Agenda packet — Victorville City Council, July 19, 2022 (part 5 of 8)

APN TRACT LAND USE EBU MAXIMUM

ASSESSMENT CHARGE
City of Victorville
Landscape Maintenance Assessment District No. 8 (West Creek) Fiscal Year 2022/2023
Preliminary Assessment Roll
(Sorted By APN)
3104-741-21-0000 17135 SFR 1.00 179.52 165.32
3104-741-22-0000 17135 SFR 1.00 179.52 165.32
3104-741-23-0000 17135 SFR 1.00 179.52 165.32
3104-741-24-0000 17135 SFR 1.00 179.52 165.32
3104-741-25-0000 17135 SFR 1.00 179.52 165.32
3104-741-26-0000 17135 SFR 1.00 179.52 165.32
3104-741-27-0000 17135 SFR 1.00 179.52 165.32
3104-741-28-0000 17135 SFR 1.00 179.52 165.32
3104-741-29-0000 17135 SFR 1.00 179.52 165.32
3104-741-30-0000 17135 SFR 1.00 179.52 165.32
3104-741-31-0000 17135 SFR 1.00 179.52 165.32
3104-741-32-0000 17135 SFR 1.00 179.52 165.32
3104-741-33-0000 17135 SFR 1.00 179.52 165.32
3104-741-34-0000 17135 SFR 1.00 179.52 165.32
3104-741-35-0000 17135 SFR 1.00 179.52 165.32
3104-741-36-0000 17135 SFR 1.00 179.52 165.32
3104-741-37-0000 17135 SFR 1.00 179.52 165.32
3104-741-38-0000 17135 SFR 1.00 179.52 165.32
3104-741-39-0000 17135 SFR 1.00 179.52 165.32
3104-741-40-0000 17135 SFR 1.00 179.52 165.32
3104-741-41-0000 17135 SFR 1.00 179.52 165.32
3104-741-42-0000 17135 SFR 1.00 179.52 165.32
3104-741-43-0000 17135 SFR 1.00 179.52 165.32
3104-741-44-0000 17135 SFR 1.00 179.52 165.32
3104-741-45-0000 17135 SFR 1.00 179.52 165.32
3104-741-46-0000 17135 SFR 1.00 179.52 165.32
3104-741-47-0000 17135 SFR 1.00 179.52 165.32
3104-741-48-0000 17135 SFR 1.00 179.52 165.32
3104-741-49-0000 17135 SFR 1.00 179.52 165.32
3104-741-50-0000 17135 SFR 1.00 179.52 165.32
3104-741-51-0000 17135 SFR 1.00 179.52 165.32
3104-741-52-0000 17135 SFR 1.00 179.52 165.32
3104-741-53-0000 17135 SFR 1.00 179.52 165.32
3104-741-54-0000 17135 SFR 1.00 179.52 165.32
3104-741-55-0000 17135 SFR 1.00 179.52 165.32
3104-741-56-0000 17135 SFR 1.00 179.52 165.32
3104-741-57-0000 17135 SFR 1.00 179.52 165.32
3104-741-58-0000 17135 SFR 1.00 179.52 165.32
3104-741-59-0000 17135 SFR 1.00 179.52 165.32
3104-741-60-0000 17135 SFR 1.00 179.52 165.32
3104-741-61-0000 17135 SFR 1.00 179.52 165.32
3104-741-62-0000 17135 SFR 1.00 179.52 165.32
3104-741-63-0000 17135 SFR 1.00 179.52 165.32
Total 1,495.00 $120,746.36 $111,260.76
Parcel Count 1,495
Charged Parcels 1,495
Willdan Financial Services 23 of 23
982

City of Victorville

Engineer’s Report
City-Wide Street Lighting
Assessment District

2 022/2023 ENGINEER’S REPORT

Intent Meeting: J uly 19, 2022
Public Hearing: August 2, 2022

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510

www.willdan.com
983

ANNUAL PRELIMINARY ENGINEER'S REPORT AFFIDAVIT

City-Wide Street Lighting Assessment District

City of Victorville
S
an Bernardino County, State of California

T
his Report describes City-Wide Street Lighting Assessment District therein including the improvements, budgets, parcels, and proposed assessments to be levied for fiscal year 2022/2023, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Victorville City Council.

D
ated this ______ day of____________, 2022.

By: _____________________________
Brian Gengler, City Engineer
R.C.E No. 44730

By: ________________________________ By: ____________________________ Michelle Laase Tyrone Peter, PE # C81888
Willdan Financial Services Willdan Financial Services Project Manager Assessment Engineer

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____day of________, 2022.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the City Council of the City of Victorville, California, on the _____day of________, 2022.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California
984

TABLE OF CONTENTS

I. O VERVIEW ........................................................................................................................ 1 A. INTRODUCTION ............................................................................................................. 1 B. HISTORICAL BACKGROUND ........................................................................................ 2 II. PLANS AND SPECIFICATIONS ........................................................................................ 3 A. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ..................................................... 3 B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED ............... 3 III. ESTIMATE OF COSTS ................................................................................................... 6 IV. METHOD OF ASSESSMENT ......................................................................................... 7 A. BACKGROUND ............................................................................................................... 7 B. SPECIAL BENEFIT ANALYSIS ....................................................................................... 7 C. GENERAL BENEFIT ANALYSIS ..................................................................................... 8 D. EQUIVALENT BENEFIT UNITS ....................................................................................... 9 E. ASSESSMENT RANGE FORMULA ...............................................................................10 V. DISTRICT BUDGET ..........................................................................................................11 VI. DISTRICT BOUNDARY MAP ........................................................................................12 VII. DISTRICT ASSESSMENT ROLL ...................................................................................13

985

2022/2023 C ity-Wide Street Lighting Assessment District Page 1 I. OVERVIEW
A. INTRODUCTION
The City of Victorville (City) City-Wide Street Light ing Assessment District (SLAD or District) annually levies and collects special assessments in order to maintain streetlight improvements. These improvements are located within the SLAD and established pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).

This Engineer’s Report (Report) describes the SLAD therein, any changes to the District, and the proposed assessments for Fiscal Year 2022/2023. The proposed assessments presented in this Report are based on the historical and estimated costs to maintain the improvements that provide special benefits to properties within the District. The costs of improvements and the annual levy include the expenditures, deficits, surpluses, revenues, and reserves associated with those improvements. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives benefits.

The report is prepared in compliance with the requirements of Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972, (hereinafter referred to as the “Act”) which is Part 2, Division 15 of the California Streets and Highways Code.

This Report, certified by a licensed civil engineer, details the District, and includes plans and specifications of the improvements; an estimate of the costs of the improvements, including maintenance and servicing; a diagram, i.e., maps of the District showing the boundary of the District, the parcels or lots which benefit, and an estimate of costs of the improvements, maintenance, and servicing. Once the Report is completed, it is presented to the Victorville City Council (City Council), acting as the legislative body for the District, for its review. The City Council may approve the Report as presented or may order amendments to the Report and approve the Report as modified.

After the initial approval of the preliminary Report, the City Council shall adopt the Resolution of Intention which declares its intent to levy and collect assessments within the District , which includes a description of the improvements, the maintenance and servicing of those improvements, refers to the assessment District by their distinctive designations, may refer to the Report for the details of the District , and sets the time and place for a public hearing on the levy of the proposed annual assessments.

At the public hearing, the City Council will consider any public testimony in favor and/or opposing the assessments to fund the continued maintenance and servicing of the improvements. In conjunction with this hearing, any new or increased assessments over the approved maximum assessment rate will require confirmation of the assessments through a property owner protest ballot proceeding pursuant to the provisions of the California Constitution Article XIII D (Proposition 218.) For Fiscal Year 2022/2023 the rate is not proposed to increase over the approved maximum assessment rate.

Following final approval of the Report and confirmation of the assessments, the City Council may order the levy and collection of assessments for Fiscal Year 2022/2023 pursuant to the 1972 Act. In such case, the assessment information will be submitted to 986

2022/2023 C ity-Wide Street Lighting Assessment District Page 2 the County Auditor-Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2022/2023.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the County of San Bernardino (County) Assessor’s Office. The County Auditor-Controller uses APNs and specific Fund Numbers to identify properties on the tax roll assessed for special District benefit assessments.

B. HISTORICAL BACKGROUND
The District was formed to provide funding for the ma
intenance of street lighting within the
District boundaries. Resolution 13-012, approved by the City Council on May 28, 2013, provided the noticing and balloting requirements along with the Engineer’s Report, in accordance with Article XIII D of the California State Constitution (Proposition 218). After the ballots were tabulated, the City Council found that a majority protest did not exist. The City Council then adopted Resolution 13-013 on July 23, 2013, forming the District.

987

2022/2023 C ity-Wide Street Lighting Assessment District Page 3 II. PLANS AND SPECIFICATIONS
A. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or construction of public lighting facilities.  The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing lighting improvement otherwise authorized pursuant to this section.
 Incidental expenses associated with the lighting improvements include, but are not limited to:
o The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
o The costs of printing, advertising, and the publishing, posting, and mailing of notices;
o Compensation payable to the County for collection of assessments; o Compensation of any engineer or attorney employed to render services; o Any other expenses incidental to the construction, installation, or maintenance and servicing of the lighting improvements;
o Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
o Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including the repair, removal, or replacement of all or any part of any lighting improvement.

B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND S

ERVICED
The City-Wide Street Lighting Assessment District was established to collect funds to cover the expenses for energy and maintenance of streetlights in the City. The majority of the costs are billed by the Southern California Edison Company. The services to be provided in the District consist of all aspects of the administration, construction, operation, maintenance, rehabilitation, replacement, and servicing of the street lighting, traffic signals, and appurtenant facilities, including but not limited to personnel, contractual services, energy, utilities (such as water), graffiti removal, construction activities (such as grading, concrete, pavement, etc.), installation of new systems and facilities, operation, maintenance, rehabilitation, and servicing of the facilities described herein.

The improvements to be provided in the District include, but are not limited to; poles, fixtures, bulbs, conduits, miscellaneous equipment, including but not limited to; wiring, electricians, anchors, posts and pedestals, metering devices, controllers, and 988

2022/2023 C ity-Wide Street Lighting Assessment District Page 4 appurtenant facilities as required to provide street lighting and safety lighting located within the public rights-of-ways, easements, and signaled intersections which have been constructed and those which may be subsequently constructed within the District boundaries.

There are approximate 7036 Streetlights in the SLAD as identified below:

 Streetlights that are owned by Southern California Edison (SCE) 6,567  Streetlights that are City-owned and maintained 19
 Streetlights are owned and maintained by Victorville Municipal Utility Services (VMUS) 70
 Safety streetlights 380

Traffic Signals-132 Total

A. City of Victorville owned and Maintained – 78

989

2022/2023 C ity-Wide Street Lighting Assessment District Page 5 B. City of Victorville owned and Maintained – 17

C. Cal Trans owned and maintained (City Pays Electricity Costs.) – 37

990

2022/2023 C ity-Wide Street Lighting Assessment District Page 6 III. ESTIMATE OF COSTS
The Act provides that the estimated costs of the improvements shall include the total cost of the improvements for Fiscal Year 2022/2023, including incidentals, which may include reserves to operate the District until first installment funds are transferred to the City from the County.

The Act also provides that the amount of any surplus, deficit or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within each district is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

Estimated costs of improvements for the SLAD are as identified below:

991

2022/2023 C ity-Wide Street Lighting Assessment District Page 7 IV. METHOD OF ASSESSMENT
A. BACKGROUND
The Landscaping and Lighting Act of 1972 provides tha t assessments may be apportioned upon all assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, Proposition 218 requires that a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Proposition 218 provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over, and above general benefits conferred on the public at large, including real property within the District. The general enhancement of property value does not constitute a special benefit.

B. SPECIAL BENEFIT ANALYSIS
Proper operation and maintenance of the street light i
ng, traffic signals and parking lot
lighting of the Park-N-Rides benefit all properties within the City by providing security, safety, community character, and vitality.

Street Lighting: All properties within the City receive special and direct benefit from the street lighting that is located along arterials and major thoroughfares as they provide a positive enhancement to the City. In addition, all lots, or parcels, in the City receive a city- wide benefit from the street lighting along arterials and thoroughfares. Parcels that front on streets that have street lighting receive an additional local benefit from street lighting.

The special benefit assigned for streetlights on arterial roads is 25%. The special benefit assigned for streetlights on local (non-arterial) roads is 100%. It is estimated that 25% of the arterial road users are locals and use those roads when the streetlights are on, enjoying the special benefit. Benefits of street lighting in terms of security & safety includes; mitigates crime; alleviates the fear of crime; reduces traffic accidents; and enhances pedestrian safety. Community character and vitality benefits includes; promotes social interaction; promotes business and industry; contributes to a positive nighttime visual image; and areas with decorative lighting provide a pleasing daytime appearance.

The benefit provided by streetlighting consists of safety for pedestrians and motorists living and owning property in the District during the nighttime hours. This is a particular and distinct special benefit to all developed parcels in the District.

Streetlights can be determined to be an integral part of streets as a permanent public improvement. One of the principal purposes of fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the facility. These factors, if attained, combine to improve traffic safety, and achieve efficient traffic movement. Fixed lighting can enable the motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.

Streets are constructed for the safe and convenient travel by vehicles and pedestrians.

They also provide an area for underground and overhead utilities. Streetlights are installed on and are for street purposes and are maintained and serviced for optimum use of the 992

2022/2023 C ity-Wide Street Lighting Assessment District Page 8 streets as intended in their design. Assessments for the maintenance and servicing of streets may include streetlights.

Streetlights are considered an integral part of the entire street, the same as curb, gutters, pavement, signage, and striping. They are the elements that provide a safe route for motorists and pedestrians. Streetlights are installed to make streets safer.

Streetlights are installed to provide better visibility for drivers. One hundred (100) percent of the illumination from the lights is directed to the street: ninety (90) percent on the street side of the curb and ten (10) percent behind the curb. The spacing of the lights is based on the speed of the vehicles and the natural ability of the motorists’ eyes to adjust to light and dark areas.

Traffic Signals: All properties within the City benefit from the proper functioning and maintenance of the traffic signal system which is located within the City on major thoroughfares. Proper operation of the traffic signal system is imperative to orderly traffic flow, enhanced congestion management and safety, and minimizing the City’s liability with regards to traffic accidents. Traffic signals increase the desirability of a community by promoting enhanced traffic flow and enhanced safety to business and residential properties. The special benefit assigned for traffic signals is 50%. It is estimated that 50% of the users of a traffic signal are from the local area and enjoy a special benefit. Benefits of traffic signals in terms of security and safety includes, enhanced congestion management and safety, promotion of enhanced traffic flow through signal coordination, reduces City’s liability to traffic accidents, assists with meeting the State of California’s emissions standards, improves emergency response times by signal pre-emption.

Community character and vitality benefits includes; orderly traffic flow; promotes business and industry; and contributes to a positive nighttime visual image.

The systems of streets within the District are established to provide access to each parcel in the District. Streetlights and Traffic Signals provide a safer street environment for owners of the parcels served. If the parcels were not subdivided to individual parcels within the District, there would be no need for providing a system of streets with safety lighting for the owners of the individual parcels.

C. GENERAL BENEFIT ANALYSIS
In addition to the special benefits received by the p
arcels within the District, there are
incidental general benefits conferred by the improvements.

The Ad Valorem Tax received each year for street lighting from the County funds the operation and maintenance of the lighting systems of parcels that receive only a general benefit. Although there is a special benefit component to arterial street lighting and traffic signals the costs are fully funded by ad valorem taxes and the City’s general fund as identified in the annual budget.

Thus, the total benefits are a combination of the special benefits to the parcels within the District and the general benefits to the public at large. The portion of the total streetlight maintenance costs which are associated with general benefits are not assessed to the parcels in the district but are paid from the funds identified above. The contribution from 993

2022/2023 C ity-Wide Street Lighting Assessment District Page 9 ad valorem and general fund are more than adequate offsetting any general benefit element for street lighting and traffic signals.

D. EQUIVALENT BENEFIT UNITS
In order to allocate benefit fairly between the parce
ls, an Equivalent Benefit Unit (EBU)
methodology, which equates all land uses to a single-family residential parcel, thereby allowing a uniform method of assessment.

The EBU method uses the single-family home as the basic unit of apportionment. A single family residential (“SFR”) home equals one Equivalent Benefit Unit (EBU). Every other land use is converted to EBU’s as described below. All properties in the District will be assigned benefit units and land use classifications per the County Assessor’s roll. (Inaccuracies in the County data will be reviewed on a case-by-case basis as they are brought to the City’s attention.)
A methodology has been developed to calculate the EBU’s for other residential land uses and for non-residential parcels. Every land use is converted to EBU’s. “Remote” is defined as a parcel, or lot, not adjacent to a paved street that may or may not be fully improved with curb or gutter.

The following table identifies the weighting factors for various land uses as reported by the most current year’s San Bernardino County Assessor’s Secured Roll, which determines each parcel’s EBU assignment:

994

2022/2023 C ity-Wide Street Lighting Assessment District Page 10 E. ASSESSMENT RANGE FORMULA
Over time, the District’s budget may be impacted by i nflation. In an effort to minimize this impact on the District and ensure the long life of the street lighting improvements, an Assessment Range Formula for inflation was included as part of the Maximum Assessment Rate presented to property owners when the District was formed. The formula, as described herein, provides for an annual inflationary adjustment to the Maximum Assessment Rate that may be imposed each year without requiring the extensive procedure and cost of balloting for normal operational cost increases. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to the assessment amounts without requiring costly noticing, mailing, and ballot procedures, which would further increase the assessments.

Consumer Price Index: For administrative costs, the Consumer Price Index (CPI), as developed by U.S. Bureau of Labor Statistics (BLS), is used to calculate the annual inflationary adjustment to the Maximum Assessment Rate. Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change in the CPI is generally established based on the percentage change from January to January as determined by the BLS for urban consumers for the Riverside-San Bernardino- Ontario Areas. This percentage difference shall then be used to establish the increase to the Maximum Assessment Rate proportionate to the non-electric power portion of the budgeted expenses. Should the BLS revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system. For Fiscal Year 2022/2023, the percentage difference from January 2021 to January 2022 is 8.59%.

Historical CPI changes are listed below:

California Public Utility Commission (CPUC): For electrical power costs that make up the majority of the Operation and Maintenance costs of the District, the base assessment rate levied for each EBU may be increased as authorized by resolution of the CPUC for the cost of supplying power only to the City’s lighting systems and facilities. On August 19, 2021 CPUC approved Southern California Edison’s General Rate Case, resulting in a

7.63% increase.

995

2022/2023 C ity-Wide Street Lighting Assessment District Page 11 V. DISTRICT BUDGET

(1) Budgeted SLAD assessment revenue and the calculated levy amount differ due to projected delinquencies in the District.

996

2022/2023 C ity-Wide Street Lighting Assessment District Page 12 VI. DISTRICT BOUNDARY MAP

997

2022/2023 C ity-Wide Street Lighting Assessment District Page 13 VII. DISTRICT ASSESSMENT ROLL
The proposed assessments for each parcel within the District will be submitted to the County Auditor/Controller to be included on the property tax roll for Fiscal Year 2022/2023. If any parcel listed herein for collection is identified by the County Auditor/Controller to be an invalid parcel number for the Fiscal Year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be recalculated based on the method of apportionment and assessment rates as approved herein.

Due to size limitations the Preliminary Assessment Roll has been provided under separate cover.
998
Attachment C
Resolution No. 22-074
999
RESOLUTION NO. 22-074

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE MAINTENANCE ASSESSMENT DISTRICTS
NOS. 1, 2, AND 3, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY

OF ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2022/2023, PURSUANT TO THE PROVISIONS OF THE LANDSCAPE
AND LIGHTING ACT OF 1972 (CALIFORNIA STREETS AND
HIGHWAYS CODE SECTION 22500 ET SEQ.)
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”) to provide for the continued maintenance, operation, and servicing of the public landscaping improvements installed within the boundaries of Maintenance Assessment Districts Nos. 1, 2, and 3, (hereinafter the “Districts”); and
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the Districts pursuant to the provisions of the Act that provide for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping and lighting improvements and facilities related thereto; and
WHEREAS, the Act provides for the annual preparation of an Engineer’s Report and the confirmation of the levy of assessments upon the lots and parcels of land within the Districts (hereinafter the “Properties”) to pay for the for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that will provide special benefits to the Properties pursuant to the Act and the provisions of California Constitution Article XIIID (hereinafter the “California Constitution”); and
WHEREAS, pursuant to the Act and the California Constitution, the City Council desires to initiate proceedings for the annual levy of assessments on the Properties within the boundaries of the individual Districts for Fiscal Year 2022/2023 (commencing July 1, 2022, and ending June 30, 2023) to pay for the operation, maintenance, and servicing of local landscaping improvements, and appurtenant facilities installed therein that provide special benefits to the Properties; and
WHEREAS, the City has retained Willdan Financial Services as the Engineer of Work, for the purpose of assisting with the preparation of the annual Consolidated Engineer’s Report (hereinafter the “Report”) to be filed with the City Clerk in accordance with Chapter 4, Article 2 of the Act and the applicable provisions of the California Constitution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1000
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Initiate Proceedings.

That the City Council hereby initiates proceedings in accordance with the provisions of the Act, the California Constitution, and Government Code section 53750 53750 et seq. for the Fiscal Year 2022/2023 annual assessments proposed to be levied and collected for the expenses necessary for the maintenance and operation of the improvements located within each District.

Section 3. The Improvements.

That the proposed improvements and services to be provided and for which the Properties within each District shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the lighting and landscaping improvements within the District parks, public right-of-ways, open spaces, or easements that shall be maintained by the City for the special benefit of the properties therein. The Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.

Section 4. Designation of Engineer; Engineer’s Report.

That the City Council hereby orders the Engineer of Work to prepare and file with the City Clerk a Report concerning the proposed levy of special benefit assessments for the properties within the boundaries of the Districts for the Fiscal Year 2022/2023, in accordance with Chapter 3 Section 22622 of the Act. Said Report shall establish the budget of anticipated expenses and the resulting proposed assessment pursuant to the provisions of the Act and the California Constitution.

Section 5. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 6. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1001
Attachment D
Resolution No. 22-075
1002
RESOLUTION NO. 22-075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE MAINTENANCE ASSESSMENT DISTRICTS
NOS. 1, 2, AND 3, PRELIMINARILY APPROVING THE CONSOLIDATED ENGINEER’S REPORT FILED IN SUPPORT OF THE LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2022/2023 PURSUANT TO THE
PROVISIONS OF THE LANDSCAPE AND LIGHTING ACT OF 1972
(CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 22500 ET
SEQ.)
WHEREAS, the City Council of the City of Victorville (the “City Council”) previously adopted a Resolution initiating the proceedings for the annual levy of assessments on lots and parcels of land within Maintenance Assessment Districts Nos. 1, 2, and 3, (hereinafter the “Districts”) to provide for the continued maintenance, operation, and servicing of certain lighting and landscape improvements within the Districts; and WHEREAS, in accordance with the applicable provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code section 53750 et seq., the Engineer of Work has prepared and filed a Consolidated Engineer’s Report (hereinafter the “Report”) with the City Clerk relating to the annual assessments, which is now being submitted to the City Council for consideration and preliminary approval.

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

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Contents of Engineer’s Report.

That the Report presented to for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the applicable Cost Inflator formulas that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in the Districts; and 1003
c. The Estimate of Costs for providing the improvements and services, and the current maximum assessment rate for properties in each District; and d. An Assessment Diagram (Boundary Map); and
e. An Assessment Roll containing the assessments to be levied for each Assessors’ Parcel Number (APN) within each District in accordance with the Estimate of Costs for each District.

Section 3. Approval of Engineer’s Report.

That the Report presented, together with this Resolution, is hereby approved on a preliminary basis, as submitted, or amended by direction of the City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 4. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 5. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1004
Attachment E
Resolution No. 22-076
1005
RESOLUTION NO. 22-076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE MAINTENANCE ASSESSMENT DISTRICTS
NOS. 1, 2, AND 3, DECLARING ITS INTENTION TO LEVY ANNUAL

ASSESSMENTS ON PARCELS WITHIN MAINTENANCE ASSESSMENT
DISTRICTS NOS. 1, 2, AND 3 FOR FISCAL YEAR 2022/2023, AND

SETTING A PUBLIC HEARING ON THE PROPOSED ASSESSMENTS,

PURSUANT TO THE PROVISIONS OF LANDSCAPE AND LIGHTING
ACT OF 1972 (CALIFORNIA STREETS AND HIGHWAYS CODE,
SECTION 22500 ET. SEQ.)
WHEREAS, the City Council of the City of Victorville (hereinafter the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter the “Act”), did initiate proceedings for the proposed levy and collection of annual special benefit assessments on the lots and parcels of land (hereinafter the “Properties”) within Maintenance Assessment Districts Nos. 1, 2, and 3 (hereinafter the “Districts”) for Fiscal Year 2022/2023; and
WHEREAS, the City Council desires to levy and collect annual assessments against the Properties within said Districts to pay for the costs and expenses related to the maintenance, servicing, and operation of landscape improvements that provide special benefits to the Properties as authorized by the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and WHEREAS, Willdan Financial Services, as the designated Engineer of Work, has prepared and filed with the City Clerk a Consolidated Engineer’s Report (hereinafter the “Report”) in connection with the proposed levy of assessments in the Districts for Fiscal Year 2022/2023 (said fiscal year beginning July 1, 2022 and ending June 30, 2023) in accordance with the Act and the California Constitution; and said Report has been presented to and preliminarily approved by the City Council; and WHEREAS, as outlined in the Report, the proposed annual assessment rates are not proposed to increase above the previously approved Maximum Assessment Rate, as defined in the Report; and
WHEREAS, pursuant to the California Constitution, Sections 22620 through 22630 of the Act, and Government Code section 53750 et seq., the City Council desires to set a public hearing to allow interested parties the opportunity to hear and be heard on the proposed assessments to be levied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1006
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Improvements.

The proposed improvements and services to be provided and for which the properties within each District shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the lighting and landscaping improvements within the District parks, public right-of-ways, open spaces, or easements that shall be maintained by the City for the special benefit of the properties therein. The Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.

Section 3. Intention to Levy Assessments.

That the City Council hereby declares its intention to levy and collect annual assessment against the Properties within the Districts to fund the ongoing costs and expenses of maintaining, operating, and servicing the improvements determined to be of special benefit to the Properties therein as outlined in the Report prepared in connection therewith for Fiscal Year 2022/2023.

Section 4. Public Hearing.

That the City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments on the Properties within the Districts in accordance with the Act and the California Constitution. Notice is hereby given that a public hearing on these matters will be held by the City Council on August 2, 2022, at 6:00 p.m., or at a special meeting in which the time and date will be determined by the City Council, or as soon thereafter the matter may be heard, in the City Council Chambers located at 14343 Civic Drive, Victorville, California 92392. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 5. Notice.

That the City Council hereby authorizes and directs the City Clerk or their designee to give notice of the Public Hearing pursuant to Streets and Highways Code Section 22552 and 22553, as applicable.

Section 6. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 7. Certification.
1007
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1008
Attachment F
Resolution No. 22-077
1009
RESOLUTION NO. 22-077

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE DRAINAGE FACILITIES ASSESSMENT
DISTRICTS NOS. 1, 2, AND 3, INITIATING PROCEEDINGS FOR THE

ANNUAL LEVY OF ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2022/2023, PURSUANT TO THE PROVISIONS OF THE
LANDSCAPE AND LIGHTING ACT OF 1972 (CALIFORNIA STREETS
AND HIGHWAYS CODE SECTION 22500 ET SEQ.)
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq., (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the public landscaping improvements installed within the boundaries of Drainage Facilities Assessment Districts Nos. 1, 2, and 3, (hereinafter the “Districts”); and
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the Districts pursuant to the provisions of the Act that provide for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping and lighting improvements and facilities related thereto; and
WHEREAS, the Act provides for the annual preparation of an Engineer’s Report and the confirmation of the levy of assessments upon the lots and parcels of land within the Districts (hereinafter the “Properties”) to pay for the for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that provide special benefits to the Properties pursuant to the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and
WHEREAS, pursuant to the Act and the California Constitution, the City Council desires to initiate proceedings for the annual levy of assessments on the Properties within the boundaries of the individual Districts for Fiscal Year 2022/2023 (commencing July 1, 2022, and ending June 30, 2023) to pay for the operation, maintenance, and servicing of local landscaping improvements, and appurtenant facilities installed therein that provide special benefits to the Properties; and
WHEREAS, the City has retained Willdan Financial Services as the Engineer of Work, for the purpose of assisting with the preparation of the annual Consolidated Engineer’s Report (hereinafter the “Report”) to be filed with the City Clerk in accordance with Chapter 4, Article 2 of the Act and the applicable provisions of the California Constitution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1010
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Initiate Proceedings.

That the City Council hereby initiates proceedings in accordance with the provisions of the Act, the California Constitution, and Government Code section 53750 et seq. for the Fiscal Year 2022/2023 annual assessments proposed to be levied and collected for the expenses necessary for the maintenance and operation of the improvements located within each District.

Section 3. The Improvements.

That the proposed improvements and services to be provided and for which the Properties within each District shall be assessed, include but are not limited to landscape improvements in and around drainage basins, channels, access roads, pumps, railing, block wall, chain link fence, structures, landscaping, irrigation systems, electric, water, landline and cell service utilities, lighting, signage, and hardscape, such as rock, decomposed granite, soil, asphalt, cement, curbing, etc. that shall be maintained by the City for the special benefit of the properties therein. The Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.

Section 4. Designation of Engineer; Engineer’s Report.

Section 5. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 6. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1011
Attachment G
Resolution No. 22-078
1012
RESOLUTION NO. 22-078

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE DRAINAGE FACILITIES ASSESSMENT
DISTRICTS NOS. 1, 2, AND 3, PRELIMINARILY APPROVING THE CONSOLIDATED ENGINEER’S REPORT FILED IN SUPPORT OF THE
LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022/2023 PURSUANT

TO THE PROVISIONS OF THE LANDSCAPE AND LIGHTING ACT OF
1972 (CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.)
WHEREAS, the City Council of the City of Victorville (the “City Council”) previously adopted a Resolution initiating the proceedings for the annual levy of assessments on lots and parcels of land within Drainage Facilities Assessment Districts Nos. 1, 2, and 3, (hereinafter the “Districts”) to provide for the continued maintenance, operation, and servicing of certain landscape improvements within the Districts; and WHEREAS, in accordance with the applicable provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code section 53750 et seq., the Engineer of Work has prepared and filed a Consolidated Engineer’s Report (hereinafter the “Report”) with the City Clerk relating to the annual assessments, which is now being submitted to the City Council for consideration and preliminary approval.

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

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Contents of Engineer’s Report.

That the Report presented to for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the applicable Cost Inflator formulas that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in the Districts; and 1013
c. The Estimate of Costs for providing the improvements and services, and the current maximum assessment rate for properties in each District; and d. An Assessment Diagram (Boundary Map); and
e. An Assessment Roll containing the assessments to be levied for each Assessors’ Parcel Number (APN) within each District in accordance with the Estimate of Costs for each District.

Section 3. Approval of Engineer’s Report.

Section 4. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 5. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1014
Attachment H
Resolution No. 22-079
1015
RESOLUTION NO. 22-079

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE DRAINAGE FACILITIES ASSESSMENT
DISTRICTS NOS. 1, 2, AND 3, DECLARING ITS INTENTION TO LEVY

ANNUAL ASSESSMENTS ON PARCELS WITHIN DRAINAGE
FACILITIES ASSESSMENT DISTRICTS NOS. 1, 2, AND 3 FOR FISCAL YEAR 2022/2023, AND SETTING A PUBLIC HEARING ON THE

PROPOSED ASSESSMENTS, PURSUANT TO THE PROVISIONS OF
LANDSCAPE AND LIGHTING ACT OF 1972 (CALIFORNIA STREETS
AND HIGHWAYS CODE, SECTION 22500 ET. SEQ.)
WHEREAS, the City Council of the City of Victorville (hereinafter the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter the “Act”), did initiate proceedings for the proposed levy and collection of annual special benefit assessments on the lots and parcels of land (hereinafter the “Properties”) within Drainage Facilities Assessment Districts Nos. 1, 2, and 3 (hereinafter the “Districts”) for Fiscal Year 2022/2023; and
WHEREAS, the City Council desires to levy and collect annual assessments against the Properties within said Districts to pay for the costs and expenses related to the maintenance, servicing, and operation of landscape improvements that provide special benefits to the Properties as authorized by the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and WHEREAS, Willdan Financial Services, as the designated Engineer of Work, has prepared and filed with the City Clerk a Consolidated Engineer’s Report (hereinafter the “Report”) in connection with the proposed levy of assessments in the Districts for Fiscal Year 2022/2023 (said fiscal year beginning July 1, 2022 and ending June 30, 2023) in accordance with the Act and the California Constitution; and said Report has been presented to and preliminarily approved by the City Council; and WHEREAS, as outlined in the Report, the proposed annual assessment rates are not proposed to increase above the previously approved Maximum Assessment Rate, as defined in the Report; and
WHEREAS, pursuant to the California Constitution, Sections 22620 through 22630 of the Act, and Government Code section 53750 et seq., the City Council desires to set a public hearing to allow interested parties the opportunity to hear and be heard on the proposed assessments to be levied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1016
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Improvements.

The proposed improvements and services to be provided and for which the Properties within each District shall be assessed, include but are not limited to landscape improvements in and around drainage basins, channels, access roads, pumps, railing, block wall, chain link fence, structures, landscaping, irrigation systems, electric, water, landline and cell service utilities, lighting, signage, and hardscape, such as rock, decomposed granite, soil, asphalt, cement, curbing, etc. The Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs.

Section 3. Intention to Levy Assessments.

Section 4. Public Hearing.

Section 5. Notice.

That the City Council hereby authorizes and directs the City Clerk or their designee to give notice of the Public Hearing pursuant to Streets and Highways Code Section 22552 and 22553, as applicable.

Section 6. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 7. Certification.
1017
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1018
Attachment I
Resolution No. 22-080
1019
RESOLUTION NO. 22-080

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7, AND 8, INITIATING PROCEEDINGS

FOR THE ANNUAL LEVY OF ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2022/2023, PURSUANT TO THE PROVISIONS OF THE LANDSCAPE AND LIGHTING ACT OF 1972 (CALIFORNIA
STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.)
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”) to provide for the continued maintenance, operation, and servicing of the public landscaping improvements installed within the boundaries of Landscape Maintenance Assessment Districts Nos. 1, 2, 3, 4, 5, 6, 7, and 8 (hereinafter the “Districts”); and
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the Districts pursuant to the provisions of the Act that provide for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping and lighting improvements and facilities related thereto; and
WHEREAS, the Act provides for the annual preparation of an Engineer’s Report and the confirmation of the levy of assessments upon the lots and parcels of land within the Districts (hereinafter the “Properties”) to pay for the for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that provide special benefits to the Properties pursuant to the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and
WHEREAS, pursuant to the Act and the California Constitution, the City Council desires to initiate proceedings for the annual levy of assessments on the Properties within the boundaries of the individual Districts for Fiscal Year 2022/2023 (commencing July 1, 2022, and ending June 30, 2023) to pay for the operation, maintenance, and servicing of local landscaping improvements, and appurtenant facilities installed therein that provide special benefits to the Properties; and
WHEREAS, the City has retained Willdan Financial Services as the Engineer of Work, for the purpose of assisting with the preparation of the annual Consolidated Engineer’s Report (hereinafter the “Report”) to be filed with the City Clerk in accordance with Chapter 4, Article 2 of the Act and the applicable provisions of the California Constitution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1020
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Initiate Proceedings.

Section 3. The Improvements.

That the proposed improvements and services to be provided and for which the Properties within each District shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscaping and irrigation improvements within the public right-of-ways, open spaces, or easements that shall be maintained by the City for the special benefit of the properties therein. The Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.

Section 4. Designation of Engineer; Engineer’s Report.

Section 5. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 6. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1021
Attachment J
Resolution No. 22-081
1022
RESOLUTION NO. 22-081

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NOS. 1, 2, 3, 4, 5, 6, 7, AND 8, PRELIMINARILY APPROVING THE CONSOLIDATED ENGINEER’S REPORT FILED IN SUPPORT OF
THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2022/2023

PURSUANT TO THE PROVISIONS OF THE LANDSCAPE AND
LIGHTING ACT OF 1972 (CALIFORNIA STREETS AND HIGHWAYS
CODE SECTION 22500 ET SEQ.)
WHEREAS, the City Council of the City of Victorville (the “City Council”) previously adopted a Resolution initiating the proceedings for the annual levy of assessments on lots and parcels of land within Landscape Maintenance Assessment District Nos. 1, 2, 3, 4, 5, 6, 7, and 8 (hereinafter the “Districts”) to provide for the continued maintenance, operation, and servicing of certain landscape improvements within the Districts; and WHEREAS, in accordance with the applicable provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code section 53750 et seq., the Engineer of Work has prepared and filed a Consolidated Engineer’s Report (hereinafter the “Report”) with the City Clerk relating to the annual assessments, which is now being submitted to the City Council for consideration and preliminary approval.

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

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Contents of Engineer’s Report.

That the Report presented to for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the applicable Cost Inflator formulas that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in Landscape Maintenance Assessment District Nos. 5, 6, 7, and 8; and
1023
c. The Estimate of Costs for providing the improvements and services, and the current maximum assessment rate for properties in each District; and d. An Assessment Diagram (Boundary Map); and
e. An Assessment Roll containing the assessments to be levied for each Assessors’ Parcel Number (APN) within each District in accordance with the Estimate of Costs for each District.

Section 3. Approval of Engineer’s Report.

Section 4. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 5. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1024
Attachment K
Resolution No. 22-082
1025
RESOLUTION NO. 22-082

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, AND 8, DECLARING ITS INTENTION

TO LEVY ANNUAL ASSESSMENTS ON PARCELS WITHIN
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7, AND 8 FOR FISCAL YEAR 2022/2023, AND SETTING A

PUBLIC HEARING ON THE PROPOSED ASSESSMENTS, PURSUANT
TO THE PROVISIONS OF LANDSCAPE AND LIGHTING ACT OF 1972 (CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22500 ET.

SEQ.)
WHEREAS, the City Council of the City of Victorville (hereinafter the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter the “Act”), did initiate proceedings for the proposed levy and collection of annual special benefit assessments on the lots and parcels of land (hereinafter the “Properties”) within Landscape Maintenance Assessments Districts Nos. 1, 2, 3, 4, 5, 6, 7, and 8 (hereinafter the “Districts”) for Fiscal Year 2022/2023; and WHEREAS, the City Council desires to levy and collect annual assessments against the Properties within said Districts to pay for the costs and expenses related to the maintenance, servicing, and operation of landscape improvements that provide special benefits to the Properties as authorized by the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and WHEREAS, Willdan Financial Services, as the designated Engineer of Work, has prepared and filed with the City Clerk a Consolidated Engineer’s Report (hereinafter the “Report”) in connection with the proposed levy of assessments in the Districts for Fiscal Year 2022/2023 (said fiscal year beginning July 1, 2022 and ending June 30, 2023) in accordance with the Act and the California Constitution; and said Report has been presented to and preliminarily approved by the City Council; and WHEREAS, as outlined in the Report, the proposed annual assessment rates are not proposed to increase above the previously approved Maximum Assessment Rate, as defined in the Report; and
WHEREAS, pursuant to the California Constitution, Sections 22620 through 22630 of the Act, and Government Code section 53750 et seq., the City Council desires to set a public hearing to allow interested parties the opportunity to hear and be heard on the proposed assessments to be levied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1026
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Improvements.

The proposed improvements and services to be provided and for which the Properties within each District shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscaping and irrigation improvements within the public right-of-ways, open spaces, or easements that shall be maintained by the City for the special benefit of the properties therein. The Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs.

Section 3. Intention to Levy Assessments.

Section 4. Public Hearing.

Section 5. Notice.

That the City Council hereby authorizes and directs the City Clerk or their designee to give notice of the Public Hearing pursuant to Streets and Highways Code Section 22552 and 22553, as applicable.

Section 6. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 7. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; 1027
shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1028
Attachment L
Resolution No. 22-083
1029
RESOLUTION NO. 22-083

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE CITY-WIDE STREET LIGHTING ASSESSMENT

DISTRICT, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022/2023,

PURSUANT TO THE PROVISIONS OF THE LANDSCAPE AND
LIGHTING ACT OF 1972 (CALIFORNIA STREETS AND HIGHWAYS
CODE SECTION 22500 ET SEQ.)
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the public lighting improvements installed within the boundaries of the City-Wide Street Lighting Assessment District (hereinafter the “District”); and
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the District pursuant to the provisions of the Act that provide for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local lighting improvements and facilities related thereto; and
WHEREAS, the Act provides for the annual preparation of an Engineer’s Report and the confirmation of the levy of assessments upon the lots and parcels of land within the District (hereinafter the “Properties”) to pay for the for the operation, maintenance, and servicing of local lighting improvements, and appurtenant facilities related thereto that will provide special benefits to the Properties pursuant to the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and WHEREAS, pursuant to the Act and the California Constitution, the City Council desires to initiate proceedings for the annual levy of assessments on the Properties within the boundaries of the individual Districts for Fiscal Year 2022/2023 (commencing July 1, 2022, and ending June 30, 2023) to pay for the operation, maintenance, and servicing of local lighting improvements, and appurtenant facilities installed therein that provide special benefits to the Properties; and
WHEREAS, the City has retained Willdan Financial Services as the Engineer of Work, for the purpose of assisting with the preparation of the annual Consolidated Engineer’s Report (hereinafter the “Report”) to be filed with the City Clerk in accordance with Chapter 4, Article 2 of the Act and the applicable provisions of the California Constitution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1030
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Initiate Proceedings.

Section 3. The Improvements.

That the proposed improvements and services to be provided and for which the Properties within the District shall be assessed, include but are not limited to the operation, maintenance, rehabilitation, replacement, and servicing of the street lighting, traffic signals, and appurtenant facilities, including but not limited to personnel, contractual services, energy, utilities (such as water), graffiti removal, construction activities (such as grading, concrete, pavement, etc.), installation of new systems and facilities, operation, maintenance, rehabilitation, and servicing of the facilities described herein that shall be maintained by the City for the special benefit of the properties therein. The Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.

Section 4. Designation of Engineer; Engineer’s Report.

That the City Council hereby orders the Engineer of Work to prepare and file with the City Clerk a Report concerning the proposed levy of special benefit assessments for the properties within the boundaries of the District for the Fiscal Year 2022/2023, in accordance with Chapter 3 Section 22622 of the Act. Said Report shall establish the budget of anticipated expenses and the resulting proposed assessment pursuant to the provisions of the Act and the California Constitution.

Section 5. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 6. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1031
Attachment M
Resolution No. 22-084
1032
RESOLUTION NO. 22-084

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE CITY-WIDE STREET LIGHTING ASSESSMENT

DISTRICT, PRELIMINARILY APPROVING THE CONSOLIDATED
ENGINEER’S REPORT FILED IN SUPPORT OF THE LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2022/2023 PURSUANT TO THE
PROVISIONS OF THE LANDSCAPE AND LIGHTING ACT OF 1972
(CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 22500 ET
SEQ.)
WHEREAS, the City Council of the City of Victorville (the “City Council”) previously adopted a Resolution initiating the proceedings for the annual levy of assessments on lots and parcels of land within the City-Wide Street Lighting Assessment District (hereinafter the “District”) to provide for the continued maintenance, operation, and servicing of local lighting improvements within the District; and WHEREAS, in accordance with the applicable provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (hereinafter the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code section 53750 et seq., the Engineer of Work has prepared and filed a Consolidated Engineer’s Report (hereinafter the “Report”) with the City Clerk relating to the annual assessments, which is now being submitted to the City Council for consideration and preliminary approval.

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

Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Contents of Engineer’s Report.

That the Report presented to for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the applicable Cost Inflator formula that provides for annual inflationary adjustments to the maximum assessment rate currently in effect in the District; and 1033
c. The Estimate of Costs for providing the improvements and services, and the current maximum assessment rate for properties in each District; and d. An Assessment Diagram (Boundary Map); and
e. An Assessment Roll containing the assessments to be levied for each Assessors’ Parcel Number (APN) within each District in accordance with the Estimate of Costs for each District.

Section 3. Approval of Engineer’s Report.

Section 4. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

Section 5. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1034
Attachment N
Resolution No. 22-085
1035
RESOLUTION NO. 22-085

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ACTING IN ITS CAPACITY AS THE GOVERNING BODY

OF THE VICTORVILLE CITY-WIDE STREET LIGHTING ASSESSMENT

DISTRICT, DECLARING ITS INTENTION TO LEVY ANNUAL

ASSESSMENTS ON PARCELS WITHIN CITY-WIDE STREET LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/2023, AND SETTING

A PUBLIC HEARING ON THE PROPOSED ASSESSMENTS,

PURSUANT TO THE PROVISIONS OF LANDSCAPE AND LIGHTING
ACT OF 1972 (CALIFORNIA STREETS AND HIGHWAYS CODE,
SECTION 22500 ET. SEQ.)
WHEREAS, the City Council of the City of Victorville (hereinafter the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter the “Act”), did initiate proceedings for the proposed levy and collection of annual special benefit assessments on the lots and parcels of land (hereinafter the “Properties”) within City-Wide Street Lighting Assessments District (hereinafter the “Districts”) for Fiscal Year 2022/2023; and
WHEREAS, the City Council desires to levy and collect annual assessments against the Properties within said Districts to pay for the costs and expenses related to the maintenance, servicing, and operation of landscape improvements that provide special benefits to the Properties as authorized by the Act and the provisions of the California Constitution Article XIIID (hereinafter the “California Constitution”); and WHEREAS, Willdan Financial Services, as the designated Engineer of Work, has prepared and filed with the City Clerk a Consolidated Engineer’s Report (hereinafter the “Report”) in connection with the proposed levy of assessments in the Districts for Fiscal Year 2022/2023 (said fiscal year beginning July 1, 2022 and ending June 30, 2023) in accordance with the Act and the California Constitution; and said Report has been presented to and preliminarily approved by the City Council; and WHEREAS, as outlined in the Report, the proposed annual assessment rates are not proposed to increase above the previously approved Maximum Assessment Rate, as defined in the Report; and
WHEREAS, pursuant to the California Constitution, Sections 22620 through 22630 of the Act, and Government Code section 53750 et seq., the City Council desires to set a public hearing to allow interested parties the opportunity to hear and be heard on the proposed assessments to be levied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1036
Section 1. Recitals.

That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Improvements.

The proposed improvements and services to be provided and for which the Properties within the District shall be assessed, include but are not limited to the operation, maintenance, rehabilitation, replacement, and servicing of the street lighting, traffic signals, and appurtenant facilities, including but not limited to personnel, contractual services, energy, utilities (such as water), graffiti removal, construction activities (such as grading, concrete, pavement, etc.), installation of new systems and facilities, operation, maintenance, rehabilitation, and servicing of the facilities described herein that shall be maintained by the City for the special benefit of the properties therein. The Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs.

Section 3. Intention to Levy Assessments.

Section 4. Public Hearing.

Section 5. Notice.

That the City Council hereby authorizes and directs the City Clerk or their designee to give notice of the Public Hearing pursuant to Streets and Highways Code Section 22552 and 22553, as applicable.

Section 6. Effective Date.

That this Resolution shall be effective immediately upon its adoption. 1037
Section 7. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted. 1038
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Award of two (2) General Services Provider Agreements for the Annual Supply of Water Treatment Chemicals
Recommendation:

That the Honorable Victorville Water District Board of Directors approve the award of two (2) General Services Provider Agreements to Univar Solutions Inc. (Univar) in the amount of $216,587.84, and to Pennco Inc. (Pennco) in the amount of $35,727.20 for the Annual Supply of Water Treatment Chemicals (Project #CC22-102), for a total amount not to exceed $252,315.04.

Fiscal Impact:

This contract award proposes encumbering and expending $252,315.04 of budgeted funds. The funds were budgeted under the Victorville Water District budget in the following account codes:
 4100515 – 52110 – $201,852.03
o 4100515 – Water Fund, Quality Services
o 52110 – Supplies
 4100510 – 52110 – $50,463.01
o 4100510 – Water Fund, High Desert Power Plant
o 52110 – Supplies
Background:

The United States Environmental Protection Agency (EPA) issued the Ground Water Rule (GWR) on October 11, 2006. The GWR states that all ground water systems serving more than 3,300 residents must conduct compliance monitoring for the residual disinfectant concentration to meet the State specified minimum. The Victorville Water District (District) conducts regular sampling by a certified water operator to verify the chlorine residual in the water system.
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4 2
Sodium Hypochlorite (Chlorine) is a highly effective disinfectant used to kill disease causing pathogens, such as bacteria, viruses, and protozoans, that can grow in water reservoirs and in water mains. These pathogens can cause many diseases like cholera, typhoid fever, and dysentery. Chlorinating, or “treating” the water, is required to disinfect and purify it before it can be distributed to the District’s customers.

Ferric Chloride is another chemical used in water treatment that serves as a coagulant to aid in the filtration process. This chemical works as a flocculant, which promotes filtration by helping small particles in water clump together forming a “floc”. These flocs will then float to the surface or settle to the bottom so they can be removed.

These chemicals are needed to treat the District’s water on a weekly basis to continuously provide safe and clean water, and to remain in compliance with State of California (State) regulations.

Discussion:

District and Purchasing staff conducted a competitive bid solicitation using formal bidding procedures in accordance with Victorville Municipal Code (VMC) §2.28.100. Price per gallon and total bid amounts were requested based on specific criteria set forth in the bidding documents. On March 14, 2022, the Notice of Inviting Bids was emailed to potential bidders, posted on the City’s website and on ebidboard. The following bidders responded:

Per Gallon
(69,065)
Annual
Amount
Per Gallon
(13,135)
Annual
Amount
Univar
Solutions $3.136 $216,587.84 $3.38 $44,396.30
HASA, Inc.
(initial bid) $2.58 $178,187.70 No Bid /
Unavailable N/A
HASA, Inc.
(revised bid) $2.83 $195,453.95 No Bid /
Unavailable N/A
Pennco, Inc. No Bid /
Unavailable N/A $2.72 $35,727.20
Kemira No Bid /
Unavailable N/A $3.55 $46,629.25
Company
Sodium Hypochlorite Ferric Chloride
The bid submitted by HASA was preferable, as they were the lowest for both Sodium Hypochlorite and Ferric Chloride. District staff was ready to award the contract to HASA but as Purchasing staff was confirming the annual price with HASA’s representative, an error in the bid was brought to light. HASA submitted a bid for both Sodium Hypochlorite and Ferric Chloride, but it was incorrect as HASA stated they could only provide Sodium Hypochlorite. As such, their bid for Ferric Chloride could not be honored. District staff then 1040
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4 2
decided to award two (2) contracts; the first to HASA for their Sodium Hypochlorite bid and the second to Pennco, for their Ferric Chloride bid.

Purchasing staff reached out to all bidders to ask if they would continue to honor their bids until the contract was awarded and all but HASA agreed. HASA stated that their new Sodium Hypochlorite bid would increase from $2.58 per gallon to $2.83 per gallon, which would place the new annual total to $195,453.95. HASA also sent a letter stating that the pricing submitted was quoted as quarterly and not annual-firm pricing. District and Purchasing staff then decided to re-evaluate all bids submitted based on the new information provided.

After further evaluation, Purchasing and District staff determined the best value bidders to be Univar Solutions for their Sodium Hypochlorite firm annual bid price of $3.14 per gallon (annual total of $216,587.84), and Pennco, for their Ferric Chloride firm annual bid price of $2.72 per gallon (annual total of $35,727.20). The combined annual total for both contracts would be $252,315.04. As specified in VMC §2.28.100, the recommended contract awards presented herein have been evaluated in accordance with VMC §2.28.040, to determine the “best value bidder” for the project.

For these reasons, staff is recommending that the Victorville Water District Board of Directors approve the awards of two (2) General Services Provider Agreements to Univar Solutions Inc. in an amount not to exceed $216,587.84 for Sodium Hypochlorite, and Pennco, Inc. for Ferric Chloride in an amount not to exceed $35,727.20 for the Annual Supply of Water Treatment Chemicals, Project #CC22-102.

Staff remains available for any questions or comments the Board may have.

Attachments: A. General Services Provider Agreements
B. Bids Received
C. Municipal Code Section 2.28.100
D. Municipal Code Section 2.28.040
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Attachment A
General Services
Provider Agreements
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1 General Services Agreement/Univar Solutions USA, Inc./Project CC22-102

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
UNIVAR SOLUTIONS USA, INC.

FOR

ANNUAL SUPPLY AGREEMENT FOR SODIUM HYPOCHLORITE
WATER TREATMENT CHEMICALS, PROJECT CC22-102

THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (the “Agreement”) is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Univar Solutions USA, Inc., a State of Illinois corporation, hereinafter referred to as the “ Service Provider”. The District and the Service Provider are sometimes hereinafter referred to as a “Party” or as the “Parties”.

RECITALS:

WHEREAS, the District requires Annual Supply Agreement for Sodium Hypochlorite Water Treatment Chemicals and

WHEREAS, in light of the facts set forth above, the District desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Annual Supply Agreement for Sodium Hypochlorite Water Treatment Chemicals; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RE
CITALS

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. SC OPE OF SERVICES

Service Provider shall provide to the District those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. CO

MPENSATION

The District shall pay a total amount not to exceed Two Hundred Sixteen Thousand Five Hundred Eighty-seven and 84/100 Dollars ($216,587.84) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.

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2 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

Section 4. BID PROPOSAL FORM

The District shall pay Service Provider as provided in the Bid Proposal Form , attached hereto as Exhibit “ A”, and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to District monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the District approximately thirty (30) working days following receipt of Service Provider’s invoice.

Se ction 5 . RESERVED

Section 6. TE RM OF AGREEMENT

This Agreement shall commenc e on July 1, 2022 (the “Commencement Date”) and expiring on June 30, 2023 (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

This Agreement may be extended for four (4) additional one-year periods (hereinafter “Option Periods”), at the option of District, subject to satisfactory performance as determined by the District. District shall give Service Provider 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 District decide to exercise its option(s) to extend. In the event District does not give Service Provider 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 District fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.

Section 7. I

NDEPENDENT CONTRACTOR STATUS

Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.

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

SERVICE PROVIDER

a. Ser
vice Provider represents and acknowledges the following:

(1) The District is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.

(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the District. 1044
3 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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

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

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

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

b. The District represents and acknowledges the following:

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

(2) The District will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the District from hiring Service Provider’s employees or assistants after termination of this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the District on a continuing basis after termination of this Agreement.

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

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

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

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

Section 9. NO

T AGENT OF THE DISTRICT

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

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4 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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

Section 10. L ICENSES AND PERMITS

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

Section 11. W ARRANTY

Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 12. F AMILIARITY WITH WORK

Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the District, Service Provider shall immediately inform the District of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Doug Mathews, Director of Public Works and Water, or his designee.

Section 13. C ONFLICTS OF INTEREST

Service Provider 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 Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the District determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the District Secretary’s Office pursuant to the written instructions provided by the District Secretary.

Section 14. CO

MPLIANCE WITH LAWS

Service Provider 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 Service Provider or its employees, officers, or board members.

Section 15. CO

MMERCIAL GENERAL AND

AUTOMOBILE LIABILITY INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), 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 1046
5 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

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

Section 16. W

ORKERS' COMPENSATION INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.

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

Section 17. P OLLUTION LIABILITY

If the project entails the handling or use of hazardous materials, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollar ($1,000,000) is required.

Section 18. A

DDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the District , the City of Victorvi lle and their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.

Section 19. W AIVER OF SUBROGATION RIGHTS

Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. P
ROOF OF INSURANCE COVERAGE;

REQUIRED ENDORSEMENTS

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

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6 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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

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

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

e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the District . Any insurance maintained by the District shall be in excess of Service Provider’s insurance and shall not contribute with it.”

Section 21. T

ERMINATION 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 District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District 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. T

IME OF THE ESSENCE

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

Section 23. IN DEMNIFICATION

a. Service Provider shall defend, indemnify, and hold harmless the District , its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the District), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the District's own negligence or willful misconduct, or that of its officers or employees.

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7 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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

Section 24. R EPORTS

Upon request by Doug Mathews, Director of Public Works and Water , or his designee, Service Provider shall prepare and submit reports to the District concerning Service Provider's performance of the services required by this Agreement.

Section 25. RE CORDS

a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water , or his designee, to evaluate the cost and the performance of such services.

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

c. Doug Mathews, Director of Public Works and Water , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Doug Mathews, Director of Public Works and Water , or his designee, for purposes of per forming an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. R ESERVED

Section 27. CO NFIDENTIALITY

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

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the Distr ict, except with the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.

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8 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

Section 28. PRINCIPAL REPRESENTATIVES

a. Jennifer M. Perras, Municipal Specialist , is designated as the principal representative of Service Provider for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement.

b. Doug Mathews, Director of Public Works and Water, or his designee, shall be the principal representative(s) of the District for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.

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

Section 29. M ODIFICATIONS AND AMENDMENTS

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

Section 30. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Service Provider 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 31. A

MBIGUITIES

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

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

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

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9 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

Section 32. NOTICES

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

To the District: Doug Mathews,
Director of Public Works and Water
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Provider: Joe Stanaway
Univar Solutions USA, Inc.
8201 S. 212
th St.

Commerce, CA 90040

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

Section 33. NO N-LIABILITY OF DISTRICT OFFICERS

AND EMPLOYEES

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

Section 34. R

EVIEW BY ATTORNEYS

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

Section 35. W
AIVER

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.

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10 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

Section 36. ASSIGNMENT

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

Section 37. CARE OF WORK

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

Section 38. CAP TIONS AND HEADINGS

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

Section 39. SUCCE SSORS, HEIRS, AND ASSIGNS

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

Section 40. G
ENDER

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

Section 41. SEVER ABILITY

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

Section 42. GOVE RNING LAW

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

Section 43. DE
FAULT

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.
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11 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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 rem ain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMUL

ATIVE REMEDIES

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

Section 45. VE NUE

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 46. AT TORNEYS’ FEES

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

Section 47. EFF

ECTIVENESS OF AGREEMENT

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

Section 48. REPR ESENTATIONS 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.

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12 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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

Section 49. CO UNTERPARTS

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

(END OF THIS PAGE)

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13 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

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

VICTORVILLE WATER DISTRICT UNIVAR SOLUTIONS USA, INC.

By:________________________________ By:________________________________ Debra Jones, Joe Stanaway,
District Chairman West Region Vice President

Dated:______________________________ Dated:______________________________

ATTEST

By:________________________________
Jennifer Thompson,
District Secretary

Dated:_______________________________

VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM

By:_________________________________ By:____________________________ Lee Brown, A ndre de Bortnowsky,
District Risk Manager District Legal Counsel

Dated:______________________________ Dated:_____________________________

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14 General Services Agreement/Univar Solutions USA Inc./Project CC22-102

EXHIBIT A

SCOPE OF SERVICES/

BID PROPOSAL FORM

See Attachment

1056

EXHIBIT A, SCOPE OF SERVICES/BID PROPOSAL FORM, SODIUM HYPOCHLORITE (ONLY), WATER TREATMENT CHEMICALS PROJECT CC22-102
15/General Services Provider Standard Agreement/Univar Solutions USA Inc./Project CC22-102 1057

EXHIBIT A, SCOPE OF SERVICES/BID PROPOSAL FORM, SODIUM HYPOCHLORITE (ONLY), WATER TREATMENT CHEMICALS PROJECT CC22-102
16/General Services Provider Standard Agreement/Univar Solutions USA Inc./Project CC22-102 1058
1 General Services Provider Standard Agreement/Pencco, Inc./Project CC22-102-1

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
PENCCO, INC.

FOR

ANNUAL SUPPLY AGREEMENT FOR FERRIC CHLORIDE WATER
TREATMENT CHEMICALS, PROJECT CC22-102-1

THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (the “Agreement”) is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Pencco, Inc., a State of Texas corporation, hereinafter referred to as the “Service Provider”. The District and the Service Provider are sometimes hereinafter referred to as a “Party” or as the “Parties”.

RECITALS:

WHEREAS, the District requires Annual Supply Agreement for Ferric Chloride Water Treatment Chemicals and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RE
CITALS

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. SC OPE OF SERVICES

Service Provider shall provide to the District those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. CO

MPENSATION

The District shall pay a total amount not to exceed Thirty-five Thousand Seven Hundred Twenty-seven and 20/100 Dollars ($35,727.20) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.

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2 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Section 4. BID PROPOSAL FORM

Se ction 5 . RESERVED

Section 6. TE RM OF AGREEMENT

Section 7. I

NDEPENDENT CONTRACTOR STATUS

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

SERVICE PROVIDER

a. Ser
vice Provider represents and acknowledges the following:

(1) The District is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.

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3 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the District. (3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.

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

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

b. The District represents and acknowledges the following:

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

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

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

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

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

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4 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Section 9. NO T AGENT OF THE DISTRICT

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

Section 10. L ICENSES AND PERMITS

Section 11. W ARRANTY

Section 12. F AMILIARITY WITH WORK

Section 13. C ONFLICTS OF INTEREST

Section 14. CO

MPLIANCE WITH LAWS

Service Provider 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 1062

5 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

governing the conduct or performance of Service Provider or its employees, officers, or board members.

Section 15. CO MMERCIAL GENERAL AND

AUTOMOBILE LIABILITY INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), 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 Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

Section 16. W

ORKERS' COMPENSATION INSURANCE

Section 17. P OLLUTION LIABILITY

If the project entails the handling or use of hazardous materials, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollar ($1,000,000) is required.

Section 18. A DDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the District , the City of Victorville and their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.

Section 19. W

AIVER OF SUBROGATION RIGHTS

Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, employees, 1063

6 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. P ROOF OF INSURANCE COVERAGE;

REQUIRED ENDORSEMENTS

Section 21. T

ERMINATION OR SUSPENSION

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7 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Section 22. T IME OF THE ESSENCE

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

Section 23. IN DEMNIFICATION

Section 24. RE
PORTS

Section 25. RE CORDS

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

d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Doug Mathews, Director of Public Works and Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. R

ESERVED
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8 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Section 27. CO NFIDENTIALITY

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the District , except with the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.

Section 28. PR

INCIPAL REPRESENTATIVES

a. Sarah Duffy, Bid Secretary, is designated as the principal representative of Service Provider for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement.

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

Section 29. M

ODIFICATIONS AND AMENDMENTS

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

Section 30. ENTIRE AGREEMENT

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

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9 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Section 31. A MBIGUITIES

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

Section 32.

NOTICES

To the District: Doug Mathews,
Director of Public Works and Water
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Provider: Sarah Duffy, Bid Secretary
Pencco, Inc.

P.O. Box 600
San Felipe, TX 77473

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

Section 33. NO N-LIABILITY OF DISTRICT OFFICERS

AND EMPLOYEES

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Section 34. REVIEW BY ATTORNEYS

Section 35. W AIVER

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

Section 36. ASSI
GNMENT

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

Section 37. CARE OF WORK

Section 38. CAP

TIONS AND HEADINGS

Section 39. SUCCE SSORS, HEIRS, AND ASSIGNS

Section 40. G
ENDER

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.

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11 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Section 41. SEVERABILITY

Section 42. GOVE RNING LAW

Section 43. DE FAULT

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

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

Section 44. CUMUL

ATIVE REMEDIES

Section 45. VE NUE

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 1069

12 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. AT TORNEYS’ FEES

Section 47. EFF ECTIVENESS OF AGREEMENT

Section 48. REPR ESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

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

Section 49. CO UNTERPARTS

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

(END OF THIS PAGE)

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13 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

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

VICTORVILLE WATER DISTRICT PENNCO, INC.

By:________________________________ By:________________________________ Debra Jones, Sarah Duffy,
District Chairman Bid Secretary

Dated:______________________________ Dated:______________________________

ATTEST

By:________________________________
Jennifer Thompson,
District Secretary

Dated:_______________________________

VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM

By:_________________________________ By:____________________________ Lee Brown, A ndre de Bortnowsky,
District Risk Manager District Legal Counsel

Dated:______________________________ Dated:_____________________________

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14 General Services Provider Standard Agreement / Pencco, Inc./Project CC22-102-1

EXHIBIT A

SCOPE OF SERVICES/

BID PROPOSAL FORM

See Attachment

1072

EXHIBIT A, SCOPE OF SERVICES/BID PROPOSAL FORM/FERRIC CHLORIDE (ONLY) WATER TREATMENT CHEMICALS, PROJECT CC22-102
15/GENERAL SERVICES PROVIDER STANDARD AGREEMENT/PENCCO, INC./PROJECT CC22-102-1 1073

EXHIBIT A, SCOPE OF SERVICES/BID PROPOSAL FORM/FERRIC CHLORIDE (ONLY) WATER TREATMENT CHEMICALS, PROJECT CC22-102
16/GENERAL SERVICES PROVIDER STANDARD AGREEMENT/PENCCO, INC./PROJECT CC22-102-1 1074
Attachment B
Bids Received
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
Attachment C
Municipal
Code §2.28.100
1086

Created: 2022-02-07 11:08:35 [EST]
(Supp. No. 49, Update 1)

Page 1 of 1 ends

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

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

The basis upon which this determination is made shall be prepared by the city manager in writing and presented to the city council for approval using the city's sole-source justification form; (3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and
(4) Where supplies and equipment or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110. (Ord. No. 2381 , § 2, 9-18-18)
1087
Attachment D Municipal
Code §2.28.040
1088

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

Page 1 of 1 ends

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

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INTENTIONALLY
1090
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Household Hazardous Waste Collection Agreement between the City of Victorville and the San Bernardino County Fire Protection District.

Recommendation:

That the Honorable City Council approve the five-year contract with the San Bernardino County Fire Protection District in the amount of $761,019.36 for household hazardous waste disposal services from September 11, 2022, through June 30, 2027.

Fiscal Impact:

The proposed five-year contract totals $761,019.36, with annual expenditures as follows:
 FY 22/23: $117,178.76
 FY 23/24: $151,662.83
 FY 24/25: $157,433.02
 FY 25/26: $163,831.75
 FY 26/27: $170,913.00
Funding for this annual expense is included in the Solid Waste, Household Hazardous Waste, Disposal Charges annual budget (4262016-52325). Revenues to cover this expense are derived from a “Household Hazardous Waste Fee” included on the monthly sanitation/water bill for residential customers. The fee is charged to single-family as well as multi-family customers. The fee is currently set at 32 cents per residential unit per month.

Background:

California Public Resources Code Sections 41500-41510 require cities and counties to prepare a Household Hazardous Waste Element to identify a program for the safe collection, recycling, treatment, and disposal of household hazardous wastes (HHW) which are generated by residential premises. Household hazardous waste includes items such as paint, motor oil, oil filters, cleaners, solvents, fluorescent light bulbs, and 1091
2 6
2 9
batteries. State law and regulations prohibit these materials from being disposed of with regular trash.

To provide for the safe disposal of household hazardous waste, the City has operated a Household Hazardous Waste Collection Center (HHWCC) where residents can drop off hazardous materials for legal, safe disposal at no charge. The City of Victorville HHWCC opened in the early 1990’s and is located on Loves Lane, off Desert Knoll Drive, behind the County Fairgrounds. It is open every Wednesday and Sunday from 9 a.m. to 4 p.m.

In 2021, a total of 6,451 residents used the Victorville HHWCC, dropping off over 321,400 pounds (160.70 tons) of hazardous materials. An additional 65,600 pounds (32.8 tons) of electronic waste was dropped off at the HHWCC. The City contracts with Burrtec Waste Industries to provide staffing to operate the HHWCC.

Originally, the center was staffed by City employees, then the City contracted San Bernardino County Fire to provide staffing for several years. Since 2014, the City has contracted with Burrtec Waste Industries to provide staffing for the HHWCC. Burrtec employees accept the waste from residents, sort it, and pack it into appropriate storage containers for later removal and disposal by the District.

Since the program began in the early 1990’s, the City has contracted with the San Bernardino County Fire Protection District (District) for disposal and management of the household hazardous waste materials collected at the City’s HHWCC. The District provides removal and disposal of collected materials, as well as oversight, training, and permitting, as described in greater detail below.

Discussion:

As noted above, the City of Victorville has contracted with the San Bernardino County Fire Protection District (District) for disposal of household hazardous waste since the program started in the early 1990’s. The current contract was approved in 2017 and runs through September 10, 2022.

Under the proposed new five-year contract, the District would continue to provide services to remove and dispose of household hazardous wastes from the City of Victorville’s HHWCC. The District has also provided an annual discount to the City in the amount of $13,200 ($3,300 a quarter) to help assist with staffing costs at the HHWCC. Per the terms of the contract, the District agrees to:
 Operate a comprehensive HHW Program for the safe collection and disposal of HHW;
 Act as the generator and transporter of HHW and assume responsibility for maintaining necessary site and transportation permits;
 Provide training to City and subcontractor personnel who staff the HHWCC on proper handling of materials, including a 32-hour initial training course and an annual 8-hour refresher training;
 Provide an Operations Manual which designates waste to be accepted, defines procedures for sorting wastes, and emergency procedures; 1092
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 Provide approved waste storage containers which meet the specifications of the Department of Transportation for the shipment and disposal of hazardous materials;
 Provide other necessary supplies including absorbent, hazardous labels, gloves, personal protective equipment, etc.;
 Provide an Emergency Coordinator to offer support and assistance to the City during operating hours;
 Remove waste materials directly or arrange for removal of accumulated waste materials by a licensed subcontractor and provide for the disposal or recycling of the wastes at an approved facility;
 Provide an annual report to the City, including the amounts and types of waste collected, number of participants, and final disposition of wastes;  Compile information and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the California Department of Toxic Substances Control, and the County Certified Unified Program Agency (CUPA) the City’s Annual Form 303 Report;
 Provide flyers, brochures, and other educational materials regarding proper disposal of household hazardous waste which can be distributed to the public.

Under the new contract, the City will continue to have the option to make independent arrangements to recycle computers, TVs, electronics, and other revenue-generating materials. Since 2014, the City has been marketing its electronic wastes directly and receives approximately $8,000 per year in revenues. These revenues go into the Solid Waste Fund, Household Hazardous Waste Program, and are used to help cover the costs of the HHW program.

The proposed five-year contract between the City and the Fire Protection District for HHW disposal services totals $761,019.36. The fee for FY 22/23 is low in comparison to subsequent years because it only covers the costs for 8.5 months of service, from September 11, 2022, through June 30, 2023 (the current contract is effective through September 10, 2022). Subsequent amounts are for service for an entire fiscal year.

Charges increase by 3.8% to 4.3% per year.

The contract includes a provision that either party may terminate the agreement at any time upon 90 days prior written notice.

Staff remains available for any questions the City Council may have.

Attachments: A. Household Hazardous Waste Collection Agreement 1093

ATTACHMENT A
1094
Standard Contract Page 1 of 7

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

San Bernardino County Fire
Protection District

Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401

Contractor City of Victorville
Contractor Representative Dana Armstrong
Telephone Number (760) 955-5086
Contract Term September 11, 2022 through June
30, 2027
Original Contract Amount $761,019.36
Amendment Amount
Total Contract Amount $761,019.36
Cost Center

IT IS HEREBY AGREED AS FOLLOWS:

HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT

This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Victorville hereinafter referred to as the “City.”

RECITALS:

WHEREAS, the California Public Resourc es Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the City or county and which should be separated from the solid waste stream; and,

WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,

WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,

Contract Number

SAP Number

1095
Revised 7/15/19 Page 2 of 7
WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe management of hazardous waste; and,

WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.

NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:

WITNESSETH:

RESPONSIBILITIES AND DUTIES OF THE CITY

1. The City agrees to operate a Household Hazardous Waste Collection Facility (hereinafter referred to as “Facility”) for the City and District at the following location: San Bernardino County Fairgrounds, Loves Lane, Victorville, CA or at another mutually agreed upon site, in accordance with the most recent edition of the District’s “The Satellite Facilities Operations Manual”, as referred to and amended from time to time in a ccordance with the Waste Management Section 7 of the Manual (hereinafter referred to as “Operations Manual”). Employees of the City and/or its subcontractor who have current training by the District will accept only “Household Hazardous Waste”, as defined in Title 22, section 66260.10 of the California Code of Regulations and in California Health and Safety Code section 25218.1(d). The facility will be open to County residents for collection of Household Hazardous Waste at least sixteen (16) hours per month, except during inclement weather and City observed holidays. The designated employees of the City will categorize, pack and label the wastes in accordance with the Operations Manual. The wastes will be stored in their original packaging ( except used motor oil and used antifreeze) and placed in the District provided containers inside the waste storage area (located within the fenced area of the Facility).

The City approves the Facility’s storage area(s) of ignitable and/or reactive waste de signated by the District. The City approves the Facility’s traffic control which is directed by authorized staff.

2. The City shall be responsible for maintenance of the Facility, the safety of persons and materials on the property of the Facility and keeping the Facility secure. It shall not be necessary for the City to require a person to be present at all times on the site of the Facility where the waste will be stored.

3. The City shall notify and obtain approval from the District prior to making any changes in the maintenance and/or operations of the Facility. The City shall notify the District of any changes in the management of the Facility.

4. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.

5. The City shall publicize to it s residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.

6. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.

7. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture -resistant lid, such as a plas tic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted. 1096
Revised 7/15/19 Page 3 of 7

8. Notwithstanding Paragraph 13, the City shall remove Cathode Ray Tubes (CRTs) and electronic waste or independently contract with a licensed hazardous waste hauler to remove the accumulated CRTs and electronic waste monthly, and to recycle or dispose of the CRTs and electronic waste at an approved facility at no cost to the District or City/District residents. City shall retain any revenue from the recycling or disposal of CRTs and electronic waste.

9. Agreement Compliance. City agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Agreement.

RESPONSIBILITIES AND DUTIES OF THE DISTRICT

10. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home -generated Sharps (HGS) , and pharmace utical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner.

11. The District shall act as the generator and transporter of the Household Hazardous Wastes and shall assume responsibility for maintaining the necessary site and transportation permits. Further, the District will train City personnel (including City staff and/or its contractors) that operate the Household Hazardous Waste Collection Site and provide the Operations Manual, which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to b e followed. The District shall continue to provide an initial 32 -hour training course for new Household Hazardous Waste personnel of the City and/or its contractors and subsequent annual 8-hour “refresher” training course for City Household Hazardous Wa ste employees and/or its contractors. If there are changes to the Operations Manual, written notification and/or special training sessions shall be provided to the City at least thirty (30) days prior to their effective date. The Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary.

12. The District will provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for “over packing” the waste containers. At the termination or expiration of this Agreement, all items provided by the District shall belong to the District, unless otherwise agreed up on in writing. The District will provide an Emergency Coordinator to offer support and assistance to the City during Facility operating hours excluding County observed holidays.

13. The District shall either remove the household hazardous waste or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of household hazardous wastes at an approved facility at no additional cost to the City.

14. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.

15. The District shall compile and provi de to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City.

16. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City. 1097
Revised 7/15/19 Page 4 of 7

17. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in District’s fee ordinance. For cities or community services districts that operate their own household hazardous waste collection fa cility, if business waste is accepted at any satellite facility, the city, town or community services district will be responsible for the disposal cost of the business waste.

18. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. As provided in Paragraph 7, the public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps.

CONSIDERATION

19.In consideration for the services provided, City shall pay the District the following amount not to exceed $761,019.36:

Fiscal Year Annual Amount Amount per quarter
Effective Date through June 30,
2023
$117,178.76 $29,294.69
2023/2024 $151,662.83 $37,915.71
2024/2025 $157,433.02 $39,358.26
2025/2026 $163,831.75 $40,957.94
2026/2027 $170,913.00 $42,728.25

20. Payments will be due on October 15, January 15, April 15, and July 15 of each year through the term of the contract. From the Effective Date of this Agreement through June 30, 2023, the Annual Amount and Amount per quarter identified in Paragraph 19 is a prorated amount to the City of $117,178.76 annually, ($29,294.69 quarterly), due to the Agreement starting in September which includes a discount to assist with staffing cost for the HHW facility . For Fiscal Years 2023/2024 through 2026 /2027, the Annual Amount and Amount per quarter identified in Paragraph 1 9 includes a discount to the City of $13,200 annually, ($3,300 quarterly), to assist with staffing cost for the HHW facility.

TERM AND TERMINATION

21. This Agreement shall be effective September 11, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.

22. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.

INSURANCE AND INDEMNIFICATION

23. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

1098
Revised 7/15/19 Page 5 of 7

24. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.

Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.

Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

GENERAL TERMS AND CONDITIONS

25. Representation of the District . In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.

26. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.

27. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.

28. Agreement Amendments . City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.

29. Correction of Performance Deficiencies. Failure by City or District to comply with any of the provisions, covenants, requirements or conditions of this Agreement shall be a material breach of this Agreement.

In the event of a non -cured breach, either Party may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Afford the breaching Party, thereafter, a time period within which to cure the breach, which period shall be established at sole discretion of the other Party; and/or, B. Terminate this Contract.

30. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This 1099
Revised 7/15/19 Page 6 of 7
paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.

31. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernar dino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third -party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.

32. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the City shall notify the District within one (1) working day, in writing and by telephone.

33. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District adm inistrative officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, a ssistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.

34. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement if a Party determines that the other Party has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, either Party is entitled to pursue any available legal remedies.

35. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.

36. Severability. If any provisions of this Agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this Agreement and the application thereof to other circumstances shall nevertheless be valid.

37. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:

DISTRICT:

Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: Dana Armstrong
Environmental Programs Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392

1100
Revised 7/15/19 Page 7 of 7

38. Entire Agreement.

A. This Agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

39. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.

The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.

IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Scott Runyan, Principal Assistant County Counsel
Date Date Date

SAN BERNARDINO COUNTY FIRE PROTECTION

DISTRICT

(Print or type name of corporation, company, contractor, etc.)

Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type) By Dated:

Deputy
Address

1101

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INTENTIONALLY
1102
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water
Subject:

Request to approve award to American Landscape & Maintenance, Inc., for landscape maintenance services in Landscape Maintenance Assessment Districts (LMADs), Drainage Facilities Assessment Districts (DFADs), and Maintenance Assessment Districts (MADs)
Recommendation:

That the Honorable City Council approve the award to American Landscape & Maintenance, Inc., for landscape maintenance services in LMADs, DFADs, and MADs in the not-to-exceed amount of $780,995.00.

Fiscal Impact:

Funds have been appropriated in Fund 370 for this service and as budgeted for in the Fiscal Year 2022-2023 budget:
3705501-52300 (LMAD 1 Contract Services) $15,000.00
3705502-52300 (LMAD 2 Contract Services) $115,000.00
3705503-52300 (LMAD 3 Contract Services) $47,650.00
3705505-52300 (LMAD 5 Contract Services) $40,000.00
3705506-52300 (LMAD 6 Contract Services) $438,500.00
3705507-52300 (LMAD 7 Contract Services) $2,000.00
3705508-52300 (LMAD 8 Contract Services) $15,000.00
3705530-52300 (DFAD 1 Contract Services) $63,575.00
3705531-52300 (DFAD 2 Contract Services) $1,150.00
3705532-52300 (DFAD 3 Contract Services) $25,575.00
3705550-52300 (MAD 1 Contract Services) $10,345.00
3705551-52300 (MAD 2 Contract Services) $7,200.00
TOTAL $780,995.00
1103
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9 0
Background:

The Public Works Department is responsible for maintaining over 4,000,000 square feet of landscaped areas, primarily along city streets, amenities within the public rights-of-way, and dedicated easement areas which are funded by various assessment districts within the city receiving this special benefit. The majority of the work is accomplished through contracted services and is administered by the department in accordance with technical and general specifications as directed by the department.

Discussion:

The Public Works Department worked closely with Purchasing staff to prepare an enhanced landscape maintenance Request for Proposal (RFP) which provides a more comprehensive scope of work allowing the City to select a landscape contractor that could meet or exceed the standard of care currently established for landscape maintenance.

Staff also took a close look at the suitability of the hourly rate structure and believes this methodology is still the most effective in providing transparency, accountability, and cost- consciousness.

The RFP was published in the Daily Press on May 9, 2022, and in the San Bernardino Sun on May 16, 2022, in addition to being posted on the City’s website and listed on eBidboard.com on May 4, 2022. Proposal submittals were due on June 8, 2022, and the City received three submittals in response to the solicitation:
 Mariposa Landscape, Inc. – Irwindale, CA
 American Landscape & Maintenance, Inc. – Redlands, CA  J. Orozco Enterprises, Inc. – Pomona, CA
With guidance from Purchasing staff, a selection committee consisting of three staff members conducted a thorough review of the proposals submitted. As outlined in the RFP, the selection criteria and point system included demonstrated competence, professional qualifications, related experience, work plan approach and understanding of the City’s project requirements, and affordability. The evaluation form consisted of six categories for a total of 100 points:
(1) Qualifications (15 points);
(2) Related Experience (25 points);
(3) Business References (25 points);
(4) Work Plan Approach and Understanding of the City’s Project Requirements (15 points);
(5) Completeness of Response (10 points); and
(6) Reasonableness of the Total Price Proposal (10 points) Following these criteria, the three firms were ranked and their cost proposals opened for review and consideration in the final ranking. The following provides a summary of the rankings based on the individual scoring by committee members utilizing the selection criteria and point system as outlined above:
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2 6
9 0
Committee Member: 1 2 3
Mariposa Landscape, Inc. 90 89 84
American Landscape & Maintenance, Inc. 94 97 96
J. Orozco Enterprises, Inc. 74 75 76
Based on the scoring selection criteria, American Landscape & Maintenance, Inc. (ALM) was selected as the best qualified contractor for this project. The total hourly rate cost proposal submitted by ALM is $454.15 per hour for a 14-member maintenance crew. This hourly rate provides for the labor and equipment to perform the landscape maintenance services in accordance with the RFP scope of work in the LMADs, DFADs, and MADs, in addition to weekly coordination meetings with the contractor and city staff.

Accordingly, staff recommends the Honorable City Council approve the award to American Landscape & Maintenance, Inc., for landscape maintenance services in LMADs, DFADs, and MADs in the not to exceed amount of $780,995.00. The term of the agreement shall be for one base year ending June 30, 2023, with the option to extend the agreement for four additional one-year periods, subject to satisfactory performance as determined by the City of Victorville.

Staff remains available for any questions the City Council may have.

Attachments: A. General Services Provider Standard Agreement

1105

ATTACHMENT A

1106
1 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
AMERICAN LANDSCAPE MAINTENANCE, INC.

FOR

LANDSCAPE MAINTENANCE SERVICES FOR LMAD, DFAD
AND MAD, PROJECT CC22-079
THIS
GENERAL SERVICES PROVIDER STANDARD AGREEMENT (hereinafter “Agreement”), is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as t he “City”, and American Landscape Maintenance, Inc., a Sole Proprietor, hereinafter referred to as “Service Provider.” City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECIT
ALS:

WHERE
AS, the City requires Landscape Maintenance Services for LMAD, DFAD AND MAD; and
WHERE
AS, in light of the facts set forth above, the City desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Landscape Maintenance Services for LMAD, DFAD AND MAD; and
NOW T

HEREFORE, 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 Reci
tals 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
Serv
ice Provider shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION
The City shal
l pay a total amount not to exceed Seven Hundred Eighty Thousand Nine Hundred Ninety-five Dollars ($780,995.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 and California State 1107
2 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
Prevailing Wage Provisions, attached hereto as Exhibit “C” and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.

Section 4. BID PROPOSAL FORMS
The City shal
l pay Service Provider as provided in the Bid Proposal Forms, 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, Service Provider shall be required to submit to City monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.

Section 5. R ESERVED
Section 6. TERM OF AGREEMENT
This
Agreement shall be for an initial term of One (1) year, commencing on July 1, 2022 (the “Commencement Date”) and expiring on June 30, 2023 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

This A
greement may be extended for four (4) additional one- year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Service Provider 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 Service Provider 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 provi sions of Section 21 below. Should the City fail to give Service Provider 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 Service Provider.

Section 7. INDEPENDENT CONTRACTOR STATUS
Serv
ice Provider shall at all times during the Initial Term of this Agreement , and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.

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

SERVICE PROVIDER
a. Serv
ice Provider represents and acknowledges the following:
(1) The Cit
y is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the City. 1108
3 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
(3) The se
rvices described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The Cit
y will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement. (6) Ser
vice Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City repr
esents and acknowledges the following:
(1) S
ervice Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement. (2) The Cit
y will not hire, supervise , or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Service Provider’s employees or assistants after termination of this Agreement.
(3) N
othing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) I
t is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement. (5) S
ervice Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) U
nless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City -owned property.
(7) N
othing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not crea te a conflict of interest.

Section 9. NOT AGENT OF THE CITY
a. Nothi
ng contained in this Agreement shall be deemed, construed, or represented by the City or Service Provider or by any third person to create the relationship of principal and agent.
1109
4 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. LICENSES AND PERMITS
Serv
ice Provider represents that it has obtained and will maintain at all times during the initial Term, and ( if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications , or permits necessary for performing the services described in this Agreement.

Section 11. WARRANTY
Serv
ice Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 12. FAMILIARITY WITH WORK
Should S
ervice Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City , Service Provider shall immediately inform the City of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Doug Mathews, Director of Public Works and Water, or his designee.

Section 13. CONFLICTS OF INTEREST
Serv
ice Provider 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 Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service P rovider 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
Serv
ice Provider 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 Service Provider or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND

AUT OMOBILE LIABILITY INSURANCE
a. Serv
ice Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than Two Million Dollars ($ 2,000,000) per occurrence, and Four Million Dollars ($ 4,000,000) in the aggregate, for bodily injury, personal injury, death, loss , or 1110
5 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079

damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement , and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($ 2`,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers , agents and independent contractors in performing the services required by this Agreement.

Section 16. W

ORKERS' COMPENSATION INSURANCE

Section 17. E

NVIRONMENTAL IMPAIRMENT/POLLUTION LIABILITY

Service Provider shall procure and maintain Environmental Impairment/Pollution Liability insurance to include non- aerial spraying of pesticides and herbicides, groundwater, contamination, etc. with limits no less than $1,000,000 per occurrence, to include Sudden and Accidental and Environmental cleanup.

Section 18. A DDITIONAL INSURED

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

Section 19. W AIVER OF SUBROGATION RIGHTS

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

Section 20. P ROOF OF INSURANCE COVERAGE;

REQUIRED ENDORSEMENTS

a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insuranc e evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. 1111
6 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079

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

e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Service Provider’s insurance and shall not contribute with it.”

Section 21. T

ERMINATION 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 t his Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

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

Section 22. T IME OF THE ESSENCE

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

Section 23. IN DEMNIFICATION

a. Service Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the City), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees.

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7 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
b. The City does not and shall not waive any rights that it may have against Service Provider 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 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.

Section 24. REPORTS
Upon r
equest by Doug Mathews, Director of Public Works and Water , or his designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.

Section 25. RECORDS
a. Serv
ice Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water , or his designee, to evaluate the cost and the performance of such services.
b. Books
and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Doug Ma
thews, Director of Public Works and Water , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Recor
ds and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Doug Mathews, Director of Public Works and Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and al
l documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City upon termination of the Agreement.
b. Any dr
awings, specifications, reports, records, documents , or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law. c. Serv
ice Provider shall not disclose to any other entity or person any information regarding the activities of the City , except with th e prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law. 1113
8 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
Section 28. PRINCIPAL REPRESENTATIVES
a. Dan St
auffer, CEO , is designated as t he principal representative of Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Doug M
athews, Director of Public Works and Water, or his designee, shall be the principal representative(s) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement. c. Eit
her Party may designate another indi vidual as its princip al representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS
This A
greement may be modified or amended only by a written instrument signed by both Parties.

Section 30. ENTIRE AGREEMENT
a. This A
greement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.
b. This A
greement 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 agree
ment, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES
This A
greement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

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

Notw
ithstanding the foregoing, the Parties agree that Exhibit s “B”, attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibits “B”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit s “B”, shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
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9 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
Section 32. NOT ICES
a. Any not
ice 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 C
ity: Doug Mathews,
Director of Public Works and Water
Public Works Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Pr
ovider: Dan Stauffer, CEO
American Landscape and Maintenance, Inc.
515 New Jersey St., Ste C
Redland, CA 92373
b. Noti
ces, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF CITY OFFICERS

AND EMPLOYEES
No off
icer or employee of the City shall be personally liable to Service Provider, 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 Service Provider or to its successor (s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS
Each Pa
rty hereto has had its attorney (s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney (s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. No wai
ver shall be binding unless executed in writing by the Party making the waiver.
b. No wai
ver 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. Failur
e 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.
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10 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
Section 36. ASSIGNMENT
This
Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The perf
ormance of services by Service Provider or the payment of money by the City shall not relieve Service Provider from any obligation to correct any incomplete, inaccur ate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.

Section 38. CAPTIONS AND HEADINGS
The capti
ons and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Exc
ept as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In t
his Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY
If any
one or more of the sentences, clauses, paragraphs , or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair , or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW
The val
idity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
a. Failur
e 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.
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11 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
b. The Part
y claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any
failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the
event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES
Exc
ept with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE
All
proceedings involving disputes over the terms, provisions, covenants , or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. A TTORNEYS’ FEES
In the ev
ent any action, suit , or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement , or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys ’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
This
Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 48. REPR ESENTATIONS OF PARTIES AND

PERSON S EXECUTING AGREEMENT
a. Eac
h 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.
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12 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
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 49. COUNTERPARTS
This A
greement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF

THIS PAGE)
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13 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE

CITY OF VICTORVILLE AMERICAN LANDSCAPE AND
MAINTENANCE, INC.

By:
______________________________ By: _____________________________ Debra Jones, Dan Stauffer,
Mayor CEO
Dated:
___________________________ Dated: __________________________ ATT
EST
By:
________________________________
Jennifer Thompson,
City Clerk
Date
d:______________________________
THE C
ITY OF VICTORVILLE APPROVED AS TO STANDARD FORM:

By:
______________________________ By: _____________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:
____________________________ Dated: __________________________ 1119
14 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079

EXHIBIT A
SCOPE

OF SERVICES
City a
grees to engage Service Provider and Service Provider agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and to do the Work for the Project.

The Work shall be performed in accordance with: (i) the Specifications as generally described in the Request for Proposal, Project CC22-079 and applicable Addenda 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 Service Providers Cost Proposal (attached as Exhibit "B").

See Attachment
1120
18 CITY OF

VICTORVILLE
RFP #CC22-079 LANDSCAPE MAINTENANCE SERVICES

FOR LMAD, DFAD, AND MAD
SECTION III – SCOPE OF WORK
Table of Contents
A. Introduction
B. Background
C. Work Locations
D. Functions and Frequencies Chart
E. Technical Specifications
a. Landscape
b. Irrigation
c. General Maintenance
d. Inspection
e. Extra/Additional Work
F. General Specifications
a. City LMAD Administration
b. Project Accountability
EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
15/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1121
19 A. Introduction
a. The Con
tractor shall provide skilled landscape maintenance personnel, tools, equipment, and transportation to perform landscape maintenance services of the Landscape, Drainage, and Maintenance Assessment District properties within the jurisdiction of the City of Victorv ille Public Works Department. The Contractor agrees to provide services per the Scope of Work Functions and Frequencies Chart, Technical Specifications, General Specifications and as referenced in the City Landscape Standards (latest version) Exhibit “A” contained herein to maintain the Work Locations in a safe, attractive and useable condition.

B. Background
a. Resi
dential subdivisions special benefit improvements, submitted by developers to the City, are approved with certain conditions. One such condition requires a means to fund the continuous maintenance of the improvements of landscaping, and drainage facilities, amenities within the public right -of-way and dedicated easement areas. To meet this condition, the developers, as the sole owner of the subdivision property, petitioned the City to form assessment districts (from now on called “District”).
b. The City Di
stricts were formed pursuant to the Landscape and Lighting Act of 1972 (from now on called “Act”), which is Part 2, Division 15 of the California Streets and Highways Code. The Act provides for the establishment of landscape, drainage, and maintenance assessment districts as a perpetual mechanism to provide funds for the administration, operations, maintenance and servicing of the landscape and irrigation systems, amenities and facilities within the assessment district boundaries.
c. The Dis
tricts included in this RFP that are accepted by the City for maintenance are:
 LMAD
S 1, 2, 3, 5, 6, 7, 8
 DFADS 1, 2, 3
 MADS 1, 2
d. Coll
ectively, the districts consist of more than 4 million square feet of landscaped areas that are located in various areas throughout the City. District improvements in these areas include: plants, shrubs and trees, lighting, irrigation systems and facilities, perimeter walls and hardscape, such as rock, decomposed granite, soil, curbing, signage, etc.
e. Future LMAD, DFAD, and MAD Areas
As the City continues to grow, new sites are annexed and accepted by the City .

These new landscape areas shall be added to the maintenance maps for Contractor care.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
16/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1122
20 C. Work Locations

a. LMADS

i. LMAD 1 – City W ide I

1. The District consists of 816,342 square feet of special benefit landscaped areas located within City properties, public rights -of- ways, and dedicated easements throughout the City.

Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities.

ii. LMAD 2 – Eagl
e Ranch

1. The District consists of 696,838 square feet of special benefit, specific plan; landscaped area located within City properties, public rights -of-ways, and dedicated easements between Bear Valley and La Mesa Roads, and Cantina Drive and Topaz Road. Additional landscaped paseos and water channel improvements are located North of La Mesa Road to Mesa Linda Avenue and Park.

Improvements include entry structures and lighting, Eagle Ranch Parkway median planter, block wall and fencing, landscaping, hardscape, irrigation systems and utilities, pet waste stations, paseos with and drainage.

iii. LMAD 3 – Br
entwood

1. The District consists of 747,054 square feet of special benefit, specific plan; landscaped area located within City properties, public rights-of-ways, and dedicated easements between El Evado and Amethyst Roads, and Seneca Road and Mojave Drive.

Improvements include entry structures and lighting, block wall and fencing, landscaping, hardscape, irrigation systems and utilities, pet waste stations, and paseos.

iv. LMAD 5 – Vis
ta Verde

1. The District consists of 18,216 square feet of special benefit, specific plan; landscaped area located within City properties, public rights-of-ways, and dedicated easements west of Highway 395 between La Mesa and Palmdale Road. Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities.

v. LMAD 6 – Citywid
e II

1. The District co nsists of 622,824 square feet of special benefit landscaped areas located within City properties, public rights -of- ways, and dedicated easements throughout the City.

Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
17/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1123
21 vi. LMAD 7 – Talon Ranch

1. The District consists of 11,116 square feet of special benefit, specific plan; landscaped area located within City properties, public rights-of-ways, and dedicated easements on Luna Road just west of Mesa Linda Avenue. Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities.

vii. LMAD 8 – We
st Creek

1. The District consists of 137,451 square feet of special benefit, specific plan; landscaped area located within City properties, public rights-of-ways, and dedicated easements between Hook Blvd and Mojave Drive, and Amethyst and Topaz Roads. Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities.

b. DFADS

i. DFAD 1 – City W ide

1. The District consists of 8,640 square feet of special benefit landscaped areas located within City properties, public rights -of- ways, and dedicated easements throughout the City.

Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities and appurtenant drainage facilities.

ii. DFAD 2 – Vis
ta Verde

1. The District consists of 11,109 square feet of special benefit landscaped area located within City properties, public rights -of- ways, and dedicated easements west of Highway 395 between Luna and Dos Palmas Roads, and Mesa View and Barrington Way.

Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities and appurtenant drainage facilities.

iii. DFAD 3 – Wes
t Creek

1. The District consists of 40,649 square feet of special benefit landscaped area located within City properties, public rights -of- ways, and dedicated easements between Diamond Road and Hook Blvd, and between Hook Blvd and Mojave Drive. Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities and appurtenant drainage facilities.

c. MADS

i. MAD 1 – Las H
aciendas

1. The District consists of 55,830 square feet of special benefit landscaped area amenities located within City properties, public rights-of-ways, and dedicated easements at Papago and Chumash Roads. Improvements include block wall and fencing, landscaping, EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
18/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1124
22 hardscape, irrigation systems and utilities, playground equipment, parking lot, lighting and restroom and appurtenant facilities. ii. MAD 2 – Vist a Del Valle

1. The District consists of 29,050 square feet of special benefit, specific plan; landscaped area located within City properties, public rights-of-ways, and dedicated easements at Village Drive and Blue Canyon Road. Improvements include block wall and fencing, landscaping, hardscape, irrigation systems and utilities.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
19/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1125
D. FUNCTIONS AND FREQUENCIES CHART
EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
20/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1126
24 E. Technical Specifications
a. Landscape

i. Groundcover, Shrub, Tree Care – The Contractor shall be responsible for pruning of all plant material including groundcover, shrubs, and trees from ground level. All trees are included in required trimming operations.

1. All
ground cover, shrubs, and trees shall be kept trimmed as necessary to maintain all City signs clearly visible to traffic at all times. Shrubs shall not be allowed to grow higher than traffic sight distance allowances as determined by the City, traffic engineer.

2. The Contractor shall cultivate ground surrounding shrubs, trees and ground cover as needed to maintain a healthy vigorous appearance and growth rate.

ii. Ground Cover Car e – Shall be maintained within their intended bounds, and edged or detailed as needed to prevent growth from interfering with other plant material and from growing over curbs, sidewalks, walls, fences, controller units, valve boxes, quick couplers, or other appurtenances or fixtures.

1. All
ground cover beds shall be thinned and pruned for the health of the planting and the appearance of the site.

2. All grou nd cover beds shall be fertilized using a complete or approved fertilizer with approved rate of application four (4) times per year. The City LMAD Administration may request proof of use in the form of empty fertilizer bags at any time.

3. All bare soil or open areas shall be covered by a minimum of three (3) inches of mulch or wood chips. Areas around plants shall be cultivated routinely.

4. The Contractor shall be responsible for notifying the City LMAD Administration when areas are in need of new woodchips or mulch.

The City LMAD Administration reserves the right to have the wood chips installed in any manner that it sees fit and by whomever it sees fit.

5. All ground cover shall be adequately irrigated to maintain a healthy condition as determined by the City LMAD Administration.

6. The Contractor shall be responsible for the complete removal and replacement of ground cover, at Contractor’s expense, for any ground cover requiring replacement due to infestation or to negligence resulting from Contractor ’s failure to provide maintenance by the provisions of this RFP .

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
21/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1127
25 iii. Shrub Care - All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, streets, view of signs or in any manner deemed objectionable by the City LMAD Administration. Dead or damaged limbs or branches shall be made clean with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally by their normal growth characteristics except box hedging may be required on some shrubs, as designated by the City LMAD Administration. Shear hedging or sever pruning of plants, unless authorized by the City LMAD Administration , shall not be permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size as determined by the City LMAD Administration.

1. All
shrubs shall be fertilized using a complete or approved fertilizer and rate of application four (4) times per year.

2. The Contractor shall be responsible for the complete removal and replacement of shrubs, at Contractor’s expense due to infestation or to negligence resulting from Contractor’s failure to provide maintenance by the provisions of this RFP.

3. Vines shall be trimmed to a minimum of 6” below LMAD wall cap.

iv. Tree Care – All trees within the scope of work shall be maintained to keep the true integrity and shapes of the trees. This work shall be accomplished in a manner which will ensure that each tree is pruned and clear of the right-of-way.

1. The C ont
ractor shall prune trees for clearance. Pedestrian
clearance shall be eight feet (8’) , and vehicular clearance shall be fifteen feet (15’). Responsibility for structural grid pruning, weight reduction pruning, etc., shall be considered “Extra Work.” The City reserves the right to perform this work in any manner that it deems appropriate.

2. The Contractor shall remove or prevent encroachment where it blocks vision or is considered undesirable by the City LMAD Administration. Low branches overhanging sidewalks, driveway lanes and parking areas shall be removed to a height of eight feet (8’) above grade. Young trees needing pruning, training, and shaping to develop caliper and a robust structural framework shall allow low branching laterals and or appropriate sucker growth to remain on a continuing basis as needed.

3. All trees requiring staking shall be securely staked at all times with approved stakes and rubber cinch ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the City LMAD
EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
22/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1128
26 Administration. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six inches (6”)) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three inches (3”) above the highest tie to reduce abrasion of primary or lateral branches of the tree.

4. The Contractor shall bring to the attention of the City LMAD Administration within 24 hours any tree displaying root heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.

5. The Contractor shall be responsible for the complete removal and replacement of any and all trees as necessary and as determined by the City LMAD Administration. This tree maintenance includes, but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees’ original integrity and shape, or failure to detect and prevent treatable diseases and insect infestations.

Replacement shall be made by the Contractor in the kind and size of trees determined by the City LMAD Administration.

6. Large mature trees are to be maintained a minimum of 15 feet above ground level. All dead and damaged branches and limbs shall be removed at the point of breaking at the time breakage occurs. All trimmings and debris shall be removed and disposed of at approved City site at the end of each work day. All pruning and trimming operations shall as assigned by the City LMAD
Administration

7. Pruning shall be done according to the natural growth of each plant to maintain proper plant health by cutting out dead, diseased or injured wood; to control growth when an unshap ely shrub or tree might result, and to increase the quality of flowers. Trees and shrubs will also be trimmed as needed to prevent property damage or safety hazards such as sight restrictions, pedestrian obstruction, etc.

8. The Contractor shall trim, shape and prune trees to maintain a safe, reasonable appearance. Public safety shall be a prime
consideration in cutting trees. Tree overhang shall have a ground clearance of at least ninety-six inches (96”) or as recommended by the City LMAD Administration.

9. All trees shall be fertilized using a complete or approved fertilizer for a minimum of one (1) time per year.

10. All trees shall be properly irrigated to maintain a healthy condition as determined by the City LMAD Administration.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
23/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1129
27 v. Weeds, Disease and Pest Control - All landscape and hardscape areas within the specified scope of work (including, but not limited to shrub and ground cover, planters, tree wells, ornamental bark, wood chip or rock areas, asphalt or concrete areas) shall be kept free of weeds at all times.

The complete removal of all weed growth shall be accomplished on a continuous basis. Weeds shall be controlled by hand, weed barrier, and approved chemical methods.

1. The C ont
ractor shall be responsible for performing all chemical applications of landscape. Application schedules shall be coordinated with the City LMAD Administration.

2. The Contractor shall regularly inspect all landscaped areas for the presence of disease, insect or rodent infestation. The Contractor shall advise the City LMAD Administration on a weekly basis the detection of disease, insect or rodent infestation, and the action to be taken. Upon approval of the City LMAD Administration , the Contractor shall implement control measures, following all federal, state, county, and City laws, regulations and ordinances required for the approved work.

3. Recommended control measures shall be continued until the disease, insect or rodent is managed to the satisfaction of the City LMAD Administration . The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure the safety of the public and its employees.

vi. Replacement of Plant Materials -
The Contractor is expected to take all
reasonable steps to mitigate any likely damage to ground cover, shrubs and trees.

1. The C ont
ractor shall notify the City LMAD Administration on a
weekly basis of the loss of plant material due to any cause.

2. The Contractor shall re move shrub or ground cover, which is damaged or lost due to any reason.

3. The Contractor shall replace, at Contractor’s expense, any ground cover, trees, shrubs, or other plant material requiring replacement due to infestation or to negligence resulting from Contractor’s failure to provide maintenance following the provisions of this RFP. The size and species of replacement shrubs or ground cover plants shall be consistent with the original landscape plan. The City LMAD Administration shall approve any exceptions.

4. It is the intention of the City LMAD Administration to require a high level of quality in landscape maintenance compatible with City Landscape Standards.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
24/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1130
28 5. To ensure maximum healthy growth and overall aesthetic appearance of planting in the work area, it may be desirable to replace individual plants. The City LMAD Administration shall determine the necessity or desirability of such plant replacement. vii. Plant
Loss – I t is one of the Contractor ’s prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient deficiencies, micro -climate conditions, improper planting, or irr igation problems. The Contractor agrees to be continuously alert in locating and defining issues and agrees to exercise prompt and proper corrective action.

A preliminary written report shall be submitted for major remedial problems not covered in the Contract, along with all associated costs.

1. The Cont r
actor shall replace, at the Contractor ’s cost, any dead, stunted, or damaged plants t hat are the result primarily of the Contractor’s negligence, including but not limited to irrigation malfunctions that are not addressed within a reasonable amount of time-based on environmental conditions. Plants lost from Contractor’s negligence shall be replaced, at the Contractor ’s expense, within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant up to a maximum size of a thirty-six (36) inch box, or if smaller, the size shall be approved by the City LMAD Administration.

2. The Cont
ractor shall not be held responsible for plant losses due to maladies beyond the Contractor’s control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms, freezing/frost, and related events. The Contractor shall report all such conditions to the City in writing on a weekly basis and submit a proposal for the work or repairs along with all associated costs. The Contractor shall obtain City ’s written permission/direction or authorization before proceeding with the work.

3. The City shal
l approve all replacement plants that differ in species.

However, it is agreed that replacing plants shall not be used by the Contractor as a substitute for proper care. The City shall consider Contractor negligence a major breach of contract with full responsibility for costs and losses.

4. Dead plant
s and those in a state of decline shall be brought to the City LMAD Administration ’s attention immediately and before removal. The City shall pay labor and material for plant replacement not caused by Contractor negligence, as deemed by the City LMAD Administration, on an actual time and material basis.

5. All
new plant material and irrigation installations or repairs shall be guaranteed for ninety (90) days for unhealthy plant installation and/or poor quality. Exceptions include damage or death of plant EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
25/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1131
29 material due to wind or storm, vandalism, theft, or other acts over which the Contractor has no control. Existing installations shall be replaced by the Contractor if they die due to Contractor negligence.

All replacement plants and materials shall be inspected and approved by the City LMAD Leadworker before installation.

6. At
the end or termination of the Contract, the City reserves the sole right to withhold final payment(s) in the amount necessary to replace any damaged or dying plant material that is a result of Contractor negligence or to restore any site which is in a condition that is worse than when the Contract was executed.
viii. Pas
eos – D ue to lack of funding, and paseos in LMADs 1, 2, and 3 shall only be maintained as needed or as directed by the City LMAD Administration.
ix. Renderi
ngs – The Contractor shall provide renderings and design plans for landscape area repairs.

1. The Cont r
actor shall provide limited construction services
necessary to adequately perform appropriate landscape related work (saw cuts, concrete, signage, etc.)

2. The Con
tractor shall provide limited design oversight and
consultation services as needed.
b. Irrigation
i. General Irrigation Responsibilities – The Contractor shall repair irrigation systems, secure and maintain manual and automatic controller clocks routinely and as needed, ensure water conservation and runoff mitigation controls are implemented and participate in irrigation inspections and reporting. All necessary ground and irrigation materials for repairs, excluding tools, shall be paid for by the City.

1. The Contr
actor shall repair any damaged sprinkler heads, nozzles, swing arms, fittings, risers, lateral lines and quick couplers, resulting from everyday wear, defective parts, mower damage, etc., and shall routinely clean out sprinkler heads and lines to keep them in good operating condition at all times.

2. The Con
tractor shall repair irrigation system mainline pipes,
solenoids, valve wiring and valves resulting from normal wear, vandalism or damage by other means.

3. Spri
nkler heads must be unobstructed from grass, soil or other matter that prohibits the proper water spray. Contractor shall be responsible for making all adjustments to sprinklers including height, arc , and angle of sprinklers, risers as necessary to compensate for the growth of plant material, thatch build up, etc.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
26/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1132
30 4. Where
the installed sprinkler system does not cover or water an area adequately, the Contractor shall provide sprinklers and hoses to water the area properly.

5. Irr
igation water shall be carefully applied and in quantities required by the different plant species, time of the year, and other essential environmental factors. The effectiveness of the watering program shall be checked once a week by the Contractor.

6. Newl
y planted trees, shrubs, and ground cover shall receive particular attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms and basins shall be maintained during the establishment period.

7. Wate
ring shall be controlled to avoid excessive drainage on sidewalks, streets and play areas, creating a hazard, and wasted water. Areas referred to as “slope” will require particular attention due to severe grades and watering difficulties.

8. Any
areas that have manual watering systems must be watered as needed to keep plant material in healthy condition.
ii. Automatic Irr igation C ontrollers – Irrigation shall be done by the use of automatic sprinkler systems where available and operable; however, failure of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with complete and appropriate coverage to all areas of the work site.

1. Automa
tic irrigation shall take place at night or early morning hours only or as approved by City LMAD Administration. Irrigation schedules shall comply with City and State current rules and ordinances.

2. If an
irrigation system is inoperative for whatever reason, the Contractor MUST water the areas with manual sprinklers and hoses.

3. The Cont
ractor shall perform field observations and provide status reports to the City LMAD Administration. Specifically, the Contractor shall notify the City LMAD Administration in writing of the condition of the landscape area and irrigation system by station valve number and controller, as assigned by the City LMAD Leadworker . The irrigation system must be visually monitored a minimum of one (1) time per month to ensure the system operates at an optimum level of efficiency.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
27/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1133
31 4. Contractor shall provide to the City LMAD Administration a report of any irrigation controller setting changes for the current month in electronic format. This report shall include the following information:
a. All
irrigation programs set on controllers.
b. Irrigation schedule start times for each irrigation program. c. Irrigation run days for each irrigation program.
d. Irrigation cycle length, in minutes for each station in an irrigation program.
e. Number of repeat cycles for each station in an irrigation program.

5. All
required scheduling and operation of the automatic irrigation controllers shall reflect weather changes and water needs .

Contractor shall make adjustments to automatic controllers to establish frequency and length of watering periods only upon request by the City LMAD Administration . Any malfunction of controllers must be reported to the City along with a proposal for correction and cost.

6. All
systems shall be programmed as needed to maintain plants in a healthy condition. The irrigation controller program is to be sufficient to keep the plant material healthy without excessive water use.

Contractor shall schedule average watering as specified by the City LMAD Administration.

7. Contr
oller programs shall incorporate the following conditions:
a. Meet City Water Management requirements
b. Plan around power outage notifications and water
conservation requirements
c. Reflect actual evapotranspiration (ET Water) requirements d. Reflect real needs requirements of soil and plants
e. Eliminate runoff onto streets, sidewalks, and other non - target areas.
iii. Secure Auto matic Irrigation Controllers – Shall be kept locked at all times.

The City LMAD Leadworker will have master keys to all controllers. Where the operation of automatic irrigation controllers is required, the Contractor shall:

1. Not dupli
cate any code key furnished for access and operation of the controller.

2. Surr
ender all keys at the end of the Contract period, or at any time deemed necessary by the City LMAD Administration.

3. Prot
ect the security of the property by keeping controller cabinet and building doors locked at all times.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
28/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1134
32 4. Not use premises behind locked areas for storage of materials, supplies or tools, except as approved by the City LMAD Administration.
iv. Wat
er Conservation – The C ontractor shall turn off the irrigation system during periods of rainfall and times when the suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. When the City LMAD Administration acknowledges the necessity to turn on the water once again, all controllers shall be activated within 24 hours. Contractor shall perform all services in a manner which conserves the use of water whenever possible to the extent that such conservation does not interfere with the Contractor’s maintenance obligations.
v. Runoff Mitigation Controls – Runof f containing sediment, vegetation, construction waste, and other pollutants from landscape sites, public right- of-ways and parking areas shall be retained and monitored on site to the maximum extent practicable.

1. Any dam age
s to public and private property resulting from
excessive irrigation water or irrigation water runoff shall be charged against the Contractor’s payment unless immediate repairs are made by the Contractor to the satisfaction of the City LMAD Administration.

2. The Cont
ractor shall make whatever adjustments necessary to
prevent excessive overspray/flow into street right-of-ways or other areas not intended to receive irrigation. If overspray/runoff cannot be controlled by adjustments to the sprinklers, the Contractor shall notify the City LMAD Administration and recommend a replacement sprinkler which will reduce or eliminate the overspray/runoff. The Contractor shall replace the sprinkler at the direction of the City LMAD Administration.

3. Any s
ediment or other materials which are released from the site shall be removed and properly disposed of the same day or as soon as practicable. Where determined necessary by the City LMAD Administration, a temporary sediment barrier shall be installed.

4. Exc
avated soil located on the site shall be controlled using best management practices to eliminate any material or sediment from running into the street or adjoining properties.

5. Wash dow
n of trucks and other equipment on the work location
sites herein is prohibited.
vi. M
aterials – A ll irrigation replacement parts and materials must be equal to or better than manufacturers’ original equipment unless City representative approves a substitute in writing.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
29/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1135
33 1. Contractor shall maintain an adequate inventory of medium and high usage stock items for repair of the irrigation system.

2. Contr
actor shall implement repairs in agreement with
manufacturer’s warranties and per City Landscape Standards.

3. The City res
erves the right to purchase materials directly and make available to the Contractor.
c. Genera
l Maintenance
i. Contractor – Shall collect and dispose of all garden trimmings, litter, debris, and unwanted materials during landscape maintenance activities as directed by the City LMAD Administration. Contractor shall comply with requirement to source separate garden trimmings from other debris and trash.

1. The Cont r
actor shall collect all clippings, trimmings, cuttings, trash and debris at all work sites and dispose of same in a lawful manner delivered to City designated disposal site.

2. Contr
actor shall keep litter, trash, and other debris separate from garden trimmings (leaves, weeds, tree and shrub trimmings, grass clippings, etc.). Garden trimmings must be disposed of in designated area, separate from other trash and debris.

3. The Cont
ractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. Leaf removal shall be done as often as required to maintain a neat appearance or prevent plants from being smothered by seasonal leaf drop.

4. The Cont
ractor shall keep sidewalks and paved areas in the
medians swept and cleaned of any dirt or soil that might be washed from adjacent slopes or planted areas. Sidewalks, curb to asphalt and paved areas shall be swept and cleaned of any dirt or debris routinely and upon request.

5. The Cont
ractor shall maintain drainage courses and drains within paseos. Remove dirt, debris, litter, weeds and vegetation as necessary to allow unrestricted water flow.

6. The Contr
actor shall remove all leaves that have fallen and or
accumulated in the parking lot curb corners and the parking lot drain inlets.

7. Aft
er heavy windstorms, the entire area shall be cleaned of litter, fallen branches, etc., which are more than average amounts.

8. All
trash and debris shall be removed from all work sites as work is being performed.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
30/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1136
34 ii. Litter Control – The following tasks shall be carried out at all landscape sites on a daily basis:

1. A lit
ter run shall be performed following inclement weather or wind storm issues.

2. Areas
shall be policed and cleaned of debris and litter by the Contractor daily. All hazards, potential hazards , and damaged areas must be reported to the City LMAD Administration
immediately.

3. All tr
ash, litter, and debris collected fro m landscape maintenance activities will be disposed of appropriately and taken t o the designated City facility for disposal at the City ’s expense. Large objects or excessive amounts of trash shall be coordinated for clean up by the City LMAD Administration in conjunction with the Code Enforcement Department.
iii. Refuse Disposal

1. All wa
ste and recycling materials are to be taken to the City of Victorville Public Works Yard located at 14154 Palmdale Road and placed in the trash dumpsters and recycling and green waste containers.

2. Shopping carts collected from LMAD areas shall be taken to the City of Victorville Public Works Yard located at 14154 Palmdale Road. d. Inspecti
on
i. The City LM
AD Administration or his or her designee shall inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor of the duty to provide continuous inspection of the work area.
ii. The Cont
ractor shall correct discrepancies and deficiencies in the work immediately as determined by the City LMAD Administration. Contractor shall work with the City LMAD Administration to develop an Inspection Checklist that will be used by the City LMAD Administration to document conformance or non-conformance of the Contractors work. This list will be provided to the Contractor to identify areas requiring corrective action. e. Extr
a Work
i. In t
he event the City of Victorville should require additional work beyond the demands of these specifications, the Contractor shall perform all work at competitive predetermined pricing.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
31/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1137
35 ii. Extra Work categories shall include but are not limited to , masonry, concrete, carpentry, and any other functions covered by the C -27 license (Bid Proposal Form).

iii. The Contractor should be prepared to provide extra labor, trucks, and equipment upon request by the City LMAD Administration.

F. General Specifications

a. City LMAD Administration

i. City LMAD Administration – Shall consist of a Public Works Manager, City LMAD Administrator and LMAD Lead Worker.

1. The Con
tractor shall direct Administrative questions to the City LMAD Administrator and Field questions to the City LMAD Field Lead Worker.

2. The Contractor shall provide the LMAD Administration free and easy access to inspect and measure the manner and progress of the services at all times and to check the types and quantities of tools, equipment, supplies and all other materials used in the performance of the services. It is agreed that such inspection and measurement is not for the purpose of controlling or directing the services or employees of the Contractor , but to assure that all services meet the requirements of the contract.

3. The LMAD Administration shall decide all questions that arise as to conformance of and acceptability of tools, equipment, supplies, and all other materials and methods and procedures used in the performance of the services about the requirements included herein. The City LMAD Administration shall decide all questions which may arise as to the interpretation of the contract documents about the services and the fulfillment of the contract on the part of the Contractor.

4. The City LMAD Administration will determine the amount and quality of the several kinds of services performed and material furnished which are to be paid for under this RFP.

5. The City LMAD Administration shall have the authority to require the Contractor to make temporary changes in the assignment of routine services, tasks, and task frequencies if such changes do not affect the unit prices. Such temporary changes shall not affect the amount of payment to the Contractor.

ii. Landscape Maintenance Program Level of Service – The Cit y shall
regulate precisely the service level desired.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
32/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1138
36 1. The City and Contractor shall coordinate the landscape maintenance to include the standard of service, schedules, areas of concentration and tasks to be performed.

iii. Contract Term – The contract shall be for a one (1) year period with an option for four (4) additional one-year terms, for a maximum total contract length of five years. The City , u pon thirty (30) days written notice, may cancel the contract. The Contractor may also cancel the contract with the City upon thirty (30) days written notice.

iv. Additions/Deletions – The City reserves the right to add or delete maintenance areas at any time during the life of the contract or resulting extensions, with ten (10) days written notice to the Contractor.

v. Minimum Licensing Requirements/Experience – Cont ractors must provide and currently possess the following before submitting proposal:

1. At
least three (3) years of landscape maintenance experience within the last five (5) years of work experience, maintaining landscaped areas of a minimum of 50 acres for a single agency.

2. State of California Landscaping Contractor License, C-27.

3. State of California Agricultural Pest Control Operators License

4. Must possess a valid Qualified Applicator License (QAL) to apply or supervise the application of federally restricted use pesticides or state restricted materials for any purpose or on any property other than that provided by the definition of private applicator (Title 3 of California Code of Regulations [3 CCR], code section 6000). For more information, visit www.edpr.ca.gov/docs/license/liccert.htm.

vi. Change Orders – The City may, on occasion, without invalidating the contract, modify the contract by adding, deleting or changing areas to the contract; by adding, removing or changing usage or space; by adding, deleting or changing routine services; by deleting or changing

vii. Contract Pricing and Adjustments –
When due to weather, oversight or any
other reason, a section(s) is not maintained as agreed to, the City will not schedule make-up hours for the Cont ractor. The Contractor will be paid based off staff hours expended each week as specified on daily report reviewed and approved Daily Work Reports.

b. Proj
ect Accountability

i. Project Accountability – It is the intent of the scope of work to include all maintenance services, tools, equipment and transportation necessary to maintain all portions of the Work Locations specified in the contract. It is understood and agreed that acceptable maintenance will be performed per City Landscape Standards and shall be consistently maintained.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
33/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1139
37 1. The Contr
act is intended to be a “partnership” between the City and the Contractor. The Contractor and its employees are agents of the City of Victorville and represent the City in the performance of their work. Only Contractor’s employees or subcontractors are allowed on City premises where work is being performed. Contract work shall require daily interaction with City staff.

2. The Cont
ractor shall give his personal supervision to work
performed or have a competent Superintendent on the job site at all times during progress of the work, with authority to act for him, be responsible for adherence to specifications and be available for consultations with t he City’s representative. As such the Contractor’s Superintendent shall ensure:
ii. Crew Supervision:

1. Contr
act/Superintendent shall be immediately available at all times when Contractor employees are working on sites, must be available from 7:00 a.m. to 3:30 p.m. each day via telephone, and must respond to any emergency situation/ significant discrepancy in the Contract within two (2) hours of initial contact.

2. All of
the Contractor’s Superintendents must be qualified, proficient in English, trained and capable of providing adequate supervision and direction to all Contractor employees, and must demonstrate verbal and written communication skills sufficient for the work required herein.

3. In t
he event of the absence of the regular Superintendent, it will be the responsibility of the Contractor to designate an acting Superintendent to oversee the crew while performing the maintenance operations specified by the contract.
iii. Scheduling of Wor k – The Contractor shall work with the City to meet City objectives and goals for the assessment districts to establish a schedule of routine work to be followed in the performance of this RFP. A copy of this schedule shall be provided to and approved by the City LMAD Administration before the fulfillment of any work required by these specifications, and any changes in scheduling shall be reported in writing to the City LMAD Administration.

1. Contrac
tor/Superintendent shall perform site visits at the City’s request to include, but not limited to, determining compliance with applications and contract requirements, and to discuss required work.

2. Contr
actor/Superintendent shall attend weekly maintenance
meetings at the City or at specified Work Location(s) to discuss the maintenance activities, contract status and condition of the EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
34/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1140
38 assessment districts, including reoccurring maintenance problems, problem areas and recommendations to minimize maintenance activities, recommendations to reduce water usage, projects and project costs, and scheduling.

3. Contractor/Superintendent shall conduct and communicate work to be performed by using the City LMAD maintenance maps.

4. Contractor/Superintendent shall assign their staff to work in separate crews of at least two crew members or more and as needed for the most effective and effic ient maintenance coverage and as coordinated with the City LMAD Administration.

5. The Contractor shall not subcontract any portion of this contract or any additions made to the contract without first receiving approval from the City LMAD Administration . All persons engaged in landscape maintenance work shall be considered employees of the Contractor/Superintendent being directly responsible for their work.

The contract may not be assigned to another owner or entity without City approval.

iv. Work Hours are Reported Daily –
Contractor/Superintendent shall assign
crews a normal work schedule or days and hours consistent with the Public Works schedule.

1. Crews
shall perform the required maintenance services between the hours of 7:00 a.m. and 3:30 p.m., Monday through Friday, unless otherwise directed by the City.

2. Any modification in the hours and days of maintenance services as stated in the Contractor’s service schedule is subject to approval by the City.

3. The City will not recognize any holidays as paid holidays for the Contractor’s employees.

4. Contractor/Superintendent shall notify the City LMAD Leadworker when they arrive at the site to start work and when they finish work.

5. Contractor/Superintendent shall submit Daily Work Reports to the City at the weekly maintenance scheduling meeting for the days of work performed for the week before the meeting for hours worked per each map, cubic yards of debris removed, any complex work done.

6. The Contractor shall be responsible for its company’s labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all of the disputes between itself and its employees or any union representing such employees.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
35/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1141
39 a. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the services, the Contractor shall immediately give written notice thereof to the City LMAD Administration.

b. It shall be the Contractor ’s responsibility to provide continuous maintenance services, without interruption, to all locations specified herein. In the event of a labor strike, the Contractor shall provide other means, at the Contractor ’s cost, to provide continuous and comparable service. Failure to do so will cause the City to take any action necessary to provide the service, with any cost beyond the Contractor normal rates (which will be deducted from the Contractor ’s progress payment) to the City being borne by the
Contractor.

v. Inclement Weather Schedule Changes are
Made

1. During periods of excessive rainfall that hinders normal operations, the work schedule/workforce shall be adjusted to accomplish those activities that are not affected by weather or The prime factor s in assigning work shall be safety of the workforce and damage prevention to landscaped areas.

vi. Work Qu
ality

1. The Contractor’s maintenance crews shall consist of skilled landscape maintenance personnel, whether employee of the company or subcontractor.

2. The Contractor’s maintenance crews shall perform the work at all times in a manner which shall not interfere with normal recreation programs, school curricula , pedestrian traffic on adjacent sidewalks, or vehicular traffic on nearby streets.

3. The City LMAD Administration reserves the right to reject any landscape crew personnel or Superintendent of the Contractor ’s workforce. It shall be the Contractor’s responsibility to replace such rejected workers in a manner that will not affect the execution of the contract responsibilities as specified in the contract document.

4. The City LMAD Administration shall have the right to have Contractor’s employees or subcontractors removed from City facilities and work areas as shall be deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interest of the City . Contractor’s employees and subcontractors shall not smoke tobacco on City property.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
36/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1142
40 5. Contractor’s Superintendent and crews may be accompanied and directed by City staff as applicable.

6. Contractor/Superintendent shall direct Administrative questions to the City LMAD Administrator and Field questions to the City LMAD Lead Worker.

vii. Safety

1. Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations in performing the work under this RFP.

Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly become familiar with the safety provisions shall not relieve responsibility from compliance with the obligations and penalties set forth therein.

2. Contractor shall develop and maintain for the duration of the RFP , a safety program that shall effectively incorporate and implement all required safety provisions and appoint an employee who is qualified and authorized to supervise and enforce safety compliance.

viii. Traffic Control

1. Contractor shall follow City requirements per Caltrans standards for traffic control and road safety to include lane closures or delineations. The Contractor must obtain a current copy of the MUTCD and WATCH manuals.

2. Contractor shall submit a traffic control plan application to the City LMAD Administration and City Traffic Engineer for encroachment permit for all lane closures.

3. Traffic control shall conform to the latest Caltrans Standards to ensure safe flow of traffic , pedestrians, and safety of workers in traffic zones. All traffic control costs shall be included in the prices paid for the various contract items of work , and no additional compensation shall be allowed, therefore.

4. When entering or leaving roadways which bear public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.

5. The provisions of this section may be modified or altered if, in the opinion of the City, public traffic shall be better served, and work expedited. Such modifications or alterations shall not be adopted until approved in writing by the City Traffic Engineer.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
37/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1143
41 ix. Uniforms

1. Contr
actor shall provide uniforms, to include required safety clothing and gear, to the employees who are assigned to do the work on the contract so that the Contractor’s employees may be easily identified. Uniform apparel shall be kept neat, clean, and in good repair. Uniforms shall bear the employee’s name and logo and shall present a professional appearance.
x. Materials

1. All
Grounds and Irrigation materials and supplies will be provided by the City. The Contractor can request materials by submitting a materials purchase request to the City LMAD Administration.

2. The Con
tractor shall comply with all energy conservation and
recycling practices of the City.
xi. Vehi
cles and Equipment

1. Contr
actor shall provide all vehicles and maintenance equipment to perform the project scope of work.

2. Identi
fication of all vehicles and equipment utilized in connection with the contract shall be visibly marked with company
identification.

3. The on- sit
e Contractor/Superintendent shall ensure that all
Contractor equipment is in good working order. Any damaged equipment or equipment in need of repair shall be removed from the site. Contractor shall be responsible for any damage to the work sites, City or private property, or any injuries caused by Contractor’s equipment or personnel.
xii. Vandali
sm/Accidental Damage

1. The Con
tractor shall report without delay, damage caused to City equipment or property and shall be held responsible for the correction or replacement of any said damage caused by its act hereunder.

2. LMAD
area materials that are destroyed by vandalism, private construction or by City forces shall be the responsibility of the City of Victorville.
xiii. Key C
ontrol/Facility Access

1. The Cont
ractor/Superintendent shall be responsible for the series of keys assigned and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
38/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1144
42 and keep safe all keys or locks issued to them by the City .

2. The Contractor/Superintendent shall not duplicate and shall not allow such items to be duplicated or removed from the site of the services.

3. The Cont
ractor/Superintendent shall report all lost or stolen keys or locks to the City within twenty-four (24) hours of discovery. The Contractor shall reimburse the City for the total cost of replacement keys and locks that have been lost or stolen.

4. Upon ter
mination or cancellation of the Contract, the
Contractor/Superintendent shall immediately return all keys, cards, remotes, etc., to the City. The Contractor shall reimburse the City for the total cost of lost items.

5. An access code shall be assigned to the Contractor/Superintendent to enter the Public Works Yard at 14154 Palmdale Road to obtain LMAD materials, such as wood chips, and to drop off trash, debris, recycling, green waste, shopping carts, etc.
a. The Cont
ractor may not allow on City premises any person
who is n ot an employee or principal of the company or
anyone who is not on duty.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-079
39/General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1145
40 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079

EXHIBIT B
BID

PROPOSAL FORM
See A
ttachment
1146

EXHIBIT B
41/General Services provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1147

EXHIBIT B
42/General Services provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079 1148
43 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079

EXHIBIT C

PREVAILING WAGE PROVISIONS

1. Compliance with State and Federal Wage Requirements . As a f ederally funded Project, the work called for in this Contract must be carried out in compliance with both Federal and State prevailing wage rates, together with all other applicable State and Federal labor laws and requirements specified in the Contract Documents. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Contract and the Bid Proposal and Price Schedules submitted by Contractor, then this Contract shall control and nothing herein shall be considered as an acceptance of the terms of said Bid Proposal conflicting with the requirements of this Section.

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

3. AB219
(as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

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

6. Federal Wages – In accordance with the provisions of the Davis -Bacon Act, and related Federal labor requirements in the Contract Documents with which Contractor has agreed to comply, the Secretary of Labor has determined the general prevailing wage rates, applicable to federally funded construction projects. A copy of the current General Federal Wage Decision applicable to the work to be performed on this Project is attached to this Contract as Exhibit “D”.

Contractor and all subcontractors shall pay not less than said specified Federal rates to all workers 1149
44 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
employed by them in the execution of the work under this Contract. Contractor shall be responsible for using the correct and current Federal prevailing wage rates.

7. Payment of State Wages Required when Higher . Notwithstanding the provisions of Subsection c above, payment of State Prevailing Wage Rates when higher than Federal Wage Rates, are required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort. The City is considered a California awarding body. Therefore, the higher of State Prevailing Wage and Federal Wage Rates shall apply to this Project and shall be paid by Contractor and all subcontractors.

8. Contr
actor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

9. Contr
actor shall provide completed WEEKLY CERTIFIED PAYROLL and DAILY SIGN IN SHEETS with each invoice presented to the CITY, substantially in the form and containing the information set forth on the sample Weekly Certified Payroll and Daily Sign In Sheets provided in the Contract Documents. Payment of said invoices WILL be delayed absent these documents.

10. Con
tractor shall provide completed EMPLOYEE INFORMATION SHEETS, substantially in the form and containing the information set forth on the sample Employee Information Sheets provided in the Contract Documents, for each employee listed on the Weekly Certified Payroll or Daily Sign-In Sheets prior to, or along with the first invoice. This document is required only once per employee. Payment of said invoices WILL be delayed absent these documents.

11. The stat
utory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to CITY TWENTY -FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

12. Cont
ractors who work exclusively on small public work projects are not required to register as a public works contract or or file electronic certified reports for those projects.

Contractors are still required to maintain certified payroll records on a continuous basis and provide them to the Labor Commissioner’s Office upon request. Additionally, awarding agencies are not required to submit the notice of contract award through DIR’s PWC-100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
• $25,000
for new construction, alteration, installation, demolition, or repair • $15,000 for maintenance
1150
45 General Services Provider Standard Agreement/American Landscape and Maintenance, Inc./Project CC22-079
NOTE: 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. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
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1152
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:

Brian Gengler, City Engineer
Subject:

Wellness Center Project - Phase 1 Supplemental Work Orders Recommendation:

That the Honorable City Council:

1. Approve supplemental work orders nos. 1 through 4 resulting in an increase not to exceed $563,127.02 (in addition to a previous increase of $200,000.00) for the Wellness Center Phase 1 construction contract.

2. Approve Amendment No. 1 to the cooperative agreement with VVWRA to increase the not to exceed amount to $893,895.73 and authorize the City Attorney to make non- substantive revisions to the amendment.

Fiscal Impact:

This action will result in a fiscal impact of $563,127.02. This contract is being funded by Homekey Round 2 funds that have been awarded to this project. There are sufficient funds available in the Homekey budget to cover the capital expenses for this contract.

Please refer to the budget account number and available budget shown below:

Account Funding Source Amount
27000011-52300-97063 Homekey Grant $28,004,058.00
Background:

The Wellness Center, to be located at 16902 First Street in Old Town, will include a non- congregate design of modular housing buildings with 110 separate units allowing a minimum capacity of 170 beds. The Wellness Center will combine a low-barrier emergency shelter, recuperative care facility, medical clinic, interim housing, and wraparound support services.
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On March 15, 2022, City Council awarded a construction contract to Angeles Contractor Inc., in the amount of $4,827,947.76 for the Wellness Center Phase 1.

Also, on March 15, 2022, City Council approved a cooperative agreement with the Victor Valley Wastewater Reclamation Authority (VVWRA) for the construction of a new VVWRA sewer interceptor parallel to the existing VVWRA sewer interceptor. VVWRA will reimburse the City up to $600,000.00 for the cost to construct the interceptor. The City agreed to grant an easement to VVWRA for the new sewer interceptor.

Discussion:

Construction for Phase 1 of the Wellness Center started on April 1, 2022. The scope of the Phase 1 contract includes the following: construction of the VVWRA Interceptor through the project boundaries; grading of the site; a stormwater detention basin; and construction of underground utilities for storm drain, sewer, domestic water, and fire suppression.

There have been additional costs incurred due to ground water levels at the Wellness Center being higher than expected. The ground water is on average approximately four feet higher than indicated in the geotechnical investigation for the project that was prepared prior to the award of the Phase 1 construction contract.

On June 29, 2022, the City Manager approved a contract change order in the amount of $200,000.00 in accordance with the authority given in Victorville Municipal Code Section

2.28.180 (b). Included in the contract change order, $163,032.00 was related to additional dewatering costs. In addition, there was a $36,968.00 allowance for transportation costs for the Connect Homes modular to a storage area. Staff requested this approval so the project could continue without delays.

The term used for what would usually be referred to as a change order is “supplemental work order” (SWO) with the Sourcewell procurement process that has been utilized for this contract. Four SWO have documented the additional costs to date. SWO Nos. 1 through 3 are related to additional costs due to high ground water. SWO No. 1 is related to installing geotextile fabric and crushed rock below building pads 5, 6 and 7. SWO Nos. 2 and 3 are related to a dewatering system which was installed by the contractor to lower the ground water level sufficiently in the vicinity of the VVWRA sewer interceptor to facilitate construction. The initial system did not lower the ground water sufficiently. SWO No. 3 is the additional cost for five more wells, with the associated pumps, generators, and piping. The system consists of wells, pumps, generators, and piping. The total dewatering costs are $478,825.06.

SWO No. 4 documents the cost for transporting all of the 46 Connect Home modular shelter units. This is an added cost because it was not included in the original construction contract due to inadequate time for pricing before the award of the Phase 1 construction contract. Also, Connect Homes will not be transporting their modular units. This will be a contractor responsibility. It should be noted that in the Connect Homes contract for the modular shelter units, there is an item for the storage and transportation of the units in 1154
2 6
9 1
the amount of $246,100.00. Because this item will not be utilized, this will offset the cost of transportation added to the Phase 1 construction contract.

Shown in the table below is a summary of the SWO to date.

SWO
No. Description Amount
1 Fabric & rock under building pads 5, 6 & 7 $ 120,399.24 2 Dewatering system for VVWRA interceptor $ 165,785.99 3 Additional dewatering system for VVWRA interceptor $ 254,552.92 4 Transportation of Connect Home 46 modular shelter units $ 222,388.87 Total $ 763,127.02
Less: Previous authorization by City Manager $ (200,000.00) Request for approval by City Council $ 563,127.02
Attachment A has additional information supporting the SWO descriptions and amounts.

Staff will be pursuing credits in the SWO that will potentially reduce the not to exceed amount. Shown in the table below is a summary of the Phase 1 contract costs to date.

Phase 1 Construction Contract
Original Contract Amount $ 4,827,947.76
Total CCO $ 763,127.02 15.8%
Total Contract Amount $ 5,591,074.78
Because the SWO related to the VVWRA sewer interceptor will result in exceeding the not to exceed amount of $600,000.00, as stated in the cooperative agreement with VVWRA, it will be necessary to amend the agreement. Shown in the tables below are the amounts of the original bid, SWO’s, the not to exceed amount for the original agreement, and the new increased amount.

VVWRA
VVWRA sewer interceptor original bid $ 473,556.82
SWO Nos. 2 & 3 related to VVWRA $ 420,338.91
Total $ 893,895.73
VVWRA Agreement
Agreement original not to exceed amount $ 600,000.00 Amendment No. 1 Increase $ 293,895.73
Total $ 893,895.73
The VVWRA Board would need to approve an amendment to the agreement to increase the not to exceed amount to authorize the reimbursement to the City for the additional costs related to the dewatering.
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Staff recommends that the Honorable City Council approve supplemental work orders nos. 1 through 4 resulting in an increase not to exceed $563,127.02 (in addition to a previous increase of $200,000.00) for the Wellness Center Phase 1 construction contract, and approve Amendment No. 1 to the cooperative agreement with VVWRA to increase the not to exceed amount to $893,895.73.

Staff remains available for any questions the City Council may have.

Attachments: A. Supplemental Work Order Backup
B. Amendment No. 1 to Cooperative Agreement with VVWRA
1156

ATTACHMENT A
1157
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB06-123021-ACI
Victorville Wellness Center, phase 1 - supplemental #1
New W
ork Order
102420.01
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
06/13/2022
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Jay Kwon
714.290.7437
Owner Name: City of Victorville
Brian Gengler
760.955.5135
Angeles Contractor Inc.

Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB06-123021-ACI.

Brief Work Order Description
:

Additional items of scope, see DSOW breakdown.

X Will not apply:Liquidated Damages Will apply:

Estimated Completion Date:

Estimated Start Date: Time of Performance
Work Order Firm Fixed Price
: $120,399.24
Owner Purchase Order Number:

Approvals
Date DateContractorCity of Victorville

2.00

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Victorville City CouncilJuly 19, 2022

Victorville City Council
July 19, 2022