE NTIAL DAMAGES, however arising, whether in warranty, strict liability, contract, tort, negligence or otherwise, incl uding but not limited to loss of profits or revenue, loss of total or partial use of the Product s or facilities or services, downtime cost, or claims of the Purchaser for such or other dam ages whether on account of Products furnished hereunder or d elays in delivery thereof or s ervices performed upon or with respect to such Products. A tlas Copco’s liability on any claim whether in warranty, strict liability, contract, tort, negligence or otherwise for any los s or damage arising out of, connected with, or resulting from this contract or the performa nce or breach thereof, or from the design, manufacture, sale, de livery, resale, repair, replac ement, installation, technical direction of installation, inspec tion, servicing, operation or use of any Product covered by or furnished under this contract sh all in no case (except as provi ded in the section entitled “Patent Indemnity”) exceed the p urchase price allocable to the Product or Part thereof which gives rise to the claim.
All causes of action against Atlas Copco arising out of or rel ating to this contract or the performance hereof shall expire unless brought within one year of time of accrual thereof.
PRICES – Prices to the Purchaser shall be the Atlas Copco list price in effect at time of order.
Atlas Copco may, upon thirty (30) days prior written notice to Purchaser, change prices, or other terms of sale affecting th e Products, by issuing new pric e schedules, bulletins or other notices.
This contract applies to new Pr oducts only. Purchases of used equipment shall be on terms to be agreed upon at time of sale to Purchaser.
This price does not include any Federal, state or local propert y, license, privilege, sales, service use, excise, value adde d, gross receipts, or other like taxes which may now or hereafter by applicable to, measu red by or imposed upon or with respect to this transaction, the property, its purchase, sale, replacement, value, or use, o r any services performed in connection therewith. Purchaser agrees to pay or reimburse Atl as Copco, its subcontractors or suppliers any such taxes, whic h Atlas Copco, its subcontract ors or suppliers are required to pay or collect or which are requi red to be withheld by Purchase r.
The price shall also be subject to adjustment in accordance wit h the published Price Adjustment Clauses, which price adjustment information shall su persede the terms of this Section 8, where inconsistent herewith.
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INFORMATION FURNISHED PURCHASER – Any design, manufacturing dra wings or other information or materials submitte d to the Purchaser and not int ended for dissemination by Purchaser remain the exclusive property of Atlas Copco and may not, without its consent, be copied or communicated to a third party.
PATENT INDEMNITY – For purposes o nly of this Section 10, where used, the designation “Atlas Copco” shall be deemed to mean Atlas Copco North America Inc. and its subsidiaries.
Atlas Copco shall at its own expense defend any suits or procee dings brought against purchaser insofar as based on an allegation that Products furni shed hereunder constitute an infringement of any claim of any patent of the United States of America, other than a claim covering a process performed by said Products or a product prod uced by said Product, provided that such Products are manufactured by Atlas Copco, ar e not supplied according to Purchaser’s detailed design, ar e used as sold by Atlas Copco. Purchaser shall have made all payments then due hereunder, and Atlas Copco is notified prompt ly in writing and given authority, information and assistance for the defense of said s uite or proceeding; and Atlas Copco shall pay all damages and c osts awarded in any suit or pr oceeding so defended, provided that his indemnity shall not extend to any infringemen t based upon the combination of said Products or any portion thereof with other Products or things not furnished hereunder unless Atlas Copco is a contributory infringer. Atlas Copco sh all not be responsible for any settlement of such suit or proceeding made without its written consent. If in any suit or proceeding defended hereunder any Product is held to constitute infringement, and its use is enjoined, Atlas Copco shall, at i ts option and its own expense, either replace said Products with non-infringing Products; or modify them so that they becom e non-infringing; or remove them and refund the purchase price and the transportation costs thereof. THE FOREGOING
STATES THE ENTIRE LIABILITY OF A TLAS COPCO AND AFFILIATES WITH RESPECT TO PATENT INFRINGEMENT.
To the extent that said Products o r any portion thereof are sup plied according to Purchaser’s detailed design or instructions, or modified by Purchaser, or c ombined by Purchaser with equipment or things not furnishe d hereunder, except to the exte nt that Atlas Copco is a contributory infringer, or are us ed by Purchaser to perform a p rocess, or produce a product, and by reason of said design, instructions, modification, combi nation, performance or production, a suit or proceeding is brought against Atlas Copco , Purchaser agrees to indemnify Atlas Copco in the manner and to the extent Atlas Cop co indemnities Purchaser in this Section 10 insofar as the terms hereof are appropriate.
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ASSIGNMENT – Any assignment of this contract or any rights here under, without prior written consent of Atlas Copco by a duly authorized representative ther eof shall be void.
TERMINATION – Any order or contr act may be cancelled by Purchas er only upon payment of reasonable charges (including an allowance for profit) based up on costs and expenses incurred, and commitments made by Atlas Copco.
PARTIAL INVALIDITY – If any provi sion herein or portion thereof shall for any reason be held invalid or unenforceable, such invalidity or enforceability sha ll not affect any other provision or portion thereof, but these conditions shall be construed as if such invalid or unenforceable provision or portion thereof had never been contained therein.
REMEDIES – The remedies expressl y provided for in these conditi ons shall be in addition to any other remedies, which Atla s Copco may have under the Unifor m Commercial Code or other applicable law.
SMARTLINK: The equipment may include a data monitoring service called SMARTLINK. The data received by Atlas Copco may be used by Atlas Copco and cer tain third party distributors and contractors for the purpose o f increasing overall customer service. Atlas Copco will use commercially reasonable efforts to ensure that Purchaser’s data is kept confidential.
Purchaser acknowledges that the use of the SMARTLINK is provide d “as is”, that use of the service is entirely at Purchaser’s risk, and that Atlas Copco m ay discontinue the SMARTLINK service at any time. Purchaser m ay request discontinuance of t he SMARTLINK service at any time.
NOTE: Sale of the equipment or services described or referred to herein at the price indicated is expressly conditioned upon the terms and condition s set forth on the front and back of this page. Any confirmat ory action by the Purchaser he reunder, or any acceptance of such equipment of services, shall constitute assent to said ter ms and conditions. Any additional or different terms or conditions set forth in the Pu rchaser’s order or other communications are objected to b y Seller and shall not be effec tive or binding unless assented to in writing by an aut horized representative of Selle r.
Atlas Copco Compressors, LLC Page 29/3 0
Payment Terms
Unless expressly agreed to in writing on a specific contract or order, our standard payment terms are:
For orders under $100,000 the payment terms shall be Net 30 day s from date of shipment.
For orders over $100,000 or with lead times greater than six mo nths the following terms shall apply:
1. Domestic Shipments
A. 30% of order value 30 Days from date of customer’s purchase order.
B. 30% of order value after passage of 1/3 of the time from dat e of customer’s order to the originally scheduled shipment date.
C. 30% of order value after passage of 2/3 of the time from dat e of customer’s order to the originally scheduled shipment date.
D. 10% of order value, net 30 days from date of shipment.
In those cases where progress p ayments are required, all work o n the order will cease if payment is not received in accordance with the payment schedule .
2. Export Shipments
All export shipments are subject to purchaser arranging for an irrevocable letter of credit in favor of Atlas Copco Compressor s LLC, from a recognized America n bank.
Should the order fall in a category that requires progress paym ents, the letter of credit shall be arranged to release payment in accordance with the agreed pa yment schedule.
3. Payment Retention
Payment retention will not be allo wed. An irrevocable bank lett er of credit will be furnished at Atlas Copco’s expense in lieu of retention.
4. Credit Approval
All terms are subject to credit approval by Atlas Copco Compres sors LLC.
Cancellation schedule
Atlas Copco Compressors, LLC Page 30/3 0
Definitions:
Standard Stocked Equipment - equipment as shown in the current catalog and available for shipment from the US Distribution Center.
Standard Non-Stocked Equipment - equipment as shown in the curr ent catalog but not currently stocked at the US Distribution Center.
Engineered Equipment - equipment requiring customized features not shown in the current catalog.
Orders for Standard Stocked Equipment
* 20% of equipment price
Orders for Standard Non-Stocked Equipment
A) Prior to release for manufacturing:
* 20% of equipment price
B) After production has started:
* 40% of equipment price
C) After production has been completed:
* 60% of equipment price
Orders for Engineered Equipment
A) Prior to release for manufacturing:
* 20% of the purchase price
B) After production has started
* 40% of the base compressor price
* 40% of optional equipment of purchased materials will be char ged C) After production has completed
* 60% of the base compressor price
* 100% of optional equipment
ATTACHMENT B
Letter from Atlas Copco
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: October 15, 2024
Submitted By:
C. Eric Ray, Airport Director
Subject:
Runway 17/35 Reconstruction - Phase V, Project #CC24-126 Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1) Ratify the acceptance of Grant Agreement #3-06-0359-033-2024 (“Grant 33”) between the United States of America acting through the Federal Aviation Administration and the Southern California Logistics Airport Authority (“SCLAA”) in the amount of $3,432,622 in support of the Runway 17/35 Reconstruction - Phase V Project #CC24-126; and
(2) Adopt Resolution No. SCLAA 24-006 increasing budgeted grant revenues by $3,432,622, and increasing budgeted grant expenditures by $3,432,622, and increasing budgeted grant match expenditures by $381,402.44, and increasing budgeted Airport Operations expenses of $1,099,872.37; and (3) Approve the award of a Construction Contract to Pave-Tech Inc. in the amount not to exceed $4,933,549.27 for Runway 17/35 Reconstruction - Phase V, Project #CC24-126 (“Project”).
Fiscal Impact:
Grant 33 increases grant revenue by $3,432,622 and grant expenditures by $3,432,622, requiring additional revenue and expenditure appropriations in the 457 Grants Fund. An appropriation of $381,402.44 is needed from the Airport Operations Fund 450 to comply with the matching requirements for Grant 33. Airport Operations cash reserves are sufficient to fulfill the Grant 33 match requirement. Federal Aviation Administration (“FAA”) Grant 3-06-0359-032-2023 (“Grant 32”), previously ratified in 2023 and currently budgeted, has remaining funds of $184,125.51, of which approximately $17,687.21 is anticipated to be spent on the construction portion of the Project, with an anticipated SCLAA match of $1,965.25 out of the budgeted amount of $28,784.49. FAA restrictions regarding the use of the Grant 32 funds prevent staff from utilizing the full Grant 32 budget amount for the construction portion of the project.
5 7
0 The contract price of $4,933,549.27, less awarded Grant 33 funds of $3,432,622, the SCLAA Grant 33 match of $381,402.44, less Grant 32 funds of $17,687.21, less SCLAA Grant 32 match of $1,965.25, results in a shortfall of $1,099,872.37. This shortfall will be covered by the requested budget amendment to Airport Operations funds. Grant and Airport Operations funds are hereby being appropriated for the Project as outlined below:
Funding Source Account Current Budget FY 2025
Grant 32 Federal Share Remaining 4571301A-55320-95125 $184,125.51 Grant 32 Remaining Budgeted Match 4501301A-55320-95125 $28,784.49 Revised Budget FY 2025
Grant 33 Federal Share Available 4571301A-55320-95144 $3,432,622 Grant 33 Match Available 4501301A-55320-95144 $381,402.44 Airport Operations 4500125-55320-95144 $1,099,872.37
Grand Total $5,126,806.61
Original Budget
Revenue Expense
Fund 457 FAA Grant 33 $0 $0
Fund 450 FAA Grant 33 Match $0 $0
Fund 450 Airport Operations $0 $0
Revised Budget
Revenue Expense
Fund 457 FAA Grant 33 $3,432,622 $3,432,622
Fund 450 FAA Grant 33 Match $0 $381,402.44
Fund 450 Airport Operations $0 $1,099,872.37
To offset the Airport Operations Fund 450 expenditure of $1,099,872.37 that staff is requesting, staff anticipates the receipt of additional FAA funds currently allocated to the SCLAA as part of the 2022 Federal Bipartisan Infrastructure Law (“BIL Funds”), totaling $881,000, with no SCLA match required, to be received by the SCLAA as Grant #34 prior to December 31, 2024. The SCLAA has been informed by the FAA that additional BIL Funds of approximately $290,000 are expected to be available before December 31, 2024, which can be added to Grant #34. The current and additional BIL Funds available to the SCLAA total approximately $1,171,000 ($881,000 + $290,000), which will negate the use of $1,099,872.37 of Airport Operations funds. Staff will bring Grant #34 to the Board of Directors for ratification as soon as the grant is offered. In the unlikely event that Grant #34 does not materialize, the proposed budget amendment will allow the SCLAA to have sufficient budget in Airport Operations fund 450 to cover the shortfall.
SCLAA cash reserves are more than adequate to cover the proposed budget amendment, whilst maintaining sufficient reserves to cover emergencies. Should Grant #34 not materialize, the total project cash outlay from the SCLAA would be $1,483,240.06 (Airport Operations $1,099,872.37, Grant 33 Match $381,402.44, Grant 32 Match $1,965.25), or roughly 30% of the total project cost. The following chart outlines the expected full funding plan for the Project.
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0 Description Amount
Pave-Tech Construction Contract Amount ($4,933,549.27)
Grant 33 Federal Share (Fund 457) $3,432,622
Grant 33 Match (Fund 450) $384,402.44
Grant 32 Federal Share (Fund 457) $17,687.21
Grant 32 Match (Fund 450) $1,965.25
Total Shortfall before BIL Funds ($1,099,872.37)
FAA Budgeted BIL Funds – Grant 34 $881,000
Additional Anticipated BIL Funds – Grant 34 $290,000
Surplus after BIL Funds $71,127.63
Strategic Plan Goal:
Goal E. Invest in Infrastructure. This Project invests in airfield infrastructure.
Background:
The Southern California Logistics Airport (“SCLA”) airfield consists of two commercial- length runways and nine taxiways. The main runway, Runway 17/35, consists of aged asphalt and newer concrete pavement sections. The asphalt sections have been of particular concern for Airport users since asphalt rutting, pitting, cracking, and breaking are major safety concerns as these conditions create foreign object debris that collect on the runway and taxiways, becoming major hazards to aircraft. Several asphalt sections have been replaced with concrete pavement in phases over the last few years as FAA funding has become available. This Project will continue the asphalt reconstruction efforts on Runway 17/35 to improve the runway pavement and overall safety for aircraft operations. Ancillary to the runway pavement reconstruction, the runway shoulders will also be reconstructed, which are also exhibiting signs of distress.
In addition to the reconstruction of Runway 17/35, other airfield pavement areas are in need of rehabilitation. To improve overall safety for Airport tenants and their operations, concrete reconstruction work will occur on portions of a taxilane located in the southeastern section of the Airport which provides access from several large aircraft hangars to the airfield. The concrete pavement in this area has experienced recent accelerated deterioration, consisting of shattered slabs, crack fault, and extreme spalling, made worse by significant daily temperature swings and above-average precipitation.
Multiple tenants utilize this taxilane, thus it is imperative that this reconstruction work is completed.
In conjunction with the work performed on Runway 17/35 and a taxilane, the airfield stormwater drainage system will also undergo improvements. The stormwater drainage system for the southeastern portion of the Airport follows the natural topographic slope of the land, which drains water to the west through pipes under Runway 17/35 and then proceeds north to exit the airport on the far northwest corner. Currently, the drainage system is sufficient for light to moderate rainfall common to our region. However, periodic intense winter and summer storms have exposed areas where water accumulates and cannot expeditiously drain away from the aircraft movement areas. Future growth and 5 7
0 development of buildings, taxiways, and parking aprons on the southeast portions of SCLA will exacerbate the condition. An adequate stormwater drainage system is critical to prevent ponding and erosion near the runways and taxiways. Should a heavy sustained downpour occur, the current drainage system could become overwhelmed and allow water to erode portions of the runway or taxiway, which would have to be repaired immediately at significant expense.
Staff worked with a qualified engineering firm to proactively identify a solution to accommodate the expected future drainage needs of the southeastern portion of the Airport. Staff and consulting engineers deemed it fiscally prudent and wise to improve the drainage system while that portion of the Runway is being replaced. These pipes will be installed near the intersection of Runway 17/35 and 3/21 and will provide additional capacity to the existing drainage system.
Ancillary to the installation of the new storm drainage pipes, reconstruction of the Runway 3 blast pad, totaling approximately 88,000 square feet, will take place after new drainage pipes are installed underneath the blast pad location. A blast pad is a pavement surface located on the runway ends that is designed to protect against soil erosion from the intense thrust that jet engines produce while preparing for takeoff. The Runway 3 blast pad has experienced rapid deterioration and is out of compliance with current FAA design standards. The blast pad will be removed and replaced to FAA standards as part of the Project.
The SCLAA receives grant funds from the FAA for improvement and maintenance of the airport via the FAA Airport Improvement Program. FAA grant funding is intended to ensure that the SCLAA will continue to provide a safe and operable airfield for use by the flying public. Typically, FAA grants require that the SCLAA fund ten percent (10%) of each project, referred to as “matching” funds. Matching funds are provided via the Airport Operations Fund. Participation in the FAA Airport Improvement Program requires the SCLAA to submit and update an annual Airport Capital Improvement Plan (“ACIP”) that includes all capital improvement projects planned five years into the future. Qualified projects listed on the ACIP are assigned grant-funding priority by the FAA. The FAA then determines whether the project reflected in the grant application is necessary, eligible, and properly prioritized. If the project meets these criteria, the FAA approves the grant application and awaits the release of funds from their headquarters.
Discussion:
In accordance with City of Victorville Municipal Code §2.28.210, which outlines the formal bidding procedures for Public Works contracts in excess of $500,000, to procure the services of a construction firm capable of completing the Project, Staff conducted a competitive bid solicitation for the purpose of procuring a construction contractor to perform the work contemplated in the Project. The Notice Inviting Bids was published on July 08, 2024, on the City website and in two newspapers. Airport staff called and emailed all known local airfield contractors to alert them to the solicitation. A job walk was held prior to the bid submission due date that was attended by representatives from three companies. Two of those firms submitted bids at the bid opening on August 14, 2024, 5 7
0 with Pave-Tech Inc., (“Pave-Tech”) offering the lowest priced responsive bid. All responsive bids are summarized as follows:
Staff carefully reviewed the bids and required documentation submitted by each bidder before determining that Pave-Tech, Inc., was responsive to the bid solicitation and the lowest priced bidder in accordance with the City of Victorville Municipal Code §2.28.040.
Projects funded wholly or in part by the FAA require that a Disadvantaged Business Enterprise (“DBE”) participation goal be established as part of the Project, which was 14%. Both bidders responded with impressive DBE Good Faith Efforts, with staff calculating that Pave-Tech reached a DBE bid total of 11.50% out of the 14% goal, which represents much-improved DBE participation when compared to several previous runway projects that recorded DBE participation around 7%. A total of 7 separate DBE firms are scheduled as subcontractors for the Project.
FAA grant applications are generally submitted when funds are available as determined by the FAA and awarded shortly thereafter. Awarded grants often require a short acceptance period of 3 business days, hence awards of FAA grants are typically presented for ratification rather than advance approval. Additionally, FAA grants are awarded after the SCLAA annual budget receives SCLAA Board approval; therefore, a request for additional appropriations generally accompanies the request for ratification.
Grant 33 is typical in that the grant offer was received with a short acceptance deadline; far too short a deadline to present for prior SCLAA Board approval. Failure to rapidly accept the grant offer from the FAA jeopardizes losing the funds to another airport.
Additionally, separate SCLAA Board authorization will be required to approve and fund the construction management contract pertaining to this project. Staff anticipates that action occurring simultaneously with the ratification of Grant #34.
For the reasons presented herein, and with the concurrence of the FAA as the primary funding agency, staff recommends that the Board of Directors: (1) ratify the acceptance of FAA Grant Agreement #3-06-0359-033-2024 in the amount of $3,432,622 and (2) adopt Resolution No. SCLAA 24-006 increasing Grant Revenues by $3,432,622, increasing the corresponding Grant Expenditures by $3,432,622, allocate the required Grant 33 match from Airport Operations Fund 450 in the amount of $381,402.44, increase Fund 450 Airport Operations funds in the amount of $1,099,872.37, and (3) approve the award of a Construction Contract to Pave-Tech Inc., for the Runway 17/35 Reconstruction – Phase V, Project #CC24-126, in the amount not to exceed $4,933,549.27.
Staff remains available for any questions or comments you may have.
CER/see
Company: Bid Amount:
Pave-Tech, Inc., Carlsbad, CA $4,933,549.27
Miller Equipment Company Inc., Lancaster, CA $6,441,561.40 5 7
0 Attachments: A. Site Map
B. Grant #3-06-0359-033-2024
C. Resolution No. SCLAA 24-006
D. Construction Contract
E. Pave-Tech Inc. Bid Sheets
F. Municipal Code 2.28.210
G. Municipal Code 2.28.040
ATTACHMENT A
Site Map
Copyright nearmap 2015, MaxarRunway 17/35 Reconstruction - Phase V Project Locations
ATTACHMENT B
Grant #3-06-0359-033-2024
3-06-0359-033-2024
1 U.S. Department of Transportation Federal Aviation Administration Airports Division Western-Pacific Region California Los Angeles Airports District Office: 777 S Aviation Blvd, Ste 150 El Segundo, CA 90245 {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Mr. Eric Ray Southern California Logistics Airport Authority 18374 Phantom West Victorville, CA 92394 Dear Eric Ray: The Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0359-033-2024 at Southern California Logistics Airport 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 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. will automatically receive an email notification. 4. On the same day or after attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 12, 2024. 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 expenses consistent with project progress.
3-06-0359-033-2024
2 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 31st of 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 3-06-0359-033-2024
3 U.S. Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) FY 2024 AIP GRANT AGREEMENT Part I - Offer Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Southern California Logistics Airport Airport Infrastructure Grant Number 3-06-0359-033-2024 Unique Entity Identifier SB1RGMJ5U1M7 TO: Southern California Int'l Airport Authority(City of Victorville) (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 May 01, 2024, 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 which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018
3-06-0359-033-2024
4 (Public Law Number (P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; 2022, interpreted and applied consistent with the FAA Reauthorization Act of 2024 per Reauthorization the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (90) % 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 $3,432,622. 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): $0 for planning $3,432,622 for airport development or noise program implementation; and, $0 for land acquisition. The source of this Grant includes funding from the Small Airport Fund, in accordance with 49 U.S.C. § 47116. 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. 3-06-0359-033-2024
5 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. 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. be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the 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, 49 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. 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 September 12, 2024, 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 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 3-06-0359-033-2024
6 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 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 AIP 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 also 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 amendmenMaximum 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. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, 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. 3-06-0359-033-2024
7 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 goods 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 America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 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: 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: 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 49 U.S.C. § 47110, 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. PUBLIC 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 ata 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. 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management Exclusions in 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. 3-06-0359-033-2024
8 b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. 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: 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. Posting of contact information. 1. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. b. Provisions applicable to a recipient that is a private entity. 1. employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; ii. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or iii. Use forced labor in the performance of the Grant or any subgrants under this Grant. 2. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity i. Is determined to have violated a prohibition in paragraph (b) of this Grant Condition; or ii. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (b) of this Grant Condition through conduct that is either 3-06-0359-033-2024
9 a) Associated with performance under this Grant; or b) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR ur agency at 2 CFR Part 1200. c. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a private entity 1. Is determined to have violated an applicable prohibition in paragraph (b) of this Grant Condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated an applicable prohibition in paragraph (b) of this Grant 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 Guidelines to Agencies on Governmentwide Debarment and Suspension mplemented by our agency at 2 CFR Part 1200. d. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (b) of this Grant Condition. 2. Our right to terminate unilaterally that is described in paragraph (b) or (c) of this Grant Condition: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended [22 U.S.C. § 7104(g)], and ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant. 3. You must include the requirements of paragraph (b) of this Grant Condition in any subgrant you make to a private entity. e. Definitions. For purposes of this Grant Condition: 1. i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3-06-0359-033-2024
10 3. i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR § 175.25. ii. Includes: a) A nonprofit organization, including any nonprofit institute of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 175.25(b). b) A for-profit organization. 4. meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 23. AIP 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. 24. . August 14, 2024, 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; 3-06-0359-033-2024
11 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. b. Investigation of Complaints. 1. 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. 2. 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. 3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the are established under 41 U.S.C. § 4712(b). c. Remedy and Enforcement Authority. 1. 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. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)(1)] and 2 CFR § 200.216. 27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in their project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities. This may include, as applicable, providing a current Title VI Program Plan and a Community Participation Plan (alternatively may be called a Public Participation Plan) to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is also required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin (including limited English proficiency), sex (including sexual orientation and gender identity), creed, age, disability, genetic information, or environmental justice in consideration for federal financial assistance. The Sponsor, who has not sufficiently demonstrated the conditions of compliance with civil rights requirements 3-06-0359-033-2024
12 may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on May 2022. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at https://www.congress.gov/bill/118th-congress/house-bill/3935/text. SPECIAL CONDITIONS 30. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the system in accordance with applicable FAA standards. 31. Project Containing Paving Work in Excess of $500,000. The Sponsor agrees to: a. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; 3. Procedures for determining that the testing laboratories meet the requirements of the ASTM International standards on laboratory evaluation referenced in the contract specifications (i.e., ASTM D 3666, ASTM C 1077); 4. Qualifications of engineering supervision and construction inspection personnel; 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. 3-06-0359-033-2024
13 b. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed and highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out-of-tolerance material. Submit interim test and quality assurance reports when requested by the FAA. c. Failure to provide a complete report as described above, or failure to perform such tests, will, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the Grant Agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that Sponsor test results are inaccurate. 32. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring 33. Leaded Fuel. FAA Reauthorization Act of 2024 (P.L. 118-requires airports that made 100-octane low lead aviation gasoline (100LL) available, any time during calendar year 2022, to not prohibit or restrict the sale, or self-fueling, of such aviation gasoline. This requirement remains until the earlier of 2030, or the date on which the airport or any retail fuel seller at the airport makes available an FAA-authorized unleaded aviation gasoline replacement for 100LL meeting either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline as deemed appropriate by the Administrator. The Sponsor understands and agrees, that any violations are subject to civil penalties. 3-06-0359-033-2024
14 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 Agreem 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) {{N_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. 3-06-0359-033-2024
15 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 Int'l Airport Authority(City of Victorville) (Name of Sponsor) {{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} By: {{N_es_:signer2:fullname }} Title: {{*Ttl_es_:signer2:title }} 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. 3-06-0359-033-2024
16 I, {{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 execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); 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.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} 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. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 1 of 18 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 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. 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. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 2 of 18 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.1 c. 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, 2 f. 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.1 h. 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.1 u. Copeland Anti-kickback Act 18 U.S.C. § 874.1 v. 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 3 of 18 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 (P.L. 109-282, as amended by section 6202 of P.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 ORDERS a. Executive Order 11246 Equal Employment Opportunity1 b. 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 Workers k. Executive Order 14008 Tackling the Climate Crisis at Home and Abroad FEDERAL REGULATIONS a. 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, 5 c. 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 4 of 18 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.1 k. 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).1 l. 41 CFR Part 60 Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 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) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 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. 4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 5 of 18 SPECIFIC ASSURANCES Specific 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 6 of 18 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 Sec. 136 of Public Law 112-95 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. 3-06-0359-033-2024
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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-Management. 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 8 of 18 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. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 9 of 18 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 pilots 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. 3-06-0359-033-2024
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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. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 11 of 18 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 12 of 18 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 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. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107. 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 13 of 18
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. 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. 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 14 of 18 which are not in conformity with the airport layout plan as approved by the Secretary and 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 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) 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 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 15 of 18 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: 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 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. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 16 of 18 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; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. 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; 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- 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 17 of 18 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., 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 Improvement Program 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 AIP projects as of May 01, 2024. 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. 3-06-0359-033-2024
Airport Sponsors Assurances 5/2022 Page 18 of 18
37. Disadvantaged Business Enterprises. The sponsor 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, 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 sDBE 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 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.
ATTACHMENT C
ResoluƟon No. SCLAA 24-006
RESOLUTION NO. SCLAA 24-006
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA
LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2024-2025
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority (“SCLAA”) did heretofore submit to the Board of Directors an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2024-2025; and
WHEREAS, copies of said budget were prepared and distributed to the SCLAA Board of Directors, approved by the SCLAA Board of Directors prior to June 30, 2024, and have been available for the inspection by the public in the office of the Authority Secretary of the SCLAA; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the SCLAA Board of Directors 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 SCLAA 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 2024-2025 for the SCLAA 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-43120-95144 Grant 33 Revenue $3,432,622
4571301A-55320-95144 Grant 33 Expense $3,432,622
4501301A-55320-95144 Grant 33 Matching Expense $381,402.44 4500125-55320-95144 Airport Operations Expense $1,099,872.37
SECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the Southern California Logistics Airport Authority and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by SCLAA, City departments, offices and subsidiary districts of the City.
ATTACHMENT D
ConstrucƟon Contract
1 Construction Contract/Pave-Tech Inc./Project CC24-126
CONSTRUCTION CONTRACT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
PAVE-TECH INC.
FOR
RUNWAY 17/35 RECONSTRUCTION PHASE V
PROJECT NUMBER: CC24-126
THIS CONSTRUCTION CONTRACT (“Contract”) is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “ SCLAA”, and Pave-Tech Inc. a California corporation hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, RUNWAY 17/35 at the Southern California Logistics Airport requires RECONSTRUCTION (the “Project”); and
WHEREAS, on July 8, 2024, the SCLAA issued a Notice Inviting Bids to contractors for the Project. In response, Contractor submitted a Bid Proposal which the SCLAA determined to be the lowest responsive bidder; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience , expertise and resources to perform the work and other obligations encompassed by this Contract; and
WHEREAS, a t its meetin g held on ___________, the SCLAA Board of Directors duly accepted Contractor’s Bid Proposal for the Project and directed that a written contract for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid Proposal, the SCLAA desires to retain Contractor to perform the construction work as set forth herein and in the Contract Documents for Project Runway 17/35 Phase V.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference.
Section 2. CONTRACT DOCUMENTS; PRIORITY
a. This Contract consists of the following documents (the “Contract Documents”), all of which are made part of this Contract and are listed in order of precedence below. If there is a conflict between the component parts of the Contract Documents, the document highest in precedence in the list below controls, except that in the event of a discrepancy between any documents 2 Construction Contract/Pave-Tech Inc./Project CC24-126
prepared by the Contractor (including without limitation, the Bid Proposal Price Schedules submitted to SCLAA by Contractor and attached hereto as Exhibit “B”), and those prepared by the SCLAA, the SCLAA-prepared documents take precedence over and shall control with respect to the resolution of the discrepancy, and nothing set forth in Exhibit “B” or other portions of Contractor’s Bid Proposal shall be deemed to supersede any of the provisions of this Construction Contract:
1. Change Orders and/or Supplemental Agreements approved by the SCLAA and the Federal Aviation Administration (FAA) and approved revisions to Plans & Specifications;
2. Permits from other agencies as may be required by law;
3. This Contract and its Exhibits “A” through “C” (subject to the limitations of Section 2.a)
4. Bid Addenda issued by the SCLAA;
5. Notice Inviting Bids;
6. Instructions to Bidders;
7. Federal and State Requirements;
8. FAA General Provisions;
9. SCLAA General Provisions;
10. Technical Specifications Special Requirements Modified FAA A/C 150/5370-10H (including Appendices);
11. Project Plans (detailed plans shall have precedence over general plans);
12. Required Bid Documents and Proposal Forms;
13. Required Bid Documents and Proposal (including Price Schedules ) completed by Contractor and submitted to SCLAA, subject to the limitations in Sections 2 and 7.a of this Contract);
14. Faithful Performance Bond;
15. Payment Bond;
16. Guaranty;
17. Bidder’s Bond;
18. State of California, Department of Transportation, Standard Specifications.
b. The above-listed Contract Documents are complementary; what is called for in one is binding as if called for by all. To the extent that portions of the Contract Documents are not attached to this Contract, they shall be deemed incorporated herein by this reference.
Section 3. CONTRACTOR’S OBLIGATIONS FOR CONSTRUCTION WORK
Contractor shall perform or cause to be performed the work required to complete Phase V of the Project as specifically set forth in the Contract Documents. Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefor, as provided in the Contract Documents.
Section 4. TIME OF COMPLETION
a. Contract Time. Contractor shall complete the work for Phase V within ONE HUNDRED TWENTY (120) CALENDAR DAYS of the date specified in SCLAA’s Notice to Proceed.
b. Liquidated damages. If Contractor fails to complete the work for Phase V within the Contract Time period as specified above, including any approved extensions thereto, Contractor shall pay to the SCLAA, as liquidated damages and not as a penalty, the sum specified in the Contract Documents for each calendar day in excess of the Contract Time periods specified herein that the work remains incomplete.
3 Construction Contract/Pave-Tech Inc./Project CC24-126
c. Adjustments to Contract Time. The Contract Time period for Phase V as specified in this Section 4 may only be adjusted for time extensions approved by the SCLAA and the FAA and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents.
d. Time of the Essence. Time is of the essence in the performance of this Contract.
Section 5. COMPENSATION TO CONTRACTOR; MANNER OF PAYMENT
a. Subject to the provisions of Section 3 of this Contract and Section XVII of the Instructions to Bidders, CONTRACTOR agrees to accept the following as compensation for satisfactory completion of the work in accordance with the Contract Documents a total amount not to exceed Four Million Nine Hundred Thirty-three Thousand Five Hundred Forty-nine and 27/100 Dollars ($4,933,549.27), (the “Contract Amount”). See Exhibit “B”, Bid Proposal Price Schedules.
b. The Contract Amount shall be full compensation to Contractor for: furnishing all tools, labor, materials and equipment; doing all the work contemplated and embraced in this Contract and the Contract Documents; all loss or damage arising out of the nature of the aforesaid work, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA; all risks of every description connected with the work; all expenses incurred by or in consequence of the suspension or discontinuance of work; and well and faithfully completing the whole work thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, as set forth therein.
c. Subject to any adjustments for quantities or alterations of work authorized by the SCLAA as provided for in the Contract Documents, including without limitation the provisions of Paragraph XVI I of the Instructions to Bidders relating to FAA funding constraints, payments to Contractor shall be made in the manner set forth in Section XXXIV of the Instructions to Bidders.
d. Payments to Contractor in excess of the Contract Amount shall only be made pursuant to such written Change Orders and/or Supplemental Agreements issued by the SCLAA in accordance with the Contract Documents and Section 21 of this Contract.
Section 6. TERMINATION, SUSPENSION AND DEFAULT
Any violation or breach of terms of this Contract by Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of SCLAA pursuant to this Contract. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
Section 7. PREVAILING WAGES
a. State – In accordance with the provisions of California Labor Code Sections 1720, 1770-1776, 1810, 1813, and 1815, as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the 4 Construction Contract/Pave-Tech Inc./Project CC24-126
standards set forth in Labor Code Section 1773 for the locality in which the Work is to be performed.
It shall be mandatory upon the Contractor to whom the Work is awarded and upon any subcontractor under the Contractor to pay not less than said specified rates to all workers employed by them in the execution of the Work and shall post a copy of said wage rates at the project site.
b. Federal – The general Federal prevailing rate of wages, as determined by the Secretary of Labor are included in Section B of the Contract Documents (General Federal Wage Decision); provided, that if there is any difference between the State or Federal wage rate for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates.
c. Payment of State Wages Required when Higher. Payment of State prevailing wage rates, when higher than Federal rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort.
The SCLAA is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage rates shall apply to and be paid by all Contractors and subcontractors performing work on this Project.
AB219 (as applicable) adds Section 1720.9 to the Labor Code the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency and subdivision of the state Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services.
Effective September 1, 2020, ready -mix concrete companies will be required to submit payroll online to DIR using its electronic certified payroll reporting system . Please note that this
requirement applies only to the certified payroll records required by section 1776(a) of the Labor Code. The separate written time records certified by ready-mix drivers do not need to be uploaded into the electronic certified payroll report system and are only required to be submitted to the Labor Commissioner’s Office upon request.
Assembly Bill 219 governs concrete delivery on public works projects and became effective on July 1, 2016. The amendments added new section 1720.9 to the Labor Code, which provides:
• A company hauling or delivering ready-mix concrete for a public works contract shall:
o Register as a public works contractor.
o Submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the company and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties.
• Nothing in section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
The Contractor and all subcontractors shall comply with all Federal and State laws, regulations, and guidelines required in the performance of the contract. Copies of the updated Wage Determination rates are available to any interested party, by visiting www.wdol.gov for
Federal and www.dir.ca.gov for State of California. Additionally, copies of the State prevailing rate 5 Construction Contract/Pave-Tech Inc./Project CC24-126
of per diem wages and Federal wage determination rates are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request.
Revisions to the General Federal Wage Decision shall be identified by the issuance of addenda, and the final Contract between the SCLAA and the contractor will physically include the applicable General Federal Wage Decision as revised by addenda, if any such addenda have been issued. Both t he prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this contract a wage not less than the highest wage applicable for their work classification, as specified in the Federal General Wage Decision that can be downloaded from http://www.access.gpo.gov/davisbacon/
.
Contractor is responsible for using the correct wage decision. An error on the part of any awarding body does not relieve the contractor from the responsibility for payment of the correct prevailing wage and penalties, pursuant to the provisions and sections of Labor Code (1770-1776).
In accordance with Section XIII of the Instructions to Bidders and applicable Federal regulations, the General Federal Wage Decision that is in effect on the date of the bid opening, as long as the Contract is awarded within 90 days of said date, locks in that Federal Wage Decision for the entire duration of the Project. If the contract is not awarded within such 90-day period, the date of the award of the Contract would be the date used in determining the applicable Federal Wage Decision.
NOTE: A CERTIF IED PAYROLL from the Contractor and subcontractors must be submitted weekly to the SCLAA. Payment of invoice(s) may be delayed when certified payrolls are not current.
Section 8. W ORKERS’ COMPENSATION INSURANCE
a. Contractor shall procure and maintain, at its own expense, during the Term of this Contract, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law and as further specified in the Contract Documents. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.
b. In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 9. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished by Contractor under this Contract unless and until a Notice to Proceed for the Project has been given to the Contractor by the SCLAA. Contractor shall commence work for Phase V pursuant to the Contract Documents as directed by the SCLAA in the applicable Notice to Proceed and shall diligently execute the same to completion within the Contract Time period set forth herein.
6 Construction Contract/Pave-Tech Inc./Project CC24-126
Section 10. COMPLIANCE WITH LAWS
a. Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor , its employees, officers, board members, agents, independent contractors, and subcontractors.
b. Contractor shall also comply with the Disadvantaged Business Enterprise (DBE) Contract Provisions attached hereto as Exhibit “C” and such other requirements as are set forth in the Contract Documents, the SCLAA’s DBE Program, and 49 CFR Part 26 relating to DBEs.
c. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 11. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
The Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors.
Minimum Scope of Insurance and Limits
Contractor warrants that Contractor has obtained all insurance required under this contract. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the subcontractor has been obtained. Contractor shall maintain at all times during the life of this contract the following policies of insurance:
a. Workers’ Compensation Insurance
Coverage A – Statutory benefits and
Coverage B – Employer’s Liability Insurance providing a minimum coverage for:
Each Accident: $1,000,000
Each Employee: $1,000,000
Policy Limit: $1,000,000
In addition, coverage must include a Waiver of Subrogation Endorsement in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA.
b. Comprehensive General Liability
The limits of liability shall not be less than:
Type Contractor Subcontractors
Each Occurrence Limit $5,000,000 $2,000,000
Personal Advertising Injury Limit $5,000,000 $2,000,000 Products/Completed Operations
Aggregate
Limit
$10,000,000 $2,000,000
7 Construction Contract/Pave-Tech Inc./Project CC24-126
General Aggregate Limit
(Other than Products/Completed
Operations)
$10,000,000 $2,000,000
Coverage is required to be on an Occurrence form and shall apply to bodily injury and property damage for operations (including subsidence, explosion, collapse and underground coverage), independent contractors, products and completed operations. Limits can be provided by a combination of a primary Commercial General Liability policy and Excess or Umbrella Liability policy.
Including coverage for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents, and independent contractors.
CGL (Comprehensive General Liability) coverage shall include an Endorsement CG 20 10 11 85, or an equivalent Additional Insured endorsement form, or form(s) that provide the Additional lnsured(s) with both general liability "Ongoing Operations" and "Completed Operations" coverage. Similar forms that can be used and issued together are CG 20 10 10 01 & CG 20 37 07 04. Additional Insured endorsements must specifically name SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA, and other parties as required by SCLAA as Additional Insureds as required by the written contract.
CGL (Comprehensive General Liability) coverage shall include an Endorsement stating: "Such coverage as is afforded by this policy for the benefit of the additional insured(s) is primary and any other coverage maintained by such additional insured(s) shall be non- contributing with the coverage provided under this policy."
CGL coverage shall include a "Per Location Aggregate Endorsement" and be attached to the Certificate.
CGL Coverage should include a General Liability Waiver of Subrogation in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA.
• Contractor and all of their Subcontractors performing work on the project shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Complete Operations coverage for itself and each additional insured for at least three (3) years after completion of the Work.
c. Umbrella/Excess Insurance
• Umbrella/Excess coverage must include as insureds all entities that are additional insureds on the CGL.
8 Construction Contract/Pave-Tech Inc./Project CC24-126
• Umbrella/Excess coverage for such additional insureds shall apply as primary before any other insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL. Auto Liability and Employers Liability coverages maintained by the Subcontractor.
d. Automobile Liability Insurance
The limits of liability shall not be less than:
Each Accident: $1,000,000
• Contractor, and all subcontractors shall procure and maintain, at its own expense, during the Term of this Agreement, Commercial Vehicle Liability Insurance covering person injury and property damage, of not less than One Million Dollars ($1,000,000.00) combined single limit, including, but not limited to owned autos, hired or non -owned autos, covering any vehicle utilized by Contractor, subcontractor, or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Contract. SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA shall be included as insureds on the auto policy. Coverage should include or be outlined in the policy form an Auto Liability Waiver of Subrogation provision in favor of SCLAA, the City of Victorville, its officers, officials, employees, agents or volunteers, and all other parties required of SCLAA and other parties as required by SCLAA shall be included as insureds on the auto policy.
Notice of Cancellation
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to SCLAA. In the case of non- payment, ten (10) days advance written notice shall be given.
Acceptability of Insurers
Insurance is to be placed with insurers that have a current A.M. Best's rating of no less than A: VII.
Verification of Coverage
Contractor shall furnish SCLAA with the original Certificates and all endorsements, and waiver of subrogation. These forms must be attached to the Certificates of Insurance outlining coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and waivers are to be received and approved by SCLAA before work commences. As an alternative to SCLAA, and at the approval of the Risk Manager; the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Deductibles and Self-Insured Retentions
9 Construction Contract/Pave-Tech Inc./Project CC24-126
Any deductibles or self-insured retentions must be declared to and approved by the SCLAA. At the option of the SCLAA, either the insurer shall reduce or eliminate such deductibles or self-insured retentions that pertains to the SCLAA, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Notice of Cancellation
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to SCLAA. In the case of non- payment, ten (10) days advance written notice shall be given.
Section 12. BREACH OF CONTRACT
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
SCLAA will provide Contractor, or its subcontractors written notice that describes the nature of the breach and corrective actions the Contractor or its subcontractors must undertake in order to avoid termination of the contract. SCLAA reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the SCLAA elects to terminate the contract. The SCLAA’s notice will identify a specific date by which the Contractor or its subcontractors must correct the br each. SCLAA may proceed with termination of the contract if the Contractor or its subcontractors fails to correct the breach by the deadline indicated in the SCLAA’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
Section 13. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, subcontractors and independent contractors, including, without limitation, the SCLAA Legal Counsel, are named as Additional Insureds.
Section 14. WAIVER OF SUBROGATION RIGHTS
Contractor shall furnish SCLAA with the original Certificates and all endorsements, and waiver of subrogation. These forms must be attached to the Certificates of Insurance outlining coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and waivers are to be received and approved by SCLAA before work commences. As an alternative to SCLAA, and at the approval of 10 Construction Contract/Pave-Tech Inc./Project CC24-126
the Risk Manager; the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Section 15. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF WORK
a. Contractor shall secure from a good and responsible company or companies , authorized to do insurance business in the State of California the policies of insurance as required by this Contract and the Contract Documents, and shall furnish to the SCLAA Secretary certificates of said insurance at least one (1) day prior to the commencement of any work to be performed under this Contract.
b. The certificates of insurance shall bear an endorsement providing that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the duration of this Contract.
e. The C ommercial General Liability and automobile liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be primary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Contractor’s insurance and shall not contribute to it.”
f. Subcontractor Insurance. Contractor shall include all subcontractors as additional insureds under its policies or shall secure separate certificates and endorsements from each Subcontractor. All Subcontractor coverages shall be subject to all of the requirements stated in this Contract and the Contract Documents.
g. Pollution Liability. Pollution Liability Insurance, providing coverage for bodily injury, property damage, including cleanup costs and defense costs resulting from sudden, accidental, and gradual pollution conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. The minimum limit shall be Two Million ($2,000,000) each occurrence or claim and ($4,000,000) Four Million aggregate.
Section 16. SECURITIES AND GUARANTY
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any work, Contractor shall furnish to the SCLAA a Faithful Performance Bond, and a Payment (Labor and Materials Bond) in the amount equal to one hundred percent (100%) of the Compensation noted in Section 5.a of this Contract. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of 11 Construction Contract/Pave-Tech Inc./Project CC24-126
California. Contractor shall also execute and provide to the SCLAA concurrently with the execution of this Contract, the one-year Guaranty on the sample form so provided in the Contract Documents.
Section 17. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLA and the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLA and the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the SCLA and the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLA and the City , its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the SCLA and the City , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLA and the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the SCLA and the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to SCLA and the City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
12 Construction Contract/Pave-Tech Inc./Project CC24-126
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this A greement. Contractor shall require the same indemnification from all subcontractors.
Section 18. REPORTS
As required by the Contract Documents and as further may be requested by C. Eric Ray, Airport Director, or his d esignee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Contract.
Section 19. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the work as required by this Contract and the Contract Documents and to enable C. Eric Ray, Airport Director, or his designee to evaluate the cost and the performance of such work.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles and as may otherwise be required by the Contract Documents. Contractor agrees to provide the SCLAA, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives, full access to access to any books, documents, papers, and records of Contractor which are directly pertinent to the Project at all reasonable times for the purpose of making inspection, copies, audit, examination, excerpts and transcriptions.
d Contractor agrees to retain t he records listed in Subsection b above, as well as supporting documents pertaining to the use of funds paid to Contractor hereunder for a period of five (5) years after the final payment is made under this Contract and matters pending as to the Project are closed.
Section 20. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 21. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the SCLAA and Contractor with respect to the Project which is the subject matter of this Contract.
b. This Contract and the Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any P arty, except those covenants and agreements in this Contract and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter herein which is not contained in this Contract, the Contract Documents, or in a valid written modification or amendment to same, shall be valid or binding on either Party.
13 Construction Contract/Pave-Tech Inc./Project CC24-126
Section 22. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by the provisions of Sections 2 and 7.a of this Contract, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract.
Section 23. NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394
To Contractor: Rudy C. Zavalani, President
Pave-Tech Inc.
3043 Harding Street
Carlsbad, CA 92008
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 24. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES
No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
Section 25. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents.
Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 26. CARE OF WORK
C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any 14 Construction Contract/Pave-Tech Inc./Project CC24-126
obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.
Section 27. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Contract and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties . This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
15 Construction Contract/Pave-Tech Inc./Project CC24-126
Section 34. ATTORNEYS’ FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this Contract concerning this Contract or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 35. EFFECTIVENESS OF AGREEMENT
This Contract shall not be binding upon SCLAA, until signed by the authorized representative(s) of Contractor, approved as to form by SCLAA General Counsel, approved by the SCLAA Risk Manager, and executed by the authorized SCLAA personnel or SCLAA Chairman.
Section 36. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING CONTRACT
a. Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto.
b. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 37. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.
Section 38. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents or subcontractors, and they shall not be deemed agents, servants or employees of the SCLAA.
Section 39. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 40. CARB COMPLIANCE OBLIGATIONS
a. CARB Regulations. Contractor is aware of the California Air Resources Board 16 Construction Contract/Pave-Tech Inc./Project CC24-126
(“CARB”) regulations mandating various emission reduction requirements. Contractor agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”) prior to commencing any work hereunder and maintain compliance throughout the duration of this Agreement.
(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets .
(2) Effective January 1, 2024, CARB implemented amendments to the In- Use Off- Road Diesel-Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off-Road Regulation”) which apply broadly to all self -propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off -Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf .
b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off -Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Agreement. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless SCLAA and the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.
[END OF THIS PAGE – SIGNATURES FOLLOW]
17 Construction Contract/Pave-Tech Inc./Project CC24-126
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
SOUTHERN CALIFORNIA LOGISTICS PAVE-TECH INC.
AIRPORT AUTHORITY
By: _________________________________ By:
Elizabeth Becerra, Rudy C. Zavalani,
Authority Chairman President
Dated: ______________________________ Dated:
ATTEST
By:
Jennifer Thompson,
Authority Secretary
Dated:
SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY
By: ________________________________
Sandra Bostick,
Authority Risk Manager
Dated:
APPROVED AS TO STANDARD FORM
By: ________________________________
Andre de Bortnowsky,
Authority Legal Counsel
Dated:
18 Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT “A”
SCOPE OF WORK
SCLA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed:
(i) as generally described in Project CC24-126 Request for Bid and applicable Addenda, and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").
19 Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT “B”
BID PROPOSAL FORMS
SEE ATTACHMENT
EXHIBIT B
20/Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT B
21/Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT B
22/Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT B
23/Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT B
24/Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT B
25/Construction Contract/Pave-Tech Inc./Project CC24-126
EXHIBIT B
26/Construction Contract/Pave-Tech Inc./Project CC24-126 27 Construction Contract/Pave-Tech Inc./Project CC24-126 EXHIBIT “C”
DI
SADVANTAGED BUSINESS
ENTERPRISE CONTRACT PROVISIONS
F
EDERAL WAGE DECISIONS
SEE AT
TACHMENT
28 Construction Contract/Pave-Tech Inc./Project CC24-126 EXHIBIT “C”
In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the Southern California Logistics Airport Authority (SCLAA) has adopted a Disadvantaged Business Enterprise (DBE) Program, in conformance with Title 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”
This DOT-assisted project is subject to these stipulated regulations and SCLAA’s DBE program, which are hereby incorporated in their entirety by this reference Contractor must complete and submit all required DBE documentation to effectively capture all DBE utilization on SCLAA’s DOT -assisted contracts whether achieved race neutrally or rac e consciously. No changes to Contractor’s DBE Commitment shall be made until proper protocols for review and approval of SCLAA are rendered in writing.
I. Contractor’s Required Clauses
Contractor shall ensure that the following clauses are placed verbatim in every Subcontract agreement, broker, dealer, vendor, supplier or Purchase Order (PO) or other source agreements issued to both DBE and non-DBE firms. This clause applies to both DBE and non-DBE subcontractors:
A. Non-Discrimination Clause
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR P art 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as SCLAA deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
B. Prompt Payment Clause
The Prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the Contractor receives from the SCLAA. The Contractor DBE CONTRACT PROVISIONS :
29 Construction Contract/Pave-Tech Inc./Project CC24-126 agrees further to retur n retainage payments to each subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the SCLAA. This clause applies to both DBE and non-DBE subcontractors.
C. Any violation of the Prompt Payment Clause provision listed above shall subject the vi
olating contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.
Failure to comply with the Prompt Payment Clause provision without prior approval from SCLAA will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, a penalty of two percent (2%) of the invoice amount due per month, for every month that full payment is not made.
D. In
the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contractor or subcontractor to a subcontractor, the Contractor or subcontractor may withhold no more than 150 percent of the disputed amount.
E. The
sanctions authorized under this section shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This provision applies to both DBE and non-DBE contractors and subcontractors.
II. DBE Goal and Contractor DBE Commitment
SCLAA establishes contract-specific DBE goals to meet any portion of SCLAA’s Overall DBE Goal that SCLAA does not project being able to meet using race -neutral means.
SCLAA establishes contract- specific goals only on those DOT -assisted contracts that have subcontracting opportunities.
SCLAA may establish a DBE contract goal that is higher or lower than its overall goal, depending on such factors as the type of work involved, the location of the work, and the availability of DBEs for the work of the particular contract.
SCLAA established a 14% DBE contract-specific goal on this project and the Contractor has committed to 11.50% DBE participation. The Contractor is required to demonstrate DBE responsiveness towards meeting the 14% DBE contract-specific goal on this project as well as their DBE commitment.
Contractor agrees to ensure that any DBE subcontractor listed on the “DBE Participation Commitment Form” will perform work and/or supply materials in accordance with original commitments, unless otherwise directed and/or approved by SCLAA prior to Contractor effectuating any changes to its DBE participation commitment(s).
The Contractor must demonstrate responsiveness to meeting the DBE goal throughout the life of the project. The Contractor's DBE commitment shall be evaluated by dividing 30 Construction Contract/Pave-Tech Inc./Project CC24-126 the value of DBE commitments (executed subcontracts or purchase orders) by the Contractor's total contract value. DBE utilization or DBE attainment will be evaluated by dividing the dollars paid to DBE firms by the Contractor’s current contract value.
The Contractor must notify SCLAA in a timely manner and in writing, of changes to planned DBE participation or problems anticipated in attaining the DBE goal. In accordance with SCLAA's DBE Program, the Contractor must include satisfactory evidence good faith efforts were undertaken and must specify additional good faith efforts planned to remedy any shortfall towards meeting the project DBE goal.
If there is a change order to a contract on which there is a DBE contract goal, then that contract goal applies to the total contract value, inclusive of all change orders. This is true regardless of whether SCLAA or the Contractor initiates the change order.
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WAGE DETERMINATIONS
Davis-Bacon Act WD #
CA20240026
States and Counties
State
California
Wage Determination
Modification #
7 Construction
Building, Heavy, Highway
Last Revised Date
Jul 12, 2024
7/31/24, 9:06 AM SAM.gov
https://sam.gov/wage-determination/CA20240026/7 1/41
Counties
San Bernardino
Document Print Download
"General Decision Number: CA20240026 07/
Superseded General Decision Number: CA20230026
State: California
Construction Types: Building, Heavy (Heavy and Dre
Highway
County: San Bernardino County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS
include hopper dredge work); HEAVY CONSTRUCTION PR
not include water well drilling); HIGHWAY CONSTRUC
Note: Contracts subject to the Davis-Bacon Act are
required to pay at least the applicable minimum wa
required under Executive Order 14026 or Executive
Please note that these Executive Orders apply to c
contracts entered into by the federal government t
subject to the Davis-Bacon Act itself, but do not
contracts subject only to the Davis-Bacon Related
including those set forth at 29 CFR 5.1(a)(1).
__________________________________________________
|If the contract is entered |. Executive Order
|into on or after January 30, | generally applie
|2022, or the contract is | contract.
|renewed or extended (e.g., an |. The contractor m
|option is exercised) on or | all covered work
7/31/24, 9:06 AM SAM.gov
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|after January 30, 2022: | least $17.20 per
| | the applicable w
| | listed on this w
| | determination, i
| | higher) for all
| | spent performing
| | contract in 2024
|______________________________|__________________
|If the contract was awarded on|. Executive Order
|or between January 1, 2015 and| generally applie
|January 29, 2022, and the | contract.
|contract is not renewed or |. The contractor m
|extended on or after January | covered workers
|30, 2022: | $12.90 per hour
| | applicable wage
| | on this wage det
| | if it is higher)
| | hours spent perf
| | that contract in
|______________________________|__________________
The applicable Executive Order minimum wage rate w
adjusted annually. If this contract is covered by
Executive Orders and a classification considered n
performance of work on the contract does not appea
wage determination, the contractor must still subm
conformance request.
Additional information on contractor requirements
protections under the Executive Orders is availabl
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/09/2024
3 02/23/2024
4 05/24/2024
5 06/28/2024
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6 07/05/2024
7 07/12/2024
ASBE0005-002 09/01/2023
Rates F
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97
--------------------------------------------------
ASBE0005-004 07/04/2022
Rates F
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52
--------------------------------------------------
BOIL0092-003 01/01/2024
Rates F
BOILERMAKER......................$ 51.98
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--------------------------------------------------
* BRCA0004-011 05/01/2024
Rates F
BRICKLAYER; MARBLE SETTER........$ 45.53
*The wage scale for prevailing wage projects per
Blythe, China lake, Death Valley, Fort Irwin, Tw
Palms, Needles and 1-15 corridor (Barstow to the
State Line) will be Three Dollars ($3.00) above
standard San Bernardino/Riverside County hourly
--------------------------------------------------
BRCA0018-004 06/01/2023
Rates F
MARBLE FINISHER..................$ 40.21
TILE FINISHER....................$ 34.78
TILE LAYER.......................$ 48.29
--------------------------------------------------
BRCA0018-010 09/01/2023
Rates F
TERRAZZO FINISHER................$ 39.95
TERRAZZO WORKER/SETTER...........$ 47.85
--------------------------------------------------
CARP0213-001 07/01/2021
Rates F
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60
(2) Millwright..............$ 52.10
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(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85
(5) Sawfiler...............$ 51.69
(6) Scaffold Builder.......$ 42.80
(7) Table Power Saw
Operator....................$ 51.70
FOOTNOTE: Work of forming in the construction of
sewers or storm drains, on operations in which h
lagging is used in conjunction with steel H-Beam
placed in pre- drilled holes, for that portion o
trench against which concrete is poured, namely,
substitute for back forms (which work is perform
piledrivers): $0.13 per hour additional.
--------------------------------------------------
CARP0213-002 07/01/2021
Rates F
Diver
(1) Wet.....................$ 834.40
(2) Standby.................$ 445.84
(3) Tender..................$ 437.84
(4) Assistant Tender........$ 413.84
Amounts in ""Rates' column are per day
--------------------------------------------------
CARP0213-004 07/01/2021
Rates F
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60
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STOCKER/SCRAPPER............$ 22.16
--------------------------------------------------
CARP0721-001 07/01/2021
Rates F
Modular Furniture Installer......$ 21.85
--------------------------------------------------
ELEC0440-004 12/27/2021
COMMUNICATIONS AND SYSTEMS WORK
Rates F
Communications System
Installer...................$ 39.60 3
Technician..................$ 33.09
SCOPE OF WORK:
Installation, testing, service and maintenance o
utilizing the transmission and/or transference o
sound, vision and digital for commercial, educat
security and entertainment purposes for the foll
monitoring and surveillance, background-foregrou
intercom and telephone interconnect, inventory c
systems, microwave transmission, multi-media, mu
nurse call systems, radio page, school intercom
burglar alarms, fire alarms, and low voltage mas
systems in commercial buildings. Communication
that transmit or receive information and/or cont
that are intrinsic to the above listed systems;
or exclusion of terminations and testings of con
determined by their function; excluding all othe
systems or multiple systems which include contro
or power supply; excluding installation of racew
conduit systems, line voltage work, and energy m
systems. Does not cover work performed at China
Ordnance Test Station.
--------------------------------------------------
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ELEC0477-002 06/01/2021
Rates F
Electricians:....................$ 45.75 3
CABLE SPLICER: $1.50 per hour above Electrician r
TUNNEL WORK: 10% above Electrician rate.
ZONE PAY:
Zone A - 80 road miles from Post Office, 455 Ora
Lane, San Bernardino, will be a free zone for al
contractors
Zone B - Any work performed outside Zone A's 80
shall add $12.00 per hour to the current wage sc
--------------------------------------------------
ELEC1245-001 06/01/2024
Rates F
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30
(3) Groundman...............$ 40.76
(4) Powderman...............$ 51.87
HOLIDAYS: New Year's Day, M.L. King Day, Memoria
Independence Day, Labor Day, Veterans Day, Thank
and day after Thanksgiving, Christmas Day
--------------------------------------------------
ELEV0018-001 01/01/2024
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Rates F
ELEVATOR MECHANIC................$ 66.63 37.
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of re
rate as vacation pay credit for employees with m
years of service, and 6% for 6 months to 5 years
b. PAID HOLIDAYS: New Year's Day, Memorial Day,
Day, Labor Day, Veterans' Day, Thanksgiving Day,
after Thanksgiving, and Christmas Day.
--------------------------------------------------
ENGI0012-004 08/01/2023
Rates F
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10
(2) Dredge dozer............$ 58.13
(3) Deckmate................$ 58.02
(4) Winch operator (stern
winch on dredge)............$ 57.47
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93
(6) Barge Mate..............$ 57.54
--------------------------------------------------
ENGI0012-024 07/01/2023
Rates F
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90
GROUP 2....................$ 54.68
GROUP 3....................$ 54.97
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GROUP 4....................$ 56.46
GROUP 6....................$ 56.68
GROUP 8....................$ 56.79
GROUP 10....................$ 56.91
GROUP 12....................$ 57.08
GROUP 13....................$ 57.18
GROUP 14....................$ 57.21
GROUP 15....................$ 57.29
GROUP 16....................$ 57.41
GROUP 17....................$ 57.58
GROUP 18....................$ 57.68
GROUP 19....................$ 57.79
GROUP 20....................$ 57.91
GROUP 21....................$ 58.08
GROUP 22....................$ 58.18
GROUP 23....................$ 58.29
GROUP 24....................$ 58.41
GROUP 25....................$ 58.58
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25
GROUP 2....................$ 56.03
GROUP 3....................$ 56.32
GROUP 4....................$ 56.46
GROUP 5....................$ 56.68
GROUP 6....................$ 56.79
GROUP 7....................$ 56.91
GROUP 8....................$ 57.08
GROUP 9....................$ 57.25
GROUP 10....................$ 58.25
GROUP 11....................$ 59.25
GROUP 12....................$ 60.25
GROUP 13....................$ 61.25
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75
GROUP 2....................$ 56.53
GROUP 3....................$ 56.82
GROUP 4....................$ 56.96
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GROUP 5....................$ 57.18
GROUP 6....................$ 57.29
GROUP 7....................$ 57.41
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equip
work on the followng Military Bases: China Lake
Reserve, Vandenberg AFB, Point Arguello, Seely N
Fort Irwin, Nebo Annex Marine Base, Marine Corp
Base Yermo, Edwards AFB, 29 Palms Marine Base an
Pendleton
Workers required to suit up and work in a hazard
environment: $2.00 per hour additional. Combina
and compressor operator on gunite work shall be
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator
Witch, with seat or similar type equipment; Elev
operator-inside; Engineer Oiler; Forklift operat
(includes loed, lull or similar types under 5 to
Generator operator; Generator, pump or compresso
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse ta
operator);Coil Tubing Rig Operator, Concrete mix
operator-skip type; Conveyor operator; Fireman;
operator (includes loed, lull or similar types o
Hydrostatic pump operator; oiler crusher (asphal
concrete plant); Petromat laydown machine; PJU s
jack; Screening and conveyor machine operator (o
types); Skiploader (wheel type up to 3/4 yd. wit
attachment); Tar pot fireman; Temporary heating
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat o
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type (Skid steer); Equipment greaser (rack); For
(with dragtype attachments); Helicopter radioman
Stationary pipe wrapping and cleaning machine op
GROUP 4: Asphalt plant fireman; Backhoe operator
similar type); Boring machine operator; Boxman o
(asphalt or concrete); Chip spreading machine op
Concrete cleaning decontamination machine operat
Concrete Pump Operator (small portable);Direct P
Operator (Geoprobe or similar types) Drilling ma
operator, small auger types (Texoma super econom
similar types - Hughes 100 or 200 or similar typ
drilling depth of 30' maximum); Equipment grease
truck); Guard rail post driver operator; Highlin
signalman; Hydra-hammer-aero stomper; Micro Tunn
(above ground tunnel); Power concrete curing mac
operator; Power concrete saw operator; Power-dri
form setter operator; Power sweeper operator; Ro
Saw/Trencher; Roller operator (compacting); Scre
(asphalt or concrete); Trenching machine operato
ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt p
engineer; Batch plant operator; Bit sharpener; C
joint machine operator (canal and similar type);
planer operator; Dandy digger; Deck engine opera
Derrickman (oilfield type); Drilling machine ope
bucket or auger types (Calweld 100 bucket or sim
- Watson 1000 auger or similar types - Texoma 33
600 auger or similar types - drilling depth of 4
maximum); Drilling machine operator; Hydrographi
machine operator (straw, pulp or seed), Jackson
maintainer, or similar type; Kalamazoo Switch ta
similar type; Machine tool operator; Maginnis in
slab vibrator, Mechanical berm, curb or gutter(c
asphalt); Mechanical finisher operator (concrete
Clary-Johnson-Bidwell or similar); Micro tunnel
(below ground); Pavement breaker operator (truck
Road oil mixing machine operator; Roller operato
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or finish), rubber-tired earth moving equipment
engine, up to and including 25 yds. struck); Sel
tar pipelining machine operator; Skiploader oper
(crawler and wheel type, over 3/4 yd. and up to
including 1-1/2 yds.); Slip form pump operator (
driven hydraulic lifting device for concrete for
Tractor operator-bulldozer, tamper-scraper (sing
up to 100 h.p. flywheel and similar types, up to
including D-5 and similar types); Tugger hoist o
drum); Ultra high pressure waterjet cutting tool
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator
finishing); Asphalt paving machine operator (Bar
or similar type); Asphalt-rubber distribution op
Backhoe operator (up to and including 3/4 yd.),
Case or similar types; Cable Bundling Machine Op
(excluding handheld); Cable Trenching Machine Op
(Spider Plow or similar types) Cast-in-place pip
machine operator; Combination mixer and compress
(gunite work); Compactor operator (self-propelle
Concrete mixer operator (paving); Crushing plant
Drill Doctor; Drilling machine operator, Bucket
types (Calweld 150 bucket or similar types - Wat
2000 2500 auger or similar types - Texoma 700, 8
similar types - drilling depth of 60' maximum);
grader operator; Grade checker; Gradall operator
machine operator; Heavy-duty repairman; Heavy eq
robotics operator; Kalamazoo balliste regulator
type; Kolman belt loader and similar type; Le To
compactor or similar type; Loader operator (Athe
Sierra and similar types); Mobark Chipper or sim
padder or similar types; P.C. slot saw; Pneumati
placing machine operator (Hackley-Presswell or s
type); Pumpcrete gun operator; RCM Cementing Uni
Rail/Switch Grinder Operator (Harsco or similar
Rock Drill or similar types; Rotary drill operat
(excluding caisson type); Rubber-tired earth-mov
equipment operator (single engine, caterpillar,
Athey Wagon and similar types with any and all a
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over 25 yds. up to and including 50 cu. yds. str
Rubber-tired earth-moving equipment operator (mu
engine up to and including 25 yds. struck); Rubb
scraper operator (self-loading paddle wheel type
Deere, 1040 and similar single unit); Self- prop
and gutter machine operator; Shuttle buggy; Skip
operator (crawler and wheel type over 1-1/2 yds.
including 6-1/2 yds.); Soil remediation plant op
Surface heaters and planer operator; Tractor com
drill combination operator; Tractor operator (an
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push trac
engine); Tractor operator (boom attachments), Tr
pipe wrapping, cleaning and bendng machine opera
Trenching machine operator (over 6 ft. depth cap
manufacturer's rating); trenching Machine with R
attachment (over 6 ft depth capacity): Ultra hig
waterjet cutting tool system mechanic; Water pul
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or a
(Calweld 200 B bucket or similar types-Watson 30
auger or similar types-Texoma 900 auger or simil
types-drilling depth of 105' maximum); Dual drum
dynamic compactor LDC350 (or similar types); Mon
locomotive operator (diesel, gas or electric); M
patrol-blade operator (single engine); Multiple
tractor operator (Euclid and similar type-except
cat.); Rubber-tired earth-moving equipment opera
engine, over 50 yds. struck); Pneumatic pipe ram
and similar types; Prestressed wrapping machine
Rubber-tired earth-moving equipment operator (si
engine, over 50 yds. struck); Rubber tired earth
equipment operator (multiple engine, Euclid, cat
and similar over 25 yds. and up to 50 yds. struc
crane repairman; Tractor loader operator (crawle
type over 6-1/2 yds.); Woods mixer operator (and
Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip f
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Drilling machine operator, bucket or auger types
auger 200 CA or similar types - Watson, auger 60
similar types - Hughes Super Duty, auger 200 or
types - drilling depth of 175' maximum); Hoe ram
with compressor; Mass excavator operator less th
yards; Mechanical finishing machine operator; Mo
traveler operator; Motor patrol operator (multi-
Pipe mobile machine operator; Rubber-tired earth
equipment operator (multiple engine, Euclid, Cat
and similar type, over 50 cu. yds. struck); Rubb
self- loading scraper operator (paddle-wheel-aug
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment op
operating equipment with push-pull system (singl
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer op
Remote- control earth-moving equipment operator
a second piece of equipment: $1.00 per hour addi
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment op
operating equipment with push-pull system (singl
Caterpillar, Euclid, Athey Wagon and similar typ
and all attachments over 25 yds. and up to and i
yds. struck); Rubber-tired earth-moving equipmen
operating equipment with push-pull system (multi
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment op
operating equipment with push-pull system (singl
over 50 yds. struck); Rubber-tired earth-moving
operator, operating equipment with push-pull sys
(multiple engine, Euclid, Caterpillar and simila
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment op
operating equipment with push-pull system (multi
Euclid, Caterpillar and similar, over 50 cu. yds
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Tandem tractor operator (operating crawler type
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment op
operating in tandem (scrapers, belly dumps and s
types in any combination, excluding compaction u
single engine, up to and including 25 yds. struc
GROUP 19: Rotex concrete belt operator (or simil
Rubber-tired earth-moving equipment operator, op
tandem (scrapers, belly dumps and similar types
combination, excluding compaction units - single
Caterpillar, Euclid, Athey Wagon and similar typ
and all attachments over 25 yds.and up to and in
cu. yds. struck); Rubber-tired earth-moving equi
operator, operating in tandem (scrapers, belly d
similar types in any combination, excluding comp
units - multiple engine, up to and including 25
GROUP 20: Rubber-tired earth-moving equipment op
operating in tandem (scrapers, belly dumps and s
types in any combination, excluding compaction u
single engine, over 50 yds. struck); Rubber-tire
earth-moving equipment operator, operating in ta
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multip
Euclid, Caterpillar and similar, over 25 yds. an
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment op
operating in tandem (scrapers, belly dumps and s
types in any combination, excluding compaction u
multiple engine, Euclid, Caterpillar and similar
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment op
operating equipment with the tandem push-pull sy
(single engine, up to and including 25 yds. stru
GROUP 23: Rubber-tired earth-moving equipment op
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operating equipment with the tandem push-pull sy
(single engine, Caterpillar, Euclid, Athey Wagon
similar types with any and all attachments over
up to and including 50 yds. struck); Rubber-tire
earth-moving equipment operator, operating with
push-pull system (multiple engine, up to and inc
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment op
operating equipment with the tandem push-pull sy
(single engine, over 50 yds. struck); Rubber-tir
earth-moving equipment operator, operating equip
the tandem push-pull system (multiple engine, Eu
Caterpillar and similar, over 25 yds. and up to
struck)
GROUP 25: Concrete pump operator-truck mounted;
earth-moving equipment operator, operating equip
the tandem push-pull system (multiple engine, Eu
Caterpillar and similar type, over 50 cu. yds. s
Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIF
GROUP 1: Engineer oiler; Fork lift operator (inc
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross c
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable oper
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (A
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane ope
operator (Chicago boom and similar type); Lift m
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operator; Lift slab machine operator (Vagtborg a
types); Material hoist and/or manlift operator;
gantry crane operator; Self Climbing scaffold (o
type); Shovel, backhoe, dragline, clamshell oper
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist
GROUP 7: Pedestal crane operator; Shovel, backho
clamshell operator (over 5 cu. yds. mrc); Tower
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25
capacity); Crawler transporter operator; Derrick
operator (up to and including 25 ton capacity);
operator, stiff legs, Guy derrick or similar typ
and including 25 ton capacity); Shovel, backhoe,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to
50 tons mrc); Derrick barge operator (over 25 to
and including 50 tons mrc); Highline cableway op
Hoist operator, stiff legs, Guy derrick or simil
(over 25 tons up to and including 50 tons mrc);
operator; Polar crane operator; Self erecting to
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to
including 100 tons mrc); Derrick barge operator
tons up to and including 100 tons mrc); Hoist op
stiff legs, Guy derrick or similar type (over 50
and including 100 tons mrc), Mobile tower crane
(over 50 tons, up to and including 100 tons M.R.
GROUP 11: Crane operator (over 100 tons and up t
including 200 tons mrc); Derrick barge operator
tons up to and including 200 tons mrc); Hoist op
stiff legs, Guy derrick or similar type (over 10
to and including 200 tons mrc); Mobile tower cra
(over 100 tons up to and including 200 tons mrc)
crane operator and tower gantry
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GROUP 12: Crane operator (over 200 tons up to an
300 tons mrc); Derrick barge operator (over 200
and including 300 tons mrc); Hoist operator, sti
Guy derrick or similar type (over 200 tons, up t
including 300 tons mrc); Mobile tower crane oper
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derric
operator (over 300 tons); Helicopter pilot; Hois
stiff legs, Guy derrick or similar type (over 30
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. wi
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (greas
Slip form pump operator (power-driven hydraulic
device for concrete forms); Tugger hoist operato
Tunnel locomotive operator (over 10 and up to an
30 tons)
GROUP 5: Backhoe operator (up to and including 3
Small Ford, Case or similar; Drill doctor; Grout
operator; Heading shield operator; Heavy-duty re
Loader operator (Athey, Euclid, Sierra and simil
Mucking machine operator (1/4 yd., rubber-tired,
track type); Pneumatic concrete placing machine
(Hackley-Presswell or similar type); Pneumatic h
shield (tunnel); Pumpcrete gun operator; Tractor
drill combination operator; Tugger hoist operato
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
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GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL Coun
portions of KERN, RIVERSIDE & SAN BERNARDINO Count
defined below:
That area within the following Boundary: Begin in
Bernardino County, approximately 3 miles NE of the
of I-15 and the California State line at that poin
the NW corner of Section 1, T17N,m R14E, San Berna
Meridian. Continue W in a straight line to that p
the SW corner of the northwest quarter of Section
R42E, Mt. Diablo Meridian. Continue North to the
with the Inyo County Boundary at that point which
corner of the western half of the northern quarter
6, T25S, R42E, MDM. Continue W along the Inyo and
Bernardino County boundary until the intersection
County, as that point which is the SE corner of Se
T24S, R40E, MDM. Continue W along the Inyo and Ke
boundary until the intersection with Tulare County
point which is the SW corner of the SE quarter of
T24S, R37E, MDM. Continue W along the Kern and Tu
boundary, until that point which is the NW corner
R32E, MDM. Continue S following R32E lines to the
T31S, R32E, MDM. Continue W to the NW corner of T
MDM. Continue S to the SW corner of T32S, R31E, M
W to SW corner of SE quarter of Section 34, T32S,
Continue S to SW corner of T11N, R17W, SBM. Conti
south boundary of T11N, SBM to SW corner of T11N,
Continue S to SW corner of T9N, R7W, SBM. Continu
south boundary of T9N, SBM to SW corner of T9N, R1
Continue S along west boundary of R1E, SMB to Rive
line at the SW corner of T1S, R1E, SBM. Continue
boundary of T1s, SBM (Riverside County Line) to SW
T1S, R10E, SBM. Continue S along west boundary of
Imperial County line at the SW corner of T8S, R10E
Continue W along Imperial and Riverside county lin
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corner of T9S, R9E, SBM. Continue S along the bou
Imperial and San Diego Counties, along the west ed
SBM to the south boundary of Imperial County/Calif
line. Follow the California state line west to Ar
line, then north to Nevada state line, then contin
to start at the point which is the NW corner of Se
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin ap
miles north of the community of Cholame, on the Mo
and San Luis Obispo County boundary at the NW corn
R16E, Mt. Diablo Meridian. Continue south along t
of R16E to the SW corner of T30S, R16E, MDM. Cont
corner of T30S, R17E, MDM. Continue S to SW corne
R17E, MDM. Continue E to SW corner of T31S, R18E,
Continue S along West side of R18E, MDM as it cros
Bernardino Meridian numbering area and becomes R30
the west side of R30W, SBM to the SW corner of T9N
Continue E along the south edge of T9N, SBM to the
Barbara County and Ventura County boundary at that
is the SW corner of Section 34.T9N, R24W, SBM, con
the Ventura County line to that point which is the
the SE quarter of Section 32, T7N, R24W, SBM. Co
along the south edge of T7N, SBM to the SE corner
SBM. Continue N along East side of R21W, SBM to V
and Kern County boundary at the NE corner of T8N,
Continue W along the Ventura County and Kern Count
the SE corner of T9N, R21W. Continue North along
of R21W, SBM to the NE corner of T12N, R21W, SBM.
West along the north edge of T12N, SBM to the SE c
T32S, R21E, MDM. [T12N SBM is a think strip betwee
and T32S MDM]. Continue North along the East side
to the Kings County and Kern County border at the
T25S, R21E, MDM, continue West along the Kings Cou
County Boundary until the intersection of San Luis
County. Continue west along the Kings County and
Obispo County boundary until the intersection with
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County. Continue West along the Monterey County a
Obispo County boundary to the beginning point at t
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counti
Northern portion of SAN BERNARDINO County as defin
That area within the following Boundary: Begin at
intersection of the northern boundary of Mono Coun
California state line at the point which is the ce
Section 17, T10N, R22E, Mt. Diablo Meridian. Cont
SE along the entire western boundary of Mono Count
reaches Inyo County at the point which is the NE c
Western half of the NW quarter of Section 2, T8S,
Continue SSE along the entire western boundary of
until the intersection with Kern County at the poi
the SW corner of the SE 1/4 of Section 32, T24S, R
Continue E along the Inyo and Kern County boundary
intersection with San Bernardino County at that po
the SE corner of section 34, T24S, R40E, MDM. Con
the Inyo and San Bernardino County boundary until
which is the NE corner of the Western half of the
Section 6, T25S, R42E, MDM. Continue S to that po
the SW corner of the NW quarter of Section 6, T27S
Continue E in a straight line to the California an
state border at the point which is the NW corner o
T17N, R14E, San Bernardino Meridian. Then continu
the state line to the starting point, which is the
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RAT
--------------------------------------------------
IRON0433-006 01/01/2024
Rates F
IRONWORKER
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Fence Erector...............$ 42.53
Ornamental, Reinforcing
and Structural..............$ 47.45
PREMIUM PAY:
$9.00 additional per hour at the following locatio
China Lake Naval Test Station, Chocolate Mountains
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irw
Center-Goldstone, San Clemente Island, San Nichola
Susanville Federal Prison, 29 Palms - Marine Corps
Base - Barstow, U.S. Naval Air Facility - Sealey,
Army Defense Language Institute - Monterey, Fallon
Naval Post Graduate School - Monterey, Yermo Marin
Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station
--------------------------------------------------
LABO0300-005 08/01/2022
Rates F
Asbestos Removal Laborer.........$ 39.23
SCOPE OF WORK: Includes site mobilization, init
cleanup, site preparation, removal of asbestos-c
material and toxic waste, encapsulation, enclosu
disposal of asbestos- containing materials and t
by hand or with equipment or machinery; scaffold
fabrication of temporary wooden barriers and ass
decontamination stations.
--------------------------------------------------
LABO0345-001 07/01/2022
Rates F
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LABORER (GUNITE)
GROUP 1.....................$ 48.50
GROUP 2.....................$ 47.55
GROUP 3.....................$ 44.01
FOOTNOTE: GUNITE PREMIUM PAY: Workers working
Bosn'n's Chair or suspended from a rope or cabl
receive 40 cents per hour above the foregoing ap
classification rates. Workers doing gunite and
shotcrete work in a tunnel shall receive 35 cen
above the foregoing applicable classification ra
on a portal-to-portal basis. Any work performe
above any smoke stack, silo, storage elevator or
type of structure, when such structure is in ex
75'-0"" above base level and which work must be
whole or in part more than 75'-0"" above base le
work performed above the 75'-0"" level shall be
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
--------------------------------------------------
LABO0783-002 07/01/2022
Rates F
LABORER (TUNNEL)
GROUP 1.....................$ 45.68
GROUP 2.....................$ 46.00
GROUP 3.....................$ 46.46
GROUP 4.....................$ 47.15
LABORER
GROUP 1.....................$ 36.39
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GROUP 2.....................$ 36.94
GROUP 3.....................$ 37.49
GROUP 4.....................$ 39.04
GROUP 5.....................$ 39.39
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; C
screeding for rough strike-off; Concrete, water
Demolition laborer, the cleaning of brick if per
worker performing any other phase of demolition
the cleaning of lumber; Fire watcher, limber, br
piler and debris handler; Flag person; Gas, oil
water pipeline laborer; Laborer, asphalt-rubber
loader; Laborer, general or construction; Labore
clean-up; Laborer, landscaping; Laborer, jetting
temporary water and air lines; Material hose ope
(walls, slabs, floors and decks); Plugging, fill
bolt holes; Dry packing of concrete; Railroad ma
repair track person and road beds; Streetcar and
construction track laborers; Rigging and signali
Slip form raiser; Tar and mortar; Tool crib or t
laborer; Traffic control by any method; Window c
Wire mesh pulling - all concrete pouring operati
GROUP 2: Asphalt shoveler; Cement dumper (on 1
mixer and handling bulk cement); Cesspool digger
installer; Chucktender; Chute handler, pouring c
the handling of the chute from readymix trucks,
walls, slabs, decks, floors, foundation, footing
gutters and sidewalks; Concrete curer, imperviou
and form oiler; Cutting torch operator (demoliti
grader, highways and street paving, airport, run
similar type heavy construction; Gas, oil and/or
pipeline wrapper - pot tender and form person; G
chaser; Headerboard person - asphalt; Laborer, p
steel and pans; Membrane vapor barrier installer
broom sweeper (small); Riprap stonepaver, placin
wet sacked concrete; Roto scraper and tiller; Sa
(pot tender); Septic tank digger and installer(l
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scaler and cleaner; Tree climber, faller, chain
operator, Pittsburgh chipper and similar type br
shredder; Underground laborer, including caisson
GROUP 3: Buggymobile person; Concrete cutting to
pile cutter; Driller, jackhammer, 2-1/2 ft. dril
longer; Dri-pak-it machine; Gas, oil and/or wate
wrapper, 6-in. pipe and over, by any method, ins
out; High scaler (including drilling of same); H
and similar type; Impact wrench multi-plate; Ket
pot person and workers applying asphalt, lay-kol
creosote, lime caustic and similar type material
(""applying"" means applying, dipping, brushing
of such materials for pipe wrapping and waterpro
Operator of pneumatic, gas, electric tools, vibr
machine, pavement breaker, air blasting, come-al
similar mechanical tools not separately classifi
Pipelayer's backup person, coating, grouting, ma
joints, sealing, caulking, diapering and includi
gasket joints, pointing and any and all other se
Rock slinger; Rotary scarifier or multiple head
chipping scarifier; Steel headerboard and guidel
Tamper, Barko, Wacker and similar type; Trenchin
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asp
person, and asphalt spreader boxes (all types);
core cutter (walls, floors or ceilings), grinder
Concrete saw person, cutting walls or flat work,
old or new concrete; Cribber, shorer, lagging, s
trench bracing, hand-guided lagging hammer; Head
slinger; Laborer, asphalt- rubber distributor bo
Laser beam in connection with laborers' work; Ov
concrete vibrator operator, 70 lbs. and over; Pi
performing all services in the laying and instal
pipe from the point of receiving pipe in the dit
completion of operation, including any and all f
tubular material, whether pipe, metallic or non-
conduit and any other stationary type of tubular
used for the conveying of any substance or eleme
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water, sewage, solid gas, air, or other product
and without regard to the nature of material fro
tubular material is fabricated; No-joint pipe an
of same; Prefabricated manhole installer; Sandbl
(nozzle person), water blasting, Porta Shot-Blas
GROUP 5: Blaster powder, all work of loading hol
and blasting of all powder and explosives of wha
regardless of method used for such loading and p
Driller: All power drills, excluding jackhammer,
core, diamond, wagon, track, multiple unit, and
other types of mechanical drills without regard
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person
person; Dump person (outside); Swamper (brake pe
switch person on tunnel work); Tunnel materials
person; Nipper; Pot tender, using mastic or othe
(for example, but not by way of limitation, shot
GROUP 2: Chucktender, cabletender; Loading and u
agitator cars; Vibrator person, jack hammer, pne
tools (except driller); Bull gang mucker, track
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemic
person; Cherry picker person; Grout gun person;
person; Grout pump person; Jackleg miner; Jumbo
Kemper and other pneumatic concrete placer opera
tunnel (hand or machine); Nozzle person; Operati
troweling and/or grouting machines; Powder perso
house); Primer person; Sandblaster; Shotcrete pe
form raiser and setter; Timber person, retimber
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and r
--------------------------------------------------
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LABO0783-005 07/01/2022
Rates F
Brick Tender.....................$ 37.32
--------------------------------------------------
LABO1184-001 07/01/2022
Rates F
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69
(2) Vehicle Operator/Hauler.$ 40.86
(3) Horizontal Directional
Drill Operator..............$ 42.71
(4) Electronic Tracking
Locator.....................$ 44.71
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90
GROUP 2.....................$ 43.20
GROUP 3.....................$ 45.21
GROUP 4.....................$ 46.95
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, i
repair and filling of cracks by any method on an
in parking lots, game courts and playgrounds; ca
operation of all related machinery and equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot t
removal of all traffic lines and markings by any
(sandblasting, waterblasting, grinding, etc.) an
preparation of surface for coatings. Traffic co
person: controlling and directing traffic throug
conventional and moving lane closures; operation
related machinery and equipment
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GROUP 3: Traffic delineating device applicator:
application of pavement markers, delineating sig
and traffic bars, adhesives, guide markers, othe
delineating devices including traffic control. T
category includes all traffic related surface pr
(sandblasting, waterblasting, grinding) as part
application process. Traffic protective delineat
installer: removes, relocates, installs, permane
affixed roadside and parking delineation barrica
fencing, cable anchor, guard rail, reference sig
monument markers; operation of all related machi
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traf
and markings; hot thermo plastic; tape traffic s
markings, including traffic control; operation o
related machinery and equipment
--------------------------------------------------
LABO1414-003 08/03/2022
Rates F
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92
PLASTER TENDER..............$ 41.47
Work on a swing stage scaffold: $1.00 per hour add
Work at Military Bases - $3.00 additional per hou
Coronado Naval Amphibious Base, Fort Irwin, Mari
Station-29 Palms, Imperial Beach Naval Air Stati
Corps Logistics Supply Base, Marine Corps Pickle
Mountain Warfare Training Center, Naval Air
Facility-Seeley, North Island Naval Air Station,
AFB.
--------------------------------------------------
PAIN0036-001 07/01/2023
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Rates F
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59
(2) All Other Work..........$ 38.52
REPAINT of any previously painted structure. Ex
work involving the aerospace industry, breweries
commercial recreational facilities, hotels which
commercial establishments as part of hotel servi
sports facilities.
--------------------------------------------------
PAIN0036-008 09/01/2022
Rates F
DRYWALL FINISHER/TAPER...........$ 46.28
--------------------------------------------------
PAIN0036-015 01/01/2020
Rates F
GLAZIER..........................$ 43.45
FOOTNOTE: Additional $1.25 per hour for work in
from the third (3rd) floor and up Additional $1
hour for work on the outside of the building fr
stage or any suspended contrivance, from the gro
--------------------------------------------------
PAIN1247-002 01/01/2024
Rates F
SOFT FLOOR LAYER.................$ 43.20
--------------------------------------------------
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PLAS0200-008 08/03/2022
Rates F
PLASTERER........................$ 47.37
FORT IRWIN; MARINE CORPS AIR STATION 29 PALMS, A
CORPS LOGISTICS SUPPLY BASE: $3.00 additional p
--------------------------------------------------
PLAS0500-002 07/01/2023
Rates F
CEMENT MASON/CONCRETE FINISHER...$ 44.00
--------------------------------------------------
PLUM0016-002 09/01/2023
Rates F
PLUMBER, PIPEFITTER,
STEAMFITTER
Work at Edwards AFB.........$ 64.18
Work at Fort Irwin Army
Base........................$ 67.68
Work at Marine Corps
Logistic Base at Nebo,
Marine Corps Logistic Base
at Yermo and Twenty-Nine
Palms Marine Base...........$ 64.18
Work ONLY on new additions
and remodeling of bars,
restaurants, stores and
commercial buildings, not
to exceed 5,000 sq. ft. of
floor space.................$ 53.51
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49
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All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 55.18
--------------------------------------------------
PLUM0345-001 09/01/2023
Rates F
PLUMBER
Landscape/Irrigation Fitter.$ 40.20
Sewer & Storm Drain Work....$ 44.29
--------------------------------------------------
ROOF0036-002 08/13/2023
Rates F
ROOFER...........................$ 46.02
FOOTNOTE: Pitch premium: Work on which employees
to pitch fumes or required to handle pitch, pitc
pitch impregnated products, or any material cont
tar pitch, the entire roofing crew shall receive
hour ""pitch premium"" pay.
--------------------------------------------------
SFCA0669-009 01/01/2024
Does not include the northern part of the City of
Cities of Montclair and Ontario
Rates F
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SPRINKLER FITTER.................$ 45.31
--------------------------------------------------
SFCA0709-004 09/01/2023
THE NORTHERN PART OF THE CITY OF CHINO, AND THE CI
MONTCLAIR AND ONTARIO:
Rates F
SPRINKLER FITTER (Fire)..........$ 54.29
--------------------------------------------------
* SHEE0105-003 07/01/2024
LOS ANGELES (South of a straight line drawn betwee
Big Pines)and Catalina Island, INYO, KERN (Northea
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNA
Rates F
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 59.40
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95
--------------------------------------------------
TEAM0011-002 07/01/2023
Rates F
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TRUCK DRIVER
GROUP 1....................$ 38.19
GROUP 2....................$ 38.34
GROUP 3....................$ 38.47
GROUP 4....................$ 38.66
GROUP 5....................$ 38.69
GROUP 6....................$ 38.72
GROUP 7....................$ 38.97
GROUP 8....................$ 39.22
GROUP 9....................$ 39.42
GROUP 10....................$ 39.72
GROUP 11....................$ 40.22
GROUP 12....................$ 40.65
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake,
El Centro Naval Facility, Fort Irwin, Marine Cor
Logistics Base at Nebo & Yermo, Mountain Warfare
Center, Bridgeport, Point Arguello, Point Conc
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of veh
axles; Traffic control pilot car excluding movin
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of veh
axles; Boot person; Cement mason distribution tr
truck driver; Water truck - 2 axle; Dump truck,
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yd
truck, less than 6-1/2 yds. water level
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GROUP 5: Water truck, 3 or more axles; Truck gre
person ($0.50 additional for tire person); Pipel
utility working truck driver, including winch tr
plastic fusion, limited to pipeline and utility
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dump
6-1/2 yds. water level and over; Vehicle or comb
vehicles - 4 or more axles; Oil spreader truck;
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Fork
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water le
repair person; Water pull - single engine; Welde
GROUP 9: Truck repair person/welder; Low bed dri
or over
GROUP 10: Dump truck - 50 yds. or more water lev
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull -
with attachments; Winch truck driver - $1.25 add
when operating winch or similar special attachme
GROUP 12: Boom Truck 17K and above
--------------------------------------------------
WELDERS - Receive rate prescribed for craft perfor
operation to which welding is incidental.
==================================================
Note: Executive Order (EO) 13706, Establishing Pai
for Federal Contractors applies to all contracts s
Davis-Bacon Act for which the contract is awarded
solicitation was issued) on or after January 1, 20
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contract is covered by the EO, the contractor must
employees with 1 hour of paid sick leave for every
they work, up to 56 hours of paid sick leave each
Employees must be permitted to use paid sick leave
own illness, injury or other health-related needs,
preventive care; to assist a family member (or per
like family to the employee) who is ill, injured,
health-related needs, including preventive care; o
resulting from, or to assist a family member (or p
like family to the employee) who is a victim of, d
violence, sexual assault, or stalking. Additional
on contractor requirements and worker protections
is available at
https://www.dol.gov/agencies/whd/government-contra
Unlisted classifications needed for work not inclu
the scope of the classifications listed may be add
award only as provided in the labor standards cont
(29CFR 5.5 (a) (1) (iii)).
--------------------------------------------------
The body of each wage determination lists the clas
and wage rates that have been found to be prevaili
cited type(s) of construction in the area covered
determination. The classifications are listed in a
order of ""identifiers"" that indicate whether the
rate is a union rate (current union negotiated rat
a survey rate (weighted average rate) or a union a
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifi
in dotted lines beginning with characters other th
""UAVG"" denotes that the union classification and
prevailing for that classification in the survey.
PLUM0198-005 07/01/2014. PLUM is an abbreviation i
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the union which prevailed in the survey for this
classification, which in this example would be Plu
indicates the local union number or district counc
where applicable, i.e., Plumbers Local 0198. The n
005 in the example, is an internal number used in
the wage determination. 07/01/2014 is the effectiv
most current negotiated rate, which in this exampl
2014.
Union prevailing wage rates are updated to reflect
changes in the collective bargaining agreement (CB
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier
no one rate prevailed for this classification in t
the published rate is derived by computing a weigh
rate based on all the rates reported in the survey
classification. As this weighted average rate inc
rates reported in the survey, it may include both
non-union rates. Example: SULA2012-007 5/13/2014.
the rates are survey rates based on a weighted ave
calculation of rates and are not majority rates. L
the State of Louisiana. 2012 is the year of survey
these classifications and rates are based. The nex
in the example, is an internal number used in prod
wage determination. 5/13/2014 indicates the survey
date for the classifications and rates under that
Survey wage rates are not updated and remain in ef
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier
that no single majority rate prevailed for those
classifications; however, 100% of the data reporte
classifications was union data. EXAMPLE: UAVG-OH-0
08/29/2014. UAVG indicates that the rate is a weig
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average rate. OH indicates the state. The next num
the example, is an internal number used in produci
determination. 08/29/2014 indicates the survey com
for the classifications and rates under that ident
A UAVG rate will be updated once a year, usually i
each year, to reflect a weighted average of the cu
negotiated/CBA rate of the union locals from which
based.
State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier
the prevailing wage rate set by a state (or local)
was adopted under 29 C.F.R � 1.3(g)-(h). Example
01/03/2024. SA reflects that the rates are state a
refers to the State of Maine. 2023 is the year dur
state completed the survey on which the listed cla
and rates are based. The next number, 007 in the e
internal number used in producing the wage determi
01/03/2024 reflects the date on which the classifi
rates under the ?SA? identifier took effect under
the state from which the rates were adopted.
--------------------------------------------------
WAGE DETERMINATION APPEALS PROC
1.) Has there been an initial decision in the matt
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
a wage determination matter
* a conformance (additional classification and ra
On survey related matters, initial contact, includ
for summaries of surveys, should be with the Wage
National Office because National Office has respon
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the Davis-Bacon survey program. If the response fr
initial contact is not satisfactory, then the proc
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for t
process described here, initial contact should be
Branch of Construction Wage Determinations. Write
Branch of Construction Wage Determinat
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, t
interested party (those affected by the action) ca
review and reconsideration from the Wage and Hour
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statem
interested party's position and by any information
payment data, project description, area practice m
etc.) that the requestor considers relevant to the
3.) If the decision of the Administrator is not fa
interested party may appeal directly to the Admini
Review Board (formerly the Wage Appeals Board). W
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Boa
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History
Jul 12, 2024
CA20240026 - Modification 7
Jul 12, 2024
CA20240026 - Modification 6
Jul 05, 2024
CA20240026 - Modification 5
Jun 28, 2024
CA20240026 - Modification 4
May 24, 2024
CA20240026 - Modification 3
Feb 23, 2024
CA20240026 - Modification 2
Feb 09, 2024
CA20240026 - Modification 1
Jan 12, 2024
CA20240026 - Modification 0
==================================================
END OF GENERAL DECISION"
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ATTACHMENT E
Pave-Tech Inc. Bid Sheets
ATTACHMENT F
Municipal Code 2.28.210
ATTACHMENT G
Municipal Code 2.28.040
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: October 15, 2024
Submitted By:
C. Eric Ray, Airport Director
Subject:
Purchase of an Airport Sweeper
Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors approve the purchase of a TYMCO Model 600 Regenerative Air Sweeper in the amount of $400,357.69.
Fiscal Impact:
This action will result in the expenditure of $400,357.69 from budgeted Airport Operations fund 450. The TYMCO Model 600 Regenerative Air Sweeper is priced less than the budgeted amount. The budget for this equipment is as follows:
Fund Current Budget
4500125-55045-95142 Sweeper $425,000
Strategic Plan Goal:
Goal E - Invest in Infrastructure by maintaining airfield pavement. This equipment will allow Airport staff to efficiently remove foreign objects from the runway.
Background:
The airfield at the Southern California Logistics Airport (“SCLA”) consists of two commercial-length runways and nine taxiways that are regularly cleaned on at least a weekly basis, with cleaning occurring more frequently depending on wind, expected usage, and tenant requests. Cleaning the movement areas is an essential requirement to reduce the risk of foreign object debris from becoming ingested into an engine or being flung by a propeller or tire into an aircraft, which could have catastrophic consequences.
The SCLAA currently utilizes a 2001 Elgin Airport Sweeper (“Elgin”) and a 2011 Tymco 3 8
1 7
Airport Sweeper (“Tymco”) to remove foreign object debris hazards from the aircraft movement areas of the SCLA. The Elgin and Tymco perform a similar function to that of a typical street sweeper, but instead of using metal brushes to escort debris into a central vacuum they use aviation friendly plastic brushes, in addition to other aviation friendly design modifications. The use of plastic brushes reduces the risk of foreign object debris generated by the sweeper being left behind on an aircraft movement area.
The Elgin at the Airport is becoming less reliable and more costly to repair due to the many hours of service over its 23-year life. Staff recently noticed that the Elgin was experiencing reduced suction pressure, and a technician explained that the bearings on the main fan blower that generates suction pressure were worn out, causing the fan to require more power to turn while producing lower suction pressure. Replacing the main fan blower is an extensive repair, requiring multiple pieces of the Elgin to be removed and replaced. Staff determined that the labor cost to perform this repair was prohibitive considering the age and other issues with the Elgin.
The Elgin is powered by a 23-year-old diesel engine that has extensive hours of service and no longer complies with ever increasing California emissions standards. As a result of its emissions noncompliance, the vehicle was recently relegated to low-use status, which means that it can only be used for a limited number of hours each year, thus minimizing it’s utility and making it fiscally irresponsible to maintain.
The Elgin and Tymco are used in tandem to efficiently sweep the movement areas, and with the Elgin having reduced capability and reduced hours of operation, the Tymco has taken on the bulk of the sweeping at the SCLA. The Tymco is a capable machine, but it has now reached its 13th year of operation and has been tasked with additional hours of operation since the Elgin has experienced performance and use issues, thus placing the burden of sweeping the airport movement areas squarely on the Tymco. Should the Tymco suffer a mechanical issue that would take it out of service for an extended period of time, the Airport would have to rent a sweeper at considerable cost, if one was even available.
Discussion:
The proposed purchase of a new Tymco Model 600 Regenerative Air Sweeper (“2024 Tymco”) would replace the aging, worn out, and low-use designated Elgin. The 2024 Tymco will ensure staff has reliable equipment to support its maintenance activities.
Additionally, staff anticipates cost savings derived from reduced maintenance cost and productivity gains. Two functional sweepers, the proposed 2024 Tymco and the current 2011 Tymco, will allow Airport staff to work efficiently and to have a critical backup option in the event that one machine becomes inoperable and needs repairs.
To facilitate the procurement of this much needed equipment, the purchase of the 2024 Tymco is proposed through Mar-co Equipment, a dealer for Tymco Inc., and a participant in a cooperative agreement program called Houston-Galveston Area Council (“HGAC”).
HGAC is a public agency that offers a multitude of cooperatively contracted specialized products and equipment to government entities. Per Municipal Code §2.28.120 3 8
1 7
“Purchases of supplies and equipment through cooperative purchasing arrangements” allows for the procurement of equipment directly from vendors engaged in an approved cooperative agreement program without further solicitation. The HGAC Cooperative Agreement has been reviewed and approved by the City of Victorville Purchasing Manager. It fulfills the competitive bidding requirements, thus providing significant savings, and offers contract purchasing solutions from Tymco Inc., to enable buying agencies to work smarter and more efficiently, while streamlining the required purchasing process.
The proposed equipment replacement will benefit the Airport by offering: increased reliability; environmental compliance; improved productivity; and significantly lower maintenance and operational costs. Staff has carefully reviewed the quote from Mar-co Equipment and determined it meets the requirements to properly service the SCLA.
Therefore, staff is requesting the Southern California Logistics Airport Authority Board of Directors approve the purchase of a TYMCO Model 600 Regenerative Air Sweeper in the amount totaling $400,357.69, from Mar-co Equipment.
Staff remains available for any questions or comments you may have.
CER/see
Attachments: A. Mar-co Quote
B. HGAC – Contract #SW04-20
C. Municipal Code 2.28.120
ATTACHMENT A
Mar-co Quote
ATTACHMENT B
HGAC – Contract #SW04-20
Cooperative Agreement - TYMCO, Inc. - Public Services - -