Agenda packet — Victorville City Council, February 4, 2025 (part 2 of 5)

Attachments: A. Payroll Report PPE 110824

Attachment A
Payroll Report PPE 110824
City of Victorville Council Payroll Report Page 1 of 16 11/01/2024 Total Net
$2,733.31
$371.05
$334.66
$409.04
$232.41
$2,703.73
$1,004.38
$325.37
$852.04
$5.00
$67.00
$100.00
$50.00
$50.00
$422.31
$175.00
9,835.30
City of Victorville
City Council Payroll Report
Payroll Period Beginning: October 25, 2024 through November 08, 2024 Checks
Check Number Employee ID Check Date
34366 3502 11/15/2024
34367 3466 11/15/2024
34368 3940 11/15/2024
34369 3938 11/15/2024
34370 3941 11/15/2024
34371 3853 11/15/2024
34372 3937 11/15/2024
34373 3939 11/15/2024
34374 3678 11/15/2024
34375 240 11/15/2024
34376 1182 11/15/2024
34377 1182 11/15/2024
34378 1182 11/15/2024
34379 1182 11/15/2024
34380 13491 11/15/2024
34381 18154 11/15/2024
Checks Total
City of Victorville Council Payroll Report Page 2 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
320895 3934 11/06/2024 $3,078.77
320896 3712 11/06/2024 $2,787.01
320897 3908 11/13/2024 $6,086.97
320898 3396 11/15/2024 $2,360.23
320899 1099 11/15/2024 $1,121.31
320900 3243 11/15/2024 $5,713.13
320901 2115 11/15/2024 $5,985.49
320902 3142 11/15/2024 $1,810.02
320903 3640 11/15/2024 $2,022.40
320904 3527 11/15/2024 $2,292.17
320905 3297 11/15/2024 $754.67
320906 3551 11/15/2024 $677.43
320907 3458 11/15/2024 $343.38
320908 3229 11/15/2024 $4,996.49
320909 3290 11/15/2024 $2,331.27
320910 1064 11/15/2024 $7,964.69
320911 3809 11/15/2024 $1,761.67
320912 3467 11/15/2024 $2,447.78
320913 3909 11/15/2024 $2,375.87
320914 1706 11/15/2024 $4,328.37
320915 2395 11/15/2024 $4,222.14
320916 3764 11/15/2024 $2,579.86
320917 2211 11/15/2024 $5,751.65
320918 3747 11/15/2024 $1,996.86
320919 3625 11/15/2024 $1,605.86
320920 2624 11/15/2024 $2,969.74
320921 3043 11/15/2024 $2,388.74
320922 3403 11/15/2024 $2,334.66
320923 1748 11/15/2024 $2,530.47
320924 3848 11/15/2024 $1,586.24
320925 3913 11/15/2024 $2,036.38
320926 3019 11/15/2024 $5,116.27
320927 3638 11/15/2024 $4,481.42
320928 3561 11/15/2024 $2,683.61
320929 3920 11/15/2024 $2,298.65
320930 3630 11/15/2024 $2,026.12
320931 2366 11/15/2024 $1,954.44
320932 3750 11/15/2024 $2,197.63
320933 3835 11/15/2024 $2,263.36
320934 3521 11/15/2024 $2,674.83
320935 2093 11/15/2024 $1,649.00
320936 2019 11/15/2024 $2,582.45
320937 3753 11/15/2024 $2,781.64
320938 3915 11/15/2024 $4,254.79
Advices
City of Victorville Council Payroll Report Page 3 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
320939 3917 11/15/2024 $2,240.98
320940 3744 11/15/2024 $2,439.38
320941 2606 11/15/2024 $2,387.10
320942 3660 11/15/2024 $1,693.97
320943 3914 11/15/2024 $2,287.64
320944 1635 11/15/2024 $4,210.14
320945 3327 11/15/2024 $2,393.88
320946 3752 11/15/2024 $2,067.61
320947 3912 11/15/2024 $1,653.19
320948 3911 11/15/2024 $1,949.12
320949 2618 11/15/2024 $2,487.33
320950 3845 11/15/2024 $3,924.11
320951 2619 11/15/2024 $2,440.85
320952 2603 11/15/2024 $1,876.38
320953 2491 11/15/2024 $2,379.91
320954 2235 11/15/2024 $2,186.58
320955 3916 11/15/2024 $2,314.66
320956 3889 11/15/2024 $1,758.89
320957 3045 11/15/2024 $2,307.80
320958 3755 11/15/2024 $2,055.10
320959 3608 11/15/2024 $4,110.13
320960 3758 11/15/2024 $3,486.72
320961 3817 11/15/2024 $1,924.26
320962 3362 11/15/2024 $2,948.73
320963 2297 11/15/2024 $2,597.83
320964 2232 11/15/2024 $2,806.60
320965 1957 11/15/2024 $2,946.25
320966 3246 11/15/2024 $4,050.84
320967 2042 11/15/2024 $5,405.35
320968 3714 11/15/2024 $2,002.71
320969 3742 11/15/2024 $2,307.73
320970 3849 11/15/2024 $3,983.27
320971 3863 11/15/2024 $2,356.01
320972 3879 11/15/2024 $2,311.91
320973 3846 11/15/2024 $4,259.54
320974 3697 11/15/2024 $5,589.82
320975 3868 11/15/2024 $3,455.31
320976 2102 11/15/2024 $3,276.09
320977 2233 11/15/2024 $3,121.13
320978 3653 11/15/2024 $2,603.90
320979 3727 11/15/2024 $2,216.47
320980 3865 11/15/2024 $2,128.32
320981 2032 11/15/2024 $3,681.35
320982 3869 11/15/2024 $2,022.91
320983 3499 11/15/2024 $3,090.69
320984 3924 11/15/2024 $3,520.06
City of Victorville Council Payroll Report Page 4 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
320985 3867 11/15/2024 $2,115.35
320986 2323 11/15/2024 $3,626.89
320987 1767 11/15/2024 $2,892.39
320988 3508 11/15/2024 $2,412.66
320989 3740 11/15/2024 $1,753.60
320990 2225 11/15/2024 $4,402.32
320991 3544 11/15/2024 $2,336.37
320992 3221 11/15/2024 $2,725.24
320993 3627 11/15/2024 $3,236.22
320994 3757 11/15/2024 $3,657.95
320995 1533 11/15/2024 $2,353.35
320996 2833 11/15/2024 $2,409.00
320997 3700 11/15/2024 $2,400.91
320998 3652 11/15/2024 $2,387.81
320999 1426 11/15/2024 $1,146.87
321000 3703 11/15/2024 $2,286.29
321001 2254 11/15/2024 $3,524.86
321002 3618 11/15/2024 $2,242.38
321003 3354 11/15/2024 $4,402.98
321004 3623 11/15/2024 $1,201.47
321005 3400 11/15/2024 $2,893.61
321006 3547 11/15/2024 $1,228.73
321007 3933 11/15/2024 $1,220.49
321008 3673 11/15/2024 $1,278.40
321009 3702 11/15/2024 $2,149.28
321010 2742 11/15/2024 $2,926.16
321011 3934 11/15/2024 $4,386.10
321012 3746 11/15/2024 $2,489.48
321013 3089 11/15/2024 $3,432.16
321014 3641 11/15/2024 $2,071.56
321015 3672 11/15/2024 $1,201.47
321016 3854 11/15/2024 $3,287.87
321017 3634 11/15/2024 $2,630.95
321018 3805 11/15/2024 $2,400.97
321019 2249 11/15/2024 $5,051.51
321020 3650 11/15/2024 $1,737.16
321021 3876 11/15/2024 $2,508.51
321022 3663 11/15/2024 $1,801.70
321023 3541 11/15/2024 $2,610.97
321024 2499 11/15/2024 $3,459.78
321025 3379 11/15/2024 $2,442.82
321026 3694 11/15/2024 $2,753.91
321027 3737 11/15/2024 $2,576.23
321028 2105 11/15/2024 $4,975.30
321029 3474 11/15/2024 $3,283.83
321030 2515 11/15/2024 $3,100.90
City of Victorville Council Payroll Report Page 5 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321031 3636 11/15/2024 $2,830.98
321032 2679 11/15/2024 $2,833.71
321033 3490 11/15/2024 $3,096.34
321034 3475 11/15/2024 $2,504.18
321035 2181 11/15/2024 $2,966.68
321036 3353 11/15/2024 $2,902.25
321037 3735 11/15/2024 $4,109.89
321038 3930 11/15/2024 $1,201.47
321039 3880 11/15/2024 $1,258.56
321040 3542 11/15/2024 $2,383.57
321041 3731 11/15/2024 $2,407.89
321042 1955 11/15/2024 $3,092.61
321043 1632 11/15/2024 $2,463.01
321044 3736 11/15/2024 $3,259.58
321045 3692 11/15/2024 $2,667.95
321046 3147 11/15/2024 $3,085.22
321047 3881 11/15/2024 $1,228.73
321048 3732 11/15/2024 $2,591.45
321049 3148 11/15/2024 $2,805.89
321050 3808 11/15/2024 $3,464.24
321051 3195 11/15/2024 $2,372.86
321052 3884 11/15/2024 $1,228.73
321053 3626 11/15/2024 $2,745.97
321054 3602 11/15/2024 $2,461.88
321055 3112 11/15/2024 $2,298.99
321056 1970 11/15/2024 $2,793.12
321057 3185 11/15/2024 $2,537.20
321058 1520 11/15/2024 $2,675.93
321059 2605 11/15/2024 $2,595.07
321060 3505 11/15/2024 $5,843.68
321061 2540 11/15/2024 $4,392.78
321062 2377 11/15/2024 $3,020.26
321063 1079 11/15/2024 $2,695.56
321064 2259 11/15/2024 $3,930.79
321065 2312 11/15/2024 $2,379.22
321066 3510 11/15/2024 $2,470.73
321067 3637 11/15/2024 $2,861.13
321068 3628 11/15/2024 $2,426.87
321069 3068 11/15/2024 $2,048.29
321070 3633 11/15/2024 $3,195.92
321071 3129 11/15/2024 $3,575.31
321072 3816 11/15/2024 $2,832.66
321073 1998 11/15/2024 $2,966.48
321074 2111 11/15/2024 $2,530.77
321075 3543 11/15/2024 $2,093.97
321076 3303 11/15/2024 $4,056.48
City of Victorville Council Payroll Report Page 6 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321077 3802 11/15/2024 $2,763.47
321078 3558 11/15/2024 $2,864.82
321079 1655 11/15/2024 $4,140.52
321080 3361 11/15/2024 $2,408.84
321081 3285 11/15/2024 $4,402.32
321082 1529 11/15/2024 $1,996.06
321083 3346 11/15/2024 $2,197.49
321084 1776 11/15/2024 $3,260.73
321085 2600 11/15/2024 $2,700.66
321086 3192 11/15/2024 $2,156.22
321087 2655 11/15/2024 $1,720.49
321088 3393 11/15/2024 $2,054.78
321089 3749 11/15/2024 $1,957.13
321090 2798 11/15/2024 $2,490.45
321091 2522 11/15/2024 $1,888.81
321092 3265 11/15/2024 $2,143.03
321093 2339 11/15/2024 $2,373.03
321094 3878 11/15/2024 $3,360.80
321095 1503 11/15/2024 $3,192.28
321096 2505 11/15/2024 $3,244.41
321097 3113 11/15/2024 $2,742.09
321098 3273 11/15/2024 $2,790.29
321099 1497 11/15/2024 $3,285.75
321100 3537 11/15/2024 $3,301.74
321101 2192 11/15/2024 $1,885.23
321102 3513 11/15/2024 $2,579.08
321103 3685 11/15/2024 $2,105.34
321104 2034 11/15/2024 $2,863.09
321105 3380 11/15/2024 $2,467.72
321106 3852 11/15/2024 $1,445.31
321107 3051 11/15/2024 $2,858.79
321108 1750 11/15/2024 $2,399.31
321109 2770 11/15/2024 $1,963.08
321110 2228 11/15/2024 $2,764.68
321111 3827 11/15/2024 $3,254.68
321112 3726 11/15/2024 $2,364.47
321113 3748 11/15/2024 $2,232.50
321114 3101 11/15/2024 $2,708.38
321115 3335 11/15/2024 $2,297.90
321116 3284 11/15/2024 $3,444.61
321117 3840 11/15/2024 $2,363.57
321118 3621 11/15/2024 $1,807.93
321119 2248 11/15/2024 $2,038.86
321120 1588 11/15/2024 $2,236.08
321121 3788 11/15/2024 $1,990.43
321122 2189 11/15/2024 $3,099.63
City of Victorville Council Payroll Report Page 7 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321123 3560 11/15/2024 $2,163.79
321124 3509 11/15/2024 $2,277.88
321125 3226 11/15/2024 $2,259.81
321126 1121 11/15/2024 $2,588.54
321127 3149 11/15/2024 $3,133.85
321128 1865 11/15/2024 $2,247.37
321129 3479 11/15/2024 $1,796.44
321130 1723 11/15/2024 $2,579.30
321131 3296 11/15/2024 $2,659.86
321132 3707 11/15/2024 $2,436.43
321133 2531 11/15/2024 $4,395.79
321134 1513 11/15/2024 $1,817.13
321135 3283 11/15/2024 $3,318.25
321136 2118 11/15/2024 $1,258.35
321137 3387 11/15/2024 $2,080.74
321138 3330 11/15/2024 $2,503.50
321139 2681 11/15/2024 $3,960.10
321140 1612 11/15/2024 $1,812.23
321141 3610 11/15/2024 $2,283.86
321142 3277 11/15/2024 $2,197.58
321143 3287 11/15/2024 $2,102.47
321144 3037 11/15/2024 $2,658.69
321145 1449 11/15/2024 $3,228.39
321146 2677 11/15/2024 $5,606.88
321147 3688 11/15/2024 $1,797.10
321148 3341 11/15/2024 $1,991.52
321149 1137 11/15/2024 $1,914.36
321150 2383 11/15/2024 $2,024.73
321151 3687 11/15/2024 $1,721.31
321152 3130 11/15/2024 $1,895.48
321153 2489 11/15/2024 $2,888.89
321154 3624 11/15/2024 $2,342.27
321155 3139 11/15/2024 $2,079.77
321156 3099 11/15/2024 $2,614.96
321157 2696 11/15/2024 $1,780.28
321158 3536 11/15/2024 $4,204.30
321159 3722 11/15/2024 $1,987.16
321160 1254 11/15/2024 $2,086.63
321161 3187 11/15/2024 $2,247.97
321162 3804 11/15/2024 $2,559.90
321163 2368 11/15/2024 $2,212.26
321164 3100 11/15/2024 $3,533.83
321165 3796 11/15/2024 $1,632.28
321166 1338 11/15/2024 $3,948.24
321167 2229 11/15/2024 $1,878.83
321168 1049 11/15/2024 $2,405.73
City of Victorville Council Payroll Report Page 8 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321169 3586 11/15/2024 $2,136.41
321170 1506 11/15/2024 $2,007.11
321171 3004 11/15/2024 $2,693.53
321172 1932 11/15/2024 $1,883.57
321173 3279 11/15/2024 $4,260.19
321174 2460 11/15/2024 $2,253.97
321175 3874 11/15/2024 $2,263.04
321176 3671 11/15/2024 $1,909.36
321177 2732 11/15/2024 $1,870.20
321178 3338 11/15/2024 $1,690.74
321179 2552 11/15/2024 $2,533.71
321180 2476 11/15/2024 $3,771.82
321181 2279 11/15/2024 $2,715.45
321182 3515 11/15/2024 $5,492.70
321183 3092 11/15/2024 $2,678.66
321184 3836 11/15/2024 $2,123.81
321185 3138 11/15/2024 $3,265.53
321186 3146 11/15/2024 $3,028.19
321187 2590 11/15/2024 $2,909.65
321188 2748 11/15/2024 $2,116.19
321189 3709 11/15/2024 $2,837.97
321190 2669 11/15/2024 $3,426.80
321191 2623 11/15/2024 $2,073.15
321192 2637 11/15/2024 $2,482.70
321193 2638 11/15/2024 $2,884.36
321194 3803 11/15/2024 $2,103.01
321195 3109 11/15/2024 $2,815.07
321196 2671 11/15/2024 $2,999.04
321197 2593 11/15/2024 $2,773.57
321198 3328 11/15/2024 $3,112.77
321199 3461 11/15/2024 $2,025.89
321200 2626 11/15/2024 $2,580.40
321201 3038 11/15/2024 $2,931.02
321202 3052 11/15/2024 $1,996.15
321203 2290 11/15/2024 $2,087.64
321204 3716 11/15/2024 $2,349.27
321205 3110 11/15/2024 $2,780.33
321206 2641 11/15/2024 $2,017.47
321207 2612 11/15/2024 $2,512.72
321208 3698 11/15/2024 $1,536.86
321209 2642 11/15/2024 $2,410.48
321210 3705 11/15/2024 $1,993.67
321211 3331 11/15/2024 $1,746.94
321212 2674 11/15/2024 $2,231.20
321213 3231 11/15/2024 $2,523.01
321214 3228 11/15/2024 $2,761.54
City of Victorville Council Payroll Report Page 9 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321215 2628 11/15/2024 $2,669.33
321216 2630 11/15/2024 $2,997.97
321217 3182 11/15/2024 $3,872.25
321218 2599 11/15/2024 $2,799.26
321219 2683 11/15/2024 $2,271.01
321220 2753 11/15/2024 $2,408.72
321221 2610 11/15/2024 $3,464.81
321222 3323 11/15/2024 $1,880.34
321223 1389 11/15/2024 $2,941.20
321224 2808 11/15/2024 $2,166.31
321225 2646 11/15/2024 $3,734.79
321226 3617 11/15/2024 $2,974.36
321227 2524 11/15/2024 $3,508.41
321228 2686 11/15/2024 $2,264.49
321229 2193 11/15/2024 $2,314.92
321230 3322 11/15/2024 $2,314.97
321231 3629 11/15/2024 $2,697.38
321232 3230 11/15/2024 $3,936.28
321233 2038 11/15/2024 $1,740.93
321234 2678 11/15/2024 $4,019.99
321235 3240 11/15/2024 $2,673.08
321236 3743 11/15/2024 $1,904.89
321237 3215 11/15/2024 $2,872.26
321238 3140 11/15/2024 $3,285.04
321239 3035 11/15/2024 $3,253.71
321240 3651 11/15/2024 $2,317.68
321241 3769 11/15/2024 $430.21
321242 3299 11/15/2024 $2,168.14
321243 3765 11/15/2024 $239.00
321244 1853 11/15/2024 $2,881.92
321245 3729 11/15/2024 $1,704.95
321246 2343 11/15/2024 $1,484.03
321247 3821 11/15/2024 $1,078.74
321248 3497 11/15/2024 $1,917.54
321249 3503 11/15/2024 $3,025.70
321250 3105 11/15/2024 $1,909.07
321251 3579 11/15/2024 $1,052.59
321252 3386 11/15/2024 $2,620.51
321253 3925 11/15/2024 $1,284.48
321254 3792 11/15/2024 $1,046.64
321255 3191 11/15/2024 $2,362.17
321256 3931 11/15/2024 $1,980.68
321257 3922 11/15/2024 $1,699.16
321258 2488 11/15/2024 $1,158.45
321259 3496 11/15/2024 $1,197.05
321260 3120 11/15/2024 $1,038.83
City of Victorville Council Payroll Report Page 10 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321261 3778 11/15/2024 $438.18
321262 3482 11/15/2024 $1,925.73
321263 3611 11/15/2024 $1,298.11
321264 3724 11/15/2024 $1,201.47
321265 3011 11/15/2024 $1,797.44
321266 3768 11/15/2024 $366.47
321267 3580 11/15/2024 $1,572.13
321268 3873 11/15/2024 $2,289.79
321269 3270 11/15/2024 $2,176.91
321270 3263 11/15/2024 $2,137.18
321271 3622 11/15/2024 $1,215.10
321272 3795 11/15/2024 $1,325.22
321273 3252 11/15/2024 $2,726.97
321274 3295 11/15/2024 $2,013.80
321275 3257 11/15/2024 $2,452.23
321276 3184 11/15/2024 $4,031.89
321277 3927 11/15/2024 $1,292.96
321278 3070 11/15/2024 $2,243.46
321279 3657 11/15/2024 $981.80
321280 3689 11/15/2024 $1,800.67
321281 3288 11/15/2024 $1,818.03
321282 3767 11/15/2024 $446.14
321283 1866 11/15/2024 $3,016.23
321284 3791 11/15/2024 $1,215.10
321285 3572 11/15/2024 $1,318.85
321286 3664 11/15/2024 $966.21
321287 3936 11/15/2024 $550.06
321288 3772 11/15/2024 $382.41
321289 3766 11/15/2024 $462.08
321290 3918 11/15/2024 $850.23
321291 3822 11/15/2024 $1,215.10
321292 1282 11/15/2024 $2,430.01
321293 3481 11/15/2024 $2,173.12
321294 2379 11/15/2024 $2,126.39
321295 3655 11/15/2024 $980.64
321296 3813 11/15/2024 $853.44
321297 3656 11/15/2024 $935.09
321298 3789 11/15/2024 $4,538.63
321299 3793 11/15/2024 $1,208.28
321300 3903 11/15/2024 $199.17
321301 3775 11/15/2024 $302.74
321302 2478 11/15/2024 $1,138.22
321303 3919 11/15/2024 $851.81
321304 3882 11/15/2024 $1,215.10
321305 1287 11/15/2024 $2,806.26
321306 3929 11/15/2024 $1,228.73
City of Victorville Council Payroll Report Page 11 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321307 3667 11/15/2024 $159.33
321308 2711 11/15/2024 $1,848.93
321309 3900 11/15/2024 $334.61
321310 3798 11/15/2024 $1,215.10
321311 3258 11/15/2024 $1,994.63
321312 3259 11/15/2024 $1,621.25
321313 3573 11/15/2024 $1,979.50
321314 3507 11/15/2024 $2,391.55
321315 3790 11/15/2024 $1,265.35
321316 3531 11/15/2024 $3,629.47
321317 3814 11/15/2024 $1,051.76
321318 3639 11/15/2024 $1,722.56
321319 3895 11/15/2024 $278.84
321320 3587 11/15/2024 $981.80
321321 3901 11/15/2024 $71.70
321322 3669 11/15/2024 $458.93
321323 3029 11/15/2024 $1,959.95
321324 3190 11/15/2024 $3,019.89
321325 1959 11/15/2024 $3,432.01
321326 3250 11/15/2024 $1,818.02
321327 3824 11/15/2024 $1,215.10
321328 3812 11/15/2024 $847.54
321329 3609 11/15/2024 $1,158.68
321330 3770 11/15/2024 $418.27
321331 3794 11/15/2024 $1,215.10
321332 3492 11/15/2024 $22.76
321333 3691 11/15/2024 $973.84
321334 3866 11/15/2024 $1,264.65
321335 3910 11/15/2024 $563.93
321336 3725 11/15/2024 $1,215.10
321337 3576 11/15/2024 $1,152.17
321338 3647 11/15/2024 $127.47
321339 3566 11/15/2024 $621.60
321340 3777 11/15/2024 $71.70
321341 3511 11/15/2024 $2,183.83
321342 3823 11/15/2024 $1,071.93
321343 3368 11/15/2024 $2,047.18
321344 2006 11/15/2024 $3,398.42
321345 3761 11/15/2024 $3,078.58
321346 2684 11/15/2024 $1,482.28
321347 3923 11/15/2024 $1,596.04
321348 3079 11/15/2024 $1,895.35
321349 1966 11/15/2024 $2,533.12
321350 3844 11/15/2024 $2,094.96
321351 3388 11/15/2024 $2,613.10
321352 2355 11/15/2024 $2,424.42
City of Victorville Council Payroll Report Page 12 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321353 3696 11/15/2024 $2,849.16
321354 3500 11/15/2024 $3,642.50
321355 3620 11/15/2024 $1,650.97
321356 3654 11/15/2024 $1,864.23
321357 2039 11/15/2024 $1,947.68
321358 3838 11/15/2024 $2,135.02
321359 3281 11/15/2024 $2,077.88
321360 3550 11/15/2024 $3,047.95
321361 3348 11/15/2024 $2,267.35
321362 3862 11/15/2024 $1,835.97
321363 3807 11/15/2024 $2,164.37
321364 3081 11/15/2024 $2,268.36
321365 3523 11/15/2024 $4,446.39
321366 3271 11/15/2024 $2,058.24
321367 3017 11/15/2024 $5,037.88
321368 3883 11/15/2024 $1,348.35
321369 3512 11/15/2024 $2,524.95
321370 2027 11/15/2024 $1,276.99
321371 2330 11/15/2024 $3,302.84
321372 2795 11/15/2024 $1,080.82
321373 3888 11/15/2024 $2,051.26
321374 3437 11/15/2024 $3,285.44
321375 3421 11/15/2024 $3,071.50
321376 3439 11/15/2024 $3,723.81
321377 3440 11/15/2024 $2,497.62
321378 3441 11/15/2024 $1,924.47
321379 3473 11/15/2024 $3,442.81
321380 3820 11/15/2024 $3,260.59
321381 3406 11/15/2024 $9,318.19
321382 3422 11/15/2024 $4,431.47
321383 3442 11/15/2024 $6,019.25
321384 3433 11/15/2024 $5,681.08
321385 3424 11/15/2024 $2,628.59
321386 3414 11/15/2024 $5,569.14
321387 3704 11/15/2024 $6,714.68
321388 3734 11/15/2024 $5,075.03
321389 3832 11/15/2024 $3,115.79
321390 3799 11/15/2024 $2,734.48
321391 3886 11/15/2024 $5,306.98
321392 3443 11/15/2024 $2,890.05
321393 3600 11/15/2024 $3,783.60
321394 3711 11/15/2024 $5,251.11
321395 3928 11/15/2024 $3,988.04
321396 3715 11/15/2024 $3,483.76
321397 3444 11/15/2024 $3,096.47
321398 3583 11/15/2024 $2,574.86
City of Victorville Council Payroll Report Page 13 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321399 3594 11/15/2024 $3,151.29
321400 3935 11/15/2024 $1,912.24
321401 3409 11/15/2024 $2,410.62
321402 3856 11/15/2024 $3,699.17
321403 3426 11/15/2024 $6,113.50
321404 3860 11/15/2024 $2,200.67
321405 3642 11/15/2024 $2,601.41
321406 3584 11/15/2024 $2,648.28
321407 3538 11/15/2024 $2,271.18
321408 3410 11/15/2024 $2,729.42
321409 3828 11/15/2024 $6,190.00
321410 3447 11/15/2024 $2,099.44
321411 3427 11/15/2024 $4,491.76
321412 3411 11/15/2024 $4,701.87
321413 3448 11/15/2024 $2,272.25
321414 3719 11/15/2024 $1,778.60
321415 3833 11/15/2024 $6,265.82
321416 3518 11/15/2024 $1,847.78
321417 3449 11/15/2024 $4,358.07
321418 3428 11/15/2024 $4,188.66
321419 3858 11/15/2024 $1,883.27
321420 3429 11/15/2024 $2,595.56
321421 3451 11/15/2024 $4,693.26
321422 3595 11/15/2024 $4,560.12
321423 3430 11/15/2024 $3,648.80
321424 3452 11/15/2024 $6,931.91
321425 3417 11/15/2024 $2,471.61
321426 3085 11/15/2024 $2,442.65
321427 3431 11/15/2024 $5,054.65
321428 3242 11/15/2024 $3,089.78
321429 3857 11/15/2024 $2,402.24
321430 3419 11/15/2024 $4,383.08
321431 3524 11/15/2024 $4,253.45
321432 3412 11/15/2024 $4,729.29
321433 3829 11/15/2024 $3,835.19
321434 3420 11/15/2024 $4,091.92
321435 3921 11/15/2024 $6,638.55
321436 3435 11/15/2024 $5,543.00
321437 3800 11/15/2024 $4,265.67
321438 3432 11/15/2024 $5,050.10
321439 3408 11/15/2024 $6,613.05
321440 3456 11/15/2024 $3,432.59
321441 3859 11/15/2024 $3,837.78
321442 3763 11/15/2024 $3,185.47
321443 3591 11/15/2024 $3,400.97
321444 3392 11/15/2024 $4,385.18
City of Victorville Council Payroll Report Page 14 of 16 11/15/2024 Check Number Employee ID Check Date Total Net
Advices
321445 3855 11/15/2024 $2,600.46
321446 3831 11/15/2024 $4,228.62
321447 3434 11/15/2024 $2,430.64
321448 3765 11/15/2024 $179.26
Advices Total 1,443,523.10
City of Victorville Council Payroll Report Page 15 of 16 11/15/2024 Check Date Total Gross
IRS 11/07/2024 $983.93
IRS 11/13/2024 $1,918.29
IRS 11/15/2024 $251,537.78
State Taxes 11/06/2024 $76.98
State Taxes 11/13/2024 $643.80
State Taxes 11/15/2024 $71,569.21
CASDU 11/15/2024 $3,882.63
Deferred Comp (457) 11/18/2024 $90,789.32
Deferred Comp (401a) 11/18/2024 $301.05
PERS 11/18/2024 $370,090.33
Confidential Garnishment 11/14/2024 $423.00
VV Firefighter's Union 11/14/2024 $6,820.00
Electronic Vendor Payments Total 799,036.32
Electronic Vendor Payments
Vendor
City of Victorville Council Payroll Report Page 16 of 16 11/15/2024 Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: February 4, 2025
Submitted By:

Carmen Cun, Finance Director / City Treasurer
Mazharul Islam, Technology Officer

Subject:

Selectron Technologies, Inc. Master Services and Hosting Agreement Recommendation:

That the Honorable City Council approve, and authorize the City Manager to sign, a five- year Master Services and Hosting Agreement by and between the City of Victorville and Selectron Technologies, Inc., in an amount not to exceed $450,963.12, for the implementation of the utility billing Interactive Voice Response (IVR) phone services; and authorize the City Attorney to make non-substantiative changes to said agreement, as may be necessary.

Fiscal Impact:

This proposed action would result in a fiscal impact of $450,963.12 over a 5-year period.

The expenditures for the first year would be $106,879.68 as referenced in the annual breakdown below. This includes a one-time cost in the first year to initially upgrade Selectron IVR to a cloud-based platform.
5-Year Contract Year 1 Year 2 Year 3
Initial Upgrade $72,364.32 $0.00 $0.00
Hosting Services $14,405.86 $14,405.86 $14,405.86
Support & Maintenance $22,850.00 $23,535.00 $24,240.00
Message Bundle for Relay Channels $0.00 $47,000.00 $47,000.00

2.5% Discount -$2,740.50 $0.00 $0.00
Annual Total $106,879.68 $84,940.86 $85,645.86
5-Year Contract Year 4 Year 5 5 Yr. Total
Initial Upgrade $0.00 $0.00 $72,364.32
Hosting Services $14,405.86 $14,405.86 $72,029.30
Support & Maintenance $24,970.00 $25,715.00 $121,310.00 Message Bundle for Relay Channels $47,000.00 $47,000.00 $188,000.00

2.5% Discount $0.00 $0.00 -$2,740.50
3 9
3 3
Annual Total $86,375.86 $87,120.86 $450,963.12
The expenditures for the first year have been budgeted in the current fiscal year under account code 1001557-52300, IT Communication Systems Contract Services.

Strategic Plan Goal:

This item aligns with Strategic Goal A. Financial Sustainability – foster fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. Selectron Technologies, Inc. (Selectron) IVR services provides an additional method of processing utility bill payments while enhancing the customers’ service experience.

Background:

On January 2, 2013, the City Council approved the original agreement with Selectron for IVR services. Implementation of IVR services required integration between Selectron and the City’s Enterprise Resource Planning (ERP) system, Enterprise ERP, formerly known as Munis, a Tyler Technologies product. This integration allowed City of Victorville customers to access the following services on their utility billing accounts:

1. Process a credit card payment over the phone

2. Check account balances due

3. Review billing and payment history

4. Navigate menus using bilingual voice responses in Spanish These services were available to customers 24 hours a day, 7 days a week, 365 days a year. Additionally, Billing staff were also able to send outgoing campaigns to customers through the IVR service. Over time, this service became heavily relied upon by the City’s customers, which in turn helped reduce call volume and call wait times during business hours.

In July of 2024, the City migrated to Tyler Technologies’ cloud-based Enterprise ERP solution. Due to the cloud migration, City staff must re-integrate various 3rd party software solutions with Enterprise ERP to restore functionality. This includes the Selectron IVR service.

Discussion:

If approved, this agreement with Selectron Technologies would include an initial upgrade to Selectron’s cloud-based platform in the first year. This would allow for the re-integration of Selectron’s IVR software with the City’s Enterprise ERP system and restore IVR services for utility billing customers with the added option to offer e-checks should the City ever decide to implement this in the future.

Selectron Technologies, Inc. is an approved General Services Administration (GSA) vendor, under Contract Number GS-35F-0315X. The GSA is a cooperative purchasing agency that pre-screens and vets bidding agencies to guarantee the best pricing and services to local government. Pursuant to Victorville Municipal Code (VMC) §2.28.100(b)(3), bidding procedures under this section may be dispensed for the purchase of general services or supplies and equipment with an estimated cost in excess 3 9
3 3
of fifty thousand dollars where the general services, supplies, or equipment are purchased through a cooperative purchasing arrangement. Pursuant to VMC §2.28.120(a)(1), City Council approval must still be obtained for the purchases of supplies and equipment through cooperative purchasing arrangements in excess of one hundred twenty-five thousand dollars.

Selectron IVR became a service option that the City’s utility billing customers came to rely on heavily. As such, staff would like to re-integrate this service, allowing the City to provide customers with an additional method of processing utility bill payments while enhancing the customers’ service experience. For these reasons, staff recommends that the City Council approve, and authorize the City Manager to sign, a Master Services and Hosting Agreement to Selectron Technologies, Inc. in the not to exceed amount of $450,963.12 over the next five years for IVR services; and authorize the City Attorney to make non- substantiative changes to said agreement, as may be necessary. .

Staff are available for any questions the Council may have.

Attachments: A. Master Services and Hosting Agreement
B. Quote #WE6649H
C. GSA Contract #GS-35F-0315X

ATTACHMENT A
Master Services and Hosting
Agreement

Master Services and Hosting Agreement
This Master Services and Hosting Agreement (this “ Agreement”) by and between Selectron Technologies, Inc., an Oregon corporation having a principal place of business at 12323 SW 66th Avenue, Portland, OR 97223, and its successors and assigns (“Selectron”), and City of Victorville, California (“Licensee”).

Recitals
Whereas, as between Selectron and Licensee, Selectron is the owner of all rights, titles, and interest in and to certain software and materials, identified more particularly in this Agreement as the “Licensed Software”; and Whereas, Selectron wishes to gr ant to Licensee, and Licensee desires to obtain from Selectron, certain rights to access and use, and to permit authorized Licensee employees to access and use the Licensed Software through Selectron’s application hosting service, as more particularly described below and in accordance with the terms and conditions of this Agreement.

Now, Therefore, in consideration of the mutual promises and covenants contained herein, the parties agree to the following terms and conditions, which set forth the rights, duties and obligations of the parties:

Agreement

1. Definitions
For purposes of this Agreement, the following terms shall have the following meanings. Any capitalized terms used in this Agreement that are not defined in this Section 1 shall have the meaning given to them elsewhere in this
Agreement.

1.1 “Aggregate Data ” means information,
data, and statistics about a group of individuals,
organizations, or transactions that cannot be used to
identify Licensee or a particular indiv idual, including Licensee Data that has been de-identified and anonymized and combined with data about other individuals and
transactions.

1.2 “Authorized User” means an Employee
that Licensee provides with access to the Licensed
Software.

1.3 “Customer Tools ” mea ns the Licensed
Software components and interfaces that, as described in the Documentation, are designed and intended to be
accessed by customers of Licensee through an application that is set up and maintained as part of the Services and/or Licensee’s website.

1.4 “Derivative Work” shall mean a new or
modified work that is based on or derived from a
preexisting work, including, without limitation, a work that in the absence of a license, would infringe the Intellectual Property Rights associated with such preexisting work.

1.5 “Documentation” shall mean the
standard documentation for the Licensed Software, as
generally provided by Selectron to its other customers.

1.6 “Employee” shall mean a then -current
employee of Licensee.

1.7 “Intellectual Property Rights ” shall
mean all rights associated with (a) patents, designs,
algorithms, and other industrial property rights; (b) works of authorship, including copyrights, “moral rights”, and derivative works thereof; (c) the protection of trade and industrial secrets and confid ential information;
(d) Trademarks (as defined herein); (e) all other
intellectual and industrial property rights (of every kind and nature throughout the world and however
designated), whether arising by operation of law, contract, license, or otherwise; and (f) all registrations, initial applications, divisions, continuations, renewals,
extensions, divisions, and re -issuances of any of the
foregoing, now existing or acquired in the future.

1.8 “Licensed Software ” shall mean,
collectively, (a) the software pro grams that are listed in Exhibit A and further described in Exhibit C ; (b) the Documentation; and (c) any Updates.

1.9 “Licensee Data ” means structured data
about and identifiable to customers of Licensee, including without limitation data about transactions b etween such customers and Licensee, (a) that Licensee provides to
Selectron to enable Selectron to provide the Licensed
Software and the Services, (b) that Selectron collects from Licensee’s customers to facilitate payments by those
customers to Licensee, or (c) that Selectron otherwise
collects or creates, including by automated means, in the course of performing the Services or providing the
Licensed Software to Licensee.

1.10 “PCI Data ” means Cardholder Data
(including, without limitation, Primary Account Num ber, cardholder name, expiration date, and Service Code) and Sensitive Authentication Data (including without limitation full magnetic stripe data or the equivalent on a chip,
CAV2/CVC2/CW2/CID, PINs/PIN block), as such terms are
defined by the PCI Security Standards Council.

1.11 “Security Incident ” means a breach of
security resulting in an unauthorized third party gaining access to Licensee Data if (a) such breach creates a
substantial risk of harm to Licensee or any individual(s) and (b) the Licensee Data was accessed in unencrypted, usable, or readable form or it is reasonably likely that the
unauthorized third party has acquired or will acquire the decryption key or other means of converting the Licensee Data to readable or usable form.

1.12 “Services” means the outbound call
management, customization, training, set -up,
configuration, or other services listed in Exhibit A and further described in Exhibit C hereto, the Technical
Support Services, and any other services Selectron
provides to Licensee as described herein.

1.13 “Technical Support Services” means the
maintenance and technical support services described in Exhibit B hereto.

1.14 “Term” shall have the meaning set forth
in Section 11.1.

1.15 “Trademarks” shall mean (a) the
trademarks, trade names, and service marks used by a
party, whether registered or unregistered; (b) the
respective stylistic marks and distinctive logotypes for such trademarks, trade names, a nd service marks; (c) such
other marks and logotypes as either party may designate from time to time in writing; and (d) the goodwill
connected with the use of and symbolized by any of the
foregoing.

1.16 “Updates” shall mean any modifications,
error corrections, bug fixes, new releases, or other updates of or to Licensed Software, including the Documentation, that may be provided or otherwise made available
hereunder by Selectron to Licensee during the Term.

1.17 “Work Product” means any and all work
product, delive rables, materials, drawings, works of
authorship, creative works, designs, inventions,
documentation, methods, processes, techniques,
software, reports, or data created or developed by
Selectron in the course of performing the Services or
providing the Licensed Software, excluding Licensee Data.

2. Grant of License; Restrictions

2.1 Grant of License to Use Licensed
Software. Subject to the terms and conditions of this
Agreement, including the End User License Agreement
(“EULA”) attached hereto as Exhibit D which is
incorporated into and made a part hereof, and the timely payment of all fees hereunder, Selectron hereby grants to Licensee a non -exclusive, nontransferable,
nonsublicensable, limited license, during the Term, to
access and use the Licensed Software solely in accordance with the Documentation and the EULA and solely for
Licensee’s own internal business use. Except as set forth in this Section 2.1 or the EULA, no other right or license of any kind is granted by Selectron to Licensee hereunder
with respect to the Licensed Software.

2.2 Software Restrictions. Licensee hereby
acknowledges and agrees that it shall not use the Licensed Software for any purpose other than the purpose for which Selectron has developed the Licensed Software, and that it shall use the Licensed Software in accordance with the
EULA and all applicable laws, rules, and regulations. In the event of any violation of this Section 2.2 or the terms of the EULA by Licensee or any person Licensee provides with access to the Licensed Software (whether or not such
person is an Authori zed User), Selectron may terminate this Agreement in accordance with Section 11.2, and shall be entitled to equitable relief in accordance with
Section 12.5.

2.3 Data Restrictions . Selectron hereby
acknowledges that the Licensee Data may contain
sensitive, pe rsonally-identifiable information. Selectron will not disclose Licensee Data to any third-party except as required to perform its obligations under this Agreement (e.g., transmittal of PCI Data to Licensee’s designated payment gateway) and will maintain a nd use the Licensee Data only for purposes of performing its obligations under

this Agreement. Except as otherwise expressly provided herein, Selectron will promptly delete any Licensee Data that Licensee requests in writing to be deleted (except for data retention required by law).

2.4 Rights in Aggregate Data.

Notwithstanding Section 2.3, Selectron may, (a) during the term of this Agreement, use and analyze the Licensee Data to generate Aggregate Data and (b) during and after the term of this Agreement, retain, use, publish, and otherwise disclose Aggregate Data without restriction, so long as the Aggregate Data is disclosed in a form in which it cannot be used to identify Licensee or any particular individual(s). By way of example and without creating any limitation,
Selectron may analyze the Licensee Data along with data gathered from other sources to generate statistics and
analytics about success rates of municipalities in collecting payments in response to application notification calls.

3. Deliverables and Services

3.1 Services. Selectron shall perform the
Services described in Exhibit A and Exhibit C and the Technical Support Services described in Exhibit B in
accordance with the terms of this Agreement.

3.2 Delivery, Testing, and Acceptance. All
deliveries of equipment or physical goods required under this Agreement shall be F.C.A. Selectron’s facilities.

Selectron shall provide Licensee with the Documentation and access to the Licensed Software according to the
delivery, testing, and acceptance schedule and terms and conditions set forth in Exhibit A and Exhibit C . Unless a testing period of different duration is set forth in Exhibit A or Exhibit C, Licensee shall have a testing period of thirty (30) days from the date of delivery of any Licensed
Software, including any customized Licensed Software, to inspect and test the Licensed Software. If Licensee
provides Selectron with written notice during the
applicable testing period describing the Licensed
Software’s failure to substantially comply with the limited warranty set forth in Section 7.2 in sufficient detail to enable Selectron to reproduce such fail ure, the Service Fees for the non -conforming Licensed Software shall be suspended until Selectron corrects any such substantial non-conformity. If Licensee does not provide such notice during the testing period, the Licensed Software shall be deemed accepted, and Licensee’s sole remedy for any non- conformance shall be the Technical Support Services
provided hereunder.

3.3 Authorized Users; Licensee
Identification and Passwords . Except as provided in
Section 3.4, Licensee shall not permit any person to access the Licensed Software other than Employees whom
Licensee has designated as Authorized Users. Each
individual natural person shall be a separate Authorized User for purposes of this Agreement. Licensee shall create or request that Selectron create unique log -in credentials, consisting of a “User Identification” and “User Password”, for each individual Authorized User who shall be accessing the Licensed Software. L icensee hereby acknowledges
that Licensee and its Authorized Users bear sole
responsibility for protecting the confidentiality of all User Passwords and shall remain fully responsible and liable for (and Selectron shall not be responsible or liable for) an y unauthorized use of any User Identifications or User
Passwords. Licensee shall not share or disclose, and shall not permit any Authorized User to share or disclose, such Authorized User’s log -in credentials with or to any other individual or entity, even if such other individual is also an Authorized User. A User Identification may not be
transferred from one Authorized User to another
Authorized User. Licensee shall promptly terminate (or cause to be terminated by requesting that Selectron
terminate) the User Identification for any individual who ceases to be an Authorized User for any reason, including without limitation due to termination of such individual’s employment with Licensee. Licensee shall promptly notify Selectron if it discovers or suspe cts that any log -in credentials have been accessed or used by any person
other than the Authorized User to which such log -in
credentials were granted, in which case Selectron shall promptly reset or provide Licensee with a means of
resetting the password a ssociated with such log -in
credentials.

3.4 Customer Tools. Licensee may permit its
customers to access and use the Customer Tools solely
through Licensee’s website and/or an application that is set up and maintained as part of the Services, and solely for the purpose of enabling such customers to (a) receive notifications sent by or on behalf of Licensee, (b) make payments to Licensee, (c) view their invoices from Licensee and history of payments to Licensee, and (d) update their contact information with Licensee.

3.5 Hosting. During the Term, Selectron
and/or its designees shall host and maintain the Licensed Software, and provide access thereto, subject to the terms and conditions of this Agreement and the EULA.

3.6 Updates, Maintenance, and Technical
Support. During the Term, Selectron shall provide
Licensee with Updates as they are made generally
available by Selectron to its other customers, as well as maintenance and technical support, in accordance with
the terms and conditions set forth in Exhibit B. Any Update provided or made available by Selectron hereunder shall be deemed part of the Licensed Software and shall be
subject to the terms and conditions of this Agreement.

3.7 Other Modifications to the Licensed
Software. Licensee understands and agrees that Selectron may make modifications and updates to the Licensed
Software from time to time. Selectron may determine in its sole discretion whether to provide such modifications and updates to Licensee and its other customers as an
Update hereunder, or wh ether such modifications and
updates will be issued as a separate or new product or
premium version of the Licensed Software that is available only at an additional charge.

3.8 Further Licensee Obligations . Licensee
shall be solely responsible for acquiring a nd maintaining, at its own expense, the necessary equipment and Internet and telecommunication services required to access the
Licensed Software and the Services. Licensee
acknowledges that Selectron shall have no obligation to assist Licensee in using or accessing the Licensed Software or the Service except as expressly set forth in this
Agreement.

4. Fees and Payment

4.1 Service Fees. Licensee shall pay to
Selectron service fees (“Service Fees”) in the amounts and according to the terms and conditions set forth in
Exhibit A. In addition to the payment of Service Fees, unless different terms are provided for in Exhibit A ,
Licensee agrees to reimburse Selectron for all actual,
documented and rea sonable travel and out -of-pocket
expenses incurred by Selectron in connection with the
performance of any Services.

4.2 Payment Terms. Unless different
payment terms are set forth in Exhibit A , all fees and expenses payable hereunder shall be due thirty (30) days from the date of invoice, and any amounts not paid when due will incur late fee charges at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower, calculated on a daily basis. If any amounts are past due and outstanding, Selectron reserves the right to suspend the licenses granted hereunder,
suspend access to the Licensed Software, and discontinue the Services until all outstanding amounts are paid.

Selectron is entitled to recover all costs of collection, including attorney’s fees and related expenses.

4.3 Disputed Amounts. Any disputed
charges must be presented by Licensee to Selectron in
writing within fifteen (15) days of the date of invoice, and the parties agree to cooperate in good faith to promptly resolve any disputed invoice within fifteen (15) days of Selectron’s receipt of Licensee’s written notice of dispute.

In the event Licensee disputes any amounts invoiced by
Selectron in good faith, the undisputed amount shall be paid when due, and only disputed amounts shall be
withheld pending resolution of the dispute. If payment of a disputed amount has already been made and later
resolution of the dispute is in Licensee’s favor, a credit will be issued by Selectron to Licensee on the next invoice.

4.4 Fee Increa ses. During the Initial Term,
the Service Fees set forth in Exhibit A shall apply. After the Initial Term (as defined in Section 11.1 below), Sel ectron may increase or change its fees by providing Licensee with notice of such increase or change at least ninety (90) days prior to the effective date of such increase or change.

Licensee’s sole alternative to such fee increase or change shall be to te rminate this Agreement by providing notice of termination to Selectron within twenty (20) days after receipt of the notice of price increase or change, which termination will become effective thirty (30) days after such written notice of termination.

4.5 Taxes. All prices set forth in this
Agreement are in U.S. Dollars and are exclusive of any
applicable taxes. Licensee shall pay, indemnify, and hold Selectron harmless from all import and export duties,
customs fees, levies, or imposts, and all sales, use, value added, or other taxes or governmental charges of any
nature, including penalties and interest, and all
government permit or license fees assessed upon or with respect to any products sold, leased, or licensed to
Licensee and any services rendered to Licensee; provided, however, that Licensee shall not be responsible for paying any taxes imposed on, or with respect to, Selectron’s
income, revenues, gross receipts, personnel, or real or personal property or other assets.

5. Proprietary Rights
As between Se lectron and Licensee, Selectron and/or its licensors own and shall retain all right, title and interest, including, without limitation, all Intellectual Property Rights in and to the Licensed Software and any Work
Product resulting from performance of the Services and
any portions thereof, including without limitation any copy or Derivative Work of the Licensed Software (or any
portion thereof) and any Updates and upgrades thereto.

Licensee agrees to take any action reasonably requested

by Selectron to evidence, maintain, enforce, or defend the foregoing. Licensee shall not take any action to jeopardize, encumber, limit, or interfere in any manner with
Selectron’s or its licensors’ ownership of and rights with respect to the Licensed Software or Service, o r any
Derivative Work or Update or upgrade thereto. The
Licensed Software and any Work Product are licensed, not sold, and Licensee shall have only those rights in and to the Licensed Software and Work Product and any Derivative
Work or Update or upgrade thereto as are expressly
granted to it under this Agreement, including the EULA.

6. Proprietary Information
During the Term of this Agreement and after the
termination of this Agreement, the parties will take all steps reasonably necessary to hold the other p arty’s
Proprietary Information in confidence, will not use the disclosing party’s Proprietary Information in any manner or for any purpose not expressly set forth in this
Agreement, and will not disclose any such Proprietary
Information to any third party without the disclosing
party’s express prior written consent; provided, however, that each party (the “ receiving party ”) may disclose
Proprietary Information of the other party (the “disclosing party”) (a) to such receiving party’s employees, directors, officers, contractors, and agents (collectively,
“Representatives”) who have a need to know such
information and who have been advised of and have
agreed to comply with the confidentiality restrictions
contained in this Section 6 and (b) to such third part ies as are authorized or directed by the disclosing party in
writing. Each party shall be responsible and liable for the actions and omissions of its Representatives. “Proprietary Information” belonging to a disclosing party includes, but is not limited to, such disclosing party’s (a) trade secrets, inventions, ideas, processes, formulas, source and object codes, data, other works of authorship, know -how,
improvements, discoveries, developments, designs, and
techniques; (b) information regarding its plans for
research, development, new products, marketing and
selling, budgets and unpublished financial statements,
licenses, prices and costs, suppliers and customers; (c) information regarding the skills and compensation of
employees, and (d) other informati on about or belonging to such disclosing party that the receiving party should reasonably know, due to the nature of the information or the circumstances surrounding its disclosure, is regarded by the disclosing party as confidential. Proprietary
Information includes reports, analyses, notes, and other information or materials that contain or are derived using the disclosing party’s Proprietary Information, even if developed in whole or in part by the receiving party.

For clarity, information about the Li censed Software,
including information about its features, functionality, and pricing, are and shall remain the Proprietary Information of Selectron. For further clarity, Licensee Data is and shall remain the Proprietary Information of Licensee.

Notwithstanding the foregoing, information will not be
considered to be Proprietary Information if (a) it is readily available to the public other than by a breach of this
Agreement; (b) it has been rightfully received by the
receiving party from a third party wi thout confidentiality limitations; (c) it has been independently developed by the receiving party without reference to or use of the
disclosing party’s Proprietary Information; or (d) it was rightfully known to the receiving party prior to its first receipt from the disclosing party. The receiving party shall be entitled to disclose the disclosing party’s Proprietary Information if required by law or a judicial order; provided that the receiving party first provides prompt notice of the required disclosure to the disclosing party, and complies with any protective or similar order obtained by the
disclosing party limiting the required disclosure.

7. Representations and Warranties; Warranty
Disclaimer.

7.1 Mutual Representations . Each party
represents and warrants to the other party that the
execution, delivery and performance of this Agreement
(a) is within its corporate, municipal, or governmental powers, as the case may be (b) has been duly authorized by all necessary corporate, municipal, or governmental
action on such party’s part, and (c) does not and shall not contravene or constitute a default under, and is not and shall not be inconsistent with, any law, regulation,
judgment, decree or order, or any contract, agreement, or other undertaking, applicable to such party.

7.2 Limited Software Warranty and
Exclusive Remedy. Subject to the limitations set forth in this Agreement, Selectron represents and warrants to
Licensee that the Licensed Software, when used in
accordance with the Documentation, shall throughout the Term substantially conform to the functional specifications in such Documentation. If Licensee finds what it
reasonably believes to be a failure of the Licensed
Software to substantially conform to the functional
specifications in the Documentation, an d provides
Selectron with a written report that describes such failure in sufficient detail to enable Selectron to reproduce such failure, Selectron shall use commercially reasonable
efforts to correct or provide a workaround for such failure at no additio nal charge to Licensee in accordance with

Exhibit B hereto. Outside the United States, this limited warranty is only available with proof of purchase from an authorized source. EXCEPT FOR THE EXPRESS WARRANTY

ABOVE, SELECTRON PROVIDES THE LICENSED SOFTWA RE
TO LICENSEE “AS IS” AND “AS AVAILABLE.” SELECTRON

MAKES NO WARRANTY THAT ALL ERRORS, FAILURES, OR

DEFECTS SHALL BE CORRECTED, OR THAT ACCESS TO OR

USE OF THE LICENSED SOFTWARE SHALL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ORAL OR

WRITTEN INFORMATI ON OR ADVICE PROVIDED BY

SELECTRON, ITS AGENTS, OR ITS EMPLOYEES, SHALL

CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE

SCOPE OF THE WARRANTIES EXPRESSLY PROVIDED IN THIS
AGREEMENT. This Section states the entire liability of Selectron and the sole and exc lusive remedy of Licensee with respect to any breach of the foregoing express
warranty.

7.3 Limited Services Warranty and
Exclusive Remedy. Subject to the limitations set forth in this Agreement, Selectron warrants that the Services shall be performed in a professional and workmanlike manner.

Selectron’s sole obligation, and Licensee’s exclusive
remedy for breach of the foregoing warranty, is that
Selectron shall use its commercially reasonable efforts to re-perform the Services or otherwise cure such breach. If, in Selectron’s sole judgement, curing the breach is not commercially feasible, Selectron shall credit Licensee for a portion of the fees allocable to the affected period of time that is proportionate to the period the Services or
Licensee’s abilit y to access or use the Licensed Software was impaired.

7.4 Disclaimer of Other Warranties . THE
EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7 AND
SECTION 8.5 CONSTITUTE THE ONLY WARRANTIES MADE

BY SELECTRON WITH RESPECT TO THE LICENSED

SOFTWARE AND THE SERVICES AND ANY OTHER SUBJECT
MATTER OF THIS AGREEMENT. SELECTRON MAKES NO

OTHER, AND HEREBY DISCLAIMS ALL OTHER,

REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF

ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT

OR BY OPERATION OF LAW), OR STATUTORY, WITH

RESPECT TO THE LICENSED SOFTWARE, THE SERVIC ES, OR
ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.

SELECTRON EXPRESSLY DISCLAIMS ALL WARRANTIES OR

CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT,

AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF

DEALING, COURS E OF PERFORMANCE, OR USAGE OF
TRADE. SELECTRON DOES NOT WARRANT THAT ANY USE

OF OR ACCESS TO THE LICENSED SOFTWARE SHALL BE

ERROR-FREE OR SECURE, OR THAT OPERATION OF THE

LICENSED SOFTWARE SHALL BE UNINTERRUPTED, AND

HEREBY DISCLAIMS ANY AND ALL LIABILITY IN
CONNECTION THEREWITH. LICENSEE ACKNOWLEDGES

THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN
THE EXPRESS WARRANTIES IN SECTION 7 AND SECTION 8.5
OF THIS AGREEMENT.

7.5 Defects Not Covered by Warranties .

Selectron shall have no obligations under Section 7.2 to the extent any nonconformance or failure of, or error in, the Licensed Softwa re is caused by (a) use of any
attachment, feature, hardware, software, or device in
connection with the Licensed Software, or combination of the Licensed Software with any other materials or service, unless the combination is performed by Selectron;
(b) transportation, neglect, misuse, or misapplication of the Licensed Software, or any use of the Licensed Software that is not in accordance with this Agreement, the EULA, and/or the Documentation; (c) alteration, modification, or enhancement of the Licensed Software, except as may be performed by Selectron; (d) failure to provide a suitable use environment for all or any part of the Licensed
Software; or (e) failure to maintain systems and
environments that are compatible with Updates.

8. Security

8.1 Internet Secu rity. Selectron’s Licensed
Software is made available through the Internet and may be used to access and transfer information over the
Internet. Licensee is solely responsible for the security and integrity of information it transfers from the Licensed Software, if any. Selectron makes no representations or warranties to Licensee regarding (a) the security or privacy of Licensee’s network environment, or (b) any third -party technologies’ or services’ ability to meet Licensee’s
security and privacy needs. These third-party technologies and services may include, but are not limited to, operating systems, database management systems, web servers, and
payment processing services. Licensee is solely
responsible for ensuring a secure environment for
information it transfers from the Licensed Software, if any.

Further, Licensee acknowledges and agrees that Selectron does not operate or control the Internet and that Selectron shall have no responsibility or liability in connection with a breach of security or p rivacy regarding the Licensed
Software or information contained therein that is caused by (a) viruses, worms, Trojan horses, or other undesirable data or software; (b) unauthorized users, e.g., hackers; or (c) any other third party or activity beyond Selec tron’s reasonable control; in each of the foregoing cases, except to the extent caused by Selectron’s breach of Section 8.4 or 8.5.

8.2 Remote Access Se curity. In order to
enable code development and support and maintenance
of the software, Selectron may require remote access
capability. Remote access is normally provided by
installing PC -Anywhere, ControlIT, or other industry
standard remote access software. It may also be provided through a Licensee solution such as VPN access.

Regardless of what method is used to provide remote
access, or which party provides remote access software, it is Licensee’s responsibility to ensure that the remote
access m ethod meets Licensee’s security requirements.

Selectron makes no representations or warranties to
Licensee regarding the remote access software’s ability to meet Licensee’s security or privacy needs. Selectron also makes no recommendation for any specifi c package or
approach with regard to security. Licensee is solely
responsible for ensuring a secure network environment.

8.3 Outbound Services Disclaimer .

Outbound services are intended to create additional
methods of communication for Licensee’s employees who
use the Licensed Software in support of existing processes.

These services are not intended to replace all interaction with Licensee’s end users or employees. While the
outbound services have been created with the best
available tools and practices, they are dependent on
infrastructure that is inherently not fail -proof, including but not limited to infrastructure such as software,
computer hardware, network services, telephone services, and e-mail. Examples of situations that could cause failure include but are not limited to: down phone lines, all lines busy, equipment failure, email address changes, and
Internet service disruptions. For this reason, while
outbound services are valuable in providing enhanced
communication, they are specifically not designed to be used as the sole method to deliver critical messages.

Licensee acknowledges that it is aware of the potential hazards associated with relying on an automated
outbound service feature, when using the Licensed
Software, and Licensee acknowledges and agrees that it is giving up in advance any right to sue or make any claim against Selectron, and that Licensee forever releases
Selectron from any and all liability caused by (a) any failed call attempts (including excess of calls over and above network or system capacity), incomplete calls, or any busy- outs; (b) any failure to transmit, obtain or collect data from callers or for human and machine errors, faulty or
erroneous input, inarticulate caller communication, caller delays or call lengths exc eeding estimated call lengths or omissions, delays and losses in connection with the
Services provided hereunder; or (c) if Licensee, Licensee’s employees, or Licensee’s end user suffer injury or damage due to the failure of outbound services to operate, even though Licensee does not know what or how extensive
those injuries or damages might be , unless such losses were directly attributable to Selectron’s gross negligence or willful misconduct.

8.4 Privacy and Security Standards.

Selectron agrees that it will gather, collect, receive, generate, store, use, maintain, transmit, process, import, export, transfer and disclose the Licensee Data
substantially in compliance with applicable data
protection, security, breach notification and privacy laws, rules, regula tions and industry standards to which
Selectron is subject. Selectron shall, at all times, use reasonable measures to protect the confidentiality of the Licensee Data in its possession or care, including technical, administrative, and physical safeguards that are
appropriate given the nature of the Licensee Data.

8.5 PCI Compliance. Selectron warrants
that, during the Term of this Agreement, (a) all system components, people, processes, and the cardholder data
environment that are used in Selectron’s collection,
transmittal, or other processing of PCI Data on behalf of Licensee are and shall remain compliant with the
applicable provisions of PCI DSS; and (b) Selectron
PayEngine™, Selectron’s proprietary payment application, is and shall remain complia nt with PA -DSS. On an annual basis or upon Licensee’s request, Selectron shall provide Licensee with an Attestation of Compliance or Attestation of Validation confirming such compliance.

8.6 Incident Response . In the event
Selectron becomes aware of a confir med or suspected
Security Incident involving the unauthorized disclosure or theft of PCI Data, Selectron shall (a) notify Licensee, (b) cooperate in any investigation, (c) promptly take
reasonable measures to prevent further unauthorized
access or use of the Licensee Data, (d) cooperate with
Licensee’s notification to affected individuals if such notification is required by applicable law or regulation, and (e) perform all such other acts, or cooperate with
Licensee’s performance of all such other acts, that are required with respect to such Security I ncident by
applicable law or regulation.

8.7 Limited Scope of PCI Data Processing.

The parties acknowledge that Selectron’s sole processing of PCI Data on behalf of Licensee shall consist of (a)
collecting PCI Data needed to facilitate payments to
Licensee, (b) transmitting such PCI Data to a third party payment gateway designated by Licensee, and (c)
receiving confirmation via the payment gateway that the payment transaction has been completed. After

transmittal of PCI Data to the payment gateway, Selectron will not retain, store, or continue to use or process such PCI Data.

8.8 Data Transfers Between Licensee and
Selectron. The parties acknowledge that, to facilitate providing the Services and the Licensed Software,
Selectron and Licensee shall regularly tran sfer Licensee Data to each other. Licensee, not Selectron, is responsible for providing and maintaining a secure file transfer
protocol for such transfer of Licensee Data, and shall be responsible for maintaining the security of the system
components, env ironment, and procedures of such file
transfer protocol.

8.9 Licensee’s Privacy Practices . Licensee
acknowledges that the Licensee Data includes information about individuals with whom Licensee, rather than
Selectron, has direct relationships. Therefore, it is
Licensee’s obligation, and not Selectron’s obligation, to provide any privacy notic es or disclosures to, and obtain any consent from, such individuals as may be required by applicable law with respect to processing of the Licensee Data by Selectron on Licensee’s behalf. Licensee
represents, warrants, and covenants to Selectron that (a) Licensee has the authority to transmit the Licensee Data to Selectron; and (b) Selectron’s collection, storage,
transmittal, and other processing of the Licensee Data on behalf of Licensee, as described in the Documentation and this Agreement, does not and will not violate any
applicable laws, regulations, ordinances, contracts,
policies, orders, or decrees to which Licensee is subject.

9. Indemnification

9.1 Infringement Indemnity Obligations of
Selectron. Selectron shall defend any action brought
against Licensee to the extent it is based on a third party claim that use by Licensee of the Licensed Software as
furnished hereunder, which use is in accordance with the terms and conditions of this Agreement, directly infringes or misappropriates any valid United St ates patent,
copyright, or trade secret. Selectron shall pay any
liabilities, costs, damages, and expenses (including
reasonable attorney’s fees) finally awarded against
Licensee in such action that are attributable to such claim.

Licensee agrees to promptly notify Selectron of any known or suspected infringement or misappropriation of
Selectron’s proprietary rights of which Licensee becomes aware. Should the Licensed Software become, or be likely to become in Selectron’s opinion, the subject of any claim of infringement, Selectron may, at its option (a) procure for Licensee the right to continue using the potentially infringing materials; (b) replace or modify the potentially infringing materials to make them non -infringing; or
(c) terminate this Agreemen t and provide Licensee with a refund equal to the set -up fees paid by Licensee, less an amount equal to the depreciated portion of such fees
calculated on a five (5) year straight -line basis. This Section 9.1 states the entire liability of Selectron and the exclusive remedy of Licensee with respect to infringement of any third -party intellectual property or other rights, whether under theory of wa rranty, indemnity, or
otherwise.

9.2 Infringement Indemnity Obligations of
Licensee. Selectron shall have no liability for any claim based upon (a) the use, operation, or combination of the Licensed Software with non -Selectron programs, data,
equipment, or documentation if liability would have been avoided but for such use, operation, or combination;
(b) use of other than the then -current, unaltered version of the Licensed Software that incorporates all Updates; (c) Licensee’s or its agents’ or Employees’ acti vities after Selectron has notified Licensee that Selectron believes such activities may result in infringement; (d) any
modifications to or markings of the Licensed Software that are not specifically authorized in writing by Selectron; (e) any third party software; (f) any Licensee Data; or (g) Licensee’s breach or alleged breach of this Agreement.

Licensee shall indemnify, defend, and hold Selectron
harmless for, from and against all liabilities, costs,
damages, and expenses (including reasonable attorne y’s fees) awarded against or incurred by Selectron in such
action(s) that are attributable to such claim.

9.3 Security Related Indemnity Obligations
of Selectron. If an investigation performed by a qualified third party forensic investigator confirms that a Security Incident was caused solely by an act or omission of
Selectron, including any security vulnerability in system components, procedures, or environments owned or
controlled by Selectron, then Selectron shall defend,
indemnify, and hold harmless Lice nsee for, from and
against all liabilities, costs, damages, fines, penalties, and expenses (including reasonable attorney’s fees) incurred by Licensee as a result of such Security Incident, including the reasonable costs of investigation and reasonable costs of notification to affected individuals and providing credit monitoring or other fraud prevention services, but only to the extent such notification, credit monitoring, or other fraud prevention services are required by applicable laws, regulations, a court order or consent decree, or the terms of a settlement and release of claims arising from such Security Incident that Selectron has consented to
(collectively, “Losses”).

9.4 Security Related Indemnity Obligations
of Licensee. Selectron shall have no lia bility or obligation to defend or indemnify Licensee with respect to any Losses caused by Licensee’s breach of Sections 8.8 or 8.9 or any Security Incident to the extent caused in whole or in part by an act or omission of Licensee or any third party (other than Selectron’s subcontractors) or a ny of their affiliates, employees, directors, officers, agents, or contractors
(other than Selectron), including without limitation any of the following acts or omissions: (a) their loss of control of any device, (b) their failure to maintain the confidentiality of log -in credentials, (c) their transmission of data via methods that are not secure, (d) their failure to maintain systems and environments that are compatible with any
Update, (e) their violation of th e applicable terms of this Agreement or any applicable laws, regulations, or industry standards, or (f) any vulnerability in their environment, systems, hardware, software, or physical or administrative security safeguards or procedures, including without
limitation any vulnerability in the file transfer protocol maintained by Licensee pursuant to Section 8.8. Licensee shall indemnify, defend, and h old harmless Selectron for, from and against all Losses arising from any such Security Incident or Licensee’s breach of Sections 8.7 or 8.8,
including without limitation any expenses incurred by
Selectron in complying with its obligations under Section

8.6. 9.5 Conditions for Indemnification. The
parties’ indemnification obligations hereunder shall apply only if (a) the party to be indemnified (the “ indemnitee” notifies the party obligated to indemnify them (the
“indemnitor”) in writing of a claim promptly upon learning of or receiving the same; and (b) the indemnitee provides the indemnitor with reasonable assistance requested by
the indemnitor, at the indemnitor’s expense, for the
defense and settlement, if applicable, of any claim. The indemnitee's failure to perform any obligations or satisfy any conditions under this Section 9.5 shall not relieve the indemnitor of its obligations hereunder except to the
extent that the indemnitor can demonstrate that it has
been materially prejudiced as a result of such failure.

9.6 Control of Defense. After receipt of
notice of a claim, the indemnitor shall be entitled, if it so elects, at its own cost, risk and expense (a) to take control of the defense and investigation of such lawsuit or action; and (ii) to employ and engage attorn eys of its own choice to handle and defend the same; provided, however, that the indemnitee’s consent shall be required for any
settlement that does not include a full release of all claims.

If the indemnitor fails to assume the defense of such claim within ten (10) business days after receipt of notice of the claim, the indemnitee will (upon delivering notice to such effect to the indemnitor) have the right to undertake, at the indemnitor’s cost and expense, the defense,
compromise or settlement of such c laim on behalf of and for the account and risk of the indemnitor; provided,
however, that such claim shall not be compromised or
settled without the written consent of the indemnitor. The party that assumes control of the defense of the claim will keep the other party reasonably informed of the progress of any such defense, compromise or settlement.

Notwithstanding the foregoing, the indemnitee shall be
entitled to conduct its own defense at the cost and
expense of the indemnitor if the indemnitee establis hes that the conduct of its defense by the indemnitor would reasonably be likely to prejudice materially the indemnitee due to a conflict of interest between the indemnitee and the indemnitor; and provided further that in any event, the indemnitee may part icipate in such defense at its own
expense.

10. Limitation of Liability

10.1 Limited Remedy. EXCEPT AS EXPRESSLY

PROVIDED HEREIN, TO THE MAXIMUM EXTENT ALLOWED

BY APPLICABLE LAW, IN NO EVENT SHALL SELECTRON OR

ITS SUPPLIERS OR LICENSORS BE LIABLE FOR, OR BE

OBLIGATED TO INDEMNIFY LICENSEE FOR, ANY LOSS OF

PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, OR

INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE

DAMAGES OF ANY KIND OR OTHER ECONOMIC LOSS

ARISING FROM OR RELATING TO THIS AGREEMENT OR THE

SUBJECT MATTER HEREOF, EVEN IF SELECTRON HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
HOWEVER CAUSED.

10.2 Maximum Liability. Notwithstanding
anything in this Agreement to the contrary or the failure of essential pur pose of any limited remedy or limitation of liability, Selectron’s entire liability arising from or relating to this Agreement or the subject matter hereof, under any legal theory (whether in contract, tort or otherwise), shall not exceed the amounts actua lly received by Selectron
from Licensee hereunder in the twelve (12) months
immediately preceding the action that gave rise to the
claim. Licensee acknowledges that the Service Fees reflect the allocation of risk set forth in this Agreement and that Selectron would not enter into this Agreement without the limitations on liability set forth in this Agreement.

11. Term and Termination

11.1 Term. The term of this Agreement shall
commence on the Effective Date and continue for an initial period of five (5) years therefrom (the “Initial Term”), and shall automatically renew for successive one (1) year
periods unless either party notifies the other of its
intention not to renew at least ninety (90) days before the end of the then -current term (collectively, the “ Term”). If Licensee cancels prior to the end of the Initial Term of five (5) years, all fees for the Initial Term of this agreement that are unpaid will become immediately due.

11.2 Termination for Default . If either party
materially defaults in any of its obligatio ns under this Agreement, the non -defaulting party, at its option, shall have the right to terminate this Agreement by written
notice to the other party unless, within sixty (60) calendar days after written notice of such default, the defaulting party remed ies the default, or, in the case of a default which cannot with due diligence be cured within a period of sixty (60) calendar days, the defaulting party institutes within the sixty (60) day-period substantial steps necessary to remedy the default and thereafter diligently prosecutes the same to completion. Notwithstanding anything herein to the contrary, in the event Licensee breaches the EULA or Sections 2.2, 5 and/or 6 of this Agreement, Selectron may immediately terminate this Agreement. Licensee
shall notify Selectron within twenty -four (24) hours of Licensee’s becoming aware of any breach (other than by
Selectron) of the terms and conditions of this Agreement, including, without limitation, any breach of Sections 2.2, 5 or 6.

11.3 Termination for Bankruptcy . Either
party may terminate this Agr eement if the other party
(a) becomes insolvent; (b) fails to pay its debts or perform its obligations in the ordinary course of business as they mature; (c) is declared insolvent or admits its insolvency or inability to pay its debts or perform its obliga tions as they mature; or (d) becomes the subject of any voluntary or involuntary proceeding in bankruptcy, liquidation,
dissolution, receivership, attachment, or composition, or makes a general assignment for the benefit of creditors, provided that, in the case of an involuntary proceeding, the proceeding is not dismissed with prejudice within sixty (60) days after the institution thereof.

11.4 Effect of Termination . Upon the
expiration or termination of this Agreement, all rights and licenses granted to Licens ee hereunder shall immediately and automatically terminate. Within ten (10) days after any termination or expiration of this Agreement, Licensee shall, at its sole expense, return to Selectron (or destroy, at Selectron’s sole election) all Licensed Softwa re and Proprietary Information of Selectron (and all copies,
summaries, and extracts thereof) then in the possession or under the control of Licensee and its current or former employees. Licensee shall furnish to Selectron an affidavit signed by an officer of Licensee certifying that, to the best of its knowledge, such delivery or destruction has been fully effected. Termination of this Agreement by either party shall not act as a waiver of any breach of this
Agreement and shall not act as a release of ei ther party from any liability for breach of such party’s obligations under this Agreement. Neither party shall be liable to the other for damages of any kind solely as a result of
terminating this Agreement in accordance with its terms.

Either party’s te rmination of this Agreement shall be
without prejudice to any other right or remedy that it may have at law or in equity, and shall not relieve either party of liability for breaches occurring prior to the effective date of such termination. Any provisions that would reasonably be expected by the parties to survive termination of this Agreement shall survive such termination, including
without limitation the provisions of the EULA and
Sections 1 (“Definitions”), 2.2 (“Software Restrictions”),

2.3 (“Data Restrictions”), 2.4 (“Rights in Aggregate Data”), 4 (“Fees and Payment”) (with respect to amounts accrued but as-yet unpaid), 5 (“Proprietary Rights”), 6 (“Proprietary Information”), 7 (“Representations and Warr anties;
Warranty Disclaimer”), 8 (“Security”), 9
(“Indemnification”), 10 (“Limitation of Liability”), 11 (“Term and Termination”) and 12 (“General Provisions”).

12. General Provisions

12.1 Notices. Any notice, request, demand or
other communication required or per mitted hereunder
shall be in writing, shall reference this Agreement, and shall be deemed to be properly given (on the earliest of) (a) when delivered personally; (b) when sent by facsimile, with written confirmation of receipt; or (c) upon receipt three ( 3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid.

All notices shall be sent to the address set forth on the signature page below (or to such other address as may be designated by a party by giving written notice to the other party pursuant to this Section 12.1).

12.2 Governing Law; Jurisdiction . This
Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon, U.S.A., without reference to its conflicts of law provisio ns. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to and shall not be used to interpret this Agreement. Any dispute
regarding this Agreement must be brought in the state or

federal courts located in Multnom ah County, Oregon,
U.S.A.

12.3 Construction. This Agreement has been
negotiated by the parties and their respective counsel.

This Agreement shall be interpreted fairly in accordance with its terms and without any construction in favor of or against either party.

12.4 Attorneys’ Fees . If any legal action is
brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment shall be entitled to the full amount of all reasonable expenses, including all court costs and reasonable attorney fees paid or incurred.

12.5 Injunctive Relief . In the event that
Licensee breaches any provision of the EULA or Sections 2, 5, or 6 or any other material provision of this Agreement, Licensee acknowledges and agrees that there may be no
adequate remedy at law to compensate Selectron for such breach, that any such breach may result in irreparable
harm to Selectron that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Selectron shall be entitled to seek injunctive and other appropriate equitable relief (without the necessity of
proving actual damages or of posting a bond or other
security), in addition to whatever remedies Selectron may have at law, in equity, under this Agreement, or otherwise.

12.6 Waiver. The waiver by either party of a
breach of or a default under any provision of this
Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor
shall any del ay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder, operate as a waiver of any right or remedy.

12.7 Severability. If the application of any
provision of this Agreement to any particu lar facts or circumstances shall be held to be invalid or unenforceable, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent
possible so as to effect the intent of the parties, and reformed without further action by the parties, to the
extent necessary to make such provision valid and
enforceable. Without limiting the generality of the
foregoing, Licensee agrees that Section 7.4 will remain in effect notwithstanding t he unenforceability of any other provision hereof.

12.8 Independent Contractor Relationship .

Selectron’s relationship with Licensee will be that of
independent contractor, and nothing contained in this
Agreement shall be deemed or construed as creating a
joint venture, partnership, or employer -employee
relationship. Licensee is not an agent of Selectron and is not authorized to make any representation, contract, or commitment on behalf of Selectron, or to bind Selectron in any way. Selectron is not an agent of Licensee and is not authorized to make any representation, contract, or
commitment on behalf of Licensee, or to bind Licensee in any way. Selectron will not be entitled to any of the
benefits that Licensee may make available to its
employees, such as gr oup insurance, profit sharing, or retirement benefits.

12.9 Force Majeure. Except for the payment
of monies due hereunder, neither party shall be
responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and
acts of civil and military authorities; provided that such party gives the other party prompt written notice of the failure to perform and the reason the refor and uses its reasonable efforts to limit the resulting delay in its
performance and to mitigate the harm or damage caused
by such delay.

12.10 Public Announcements . Licensee shall
cooperate with Selectron so that Selectron may issue a
press release concer ning this Agreement; provided,
however, Selectron may not release any such press release without the prior approval of Licensee (which shall not be unreasonably withheld, delayed, or conditioned).

However, without seeking prior approval in each instance, Selectron shall have the right to use Licensee’s name as a customer reference, and to use Licensee’s trade name on Selectron’s customer lists.

12.11 U.S. Government Rights . (a) The
Licensed Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial
computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R.

12.212 or 48 C.F.R. 227.7202, as applicable. Consistent

with 48 C.F.R. 12.212 and 48 C.F.R 227.7202 -1 through
227.7202-4, the Licensed Software are licensed to any U.S.

Government End Users (i) only as a commercial item and
(ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Manufacturer is Selectron Technologies , Inc., 12323 SW 66th Avenue, Portland, OR 97223 , USA. This Section,
consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation
Supplement, o r other clause or provision that addresses United States Government rights in computer software,
technical data, or computer software documentation.
(b) The parties agree that, in the event that Licensee
is a governmental entity, all other state and local
governments within Licensee’s state may purchase a
license from Selectron to use the Licensed Software under the same terms and conditions as set forth in this
Agreement by entering into a master services and hosting agreement with the same terms and conditions as set forth herein with Selectron.

12.12 Export Controls. The Licensed Software
is subject to the export control laws of the United States and other countries. Licensee may not export or re -export the Licensed Software, unless Licensee has first obtained Selectron’s prior written permission and the appropriate United States and foreign government licenses, at
Licensee’s sole expense. Licensee must otherwise comply with, and contractually require that all of its employees comply with, all applicable export control laws and
regulations in the use of the Licensed Software. None of the Licensed Software may be downloaded or otherwise
exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Trea sury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied
Persons List. Licensee represents and warrants that it is not located in, under the control of, or a national or
resident of any such country or on any such list. Licensee shall defend, indemnify and hold Selectron and all
successors, assigns, affiliates, suppliers, and each of their officers, directors, employees, and agents harmless for, from, and against any and all claims, allegations, damages, liabilities, and costs and expenses (including without
limitation attorneys’ fees and costs) arising out of
Licensee’s violation of such export control laws. Licensee further agrees to comply with the United States Foreign Corrupt Practices Act, as amended.

12.13 Captions and Section Headings . The
captions and Section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

12.14 Counterparts. This Agreement may be
signed in one or mor e counterparts, each of which will be deemed to be an original copy of this Agreement, and,
when taken together, shall be deemed to constitute one
and the same agreement. Each party agrees that the
delivery of this Agreement by facsimile transmission or b y PDF attachment to an e -mail transmission will be deemed to be an original of the Agreement so transmitted and, at the request of either party, the other party will confirm facsimile or e-mail transmitted signatures by providing the original document.

12.15 Modification; Subsequent Terms . No
amendment or modification of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized signatory of Selectron and Licensee.

To the extent that the terms and conditions of the Exhibits hereto or Exhibits to subsequent amendments or
modifications of or to the Agreement (“Subsequent
Terms”) differ from those herein, those Subsequent Terms shall control the interpretation and any conflict resolution thereof. The terms on any purchase order or similar
document submitted by Licensee to Selectron will not
modify the terms and conditions of this Agreement.

12.16 Entire Agreement; Amendment . This
Agreement, including the Exhibit(s) attached hereto,
constitutes the entire agreement between the pa rties
concerning the subject matter hereof, and supersedes
(a) all prior or contemporaneous representations,
discussions, proposals, negotiations, conditions,
agreements, and communications, whether oral or
written, between the parties relating to the subject matter of this Agreement, and (b) all past courses of dealing and industry custom.

In Witness Whereof, the parties have caused this Agreement to be executed by duly authorized representatives of the parties as of the Effective Date.

SELECTRON TECHNOLOGIES, INC. LICENSEE

By: By:

Signature Signature

Name: Todd A. Johnston Name:

Title: President Title:

Date: Date:

Address: 12323 SW 66th Avenue

Portland, OR 97223

Address:

EXHIBIT A
Scope of Work
Upgrade to Relay IVR – Utility Application and Relay Outbound and Move to Managed GSA Contract # GS-35F-0315X
GSA
5-Year Contract Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL SIN 54151S, Part # PS-WSSLS
(432 Hours for Upgrade) $72,364.32 $72,364.32
SIN 54151S, Part # PS-WSSLS
(86 Hours for Hosting Services) $14,405.86 $14,405.86 $14,405.86 $14,405.86 $14,405.86 $72,029.30 SIN 511210, Part # PP-SM $22,850.00 $23,535.00 $24,240.00 $24,970.00 $25,715.00 $121,310.00 GSA Total $109,620.18 $37,940.86 $38,645.86 $39,375.86 $40,120.86 $265,703.62 Non-GSA
5-Year Contract Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL Universal Message Bundle for
Relay Channels (250,000) $0.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 $188,000.00 Non-GSA Total $0.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 $188,000.00 GSA & Non-GSA Combined
5-Year Contract Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL GSA $109,620.18 $37,940.86 $38,645.86 $39,375.86 $40,120.86 $265,703.62 Non-GSA $0.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 $188,000.00 GSA & Non-GSA Total $109,620.18 $84,940.86 $85,645.86 $86,375.86 $87,120.86 $453,703.62

2.5% GSA Volume Discount -$2,740.50
GSA & Non-GSA Total $106,879.68 $84,940.86 $85,645.86 $86,375.86 $87,120.86 $450,963.12

PRICING & PAYMENT INFORMATION
Pricing does not include additional application integration charges that may be required as part of this solution.

This includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or indirectly charged by or remitted to the Application Vendor.

PROFESSIONAL SERVICES PAYMENT SCHEDULE
45% Invoiced at time of execution of contracts
55% Invoiced upon system available for initial user acceptance testing

ANNUAL FEES, BUNDLES, AND SUPPORT
100% Invoiced at time of execution of contracts. Recurring fees are invoiced 45 days prior to renewal.

Service Year Start Date:
• If IVR is on active support: Year 1 starts when system is available for initial user acceptance testing
• If IVR is not on active support: Year 1 starts May 1, 2024

In the event the customer terminates agreement prior to the end of the commitment term, 100% of all remaining unpaid fees for the term become immediately due.

CHANGE ORDERS INCLUDING TIME AND MATERIAL RATES
• All service work and/or deliverables not listed, defined, or provided as optional deliverables in this document are considered outside of the scope of this project effort. Out of scope services will be invoiced at Selectron’s then current rate.
• If the out of scope services require a formal change order, the Company and Customer will mutually agree in writing, which will include a scope of work, timeline for delivery, Company and Customer responsibilities and the price terms and conditions. Upon acceptance by Customer and issuance of required purchasing documentation, all Change Orders shall be governed by the terms and conditions of this Agreement, no other terms or conditions shall apply. Customer acknowledges that such Change Orders may affect the implementation schedule and dates otherwise established as part of the project plan.

TAXES
Sales Tax or any other applicable taxes are not included in any of the pricing in this agreement. All applicable taxes will be invoiced, collected and remitted in accordance with state and local tax laws.

PAYMENT TERMS
Terms are net 45 days from date of invoice. Past due invoices are subject to a 1.5% per month late fee. All presented pricing is in US Dollars.

EXHIBIT B
Maintenance and Technical Support
This Exhibit describes the software maintenance and support services that Selectron shall provide for Licensee.

I. Definitions
Unless defined otherwise herein, capitalized terms used in this Exhibit shall have the same meaning as set forth in the Agreement.

A. “Error” means any failure of the Licensed Software to conform in any material respect with the Documentation.

B. “Error Correction” means either a bug fix, patch, or other modification or addition that brings the Licensed Software into material conformity with the Documentation.

C. “Priority A Error” means an Error that renders Licensed Software inoperative or causes a complete failure of the Licensed Software, as applicable.

D. “Priority B Error” means an Error that substantially degrades the performance of Licensed Software, as applicable, or materially restricts Licensee’s use of the Licensed Software, as applicable.

E. “Priority C Error” means an Error that causes only a minor impact on Licensee’s use of Licensed Software, as applicable.

II. Error Reporting and Resolution
A. Error Reporting. Selectron shall provide Licensee with telephone customer support twenty -four (24) hours per day, seven (7) days per week for the reporting of Priority A Errors, and telephone support during Selectron’s normal business hours for the reporting of Priority B and Priority C Errors, in each event excluding Selectron holidays.

B. Licensed Software Error Resolution. Selectron shall use commercially reasonable efforts to:
(a) notify applicable Vendors of all Licensed Software Errors properly reported by Licensee i n accordance with Section II(A) of this Exhibit B; (b) make available to Licensee any Error Corrections that are made available by such Vendor(s) to Selectron promptly after such Error Corrections are delivered to Selectron; and (c) update Licensee with respect to the progress of the resolution of all Licensed Software Errors.

C. Error Resolution. Licensee shall report all Errors in the Licensed Software to Selectron in sufficient detail, with sufficient explanation of the circumstances under which the Erro r occurred or is occurring, and shall reasonably classify the Error as a Priority A, B, or C Error. Selectron shall use commercially reasonable efforts to correct any Error in the Licensed Software reported by Licensee, in accordance with the priority lev el actually assigned by Selectron to such Error, as follows:

1. Priority A Errors. In the event of a Priority A Error, Selectron shall, within two (2) hours of receiving Licensee’s report, commence verification of the Error. Upon verification, Selectron sha ll use commercially reasonable efforts to resolve the Error with an Error Correction. Selectron shall use commercially reasonable efforts to provide a workaround for the Error within twenty -four (24) hours of receiving Licensee’s report of such Error, and an Error Correction within forty-eight (48) hours of receiving Licensee’s report. Selectron shall provide Licensee with periodic reports (no less frequently than once every eight (8) hours) on the status of the Error Correction.

2. Priority B Errors. In the event of a Priority B Error, Selectron shall, within six (6) hours of receiving Licensee’s report, commence verification of the Error. Upon verification, Selectron shall use commercially reasonable efforts to resolve the Error with an Error Correction. Selectron shall use commercially reasonable efforts to provide a workaround for the Error within forty -eight (48) hours of receiving Licensee’s report of such Error, and an Error Correction within six (6) business days of receiving Licensee’s report. Selectron shall provide Licensee with periodic reports (no less frequently than once every twelve (12) hours) on the status of the Error Correction.

3. Priority C Errors. In the event of a Priority C Error, Selectron shall, within two (2) business days of receiving Licensee’s report, commence verification of the Error. Upon verification, Selectron shall use commercially reasonable efforts to resolve the Error with an Error Correction. Selectron shall use commercially reasonable efforts to provide a workaround for the Error within six (6) business days of receiving Licensee’s report of such Error, and an Error Correction within three (3) weeks of receiving Licensee’s report.

Selectron shall provide Licensee with periodic reports on the status of the Error Corre ction.

Statement of Work
Victorville, CA
Relay

UTILITY PACK

1. Overview ...................................................................................................... 2

1.1. Revision History ................................................................................................................ 2

2. Functionality ................................................................................................. 3

2.1. The Relay Platform ........................................................................................................... 3

2.2. Utility Pack ........................................................................................................................ 3

2.3. Relay Builder..................................................................................................................... 4

2.4. Relay Outbound................................................................................................................ 4

2.5. Payment Processing ......................................................................................................... 6

2.6. Languages ......................................................................................................................... 6

3. System Integration ........................................................................................ 7

3.1. Application Database Interfaces ...................................................................................... 7

3.2. Payment Gateway Interfaces ........................................................................................... 7

4. Deployment Model ....................................................................................... 8

4.1. Hosted IVR Access ............................................................................................................ 8

5. Administrative Tasks ..................................................................................... 8

5.1. Activity Widgets ............................................................................................................... 8

5.2. Run System Reports ......................................................................................................... 9

5.3. Schedule Outbound Campaigns ..................................................................................... 10

6. Responsibilities ........................................................................................... 11

6.1. Selectron Technologies, Inc............................................................................................ 11

6.2. Victorville, CA ................................................................................................................. 13

EXHIBIT C
Statement of Work
August 15, 2024 Page 2 of 14

1. Overview
This Statement of Work (SOW) outlines the services provided by Selectron Technologies, Inc. (Selectron) to Victorville, CA (Victorville or Customer). This project will be completed in two phases.

Phase 1: Move the existing Gen4 IVR and Outbound solution from on-premise deployment to Selectron’s Managed Services environment.

Phase 2: Upgrade the Gen4 solution to the latest release point of Relay IVR, Outbound, and Builder.

The features, functionality, and services are provided through Selectron Technologies’ Relay communication platform (Relay).

1.1. Revision History
Version # Details Date

1.0 Initial Release 05/31/2024

1.1 Update: including cash-only flag
to e-checks and convenience fee
to credit card payments
8/15/2024

August 15, 2024 Page 3 of 14

2. Functionality
This section details the functionality of each application included in Relay. All functions and features are dependent upon the accessibility of Victorville’s Munis CIS application database to provide the given data to Relay.

2.1. The Relay Platform
The Customer’s solution is powered by Selectron’s Relay platform. Relay is a multi- channel, multi-department platform designed to connect Customers and government agencies, and utilities. The Relay platform uses a number of different application packs specific to the market being serviced. In addition to each application pack, the Relay channels include interactive voice response (IVR), web, outbound, call center agent assistance, and interactive texting capabilities all in a single platform.

The following sections detail the functionality that will be implemented for the Customer. Additional channels, applications, and integrations that are not specified in this SOW are not included but may be able to be added to the system under a supplemental statement of work.

2.1.1. Application Packs and Channels
The Customer’s solution includes the following application pack and channels:
• Application packs:
o Utility Pack
• Channels:
o IVR
o Outbound

2.2. Utility Pack
The solution will be configured with the Utility Pack. The Utility Pack offers the Customer’s end user with a central point of access for account management and payments. The end user will be able to enter an account number and access account data and activities based on the channel being implemented.

2.2.1. IVR Channel
The IVR Channel for the Utility Pack provides callers with an Interactive Voice Response (IVR) system for accessing account information and making payments over the phone.

Citizens can call the Utility IVR channel to hear account information and to make a payment. Citizens will access their account using an account number or other identifier as indicated below. The IVR validates this data against the Customer’s application database. Once the account is validated, the IVR will speak the service address, followed August 15, 2024 Page 4 of 14
by the current balance owed and the due date. During the kickoff phase of the implementation project, Selectron and the Customer will need to determine the exact terminology and methodology around presenting ‘current’ and ‘delinquent’ amounts due to the user. The caller will then be prompted to make a payment. If no payment is due, then the IVR will say there is currently no payment due.

The functionality of the IVR will include the following:
• Current balance owed
• Last billing date and amount (up to last 6)
• Last payment date and amount (up to last 6)
• Next payment due date
• Payment Processing – Credit Card and E-Check
Callers will also be able to transfer to an agent. If a caller requests a transfer, the IVR performs a transfer to a number specified by the Customer.

IVR service requires a local-to-customer phone number. Selectron can either use an existing number provided by customer, or obtain and provide a number if needed.

IVR Services are provided by the Call. A Call is defined as a successful completed connection. A Call can be up to 4 minutes in length, with each additional 4 minute period counted as an additional Call. Actions such as transfer that result in multiple connected circuits are counted on the per circuit basis and are measured for the duration of the connection including the time after a transfer occurs.

2.3. Relay Builder
Relay Builder allows users to create their own Interactive Voice Response (IVR) call tree within the web-based Relay Portal. Through step-by-step call flow construction, Builder guides callers to the information they need. With Builder, users can add nodes and menus for:
• Spoken information
• Document requests by fax
• Transfers to departments or representatives
• Options to funnel callers directly into specific sections of pre-existing Selectron IVR(s)

2.4. Relay Outbound
Relay Outbound provides the Customer’s staff with a multi-channel outbound communication platform capable of sending citizens voice, SMS, and email messages. Messages can be configured to include dynamic account data designed to be sent to specific recipients or can be designed as ‘general

August 15, 2024 Page 5 of 14

information’ messages without customer-specific data. This implementation includes Spanish language for Selectron-generated Outbound campaigns only.

Messaging Channels:

• Voice: Phone campaigns with options for Selectron-created notifications that utilize professional voice recording and/or Customer-generated messages created using text-to-speech technology. • SMS: Attention grabbing text message notifications that can be configured to send both dynamic customer information or general messages.
• Email: Notifications sent directly to the customer’s inbox. Can include dynamic, customer specific information or generalized messaging depending on campaign configurations.

Notification Options:

• Event-triggered notifications
These notifications are a reactive response to a specific event.

• Automated Notifications
These notifications are designed to be sent to a list of specific recipients. These notifications are created by Selectron based on the needs of the Customer using the business rules of the customer. All campaigns are run based on the schedule outlined by Customer. In addition to the customer-configured messages, Selectron will design one message template during the implementation process. This Selectron-created template will use professional voice recording for voice messages instead of text-to-speech. This project includes one Selectron-built notification to be determined between the City and Selectron.

• User-Generated Campaigns
These notifications are designed to be sent to a list of specific recipients. Outbound messaging campaigns can be designed by the Customer’s staff using Relay Portal, and use text-to-speech technology.

Relay Portal allows users to:
• Schedule one time, daily, weekly or monthly outbound campaigns • Use dynamic data variable in any campaign
• Set runtime windows and overflow rules for campaigns

2.4.1. User-Generated Notifications
The Customer can send end-user-defined notifications to citizens via phone, email, or SMS text. The Customer is responsible for defining and configuring these notifications, which can be done via the Relay Portal. Training for configuring and recording these notifications will be provided at the end of the implementation process.

August 15, 2024 Page 6 of 14

2.4.2. Smart Transfers
Allows a call recipient to request a transfer to the agency's hosted Selectron IVR in order to make a payment. Data is carried over with this transfer, allowing the user to make a payment without having to re-enter their account information.

2.5. Payment Processing
The Relay solution can be configured to accept credit card and e-check payments, allowing citizens to make payments. The payment processing engine is a PA-SSF-Verified payment system that does not retain any payment information. Users will need to enter their payment information for each transaction.

The Relay payment application interacts with the Customer’s selected payment gateway to provide payment functionality. To make a payment, users will need to authenticate and provide valid payment information. Relay validates the user’s payment information before passing it to the payment gateway. When a payment is reported as successful, Relay will post an update to the Customer’s application database in real-time (as long as an API for such an update is available).

The solution will be able to take payments from citizens via the following payment methods: Credit/debit or E-check

2.5.1. Credit Card
The interactive solution accepts Visa®, MasterCard®, Discover®, and American Express®.

Victorville can elect to accept all or a subset of these card types. Any credit card types not accepted by the Customer will not be accepted by the solution. When taking a payment, Relay verifies the credit card number and expiration date. For more security, the Customer can choose to verify the cardholder’s zip code and/or security code. All credit card transactions are sent through the designated payment gateway.

2.5.1.1 Convenience Fees
The solution will be configured to add a convenience fee to the payment amount for credit card transactions only. The fee can be a flat amount or a percentage of the payment amount. The fee must be disclosed to the payer before submitting their payment for authorization.

The agency’s required merchant service provider’s (MSP) API must support a convenience fee model. In addition, the MSP and agency negotiate the fee that is charged and collected as well as the credit card association rules associated with this model.

August 15, 2024 Page 7 of 14

2.5.2. E-Check via Cybersource
Users wishing to pay via E-Check will need to enter their bank routing number and bank account number. All E-Check transactions are sent through the designated payment gateway. The solution will also recognize customers who are flagged as “cash only” in the backend database and prevent them from making e-check payments via the IVR.

2.6. Languages
The Customer’s Relay application will be configured to support English and the following additional language(s):
• Spanish
The additional language module(s) enables the solution to support non-English-language users. Additionally, all dates, numbers, ordinals, currencies, and letters are translated voice recorded to the appropriate language.

The generated-voice prompts use a vocabulary and dialect predetermined by Selectron.

Additions and changes to the prompts to account for regional differences are subject to time and materials billing.

The Customer will be able to define a transfer destination for each language available on the IVR.

3. System Integration
Depending on the implemented features, Relay requires varying levels of integration with other database components. These are described in the following sections.

3.1. Application Database Interfaces
It is anticipated that Selectron will be integrating with the Customer’s backend application database. All data-based interactivity on the solution is reliant upon data being available via the application vendor APIs.

During the implementation phase, if necessary data are not available via the included APIs, the project will be impacted. This may affect the implementation timeframe and result in additional professional service fees.

3.2. Payment Gateway Interfaces
For payment processing, Relay will be integrating to the Customer’s selected payment gateway. The payment processing service is PCI - SFF validated. Integration to the payment gateway initiates the collection and reconciliation of the payments being gathered by the department.

August 15, 2024 Page 8 of 14
The purchase of the application does not cover the following processing fees and services:
• Transaction fees
• Merchant accounts
• Third-party payment processing services, fees, and software

4. Deployment Model
This implementation of Relay will be deployed in Selectron’s Relay Managed Services environment.

Relay Managed Services is a hosted application environment, located in Selectron’s local hosting facility. Selectron’s hosting facility is a co-located data center featuring keyed entry and individual server locks for security. With a Managed Services solution, Selectron owns all hardware and is responsible for security, ongoing maintenance, and proactive support.

4.1. Hosted IVR Access
For optimal user experience and telecom usage, it is recommended that callers access the hosted IVR by dialing directly into the hosted solution using a local 10-digit number, which Selectron will provide. If the Customer elects to have calls routed through their phone system first before connecting to the IVR, two customer telecom channels may be tied up during the duration of the entire call, and callers may experience a decrease in call quality.

5. Administrative Tasks
This section details administrative tasks that can be performed to manage Relay. All system administration for Relay is handled through the Relay Portal web application. The Customer’s administrator will be provided with user credentials for Relay Portal during the implementation process. Additional users can be created by the administrator as needed. Permissions can be assigned per-user; permissions govern the functionality available to a given user.

The Relay Portal provides administrators with a single platform for viewing system usage and health, running reports, and configuring various system settings. The Relay Portal is supported on Chrome, Firefox, Microsoft Edge, and Safari.

5.1. Activity Widgets
The Customer’s solution is equipped with the following dashboard widgets, allowing for the easy tracking of daily activity and statistics.

Activity
o Builder Activity – Tracks and reports IVR activity trends, displayed through a line graph
August 15, 2024 Page 9 of 14
o Call Activity – Tracks and reports call activity with line graph o IVR Usage – Display call statistics, including peak (concurrent) call activity Payments
o Payments Widget – Tracks and reports payment activity with displayed numbers Support System
o System Status Widget – Tracks status of the system through Ping and Database displays
o Today Widget – Displays date, holiday, office hours, and greeting information Outbound
o Outbound: Completed Summary – Summarizes and displays data of completed outbound campaigns
o Outbound: Running Now – Tracks, reports, and displays current outbound data through a percentage chart
o Outbound: Up Next – Tracks, report and displays upcoming outbound campaign data through a time countdown

5.2. Run System Reports
Administrators will be able to run system reports via the Relay Portal.

5.2.1. Reports Center
• Running / Saving Reports - Depending on your permissions, the Reports Center has a large number of system, activity, and usage reports that you can run. Saving a Report - To save a report (including how you have set the filters), click the desired file type you want to download, either PDF or Excel. The Portal will automatically generate the file and allow you to download it.

The solution will also be equipped to provide the following reporting functions:

5.2.1.1 Activity Reports
• Call Activity Report - This report provides a graph of different activity types performed by callers on the IVR over a relative span of time (hour over hour, day over day, month over month, and more).
• Call Activity Detail Report - Use this report to find a specific call or group of calls. Search by date/time, the caller’s phone number, or other identifying information to find calls of interest.
• Call Statistics Report - This report provides aggregate facts and statistics about calls into the IVR including average call lengths, longest calls, and whether or not actions were completed by callers.
• Email Activity Report - This report provides a list of all emails sent on a specified date.

August 15, 2024 Page 10 of 14
• IVR Usage Report - This report provides data on peak (concurrent) calls and average calls, hour by hour, over a selected date range. • Multiple Calls Report - This report provides insight on how many times incoming phone numbers have called the IVR within a specified range of time.
• System Status Report - See a log of system events, including reboots and changes in the system's overall status or health.

Payment Reports
• Payment Detail Report - This report shows the details of all payments attempted and approved through available channels (such as IVR and web) for a selected time range and/or account number.
• Payment Summary Report - This report shows the summary of payments attempted and approved through available channels (such as IVR and web) for a selected time range.
• Payment by Day Report - This report shows the cumulative transactions by type (Credit Card or Check) for each day of the month for a selected time range.
• Payment Response Time Summary Report - This report displays the average response time to the payment gateway for all payment attempts, by channel.

Relay Outbound Reports
• Outbound Campaign Detail Report – This report shows the detail of Outbound campaign messages delivered for a specific Campaign Type. • Outbound Campaign Summary Report – This report shows the summary of Outbound campaign messages delivered for a specific Campaign Type. • Outbound Import Errors Report - This report shows all recipients that were not contacted due to incomplete data or errors.

5.3. Schedule Outbound Campaigns
Using the Relay Portal, administrators can create, edit, and review outbound campaigns made using Relay Outbound. Each instance of an outbound campaign must be scheduled individually. This includes selecting the type of notification, the date/time of delivery, and (for user-generated notifications) the configuration of the message.

The administrator will also need to upload a contact list in .csv format for the notification. The exact formatting of the .csv file will vary depending on the notification being scheduled. Selectron will provide the Customer with example .csv files for the configured notifications included in this project, as well as assistance in generating the outbound call list.

August 15, 2024 Page 11 of 14

6. Responsibilities

6.1. Selectron Technologies, Inc.

This section outlines Selectron Technologies’ responsibilities regarding service initiation and operation.

6.1.1. Provide Project Management
Selectron Technologies assigns a Project Manager to the service implementation. The Project Manager is the Customer’s primary contact at Selectron Technologies and coordinates all necessary communication and resources.

6.1.2. Provide Documentation
The Project Manger provides the Customer with the documents to help facilitate the service implementation process. Some or all of these may be provided depending on the scope of the project.
• Implementation Questionnaire- gathers critical information needed to set up and initiate the service. This includes information on the toll-free numbers, call volume, APIs, account validation information, and the types of payments being gathered.
• Remote Access Questionnaire- details information that Selectron Technologies needs to remotely access the Customer’s network and application database prior to system initiation, allowing for complete system testing.
• Implementation Timetable- details project schedule and all project milestones.
• Quality Assurance Test Plan- assists the Customer in determining that the interactive solution is functioning as specified in the Contract. • Service Acceptance Sign-off Form- indicates that the Customer has verified service functionality.

6.1.3. Develop Channel Design
The Project Manager works with the Customer to develop and complete the following portions of channel design:
• IVR call flow design
• Outbound messaging configuration
Software development can begin once these design elements are completed and approved by the Customer.

August 15, 2024 Page 12 of 14

6.1.4. Perform Quality Assurance Testing
Selectron Technologies thoroughly tests all applications and integration points prior to initiation, ensuring system functionality. This includes data read from and written to the application database and the general ability for a customer to successfully access live data and complete a transaction.

6.1.5. Provide Installation and Administrative Training Selectron will provide remote training for the Relay solution. All installation is handled by Selectron technical staff at our remote hosting facility.

6.1.6. Provide Marketing Materials
Selectron Technologies provides marketing collateral that the Customer can use to promote the interactive solution to citizens. Marketing collateral includes a poster, tri- fold brochure, and business card; standard templates for each item are used. Collateral is provided to the Customer in PDF format (original Adobe InDesign files are provided upon request).

Marketing collateral will be provided for each department included in this project.

Selectron Technologies’ Project Manager will assist in gathering the correct information to be displayed on the marketing collateral. Information displayed includes the following:
• IVR phone number(s)
• Department logo (preferably in EPS format)
• Department address
• A description of functionality
• Additional contact/informational phone numbers
• Samples: where to find account/ permit/ case numbers, etc.

Any changes to the collateral that do not include the items listed above (e.g., design changes to the template) are billed on a time and materials basis. Any changes to the marketing materials after final delivery are also billed on a time and materials basis.

6.1.7. Interface Upgrades
After service initiation, the Customer’s database application may release new updates to their application or its interface. Upgrading the Relay interface to be compatible with any of the Customer’s application databases (or other application database software) may require professional services outside the scope of this service.

August 15, 2024 Page 13 of 14

6.2. Victorville, CA
This section outlines the Customer’s service implementation and maintenance requirements and responsibilities.

6.2.1. Return Questionnaires and Information
Selectron Technologies’ Project Manager provides the Customer with an implementation questionnaire. The implementation questionnaire must be returned prior to developing the call flow design and the implementation timetable.

6.2.2. Provide Customer Specific Information
The following information should be supplied to Selectron Technologies, in conjunction with the Implementation Questionnaire, to help create a precisely integrated product.

For further clarification on the format and detail of the following data, refer to the Implementation Questionnaire or contact your Selectron Technologies’ Project Manager.
• Street names
• Observed holidays
• Extensions used for transfer functions
• Utility account numbering scheme
• Validations used for receiving payment on a utility bill

6.2.3. Approve Channel Configuration
The Customer is responsible for approving the application design developed by Selectron Technologies’ Project Manager. This includes reviewing:
• IVR call flow design
• Outbound messaging configuration
• Builder call flow design
Once the channel design(s) have been approved, software development begins.

6.2.4. Provide Remote Network Access to Application Database(s) To fully test the interactive solution, Selectron Technologies requires access to the Customer’s application database(s) prior to installation. The Customer will help facilitate communication between Selectron and the database vendor.

6.2.5. Provide System Access
Selectron Technologies requires access to the Customer’s network and database/ system. Changing or deleting access accounts could disrupt service for the interactive solution and/or Selectron Technologies’ ability to provide timely support. Please notify August 15, 2024 Page 14 of 14
Selectron Technologies immediately if the accounts for the Application Database, the payment gateway, or the network are modified. The Customer is responsible for providing Selectron with appropriate application database and payment gateway network access as defined in the System Integration section.

6.2.6. Confirm Service Functionality
The Customer has 30 calendar days after service initiation to verify the functionality of the interactive solutions. Within the 30-day system acceptance period, the Customer should test system functionality using the provided Quality Assurance Test Plan.

Additionally, the System Acceptance Sign-off form must be sent to Selectron Technologies’ Project Manager within this period.

6.2.7. Contact Customer Support
Anytime the Customer requests a significant change to their Selectron interactive solution, an authorized contact from the agency must provide acknowledgment to Selectron’s Customer Support Department. A significant change is a modification that will A) change system behavior, B) allow users to change the system, or C) allow access to protected data.

EXHIBIT D
SELECTRON TECHNOLOGIES, INC.

END USER LICENSE AGREEMENT
This End User License Agreement (this “ EULA”) is part of a Master Services and Hosting Agreement (the “Master Agreement”) between Selectron Technologies, Inc., an Oregon corporation (“ Selectron”, “we”, “our”, or “us”) and the person or entity identified in the Master Agreement as the Licensee purchasing Services from us (“Licensee”). This EULA governs use by Licensee and all natural persons t o whom Licensee provides access to the Licensed Software (each, an “ Authorized User ”). In this EULA, unless the context clearly indicates otherwise, all references to “you,” or “your” means both the Licensee and the Authorized User. All capitalized terms used but not defined in this EULA have the meanings given to them in the Master Agreement.

SELECTRON PROVIDES THE LICENSED SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. IF YO U DO NOT AGREE TO THE

TERMS OF THIS EULA, SELECTRON WILL NOT AND DOES NOT LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MUST NOT USE OR ACCESS THE SOFTWARE.

1. License Grant . Subject to your strict compliance with this EULA, Selectron hereby grants you a non - exclusive, non -transferable, non -sublicensable, limited license to use the Licensed Software solely in accordance with the Documentation, the Master Agreement, and this EU LA, for Licensee's internal business purposes. The foregoing license will terminate immediately on the earlier to occur of:
(a) the expiration or earlier termination of the Master Agreement between Selectron and Licensee; or
(b) your ceasing to be authorized by L icensee to use the Licensed Software for any or no reason.

2. Scope of License. Subject to and conditioned upon Licensee's timely payment of the fees set forth in the Master Agreement and your strict compliance with all terms and conditions set forth in thi s EULA and the Master Agreement, you have a limited right and license to:
(a) Use and access the Licensed Software in accordance with this EULA and the Documentation, solely for Licensee's internal business purposes. (b) Download, display, and use the Documentatio n, solely in support of Licensee’s use and access of the Licensed Software in accordance herewith. (c) Download, display, copy, use, and create derivative works of reports and structured data generated using the Licensed Software, solely for Licensee’s internal business purposes.

3. Copies. All copies of the Licensed Software and Documentation made by you:
(a) Will be the exclusive property of Selectron;
(b) Will be subject to the terms and conditions of the Master Agreement and this EULA; and (c) Must include all trade mark, copyright, patent and other intellectual property rights notices contained in the original.

4. Use Restrictions. You shall not, directly or indirectly:
(a) Use the Licensed Software beyond the scope of the license granted in the Master Agreement and Section 2 of this EULA;
(b) Copy all or any portion of the Licensed Software, except as expressly permitted in Section 2 of this EULA;
(c) Decompile, disassemble, decode, or otherwise reverse engineer the Licensed S oftware, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Licensed Software or any portion thereof; (d) Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Licensed Software or any part thereof; (e) Provide any other person, including any subcontractor, independent contractor, affiliate, service provider, or other employee of Licensee, with access to or use of the Licensed Software, except as expressly permitted by the Master Agreement or this EULA;
(f) Distribute, disclose, market, rent, lease, lend, sell, timeshare, sublicense, assign, distribute, pledge, publish, transfer or otherwise make available the Licensed Software or any features or functionality of the Licensed Software, to any third party for any reason, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service, except as expressly permitted by the Master Agreement or this EULA; (g) Use the Licensed Software for the commercial or other benefit of a third party; (h) Permit the Licensed Software to be used for or in connection with any facility management, service bureau, or time-sharing purposes, services, or arrangements, or otherwise used for processing data or other information on behalf of any third party; (i) Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices, legends, symbols, or labels appearing on or in the Licensed Software, including any copy thereof;
(j) Perform, or release the results of, benchmark tests or other comparisons of the Licensed Software with other software or materials;
(k) Incorporate the Licensed Software or any portion thereof into any other materials, products, or services, except as expressly permitted by the Master Agreement or this EULA; (l) Use the Licensed Software for any purpose other than in accordance with the terms and conditions of this EULA and the Master Agreement.
(m) Use the Licensed Software in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including (i) power generation systems; (ii) aircraft navigation or communication systems, air traffic contro l systems or any other transport management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; (iv) military or aerospace applications , weapons systems or environments;
(n) Use the Licensee Data or the Licensed Software in any way that is fraudulent, misleading, or in violation of any applicable laws or regulations (including federal, state, local, and international laws and regulations), including but not limited to export or import control laws, information privacy laws, and laws governing the transmission of commercial electronic messages; or
(o) Use the Licensed Software for purposes of competitive analysis of the Licensed Software, the development of a competing software product or service or any other purpose that is to Selectron's commercial disadvantage.

5. Collection and Use of Information . Selectron may, directly or indirectly through the services of others, including by automated means and by means of providing maintenance and support services, collect and store information regarding your use of the Licensed Software , its performance, the equipment through which the Licensed Software accessed and used, such as dates and times of use by e ach Authorized User, activities conducted using the Licensed Software , the type of web browser used to access the Licensed Software, the operating system/platform you are using, your IP address, and your CPU speed. You agree that the Selectron may use suc h information for any purpose related to the Licensed Software , including but not limited to improving the performance of the Licensed Software , developing Updates, and verifying compliance with the terms of this Agreement and enforcing Selectron's rights, including all intellectual property rights in and to the Licensed Software.

6. Intellectual Property Rights . You acknowledge that the Licensed Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Licensed Software under this EULA or the Master Agreement, or any other rights to the Licensed Software other than to use the Licensed Software in accordance with the license granted under this EULA and the Master Agreement, subject to all terms, conditions and restrictions contained therein and herein. Selectron reserves and shall retain its entire right, title and interest in and to the Licensed Software and all intellectual property rights arising out of or relating to the Licensed Software, subject to the licenses expressly granted in the Master Agreement and this EULA. You shall use commercially reasonable efforts to safeguard all Licensed Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.

7. Login Credentials. You, the Authorized User, shall not share or disclose your log -in credentials with or to any other individual or entity, even if such other individual is also an Authorized User. If you discover or suspect that log-in credentials of any Authorized User have been accessed or used by anyone other than the individual to whom such log-in credentials were originally granted, you will promptly notify Selectron, and Selectron shall promptly reset or provide Licensee with a means of resetting the password associated with such log-in credentials.

8. Export Regulation. The Licensed Software may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, r e-export or release the Licensed Software to, or make the Licensed Software accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Licensed Software available outside the US.

9. Governing Law. This EULA shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that w ould cause the application of laws of any jurisdiction other than those of the State of Oregon.

ATTACHMENT B
Quote #WE6649H

Quote WE6649H
Nov. 12, 2024
Quote Expires on Feb. 28, 2025

City of Victorville, CA
Upgrade to Relay IVR – Utility Application and Relay Outbound and Move to Managed

GSA Contract # GS-35F-0315X

GSA
5-Year Contract Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL SIN 54151S, Part # PS-WSSLS
(432 Hours for Upgrade) $72,364.32 $72,364.32
SIN 54151S, Part # PS-WSSLS
(86 Hours for Hosting Services) $14,405.86 $14,405.86 $14,405.86 $14,405.86 $14,405.86 $72,029.30 SIN 511210, Part # PP-SM $22,850.00 $23,535.00 $24,240.00 $24,970.00 $25,715.00 $121,310.00 GSA Total $109,620.18 $37,940.86 $38,645.86 $39,375.86 $40,120.86 $265,703.62

Non-GSA
5-Year Contract Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL Universal Message Bundle for
Relay Channels (250,000) $0.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 $188,000.00 Non-GSA Total $0.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 $188,000.00

GSA & Non-GSA Combined
5-Year Contract Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL GSA $109,620.18 $37,940.86 $38,645.86 $39,375.86 $40,120.86 $265,703.62 Non-GSA $0.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 $188,000.00 GSA & Non-GSA Total $109,620.18 $84,940.86 $85,645.86 $86,375.86 $87,120.86 $453,703.62

2.5% GSA Volume Discount -$2,740.50
GSA & Non-GSA Total $106,879.68 $84,940.86 $85,645.86 $86,375.86 $87,120.86 $450,963.12

MANAGED SERVICES APPLICATION SCOPE AND ASSUMPTIONS

Application Database Integration:

Integration to Tyler Munis requires appropriate ports enabled within the customer’s network and VPN connectivity, as determined is necessary during the system implementation.

IVR Utilities:

Interactive Voice Response (IVR) system for Utilities. Self-service options for:
• Accessing account information
• Taking credit/debit and/or e-check payments over the phone • Billing history
• Convenience fee for credit card payments
• Block e-Check payments for accounts marked as “Cash Only” in Tyler Munis

Builder: This platform enables administrators to create and record their own call tree as part of their IVR within Relay Portal. Builder utilizes legacy text-to-speech technology and can include English or Spanish.

Payments: This payment module allows callers to pay their utility bills with credit/debit cards or e-checks via the IVR.

Spanish Language: A cognitive text-to-speech translation engine that supports multi-language IVR functionality with human-like recordings. The prompts include all words, dates, numbers, ordinals, currencies, and letters in the appropriate language.

Outbound:

Multi-channel outbound communication platform capable of sending SMS, voice, or email notifications. Customer- centric notifications includes event-triggered, automated and user-generated campaigns enabled with or without dynamic data.

Smart Transfers to IVR: Allows a call recipient to request a transfer to the agency's hosted Selectron IVR in order to make a payment. Data is carried over with this transfer, allowing the user to make a payment without having to re-enter their account information.

Relay Portal:

The proposed solution is managed through a single, web-accessible online administrative site called Relay Portal.

Relay Portal provides users with access to several 'centers', each providing key administrative functionality, including running reports and analytics, administrative controls, and support requests.

Managed Services:

Relay Managed services is a hosted application environment, purpose-built in our secure environment, and adheres to Payment Card Industry compliance standards. Includes our premier 24/7 support, ongoing vulnerability scanning and penetration testing, and full-stack security updates.

PRICING & PAYMENT INFORMATION
Pricing does not include additional application integration charges that may be required as part of this solution. This includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or indirectly charged by or remitted to the Application Vendor.

PROFESSIONAL SERVICES PAYMENT SCHEDULE
45% Invoiced at time of execution of contracts
55% Invoiced upon system available for initial user acceptance testing

ANNUAL FEES, BUNDLES, AND SUPPORT
100% Invoiced at time of execution of contracts. Recurring fees are invoiced 45 days prior to renewal.

Service Year Start Date: Year 1 starts when system is available for initial user acceptance testing

In the event the customer terminates agreement prior to the end of the commitment term, 100% of all remaining unpaid fees for the term become immediately due.

Customer acknowledges that such Change Orders may affect the implementation schedule and dates otherwise established as part of the project plan.

PAYMENT TERMS
Terms are net 45 days from date of invoice. Past due invoices are subject to a 1.5% per month late fee. All presented pricing is in US Dollars.

VENDOR INFORMATION
Selectron Technologies, Inc.
13535 SW 72nd Avenue, Suite 200
Tigard, OR 97223
Ph: 503.443.1400 Fax: 503.443.2052

ATTACHMENT C
GSA Contract #GS-35F-0315X

GENERAL SERVICES ADMINISTRATION Federal Supply Service Authorized Federal Supply Schedule Price List On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The INTERNET address GSA Advantage!® is: GSAAdvantage.gov. Multiple Award Schedule FSC Group: Information Technology FSC Class: Contract number: GS-35F-0315X Contract period: April 6, 2011 through April 5, 2026 Selectron Technologies, Inc. 12323 SW 66th Avenue Portland OR 97223-8056 503-443-1400 – Phone 503-443-2052 - Fax https://www.selectron.com Matthew Corbin, Executive Vice President [email protected] 503-443-1400 - Phone Business size: Small For more information on ordering from Federal Supply Schedules go to the GSA Schedules page at GSA.gov. Price list current as of Modification PA-0025 effective March 23, 2023 Prices Shown Herein are Net (discount deducted)

2 CUSTOMER INFORMATION 1a. Table of awarded special item number(s) with appropriate cross-reference to item descriptions and awarded price(s). SIN Description 511210 Software Licenses – Includes both Term and Perpetual software licenses and Maintenance. 54151S Information Technology Professional Services OLM Order-Level Materials (OLM) 1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply. SIN Part Number Description Net GSA Price 511210 ATLC-UL-100 Atlas Locations Additional Annual User License (100+ users) $86.15 54151S Project Manager $167.51 54151S Software Development Manager $167.51 54151S Software Development Engineer $167.51 54151S Installation & Training Specialist $167.51 54151S Customer Support Engineer $167.51 54151S PS-WSSLS Standard Labor rate - w/active support $167.51 1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item. PROJECT MANAGER Minimum/General Experience Minimum five years’ experience leading multiple technical projects in a software development environment, with successful on-time and on-budget completion. Strong organizational and detail tracking skills, as well as thorough familiarity with a broad array of project and program management tools and processes. Excellent written and spoken communication skills required, including strong negotiation skills. 3 Functional Responsibility Manages projects and works with diversified teams of software engineers and technicians to deliver successful client solutions. Responsible for multiple ongoing internal and customer projects. Drives continual improvement of practices and tools. Fosters innovation in project management operations. Minimum Education Bachelor's degree (B.S.) or equivalent from four-year college or university. SOFTWARE DEVELOPMENT MANAGER Minimum/General Experience Minimum seven years of related software development experience, with a minimum of four years of proven experience in establishing, supervising, and managing successful development team(s). Strong interpersonal, communication, organizational, mentoring, and leadership skills required. Functional Responsibility Manages all activities of the software development teams, leading a highly skilled technical group. Holds overall responsibility for development, maintenance, and implementation of software development processes and products. Directly supervises 10 to 20 employees, which includes interviewing, hiring, and training; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees as necessary; and resolving problems. Minimum Education Bachelor's degree (B.S.) or equivalent from four-year college or university. Education in a technical field that includes exposure to software development methodologies and practices, as well as modern software languages and technologies. SOFTWARE DEVELOPER ENGINEER Minimum/General Experience Minimum 2 years of related software development/engineering experience with a track record of delivering commercial quality software products and solutions. Demonstrable industry track record of delivering commercial quality software products and scenarios. Strong communication skills, including the ability to communicate effectively in person, in writing, and in small groups. Proficiency with 4 and/or expert knowledge of the following programs: C#, ASP.NET, and IIS; Web technologies (HTTP, HTML, CSS, XML); SQL Server 2005/2008; Visual Studio 2008/2010; .NET 3.5/4.0; Web Services; Silverlight; Expression Blend; Windows Communication Foundation; Office 2007/2010. Functional Responsibility Works as a member of an experienced and highly productive engineering team that delivers software using an agile development process. Develops applications in support of Selectron Technologies’ customers and business strategy. Minimum Education Bachelor's degree (B.S.) or equivalent from four-year college or university. INSTALLATION & TRAINING SPECIALIST Minimum/General Experience Minimum two years’ experience working with computers, including knowledge of basic computer hardware components, troubleshooting, and general computer configuration. Strong working knowledge of Microsoft Office Suite. Functional Responsibility Installs all Selectron Technologies-provided equipment, performing any configuration required and testing system installations. Ensures system configurations are performed according to established guidelines, and according to production schedules as defined by the Project Management team. Responsible for managing, maintaining, and reporting on proper inventory levels. Minimum Education Associate's degree (A.A.) or equivalent from two-year college or technical school; or two years related experience; or equivalent combination of education and experience. BS preferred. A+, MS, or similar network certification desired. CUSTOMER SUPPORT ENGINEER Minimum/General Experience Three (3) or more years of experience providing customer software support for automated response systems. Experience supporting highly technical products and services. Excellent written and verbal skills. 5 Functional Responsibility Maintains overall responsibility for all front-line phone, web, and e-mail support provided to customers, which includes tracking support issues, researching reported issues, and working with other team members to identify solutions. Minimum Education Bachelor's degree (BA/BS) or equivalent from four-year college or university, preferably in a technical field. 2. Maximum order: SINs Maximum Order 511210 $500,000 54151S $500,000 OLM $250,000 3. Minimum order: $1,000.00 4. Geographic coverage (delivery area). Domestic 5. Point(s) of production (city, county, and State or foreign country). Selectron Technologies, Inc. 12323 SW 66th Avenue Portland OR 97223-8056 6. Discount from list prices or statement of net price. Government Net Prices (discounts already deducted.) 7. Quantity discounts. • SelecTxT and Atlas Software - 2.0% Additional discount on orders exceeding $100,000.00 • Interactive Voice Response Software – 2.5% Additional discount on orders exceeding $100,000.00 All other products/labor categories: None 8. Prompt payment terms. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. Net 30 days 9. Foreign items (list items by country of origin). Not Applicable 6 10a. Time of delivery. (Contractor insert number of days.) SIN DELIVERY TIME (Days ARO) SIN 511210 90 Days SIN 54151S To Be Determined at Task Order Level 10b. Expedited Delivery. Items available for expedited delivery are noted in this price list. Contact Contractor 10c. Overnight and 2-day delivery. Contact Contractor 10d. Urgent Requirements. Contact Contractor 11. F.O.B. point(s). Destination 12a. Ordering address(es). Selectron Technologies, Inc. 12323 SW 66th Avenue Portland OR 97223-8056 12b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3. 13. Payment address(es). Selectron Technologies, Inc. 12323 SW 66th Avenue Portland OR 97223-8056 14. Warranty provision. Standard Commercial Warranty Terms & Conditions Selectron Product Warranty Every Selectron Technologies installation includes a twelve-month warranty which consists of PremierPro Support of all software and hardware that comprises the solution. Technical support beyond the first year is available through an annual Support and Maintenance Agreement. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 7 15. Export packing charges, if applicable. Not Applicable 16. Terms and conditions of rental, maintenance, and repair (if applicable). Not Applicable 17. Terms and conditions of installation (if applicable). Not Applicable 18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). Not Applicable 18b. Terms and conditions for any other services (if applicable). Not Applicable 19. List of service and distribution points (if applicable). Selectron Technologies, Inc. 12323 SW 66th Avenue Portland OR 97223-8056 20. List of participating dealers (if applicable). Not Applicable 21. Preventive maintenance (if applicable). Not Applicable 22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). Not Applicable 22b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g. contractor’s website or other location.) The EIT standards can be found at: www.Section508.gov/. Not Applicable 23. Unique Entity Identifier (UEI) number. MMUAN8RFJDZ7 24. Notification regarding registration in System for Award Management (SAM) database. Contractor registered and active in SAM PERPETUAL SOFTWARE LICENSES (SIN 511210) 1. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. 8 2. ENTERPRISE USER LICENSE AGREEMENTS REQUIREMENTS (EULA) The Contractor shall provide all Enterprise User License Agreements in an editable Microsoft Office (Word) format. 3. GUARANTEE/WARRANTY a. Unless specified otherwise in this contract, the Contractor’s standard commercial guarantee/warranty as stated in the contract’s commercial pricelist will apply to this contract. Selectron Product Warranty Every Selectron Technologies installation includes a twelve-month warranty which consists of PremierPro Support of all software and hardware that comprises the solution. Technical support beyond the first year is available through an annual Support and Maintenance Agreement. PremierPro Support and Maintenance Plan Selectron’s PremierPro Support and Maintenance Plan includes full replacement of any failed hardware component, with overnight shipping as required; a toll-free support hotline and dial-in technical support for all software provided with the solution; as well as a quarterly system review and support for application database updates. • 24-hour, 7-days-per-week, 365-days-per-year support for emergency calls • Toll-free telephone support hotline • Telephone support for installation and general use questions during normal business hours • Online technical diagnostic support • Software correction updates • Relief goal of one business day • Online Customer Support Center • Development work as required to support standard updates to the Client’s application database(s). To accommodate the scheduling of resources, it is required that the Client provide Selectron with two (2) weeks’ notice prior to the planned system update • Quarterly proactive system review that includes system diagnostics, history file creation, and Client notification of the review results o Assess the machine resources, including memory, processor, and disk-space utilization o Examine log files, including error logs, to identify any anomalous entries o Apply current validated software updates to the operating system, device drives, and application database* o Identify items that need further attention for follow-up by the Client and the Project Manager 9 • Implement “out-of-cycle” critical updates. These updates are to resolve failures that may cause hardware damage, system unavailability, data corruption, or severe data vulnerability* Customer Support Center A Customer Support Engineer (CSE) is available to handle all support calls during Selectron’s normal business hours 6:00 a.m. – 5:00 PM Pacific Time. Emergency calls will be promptly resolved by the CSE or escalated to a Software Developer. Selectron guarantees that all non-emergency support calls will be responded to within one business day. Most emergency and non-emergency calls are handled within one to two hours of receipt. During non-business hours, Selectron’s answering service dispatches calls based on issue priority. Emergency calls are dispatched to on-call support staff and are responded to within four (4) hours. Non-emergency calls are also directed to support personnel and responses are based on the Jurisdiction’s requirements. The answering service is operational 24 hours per day/seven days per week and employs staff who are trained in responding to routine and emergency support issues. In addition, Selectron maintains an Online Customer Support Center that is available to all Selectron Clients. This resource provides answers to frequently asked questions, “how to” guides, and an index of common error messages as well as other technical documentation, including product white papers. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. If no implied warranties are given, an express warranty of at least 60 days must be given in accordance with FAR 12.404(b)(2) c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 4. TECHNICAL SERVICES The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number 503-443-1400 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 6:00 AM to 5:00 PM Pacific time.

10 5. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: (select software maintenance type) : X 1. Software Maintenance as a Product (SIN 511210) Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self-diagnostics. Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service. Software Maintenance as a product is billed at the time of purchase. 2. Software Maintenance as a Service (SIN 511210) Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, online technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324. b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

11 6. PERIODS OF TERM LICENSES AND MAINTENANCE (SIN 511210) Term Software Licenses and Software Maintenance as a Service are not offered by Selectron Technologies. a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor. c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period. 7. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE Selectron Technologies, Inc. does not offer Term software licenses. a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity. c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less, minus an amount equal to % of all term license payments during the period that the software was under a term license within the ordering activity.

12 8. TERM LICENSE CESSATION Selectron Technologies, Inc. does not offer Term software licenses a. After a software product has been on a continuous term license for a period of months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited. b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor. 9. UTILIZATION LIMITATIONS - (SIN 511210) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity. (3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions.

13 (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions. (5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend. 10. SOFTWARE CONVERSIONS - (SIN 511210) Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license, the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Selectron Technologies, Inc. does not offer Term software licenses. Under a term license, conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 11. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered. Selectron’s solutions utilize industry standard open architecture components. Our solutions and their underlying components are thoroughly tested for compatibility with vmWare virtual server for the ESXi 5.1 (and above) virtual host environment. If virtualization is not an option for our customers, our solutions can also be installed on a dedicated physical server. We have provided the minimum specification requirements below. Selectron uses industry standard programming languages and practices in the design and development of our interactive solutions. Our solutions are all built on Microsoft .NET, which provides great flexibility when integrating with any database for any application or department. The application software is written in the C# programming language. C# is an object-oriented programming language used with XML-based web services on the .NET platform and is designed for improving productivity in the

14 development of web-based applications. C# boasts type-safety, garbage collection, simplified type declarations, and versioning and scalability support, in addition to other features that help expedite development. CLIENT-PROVIDED HARDWARE REQUIREMENTS If an agency chooses to provide its own hardware, we have specifically tested against the HP ProLiant DL380 Gen9 - Xeon E5-2620V3 2.4 GHz - 16 GB. For other server models, the following are the minimum configuration requirements: • Quad-Core Intel processor with processor fan • Network Interface Card • 16 GB memory RAID 5 hard drive configuration (to support 250 GB disk space) • Video Controller • Standard DVD ROM • Keyboard/monitor/mouse or KVM switch • Windows 2012 R2 64 bit Server operating system • Microsoft SQL Server 2012 64 bit

12. RIGHT-TO-COPY PRICING The Contractor shall insert the discounted pricing for right-to-copy licenses. Selectron Technologies, Inc. does not offer right-to-copy licenses. PRODUCT PRICING Selectron Technologies, Inc. 12323 SW 66th Avenue Portland, OR 97223-8568 Phone: 503-443-1400 Fax: 503-443-2052 www.selectrontechnologies.com Part Number Description NET GSA Price SIN 511210 VU-BCPS VoiceUtility Base Application (4-ports with Customer Provided Server) $31,491.18 VU-BSTD VoiceUtility Base Application (4-ports with Standard Server) $31,491.18 VU-BADV VoiceUtility Base Application (4-ports with Advanced Server) $34,362.72

15 VP-BCPS VoicePermits Base Application (4-ports with Customer Provided Server) $31,491.18 VP-BSTD VoicePermits Base Application (4-ports with Standard Server) $31,491.18 VP-BADV VoicePermits Base Application (4-ports with Advanced Server) $34,362.72 VC-CI-CPS VoiceCourt Citation Base Application (4-ports with Customer Provided Server) $31,491.18 VC-CI-STD VoiceCourt Citation Base Application (4-ports with Standard Server) $31,491.18 VC-CI-ADV VoiceCourt Citation Base Application (4-ports with Advanced Server) $34,362.72 VC-JU-CPS VoiceCourt Jury Base Application (4-ports with Customer Provided Server) $31,491.18 VC-JU-STD VoiceCourt Jury Base Application (4-ports with Standard Server) $31,491.18 VC-JU-ADV VoiceCourt Jury Base Application (4-ports with Advanced Server) $34,362.72 VC-FM-CPS VoiceCourt Family Base Application (4-ports with Customer Provided Server) $31,491.18 VC-FM-STD VoiceCourt Family Base Application (4-ports with Standard Server) $31,491.18 VC-FM-ADV VoiceCourt Family Base Application (4-ports with Advanced Server) $34,362.72 VT-BCPS VoiceTax Base Application (4-ports with Customer Provided Server) $31,491.18 VT-BSTD VoiceTax Base Application (4-ports with Standard Server) $31,491.18 VT-BADV VoiceTax Base Application (4-ports with Advanced Server) $34,362.72 VH-BCPS VoiceHouse Base Application (4-ports with Customer Provided Server) $31,491.18 VH-BSTD VoiceHouse Base Application (4-ports with Standard Server) $31,491.18 VH-BADV VoiceHouse Base Application (4-ports with Advanced Server) $34,362.72 VL-BCPS VoiceLottery Base Application (4-ports with Customer Provided Server) $31,491.18 VL-BSTD VoiceLottery Base Application (4-ports with Standard Server) $31,491.18 VL-BADV VoiceLottery Base Application (4-ports with Advanced Server) $34,362.72 VE-BCPS VoiceEngine Base Application (4-ports with Customer Provided Server) * $31,491.18 VE-BSTD VoiceEngine Base Application (4-ports with Standard Server) * $31,491.18

16 VE-BADV VoiceEngine Base Application (4-ports with Advanced Server) * $34,362.72 IVR-AN-4 Additional Production/Test VoicePorts - Analog (4-ports) * $7,657.43 IVR-T1-4 Additional Production/Test VoicePorts - Digital (4-ports) * $7,657.43 IVR-IP-4 Additional Production VoicePorts - VoIP (4-ports) * $7,657.43 IVR-MG-4 Additional Production VoicePorts - Media Gateway (4-ports) * $8,614.61 IVR-UN-4 Additional Unlicensed Port Capacity (4-ports) * $957.18 CTI-ENG CTI Screen Pop Engine $19,143.58 CTI-SPL CTI Screen Pop Single License $478.59 CTI-SPL-10 CTI Screen Pop 10-pack license $4,307.30 CTI-SPL-25 CTI Screen Pop 25-pack license $9,571.79 CTI-SPL-100 CTI Screen Pop 100-pack license $33,501.26 CTI-DDE Computer Telephony Desktop Delivery Engine $9,571.79 CTI-DDL DesktopDelivery Single License $478.59 CTI-DDL-10 DesktopDelivery 10-pack license $4,307.30 CTI-DDL-25 DesktopDelivery 25-pack license $9,571.79 CTI-DDL-100 DesktopDelivery 100-pack license $33,501.26 ODS-ENG Outbound Delivery Services Engine * $8,136.02 VP-ENG VoicePay Engine Includes VoicePay Selectron Payment Gateway $9,093.20 VP-NGW VoicePay Non-Selectron Payment Gateway Integration $2,392.95 VP-CCM VoicePay Credit Card Module $5,264.48 VP-ECM VoicePay e-Check Module $5,264.48 VP-EXT VoicePay Payment Extensions $3,350.13 CS-ENG CommunitySelect Engine * $7,178.84 WE-Base WebEngine Base Application * $23,929.47 SR-MOD-ENG Selectron Speech Recognition Module - English (4-ports) * $10,050.38 SR-MOD-SPN Selectron Speech Recognition Module - Spanish (4-ports) * $10,050.38 SR-MOD-LNG Selectron Speech Recognition Module - Alternate Language (4-ports) * $14,357.68 TTS-MOD-ENG Selectron Text to Speech Module - English (4-ports) * $5,264.48 TTS-MOD-SPN Selectron Text to Speech Module - Spanish (4-ports) * $5,264.48 TTS-MOD-LNG Selectron Text to Speech Module - Alternate Language (4-ports) * $7,657.43 SM-DEL-2 SmartDelivery (2 fax ports) $5,743.07 SM-DEL-4 SmartDelivery (4 fax ports) $8,614.61 PP-SM PremierPro Support & Maintenance 16.27%

17 SelecTXT / Atlas Software STXT-BASE SelecTXT Base Application with Setup $7,178.84 STXT-AL SelecTXT Annual Platform License Fee $4,785.89 STXT -IPB SelecTXT Inspector Postback $4,785.89 STXT-SA-PF SelecTXT Relay Platform Fee and Setup $14,357.68 ATIS-BASE Atlas Insight Base Application with Setu $9,571.79 ATIS-UL-10 Atlas Insight Annual Subscription Fee (i $11,964.74 ATIS-UL-24 Atlas Insight Additional Annual User Lic $430.73 ATIS-UL-49 Atlas Insight Additional Annual User Lic $382.87 ATIS-UL-99 Atlas Insight Additional Annual User Lic $335.01 ATIS-UL-100 Atlas Insight Additional Annual User Lic $287.15 ATIN-BASE Atlas Inspections Base Application with $19,143.58 ATIN-SS Atlas Inspections Split Screen Feature $9,571.79 ATIN-IN Atlas Inspections Notice Setup $3,828.72 ATIN-DA Atlas Inspections Digital Attachments Se $4,785.89 ATIN-GIS Atlas Inspections GIS Setup $4,785.89 ATIN-CHK Atlas Inspections Checklist Setup $2,871.54 ATIN-UL-10 Atlas Inspections Annual Subscription Fe $19,143.58 ATIN-UL-24 Atlas Inspections Additional Annual User $574.31 ATIN-UL-49 Atlas Inspections Additional Annual User $526.45 ATIN-UL-99 Atlas Inspections Additional Annual User $478.59 ATIN-UL-100 Atlas Inspections Additional Annual User $430.73 ATLC-BASE Atlas Locations Application with Setup $2,871.54 ATLC-UL-10 Atlas Locations Annual Subscription Fee $2,871.54 ATLC-UL-24 Atlas Locations Additional Annual User L $143.58 ATLC-UL-99 Atlas Locations Additional Annual User L $114.86 ATLC-UL-100 Atlas Locations Additional Annual User L $86.15 SIN 54151S IT Professional Engineering Services Project Manager $167.51 Software Development Manager $167.51 Software Development Engineer $167.51 Installation & Training Specialist $167.51 Customer Support Engineer $167.51 PS-WSSLS Standard Labor rate - w/active support $167.51 PS-WSAHS After hours labor rate - w/active support $251.26 PS-WOSLS Standard Labor rate - w/o active support $335.01 PS-WOAHS After hours labor rate - w/o active support $502.52

18 Service Contract Labor Standards: The Service Contract Labor Standards (SCLS), formerly known as the Service Contract Act (SCA), is applicable to this contract as it applies to the entire Multiple Award Schedule (MAS) and all services provided. While no specific labor categories have been identified as being subject to SCLS/SCA due to exemptions for professional employees (FAR 22.1101, 22.1102 and 29 CRF 541.300), this contract still maintains the provisions and protections for SCLS/SCA eligible labor categories. If and / or when the contractor adds SCLS/SCA labor categories to the contract through the modification process, the contractor must inform the Contracting Officer and establish a SCLS/SCA matrix identifying the GSA labor category titles, the occupational code, SCLS/SCA labor category titles and the applicable WD number. Failure to do so may result in cancellation of the contract.

Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: February 4, 2025
Submitted By:

Donna Meester, Community Services Director

Subject:

Award of Professional Services Provider Agreement to Plan, Furnish, Deliver, and Install Furniture, Fixtures, and Equipment for the Green Tree Library and Golf Course Club House
Recommendation:

That the Honorable City Council award a Professional Services Provider Agreement with J.K. Miklin, Inc., DBA Yamada Enterprises in the amount not to exceed $805,200 for planning, furnishing, delivery, and installation of furniture, fixtures, and equipment for the Green Tree Library and Golf Course Club House (Project JM25-025).

Fiscal Impact:

The recommended action will result in a fiscal impact of $805,200, which includes the proposed amount of $762,731.35 and a 5.568% contingency. Funds for this expenditure have been included in the Fiscal Year 2024-2025 budget under account code 1056030- 52120 in the amount of $805,200. No additional appropriations are necessary.

Strategic Plan Goal:

This item aligns with Strategic Goal E: Invest in Infrastructure to create a healthy and livable community by maintaining the City’s assets, as well as Strategy 2, implement the Library Master Plan to complete the relocation and expansion of the library to improve and enhance library services for the community.

Background:

On March 15, 2022, Council unanimously awarded a contract to TR Design Group to conceptualize the Green Tree Club House as a space that would accommodate both library services and golf operations.

The Council adopted Resolution No. 23-001, approving a budget amendment for Fiscal Year 2022/2023 to appropriate $9,035,105.00 in both revenue and expenditures related 3 9
5 3
to the Building Forward Library Infrastructure Program Grant as awarded by the California State Library at the January 17, 2023, Council Meeting.

On February 7, 2023, Council approved to increase the scope of services with TR Design Group to include a 5,094 square foot expansion of the library, achieving the Master Plan goal of producing a total of 17,844 square feet of Library space.

On June 20, 2023, Council approved the conceptual design and granted staff and TR Design Group to continue with generating the construction drawings. At the February 7, 2023 meeting, the Council approved a Construction Agreement with Monet Construction, Inc., for the Green Tree Library and Golf Club House renovation and Expansion, Project JM24-051.

Discussion:

An RFP for the planning, furnishing, delivery, and installation of furniture, fixtures, and equipment (FFE) for the Green Tree Library and Golf Course Club House was posted on the City’s website, advertised on Ebidboards.com, and published in the newspaper with a submittal due date of September 30, 2024. A Mandatory Pre-Proposal Meeting was held via Zoom on September 12, 2024. Due to the late delivery of CAD Files to potential proposers, the submittal deadline was extended to October 10, 2024. On October 10, 2024, the City of Victorville received two proposals from Yamada Enterprises and Goforth & Marti, DBA G|M Business Interiors. Staff thoroughly reviewed each proposal and identified Yamada Enterprises as the best value bidder, pursuant to Victorville Municipal Code Section 2.28.040. While G|M Business Interiors had a lower cost of $537,225.83, staff determined that Yamada Enterprises bid is the best value per Victorville Municipal Code Section 2.28.280(a), which states that the lowest cost may not be the sole factor in deciding who shall be awarded the contract. It may be in the City’s interest to award the contract to a firm based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationships, or other factors. Yamada Enterprises proposal was more inclusive of furnishings and fixtures that were in line with the Architectural design, quality, and quantity for the Green Tree Library and Golf Course Club House. The library construction is anticipated to be completed by December 2025, with a soft opening in January 2026.

Staff remains available for any questions the Council may have.

Attachments: A. Professional Services Agreement

Attachment A

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
J.K. MIKLIN, INC. DBA YAMADA ENTERPRISES
FOR

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES,

AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE, JM25-025

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and J.K. Miklin, Inc. dba Yamada Enterprises, a California corporation, hereinafter referred to as “ Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

RECITALS:

WHEREAS, the City requires Consultant/Professional Services to provide Plan, Furnish, Deliver, and Install Furniture, Fixtures, and Equipment (FF&E) for the new Library and Green Tree Golf Course Clubhouse, as described in the Request for Proposals (“RFP”) issued for Project No.

JM25-025 (the “Project”) ; and

WHEREAS, Consultant provided a response to the RFP for said Project and following an evaluation process was selected by the City to be the provider of Plan, Furnish, Deliver, and Install Furniture, Fixtures, and Equipment (FF&E) for the new Library and Green Tree Golf Course Clubhouse; and

WHEREAS, Consultant represents that it is fully qualified to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and

WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Plan, Furnish, Deliver, and Install Furniture, Fixtures, and Equipment (FF&E) for the new Library and Green Tree Golf Course Clubhouse for the Project.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

Section 2. SCOPE OF SERVICES

Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference. In the event of a conflict with or inconsistency between the terms of this Agreement and Exhibit “A”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Agreement. Consultant’s obligations hereunder shall further include all provisions and terms and conditions set forth in the RFP for the Project identified in the above Recitals (including any City -issued Addenda pertaining thereto).

Said RFP is incorporated and made part of this Agreement by this reference. To the extent there is a confl ict between the provisions of the RFP and this Agreement, the provisions of this Agreement shall prevail.

Section 3. COMPENSATION

The City shall pay to Consultant a sum not to exceed Seven Hundred Sixty-two Thousand Seven Hundred Thirty-one and 35/100 Dollars ($762,731.35) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL

The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice. In the event of a conflict or inconsistency between this Agreement and Consultant’s Cost Proposal attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. C opies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Consultant and its subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, the Plan, Furnish, Deliver, and Install Furniture, Fixtures, and Equipment (FF&E) for the new Library and Green Tree Golf Course Clubhouse, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq .; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.

b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant, its subconsultants and/or subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Consultant or subconsultant herein.

c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section 5 shall control, and nothing herein shall be considered as an acceptance of the terms of Consultant’s Scope of Services, Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5.

d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) C onsultant and Subconsultant/Subcontractor Obligations . Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(a) The information contained in the payroll record is true and correct; and

(b) Consultant and or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.

(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to comply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten-day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor.

(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.

e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.

g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors.

h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:

(1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.
(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR.

j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR.

Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.

Section 6. TERM OF AGREEMENT

Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period commencing on the date of full execution of the Agreement and expiring June 30, 2026 (the “Initial Term”). From and after said expiration date, and upon subsequent written Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS

a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.

Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.

c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.

Section 8. NOT AGENT OF THE CITY

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

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

Section 9. PRINCIPAL REPRESENTATIVES

a. Parker Braverman, President or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Donna Meester, Director of Community Services, or her designee (hereinafter “City Project Manager ”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.

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

Section 10. LICENSES AND PERMITS

Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, all business licenses, including but not limited to, a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement. A valid California contractor’s license of the type/class(es) specified in the RFP, shall be held or obtained by consultant and/or its subcontractors prior to commencing any Work hereunder and maintained throughout the term of this Agreement.

Section 11. STANDARD OF PERFORMANCE; WARRANTIES

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

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

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

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

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

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

Section 12. FAMILIARITY WITH WORK

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

Section 13. CONFLICTS OF INTEREST

a. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform Act ( Government Code § 81000 et seq.), or any other applicable conflict or interest law; or (2) prevent Consultant from performing the Services required by this Agreement.

b. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq. or Section 1090 et seq. of the California Government Code. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.

c. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

d. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.

Section 14. COMPLIANCE WITH LAWS

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

Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

b. Consultant and all subcontractors shall further comply with: the California Fair Employment and Housing Act (Cal. Gov. Code §12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article. Consultant shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. The consultant and all subcontractors shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (Cal. Gov. Code §8350 et seq.).

c. Additional State Grant Requirements.

(1) Consultant has been advised and acknowledges that the Project is being funded in whole or in part with A California State Library Grant (Award Agreement Number BF- 2-21-011). Consultant shall be required to comply with all applicable provisions of that Grant Award Agreement, including without limitation, the following:

(a) Non-Discrimination. Consultant and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

(b) Access. Consultant shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.).

Such access is in addition to the audit access requirements set forth in Section 17 of this Agreement.

(c) Russian Sanctions. Executive Order N -6-22 – Russian Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N6-22 (the “EO”) regarding economic sanctions in response to Russian aggression in Ukraine. The EO is located at
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22- Russia -Ukraine-Executive-Order.pdf.

Compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal EO identified in the EO and the sanctions identified on the U.S. Department of the Treasury website at https://home.treasury.gov/policy -issues/financial-sanctions- programs-and-and-country-information/ukraine-russia-related-sanctions.

(2) Said Grant Award Agreement is on file in the Victorville City Clerk’s Office and is hereby incorporated as part of this Contract by this reference.

Section 15. INSURANCE

a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:

(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.

(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.

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

(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

(5) Reserved.

(6) Reserved.

b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:

(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

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

(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.

(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.

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

(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.

c. Right to Modify Insurance Requirements. The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

d. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Section 16. REPORTS

Upon request by City’s Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 17. RECORDS

a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager to evaluate the cost and the performance of such services.

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

c. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement, or such later date as specified in Subsection e hereof.

e. Consultant further agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. Consultant agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment made under this Agreement, or State Library Grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Consultant agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records

Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK

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

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.

c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager.

Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.

e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Plan, Furnish, Deliver, and Install Furniture, Fixtures, and Equipment (FF&E) for the new Library and Green Tree Golf Course Clubhouse , but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 20. NOTICES

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

To the City: Donna Meester, Director of Community Services Community Services
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Parker Braverman, President
J.K. Miklin, Inc., dba
Yamada Enterprises
16552 Burke Lane
Huntington Beach, CA 92647

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.

c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.

Section 21. TERMINATION OR SUSPENSION

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

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

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

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

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

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

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

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

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

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

Section 24. ENTIRE AGREEMENT

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

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

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

Section 25. AMBIGUITIES

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

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

Section 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

Section 27. REVIEW BY ATTORNEYS

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

Section 28. WAIVER

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

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 29. ASSIGNMENT

Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.

Section 30. CARE OF WORK

The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate, or defective work is due to the negligence of Consultant. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by the City, except such losses or damages as may be caused by City's own negligence.

Section 31. CAPTIONS AND HEADINGS

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

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 33. GENDER ; SINGULAR AND PLURAL

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

Section 34. SEVERABILITY

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

Section 35. GOVERNING LAW

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

Section 36. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.

b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.

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

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

Section 37. CUMULATIVE REMEDIES

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

Section 38. VENUE

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

Section 39. ATTORNEYS’ FEES

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

Section 40. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

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

Section 42. COUNTERPARTS

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

Section 43. CARB COMPLIANCE OBLIGATIONS

a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Consultant 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 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]

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

CITY OF VICTORVILLE J.K. MIKLIN, INC. DBA

YAMADA ENTERPRISES

By: By:

Elizabeth Becerra, Mayor Parker Braverman, President

Date: Date:

ATTEST

By: ________________________________
Jennifer Thompson, City Clerk

Date: ______________________________

RISK MANAGEMENT

By: ________________________________
Sandra Bostick, Risk Manager

Date: ______________________________

APPROVED AS TO FORM

By: ________________________________
Andre de Bortnowsky, City Attorney

Date: ______________________________

EXHIBIT A

SCOPE OF SERVICES

C ity agrees to engage Consultant and Consultant agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications (and as generally described in the Request for Proposal, JM25-025 for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk; and (ii) the prices set forth in Consultant’s Bid Proposal (attached as Exhibit "B").

SCOPE OF SERVICES

The Consultant shall be responsible for specifying, procuring, delivering, and installing furniture, fixtures, and equipment that aligns with the approved design and design intent of the City of Victorville and the designer of the Victorville City Library and Green Tree Golf Course Clubhouse. The Consultant will be responsible for meeting with representatives of the City’s team as well as the original architect to select furnishings and equipment that are in line with the design and meet the City’s needs and expectations for operation of the library and golf operation. Once all furnishings and equipment have been agreed upon by City staff and the design team, the Consultant will then be responsible for coordinating procurement, delivery, assembly, and installation of selected products. Because the library is i n the process of being constructed, this project will require selected vendor to coordinate with the general construction Consultant with the goal of providing a turnkey library and golf clubhouse at the termination of the construction period, which is scheduled to be complete in the Fall of 2025.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE

REQUEST FOR PROPOSALS (RFP)
P

LAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES,

AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN

TREE GOLF COURSE CLUBHOUSE
P
ROJECT# JM25-025
S
UBMITTAL DUE DATE & TIME:

SEPT
EMBER 30, 2024
BY 2:00 P.M., PST

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP# JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE TA

BLE OF CONTENTS
SECTION I – NOTICE OF INVITING PROPOSALS
A. Introduction
B. Mandatory Pre-Proposal ZOOM Meeting
C. S
election Criteria
D. Submittal Location, Closing Date and Time
E. Contract Documents
F. CARB Compliance
G. Inquiries
S
ECTION II – CONDITIONS OF PROPOSAL

1. Proposer Responsibilities

2. Mandatory Pre-Proposal Meeting

3. Withdrawal of Proposal Before Closing

4. Award of Contract

5. Non-Commitment of the City

6. Proposal Inclusions

7. Prevailing Wages

8. Insurance

9. Proposal Labeling

10. Interpretation of Documents

11. Public Records

12. Contract Execution

13. Acceptance and Payment

14. Federal State and Local Laws

15. Drug-Free Workplace Requirements

16. Americans with Disabilities

17. Conflict of Interests

18. Hiring of Undocumented Immigrants Prohibited

19. Contractor’s License and City Business License

20. Termination for Convenience

21. Termination for Default

22. Indemnification

23. Safe, Sanitary, and Medical Requirements

24. Retention of and Access to Records

25. Disclaimers and Reservation of Rights

26. Independent Contractor Status of Management Firm

27. Observing Laws and Ordinances

28. Equal Opportunity

29. Vehicle Emission Disclosure & Compliance Requirements SC

OPE OF SERVICES
Background
General Information
Scope of Work
Selection Criteria
Proposal Submittal Format
Evaluation Process
Selection Process
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE F

ORM SUBMISSIONS
Submission Certification
Cost Proposal Form
Proposer Identification
Sub-Contractors
Worker’s Compensation Certificate
Non-Collusion Declaration
References
Debarred Certification
Fleet Compliance Certification Form
AT
TACHMENT “A” - SAMPLE CONSULTANT/PROFESSIONAL SERVICES PROVIDER

AGREEMENT
AT
TACHMENT “B” – ARCHITECTURAL DRAWINGS OF NEW LIBRARY AND GREEN TREE

GOLF COURSE CLUBHOUSE
AT
TACHMENT “C” – INTERIOR ARCHITECTURAL RENDERINGS
AT
TACHMENT “D” – PROJECT SPECIFICATIONS
AT
TACHMENT “E” – MATERIALS BOOK
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP# JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL NEW FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE

SECTION I
N

OTICE INVITING PROPOSALS
A. INTRODUCTION: The City is seeking to solicit a proposal from a qualified firm to specify, furnish, deliver, and install furniture, fixtures, and equipment (FF&E) at the City’s new library and Green Tree Golf Course Clubhouse located at 14144 Green Tree Boulevard in Victorville, CA. FF&E should align with the approved design and the intent of the design of the new City library and golf course clubhouse.

B. M ANDATORY PRE -PROPOSAL MEETING: A MANDATORY pre-proposal meeting will be held for all prospective Proposers, on Thursday, September 12, 2024 at 10:00 a.m., PST via ZOOM. This meeting has been scheduled to answer any relevant questions, indicate specific details required, and permit perspective Proposers an opportunity to get clarifications on scope of work and/or expectations.

A
proposal received from a firm who is not represented by a duly authorized agent at the ZOOM pre- proposal meeting shall be considered non- responsive and rejected from further contract awar d c
onsideration.

Z OOM Meeting Link
Topic: Mandatory Pre-Proposal Meeting for City of Victorville RFP Time: Sep 12, 2024 10:00 AM Pacific Time (US and Canada) J
oin Zoom Meeting
h
ttps://victorvilleca-gov.zoom.us/j/88122157337?pwd=LbyERDEJtZunFyQ7S26zp7IUVaPrLQ.1 Me
eting ID: 881 2215 7337
Passcode: 760865
O
ne tap mobile
+16694449171,,88122157337#,,,,*760865# US
+17193594580,,88122157337#,,,,*760865# US
C. SELECTION CRITERIA: Selection among the proposals received will be based upon the following:

1. A lignment of Preliminary Proposal with Original Design Intent (40%)

2. Experience of Contractor on previous projects of similar scope (30%)

3. Quality/Durability /Warranty of selected furniture, fixtures and (20%) equipment

4. Bid Amount (10%)
D. SUBMITTAL LOCATION, CLOSING DATE, AND TIME: Proposals will not be received after the "closing" date and time indicated. Faxed or emailed proposals will not be accepted.

S
ubmittal Closing: September 30, 2024, at 2:00 p.m. PST
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Loca tion: City of Victorville – City Hall
14343 Civic Drive, Victorville, California 92392
Attn: Purchasing/John Mendiola
E. CONTRACT DOCUMENTS: Complete RFP package and applicable addenda are available at the City of Victorville’s website at https://www.victorvilleca.gov/government/city- departments/administrative-services/finance/purchasing/bids. RFP m ay also be obtained from t he City of Victorville, Finance Department by calling John Mendiola at (760) 955-5079 or via email at [email protected].

F. IN-USE OFF-ROAD DIESEL-FUELED FLEET CERTIFICATE OF REPORTED COMPLIANCE:

Valid CARB Certificates of Reported Compliance as described in California Code of Regulations, Title 13, Section 2449(n) for fleets of vehicles subject to 13 CCR section 2449 are required for this Project.

G. INQUIRIES: To ensure fairness and avoid misunderstandings, any prospective Proposer desiring an explanation, interpretation, or clarification of the provisions of this RFP must request it in writing, no later than noon on September 23, 2024 before the submission closing date, to allow a reply to each prospective Proposers. Proposers must submit all requests in writing to the individual identified below. Verbal explanations or instructions given during this solicitation will not be binding.

Any information given to the prospective Proposer will be furnished promptly as addenda to this solicitation if that information is necessary in submitting proposals, or if the lack of it would be prejudicial to other prospective Proposers. Inquiries regarding this solicitation should be directed to:

J
ohn Mendiola, Purchasing Manager
- Email: [email protected]
- Phone#: (760) 955-5079
D
ated: August 28, 2024 ______________________________________ Jennifer Thompson, City Clerk
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP# JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL NEW FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE S

ECTION II

CONDITIONS OF PROPOSAL
NOTE: IT IS THE OFFERER'S RESPONSIBILITY TO EXAMINE
THE "REQUEST FOR PROPOSAL" SOLICITATION
IN ITS ENTIRETY PRIOR TO SUBMITTING A PROPOSAL.

1. PROPOSER RESPONSIBILITIES: It is the responsibility of each Proposer to examine this "Request for Proposals" solicitation in its entirety prior to submitting a proposal. ALL TERMS AND CONDITIONS

SPECIFIED IN THIS SOLICITATION, INCLUDING THOSE SPECIFIED IN ALL SECTIONS APPLY TO ANY PROPOSAL(S) SUBMITTED.

2. MANDATORY PRE-PROPOSAL MEETING: A MANDATORY pre-proposal meeting has been scheduled for all prospective proposers. The meeting will be held on Thursday, September 12, 2024 via ZOOM at 10:00am, PST. Prospective proposers are encouraged to address questions, problems, and other issues regarding this project.

ZO OM Meeting Link
Topi c: Mandatory Pre -Proposal Meeting for City of Victorville RFP for Plan, Furnish, Deliver, a nd I
nstall Furniture, Fixtures, and Equipment (FF&E) for New Library and Green Tree Golf Cours e C
lubhouse, Project JM25-025.

Time: Sep 12, 2024 10:00 AM, PST
Joi
n Zoom Meeting
https://victorvilleca-gov.zoom.us/j/88122157337?pwd=LbyERDEJtZunFyQ7S26zp7IUVaPrLQ.1 Me eting ID: 881 2215 7337
Passcode: 760865
O
ne tap mobile
+16694449171,,88122157337#,,,,*760865# US
+17193594580,,88122157337#,,,,*760865# US
A pr
oposal received from a Proposer who is not represented by a duly authorized agent at the mandatory pre-proposal ZOOM meeting shall be considered non-responsive and rejected from further contract award consideration.

3. WITHDRAWAL OF PROPOSAL BEFORE CLOSING: Any Proposer may request the withdrawal of their submitted proposal, by written request, at any time prior to the scheduled closing date and time.

Upon receiving the written request to withdraw any proposal, the City will consider the Proposer’s pr
oposal null and void and return the proposal to the Proposer unopened. Withdrawal of Proposer’s proposal will not prejudice Proposer’s re-submittal for this or any future proposal(s).

4. AWARD OF CONTRACT: The City reserves the right to accept or reject, any and all proposals and to award a contract to the Proposer who best meets its requirements. Relevant factors which shall be considered in evaluating the bids are: qualifications and performance history, demonstrated experience with FF&E projects that coordinate with an architect’s design intent of the facility along with the quality and durability of the furniture and fixtures.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE a. T
he City further reserves the right to award the contract to other than the lowest Proposer if such ac
tion is deemed to be in the best interest of the City of Victorville.

The
award of the contract, if awarded, will be made within sixty (60) days after opening of the Proposals.

The Proposer’s signature on the Cost Proposal form shall constitute a commitment on the part of the proposer to furnish the services in a professional, competent, and workmanlike manner as set forth in the Proposal Form, the Terms and Conditions, and the Request for Proposal. The Proposer to whom the contract is awarded shall be notified upon approval of the contract by the Purchasing Division of the Finance Department. The Proposal Form, the Terms and Conditions, the Request for Proposal, and the Scope of Services, together with any plans and/or attachments, shall all be considered as part of the contract between the City and the Proposer to whom a Purchase Order is issued.

5. NON-COMMITMENT OF THE CITY : This Request for Proposal does not commit the City to aw ard a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract these services. All products used or developed in the execution of any contract resulting from this Request for Proposal will remain in the public domain at the completion of the contract.

6. PROPOSAL INCLUSIONS: The "Request for Proposal" documents shall be returned in their entirety, with ALL applicable portions fully completed by the Proposer. All Proposers are encouraged to review and c
onfirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.

7. PREVAILING WAGES: California Labor Code Sections 1720 et seq. and 1779 et seq. , as well as California Code of Regulations (“CCR”), Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), require the payment of prevailing wage rates and the performance of other requirements for services or work meeting the definition of “public works”. Section 1771 of the California Labor Code states that prevailing wages must be paid for contracts “let for maintenance work” and 8 CCR Section 16001 further defines maintenance as including “routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired” and “landscape maintenance.” P
ursuant to California Labor Code Section 1773, the City has obtained from the Director of t he D
epartment of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Agreement is to be performed. Copies of thes e
pr
evailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD.

W
ith respect to any work or services listed in this RFP, including any subcontracted work or services, that constitutes a public works construction project of more than $25,000, or that constitutes public works maintenance (alteration, demolition, repair, or maintenance work) of more than $15,000, or otherwise meets the definition of “public works” as set forth in the Prevailing Wage Laws, Proposers must fully comply with said Prevailing Wage Laws, including without limitation; payment of the correct prevailing w
age; compliance with the maintenance, inspection, and submission of payroll records; posting of prevailing wage rates at the work/job site; and employment of apprentices. Such “public works” are also subject to prevailing wage rate compliance monitoring and enforcement by the DIR.

Fur
ther, the Proposer and any subcontractor(s) utilized to perform work or services meeting the definition o
f public works must be registered with the DIR pursuant to Labor Code Sections 1725.5 and 1770 et JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE seq., prior to submittal of any proposal. Proof of such required registration for both the Proposer and any subcontractor must be submitted with the proposal.

Ca
lifornia State Prevailing Wage information is available through the DIR website at the following links:

DIR FAQ: www.dir.ca.gov/OPRL/FAQ/PrevailingWage.html
DI R Registration: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html (S
ee also Section 5 of the attached Sample Agreement for detailed Prevailing Wage requirements).

8. INSURANCE
CO

MMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE
a. P
roposer shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Proposer or its officers, employees, servants, volunteers, agents , independent contractors and subcontractors/subconsultants.
b. P
roposer shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($ 1,000,000) combined single limit, covering any vehicle utilized by Proposer or its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors/subconsultants in performing the services required by this Agreement.

ORKERS' COMPENSATION INSURANCE
a. P
roposer shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. I
f any class of employees employed by the Proposer pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Proposer shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

DDITIONAL INSURANCE REQUIREMENTS
W
ith respect to the policies of insurance set forth above, compliance with the following is also required:
a. A
dditional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
b. W
aiver of Subrogation. Proposer shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors , and subcontractors.

Each policy of insurance shall be endorsed to reflect such waiver.

P
ROOF OF INSURANCE COVERAGE; REQUIRED ENDORSEMENTS
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE a. P
roposer must secure all required policies of insurance from a good and responsible company or companies authorized to transact insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
b. P
roposer shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business day prior to the commencement of any services to be performed under this Agreement.

R
equired Endorsements
c. The pol
icies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
e
. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Proposer ’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Proposer’s insurance and shall not contribute with it.” P
roposer shall review the sample agreement, attached hereto, for additional required insurance criteria.

9. PROPOSAL LABELING: The proposal shall be submitted in a sealed envelope with all or iginal pages intact. Proposal envelopes must be plainly marked and submitted as follows:
“JM2 5-0 25 SEALED PROPOSAL FOR: PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE,

FIXTURES AND EQUIPMENT (FF&E) FOR NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE” and Section III - Cost Proposal (Pages 20-21) shall be in a separate envelope clearly marked “COST PROPOSAL”

10. INTERPRETATION OF DOCUMENTS: During the proposal solicitation period, should a P roposer find discrepancies or omissions in any part of the RFP, or should the Proposer be i n doub
t as to their interpretation, the Proposer shall immediately notify the contact indicated in Section I-D, entitled “ Inquiries”. Should it be found necessary, an addendum will be sent to all Proposers. Any addenda issued prior to the scheduled proposal closing date and time, shall form a par
t of this solicitation and shall become a part of the submitted proposal.

11. P UBLIC RECORD: Be advised that all information contained in submitted proposals shall become a matter of public record and subject to public disclosure pursuant to a valid request made under the California Public Records Act, Gov. Code §§ 7920.000 et seq. (the “ CPRA”), upon award of a contract. The City will not disclose any part of any proposal before it announces a recommendation f
or selection on the grounds that there is a substantial public interest in not disclosing proposals during the evaluation process. After the announcement of a recommended award, all proposals will be subject to public disclosure. Should Proposer believe that submitted information is exempt from disclosure under the CPRA, Proposer must identify all such material by conspicuously marking th e s
ame “confidential” or “proprietary”. In addition, Proposer shall identify the specific exemption of the CPRA justifying nondisclosure of the information. In the event Proposer requests notificatio n f
rom the City of receipt of a CPRA request seeking such information, the City will provide notification of
such a request to Proposer as soon as is reasonably practicable. The City will produce or exempt material in accordance with the CPRA in its sole and absolute discretion. In the event Pr oposer believes such information should be withheld or exempted, Proposer may bring appropriate legal action, including, without limitation, a reverse Public Records Act suit, to protect its alleged interests.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

12. CONTRACT EXECUTION: The successful Proposer shall execute a contract (Agreement) with the City for the services provided until such time the scope of services is completed and accepted by the City.

An extension for another year may be granted (if applicable). A draft sample Agreement is provided as ATTACHMENT A at the end of this RFP. The City reserves the right to revise and/or restructure the proposed Agreement, including its service-related terms, conditions, requirements, specifications, or minimum performance standards prior to execution.

13. ACCEPTANCE OF PAYMENT: Proposer’s invoice(s) shall include reference to the Purchase Order number (if any) issued for the services, and be accompanied by detailed supporting documentation, to include information on all services rendered. City shall pay the Proposer’s properly executed invoice, subject to approval by the Building Official or his designee, within thirty (30) days following receipt of the i
nvoice. Payment will be withheld for any services which do not meet or exceed City’s requirements or have proven unacceptable until such services are corrected , accepted by the City, and a properly executed invoice is resubmitted.
1 4. FEDERAL STATE AND LOCAL LAWS: Proposer shall comply with all applicable federal, state, l ocal laws, rules, and regulations .

15. DR UG -FREE WORKPLACE REQUIREMENTS: Proposer shall comply with the requirements of t he Drug -Free Workplace Act of 1990 (Government Code Sections 8350 et seq.) and G
overnment-wide Requirements for Drug-Free Workplace (31 CFR Part 20). 1 6. AMERICANS WITH DISABILITIES: Proposer shall comply with the Americans with Disabilities Act (ADA) of 1990, as amended (42 U.S.C. 12101 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

17. PROHIBITED CONFLICT OF INTEREST: No member, officer, or employee of the City of Victorville engaged in the selection, award, or administration of any contract awarded pursuant to this RFP shall have any prohibited conflict of interest, whether real or apparent, in said contract or the proceeds thereof.

B
y submitting a proposal, proposer certifies that: (1) neither it, nor any of its officials or em ployees, presently has or shall acquire, any financial or business interest that would conflict with the performance of services under any contract that might be awarded by the City hereunder; and (2) it does not know of any fact which would constitute a violation of any applicable conflict of interest law, including without limitation, the Political Reform Act (Cal. Gov. Code section 81000 et seq.) or Section 1090 et
seq. of the California Government Code, with respect to entering into any contract awarded under
this RFP.

P
roposer agrees to cooperate fully with the City and to provide any necessary and appropriate information requested by the City concerning potential conflicts of interest or prohibitions concerning t
he award of any contract hereunder.

I
f Proposer meets the definition of a “Consultant” as set forth in the Fair Political Practices Commission (FPPC) regulations (2 CCR Section 18700.3) , Proposer will disclose its financia l i
nterests as required by the City’s Conflict of Interest Code and the Political Reform Act, as such may be amended from time to time, by completing and filing a FPPC Form 700 – Statement of Economic Interests with the Victorville City Clerk’s office pursuant to written instructions provided by the City Clerk.
1 8. HIRING OF UNDOCUMENTED IMMIGRANTS PROHIBITED: Proposer shall not hire or employ any person to perform work within the City or allow any person to perform work required under this JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Agreement unless such person is properly documented and legally entitled to be employed within the United States.
1 9. CALIFORNIA CONTRACTORS LICENSE AND CITY BUSINESS LICENSE: The successful P roposer shall have a valid California Contractor’s License Class B, or C-6, or D-34 at the time of the award of this contract, to complete the work described. Proposer and any of its sub-Proposers or subcontractors shall also obtain a City of Victorville business license prior to commencing work for t he City. The Proposer and sub-Proposers or subcontractors shall obtain all the required permits and licenses prior to commencing work and shall submit the work in progress to periodic inspections by the appropriate Inspector of the City and shall honor all correction notices issued by same. All contacts, regarding inspections, shall be made to the appropriate department within the City.

20. T ERMINATION FOR CONVENIENCE: The City may, by written notice, terminate the contract wit h t he Proposer in whole or in part, when deemed in the City’s interest. Upon termination, the City shall only be liable for payment for services rendered or supplies furnished prior to the effective date of termination.

21. T ERMINATION FOR DEFAULT : In the event the City or Proposer fail to perform their r espective obligations under the contract, the parties will have the ability to terminate the contract in accordance with the notice and cure provisions set forth in the executed agreement. The contemplated a
pplicable procedures and provisions are set forth in Sections 21 and 43 of the Sample Professional Management Services Agreement (RFP ATTACHMENT A).
2 2. INDEMNIFICATION:
a. E xcept as set forth in Subsection b of this Section 25, and to the fullest extent permitted by law, Proposer shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Proposer 's negligence or willful m
isconduct in the performance of the services described in this Agreement, unless such Claims are pr
oven to be caused by the negligence or willful misconduct of the City Indemnitees. b. The provisions of this Subsection b apply only in the event t hat Proposer is a desi gn pr
ofessional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, license d l
andscape architects, registered professional engineers, professional land surveyors, and t he bus
iness entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(
1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Proposer 's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Proposer, its officers, agents, employees or sub Proposers in the performance of the services described in this Agreement. (
2) In no event shall the costs of defense charged to P roposer exceed the Proposer’s pr
oportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

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

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE c. The City does not and shall not waive any rights that it may have against Proposer under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 25 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obl
igation to indemnify and defend, as set forth in this Section 25 , is binding on the successors, assigns, or heirs of Proposer and shall survive the expiration or any early termination of this Agreement.

23. SAFETY, SANITARY, AND MEDICAL REQUIREMENTS : The Propose and Proposer 's em ployees, shall promptly and fully carry out the existing safety, sanitary, and medical requirements as prescribed by the Division of Industrial Safety and by County or State Healt h D
epartments to the end that proper work shall be done, and the safety and health of t he em
ployees and of the community may be conserved and safeguarded. In case such regulations and orders are not observed by the Proposer, they may be enforced by the Building Official, or his designee, at the Proposer’s expense.

24. RETENTION OF AND ACCESS TO RECORDS: At all reasonable times during the term of this contract and for a minimum of three years following final settlement, the City of Victorville, and any designated r
epresentative shall have access to all records related to work performed under this contract and the awarded firm and all subcontractors shall make such records available for inspection, audit, copying excerpts and transcriptions.

25. DI SCLAIMERS AND RESERVATION OF RIGHTS : Upon receipt, each Proposal becomes t he sole property of the City and will not be returned to the Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Project at any time, or to decline to award the Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to reject any Proposal that is determined to contain false, misleading, or materially incomplete information.

26. INDEPENDENT CONTRACTOR STATUS OF PROPER’S FIRM: The awarded firm is retained as an independent contractor only, for the sole purpose of rendering the services described in the scope of services and shall not be an employee of the City.

27. OBSERVING LAWS AND ORDINANCES: The awarded firm shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect the conduct of any services or tasks performed under this Contract, and of all such orders and decrees of bodies or tr ibunals having any jurisdiction or authority over the same. The awarded firm shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify, as required herein, the City, its officers ,
em
ployees and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the awarded firm or its employees.

28. EQ UAL OPPORTUNITY: During the performance of any contract awarded, the awarded firm shall not unl awfully discriminate, harass, or allow harassment against any employee or applicant for employment on the basis of a person’s race, religion, creed, color, national origin, ancestry, age, physical or mental disability, medical condition, marital status, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or military or veteran status.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

29. VEHICLE EMMISSION DISCLOSURE & COMPLIANCE REQUIREMENTS: This Project is s ubject to the regulation(s) of the California Air Resources Board (“CARB”) listed in the Section. I n bi
dding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all equipment and vehicle emission requirements under applicable law in its Bid.

Advanced Clean Fleets
V
ehicles 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 the CARB Advanced Clean Fleets (“ACF”) 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.

E
ach Bidder shall submit with its Bid a valid CARB certificate of reported compliance with ACF for its fleet and its TRUCRS ID (Fleet Identification Number). Bidders utilizing subcontractors shall further provide a valid certificate of reported compliance for each subcontractor listed on the List of Subcontractors Form and include the TRUCRS ID number for each subcontrac tor in the space provided on said form. Unless exempt, all Bidders and their respective subcontractors must be registered as ACF compliant fleets at the time of bid submittal.

I
n the event that a Bidder and/or its subcontractors are exempt from the ACF regulations, the Bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation (Title 13, Sections 2015 through 2015.6 of the California Code of Regulations (“CCR”)) and the State and Local Government Fleets Regulation (Title 13, Sections 2013 through 2013.4 of the CCR). Each Bidder shall also submit signed statements from each of its subcontractors who are claiming exemption form the ACF regulations.

Fai
lure to certify as a compliant fleet or provide an attestation to an exemption may render the bid non- responsive.

In-Use Off-Road Diesel-Fueled Fleets
E
ffective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (Title 13 California Code of Regulations (“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). A copy of the Off- Road Regulation may be obtained by visiting: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off- roaddiesel/appa-1.pdf.

B
idders are required to comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off-Road Regulation (as codified 13 CCR Section 2449 et seq.) throughout the term of the Project.

The
City of Victorville is a Public Works Awarding Body, as that term is defined in 13 CCR Section 2449(c)(46).

Accordingly, Bidders must submit with their Bids, valid Certificates of Reported Compliance issued by CARB (“CRCs”) for the Bidder’s fleet, and for the fleets of any subcontractors listed on the List of Subcontractors Form. Bidders must also:
(
1) I
nclude the DOORS ID number for each subcontractor listed on the List of Subcontractors Form in the space provided; and
(2) C
omplete and submit the Fleet Compliance Certification Form. Failure to provide valid CRCs for the Bidder and all listed subcontractors, or failure to complete and submit the Fleet Compliance Certification Form may render the Bid non-responsive.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Contractor shall comply with and ensure that all its subcontractors comply with all applicable requirements of the CARB regulations in Title 13, Division 3, of the California Code of Regulations, including without limitation, all applicable provisions of Chapter 9, as such may be amended from time to time.

Thr
oughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet(s), including without limitation, CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep, or maintain pursuant to CARB regulations upon two (2) calendar days’ notice from the City of Victorville.

C
ontractor shall be solely liable for any and all costs associated with complying with the regulations as well as for any and all penalties, fines, damages, or costs associated with any violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees form and against any claims, liabilities, costs, penalties, interest, or other damages arising out of any failure or alleged failure to comply with CARB regulations.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

SCOPE OF WORK
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE BA

CKGROUND
Cu
rrently, the City is in the renovation stage of the Green Tree banquet facility converting it into the new library. Construction commenced in the spring of 2024 with an anticipated Grand Opening of October 2025.

Concurrent with the library renovation and the 5,000 square feet addition, the golf lounge area will be redesigned (see Attachment “C” Golf Shop & Bar Lounge plans). The city is seeking to fully furnish the new library and the golf course clubhouse with new furniture, fixtures, and equipment to compliment the architect’s design intent as shown in the attached architectural drawings as Attachment “B”.

I. GENERAL INFORMATION
The
City is seeking a qualified firm to specify, furnish, deliver, and install furniture, fixtures, and equipment (FF&E) at the City’s new library and Green Tree Golf Course Clubhouse, currently under renovation. FF&E should align with the approved design and the intent of the design of the new City library and golf course clubhouse.

SCOPE OF WORK
T
he selected contractor will be responsible for specifying, procuring, delivering, and installing furniture, fixtures, and equipment that aligns with the approved design and design intent of the City of Victorville and the designer of the Victorville City Library and Green Tree Golf Course Clubhouse.

This contractor will be responsible for meeting with representatives of the City’s team as well as the original architect to select furnishings and equipment that are in line with the design and meet the City’s needs and expectations for operation of the library and golf operation. Once all furnishings and equipment have been agreed upon by City staff and the design team, the selected contractor will then be responsible for coordinating procurement, delivery, assembly, and installation of selected products. Because the library is in the process of being constructed, this project will require selected vendor to coordinate with the general construction contractor with the goal of providing a turnkey library and golf clubhouse at the termination of the construction period, which is scheduled to be complete in the Fall of 2025.

SELECTION CRITERIA
C ontractors responding to this Request for Proposal (RFP) are expected to provide a preliminary proposal based on the approved design of the architect, which will be included as part of the advertisement for the project. Preference will be given to the contractor who provides a preliminary proposal that is most in line with the design intent of the project’s designer, TR Design Group, who completed the comprehensive design of the library and clubhouse. Criteria would look something like this:
1 . A
lignment of Preliminary Proposal with Original Design Intent (40%)

2. E
xperience of Contractor on previous projects of a similar scope (30%)

3. Q
uality and Durability of selected furniture, fixtures, and equipment (20%)

4. B
id Amount (10%)
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE P

ROPOSAL SUBMITTAL FORMAT
T
he firm is responsible for planning, furnishing, delivering, assembling, and installing all the furniture, fixtures, and equipment for the new library and golf course clubhouse.

1. Executive Summary
• The Executive Summary will summarize and highlight the contents of the proposal including:

Listing of all staff proposed to work on this project, including name, title, and experience. • Steps to collaborate with City staff and original architect design team in selecting furnishings and equipment meeting the City’s needs for operation of the library and golf operation with inclusion of a timeline.
• Working with prime construction contractor to meet the deadline to provide a turnkey library and golf clubhouse.

2. Resume or Summary of Experience
The
proposal must include a detailed summary of the experience of the firm (or individual, if applicable).

Information to include: founding date (month and year) and brief history of firm; facility/office location, current number of employees (full-time and part-time); special equipment acquired for the work; firm’s vision and mission statements, and key services offered. Emphasis should be placed on those areas of qualification which evidence the capability to effectively provide complete services for FF&E .

3. Proposer’s Qualifications and Performance History
D
emonstrate Proposer’s organization has the experience and background to perform the required services, including a minimum of five (5) years of experience within the past ten (10) years in the completion of FF&E projects for public library facilities.

4. Q uality and Workmanship Plan
D
escribe your firm’s “proactive” Quality and Workmanship Plan that your firm will ensure a high level of workmanship performance in the assembly and installation of the FF&E emphasizing on Quality and Durability of the equipment and products provided.

5. Subcontracting
I
s your firm planning to subcontract portions of the work? Yes___ No___. If yes, indicate the name of the subcontractor(s) and the portion of the work that will be subcontracted in each case. Also, please indicate how
subcontractors will be addressing #2-4.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

EVALUATION PROCESS
P
roposals will be evaluated according to best industry purchasing practices for Requests for Proposals. First, proposers must adhere to the proposal requirement and meet the mandatory minimum requirements of the RFP, General Provisions for Standard Form Contracts, and the Scope of Work Evaluation Criteria noted below. Proposer solutions will then be rated on a raw numeric scale based on proposer alignment of design intent capabilities, experience on previous projects with similar scope of work, and the proposed quality and durability of the FF&E. Raw scores will be converted to weighted-scores based on percentage value. Proposers will be rated according to the following criteria sets described below on the following pages:

Alignment of Preliminary Proposal with Original Design Intent (40%) Experience of Contractor on previous projects of a similar scope (30 %) Quality and Durability of selected furniture, fixtures, and equipment (20%) Bid amount (10%)
SEL

ECTION PROCESS
T he City’s intent is to award a contract to a Contractor that it determines will provide the best overall services within a reasonable pricing structure. The City reserves the right to reject all pr oposals, or any proposal that is not responsive to the RFP. Proposals will be reviewed by a Selection Committee consisting of City staff and original a rchitect team in accordance with the above Proposal Evaluation Criteria. The Selection Committee will also evaluate the overall completeness and quality of the proposal, quality of references, and any other factors the Selection Committee deems relevant.

The C
ity reserves the right to request additional information about all Proposals that in City’s opinion is necessary to assure that the Proposer’s competence and experience are adequate to perform the tasks as described in the Scope of Services.

The C
ity will act as the sole judge of the content of all proposals. After proposals have been evaluated, if deemed necessary by the Selection Committee, interviews and/or oral presentations will be conducted. Dates and times will be coordinated after the evaluation of responsive proposals is complete, and the highest-ranking firms are determined. The selected Organization shall then, enter into exclusive negotiations with the City to formalize the Scope of Services and Compensation.

If
the City is unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the City will end negotiations with that Organization and begin negotiations with the next Organization which best meets the needs of the City, and so on until the City and a Proposer reach an agreement.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT FOR

THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE
FORMS

SUBMISSION CERTIFICATION
I
hereby submit to The City of Victorville the following bid proposal for work outlined in plans and specifications entitled “PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE PROJECT JM25-025” A
ll of the following documents (check below) are completed, fully executed, and included in my proposal as required in the RFP document:
______ Submission Certification
______ Proposal Sheet
______ Proposer Identification
______ Sub-Contractor
______ Worker’s Compensation
______ Non-Collusion Declaration
______ References
______ Debarred Certification Acknowledgement
______ Fleet Compliance Certification Form
My signature on this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with the proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my proposal.

Business Name
_____
____________________________________________________________________ Authorized Signature Printed Name and Title _____
____________________________________________________________________ Date Signed Telephone Number JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE PR

OPOSAL SHEET
The
undersigned declares that the locations of the proposed scope of services have been carefully examined; and being familiar with all of the conditions surrounding the services requested, including the availability of equipment/furniture and labor, the undersigned hereby proposes to furnish all labor, materials, tools, furniture, fixtures, equipment, and incidentals (if applicable), to fulfill the scope of services at both the library and golf course facility. All of the aforementioned shall be done in accordance with said scope of services for the price set forth in the following schedule:

NE
W LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE, 14144 Green Tree Blvd., Victorville, CA 92395

ITEM DESCRIPTION TOTAL AMOUNT
1 Total costs as shown in the Scope of Work, shall include but not limited to labor, materials, furniture, fixtures, equipment, tools, finishing, transportation, and incidentals required for the proper completion of the work
TOTAL BID $
TOTAL COST IN WORDS:
_____________________________________________________________________________ _____________________________________________________________________________

CO
ST DETAIL: Costs should also be broken down in a unitary manner to allow for additions or deletions to the scope, such as the addition or deletion of a chair, table, cubicle, book stack, etc.:

ITEM DESCRIPTION AMOUNT PER ITEM
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Proposer Name:

By: Title:

A
ddress: _______________________________________________________________________ P
hone:_________________________ Email Address:____________________________________ Signature Title Date
NOTE: COST PROPOSAL SHEET (PAGES 20-21) NEEDS TO BE SUBMITTED SEPARATELY IN A SEALED ENVELOPE CLEARLY IDENTIFIED AS "SEALED DOLLAR COST FOR JM25-025 PLAN,

FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE”
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE P

ROPOSER IDENTIFICATION

1. Legal
name of Proposer: ____________________________________________

2. S
treet Address: ____________________________________________________

3. M
ailing Address:__________________________________________

4. B
usiness Telephone: _______________________________________________

5. Fac simile Telephone: ____________________________________

6. E
mail Address: _________________________________________

7. Ty
pe of Business:
 Sole Proprietor  Partnership  Corporation Other: __________ I
f corporation, indicate State where incorporated: __________________________

8. B
usiness License number issued by The City where the Proposer’s principal place of business is located.

N umber: Issuing City: ______________________________

9. P
roposer’s License number and expiration date.

N
umber:_________________ Expiration date:____________________________

10. Fede
ral Tax Identification Number: _____________________________________

11. P
roposer's Project Manager: ___________________________________________

12. N
ame & Title of Authorized person to sign legal document: ____________________ _____
_____________________________________________________________ JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT FOR

THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE
LI

ST OF SUB-CONTRACTORS
Proposer’s Name________________________
Name Sub-contractor is licensed under: _______________________________________________ License Number and Classification: ___________________________________________________ DIR Registration No:_______________________________________________________________ Address of Subcontractor: __________________________________________________________ Percent (%) of Total Contract:_____________________%
Specific Description of Subcontract: __________________________________________________ Name Sub-contractor is licensed under: _______________________________________________ License Number and Classification: ___________________________________________________ DIR Registration No:_______________________________________________________________ Address of Subcontractor: __________________________________________________________ Percent (%) of Total Contract:_____________________%
Specific Description of Subcontract: __________________________________________________ Name Sub-contractor is licensed under: _______________________________________________ License Number and Classification: ___________________________________________________ DIR Registration No:_______________________________________________________________ Address of Subcontractor: __________________________________________________________ Percent (%) of Total Contract:_____________________%
Specific Description of Subcontract: __________________________________________________ Name Sub-contractor is licensed under: _______________________________________________ License Number and Classification: ___________________________________________________ DIR Registration No:_______________________________________________________________ Address of Subcontractor: __________________________________________________________ Percent (%) of Total Contract:_____________________%
Specific Description of Subcontract: __________________________________________________ I
NITIAL IF NO SUB: _______________________
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE

WORKERS' COMPENSATION CERTIFICATE
The
Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I
am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

N
ote: The above Certification form is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. _____
_______________________ ________________________________________ Signature Company Name
_____
_______________________ ________________________________________ Printed Name Business License Number
_____
_______________________ ________________________________________ Title Date
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT FOR

THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE
NO

N-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
(Public Contract Code Section 7106)
The under
signed declares:

I
am the ________________ of ______________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

A
ny person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______ [date], at _______________ [city], ______________________[state].
_____
____________________________ _________________________________________ Signature Company Name _____
___________________________ _________________________________________ Printed Name Title
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE RE

FERENCES
L
ist three (3) persons or firms with whom you have conducted business transactions of similar scope during the past five (5) years.

REFERENCE NO. 1
Name_________________________________________________________________________ Fi
rm/Title_______________________________________________________________________ Address_______________________________________________________________________ Tel
ephone ___________________ Fax ____________________ Email:____________________ D
escription of the scope of work:
______________________________________________________________________________ REFERENCE NO. 2
Name_________________________________________________________________________ Fi
rm/Title_______________________________________________________________________ Address_______________________________________________________________________ Tel
ephone ___________________ Fax ____________________ Email:_____________________ D
escription of the scope of work:
______________________________________________________________________________ REFERENCE NO. 3
N
ame_________________________________________________________________________ Fi
rm/Title_______________________________________________________________________ Address_______________________________________________________________________ Tel
ephone ___________________ Fax ____________________ Email:____________________ D
escription of the scope of work:
______________________________________________________________________________ JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE DE

BARRED CERTIFICATION ACKNOWLEDGEMENT
(
a)(1) The Offeror/Bidder certifies, to the best of its knowledge and belief, that— (i) The
Offeror/Bidder and/or any of its Principals—
(A) A
re not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) H
ave not, within a three- year period preceding this solicitation, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of bids; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement s, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (C) A
re not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (ii) The
Offeror/Bidder has not, within a three -year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) “
Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a per
son having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror/Bidder shall provide immediate written notice to the City if, at any time prior to contract award, the Offeror/Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A
certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offe ror’s/Bidder’s responsibility. Failure of the Offeror/Bidder to furnish a certification or provide such additional information as requested by the City may render the Offeror/Bidder nonresponsible.
(d) N
othing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror/Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon whic h r
eliance was placed when making award. If it is later determined that the Offeror/Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE The Offeror/Bidder certifies that the foregoing is true and correct:

O
fferor/Bidder:_______________________________Federal I.D. No:________________ A
ddress:________________________________________________________________ P
hone:____________________Fax:____________________Email:_________________ S
ignature:_________________________________________Date:__________________ JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CITY OF VICTORVILLE
RFP JM25-025

PLAN, FURNISH, DELIVER, AND INSTALL FURNITURE, FIXTURES, AND EQUIPMENT (FF&E) FOR THE NEW LIBRARY AND GREEN TREE GOLF COURSE CLUBHOUSE

FLEET COMPLIANCE CERTIFICATION FORM
Bidder hereby acknowledges that it has reviewed the California Air Resources Board’s policies, rules, and regulations and is familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (“Off -Road Regulation”). Bidder hereby certifies, under penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of its subcontractor(s), is true and correct:
 T
he Fleet is subject to the requirements of the Off-Road Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  T
he Fleet is exempt from the Off-Road Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.  B
idder and/or its subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Off -Road Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, its attempts to procure renewable diesel fuel and proof that shows it was not able to procure renewable diesel (i.e., third party correspondence or vendor bids).  T
he Fleet is exempt from the requirements of the Off- Road Regulation pursuant to section 2449(i)(4) because this Project has been deemed an emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the noted emergency operations, and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
 T
he Fleet does not fall under the Regulation or is otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:

Signature:

Name:

Title:

Date:

END OF FLEET COMPLIANCE CERTIFICATION
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Page 30 AT
TACHMENT “A”
SA
MPLE

CONSULTANT/PROFESSIONAL

SERVICES AGREEMENT
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

CONSULTANT COMPANY NAME
FOR

PROJECT TITLE AND NUMBER
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and(CONSULTANT), (STATE FORM OF BUSINESS), hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.” RE
CITALS:

W
HEREAS, the City requires Consultant/Professional Services to provide ___________________ as described in the Request for Proposals (“RFP”) issued for Project No. _________ (the “Project”) ; and W
HEREAS, Consultant provided a response to the RFP for said Project and following an evaluation process was selected by the City to be the provider of ____________________; and W
HEREAS, Consultant represents that it is fully qualified to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and
W
HEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, _________________ for the Project.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

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

Section 2. SCOPE OF SERVICES
C
onsultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference. In the event of a conflict with or inconsistency between the terms of this Agreement and Exhibit “A”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Agreement. Consultant’s obligations hereunder shall further include all provisions and terms and conditions set forth in the RFP for the Project identified in the above Recitals (including any City- issued Addenda pertaining thereto). Said RFP is incorporated and made part of this Agreement by this reference. To the extent there is a conflict between the provisions of the RFP and this Agreement, the provisions of this Agreement shall prevail.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Section 3. COMPENSATION
The
City shall pay to Consultant a sum not to exceed SPELL OUT AMOUNT and 00/100 Dollars ($000000000) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL (CHANGE AS APPLICABLE)
The C
ity shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following rec eipt of Consultant’s invoice. In the event of a conflict or inconsistency between this Agreement and Consultant’s Cost Proposal attached as Exhibit “B” , the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Agreement.

Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. C onsultant and its
subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, the __________________________ , and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq .; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant, its subconsultants and/or subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Consultant or subconsultant herein. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE be any conflict between the provisions of this Section 5 and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section 5 shall control, and nothing herein shall be considered as an acceptance of the terms of Consultant’s Scope of Services, Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5.
d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Consultant and Subconsultant/Subcontractor Obligations. Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(
a) The information contained in the payroll record is true and correct; and (
b) Consultant and or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement . Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to c omply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten- day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor.
(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice. e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, whic h is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(
1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it.

The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.
(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor C ode
S
ection 1815. In accordance with the provisions of Labor Code Section 1810 et seq ., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR. Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.

Section 6. TERM OF AGREEMENT
U
nless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of _______ _(__) years/months/days, commencing on _________ and expiring on _____________________ (the “Initial Term”). From and after said expiration date, and upon subsequent written Agreement by the Parties, this Agreement may continue on a month - to-month basis until terminated pursuant to Section 21 below. [IF NO OPTION PERIODS -- DELETE THIS SECTION FROM THE AGREEMENT IN ITS ENTIRETY]—
This Agreement may be extended for [_____] additional one-year period(s) (each hereinafter an “Option Period”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the Initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Section 7. INDEPENDENT CONTRACTOR STATUS
a. Cit
y retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. N
othing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services d escribed herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement.

Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. A
ny provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.

Section 8. NOT AGENT OF THE CITY
a. N
othing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. C
onsultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 9. PRINCIPAL REPRESENTATIVES
a. ______
_________, ____________________________ or his/her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. _______________________,
____________________ or his/her designee (hereinafter
“City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement, and such other functions and duties as are specified elsewhere in this Agreement. c. E
ither Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE Section 10. LICENSES AND PERMITS
C
onsultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, all business licenses, including but not limited to, a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement. A valid California contractor’s license of the type/class(es) specified in the RFP, shall be held or obtained by consultant and/or its subcontractors prior to commencing any Work hereunder and maintained throughout the term of this Agreement.

Section 11. STANDARD OF PERFORMANCE; WARRANTIES
a. C
onsultant agrees to perform all services required by this Agreement in a professional and c
ompetent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality.

Such services shall also be performed in a manner which is reasonably satisfactory to City’s Project Manager.
b. B
y executing this Agreement, Consultant warrants that it:
(
1) Has thoroughly investigated and considered the services and work to be performed; (
2) Has investigated the issues regarding the scope of services to be provided; (
3) Has carefully considered how the services and related work should be performed; and
(4) Ful
ly understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK
S
hould Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from City’s Project Manager.

Section 13. CONFLICTS OF INTEREST
a. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.), or any other applicable conflict or interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
b. C
onsultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement or which would constitute a violation of any conflict-of-interest law, including Section 81000 et seq. or Section 1090 et seq. of the California Government Code. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE c. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
d. I
n the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.

Section 14. COMPLIANCE WITH LAWS
a. C
onsultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
b. C
onsultant and all subcontractors shall further comply with: the California Fair Employment and Housing Act (Cal. Gov. Code §12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article. Consultant shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. The consultant and all subcontractors shall also comply with the requirements of the Drug-Free Workplace Act of 1990 (Cal. Gov.

Code §8350 et seq.).
c. A
dditional State Grant Requirements.
(
1) Consultant has been advised and acknowledges that the Project is being funded in whole or in part with A Calif ornia State Library Grant (Award Agreement Number BF -2-21-011).

Consultant shall be required to comply with all applicable provisions of that Grant Award Agreement, including without limitation, the following:
(a) Non-Discrimination. Consultant and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
(
b) Access. Consultant shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.).

Such access is in addition to the audit access requirements set forth in Section 17 of this Agreement.
(
c) Russian Sanctions. Executive Order N -6-22 – Russian Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N6- 22 (the “EO”) regarding economic JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-c ontent/uploads/2022/03/3.4.22-Russia -Ukraine-Executive- Order.pdf.

C
ompliance with the economic sanctions imposed in response to Russia’s actions i n Ukraine is required, including with respect to, but not limited to, the federal EO identified in the EO and the sanctions identified on the U.S. Department of the Treasury website at https://home.treasury.gov/policy-issues/financial-sanctions-programs-and-and-country- information/ukraine-russia-related-sanctions.

C
onsultant represents that it is not a target of economic sanctions. Should it be determined that Consultant is a target of economic sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Contract. (
2) Said Grant Award Agreement is on file in the Victorville City Clerk’s Office and is hereby incorporated as part of this Contract by this reference.

Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(
1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors. (
2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement. (
3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(
4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(
5) Reserved.
(
6) Reserved.
b. Additional Insurance Requirements . With respect to the policies of insurance set forth above, compliance with the following is also required:
(
1) Additional Insureds. Notwithstanding any inconsistent statement in any requir ed i
nsurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(
2) Waiver of Subrogation. Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. (
3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII. (
4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(
5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(
6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements. The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. I
f Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 17. RECORDS
a. C
onsultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager to evaluate the cost and the performance of such services.
b. B
ooks and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. C
ity’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE d. R
ecords and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement, or such later date as specified in Subsection e hereof. e. C
onsultant further agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. Consultant agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment made under this Agreement, or State Library Grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Consultant agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records Section 18. CONFIDENTIALITY; OWNERSHIP OF WORK
a. A
ny and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination or expiration of this Agreement. b. A
ny drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law. c. C
onsultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. A
ll original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. e. C
onsultant’s covenants under this Section 18 shall survive the termination of this Agreement.

Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. Thi
s Agreement may be modified or amended only by a written instrument signed by both Parties.
b. D
uring the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of PROJECT TITLE, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 20. NOTICES
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To t
he City: DEPARTMENT HEAD & TITLE
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To C
onsultant: SERVICE PROVIDER NAME,
TITLE AND ADDRESS______
________________________________________________
________________________________________________
b. N
otices, 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. c. E
ither Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.

Section 21. TERMINATION OR SUSPENSION
a. Thi
s Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. b. Thi
s Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE
Ti
me is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. E
xcept as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The pr
ovisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (
2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees. c. The C
ity does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. d. The obl
igation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. ENTIRE AGREEMENT
a. Thi
s Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement. b. Thi
s Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. N
o Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 25. AMBIGUITIES
Thi
s Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

S ection 32 . NOTICES
a. A
ny notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE To the City: DEPARTMENT HEAD & TITLE
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To
Consultant: SERVICE PROVIDER NAME,

TITLE AND ADDRESS
b. N
otices, 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 26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES N
o officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 27. REVIEW BY ATTORNEYS
E
ach Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 28. WAIVER
a. N
o waiver shall be binding unless executed in writing by the Party making the waiver. b. N
o waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Fai
lure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 29. ASSIGNMENT
N
either this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.

Section 30. CARE OF WORK
The per
formance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate, or defective work is due to the negligence of Consultant.

Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by the City, except such losses or damages as may be caused by City's own negligence.

Section 31. CAPTIONS AND HEADINGS
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 32. SUCCESSORS, HEIRS, AND ASSIGNS
E
xcept as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 33. GENDER ; SINGULAR AND PLURAL
I
n this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 34. SEVERABILITY
I
f any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 35. GOVERNING LAW
The v
alidity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 36. DEFAULT
a. Fai
lure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder. b. The P
arty claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. A
ny failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. d. I
n the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy, including termination or damages, by initiating legal proceedings.

Section 37. CUMULATIVE REMEDIES
E
xcept with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE 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 38. VENUE
A
ll proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 39. ATTORNEYS’ FEES
I
n the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 40. EFFECTIVENESS OF AGREEMENT
Thi
s Agreement shall not be binding upon the City, until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.

Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT
a. E
ach of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The per
sons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 42. COUNTERPARTS
Thi
s Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

S ection 43. CARB COMPLIANCE OBLIGATIONS
a. C ARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Consultant agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) pri or to commencing any work hereunder and maintain compliance throughout the duration of this Agreement.

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. E
ffective 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 JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE 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. C
ontractor 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 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. [E
ND OF THIS PAGE]
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE I
N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

ITY OF VICTORVILLE CONSULTANT
By: By:

Name: Name:

Title: Title:

Date: Date:

A
TTEST
___________________________________
Jennifer Thompson, City Clerk
A

PPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RI

SK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

EXHIBIT A
SC

OPE OF SERVICES
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE

EXHIBIT B
C

OST PROPOSAL
S
ee Attachment
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE A
TTACHMENT “B”
A

RCHITECTURAL/CONSTRUCTION DRAWINGS OF

NEW LIBRARY AND GREEN TREE GOLF COURSE

CLUBHOUSE
(see Attachment B on City’s website)
JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE A
TTACHMENT “C”
I

NTERIOR ARCHITECTURAL RENDERINGS

JM25-025 PLAN FURNISH DELIVER INSTALL FF&E FOR THE NEW LIBRARY & GT GOLF COURSE CLUHOUSE A
TTACHMENT “D”
P

ROJECT SPECIFICATIONS

PROJECT MANUAL
FOR

GREEN TREE LIBRARY
14144 Green Tree Boulevard
Victorville, California 92395
OWNER: CITY OF VICTORVILLE, CALIFORNIA
ARCHITECT: TR DESIGN GROUP ARCHITECTURE
2900 Adams Street, Studio A-400
Riverside, California 92504
951.742.7179 phone
951.742.7178 fax
Contact: Brian Gridley; [email protected]
STRUCTURAL ENGINEER: VERTEX CONSULTING STRUCTURAL ENGINEERS, LLC. 8165 East Indian Bend Road, Suite 105
Scottsdale, Arizona 85250
480.773.7042 phone
Contact: Ryan ; [email protected]
CIVIL ENGINEER: MERRELL JOHNSON ENGINEERING
22221 U.S. Highway 18
Apple Valley, California 92307
760.240.8000 phone
Contact: Cary Packer; [email protected]
MEP ENGINEER: GMEP ENGINEERS
26439 Rancho Parkway South, Suite 120
Lake Forest, California 92630
949.267.9095 phone
Contact: Justin Korson; [email protected]
LANDSCAPE ARCHITECT: SR-LA LANDSCAPE ARCHITECTURE
87 Columbia Street
Pasadena, California 91205
510.368.0136 phone
Contact: Sally Reynolds; [email protected]
JOB NUMBER: 21-067
DATE: 8 December 2023 – Bid Set
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
T

ABLE OF CONTENTS
000110 - 1
SECTION 000110 - TABLE OF CONTENTS

SECTION TITLE ISSUE DATE
DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS
000010 Cover ................................................................................................ 08Dec23 000110 Table of Contents ............................................................................. 08Dec23 DIVISION 01 – GENERAL REQUIREMENTS
011000 Summary .......................................................................................... 08Dec23 012000 Price and Payment Procedures ........................................................ 08Dec23 012100 Allowances ....................................................................................... 08Dec23 012200 Unit Prices ........................................................................................ 08Dec23 013000 Administrative Requirements ........................................................... 08Dec23 013216 Construction Progress Schedule ...................................................... 08Dec23 013516 Alteration Project Procedures ........................................................... 08Dec23 014000 Quality Requirements ....................................................................... 08Dec23 014100 Regulatory Requirements ................................................................. 08Dec23 014216 Definitions ........................................................................................ 08Dec23 015000 Temporary Facilities and Controls .................................................... 08Dec23 016000 Product Requirements ...................................................................... 08Dec23 017000 Execution and Closeout Requirements ............................................ 08Dec23 017800 Closeout Submittals ......................................................................... 08Dec23 017900 Demonstration and Training ............................................................. 08Dec23 DIVISION 02 – EXISTING CONDITIONS
024100 Demolition ........................................................................................ 08Dec23 DIVISION 03 – CONCRETE
030516 Underslab Vapor Barrier ................................................................... 08Dec23 031000 Concrete Forming and Accessories ................................................. 08Dec23 032000 Concrete Reinforcing........................................................................ 08Dec23 033000 Cast-In-Place Concrete Reinforcing ................................................. 08Dec23 033511 Concrete Floor Finishes ................................................................... 08Dec23 DIVISION 04 – MASONRY – Not Used
DIVISION 05 – METALS
051200 Structural Steel Framing ................................................................... 08Dec23 051213 Architecturally-Exposed Structural Steel Framing ............................ 08Dec23 054000 Cold-Formed Metal Framing ............................................................ 08Dec23 055000 Metal Fabrications ............................................................................ 08Dec23 DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES
061053 Miscellaneous Rough Carpentry ...................................................... 08Dec23 064100 Architectural Wood Casework .......................................................... 08Dec23 068316 Fiberglass Reinforced Paneling ....................................................... 08Dec23 DIVISION 07 – THERMAL AND MOISTURE PROTECTION
070153 Roof Modifications ............................................................................ 08Dec23 072100 Thermal Insulation ............................................................................ 08Dec23 075600 Fluid-Applied Roofing ....................................................................... 08Dec23 076200 Sheet Metal Flashing and Trim ........................................................ 08Dec23 076210 Flexible Flashing .............................................................................. 08Dec23 077100 Roof Specialties ............................................................................... 08Dec23 077200 Roof Accessories ............................................................................. 08Dec23 078400 Firestopping ..................................................................................... 08Dec23 079005 Joint Sealers .................................................................................... 08Dec23 DIVISION 08 – OPENINGS
081116 Aluminum Doors and Frames ........................................................... 08Dec23 081416 Flush Wood Doors............................................................................ 08Dec23 083100 Access Doors and Panels ................................................................ 08Dec23 084313 Aluminum-Framed Storefronts ......................................................... 08Dec23 085659 Service and Teller Window Units ..................................................... 08Dec23 Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
S

ECTION TITLE ISSUE DATE
T

ABLE OF CONTENTS
000110 - 2
086200 Unit Skylights ................................................................................... 08Dec23 088000 Glazing ............................................................................................. 08Dec23 DIVISION 09 – FINISHES
092116 Gypsum Board Assemblies .............................................................. 08Dec23 092400 Cement Plastering ............................................................................ 08Dec23 093000 Tiling ................................................................................................. 08Dec23 095100 Acoustical Ceilings ........................................................................... 08Dec23 095446 Acoustical Ceiling Baffles ................................................................. 08Dec23 096500 Resilient Flooring.............................................................................. 08Dec23 096813 Tile Carpeting ................................................................................... 08Dec23 097200 Wall Coverings ................................................................................. 08Dec23 098430 Sound-Absorbing Wall and Ceiling Units .......................................... 08Dec23 099100 Painting ............................................................................................ 08Dec23 DIVISION 10 – SPECIALTIES
101100 Visual Display Units.......................................................................... 08Dec23 101400 Signage ............................................................................................ 08Dec23 102113.19 Plastic Toilet Compartments ............................................................ 08Dec23 102241 Operable Glass Partitions ................................................................ 08Dec23 102800 Toilet, Bath, and Laundry Accessories ............................................. 08Dec23 103100 Manufactured Fireplaces .................................................................. 08Dec23 104400 Fire Protection Specialties ................................................................ 08Dec23 109900 Miscellaneous Specialties ................................................................ 08Dec23 DIVISION 11 – EQUIPMENT
113013 Residential Appliances ..................................................................... 08Dec23 114000 Food Service Equipment .................................................................. 08Dec23 DIVISION 12 – FURNISHINGS
122400 Window Shades ............................................................................... 08Dec23 123600 Countertops ...................................................................................... 08Dec23 DIVISION 13 – SPECIAL CONSTRUCTION – Not Used
DIVISION 14 – CONVEYING EQUIPMENT
141200 Electric Dumbwaiters ........................
................................................ 08Dec23 DIVISION 21 – FIRE SUPPRESSION – Not Used
DIVISION 22 – PLUMBING-Not Used
DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING – Not Used DIVISION 26 – ELECTRICAL -Nor Used
DIVISION 28 – ELECTRONIC SAFETY AND SECURITY-Not Used
DIVISION 31 – EARTHWORK
311000 Site Clearing ..................................................................................... 08Dec23 313116 Termite Control ................................................................................ 08Dec23 DIVISION 32 – EXTERIOR IMPROVEMENTS
321713 Parking Bumpers .............................................................................. 08Dec23 321723.13 Painted Pavement Markings ............................................................ 08Dec23 321726 Tactile Warning Surfacing ................................................................ 08Dec23 323119 Decorative Metal Fences and Gates ................................................ 08Dec23 323130 Welded Metal Gates ......................................................................... 08Dec23 DIVISION 33 – UTILITIES – Not Used

END OF TABLE OF CONTENTS
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Summary
011000 - 1
SECTION 011000

SUMMARY
PART 1 GENERAL

1.1 PROJECT
A. Project Name: Victorville Green Tree Library, Victorville, California.

B. Owner's Name: City of Victorville, California.

C. Architect's Name: TR Design Group, Architecture; 2900 Adams, Studio A-400; Riverside, California 92504.

D. The Project consists of the alteration of an existing golf clubhouse facility for new library and golf clubhouse operations and addition of a new 5,000 s.f. children's library wing, located in Victorville, California..

1.2 CONTRACT DESCRIPTION
A. Contract Type: Single prime contract.

1.3 OWNER OCCUPANCY
A. Owner intends to occupy the Project upon Substantial Completion.

B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations.

C. Schedule the Work to accommodate Owner occupancy.

1.4 CONTRACTOR USE OF SITE AND PREMISES
A. Construction Operations: Limited to areas noted on Drawings.

1. Locate and conduct construction activities in ways that will limit disturbance to site.

B. Arrange use of site and premises to allow:

1. Owner occupancy.
a. Owner will occupy and operate basement area for golf cart storage and maintenance throughout the duration of project work.

2. Work by Others.

3. Work by Owner.

C. Provide access to and from site as required by law and by Owner:

1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered.

2. Do not obstruct roadways, sidewalks, or other public ways without permit.

D. Utility Outages and Shutdown:

1. Prevent accidental disruption of utility services to other facilities.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Price and Payment Procedures
012000 - 1
SECTION 012000

PRICE AND PAYMENT PROCEDURES
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Procedures for preparation and submittal of applications for progress payments.

B. Documentation of changes in Contract Sum and Contract Time.

C. Change procedures.

D. Correlation of Contractor submittals based on changes.

E. Procedures for preparation and submittal of application for final payment.

1.2 SCHEDULE OF VALUES
A. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit draft to Architect for approval.

B. Forms filled out by hand will not be accepted.

C. Submit Schedule of Values in duplicate within 15 days after date of Owner-Contractor Agreement.

1.3 APPLICATIONS FOR PROGRESS PAYMENTS
A. Payment Period: Submit at intervals stipulated in the Agreement.

B. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval.

C. Forms filled out by hand will not be accepted.

D. For each item, provide a column for listing each of the following:

1. Item Number.

2. Description of work.

3. Scheduled Values.

4. Previous Applications.

5. Work in Place and Stored Materials under this Application.

6. Authorized Change Orders.

7. Total Completed and Stored to Date of Application.

8. Percentage of Completion.

9. Balance to Finish.

10. Retainage.
a. Retainage will be 5% of total amount per Application for Payment.

E. Execute certification by signature of authorized officer.

F. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products.

G. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of work.

H. Submit one electronic and three hard-copies of each Application for Payment.

I. Include the following with the application:

1. Transmittal letter as specified for submittals in Section 013000.

2. Construction progress schedule, revised and current as specified in Section 013000.

J. When Architect requires substantiating information, submit data justifying dollar amounts in question.

Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description.

1.4 MODIFICATION PROCEDURES
A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor.

B. For other required changes, Architect will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order.

1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time.

2. Promptly execute the change.

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TRD Job Number 21-067 Bid Set
Price and Payment Procedures
012000 - 2
C. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within five days.

D. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract.

1. For change requested by Architect for work falling under a fixed price contract, the amount will be based on Contractor's price quotation.

2. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Architect.

3. For pre-determined unit prices and quantities, the amount will based on the fixed unit prices.

4. For change ordered by Architect without a quotation from Contractor, the amount will be determined by Architect based on the Contractor's substantiation of costs as specified for Time and Material work.

E. Substantiation of Costs: Provide full information required for evaluation.

1. On request, provide the following data:
a. Quantities of products, labor, and equipment.
b. Taxes, insurance, and bonds.
c. Overhead and profit.
d. Justification for any change in Contract Time.
e. Credit for deletions from Contract, similarly documented.

2. Support each claim for additional costs with additional information:
a. Origin and date of claim.
b. Dates and times work was performed, and by whom.
c. Time records and wage rates paid.
d. Invoices and receipts for products, equipment, and subcontracts, similarly documented.

3. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract.

F. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract.

G. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust times for other items of work affected by the change, and resubmit.

H. Promptly enter changes in Project Record Documents.

1.5 APPLICATION FOR FINAL PAYMENT
A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due.

B. Application for Final Payment will not be considered until the following have been accomplished:

1. All closeout procedures specified in Section 017000.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Allowances
012100 - 1
SECTION 012100

ALLOWANCES
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Cash allowances.

B. Contingency allowance.

C. Inspecting and testing allowances.

D. Payment and modification procedures relating to allowances.

1.2 CASH ALLOWANCES
A. Costs Included in Cash Allowances: Cost of product to Contractor or subcontractor, less applicable trade discounts, less cost of delivery to site , less applicable taxes .

B. Costs Not Included in Cash Allowances: Product delivery to site and handling at the site, including unloading, uncrating, and storage; protection of products from elements and from damage; and labor for installation and finishing.

C. Architect Responsibilities:

1. Consult with Contractor for consideration and selection of products, suppliers , and installers.

2. Select products in consultation with Owner and transmit decision to Contractor.

3. Prepare Change Order.

D. Contractor Responsibilities:

1. Assist Architect in selection of products, suppliers , and installers.

2. Obtain proposals from suppliers and installers and offer recommendations.

3. On notification of which products have been selected, execute purchase agreement with designated supplier and installer.

4. Arrange for and process shop drawings, product data, and samples. Arrange for delivery.

5. Promptly inspect products upon delivery for completeness, damage, and defects. Submit claims for transportation damage.

E. Differences in costs will be adjusted by Change Order.

1.3 CONTINGENCY ALLOWANCE
A. Contractor's costs for products, delivery, installation, labor, insurance, payroll, taxes, bonding, equipment rental, overhead and profit will be included in Change Orders authorizing expenditure of funds from this Contingency Allowance.

B. Funds will be drawn from the Contingency Allowance only by Change Order.

C. At closeout of Contract, funds remaining in Contingency Allowance will be credited to Owner by Change Order.

1.4 INSPECTING AND TESTING ALLOWANCES
A. Costs Included in Inspecting and Testing Allowances: Cost of engaging an inspecting or testing agency; execution of inspecting and tests; and reporting results.

B. Costs Not Included in the Inspecting and Testing Allowances:

1. Costs of incidental labor and facilities required to assist inspecting or testing agency.

2. Costs of testing services used by Contractor separate from Contract Document requirements.

3. Costs of retesting upon failure of previous tests as determined by Architect.

C. Payment Procedures:

1. Submit one copy of the inspecting or testing firm's invoice with next application for payment.

2. Pay invoice on approval by Architect.

D. Differences in cost will be adjusted by Change Order.

1.5 ALLOWANCES SCHEDULE
A. To be determined.

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Allowances
012100 - 2
PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Unit Prices
012200 - 1
SECTION 012200

UNIT PRICES
PART 1 GENERAL

1.1 SECTION INCLUDES
A. List of unit prices, for use in preparing Bids.

B. Measurement and payment criteria applicable to Work performed under a unit price payment method.

C. Defect assessment and non-payment for rejected work.

1.2 COSTS INCLUDED
A. Unit Prices included on the Bid Form shall include full compensation for all required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit.

1.3 UNIT QUANTITIES SPECIFIED
A. Quantities indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements of actual Work will determine the payment amount.

1.4 MEASUREMENT OF QUANTITIES
A. Measurement methods delineated in the individual specification sections complement the criteria of this section. In the event of conflict, the requirements of the individual specification section govern.

B. Take all measurements and compute quantities. Measurements and quantities will be verified by Architect.

C. Assist by providing necessary equipment, workers, and survey personnel as required.

D. Measurement Devices:

1. Weigh Scales: Inspected, tested and certified by the applicable state Weights and Measures department within the past year.

2. Platform Scales: Of sufficient size and capacity to accommodate the conveying vehicle.

3. Metering Devices: Inspected, tested and certified by the applicable state department within the past year.

E. Measurement by Weight: Concrete reinforcing steel, rolled or formed steel or other metal shapes will be measured by handbook weights. Welded assemblies will be measured by handbook or scale weight.

F. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness.

G. Measurement by Area: Measured by square dimension using mean length and width or radius.

H. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord.

I. Stipulated Price Measurement: Items measured by weight, volume, area, or linear means or combination, as appropriate, as a completed item or unit of the Work.

J. Perform surveys required to determine quantities, including control surveys to establish measurement reference lines. Notify Architect prior to starting work.

K. Contractor's Engineer Responsibilities: Sign surveyor's field notes or keep duplicate field notes , calculate and certify quantities for payment purposes.

1.5 PAYMENT
A. Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities of Work that is incorporated in or made necessary by the Work and accepted by the Architect, multiplied by the unit price.

B. Payment will not be made for any of the following:

1. Products wasted or disposed of in a manner that is not acceptable.

2. Products determined as unacceptable before or after placement.

3. Products not completely unloaded from the transporting vehicle.

4. Products placed beyond the lines and levels of the required Work.

5. Products remaining on hand after completion of the Work.

6. Loading, hauling, and disposing of rejected Products.

1.6 DEFECT ASSESSMENT
A. Replace Work, or portions of the Work, not complying with specified requirements.

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TRD Job Number 21-067 Bid Set
Unit Prices
012200 - 2
B. If, in the opinion of Architect, it is not practical to remove and replace the Work, Architect will direct one of the following remedies:

1. The defective Work may remain, but the unit price will be adjusted to a new unit price at the discretion of Architect.

2. The defective Work will be partially repaired to the instructions of the Architect, and the unit price will be adjusted to a new unit price at the discretion of Architect.

C. The individual specification sections may modify these options or may identify a specific formula or percentage price reduction.

D. The authority of Architect to assess the defect and identify payment adjustment is final.

1.7 SCHEDULE OF UNIT PRICES
A. To be determined.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Administrative Requirements
013000 - 1
SECTION 013000

ADMINISTRATIVE REQUIREMENTS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Electronic document submittal service.

B. Preconstruction meeting.

C. Progress meetings.

D. Construction progress schedule.

E. Progress photographs.

F. Submittals for review, information, and project closeout.

G. Submittal procedures.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION

3.1 PRECONSTRUCTION MEETING
A. Owner will schedule a meeting after Notice of Award.

B. Attendance Required:

1. Owner.

2. Architect.

3. Contractor.

C. Agenda:

1. Execution of Owner-Contractor Agreement.

2. Submission of executed bonds and insurance certificates.

3. Distribution of Contract Documents.

4. Submission of list of subcontractors, list of products, schedule of values, and progress schedule.

5. Designation of personnel representing the parties to Contract and <1|A/E|>.

6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures.

7. Scheduling.

D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made.

3.2 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the work at maximum bi-monthly intervals.

B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings.

C. Attendance Required:

1. Contractor.

2. Owner.

3. Architect.

4. Contractor's superintendent.

5. Major subcontractors.

D. Agenda:

1. Review minutes of previous meetings.

2. Review of work progress.

3. Field observations, problems, and decisions.

4. Identification of problems that impede, or will impede, planned progress.

5. Review of submittals schedule and status of submittals.

6. Review of off-site fabrication and delivery schedules.

7. Maintenance of progress schedule.

8. Corrective measures to regain projected schedules.

9. Planned progress during succeeding work period.

10. Coordination of projected progress.

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Administrative Requirements
013000 - 2

11. Maintenance of quality and work standards.

12. Effect of proposed changes on progress schedule and coordination.

13. Other business relating to work.

E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made.

3.3 CONSTRUCTION PROGRESS SCHEDULE - SEE SECTION 013216 A. Within 10 days after date of the Agreement, submit preliminary schedule defining planned operations for the first 60 days of work, with a general outline for remainder of work.

B. If preliminary schedule requires revision after review, submit revised schedule within 10 days.

C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review.

1. Include written certification that major contractors have reviewed and accepted proposed schedule.

D. Within 10 days after joint review, submit complete schedule.

E. Submit updated schedule with each Application for Payment.

3.4 PROGRESS PHOTOGRAPHS
A. Submit photographs with each application for payment, taken not more than 3 days prior to submission of application for payment.

B. Photography Type: Digital; electronic files.

C. In addition to periodic, recurring views, take photographs of each of the following events:

1. Completion of site clearing.

2. Excavations in progress.

3. Foundations in progress and upon completion.

4. Structural framing in progress and upon completion.

5. Enclosure of building, upon completion.

6. Final completion, minimum of ten (10) photos.

D. Views:

1. Provide non-aerial photographs from four cardinal views at each specified time, until date of Substantial Completion.

2. Consult with Architect for instructions on views required.

3. Provide factual presentation.

4. Provide correct exposure and focus, high resolution and sharpness, maximum depth of field, and minimum distortion.

E. Digital Photographs: 24 bit color, minimum resolution of 1024 by 768, in JPG format; provide files unaltered by photo editing software.

1. Delivery Medium: Via email.

2. File Naming: Include project identification, date and time of view, and view identification.

3. PDF File: Assemble all photos into printable pages in PDF format, with 2 to 3 photos per page, each photo labeled with file name; one PDF file per submittal.

4. Hard Copy: Printed hardcopy (grayscale) of PDF file and point of view sketch.

3.5 SUBMITTALS FOR REVIEW
A. When the following are specified in individual sections, submit them for review:

1. Product data.

2. Shop drawings.

3. Samples for selection.

4. Samples for verification.

B. Submit to Architect for review for the limited purpose of checking for compliance with information given and the design concept expressed in the contract documents.

C. Samples will be reviewed for aesthetic, color, or finish selection.

D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 017800 - Closeout Submittals.

3.6 SUBMITTALS FOR INFORMATION
A. When the following are specified in individual sections, submit them for information:

1. Design data.

2. Certificates.

3. Test reports.

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TRD Job Number 21-067 Bid Set
Administrative Requirements
013000 - 3

4. Inspection reports.

5. Manufacturer's instructions.

6. Manufacturer's field reports.

7. Other types indicated.

B. Submit for Architect's knowledge as contract administrator or for Owner.

3.7 SUBMITTALS FOR PROJECT CLOSEOUT
A. Submit Correction Punch List for Substantial Completion.

B. Submit Final Correction Punch List for Substantial Completion.

C. When the following are specified in individual sections, submit them at project closeout in compliance with requirements of Section 017800 - Closeout Submittals:

1. Project record documents.

2. Operation and maintenance data.

3. Warranties.

4. Bonds.

5. Other types as indicated.

D. Submit for Owner's benefit during and after project completion.

3.8 SUBMITTAL PROCEDURES
A. General Requirements:

1. Transmit using approved form.

2. Sequentially identify each item. For revised submittals use original number and a sequential numerical suffix.

3. Identify: Project; Contractor; subcontractor or supplier; pertinent drawing and detail number; and specification section number and article/paragraph, as appropriate on each copy.

4. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and Contract Documents.

5. Schedule submittals to expedite the Project, and coordinate submission of related items.

6. Identify variations from Contract Documents and product or system limitations that may be detrimental to successful performance of the completed work.

7. Provide space for Contractor and Architect review stamps.

8. When revised for resubmission, identify all changes made since previous submission.

9. Distribute reviewed submittals. Instruct parties to promptly report inability to comply with requirements.

10. Submittals not requested will not be recognized or processed.

11. No extension of the Contract Time will be authorized due to Contractor's failure to provide submittals in advance of the Work to permit processing or for submitting materials which do not meet minimum standards as indicated in the Specifications.

12. Manufacturer's product data sheets listing multiple items must be clearly marked to indicate the specific material or product submitted for use in the Work

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Construction Progress Schedule
013216 - 1
SECTION 013216

CONSTRUCTION PROGRESS SCHEDULE
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Preliminary schedule.

B. Construction progress schedule, bar chart type.

1.2 REFERENCE STANDARDS
A. AGC (CPSM) - Construction Planning and Scheduling Manual 2004.

B. M-H (CPM) - CPM in Construction Management - Project Management with CPM 2015.

1.3 SUBMITTALS
A. Within 10 days after date of Agreement, submit preliminary schedule.

B. If preliminary schedule requires revision after review, submit revised schedule within 10 days.

C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review.

D. Within 10 days after joint review, submit complete schedule.

E. Submit updated schedule with each Application for Payment.

F. Submit the number of opaque reproductions that Contractor requires, plus two copies that will be retained by Architect.

1.4 QUALITY ASSURANCE
A. Scheduler: Contractor's personnel or specialist Consultant specializing in CPM scheduling with one years minimum experience in scheduling construction work of a complexity comparable to this Project, and having use of computer facilities capable of delivering a detailed graphic printout within 48 hours of request.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION

3.1 PRELIMINARY SCHEDULE
A. Prepare preliminary schedule in the form of a Gantt-Chart.

3.2 GANTT-CHART SCHEDULE REQUIREMENTS
A. Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal, Gantt-chart-type, Contractor's Construction Schedule within 30 days of date established for the Notice to Proceed.

1. Base schedule on the startup construction schedule and additional information received since the start of Project.

B. Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line.

1. For construction activities that require three months or longer to complete, indicate an estimated completion percentage in 10 percent increments within time bar.

3.3 REVIEW AND EVALUATION OF SCHEDULE
A. Participate in joint review and evaluation of schedule with Architect at each submittal.

B. Evaluate project status to determine work behind schedule and work ahead of schedule.

C. After review, revise as necessary as result of review, and resubmit within 10 days.

3.4 UPDATING SCHEDULE
A. Maintain schedules to record actual start and finish dates of completed activities.

B. Indicate progress of each activity to date of revision, with projected completion date of each activity.

C. Annotate diagrams to graphically depict current status of Work.

D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes.

E. Indicate changes required to maintain Date of Substantial Completion.

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TRD Job Number 21-067 Bid Set
Construction Progress Schedule
013216 - 2
F. Submit reports required to support recommended changes.

G. Provide narrative report to define problem areas, anticipated delays, and impact on the schedule. Report corrective action taken or proposed and its effect.

3.5 DISTRIBUTION OF SCHEDULE
A. Distribute copies of updated schedules to Contractor's project site file, to subcontractors, suppliers, Architect, Owner, and other concerned parties.

B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in schedules.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Alteration Project Procedures
013516 - 1
SECTION 013516

ALTERATION PROJECT PROCEDURES
PART 1 - GENERAL

1.1 SUMMARY
A. This Section includes:

1. Products and installation for patching and extending Work within construction areas of existing facilities.

2. Providing transition and adjustments.

3. Repair of damaged surfaces and finishes.

B. Related Sections include the following:

1. Division 01 Section “Temporary Facilities and Controls” for construction of temporary fire-rated partitions to separate existing occupied areas from construction areas.

1.2 OCCUPANCY, ACCESS, AND PROTECTION
A. Entire existing facility will be occupied during progress of construction for conduct of normal operations.

B. Cooperate with Owner in scheduling operations to minimize conflict and to permit continuous usage.

Perform work not to interfere with operations of occupied areas.

C. Existing facilities will remain in full operation during execution of this Work. Exercise every precaution to ensure safety and protection for existing facilities, occupants, merchandise, pedestrians, and vehicles.

1. Maintain safe access and egress at all times for occupants, pedestrians, and vehicles.

2. Provide protection to prevent damage to facilities, merchandise, and vehicles from dust, water, weather, and other similar harmful elements. Refer to Section 015000 - Temporary Facilities and Controls for additional requirements.

3. Maintain exiting from facilities to provide safe passage complying with applicable codes.

1.3 SCHEDULING OF WORK
A. Make arrangements with Owner and schedule Work to avoid interference with normal operations of occupied areas. Submit schedule and summary of applicable Work within occupied areas and obtain Owner approval not less than two days prior to commencement of such Work.

1. Requests for use of certain existing loading docks, passage ways, and other similar spaces within areas outside limits of construction operations will be limited to day-by-day basis and must be approved in advance by Owner.

B. Coordinate access and scheduling of Work within tenant areas with Owner.

1.4 TORCH-CUTTING AND WELDING PROCEDURES
A. Notify Owner in advance of torch-cutting and welding operations performed within occupied areas; obtain approval prior to proceeding with such operations.

1. Neither open-flame torch-cutting, welding nor arc-welding are allowed without having secured appropriate permit from Fire Marshal or authority having jurisdiction.

2. Keep portable fire extinguisher of appropriate class within reach during welding or torch-cutting operations.

3. Screen arc-welding from vision of passersby.

B. Maintain a “Fire Watch” for minimum of 60 minutes after completion of each torch-cutting and welding operation.

1.5 UTILITY SERVICE OUTAGES
A. Keep utility and service outages to minimum and perform only after written approval of Owner is received.

1. Requests for outages will not be considered unless they include an identification of areas which will be affected by proposed outage.

2. Schedule outages for times other than normal business hours.

3. Make requests for outages minimum of five calendar days in advance of proposed outage.

B. Contractor: Responsible for investigating utility and service lines to determine effect of outage upon building operations outside of limit of operations. Obtain approval in advance from Owner to execute investigations.

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TRD Job Number 21-067 Bid Set
Alteration Project Procedures
013516 - 2

1.6 KEYS
A. When necessary to perform Work, Owner will issue keys to existing mechanical/electrical equipment spaces.

B. Return keys at end of each work day; request keys on succeeding days, if necessary.

PART 2 - PRODUCTS

2.1 MATERIALS
A. Type and Quality of Existing Products: Use products or types of construction that exist in structure, as needed to patch, extend, or match existing Work.

1. Generally, Contract Documents do not define products or standards of workmanship present in existing construction.

2. Determine by inspecting and testing products where necessary, referring to existing work as quality standard.

B. New Materials: Comply with Specifications for each product involved.

1. Match existing products and work for patching existing work.

C. Materials for Temporary Fire-Rated Partitions: Comply with provisions of Division 01 Section “Temporary Facilities and Controls.”
D. Salvaged Materials: Salvage sufficient quantities of cut or removed material to replace damaged Work of existing construction, when material is not readily obtainable on current market.

1. Store salvaged items in dry, secure place on site.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Comply with provisions of Section 017000.

1. Verify that areas are ready for alteration and remodeling.

B. Discrepancies: Verify dimensions and elevations indicated in layout of existing work.

1. Prior to commencing work, carefully compare and check Contract Documents for discrepancies in locations or elevations of work to be executed.

2. Refer discrepancies among Drawings and existing conditions to Architect for adjustment before work affected is performed.

3.2 PREPARATION
A. Construct temporary fire-rated partitions to separate existing occupied areas from construction and alteration areas. Comply with provisions of Division 01 Section “Temporary Facilities and Controls.” B. Cut, move, or remove items as necessary for access to alteration and renovation Work.

1. Remove unsuitable material not marked for salvage, such as rotted wood, corroded metals, deteriorated masonry and concrete, and other deteriorated materials. Replace materials as specified for finished Work.

2. Remove debris and abandoned items from area and from concealed spaces.

C. Cutting and Removal: Perform cutting and removal work to remove minimum necessary, and in manner to avoid damage to adjacent work. Cut finish surfaces such as masonry, tile, plaster, or metals by methods to terminate surfaces in straight line at natural point of division.

D. Prepare surface and remove surface finishes as necessary to provide for proper installation of new materials and finishes.

E. Close openings in exterior surfaces to protect existing Work from weather and extremes of temperature and humidity. Insulate ductwork and piping to prevent condensation in exposed areas.

F. Provide temporary barriers and closures to control operations to prevent spread of dust to occupied portions of building; refer to Section 01 5000.

3.3 INSTALLATION
A. Coordinate Work of alterations and renovations to expedite completion and to accommodate Owner occupancy.

B. Remove, cut, and patch Work in manner to minimize damage and to provide means of restoring products and finishes to specified condition.

1. Refinish visible existing surfaces to remain in renovated rooms and spaces, to specified condition for each material, with neat transition to adjacent finishes.

C. Install products as specified in individual Specification sections.

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TRD Job Number 21-067 Bid Set
Alteration Project Procedures
013516 - 3
D. Where new Work abuts or aligns with existing, perform smooth and even transition to match existing adjacent surface in texture and appearance.

1. When finished surfaces are cut so that smooth transition with new Work is not possible, terminate existing surface along straight line at natural line of division and request instructions from Architect as to method of making transition.

3.4 ADJUSTMENTS
A. Where removal of partitions or walls results in adjacent spaces becoming one, rework floors, walls, and ceilings to provide smooth plane without breaks, steps, or soffits.

B. Trim existing doors as necessary to clear new floor finish. Refinish trim as required.

C. Fit Work at penetrations of surfaces as specified in Section 017000.

D. Patch or replace portions of existing surfaces which are damaged, lifted, discolored, or showing other imperfections. Repair substrate prior to application of finishes.

3.5 FINISHES
A. Finish new surfaces as specified in individual Specification sections.

B. Finish patches to produce uniform finish and texture over entire area. When finish cannot be matched, refinish entire surface to nearest intersections.

3.6 CLEANING
A. Comply with Section 017700. Thoroughly clean areas and spaces affected by Work. Completely remove paint, mortar, oils, putty and items of similar nature.

B. Clean Owner-occupied areas daily. Clean spillage, overspray, and heavy collection of dust in Owner- occupied areas immediately.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Quality Requirements
014000 - 1
SECTION 014000

QUALITY REQUIREMENTS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Submittals.

B. References and standards.

C. Testing and inspection agencies and services.

D. Control of installation.

E. Mock-ups.

F. Tolerances.

G. Manufacturers' field services.

H. Defect Assessment.

1.2 RELATED REQUIREMENTS
A. Section 014216 - Definitions.

1.3 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Testing Agency Qualifications:

1. Prior to start of Work, submit agency name, address, and telephone number, and names of full time registered Engineer and responsible officer.

2. Submit copy of report of laboratory facilities inspection made by NIST Construction Materials Reference Laboratory during most recent inspection, with memorandum of remedies of any deficiencies reported by the inspection.

C. Design Data: Submit for Architect's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents, or for Owner's information.

D. Test Reports: After each test/inspection, promptly submit two copies of report to Architect and to Contractor.

1. Test report submittals are for Architect's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents, or for Owner's information.

E. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect, in quantities specified for Product Data.

1. Indicate material or product complies with or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.

2. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect.

F. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation.

G. Manufacturer's Field Reports: Submit reports for Architect's benefit as contract administrator or for Owner.

1. Submit for information for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents.

H. Erection Drawings: Submit drawings for Architect's benefit as contract administrator or for Owner.

1. Submit for information for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents.

1.4 REFERENCES AND STANDARDS
A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.

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TRD Job Number 21-067 Bid Set
Quality Requirements
014000 - 2
B. Comply with reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code.

C. Obtain copies of standards where required by product specification sections.

D. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion.

E. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding.

F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of Architect shall be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.5 TESTING AND INSPECTION AGENCIES AND SERVICES
A. Contractor shall employ and pay for services of an independent testing agency to perform other specified testing.

B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION

3.1 CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality.

B. Comply with manufacturers' instructions, including each step in sequence.

C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding.

D. Comply with specified standards as minimum quality for the work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Have work performed by persons qualified to produce required and specified quality.

F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer.

G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement.

3.2 MOCK-UPS
A. Apply finish materials to demonstrate the proposed rangte of materials, colors, and workmanship.

B. Tests shall be performed under provisions identified in this section and identified in the respective product specification sections.

C. Assemble and erect specified items with specified attachment and anchorage devices, flashings, seals, and finishes.

D. Accepted mock-ups shall be a comparison standard for the remaining Work.

E. Where mock-up has been accepted by Architect and is specified in product specification sections to be removed, protect mock-up throughout construction, remove mock-up and clear area when directed to do so by Architect.

3.3 TOLERANCES
A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate.

B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding.

C. Adjust products to appropriate dimensions; position before securing products in place.

3.4 TESTING AND INSPECTION
A. See individual specification sections for testing and inspection required.

B. Testing Agency Duties:

1. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services.

2. Perform specified sampling and testing of products in accordance with specified standards.

3. Ascertain compliance of materials and mixes with requirements of Contract Documents.

4. Promptly notify Architect and Contractor of observed irregularities or non-compliance of Work or products.

5. Perform additional tests and inspections required by Architect.

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Quality Requirements
014000 - 3

6. Submit reports of all tests/inspections specified.

C. Limits on Testing/Inspection Agency Authority:

1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents.

2. Agency may not approve or accept any portion of the Work.

3. Agency may not assume any duties of Contractor.

4. Agency has no authority to stop the Work.

D. Contractor Responsibilities:

1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs.

2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities.

3. Provide incidental labor and facilities:
a. To provide access to Work to be tested/inspected.
b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections.
d. To provide storage and curing of test samples.

4. Notify Architect and laboratory 24 hours prior to expected time for operations requiring testing/inspection services.

5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements.

6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements.

E. Re-testing required because of non-compliance with specified requirements shall be performed by the same agency on instructions by Architect.

F. Re-testing required because of non-compliance with specified requirements shall be paid for by Contractor.

3.5 MANUFACTURERS' FIELD SERVICES
A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance equipment as applicable, and to initiate instructions when necessary.

B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.

3.6 DEFECT ASSESSMENT
A. Replace Work or portions of the Work not complying with specified requirements.

B. If, in the opinion of Architect, it is not practical to remove and replace the work, Architect will direct an appropriate remedy or adjust payment.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Regulatory Requirements
014100 - 1
SECTION 014100

REGULATORY REQUIREMENTS
PART 1 GENERAL

1.1 SUMMARY OF REFERENCE STANDARDS
A. Regulatory requirements applicable to this project are the following:

1. ATBCB ADAAG - Americans with Disabilities Act Accessibility Guidelines, 2010 edition.

2. 29 CFR 1910 - Occupational Safety and Health Standards, current edition; as a work place.

3. ICC/ANSI A117.1 and Federal Fair Housing.

4. ICC (IFC) - ICC International Fire Code, latest edition adopted.

5. ICC (IBC) - ICC International Building Code, latest edition adopted.

6. ICC (IPC) - ICC International Plumbing Code, latest edition adopted.

7. ICC (IMC) - ICC International Mechanical Code, latest edition adopted.

8. ICC (IFGC) - ICC International Fuel Gas Code,

9. IECC (IECC) - International Energy Conservation Code, latest edition adopted.

10. Erosion and Sedimentation Control Regulations: Local jurisdiction.

11. NFPA 70 - National Electrical Code, latest edition adopted.

12. NFPA 101 - Life Safety Code, latest edition adopted.

13. Regulatory requirements as described in each specification Section.

14. Texas Accessibility Standards (for projects with state of Texas).

1.2 RELATED REQUIREMENTS
A. Section 014000 - Quality Requirements.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Definitions
014216 - 1
SECTION 014216

DEFINITIONS
PART 1 GENERAL

1.1 SUMMARY
A. This section supplements the definitions contained in the General Conditions.

B. Other definitions are included in individual specification sections.

1.2 DEFINITIONS
A. Day: Business/working day.

B. Furnish: To supply, deliver, unload, and inspect for damage.

C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, start up, and make ready for use.

D. Product: Material, machinery, components, equipment, fixtures, and systems forming the work result. Not materials or equipment used for preparation, fabrication, conveying, or erection and not incorporated into the work result. Products may be new, never before used, or re-used materials or equipment.

E. Provide: To furnish and install.

F. Supply: Same as Furnish.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Temporary Facilities and Controls
015000 - 1
SECTION 015000

TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Temporary utilities.

B. Temporary sanitary facilities.

C. Temporary Controls: Barriers, enclosures, and fencing.

D. Security requirements.

E. Vehicular access and parking.

F. Waste removal facilities and services.

G. Project identification sign.

H. Field offices.

1.2 RELATED REQUIREMENTS
A. A. NFPA 241: Standard For Safeguarding Construction, Alteration, and Demolition Operations”. www.nfpa.org.

1.3 TEMPORARY UTILITIES
A. Provide and pay for all electrical power, lighting, water, heating and cooling, and ventilation required for construction purposes.

B. New permanent facilities may be used.

C. Use trigger-operated nozzles for water hoses, to avoid waste of water.

1.4 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization.

B. New permanent facilities may not be used during construction operations.

C. Maintain daily in clean and sanitary condition.

D. At end of construction, return facilities to same or better condition as originally found.

1.5 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas that could be hazardous to workers or the public, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition.

B. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building.

C. Protect non-owned vehicular traffic, stored materials, site, and structures from damage.

1.6 FENCING
A. Construction: Commercial grade chain link fence.

B. Provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with locks.

1.7 EXTERIOR ENCLOSURES
A. Provide temporary insulated weather tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections, and to prevent entry of unauthorized persons. Provide access doors with self-closing hardware and locks.

1.8 SECURITY
A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft.

B. Coordinate with Owner's security program.

1.9 VEHICULAR ACCESS AND PARKING
A. Comply with regulations relating to use of streets and sidewalks, access to emergency facilities, and access for emergency vehicles.

B. Coordinate access and haul routes with governing authorities and Owner.

C. Provide and maintain access to fire hydrants, free of obstructions.

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Temporary Facilities and Controls
015000 - 2
D. Provide means of removing mud from vehicle wheels before entering streets.

E. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking.

1.10 WASTE REMOVAL
A. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition.

B. Provide containers with lids. Remove trash from site periodically.

C. If materials to be recycled or re-used on the project must be stored on-site, provide suitable non- combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction.

D. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids.

1.11 PROJECT IDENTIFICATION
A. Provide a project identification sign of design and construction as approved by Architect. Submit proposed design for review prior to fabrication.

B. Erect on site at location established by Architect.

C. No other signs are allowed without Owner permission except those required by law.

1.12 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary utilities, equipment, facilities, materials, prior to Date of Substantial Completion inspection.

B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated.

C. Clean and repair damage caused by installation or use of temporary work.

D. Restore new permanent facilities used during construction to specified condition.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION - NOT USED

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Product Requirements
016000 - 1
SECTION 016000

PRODUCT REQUIREMENTS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. General product requirements.

B. Sustainable design-related product requirements.

C. Transportation, handling, storage and protection.

D. Product option requirements.

E. Substitution limitations.

F. Maintenance materials, including extra materials, spare parts, tools, and software.

1.2 RELATED REQUIREMENTS
A. Section 017419 - Construction Waste Management and Disposal: Waste disposal requirements potentially affecting product selection, packaging and substitutions.

1.3 SUBMITTALS
A. Proposed Products List: Submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product.

1. Submit within 15 days after date of Agreement.

2. For products specified only by reference standards, list applicable reference standards.

B. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project.

C. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances.

D. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns.

E. Sustainable Design Submittals: Items necessary to document use of sustainable construction materials, products, and practices.

1. No Red List materials per Living Building Challenge are permitted on the Project.

1.4 QUALITY ASSURANCE
A. Sustainably Harvested Wood: Solid wood, wood chips, and wood fiber certified or labeled by an organization accredited by one of the following:

1. The Forest Stewardship Council, The Principles for Natural Forest Management; for Canada visit http://www.fsccanada.org, for the USA visit http://www.fscus.org.

2. Acceptable Evidence: Copies of invoices bearing the certifying organization's certification numbers.

PART 2 PRODUCTS

2.1 NEW PRODUCTS
A. Provide new products unless specifically required or permitted by the Contract Documents.

B. Where other criteria are met, Contractor shall give preference to products that:

1. Are extracted, harvested, and/or manufactured closer to the location of the project.

2. Have longer documented life span under normal use.

3. Result in less construction waste. See Section 017419

4. Are made of vegetable materials that are rapidly renewable.

5. Are made of recycled materials.

2.2 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description.

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Product Requirements
016000 - 2
B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed.

C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named.

2.3 MAINTENANCE MATERIALS
A. Furnish extra materials, spare parts, tools, and software of types and in quantities specified in individual specification sections.

B. Deliver to Project site; obtain receipt prior to final payment.

PART 3 EXECUTION

3.1 SUBSTITUTION PROCEDURES
A. Comply with requirements specified in this section. Substitutions shall be considered for comparable product(s) which have the indicated qualities or basis-of-design characteristics related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of the specified product(s).

B. Architect will consider requests for substitutions only within 15 days after date of Agreement.

C. Substitutions will be considered when a product becomes unavailable through no fault of the Contractor.

D. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents.

E. A request for substitution constitutes a representation that the submitter:

1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product.

2. Will provide the same warranty for the substitution as for the specified product.

3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to Owner.

4. Waives claims for additional costs or time extension that may subsequently become apparent.

F. Substitutions will not be considered at any time, when they are indicated or implied on shop drawing or product data submittals, without separate written request on form hereto attached, or when acceptance will require revision to the Contract Documents.

G. Substitution Submittal Procedure:

1. Submit one PDF of request for substitution for consideration. Limit each request to one proposed substitution. Submit on form at the end of this Section.

2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer.

3. The Architect will notify Contractor in writing of decision to accept or reject request.

4. If substitution is not acceptable, Contractor will provide specified product (s).

3.2 TRANSPORTATION AND HANDLING
A. Package products for shipment in manner to prevent damage; for equipment, package to avoid loss of factory calibration.

B. If special precautions are required, attach instructions prominently and legibly on outside of packaging.

C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials.

D. Transport and handle products in accordance with manufacturer's instructions.

E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas.

F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged.

G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage, and to minimize handling.

H. Arrange for the return of packing materials, such as wood pallets, where economically feasible.

3.3 STORAGE AND PROTECTION
A. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. See Section 017419.

B. Store and protect products in accordance with manufacturers' instructions.

C. Store with seals and labels intact and legible.

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TRD Job Number 21-067 Bid Set
Product Requirements
016000 - 3
D. Store sensitive products in weathertight, climate-controlled enclosures in an environment favorable to product.

E. For exterior storage of fabricated products, place on sloped supports above ground.

F. Protect products from damage or deterioration due to construction operations, weather, precipitation, humidity, temperature, sunlight and ultraviolet light, dirt, dust, and other contaminants.

G. Comply with manufacturer's warranty conditions, if any.

H. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products.

I. Prevent contact with material that may cause corrosion, discoloration, or staining.

J. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.

K. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Execution and Closeout Requirements
017000 - 1
SECTION 017000

EXECUTION AND CLOSEOUT REQUIREMENTS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Examination, preparation, and general installation procedures.

B. Pre-installation meetings.

C. Cutting and patching.

D. Surveying for laying out the work.

E. Cleaning and protection.

F. Starting of systems and equipment.

G. Demonstration and instruction of Owner personnel.

H. Closeout procedures, including Contractor's Correction Punch List, except payment procedures.

I. General requirements for maintenance service.

1.2 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Survey work: Submit name, address, and telephone number of Surveyor before starting survey work.

1. On request, submit documentation verifying accuracy of survey work.

2. Submit a copy of site drawing signed by the Land Surveyor, that the elevations and locations of the work are in compliance with Contract Documents.

3. Submit surveys and survey logs for the project record.

C. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities.

1. Indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. Include design drawings and calculations for bracing and shoring.

2. Identify demolition firm and submit qualifications.

3. Include a summary of safety procedures.

D. Cutting and Patching: Submit written request in advance of cutting or alteration that affects:

1. Structural integrity of any element of Project.

2. Integrity of weather exposed or moisture resistant element.

3. Efficiency, maintenance, or safety of any operational element.

4. Visual qualities of sight exposed elements.

5. Work of Owner or separate Contractor.

6. Include in request:
a. Identification of Project.
b. Location and description of affected work.
c. Necessity for cutting or alteration.
d. Description of proposed work and products to be used. e. Effect on work of Owner or separate Contractor.
f. Written permission of affected separate Contractor.
g. Date and time work will be executed.

E. Project Record Documents: Accurately record actual locations of capped and active utilities.

1.3 QUALIFICATIONS
A. For surveying work, employ a land surveyor registered in the State in which the Project is located and acceptable to Architect. Submit evidence of surveyor's Errors and Omissions insurance coverage in the form of an Insurance Certificate. Employ only individual(s) trained and experienced in collecting and recording accurate data relevant to ongoing construction activities, B. For field engineering, employ a professional engineer of the discipline required for specific service on Project, licensed in the State in which the Project is located. Employ only individual(s) trained and experienced in establishing and maintaining horizontal and vertical control points necessary for laying out construction work on project of similar size, scope and/or complexity.

C. For design of temporary shoring and bracing, employ a Professional Engineer experienced in design of this type of work and licensed in the State in which the Project is located.

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TRD Job Number 21-067 Bid Set
Execution and Closeout Requirements
017000 - 2

1.4 PROJECT CONDITIONS
A. Use of explosives is not permitted.

B. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment.

C. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion.

D. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases.

E. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere and over adjacent property.

F. Erosion and Sediment Control: Plan and execute work by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation.

1. Minimize amount of bare soil exposed at one time.

2. Provide temporary measures such as berms, dikes, and drains, to prevent water flow.

3. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays.

4. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures.

G. Noise Control: Provide methods, means, and facilities to minimize noise produced by construction operations.

H. Pest and Rodent Control: Provide methods, means, and facilities to prevent pests and insects from damaging the work.

I. Rodent Control: Provide methods, means, and facilities to prevent rodents from accessing or invading premises.

J. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. Comply with federal, state, and local regulations.

1.5 COORDINATION
A. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

B. Notify affected utility companies and comply with their requirements.

C. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

D. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on drawings. Follow routing indicated for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.

E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction.

Coordinate locations of fixtures and outlets with finish elements.

F. Coordinate completion and clean-up of work of separate sections.

G. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities.

PART 2 PRODUCTS

2.1 PATCHING MATERIALS
A. New Materials: As specified in product sections; match existing products and work for patching and extending work.

B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard.

C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 016000 - Product Requirements.

PART 3 EXECUTION

3.1 EXAMINATION
A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions.

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TRD Job Number 21-067 Bid Set
Execution and Closeout Requirements
017000 - 3
B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached.

C. Examine and verify specific conditions described in individual specification sections.

D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over-ordering or misfabrication.

E. Verify that utility services are available, of the correct characteristics, and in the correct locations.

F. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions.

3.2 PREPARATION
A. Clean substrate surfaces prior to applying next material or substance.

B. Seal cracks or openings of substrate prior to applying next material or substance.

C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond.

3.3 PREINSTALLATION MEETINGS
A. When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section.

B. Require attendance of parties directly affecting, or affected by, work of the specific section.

C. Notify Architect four days in advance of meeting date.

D. Prepare agenda and preside at meeting:

1. Review conditions of examination, preparation and installation procedures.

2. Review coordination with related work.

E. Record minutes and distribute copies within two days after meeting to participants, with electronic copies to Architect, Owner, participants, and those affected by decisions made.

3.4 LAYING OUT THE WORK
A. Verify locations of survey control points prior to starting work.

B. Promptly notify Architect of any discrepancies discovered.

C. Protect survey control points prior to starting site work; preserve permanent reference points during construction.

D. Promptly report to Architect the loss or destruction of any reference point or relocation required because of changes in grades or other reasons.

E. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Architect.

F. Utilize recognized engineering survey practices.

G. Establish a minimum of two permanent bench marks on site, referenced to established control points.

Record locations, with horizontal and vertical data, on project record documents.

H. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means:

1. Site improvements including pavements; stakes for grading, fill and topsoil placement; utility locations, slopes, and invert elevations.

2. Grid or axis for structures.

3. Building foundation, column locations, ground floor elevations.

I. Periodically verify layouts by same means.

J. Maintain a complete and accurate log of control and survey work as it progresses.

K. On completion of foundation walls and major site improvements, prepare a certified survey illustrating dimensions, locations, angles, and elevations of construction and site work.

3.5 GENERAL INSTALLATION REQUIREMENTS
A. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement.

B. Make vertical elements plumb and horizontal elements level, unless otherwise indicated.

C. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated.

D. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated.

E. Make neat transitions between different surfaces, maintaining texture and appearance.

3.6 CUTTING AND PATCHING
A. Repair or remove and replace defective construction. Restore damaged substrates and finishes.

1. Repairing includes:

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a. Replacing defective parts
b. Refinishing damaged surfaces
c. Touching up with matching materials
d. Properly adjusting operating equipment.

B. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair.

C. Whenever possible, execute the work by methods that avoid cutting or patching.

D. Perform whatever cutting and patching is necessary to:

1. Complete the work.

2. Fit products together to integrate with other work.

3. Provide openings for penetration of mechanical, electrical, and other services.

4. Match work that has been cut to adjacent work.

5. Repair areas adjacent to cuts to required condition.

6. Repair new work damaged by subsequent work.

7. Remove samples of installed work for testing when requested.

8. Remove and replace defective and non-complying work.

E. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition.

F. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces.

G. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval.

H. Restore work with new products in accordance with requirements of Contract Documents.

I. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

J. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material in accordance with Section 078400, to full thickness of the penetrated element.

K. Patching:

1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit.

2. Match color, texture, and appearance.

3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish.

3.7 PROGRESS CLEANING
A. Dispose of materials lawfully.

1. Containerize hazardous and sanitary waste materials separately from other waste.

2. Mark containers appropriately and dispose of legally, according to regulations.

B. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition.

C. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space.

D. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust.

E. Collect and remove waste materials, debris, and trash/rubbish from site periodically and dispose off-site; do not burn or bury.

F. F. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.

3.8 PROTECTION OF INSTALLED WORK
A. Protect installed work from damage by construction operations.

B. Provide special protection where specified in individual specification sections.

C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage.

D. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.

E. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials.

F. Protect work from spilled liquids. If work is exposed to spilled liquids, immediately remove protective coverings, dry out work, and replace protective coverings.

G. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.

H. Remove protective coverings when no longer needed; reuse or recycle coverings if possible.

3.9 SYSTEM STARTUP
A. Coordinate schedule for start-up of various equipment and systems.

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B. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions that may cause damage.

C. Verify tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer.

D. Verify that wiring and support components for equipment are complete and tested.

E. Execute start-up under supervision of applicable Contractor personnel and manufacturer's representative in accordance with manufacturers' instructions.

F. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation.

G. Submit a written report that equipment or system has been properly installed and is functioning correctly.

3.10 DEMONSTRATION AND INSTRUCTION
A. See Section 017900 - Demonstration and Training.

3.11 ADJUSTING
A. Adjust operating products and equipment to ensure smooth and unhindered operation.

3.12 FINAL CLEANING
A. Execute final cleaning prior to final project assessment.

1. Clean areas to be occupied by Owner prior to final completion before Owner occupancy.

B. Use cleaning materials that are nonhazardous.

C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment.

E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned.

F. Clean filters of operating equipment.

G. Clean debris from roofs, scuppers, overflow drains, area drains, and drainage systems.

H. Clean site; sweep paved areas, rake clean landscaped surfaces.

I. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury.

J. Engage an experienced, licensed exterminator to make a final inspection and rid Project of rodents, insects, and other pests. Prepare a report and provide to Owner with a copy of warranty.

3.13 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request.

1. Prepare a list of items to be completed and corrected (punch list), identify the value of items on the list, and reasons why the Work is not complete. Include an expected date of completion.

2. Advise Owner of pending insurance changeover requirements.

3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents

4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases.

5. Prepare and submit Project Record Documents, operation and maintenance manuals, Final Completion construction photographs and photographic negatives, damage or settlement surveys, property surveys, and similar final record information.

6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable.

7. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions.

8. Complete startup testing of systems.

9. Submit test/adjust/balance records, if any.

10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements.

11. Advise Owner of changeover in heat and other utilities.

12. Submit changeover information related to Owner's occupancy, use, operation, and maintenance.

13. Complete final cleaning requirements, including touchup painting.

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14. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects.

3.14 CLOSEOUT PROCEDURES
A. Make submittals that are required by governing or other authorities.

1. Provide copies to Architect and Owner.

B. Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in the Contractor's Correction Punch List for Contractor's Notice of Substantial Completion.

C. Notify Architect when work is considered ready for Architect's Substantial Completion inspection.

D. Submit written certification containing Contractor's Correction Punch List, that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Architect's Substantial Completion inspection.

E. Conduct Substantial Completion inspection and create Final Correction Punch List containing Architect's and Contractor's comprehensive list of items identified to be completed or corrected and submit to Architect.

F. Correct items of work listed in Final Correction Punch List and comply with requirements for access to Owner-occupied areas.

G. Accompany Project Coordinator on Contractor's preliminary final inspection.

H. Notify Architect when work is considered finally complete and ready for Architect's Substantial Completion final inspection.

I. Complete items of work determined by Architect listed in executed Certificate of Substantial Completion.

3.15 MAINTENANCE
A. Provide service and maintenance of components indicated in specification sections.

B. Maintenance Period: As indicated in specification sections or, if not indicated, not less than one year from the Date of Substantial Completion or the length of the specified warranty, whichever is longer.

C. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required.

D. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component.

E. Maintenance service shall not be assigned or transferred to any agent or subcontractor without prior written consent of the Owner.

END OF SECTION
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TRD Job Number 21-067 Bid Set
Closeout Submittals
017800 - 1
SECTION 017800

CLOSEOUT SUBMITTALS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Project Record Documents.

B. Operation and Maintenance Data.

C. Warranties and bonds.

1.2 RELATED REQUIREMENTS
A. Section 013000 - Administrative Requirements: Submittals procedures, shop drawings, product data, and samples.

B. Individual Product Sections: Specific requirements for operation and maintenance data.

C. Individual Product Sections: Warranties required for specific products or Work.

1.3 SUBMITTALS
A. Project Record Documents: Submit documents to Architect with claim for final Application for Payment.

B. Operation and Maintenance Data:

1. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect will review draft and return one copy with comments.

2. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit completed documents within ten days after acceptance.

3. Submit one copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Architect comments. Revise content of all document sets as required prior to final submission.

4. Submit two sets of revised final documents in final form within 10 days after final inspection.

C. Warranties and Bonds:

1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance.

2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment.

3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION

3.1 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; record actual revisions to the Work:

1. Drawings.

2. Specifications.

3. Addenda.

4. Change Orders and other modifications to the Contract.

5. Reviewed shop drawings, product data, and samples.

6. Manufacturer's instruction for assembly, installation, and adjusting.

B. Ensure entries are complete and accurate, enabling future reference by Owner.

C. Store record documents separate from documents used for construction.

D. Record information concurrent with construction progress.

E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following:

1. Manufacturer's name and product model and number.

2. Product substitutions or alternates utilized.

3. Changes made by Addenda and modifications.

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F. Record Drawingsand Shop Drawings: Legibly mark each item to record actual construction including:

1. Measured depths of foundations in relation to finish first floor datum.

2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements.

3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work.

4. Field changes of dimension and detail.

5. Details not on original Contract drawings.

3.2 OPERATION AND MAINTENANCE DATA
A. Source Data: For each product or system, list names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts.

B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information.

C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings.

D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions.

3.3 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish:

1. Product data, with catalog number, size, composition, and color and texture designations.

B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance.

C. Moisture protection and weather-exposed products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair.

D. Additional information as specified in individual product specification sections.

E. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products.

3.4 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System:

1. Description of unit or system, and component parts.

2. Identify function, normal operating characteristics, and limiting conditions.

3. Include performance curves, with engineering data and tests.

4. Complete nomenclature and model number of replaceable parts.

B. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions.

C. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions.

D. Provide servicing and lubrication schedule, and list of lubricants required.

E. Include manufacturer's printed operation and maintenance instructions.

F. Include sequence of operation by controls manufacturer.

G. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance.

H. Additional Requirements: As specified in individual product specification sections.

3.5 ASSEMBLY OF OPERATION AND MAINTENANCE MANUALS
A. Assemble operation and maintenance data into durable manuals for Owner's personnel use, with data arranged in the same sequence as, and identified by, the specification sections.

B. Where systems involve more than one specification section, provide separate tabbed divider for each system.

C. Binders: Commercial quality, 8-1/2 by 11 inch three D side ring binders with durable plastic covers; 2 inch maximum ring size. When multiple binders are used, correlate data into related consistent groupings.

D. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents.

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E. Project Directory: Title and address of Project; names, addresses, and telephone numbers of Architect, Consultants, Contractor and subcontractors, with names of responsible parties.

F. Tables of Contents: List every item separated by a divider, using the same identification as on the divider tab; where multiple volumes are required, include all volumes Tables of Contents in each volume, with the current volume clearly identified.

G. Dividers: Provide tabbed dividers for each separate product and system; identify the contents on the divider tab; immediately following the divider tab include a description of product and major component parts of equipment.

H. Text: Manufacturer's printed data, or typewritten data on 20 pound paper.

I. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages.

J. Arrangement of Contents: Organize each volume in parts as follows:

1. Project Directory.

2. Table of Contents, of all volumes, and of this volume.

3. Operation and Maintenance Data: Arranged by system, then by product category. a. Source data.
b. Product data, shop drawings, and other submittals.
c. Operation and maintenance data.
d. Field quality control data.
e. Photocopies of warranties and bonds.

4. Design Data: To allow for addition of design data furnished by Architect or others, provide a tab labeled "Design Data" and provide a binder large enough to allow for insertion of at least 20 pages of typed text.

3.6 WARRANTIES AND BONDS
A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until Date of Substantial completion is determined.

B. Verify that documents are in proper form, contain full information, and are notarized.

C. Co-execute submittals when required.

D. Retain warranties and bonds until time specified for submittal.

E. Manual: Bind in commercial quality 8-1/2 by 11 inch three D side ring binders with durable plastic covers.

F. Cover: Identify each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address and telephone number of Contractor and equipment supplier; and name of responsible company principal.

G. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item.

H. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal.

END OF SECTION
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Demonstration and Training
017900 - 1
SECTION 017900

DEMONSTRATION AND TRAINING
PART 1 GENERAL

1.1 SUMMARY
A. Demonstration of products and systems to be commissioned and where indicated in specific specification sections.

B. Training of Owner personnel in operation and maintenance is required for:

1. All software-operated systems.

2. HVAC systems and equipment.

3. Plumbing equipment.

4. Electrical systems and equipment.

5. Items specified in individual product Sections.

C. Training of Owner personnel in care, cleaning, maintenance, and repair is required for:

1. Roofing, waterproofing, and other weather-exposed or moisture protection products.

2. Finishes, including flooring, wall finishes, ceiling finishes.

3. Fixtures and fittings.

4. Items specified in individual product Sections.

1.2 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures; except:

B. Draft Training Plans: Owner will designate personnel to be trained; tailor training to needs and skill-level of attendees.

1. Submit to Commissioning Authority for review and inclusion in overall training plan.

2. Submit not less than four weeks prior to start of training.

3. Revise and resubmit until acceptable.

4. Provide an overall schedule showing all training sessions.

5. Include at least the following for each training session:
a. Identification, date, time, and duration.
b. Description of products and/or systems to be covered. c. Name of firm and person conducting training; include qualifications. d. Intended audience, such as job description.
e. Objectives of training and suggested methods of ensuring adequate training. f. Methods to be used, such as classroom lecture, live demonstrations, hands-on, etc. g. Media to be used, such a slides, hand-outs, etc.
h. Training equipment required, such as projector, projection screen, etc., to be provided by Contractor.

C. Training Manuals: Provide training manual for each attendee; allow for minimum of two attendees per training session.

1. Include applicable portion of O&M manuals.

2. Include copies of all hand-outs, slides, overheads, video presentations, etc., that are not included in O&M manuals.

3. Provide one extra copy of each training manual to be included with operation and maintenance data.

D. Training Reports:

1. Identification of each training session, date, time, and duration.

2. Sign-in sheet showing names and job titles of attendees.

3. List of attendee questions and written answers given, including copies of and references to supporting documentation required for clarification; include answers to questions that could not be answered in original training session.

4. Include Commissioning Authority's formal acceptance of training session.

1.3 QUALITY ASSURANCE
A. Instructor Qualifications: Familiar with design, operation, maintenance and troubleshooting of the relevant products and systems.

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Demonstration and Training
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1. Provide as instructors the most qualified trainer of those contractors and/or installers who actually supplied and installed the systems and equipment.

2. Where a single person is not familiar with all aspects, provide specialists with necessary qualifications.

PART 2 PRODUCTS - NOT USED
PART 3 EXECUTION

3.1 DEMONSTRATION - GENERAL
A. Demonstrations conducted during system start-up do not qualify as demonstrations for the purposes of this section, unless approved in advance by Owner.

B. Demonstrations conducted during Functional Testing need not be repeated unless Owner personnel training is specified.

C. Demonstration may be combined with Owner personnel training if applicable.

D. Operating Equipment and Systems: Demonstrate operation in all modes, including start-up, shut-down, seasonal changeover, emergency conditions, and troubleshooting, and maintenance procedures, including scheduled and preventive maintenance.

1. Perform demonstrations not less than two weeks prior to Substantial Completion.

2. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months.

E. Non-Operating Products: Demonstrate cleaning, scheduled and preventive maintenance, and repair procedures.

1. Perform demonstrations not less than two weeks prior to Substantial Completion.

3.2 TRAINING - GENERAL
A. Commissioning Authority will prepare the Training Plan based on draft plans submitted.

B. Conduct training on-site unless otherwise indicated.

C. Owner will provide classroom and seating at no cost to Contractor.

D. Do not start training until Functional Testing is complete, unless otherwise specified or approved by the Commissioning Authority.

E. Provide training in minimum two hour segments.

F. The Commissioning Authority is responsible for determining that the training was satisfactorily completed and will provide approval forms.

G. Training schedule will be subject to availability of Owner's personnel to be trained; re-schedule training sessions as required by Owner; once schedule has been approved by Owner failure to conduct sessions according to schedule will be cause for Owner to charge Contractor for personnel "show-up" time.

H. Review of Facility Policy on Operation and Maintenance Data: During training discuss:

1. The location of the O&M manuals and procedures for use and preservation; backup copies.

2. Typical contents and organization of all manuals, including explanatory information, system narratives, and product specific information.

3. Typical uses of the O&M manuals.

I. Product- and System-Specific Training:

1. Review the applicable O&M manuals.

2. For systems, provide an overview of system operation, design parameters and constraints, and operational strategies.

3. Review instructions for proper operation in all modes, including start-up, shut-down, seasonal changeover and emergency procedures, and for maintenance, including preventative maintenance.

4. Provide hands-on training on all operational modes possible and preventive maintenance.

5. Emphasize safe and proper operating requirements; discuss relevant health and safety issues and emergency procedures.

6. Discuss common troubleshooting problems and solutions.

7. Discuss any peculiarities of equipment installation or operation.

8. Discuss warranties and guarantees, including procedures necessary to avoid voiding coverage.

9. Review recommended tools and spare parts inventory suggestions of manufacturers.

10. Review spare parts and tools required to be furnished by Contractor.

11. Review spare parts suppliers and sources and procurement procedures.

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J. Be prepared to answer questions raised by training attendees; if unable to answer during training session, provide written response within three days.

END OF SECTION
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TRD Job Number 21-067 Bid Set
Demolition
024100 - 1
SECTION 024100

DEMOLITION
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Selective demolition of building elements for alteration purposes.

1.2 REFERENCE STANDARDS
A. NFPA 241 - Standard for Safeguarding Construction, Alteration, and Demolition Operations 2022, with Errata (2021).

1.3 SUBMITTALS
A. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities.

B. Project Record Documents: Accurately record actual locations of capped and active utilities and subsurface construction.

1.4 QUALITY ASSURANCE
PART 2 PRODUCTS -- NOT USED
PART 3 EXECUTION

3.1 SCOPE
A. Remove portions of existing buildings as indicated to perform overall scope of Work.

B. Remove paving and curbs as required to accomplish new work.

C. Within area of new construction, remove foundation walls and footings to a minimum of 2 feet below finished grade.

3.2 GENERAL PROCEDURES AND PROJECT CONDITIONS
A. Comply with other requirements specified in Section 017000.

B. Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public.

1. Obtain required permits.

2. Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed; do not allow worker or public access within range of potential collapse of unstable structures.

3. Provide, erect, and maintain temporary barriers and security devices.

4. Conduct operations to minimize effects on and interference with adjacent structures and occupants.

C. Do not begin removal until receipt of notification to proceed from Owner.

D. Minimize production of dust due to demolition operations; do not use water if that will result in ice, flooding, sedimentation of public waterways or storm sewers, or other pollution.

E. If hazardous materials are discovered during removal operations, stop work and notify Architect and Owner; hazardous materials include regulated asbestos containing materials, lead, PCB's, and mercury.

F. Perform demolition in a manner that maximizes salvage and recycling of materials.

1. Dismantle existing construction and separate materials.

2. Set aside reusable, recyclable, and salvageable materials; store and deliver to collection point or point of reuse.

3.3 EXISTING UTILITIES
A. Protect existing utilities to remain from damage.

B. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to Owner.

C. Do not close, shut off, or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to Owner.

D. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary.

E. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities.

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Demolition
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3.4 SELECTIVE DEMOLITION FOR ALTERATIONS
A. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage.

B. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, and Telecommunications): Remove existing systems and equipment as indicated.

1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components.

2. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service.

3. Verify that abandoned services serve only abandoned facilities before removal.

4. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification.

C. Protect existing work to remain.

1. Repair adjacent construction and finishes damaged during removal work.

3.5 DEBRIS AND WASTE REMOVAL
A. Remove debris, junk, and trash from site.

B. Leave site in clean condition, ready for subsequent work.

C. Clean up spillage and wind-blown debris from public and private lands.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Underslab Vapor Barrier
030516 - 1
SECTION 030516

UNDERSLAB VAPOR BARRIER
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Sheet vapor barrier under concrete slabs on grade.

1.2 REFERENCE STANDARDS
A. ASTM E1643 - Standard Practice for Selection, Design, Installation, and Inspection of Water Vapor Retarders Used in Contact with Earth or Granular Fill Under Concrete Slabs 2018a.

B. ASTM E1745 - Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill under Concrete Slabs 2017 (Reapproved 2023).

1.3 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Product Data: Submit manufacturers' data on manufactured products.

C. Samples: Submit samples of underslab vapor barrier to be used.

D. Manufacturer's Installation Instructions: Indicate installation procedures and interface required with adjacent construction.

PART 2 PRODUCTS

2.1 MATERIALS
A. Underslab Vapor Barrier:

1. Water Vapor Permeance: Not more than 0.010 perms, maximum.

2. Complying with ASTM E1745 Class A.

3. Thickness: 15 mils.

4. Acceptable Product:
a. Stego Industries LLC; Stego Wrap Vapor Barrier (15-mil): www.stegoindustries.com/#sle. b. Substitutions: See Section 016000 - Product Requirements.

B. Accessory Products: Vapor barrier manufacturer's recommended tape, adhesive, mastic, etc., for sealing seams and penetrations in vapor barrier.

PART 3 EXECUTION

3.1 EXAMINATION
A. Verify that surface over which vapor barrier is to be installed is complete and ready before proceeding with installation of vapor barrier.

3.2 INSTALLATION
A. Install vapor barrier in accordance with manufacturer's instructions and ASTM E1643.

B. Install vapor barrier under interior slabs on grade; lap sheet over footings and seal to foundation walls.

C. Lap joints minimum 6 inches.

D. Seal joints, seams and penetrations watertight with manufacturer's recommended products and follow manufacturer's written instructions.

E. No penetration of vapor barrier is allowed except for reinforcing steel and permanent utilities.

F. Repair damaged vapor retarder before covering with other materials.

END OF SECTION

CBU ATHLETICS BUILDING CONCRETE FORMING AND ACCESSORIES Riverside, California 03 10 00 - 1
SECTION 03 10 00

CONCRETE FORMING AND ACCESSORIES
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section describes the requirements for providing concrete formwork, shoring and reshoring for cast-in-place concrete, and installation of items furnished by others, including anchor bolts, setting plates, bearing plates, anchorages, inserts, frames, nosings and other items to be embedded in concrete.

B. Related Sections:

1. Concrete reinforcing is specified in Section 03 20 00.

2. Cast-in-place concrete is specified in Section 03 30 00.

1.02 SUBMITTALS
A. General: Comply with Section 01 33 00.

B. Product Data: Manufacturer's product data and installation instructions for proprietary materials, including form liners and release agents, manufactured form systems, ties and accessories.

C. Shop Drawings: Show general construction of forms including jointing, special formed joints or reveals, location and pattern of form tie placement, and other items affecting exposed concrete. Include details of inserts and anchorages.

1.03 QUALITY ASSURANCE
A. Concrete formwork shall comply with ACI 318 .

B. Allowable Tolerances: Design, construct, set, and maintain the formwork to ensure completed work meets the suggested tolerance limits specified in ACI 347.

C. Placement:

1. Before placement, check lines and levels of erected formwork. Make corrections and adjustments to ensure proper size and location of concrete members and stability of forming systems.

2. During placement, check formwork and related supports to ensure that forms are not displaced and that completed work will be within specified tolerances.

PART 2 - PRODUCTS

2.01 FORM MATERIALS
A. Forms for Exposed Finish Concrete: Plywood, metal, metal-framed, plywood-faced or other panel type materials providing as-cast surfaces.

1. Furnish in largest sizes to minimize number of joints and to conform to joint system shown on drawings.

2. Provide form material with sufficient thickness to withstand pressure of placed concrete without bow or deflection beyond allowable tolerances.

3. Use overlaid plywood, APA grade trademarked "Medium Density Overlay Plyform Exterior,” or new or reused BB plywood.

B. Earth Forms: Unless otherwise indicated or required, concrete for footings may be placed directly against vertical Concrete Forming and Accessories
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excavated surfaces, provided the material will stand without caving, that minimum reinforcing steel clearances indicated are maintained, and suitable provisions are taken to prevent raveling of top edges or sloughing of loose material from walls of excavation. Sides of excavation shall be made with a neat cut and the width made as indicated. Concrete which is exposed to view on exterior shall be formed to a minimum depth of 6-inches below finished grade. C. Wood Forms: Industry standard foundation forms. D. Cylindrical Forms: 1. Heavy glass-fiber reinforce plastic or galvanized steel sheets. 2. Butt sections together, with bolted or keyed joints. 3. Finish interior joints of forms smooth so there is no visible seam on finished concrete surfaces. E. Form Ties: Factory-fabricated, adjustable-length, removable or snap-off metal form ties, designed to prevent deflection, and to prevent spalling concrete surfaces upon removal. 1. Unless otherwise shown, provide ties so that portion remaining within concrete after removal of exterior parts is 1-inch from outer concrete surface. 2. Unless otherwise indicated, provide form ties which will leave a hole not larger than 1-inch diameter in concrete surface. 3. Form ties fabricated on project site and wire ties are not acceptable. F. Form Coating: Commercial formulation release agent that will not bond with, stain, nor adversely affect concrete surfaces; will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. Form release agent shall be VOC compliant. G. Inserts: Metal inserts for anchorage of materials or equipment to concrete construction, not supplied by other trades and required for work. 1. Adjustable wedge inserts of malleable cast iron, complete with bolts, nuts and washers; 3/4-inch bolt size unless otherwise indicated. 2. Threaded inserts of malleable cast iron, furnished complete with full-depth bolts; 3/4-inch bolt size, unless otherwise indicated. 3. Sheet metal reglets formed of same type and gauge as flashing metal to be built into reglets, unless otherwise indicated. Fill reglet or cover face opening to prevent intrusion of concrete or debris. 2.02 DESIGN OF FORMWORK A. General: Comply with ACI 318. B. Design, erect, support, brace and maintain formwork so that it will safely support vertical and lateral loads, until such loads can be supported by concrete structure. 1. Carry vertical and lateral loads to ground by formwork system and in-place construction that has attained adequate strength. 2. Design forms and falsework to include assumed values of live load, dead load, weight of moving equipment operated on formwork, ambient temperature, foundation pressures, stresses, lateral stability, and other factors pertinent to safety of structure during construction. 3. Design formwork to be removable without impact, shock or damage to cast-in-place concrete surfaces and adjacent materials. C. Fabricate formwork to prevent leakage of cement paste during concrete placement. Solidly butt joints and provide backup material as required to prevent leakage and fins. Ridges, depressions, or fins at form joints exposed to view in the completed work will not be acceptable.

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PART 3 - EXECUTION

3.01 FORM CONSTRUCTION
A. General:

1. Construct forms to sizes, shapes, lines and dimensions shown and required to obtain accurate loca- tion, grades, level and plumb work.

2. Provide for openings, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts, and other features required.

3. Select materials to obtain required finishes.

B. Fabricate forms for easy removal without hammering or prying against concrete surfaces.

1. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces.

2. Provide top forms for inclined surfaces where slope is too steep to place concrete.

3. Kerf wood inserts for forming keyways, reglets, and recesses, to prevent swelling and allow easy removal.

C. Provide temporary openings where interior area of formwork is inaccessible for cleanout, inspection before concrete placement, and placement of concrete.

1. Brace temporary closures and set tightly to forms to prevent loss of concrete mortar.

2. Locate temporary openings on forms in as inconspicuous location as possible.

3. Form intersecting planes to provide true, clean-cut corners, with edge grain of plywood not exposed as form for concrete.

D. Falsework: Erect falsework and support, brace, and maintain to safely support loads applied until such loads can be supported by in-place concrete structures.

E. Provide shores and struts with positive means of adjustment capable of taking up formwork settlement during concrete placing, using wedges or jacks or a combination. Provide trussed supports when adequate foundations for shores and struts cannot be secured.

F. Support form facing materials with structural members spaced to prevent deflection.

1. Provide camber in formwork as required for anticipated deflections due to weight and pressure of fresh concrete and construction loads for long span members without intermediate supports.

2. Inspect falsework and formwork during and after concrete placement to determine abnormal deflection or signs of failure; make necessary adjustments to produce work of required dimension.

G. Forms for Exposed Concrete:

1. Drill forms to suit form ties used and to prevent leakage of concrete mortar around tie holes. Do not splinter forms by driving ties through improperly prepared holes.

2. Do not use metal cover plates for patching holes or defects in forms.

3. Provide sharp, clean corners at intersecting planes, without visible edges or offsets. Back joints with extra studs or girts to maintain true, square intersections.

4. Use extra studs, walers and bracing to prevent bowing of forms between studs.

5. Assemble forms so they may be readily removed without damage to exposed concrete surfaces.

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6. Form molding shapes, recesses and projections with smooth-finish materials, and install in forms with sealed joints to prevent displacement.

7. Joints in formwork shall be abutted flush. Ridges, depressions, or fins at form joints will not be acceptable. Do not use form tape which creates ridges in the finished surface.

H. Corner Treatment: Form exposed corners of beams and columns to produce square, smooth, solid, unbroken lines, except as otherwise indicated.

1. Form chamfers with 3/4-inch x 3/4-inch strips, unless otherwise indicated, accurately formed and surfaced to produce uniformly straight lines and tight edge joints. Extend terminal edges to required limit and miter chamfer at changes in direction.

2. Unexposed corners may be formed either square or chamfered.

I. Provisions for Other Work:

1. Provide openings in formwork to accommodate work of other Sections, including those under separate contract (if any).

2. Size and location of openings, recesses and chases are responsibility of Section requiring such items.

3. Accurately place and securely support items to be built into forms.

J. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces. Remove chips, wood, sawdust, dirt and other debris just before concrete is to be placed.

3.02 FORM COATINGS
A. Coat form contact surfaces with form release agent before reinforcement is placed.

1. Do not allow excess material to accumulate in forms or to come into contact with reinforcement or surfaces which will be bonded to fresh concrete.

2. Apply in compliance with manufacturer's instructions.

B. Coat steel forms with non-staining, rust-preventative release agent or otherwise protect against rusting.

Rust-stained steel formwork is not acceptable.

3.03 INSTALLATION OF EMBEDDED ITEMS
A. General:

1. Set and built into work, anchorage devices and other embedded items attached to, or supported by, cast-in-place concrete.

2. Use setting drawings, diagrams, instructions and directions furnished by suppliers of items to be attached.

B. Edge Forms and Screed Strips:

1. Set edge forms or bulkheads and intermediate screed strips for slabs to obtain required elevations and contours.

2. Provide and secure units to support types of screeds required.

B. Conduits and Pipes Embedded in Concrete: Comply with ACI 318, Section 20.7.

3.04 SHORES AND SUPPORTS
A. Comply with ACI 318, Section 26.11 for shoring and reshoring in multistory construction, and as specified.

B. Extend shoring at least 3-floors under floor or roof being placed for structures over 4-stories.

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1. Shore floor directly under floor or roof being placed, so that loads from construction above will transfer directly to these shores.

2. Space out shoring in stories below this level so that no floor or member will be excessively loaded or will induce tensile stress in concrete members where no reinforcing steel is provided.

3. Extend shores beyond minimum if required to ensure proper distribution of loads throughout structure.

C. Remove shores and reshore in a planned sequence to avoid damage to partially cured concrete. Locate and provide adequate reshoring to safely support work without excessive stress or deflection.

D. Keep reshores in place a minimum of 15-days after placing upper tier, or until concrete has attained its required 28-day strength and heavy loads due to construction operations have been removed.

3.05 REMOVAL OF FORMS
A. General: Comply with ACI 318, Section 26.11.

B. Formwork not supporting concrete, such as sides of beams, walls, columns, and similar items may be removed after curing at not less than 50-deg. F. for 24-hours after placing concrete; provided concrete is sufficiently hard to not be damaged by form removal operations and curing and protection operations are maintained.

C. Formwork supporting weight of concrete, such as beam soffits, joists, slabs and other structural elements may not be removed until concrete has attained design minimum 28-day compressive strength.

1. Determine potential compressive strength of in-place concrete by testing field-cured specimens representative of concrete location or members, as specified in Section 03 33 00.

2. Form facing material may be removed 4-days after placement, only if shores and other vertical sup- ports have been arranged to permit removal without loosening or disturbing shores and supports.

3.06 RE-USE OF FORMS
A. Clean and repair surfaces of forms to be re-used in work.

1. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable.

2. Apply new form release agent material to concrete contact surfaces as specified for new formwork.

B. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fins and laitan- ce, and tighten forms to close joints.

1. Align and secure joints to avoid offsets.

2. Do not use "patched" forms for exposed concrete surfaces, except as acceptable to Architect.

END OF SECTION
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CBU ATHLETICS BUILDING CONCRETE REINFORCING
Riverside, California 03 20 00 - 1

SECTION 03 20 00 CONCRETE REINFORCING PART 1 - GENERAL 1.01 DESCRIPTION A. This Section describes the requirements for providing concrete reinforcement. B. Related Sections: 1. Concrete forming is specified in Section 03 11 00. 2. Cast-in-place concrete is specified in Section 03 30 00. 3. Reinforcement for masonry is specified in Section 04 22 00. 1.02 SUBMITTALS A. General: Comply with Section 01 33 00. B. Product Data: Manufacturer's product data, specifications, and installation instructions for proprietary materials and accessories. C. Mill Certificates: Steel producer's certificates of mill analysis, tensile and bend tests for reinforcing steel. D. Shop Drawings: For fabrication, bending, and placement of reinforcing. 1. Comply with ACI 315. 2. Show bar schedules, stirrup spacing, diagrams of bent bars, arrangements and assemblies, as required for fabrication and placement. 1.03 QUALITY ASSURANCE A. Concrete reinforcement shall comply with ACI 318, Chapter 20 B. Welding procedures, welding operators and welders shall be qualified in accordance with AWS D1.4. Welders whose work fails to pass inspection shall be requalified before proceeding further welding. 1.04 DELIVERY, STORAGE AND HANDLING A. General: Comply with Section 01 61 00. B. Deliver reinforcement to Project site bundled, tagged and marked. Use metal tags indicating bar size, lengths, and other information corresponding to markings shown on shop drawings. C. Store materials to prevent damage and accumulation of dirt or excessive rust. PART 2 - PRODUCTS 2.01 MATERIALS A. Reinforcing Bars: ASTM A615, deformed, Grade 60, ASTM A706 Deformed Grade 60. B. Reinforcement for Spirals: ASTM A82. C. Bars for Welded Splices: ASTM A706, low-alloy steel. D. Steel Wire: ASTM A82. E. Deformed Wire: ASTM A496.

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F. Welded Smooth Wire Fabric: ASTM A185.

G. Supports for Reinforcement: Bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcement in place.

1. Use wire bar type supports complying with CRSI recommendations, unless otherwise indicated. Do not use wood, brick, and other unacceptable materials.

2. For slabs on grade, use supports with sand plates or horizontal runners where base material will not support chair legs.

3. For exposed to view concrete surfaces, where legs of supports are in contact with forms, provide supports with either plastic protected or stainless steel protected legs, at Contractor's option.

4. Over waterproof membranes, use precast concrete block bar supports to prevent penetration of the membrane.

2.02 FABRICATION
A. General:

1. Fabricate reinforcing bars to conform to required shapes and dimensions, with fabrication tolerances complying with ACI 318, Chapter 20.

2. In case of fabricating errors, do not re-bend or straighten reinforcing in a manner that will weaken the material.

3. Unacceptable Materials: Reinforcement with one of the following defects will not be permitted in the work:
a. Bar lengths, depths and bends exceeding CRSI fabrication tolerances. b. Bends or kinks not indicated.
c. Bars with reduced cross-section due to excessive rusting.

2.03 SOURCE QUALITY CONTROL
A. The Owner's Testing Laboratory will collect mill test reports for reinforcement.

PART 3 - EXECUTION

3.01 INSTALLATION
A. Comply with referenced codes and standards.

1. Clean reinforcement to remove loose rust and mill scale, earth, and other materials which reduce or destroy bond with concrete.

2. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required.

3. Place reinforcement to obtain minimum concrete coverage specified in ACI 318, Section 20.6.

4. Ensure bar spacing meets requirements of ACI 318, Section 25.2.

5. Arrange, space, and securely tie bars and bar supports together with 16-gauge wire to hold rein- forcement in position during concrete placement operations.

6. Set wire ties so that twisted ends are away from exposed concrete surfaces.

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B. Provide sufficient numbers of supports of strength to carry reinforcing.

1. Do not place reinforcing bars more than 2-inches beyond the last leg of continuous bar supports.

2. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads.

C. Splices: Splice bars by lapping ends and tightly wire tying. Minimum lap of spliced bars shall be as indicated.

D. End splices in vertical reinforcing for No. 11 bars and larger may be made using a mechanical friction device which provides positive alignment during placement. Comply with manufacturer's directions for bar preparation and installation of clamping devices.

E. Welding:

1. Comply with requirements of AWS D1.4 for field welding.

2. Prior to field welding, determine weldability of reinforcing bars by laboratory chemical analysis of steel.

3. Only steel conforming to chemical requirements specified in AWS D12.1 may be welded.

END OF SECTION
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CBU ATHLETICS BUILDING CAST-IN-PLACE CONCRETE
Riverside, California 03 30 00 - 1
SECTION 03 30 00

CAST-IN-PLACE CONCRETE
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section describes the requirements for providing cast-in-place concrete.

B. Related Sections:

1. Concrete floor sealer is specified in Section 03 05 00.

2. Concrete forming is specified in Section 03 11 00.

3. Concrete reinforcing is specified in Section 03 20 00.

4. Below grade vapor retarders are specified in Section 07 26 16.

1.02 SUBMITTALS
A. General: Comply with Section 01 33 00.

B. Product Data: Manufacturer's product data, specifications with application and installation instructions for proprietary materials and items, including admixtures, bonding agents, waterstops, joint systems, chemical floor hardeners, and dry shake finish materials.

C. Samples: Samples of specified materials if requested by Architect. Include names, sources and descriptions.

D. Laboratory Test Reports: Laboratory test reports for concrete materials, mix design tests.

E. Material Certificates: Furnish materials certificates in lieu of laboratory test reports when permitted by Architect.

Material certificates shall be signed by material producer and Contractor, certifying that each material item complies with, or exceeds specified requirements.

F. Delivery Tickets: Furnish copies of delivery tickets for each load of concrete delivered to site. Provide information specified.

1.03 QUALITY ASSURANCE
A. Requirements of Regulatory Agencies: Materials and execution shall be in accordance with CBC Chapter 19 and ACI 318 the Referenced Standards.

B. Concrete construction shall comply with ACI 117 Manual of Concrete Practice. A copy of this publication shall be kept in the field office during concrete construction.

C. Concrete Testing Service:

1. Contractor shall employ a testing laboratory experienced in design and testing concrete materials and mixes to perform material evaluation tests and to design concrete mixes. Person taking the tests shall be an ACI Field Technician Grade 1.

2. Materials and installed work may require testing and retesting, as directed by Architect, during progress of work.
a. Allow access to material stockpiles and facilities.
b. Tests, including retesting of rejected materials and installed work, shall be done at Contractor's expense.

D. Tests for Concrete Materials:

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1. For normal weight concrete, test aggregates by methods of sampling and testing of ASTM C33.

2. For lightweight concrete, test aggregates by methods of sampling and testing of ASTM C330.

3. For portland cement, sample cement and determine chemical and physical properties by methods of test of ASTM C150.

4. Submit written reports to Architect, for each material sampled and tested, prior to start of work.

5. Certificates of material properties and compliance with specified requirements may be submitted in lieu of testing, when acceptable to Architect. Certificates of compliance shall be signed by materials producer and Contractor.

1.04 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Comply with Section 01 61 00.

PART 2 - PRODUCTS

2.01 CONCRETE MATERIALS
A. Portland Cement: ASTM C150, Type II unless otherwise approved. Use only one brand of cement for each required type throughout Project, unless otherwise approved by Architect.

B. Fly Ash: ASTM C618, Class F. Sampling and testing of fly ash shall be in accordance with ASTM C311.

C. Normal Weight Aggregates: ASTM C33 and as specified.

D. Lightweight Aggregates: ASTM C330.

E. Water: Clean, fresh, drinkable.

F. Admixtures:

1. Water Reducing Admixture: ASTM C494; Euclid Chemical Co. "Eucon WR-75", Master Builders "Pozzolith 200N", Sika Chemical Corp. "Plastocrete 160" or approved equal.

2. Water Reducing, Retarding Admixture: ASTM C494; Euclid Chemical Co. "Eucon Retarder-75", Master Builders "Pozzolith 100XR", Sika Chemical Corp. "Plastiment" or approved equal.

3. High Range Water Reducing Admixture: ASTM C494 Type F or G; Euclid Chemical Co. "Eucon 37", Sika Chemical Corp. "Sikament" or approved equal.

4. Air Entraining Admixture: ASTM C260.

5. Non-Corrosive, Non-Chloride Accelerator: ASTM C494, Type C or E; Euclid Chemical Co. "Accelguard 80" or approved equal. The admixture manufacturer shall have long-term non-corrosive test data from an independent testing laboratory using an acceptable accelerated corrosion test method such as that using electrical potential measures.

6. Prohibited Admixtures: Calcium chloride, thiocyanates or admixtures containing more than 0.05-per- cent chloride ions are not permitted.

2.02 RELATED MATERIALS
A. Non-Shrink Structural Grout: Pre-packaged, non-metallic, non-gaseous, non-shrink when tested in accordance with ASTM C1107, Grade C at fluid (flow cone) consistency of 20- to 30-seconds. Grout shall attain 7,500-psi compressive strength in 28-days at specified flow and shall not bleed. Euclid Chemical Co. "Hi-Flow Grout", L&M Construction Chemicals "Crystex", Master Builders "Masterflow 928" or approved equal.

B. Evaporation Retarder: Euclid Chemical Co. "Euco-Bar", L&M Construction Chemicals "E-Con", Master Builders "Confilm" or approved equal. Use to prevent plastic shrinkage drying cracks in rapid moisture loss conditions.

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2.03 PROPORTIONING AND DESIGN OF MIXES A. Develop mix proportions in accordance with ACI 318, CHPT 5. 1. Proportioning on the basis of field experience or trial mixes shall comply with CBC Section 1905.3. 2. Proportioning without field experience or trial mixtures is not allowed. B. Cementitious Materials: Use fly ash, pozzolan, ground granulated blast-furnace slag, and silica fume as needed to reduce the total amount of portland cement, which would otherwise be used, by not less than 15-percent. C. Submit written reports to Architect of each proposed mix for each type of concrete at least 15-days prior to start of work. Do not begin concrete production until mixes have been reviewed. D. Admixtures: 1. Concrete shall contain the specified water-reducing or water-reducing retarding admixture and/or high-range water-reducing admixture. Concrete required to be air-entrained shall contain and approved air-retraining admixture. Pumped concrete, concrete for industrial slabs, fiber concrete, architectural concrete, concrete required to be watertight, and concrete with a water-cement ratio below 0.50 shall contain water-reducing admixture. E. Concrete Types: Concrete Strengths (all normal weight). Shall be per the plans F. Slump Limits: Concrete containing high-range water-reducing admixture shall have a maximum slump of 9-inches unless otherwise approved by the Architect. The concrete shall batch at a slump of 2- to 3-inches, be verified, then the high-range water-reducing admixture added to increase the slump to the approved level. All other concrete shall have a slump of 4-inches for slabs and 4-inches for other members, (+) or (-) 1” G. Chloride ion content of aggregates of constituents shall be tested by the laboratory when directed by the Architect. The total chloride ion content of the mix including all constituents shall not exceed 0.03-percent or 0.56-percent or 0.075-percent chloride ions by weight of cement. 2.04 RESTORATION MATERIALS A. Bonding Agent: ASTM C1059, Type II; Euclid Chemical Co. "Flex-Con", L&M Construction Chemicals "Everbond", Master Builders "Acryl-Set" or approved equal. B. Structural Bonding Epoxy Adhesive: Two-component, 100-percent solids, 100-percent reactive compound suitable for use on dry or damp surfaces; Euclid Chemical Co. "Euco Epoxy #452MV or #620", Sika Chemical Corp. "Sikadur Hi-Mod" or approved equal. C. Overhead Repair Mortar: L&M Construction Chemicals "Durapatch VOH" or approved equal. D. Self-Leveling Cementitious Underlayment: Ardex "Ardex K-15", L&M Construction Chemicals "Levelex" or approved equal. 2.05 CONCRETE CURING MATERIALS A. Liquid Membrane Forming Curing Compounds: 1. Dissipating Resin Curing Compound: VOC compliant, clear, water-based resin, complying with ASTM C309, Type 1 (or 1D with dye), Class B; Euclid Chemical Company "Kurez VOX", L&M Construction Chemicals "L&M Cure R" or approved equal. Use in areas to receive subsequently-applied flooring. 2.06 SOURCE QUALITY CONTROL A. The Owner's Testing Laboratory will: 1. Review mix designs and certificates of compliance for materials Contractor proposes to use.

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2. Inspect batch plant to verify plant quality controls are adequate. Obtain sample of aggregates when it appears they may not conform to specified requirements.

PART 3 - EXECUTION

3.01 PREPARATION
A. Preplacement Inspection:

1. Before placing concrete, inspect formwork, reinforcing steel, and items to be embedded or cast-in.

2. Moisten wood forms immediately before placing concrete where form coatings are not used.

3. Soil at bottom of foundation systems is subject to testing for soil bearing value by the testing laboratory. Place concrete immediately after approval of excavations.

4. Coordinate installation of joint materials and moisture barriers with placement of forms and reinforcing steel.

3.02 CONCRETE MIXING
A. Measurement: Materials for concrete shall be measured by weighing the aggregates and cement using equipment that is suitable, designed and constructed for this purpose. Each size of aggregate and the cement shall be weighed separately. The accuracy of measuring devices shall be such that quantities be measured to within the following percentages of the desired amount: 1-percent for cement and water, 2-percent for aggregates, 3-percent for admixtures. Mixing water and admixtures shall be measured by volume.

B. Mixing: All concrete shall be ready-mixed and delivered in accordance with ACI 318, Chapter 5. Deposit concrete into final position within one-hour of introduction of mixing water.

3.03 CONCRETE PLACEMENT
A. Placing Record: Record time and date of casting concrete in units of building; maintain record open to inspection.

B. General: Place concrete in compliance with ACI 318, Chapter 5, and as specified.

1. Deposit concrete continuously or in layers so that concrete will not be placed on concrete which has hardened sufficiently to cause formation of seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete as nearly as possible to its final location to avoid segregation.

2. Screed concrete to receive other construction to proper level to avoid excessive skimming or grouting.

3. Do not use concrete which becomes non-plastic and unworkable, does not meet required quality control limits, or which has been contaminated by foreign materials.

4. Do not retemper concrete.

5. Remove rejected concrete from Project site.

C. Concrete Conveying: Comply with ACI 318, Chapter 5. Handle concrete from point of delivery and transfer to concrete conveying equipment and to locations of final deposit as rapidly as possible by methods to prevent segregation and loss of mix materials.

1. Provide mechanical equipment for conveying concrete to ensure continuous flow at delivery end.

2. Provide runways for wheeled concrete conveying equipment from delivery point to locations of final deposit.

3. Keep interior surfaces of conveying equipment, including chutes, free of hardened concrete, debris, water, snow, ice and other deleterious materials.

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D. Placing Concrete into Forms: 1. Deposit in forms in horizontal layers not deeper than 24-inches, in a manner to avoid inclined construction joints. 2. Where placement consists of several layers, place each while preceding layer is still plastic to avoid cold joints. 3. Remove temporary spreaders in forms when concrete placing has reached elevations of spreaders. 4. Consolidate concrete by mechanical vibrating equipment supplemented by hand-spading, rodding or tamping. Do not vibrate forms and reinforcing. 5. Do not use vibrators to transport concrete inside forms. a. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of machine. b. Place vibrators to rapidly penetrate at least 6-inches into preceding layer. c. Do not insert vibrators into lower layers of concrete that have begun to set. d. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other items without causing segregation of mix. E. Placing Concrete Slabs: Deposit and consolidate concrete slabs in continuous operation, within limits of construction joints, until the panel or section is completed. F. Consolidate concrete during placing operations using mechanical vibrating equipment, so that concrete is thoroughly worked around reinforcement, other embedded items, and into corners. G. Bring slab surfaces to correct level with a straightedge and strike off. 1. Use bull floats or darbies to smooth surface, leaving it free of humps or hollows. 2. Do not disturb slab surface prior to beginning finishing operations. H. Maintain reinforcing steel in proper position during concrete placement operations. I. Bonding: Roughen surface of set concrete at joints, to a minimum amplitude of ¼”, and clean surfaces of laitance, coatings, loose particles, and foreign matter. Apply bonding agent when noted on plans. 1. Roughen surfaces to expose bonded aggregate uniformly; leave no laitance, loose particles of aggregate, or damaged concrete at surface. 2. Bond fresh concrete to new concrete that has set but is not fully cured, as follows: a. At joints between footings and walls or columns, and between walls or columns and beams or slabs they support, and elsewhere unless otherwise specified, dampen, but do not satu-rate, roughened and cleaned surface of set concrete immediately before placing fresh concrete. b. At joints in exposed work, at vertical joints in walls, at joints in girders, beams, supported slabs and other structural members, and at joints designed to contain liquids, apply a commercial bonding agent to roughened and cleaned surface of set concrete. 1) Apply commercial bonding agent in accordance with manufacturer's printed in-structions. 3. Bond fresh concrete to fully-cured hardened concrete or existing concrete. Before depositing fresh concrete, thoroughly roughen and clean hardened surfaces. 4. Bond curbs and equipment pads to base slabs with bonding agent in accordance with manufacturer's Cast In Place Concrete
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directions.

5. Topping Slab: Prior to placement of heavy-duty floor topping, the base slab shall be cleaned, saturated surface dry, and a bonding agent approved by the topping manufacturer applied. Place topping in accordance with manufacturer's instructions.

J. Cold Weather Placing: Protect concrete work from damage or reduced strength caused by frost, or low temperatures, in compliance with the requirements of ACI 318, Section 5.12, and as specified.

1. When air temperature has fallen to or is expected to fall below 40-deg. F., uniformly heat water and aggregates before mixing to obtain a concrete placement temperature of not less than 50-deg. F. and not more than 90-deg, F.

2. Maintain concrete at a minimum temperature of 50-deg. F. for not less than 72-hours after placing.

3. Verify that forms, reinforcing steel, and adjacent concrete surfaces are free of frost, before placing concrete.

4. Only the specified non-corrosive non-chloride accelerator shall be used. Calcium chloride, thiocyanates or admixtures containing more than 0.05-percent chloride ions are not permitted.

K. Hot Weather Placing: When hot weather conditions exist that would impair quality and strength of concrete, place in compliance with ACI 318, Section 5.13, and as specified.

1. Cool ingredients before mixing to maintain concrete placement temperature below 90-deg. F. Mixing water may be chilled, or chopped ice may be used provided water equivalent of ice is calculated to total amount of mixing water.

2. Cover reinforcing steel with water-soaked burlap so that steel temperature will not exceed ambient air temperature immediately before embedment in concrete.

3. Fog spray forms, reinforcing steel and subgrade just prior to placing concrete.

4. Use water-reducing retarding admixture when required by high temperatures, low humidity, or other adverse placing conditions.

L. Non-Shrink Grout Placement: Column base plates, equipment bases and other locations indicated shall be grouted with the specified non-shrink grout.

1. Prior to grouting, roughen and clean concrete free of laitance or contaminants.

2. Presoak, saturate surface dry the area to be grouted.

3. Clean plate free of grease, rust, oil or contaminants.

4. Follow ACI guidelines.

5. Place grout in accordance with manufacturer's instructions. Avoid the formation of cold joints or voids.

3.04 JOINTS
A. Construction Joints: Locate and install construction joints as indicated or if not indicated so as to not impair strength and appearance of structure, as approved by Architect. Comply with requirements of CBC Section 1906.4.

1. Provide keyways per plan.

2. Place construction joints perpendicular to main reinforcement. Continue reinforcement across construction joint, except for slabs on grade.

B. Isolation Joints in Slabs on Ground: Provide at points of contact between slabs on ground and columns, per plan.

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C. Control Joints in Slabs on Ground: Provide control joints in slabs on ground to form panels or patterns as indicated. Use inserts 1/8- to 1/4-inch wide x 1/4 of slab depth, unless otherwise indicated. 1. Form control joints by inserting premolded plastic, hardboard or fiberboard strip into fresh concrete until top surface of strip is flush with slab surface. Tool slab edges round on each side of insert. 2. After concrete has cured, remove inserts and clean groove of loose debris. 3. Control joints may be produced by saw cuts 1-inch deep, using powered cutters when concrete has cured sufficiently to carry the machine weight and without dislodging aggregate. 4. Unless otherwise indicated, joint spacing in slabs on grade shall be 24 to 36 times slab thickness. 3.05 FINISH ON FORMED SURFACES A. Rough Form Finish: Provide as-cast rough form finish to formed concrete surfaces concealed in finish work or by other construction, unless otherwise indicated. 1. Standard rough form finish shall be the texture imparted by the form facing material used, with tie holes and defective areas repaired and patched, and fins and other projections exceeding 1/4-inch in height rubbed down or chipped off. B. Smooth Form Finish: Provide as-cast smooth form finish for formed surfaces exposed to view, or that are covered with a coating material applied directly to concrete, or a covering material bonded to concrete such as waterproofing, dampproofing, painting, or similar system. 1. Produce smooth form finish by selecting form material to impart a smooth, hard, uniform texture and arranging them orderly and symmetrically with a minimum of seams. 2. Repair and patch defective areas; remove and smooth fins and other projections. 3.06 MONOLITHIC SLAB FINISHES A. Floor surfaces shall be within +or- 3/4-inch of finished floor elevations indicated. If variations greater than this exist, the Architect may direct the Contractor to grind the surfaces to bring them within the requirements. Patching of low spots shall not be permitted. Grinding shall be done as soon as possible but not until the concrete is sufficiently strong to prevent dislodging coarse aggregate particles. B. Scratch Finish: Apply to slab surfaces to receive concrete floor topping or mortar setting beds for tile and other bonded applied cementitious finish flooring material, and as indicated. 1. After placing slabs, plane surface to a tolerance FF 15 / FL 13. 2. Slope surfaces uniformly to drains where required. 3. After leveling, roughen surface before final set with stiff brushes, brooms or rakes. C. Float Finish: Apply to slab surfaces to receive trowel finish and other finishes as specified, and slab surfaces to be covered with membrane or elastic waterproofing and as indicated. 1. After screeding, consolidating, and leveling, do not work surface until ready for floating. 2. Begin floating when surface water has disappeared or when concrete has stiffened sufficiently to permit operation of power-driven floats or hand floats. 3. Consolidate surface with power-driven floats, or by hand-floating. 4. Check and level surface plane to a tolerance FF 20 / FL 17. 5. Cut down high spots and fill low spots. 6. Uniformly slope surfaces to drains.

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7. Refloat surface to uniform, smooth, granular texture immediately after leveling.

D. Trowel Finish: Apply to slab surfaces exposed to view, unless otherwise indicated, and slab surfaces to be covered with resilient flooring, paint, or other thin-film finish coating system.

1. After floating, begin first troweling using power-driven trowel.

2. Begin final troweling when surface produces ringing sound as trowel is moved over surface.

3. Consolidate concrete surface by final hand troweling, free of trowel marks, uniform in texture and appearance, and with surface plane tolerance F F 30 / FL 25.

4. Grind smooth surface defects which would telegraph through applied floor covering system.

E. Trowel and Fine Broom Finish: Where ceramic tile is to be installed with thin-set mortar, apply trowel finish as specified, and immediately follow by slightly scarifying surface with a fine broom.

F. Non-Slip Broom Finish: Apply to exterior concrete platforms, steps, and ramps, and where indicated.

1. Immediately after trowel finishing, slightly roughen concrete surface by brooming in direction per- pendicular to main traffic route.

2. Coordinate final finish with Architect before application.

3.07 CONCRETE CURING AND PROTECTION
A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures.

Comply with ACI 318, Section 5.11.

B. Cure slabs and other non-formed surfaces using one of the following methods:

1. Application of the specified membrane-forming curing and sealing compound applied in accordance with the manufacturer's instructions immediately after final finishing. a. Membrane curing compound used in floor slabs receiving applied finish flooring shall be guaranteed by the manufacturer, in writing, not to impair bonding of adhesive. b. Apply membrane-forming curing compound to damp concrete surfaces as soon as possible after final finishing operations are complete, but no later than 2-hours. c. Apply uniformly in continuous operation by power spray or rollers in accordance with manufacturer's directions.
d. Recoat areas which are subjected to heavy rainfall within 3-hours after initial application. e. Maintain continuity of coating and repair damage during curing period. f. Apply to horizontal surfaces when concrete is dry to touch with power spray or hair broom, in accordance with manufacturer's directions.

C. Submit Concrete Curing procedure to include all methods and materials to be employed to aid in concrete curing at least 15 days prior to placing concrete.

3.08 CONCRETE SURFACE REPAIRS
A. Patch defective areas with specified proprietary patching mortar or cement mortar immediately after removal of forms, when directed by Architect.

1. Cut out honeycomb, rock pockets, and voids over l/4-inch and holes left by tie rods and bolts, down to solid concrete or to a depth of 1-inch.
a. Make edges of cuts perpendicular to concrete surface.

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b. Before placing patching mortar, clean, dampen with water, and brush-coat area to be patched with bonding agent.

2. For exposed-to-view surfaces, blend white portland cement and standard portland cement so that when dry, patching mortar will match color of surrounding concrete. a. Provide test areas at inconspicuous locations to verify mixture and color match before proceeding with patching.
b. Compact mortar in place and strike off slightly higher than surrounding surface.

B. Repair of Formed Surfaces: Repair exposed-to-view formed concrete surfaces that contain defects impacting finish appearance.

1. Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Architect.

2. Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets; fins and other projections on surface; and stains and other discolorations that cannot be removed by cleaning.

3. Flush out form tie holes, fill with dry pack mortar, or precast cement plugs secured in place with bonding agent.

4. Repair concealed formed concrete surfaces containing defects that adversely affect durability of concrete. If defects cannot be repaired, remove and replace concrete having defective surfaces.

C. Repair of Slab Surfaces: The Owner's Testing Laboratory may test slab surfaces for conformance with specified floor flatness and levelness values as specified in QUALITY CONTROL DURING CONSTRUCTION Article.

1. Test floor surfaces sloped to drain for trueness of slope, in addition to smoothness, using template having required slope. Correct high and low areas as specified.

2. Repair defective areas, except random cracks and single holes not exceeding 1-inch diameter, by cutting out and replacing with fresh concrete.
a. Remove defective areas to sound concrete with clean, square cuts, and expose reinforcing steel with at least 3/4-inch clearance around.
b. Dampen concrete surfaces in contact with patching concrete and apply bonding compound. c. Mix patching concrete to produce concrete of same type or class as original adjacent con- crete.
d. Place, compact and finish as required to blend with adjacent finished concrete. e. Cure in same manner as adjacent concrete.

3.09 QUALITY CONTROL TESTING DURING CONSTRUCTION
A. Owner will employ a special inspector to perform inspection during constructions, as follows:

1. Code Required Testing: Comply with CBC Section 1705 and Table 1705.3 .

2. Test concrete to control slumps in accordance with ASTM C143.

3. Test concrete for compressive strength as follows:
a. Make and cure three cylinders according to ASTM C31 for each 50-cubic yards or 2000- square feet of surface area for slabs or walls, or fraction thereof, at each class of structural concrete poured at site each day.

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b. In addition, samples for strength tests for each class of concrete shall be taken for 7-day tests at the beginning of the concrete work or whenever the mix or aggregate is changed. c. Test one cylinder at 7-days and two cylinders at 28-days for strength in accordance with ASTM C39.

B. Pay the Owner's testing laboratory for taking core specimens of hardened structural concrete and testing specimens according to ASTM C42 when laboratory tests of specimen cylinders show compressive strengths below specified minimum.

C. Additional sampling and testing for field quality control during placement of concrete may include the following, as directed by the Architect.

1. Sampling Fresh Concrete: ASTM C172, except modified for slump to comply with ASTM C94. a. Slump: ASTM C143; one test for each concrete load at point of discharge; and one for each set of compressive strength test specimens.
b. Air Content: ASTM C173, volumetric method for lightweight or normal weight concrete; ASTM C231 pressure method for normal weight concrete; one for each days pour of each type of air entrained concrete.
c. Concrete Temperature: Test hourly when air temperature is 40-deg. F. and below, and when 80-deg. F. and above; and each time a set of compression test specimens are made.

D. Test results shall be reported in writing to Architect and Contractor within 24-hours of making.

END OF SECTION
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SECTION 033511

CONCRETE FLOOR FINISHES
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Surface treatments for concrete floors and slabs.

B. Clear coatings.

1.2 ADMINISTRATIVE REQUIREMENTS
A. Coordinate the work with concrete floor placement and concrete floor curing.

1.3 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Product Data: Manufacturer's published data on each finishing product, including information on compatibility of different products and limitations.

C. Maintenance Data: Provide data on maintenance and renewal of applied finishes.

1.4 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials in manufacturer's sealed packaging, including application instructions.

1.5 FIELD CONDITIONS
A. Do not finish floors until interior heating system is operational.

B. Maintain ambient temperature of 50 degrees F minimum.

PART 2 PRODUCTS

2.1 COATINGS
A. High Gloss Clear Coating: Transparent, nonyellowing, acrylic polymer-based coating.

1. Composition: Solvent-based.

2. Nonvolatile Content: 15 percent, minimum, when measured by volume.

3. Products:
a. Euclid Chemical Company: ULTRAGUARD: www.euclidchemical.com/#sle. b. PROSOCO, Inc; LSGuard: www.prosoco.com/consolideck/#sle. c. SpecChem, LLC; Aqua Shine: www.specchemllc.com/#sle. d. W. R. Meadows, Inc; Decra-Seal W/B: www.wrmeadows.com/#sle. e. Substitutions: See Section 016000 - Product Requirements.

PART 3 EXECUTION

3.1 EXAMINATION
A. Verify that floor surfaces are acceptable to receive the work of this section.

B. Verify that flaws in concrete have been patched and joints filled with methods and materials suitable for further finishes.

3.2 GENERAL
A. Apply materials in accordance with manufacturer's instructions.

3.3 COATING APPLICATION
A. Verify that surface is free of previous coatings, sealers, curing compounds, water repellents, laitance, efflorescence, fats, oils, grease, wax, soluble salts, residues from cleaning agents, and other impediments to adhesion.

B. Protect adjacent non-coated areas from drips, overflow, and overspray; immediately remove excess material.

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C. Apply coatings in accordance with manufacturer's instructions, matching approved mock-ups for color, special effects, sealing and workmanship.

END OF SECTION

CBU ATHLETICS BUILDING STRUCTURAL STEEL FRAMING
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SECTION 05 12 00

STRUCTURAL STEEL FRAMING
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section describes the requirements for furnishing and installing structural steel.

B Materials and fabrication procedures are subject to inspection and tests in mill, shop, and field, conducted by a qualified inspection agency. Promptly remove and replace materials or fabricated components which do not comply.

C. Design of Members and Connections: Details are typical; similar details apply to similar conditions, unless otherwise indicated. Verify dimensions at site whenever possible without causing delay in the work. Notify Architect whenever design of members and connections are not clearly indicated.

D. Comply with structural drawings for steel moment rigid frames:

1.02 SUBMITTALS
A. General: Comply with Section 01 33 00.

B Shop Drawings: Furnish shop drawings prepared under supervision of a registered professional engineer, including complete details and schedules for fabrication and assembly of structural steel members, procedures and diagrams.

1. Include details of cuts, connections, camber, holes, and other pertinent data. Indicate welds by standard AWS symbols, and show size, length, and type of each weld.

2. Furnish setting diagrams, templates, and directions for installation of anchor bolts and other anchorag- es to be installed as work of other Sections.

C. Test Reports: Furnish copies of test reports conducted on shop and field bolted and welded connections.

Include data on types of tests conducted and test results.

D. Surveys: Furnish certified copies of each survey conducted by a registered professional engineer, showing elevations and locations of base plates and anchor bolts, and final elevations and locations for members. Show discrepancies between actual installation and contract documents.

1.03 QUALITY ASSURANCE
A. Welding Qualifications: Prior to commencing welding, welding procedures, welding operations, and welders shall be qualified in accordance with AWS D1.1.

1.04 DELIVERY, STORAGE AND HANDLING
A. General: Comply with Section 01 61 00.

B. Deliver materials to site at intervals to ensure uninterrupted progress of the work.

C. Deliver anchor bolts and anchorage devices which are to be embedded in cast-in-place concrete or masonry.

D. Store materials to permit easy access for inspection and identification.

1. Keep structural steel members off ground, using pallets, platforms, or other supports.

2. Protect steel members and packaged materials from erosion and deterioration.

3. Do not store materials on structure in a manner to cause distortion or damage to members or supporting structures.

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PART 2 - PRODUCTS 2.01 MATERIALS A. General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, rust and scale, seam marks, roller marks, rolled trade names, and roughness. Remove blemishes by grinding or by welding and grinding, prior to cleaning, treating, and application of surface finishes. B. Structural Plates and Bars: ASTM A36 C. Wide Flange Sections: ASTM A992, Grade 50. D. Square and Rectangular HSS:ASTM A500 Grade B (46 Ksi) E. Round HSS: ASTM A5000 Grade B (42 Ksi) F. Steel Pipe: ASTM A53, Type E or S, Grade B. G. Anchor Bolts: ASTM F1554 Grade 36, nonheaded type unless otherwise indicated. H. Threaded Fasteners: ASTM A325N, bearing bolts. Provide hexagonal heads and nuts for all connections unless otherwise indicated. I. Welding Electrodes: AWS E70XX. J. Structural Steel Primer: VOC compliant rust-inhibitive alkyd primer. 2.02 FABRICATION A. Shop Fabrication and Assembly: 1. Fabricate and assemble structural assemblies in shop where possible. 2. Fabricate items in accordance with AISC Specifications and as indicated on final shop drawings. 3. Provide camber in structural members where indicated. 4. Mark and match-mark materials for field assembly. 5. Fabricate for delivery sequence which will expedite erection and minimize field handling. 6. Where shop priming is required, complete assembly, including welding, before start of finishing opera-tions. Provide finish surfaces of members exposed-to-view which are free of markings, butts and other defects. B. Connections: Weld or bolt shop connections as indicated. 1. Bolt field connections, except where welded connections or other connections are indicated. 2. Provide normal strength threaded fasteners for all bolted connections, unless noted otherwise. 3. Provide unfinished threaded fasteners for bolting secondary members to primary members, and for temporary bracing to facilitate erection. 4. High-Strength Bolted Connections: Install in accordance with AISC "Specifications for Structural Joints Using ASTM A325 or A490 Bolts", (RCRBSJ). C. Welded Construction: Comply with AWS Code D1.1 for procedures, appearance, and quality of welds and methods. Comply with the additional requirements of AWS Code D1.8 for all welds in Seismic Force Structural Steel Framing
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Resisting System (SFRS) components. Assemble and weld built-up sections by methods which will produce true alignment of axes without warp.

D. Holes for Other Work: Provide holes required for securing other work to structural steel framing, and for passage of other work through framing members as indicated on final shop drawings.

1. Punch, drill, or cut holes perpendicular to metal surfaces.

2. Do not flame cut holes or enlarge holes by burning.

3. Drill holes in bearing plates.

2.03 SHOP PAINTING
A. General: Shop paint structural steel, except members to be embedded in concrete or mortar. Paint embedded steel which is partially exposed on exposed portions and initial 2-inches of embedded areas only.

1. Do not paint surfaces which are to be field welded or high-strength bolted with friction-type connec- tions.

2. Do not paint surfaces which are to receive sprayed-on fire-proofing.

B. Surface Preparation: After inspection and before shipping, clean steel to be painted. Remove loose rust, loose mill scale, and spatter, slag or flux deposits. Clean steel to be field-painted in accordance with SSPC SP-2, 3, or 6 as applicable.

C. Painting: Immediately after surface preparation, apply primer at dry film thickness of not less than 2-mils, in accordance with manufacturer's instructions. Use painting methods which result in full coverage of joints, corners, edges and exposed surfaces.

PART 3 - EXECUTION

3.01 ERECTION
A. Surveys: Check elevations of concrete and masonry bearing surfaces, and locations of anchor bolts and similar devices, before erection proceeds. Do not proceed with erection until corrections have been made.

B. Temporary Shoring and Bracing: Provide temporary shoring and bracing members with connections of sufficient strength to bear imposed loads. Remove temporary members and connections when permanent members are in place and final connections are made.

C. Setting Bases and Bearing Plates:

1. Clean concrete and masonry bearing surfaces of bond-reducing materials and roughen to improve surface bond.

2. Clean bottom surfaces of base and bearing plates.

3. Set loose and attached base plates and bearing plates for structural members on wedges or other adjusting devices.

4. Tighten anchor bolts after supported members have been positioned and plumbed. Do not remove wedges or shims; cut off flush with edge of base or bearing plate prior to packing with grout.

5. Pack grout solidly between bearing surfaces and bases or plates, filling voids. Finish exposed surfaces, protect installed materials, and allow to dry.

D. Field Assembly:

1. Set structural frames to lines and elevations indicated. Align and adjust members before permanently fastening.

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2. Clean bearing surfaces and other surfaces which will be in permanent contact before assembly.

3. Adjust for discrepancies in elevations and alignment.

4. Level and plumb individual members within specified AISC tolerances. Establish measurements on mean operating temperature of structure. Make allowances for difference between temperature at time of erection and mean temperature of structure when completed.

E. Erection Bolts: Remove erection bolts on exposed welded construction. Fill holes with plug welds and grind smooth.

F. Comply with AISC Specifications for bearing, adequacy of temporary connections, alignment, and removal of paint on surfaces adjacent to field welds.

G. Do not enlarge unfair holes in members by burning or by use of drift pins. Ream holes requiring enlargement to admit bolts.

H. Touch-Up Painting:

1. Clean field welds, bolted connections, and abraded areas of shop paint.

2. Apply paint by brush or spray to exposed areas using same material and thickness as used for shop painting.

3. Apply by brush or spray, minimum dry film thickness of 1.5-mils.

3.02 FIELD QUALITY CONTROL
A. Special Inspection: As specified in CBC Section 1704 and CBC Table 1704.3.

1. Steel Construction: As specified in CBC Section 1704.3.

2. Welding: As specified in Section CBC Section 1704.3.1.

B. Structural Observations: As specified in CBC Section 1709.

END OF SECTION
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Architecturally-Exposed Structural Steel Framing
051213 - 1
SECTION 051213

ARCHITECTURALLY-EXPOSED STRUCTURAL STEEL FRAMING
PART 1 - GENERAL

1.1 SECTION INCLUDES
A. Additional requirements for structural steel members designated as architecturally-exposed structural steel (AESS).

1.2 DEFINITIONS
A. Architecturally-Exposed Structural Steel: Structural steel complying with designated AESS category as defined in AISC 303.

1.3 REFERENCE STANDARDS
A. AISC 303 - Code of Standard Practice for Steel Buildings and Bridges 2022.

B. AISC 360 - Specification for Structural Steel Buildings 2022.

C. ASTM A6/A6M - Standard Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes, and Sheet Piling 2022.

D. ASTM A123/A123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products 2017.

E. ASTM A500/A500M - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes 2023.

F. ASTM A780/A780M - Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings 2020.

G. ASTM A1085/A1085M - Standard Specification for Cold-Formed Welded Carbon Steel Hollow Structural Sections (HSS) 2015.

H. ASTM F3125/F3125M - Standard Specification for High Strength Structural Bolts and Assemblies, Steel and Alloy Steel, Heat Treated, Inch Dimensions 120 ksi and 150 ksi Minimum Tensile Strength, and Metric Dimensions 830 MPa and 1040 MPa Minimum Tensile Strength 2023.

I. AWS A2.4 - Standard Symbols for Welding, Brazing, and Nondestructive Examination 2020.

J. AWS D1.1/D1.1M - Structural Welding Code - Steel 2020, with Errata (2023).

K. SSPC-SP 1 - Solvent Cleaning 2015, with Editorial Revision (2016).

L. SSPC-SP 6 - Commercial Blast Cleaning 2007.

1.4 ADMINISTRATIVE REQUIREMENTS
A. Preinstallation Meeting: Schedule and conduct a preinstallation meeting at project site one week prior to start of work of this section; require attendance by all affected installers. Coordinate requirements for shipping, special handling, storage, attachment of safety cables and temporary erection bracing, final coating, touch-up painting, mock-up coordination, Architect's observations, and other requirements for AESS.

1.5 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Shop Drawings: Detailing for fabrication of AESS components.

1. Provide erection documents clearly indicating which members are AESS members and the AESS category of each part.

2. Include details that clearly identify AESS requirements found in this specification. Provide connections for AESS consistent with concepts shown on drawings.

3. Indicate welds by AWS A2.4 symbols, distinguishing between shop and field welds, and show size, length and type of each weld. Identify grinding, finish and profile of welds as defined by the designated AESS category.

4. Indicate orientation of hollow structural section (HSS) seams and mill marks (where applicable).

5. Indicate type, size, finish and length of bolts, distinguishing between shop and field bolts. Identify high-strength bolted slip-critical, direct-tensioned shear/bearing connections. Indicate orientation of bolt heads.

6. Indicate which surfaces or edges are exposed and what class of surface preparation is being used.

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7. Indicate special tolerances and erection requirements as noted on drawings or defined by the designated AESS category.

8. Indicate vent or drainage holes for HSS members.

C. Qualification data for fabricator and erector to demonstrate their capabilities and experience. Include lists of completed projects names and address, names and addresses of architects and owners, photographs showing detail of installed AESS, and other information specified.

1.6 QUALITY ASSURANCE
A. Fabricator Qualifications: In addition to those qualifications listed in Section 051200, engage an AISC Certified Fabricator, experienced in fabricating AESS similar to that indicated for this project with a record of successful in-service performance, as well as sufficient production capacity to fabricate AESS without delaying the work.

B. Erector Qualifications: In addition to those qualifications listed in Section 051200, engage an AISC Certified Erector, experienced in erecting AESS work similar in material, design, and extent to that indicated for this project and with a record of successful in-service performance.

C. Comply with applicable provisions of AISC 303, Section 10 for the designated AESS category.

D. Contractor to engage a quality assurance agency per requirements of AISC 360, Chapter N and AISC 303, Section 10.

1.7 MOCK-UP
A. Provide mock-ups for AESS 3, AESS 4, and AESS C of nature and extent indicated in contract documents.

B. See Section 014000 - Quality Requirements for additional requirements.

C. Locate mock-ups where directed. Mock-ups to be full-size unless Architect approves smaller models.

Alternatively, when a mock-up is not practical, the first piece of an element or connection can be used to determine acceptability.

D. Notify Architect one week in advance of dates and times when mock-ups will be available for review.

E. Demonstrate applicable AESS characteristics for specified category of AESS on elements and joints in mock-up.

F. Build mock-ups using member sizes and materials indicated for final work.

G. Mock-up to demonstrate weld quality, contouring of welds at aligned walls of members, specified surface preparation, and finish coating.

H. Obtain Architect ’s written approval of mock-ups before starting fabrication.

I. Retain and maintain mock-ups during construction in an undisturbed condition as a standard for judging completed work.

J. Approved mock-ups in an undisturbed condition at Date of Substantial Completion may become part of completed work.

1.8 DELIVERY, STORAGE, AND HANDLING
A. Handle finished pieces in accordance with Section 10 of AISC 303, using nylon-type slings, or chains with softeners, or wire ropes with softeners such that they are not damaged.

B. Store materials to permit easy access for inspection and identification. Keep steel members off ground by using pallets, platforms, or other supports. Protect steel members and packaged materials from erosion and deterioration. Use special care in handling to prevent twisting or warping of AESS members.

PART 2 - PRODUCTS

2.1 GENERAL REQUIREMENTS
A. Comply with Section 051200, except as amended in this section for aesthetic purposes.

B. Comply with AISC 303, Section 10 for specific AESS category designated on drawings.

2.2 FABRICATION
A. Fabricate and assemble AESS in shop to greatest extent possible. Locate field joints in AESS assemblies at concealed locations or as approved by Architect. Detail AESS assemblies to minimize field handling and expedite erection.

B. Permissible tolerances for member depth, width, out of square, and camber and sweep to be as specified in ASTM A6/A6M, ASTM A500/A500M, and ASTM A1085/A1085M.

C. Use special care in handling and shipping of AESS both before and after shop painting to minimize damage to any shop finish. Use nylon-type slings or softeners when using chains or wire rope slings.

D. Bolted Connections:

1. Make in accordance with Section 051200. Provide bolt type and finish as noted herein.

E. Welded Connections:

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1. Comply with AWS D1.1/D1.1M and Section 051200.

2. Assemble and weld built-up sections by methods that will maintain alignment of members without warp exceeding tolerances of this section.

F. Surface Preparation:

1. Remove blemishes or unsightly surfaces resulting from temporary braces or fixtures.

2. Remove backing and run out tabs.

G. Fabricate AESS in accordance with categories defined in AISC 303, as follows:

1. AESS 1: Basic elements.

2. AESS 2: Feature elements viewed at a distance greater than 20 feet (feature elements not in close view).

3. AESS 3: Feature elements viewed at a distance less than 20 feet (feature elements in close view).

4. AESS 4: Showcase elements with special surface and edge treatment beyond fabrication (showcase elements).

5. AESS C: Custom elements; fabricate to requirements of AESS 1 and the following characteristics:

2.3 PAINT SYSTEM
A. Compatibility: All components/procedures of AESS paint system to conform to coating system specified, submitted, and approved per Section 099000. As a minimum, identify required surface preparation, primer, intermediate coat (if applicable), and finish coat. Primer, intermediate coating, and finish coating to be from a single manufacturer combined in a system documented by manufacturer with adequate guidance for fabricator to procure and execute.

B. Primer: As specified in Section 099000. Primer to comply with all federal standards for VOC, lead and chromate levels.

C. Finish Coating: Field apply intermediate and top coats per Section 099000.

1. Finish: Custom paint selection to match storefront finish.

2.4 SHOP PRIMING
A. Surface Preparation:

1. Provide surface preparations to meet SSPC-SP 6.

2. Coordinate required surface profile with approved paint submittal prior to beginning surface preparation.

3. Prior to blasting, remove any grease and oil using solvent cleaning to meet SSPC-SP 1.

4. Remove weld spatter, slivers and similar surface discontinuities.

5. Ease sharp corners resulting from shearing, flame cutting or grinding.

B. Shop prime structural steel members. Do not prime surfaces that will be fireproofed, field welded, in contact with concrete, or high strength bolted with slip-critical connections.

1. Extend priming of members partially embedded in concrete or mortar to a depth of 2 inches.

C. Priming: Immediately after surface preparation, apply primer according to manufacturer’s instructions to provide a dry film thickness of not less than 1.5 mils. Use priming methods that result in full coverage of joints, corners, edges, and exposed surfaces.

1. Stripe paint corners, crevices, bolts, welds, and sharp edges.

2. Apply two coats of shop primer to surfaces that are inaccessible after assembly or erection.

2.5 GALVANIZING
A. Hot-Dip Galvanized Finish: Apply zinc coating by hot-dip process to AESS indicated for galvanizing according to ASTM A123/A123M. Fabricate such that all connections of assemblies are made in the field with bolted connections where possible.

2.6 MATERIALS
A. General: Meet requirements of 051200 as amended below.

B. Tension Control, High-Strength Bolts, Nuts, and Washers: Per section 051200, Tension Control Bolts.

Provide standard carbon steel finish rounded bolt heads with twist off bolts; ASTM F3125/F3125M.

2.7 SOURCE QUALITY CONTROL
A. See Section 014000 - Quality Requirements, for additional requirements.

B. Structural Requirements:

1. Comply with quality control requirements per AISC 360, Chapter N and AISC 303, Section 10.

Refer to Section 051200 for additional requirements.

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C. AESS 1 and 2 Acceptance: Architect to observe AESS in the shop at a viewing distance consistent with final installation and determine acceptability based on qualification data and submittals. Quality assurance agency has no responsibility for enforcing requirements related to aesthetic effect.

D. AESS 3,4, and C Acceptance: Architect to observe AESS in the shop at a viewing distance consistent with final installation and determine acceptability based on approved mock-up. Quality assurance agency has no responsibility for enforcing requirements related to aesthetic effect.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Erector to check all AESS members upon delivery for twist, kinks, gouges or other imperfections which may result in rejection of appearance of member. Coordinate remedial action with fabricator prior to erecting steel.

3.2 PREPARATION
A. Provide connections for temporary shoring, bracing and supports only where noted on approved fabrication documents. Temporary connections not shown are to be made at locations not exposed to view in final structure or as approved by Architect.

B. Handle, lift and align pieces using nylon straps or chains with softeners required to maintain appearance of AESS through process of erection.

3.3 ERECTION
A. AESS 1 and 2: Basic elements; feature elements not in close view, beyond 20 feet:

1. Employ special care to handle and erect AESS. Erect finished pieces using nylon straps or chains with softeners such that they are not damaged.

2. Place weld tabs for temporary bracing and safety cabling at points concealed from view in completed structure or where approved by Architect during pre-installation meeting. Obtain Architect approval of methods for removing temporary devices and finishing AESS members prior to erection.

3. AESS Erection Tolerances: Erect to standard frame tolerances for structural steel per Chapter 7 of AISC 303.

4. Set AESS accurately in locations and to elevations indicated and according to AISC 303 and AISC 360.

5. Remove blemishes or unsightly surfaces resulting from temporary braces or fixtures.

6. Remove all backing and run out tabs.

7. When temporary braces or fixtures are required to facilitate erection, take care to avoid any blemishes, holes or unsightly surfaces resulting from use or removal of such temporary elements.

8. Bolted Connections: Align bolt heads on same side of connection as indicated on approved fabrication or erection documents.

9. Welded Connections: Comply with AWS D1.1/D1.1M and Section 051200. Appearance and quality of welds to be consistent. Employ methods that will maintain alignment of members without warp exceeding tolerance of this section.

10. Remove weld spatter exposed to view.

11. Grind off projections larger than 1/16 inch at field butt and plug welds.

12. Continuous Welds: Where continuous welding is noted on drawings, provide continuous welds of a uniform size and profile.

13. Do not enlarge holes in members by burning or by using drift pins. Ream holes that must be enlarged to admit bolts. Replace connection plates that are misaligned where holes cannot be aligned with acceptable final appearance.

14. Splice members only where indicated.

15. Obtain permission for any torch cutting or field fabrication from Architect. Finish sections thermally cut during erection to a surface appearance consistent with mock-up.

B. AESS 3: Feature elements in close view, between 10 and 20 feet:

1. Erect to requirements of AESS 1 and 2 and as follows:

2. Provide a continuous appearance to all welded joints including tack welds. Provide joint filler at intermittent welds.

C. AESS 4: Showcase elements, within 10 feet:

1. Erect to requirements of AESS 3 and as follows:

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2. Grind welds smooth.

3. Minimize Weld Show Through: At locations where welding on far side of an exposed connection creates distortion, grind distortion and marking of steel to a smooth profile with adjacent material.

4. Filling of Weld Access Holes: Where holes must be cut in web at intersection with flanges on W shapes and structural tees to permit field welding of flanges, fill holes with joint filler.

5. Where welds are indicated to be ground, contoured, or blended, oversize welds as required and grind to provide a smooth transition and match profile on approved mock-up.

3.4 FIELD QUALITY CONTROL
A. See Section 014000 - Quality Requirements, for additional requirements.

B. Structural Requirements:

1. Comply with quality control requirements per AISC 360, Chapter N and AISC 303, Section 10.

Refer to Section 051200 for additional requirements.

2. Quality assurance agency to review work for compliance with requirements of AISC 360, Chapter N and AISC 303, Section 10.

C. AESS 1 and 2 Acceptance: Architect to observe AESS in place and determine acceptability based on qualification data and submittals. Quality assurance agency has no responsibility for enforcing requirements related to aesthetic effect.

D. AESS 3,4, and C Acceptance: Architect to observe AESS in place and determine acceptability based on qualification data and submittals as well as on approved mock- up. Quality assurance agency has no responsibility for enforcing requirements related to aesthetic effect.

3.5 CLEANING
A. Touch-up Painting: Complete cleaning and touch-up painting of field welds, bolted connections, and abraded areas of shop paint to blend with adjacent surfaces of AESS. Perform touch-up work in accordance with manufacturer's instructions and as specified in Section 099113, 099123, and 099600.

B. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas. Repair galvanized surfaces in accordance with ASTM A780/A780M.

END OF SECTION
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Cold-Formed Metal Framing
054000 - 1
SECTION 054000

COLD-FORMED METAL FRAMING
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Formed steel stud exterior wall framing.

1.2 REFERENCE STANDARDS
A. ASTM A153/A153M - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware 2023.

B. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy- Coated (Galvannealed) by the Hot-Dip Process 2023.

C. ASTM A1008/A1008M - Standard Specification for Steel, Sheet, Cold-Rolled, Carbon, Structural, High- Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, Required Hardness, Solution Hardened, and Bake Hardenable 2023.

D. ASTM C1007 - Standard Specification for Installation of Load Bearing (Transverse and Axial) Steel Studs and Related Accessories 2020.

E. SSPC-Paint 20 - Zinc-Rich Coating (Type I - Inorganic, and Type II - Organic) 2019.

1.3 ADMINISTRATIVE REQUIREMENTS
A. Coordinate with work of other sections that is to be installed in or adjacent to the metal framing system, including but not limited to structural anchors, cladding anchors, utilities, insulation, and firestopping.

1.4 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Product Data: Provide data on standard framing members; describe materials and finish, product criteria, limitations.

C. Product Data: Provide manufacturer's data on factory-made framing connectors, showing compliance with requirements.

D. Shop Drawings: Indicate component details, framed openings, bearing, anchorage, loading, welds, and type and location of fasteners, and accessories or items required of related work.

1. Indicate stud layout.

2. Describe method for securing studs to tracks and for bolted framing connections.

3. Design data:
a. Shop drawings signed and sealed by a professional structural engineer.

4. Calculations for loadings and stresses of specially fabricated framing, signed and sealed by a professional structural engineer.

5. Details and calculations for factory-made framing connectors, signed and sealed by a professional structural engineer.

E. Manufacturer's Installation Instructions: Indicate special procedures, conditions requiring special attention.

1.5 QUALITY ASSURANCE
A. Designer Qualifications: Design framing system under direct supervision of a Professional Structural Engineer experienced in design of this work and licensed in the State in which the Project is located.

B. Manufacturer Qualifications: Company specializing in manufacturing the types of products specified in this section, and with minimum three years of documented experience.

C. Installer Qualifications: Company specializing in performing the work of this section with minimum three years documented experience.

1.6 MOCK-UP
A. Provide mock-up of exterior framed wall, including components specified elsewhere, such as insulation, sheathing, door frame, and exterior wall finish.

B. Mock-Up Size: As indicated on drawings.

C. Location: As directed.

D. Mock-up may remain as part of the Work.

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PART 2 PRODUCTS

2.1 MANUFACTURERS
A. Metal Framing:

1. CEMCO: www.cemcosteel.com/#sle.

2. ClarkDietrich Building Systems: www.clarkdietrich.com/#sle.

3. Marino: www.marinoware.com/#sle.

4. The Steel Network, Inc: www.SteelNetwork.com/#sle.

5. Substitutions: See Section 016000 - Product Requirements.

B. Framing Connectors and Accessories:

1. Same manufacturer as metal framing.

2. Simpson Strong Tie: www.strongtie.com/#sle.

3. Substitutions: See Section 016000 - Product Requirements.

2.2 FRAMING SYSTEM
A. Provide primary and secondary framing members, bridging, bracing, plates, gussets, clips, fittings, reinforcement, and fastenings as required to provide a complete framing system.

B. Design Requirements: Provide completed framing system having the following characteristics:

1. Design: Calculate structural characteristics of cold-formed steel framing members according to AISI S100-12.

2. Structural Performance: Design, engineer, fabricate, and erect to withstand specified design loads for project conditions within required limits.

3. Design Loads: In accordance with applicable codes.

4. Live load deflection meeting the following, unless otherwise indicated:
a. Exterior Walls: Maximum horizontal deflection under wind load of 1/180 of span. b. Design non-axial loadbearing framing to accommodate not less than 1/2 in vertical deflection.

5. Able to tolerate movement of components without damage, failure of joint seals, undue stress on fasteners, or other detrimental effects when subject to seasonal or cyclic day/night temperature ranges.

6. Able to accommodate construction tolerances, deflection of building structural members, and clearances of intended openings.

C. Shop fabricate framing system to the greatest extent possible.

D. Deliver to site in largest practical sections.

2.3 FRAMING MATERIALS
A. Studs and Track: ASTM C955; studs formed to channel, "C", or "Sigma" shape with punched web; U- shaped track in matching nominal width and compatible height.

1. Gage and Depth: As required to meet specified performance levels.

2. Galvanized in accordance with ASTM A653/A653M, G60/Z180 coating.

3. Provide components fabricated from ASTM A1008/A1008M Designation SS (structural steel).

B. Framing Connectors: Factory-made, formed steel sheet.

1. Material: ASTM A653/A653M SS Grade 33 and 40 (minimum), with G90/Z275 hot dipped galvanized coating for base metal thickness less than 10 gage, 0.1345 inch, and factory punched holes and slots.

2. Structural Performance: Maintain load and movement capacity required by applicable code, when evaluated in accordance with AISI S100-12.

3. Movement Connections: Provide mechanical anchorage devices that accommodate movement using slotted holes, shouldered screws or screws and anti-friction or stepped bushings, while maintaining structural performance of framing. Provide movement connections where indicated on drawings.
a. Where top of stud wall terminates below structural floor or roof, connect studs to structure in manner allowing vertical and horizontal movement of slab without affecting studs; allow for minimum movement of 1/2 inch.
b. Provide top track preassembled with connection devices spaced to fit stud spacing indicated on drawings; minimum track length of 10 feet.

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4. Fixed Connections: Provide non-movement connections for tie-down to foundation, floor-to-floor tie- down, roof-to-wall tie-down, joist hangers, gusset plates, and stiffeners.

5. Wall Stud Bridging Connections: Provide mechanical load-transferring devices that accommodate wind load torsion and weak axis buckling induced by axial compression loads. Provide bridging connections where indicated on the drawings.

2.4 FASTENERS
A. Self-Drilling, Self-Tapping Screws, Bolts, Nuts and Washers: Hot dip galvanized per ASTM A153/A153M.

1. Products:
a. ITW Commercial Construction North America; ITW CCNA-Buildex Teks Select Series:
www.ITWBuildex.com/#sle.
b. Substitutions: See Section 016000 - Product Requirements.

B. Anchorage Devices: Powder actuated and Drilled expansion bolts.

C. Welding: Comply with AWS D1.1/D1.1M.

2.5 ACCESSORIES
A. Bracing, Furring, Bridging: Formed sheet steel, thickness determined for conditions encountered; finish to match framing components.

B. Touch-Up Primer for Galvanized Surfaces: SSPC-Paint 20 Type I - Inorganic, complying with VOC limitations of authorities having jurisdiction.

PART 3 EXECUTION

3.1 EXAMINATION
A. Verify that substrate surfaces are ready to receive work.

B. Verify field measurements and adjust installation as required.

3.2 INSTALLATION OF STUDS
A. Install components in accordance with manufacturers' instructions and ASTM C1007 requirements.

B. Align floor and ceiling tracks; locate to wall layout. Secure in place with fasteners at maximum 24 inches on center. Coordinate installation of sealant with floor and ceiling tracks.

C. Place studs at 16 inches on center; not more than 2 inches from abutting walls and at each side of openings. Connect studs to tracks using clip and tie method.

D. Construct corners using minimum of three studs. Install double studs at wall openings, door and window jambs.

E. Coordinate placement of insulation in multiple stud spaces made inaccessible after erection.

F. Install intermediate studs above and below openings to align with wall stud spacing.

G. Provide deflection allowance in stud track, directly below horizontal building framing at non-load bearing framing.

H. Attach cross studs to studs for attachment of fixtures anchored to walls.

I. Install framing between studs for attachment of mechanical and electrical items, and to prevent stud rotation.

J. Touch-up field welds and damaged galvanized surfaces with primer.

3.3 TOLERANCES
A. Maximum Variation from True Position: 1/4 inch.

B. Maximum Variation of any Member from Plane: 1/4 inch.

END OF SECTION
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Metal Fabrications
055000 - 1
SECTION 055000

METAL FABRICATIONS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Shop fabricated steel items.

1.2 REFERENCE STANDARDS
A. ASTM A36/A36M - Standard Specification for Carbon Structural Steel 2019.

B. ASTM A53/A53M - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless 2022.

C. ASTM A123/A123M - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products 2017.

D. ASTM A283/A283M - Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates 2018.

E. ASTM A307 - Standard Specification for Carbon Steel Bolts, Studs, and Threaded Rod 60 000 PSI Tensile Strength 2021.

F. ASTM A501/A501M - Standard Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing 2021.

G. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy- Coated (Galvannealed) by the Hot-Dip Process 2023.

H. ASTM A1011/A1011M - Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, and Ultra-High Strength 2023.

I. ASTM B221 - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes 2021.

J. ASTM B221M - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes (Metric) 2021.

K. AWS A2.4 - Standard Symbols for Welding, Brazing, and Nondestructive Examination 2020.

L. AWS D1.1/D1.1M - Structural Welding Code - Steel 2020, with Errata (2023).

M. IAS AC172 - Accreditation Criteria for Fabricator Inspection Programs for Structural Steel AC172 2019.

N. SSPC-Paint 15 - Steel Joist Shop Primer/Metal Building Primer 2004.

O. SSPC-Paint 20 - Zinc-Rich Coating (Type I - Inorganic, and Type II - Organic) 2019.

P. SSPC-SP 2 - Hand Tool Cleaning 2018.

1.3 SUBMITTALS
A. See Section 013000 - Administrative Requirements, for submittal procedures.

B. Shop Drawings: Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners, and accessories. Include erection drawings, elevations, and details where applicable.

1. Indicate welded connections using standard AWS A2.4 welding symbols. Indicate net weld lengths.

C. Welders' Certificates: Submit certification for welders employed on the project, verifying AWS qualification within the previous 12 months.

D. Fabricator's Qualification Statement: Provide documentation showing steel fabricator is accredited under IAS AC172.

1.4 QUALITY ASSURANCE
A. Design load bearing members under direct supervision of a Professional Structural Engineer experienced in design of this Work and licensed in the State in which the Project is located.

B. Fabricator Qualifications: A qualified steel fabricator that is accredited by IAS AC172.

PART 2 PRODUCTS

2.1 MATERIALS - STEEL
A. Steel Sections: ASTM A36/A36M.

B. Steel Tubing: ASTM A501/A501M hot-formed structural tubing.

C. Plates: ASTM A283/A283M.

D. Pipe: ASTM A53/A53M, Grade B Schedule 40, black finish.

E. Slotted Channel Framing: ASTM A653/A653M, Grade 33.

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F. Slotted Channel Fittings: ASTM A1011/A1011M.

G. Bolts, Nuts, and Washers: ASTM A307, Grade A, plain.

H. Welding Materials: AWS D1.1/D1.1M; type required for materials being welded.

I. Shop and Touch-Up Primer: SSPC-Paint 15, complying with VOC limitations of authorities having jurisdiction.

J. Touch-Up Primer for Galvanized Surfaces: SSPC-Paint 20, Type I - Inorganic, complying with VOC limitations of authorities having jurisdiction.

2.2 MATERIALS - ALUMINUM
A. Extruded Aluminum: ASTM B221 (ASTM B221M), 6063 alloy, T6 temper.

2.3 FABRICATION
A. Fit and shop assemble items in largest practical sections, for delivery to site.

B. Fabricate items with joints tightly fitted and secured.

C. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius.

D. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; unobtrusively located; consistent with design of component, except where specifically noted otherwise.

E. Supply components required for anchorage of fabrications. Fabricate anchors and related components of same material and finish as fabrication, except where specifically noted otherwise.

2.4 FABRICATED ITEMS
A. Ladders: Steel; in compliance with ANSI A14.3; with mounting brackets and attachments; prime paint finish.

1. Side Rails: 3/8 x 2 inches members spaced at 20 inches.

2. Rungs: one inch diameter solid round bar spaced 12 inches on center.

3. Space rungs 7 inches from wall surface.

B. Bollards: Steel pipe, concrete filled, crowned cap, as detailed; prime paint finish.

C. Joist Hangers: Strap anchors, fabricated with sheet steel, 18 gage, 0.0478 inch minimum base metal thickness; galvanized finish.

D. Lintels: As detailed; galvanized finish.

E. Slotted Channel Framing: Fabricate channels and fittings from structural steel complying with the referenced standards; factory-applied, rust-inhibiting thermoset acrylic enamel finish.

2.5 FINISHES - STEEL
A. Prime paint steel items.

1. Exceptions: Galvanize items to be embedded in concrete, items to be embedded in masonry, and items exposed to exterior.

B. Prepare surfaces to be primed in accordance with SSPC-SP2.

C. Clean surfaces of rust, scale, grease, and foreign matter prior to finishing.

D. Prime Painting: One coat.

E. Galvanizing of Structural Steel Members: Galvanize after fabrication to ASTM A123/A123M requirements.

Provide minimum 1.7 oz/sq ft galvanized coating.

F. Galvanizing of Non-structural Items: Galvanize after fabrication to ASTM A123/A123M requirements.

2.6 FABRICATION TOLERANCES
A. Squareness: 1/8 inch maximum difference in diagonal measurements.

B. Maximum Offset Between Faces: 1/16 inch.

C. Maximum Misalignment of Adjacent Members: 1/16 inch.

D. Maximum Bow: 1/8 inch in 48 inches.

E. Maximum Deviation From Plane: 1/16 inch in 48 inches.

PART 3 EXECUTION

3.1 EXAMINATION
A. Verify that field conditions are acceptable and are ready to receive work.

3.2 PREPARATION
A. Clean and strip primed steel items to bare metal where site welding is required.

B. Supply setting templates to the appropriate entities for steel items required to be cast into concrete or embedded in masonry.

Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Metal Fabrications
055000 - 3

3.3 INSTALLATION
A. Install items plumb and level, accurately fitted, free from distortion or defects.

B. Provide for erection loads, and for sufficient temporary bracing to maintain true alignment until completion of erection and installation of permanent attachments.

C. Field weld components as indicated on drawings.

D. Perform field welding in accordance with AWS D1.1/D1.1M.

E. Obtain approval prior to site cutting or making adjustments not scheduled.

F. After erection, prime welds, abrasions, and surfaces not shop primed , except surfaces to be in contact with concrete.

3.4 TOLERANCES
A. Maximum Variation From Plumb: 1/4 inch per story, non-cumulative.

B. Maximum Offset From True Alignment: 1/4 inch.

C. Maximum Out-of-Position: 1/4 inch.

END OF SECTION
Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Translucent Resin Panels
060600
- 1
SECTION 06 06 60

TRANSLUCENT RESIN PANELS
PART 1 - GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification sections, apply to this Section.

1.2 SUMMARY
A. This Section includes the Plastic Fabrication as shown and specified in the described system(s):

1. Cabinet fronts

1.3 SUBMITTALS
A. General: Submit the following in accordance wit h conditions of contact and Division 1 specification section 01 33 00 “Submittal Procedures”.

B. Product Data: Submit manufacturer’s product dat a; include product description, fabrication information, and compliance with specified performance requirements.

C. Submit product test reports from a qualified ind ependent 3 rd party testing agency indicating each type and
class of panel system complies with the project performance requirements, based on comprehensive testing of current products. Previously completed test reports will be acceptable if for current manufacturer and indicative of products used on this project.

1. Test reports required are:
a. Rate of Burning (ASTM D 635)
b. Self-Ignition Temperature (ASTM D 1929)
c. Density of Smoke (ASTM D 2843)
d. Flame Spread and Smoke Developed testing (ASTM E 84) e. Room Corner Burn Test (NFPA 286)
f. Extent of Burning (UL 94)
g. Impact strength (ASTM D 3763)
h. Safety glazing impact resistance (ANSI Z97.1-200 4)
i. UPITT Test for Combustion Product Toxicity
j. Passes NFPA 269/ASTM1678 for Combustion Product Toxicity k. Dynamic environmental testing (ASTM standards D 5116 or D 6670) l. UL Yellowcard
D. Building Approvals: Plastic Fabrications are to have been evaluated and must be registered with and comply to requirements of the following jurisdictions:

1. Los Angeles Department of Building and Safety (P roduct must have a LARR [Los Angeles Research Report] number) for use as Light-transmitting Panels

2. ICC-ES Report for Light Transmitting Plastics an d Interior Finishes E. Shop Drawings: Include plans, elevations, secti ons, panel dimensions, details, and attachments to other work.

F. Samples for Initial Selection:

1. Submit minimum 2-inch by 2-inch samples. Indica te full color, texture and pattern variation.

G. Samples for Verification:

1. Submit minimum 4-inch by 4-inch sample for each type, texture, pattern and color of solid plastic fabrication.

H. Mockups:

Victorville Green Tree Library 12 / 08 / 23
TRD Job Number 21-067 Bid Set
Translucent Resin Panels
060600
- 2

1. Build mockups to verify selections made under sam ple Submittals and to demonstrate aesthetic effects.

2. Build mockup of [ each type of] Plastic Fabrication.

3. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion.

I. Maintenance Data: Submit manufacturer’s care and maintenance data, including care, repair and cleaning instructions. Include in Project closeout documents.

1.4 QUALITY ASSURANCE
A. Manufacturers Qualifications

1. Materials and systems shall be manufactured by a company continuously and regularly employed in the manufacture of specified materials for a period of at least five (5) consecutive years and which can show evidence of those materials being satisfactorily used on at least six (6) projects of similar size, scope and location. At least three (3) of the projects shall have been successful for use five (5) years or longer.

2. Manufactured panels must be produced from a minimum of 40% pre-consumer recycle content.

This recycle content must be certified by a recognized 3 rd party certification group, such as
Scientific Certification Systems (SCS).

3. Completely PVC – Free product

4. Manufacturer must offer a documented reclaim process that will take back, at the manufacturers cost, panels that are at their end-of life cycle. Return process is preceded by following requirements highlighted in Section 02 42 00 Removal and Salvage of Construction Materials.

5. Manufacturer must have a 3
rd party completed Life Cycle Analysis

6. Manufacturer must have an Environmental Product Declaration (EPD).

1.5 DELIVERY, STORAGE, AND HANDLING
A. Deliver Plastic Fabrications, systems and specified items in manufacturer’s standard protective packaging.

B. Do not deliver Plastic Fabrications, system, components and accessories to Project site until areas are ready for installation.

C. Store materials in a flat orientation in a dry place that is not exposed to exterior elements.

D. Handle materials to prevent damage to finished surfaces. Provide protective coverings to prevent damage or staining following installation for duration of project.

E. Before installing Plastic Fabrications, permit them to reach room temperature.

1.6 PROJECT CONDITIONS
A. Environmental Limitations: Do not install Solid Polymer Fabrications until spaces are enclosed and weatherproof, and ambient temperatures and humidity conditions are maintained at the levels indicated for Project when occupied for its intended use.

Victorville City CouncilFebruary 4, 2025

Victorville City Council
February 4, 2025