Victorville City Council
August 16, 2022

2.28.280 Award of consultant/professional services contracts based upon competence. (a) Factors to consider. In contracting for those consultant/professional services as defined in subsection

2.28.050(4), such contracts should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qu alifications necessary for above satisfactory performance of the services required. Once the department requesting the service has determined that a firm has an adequate level of competence, the cost of the service may be considered, however, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the city's best interest to award the contract to a firm based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship or other factors required by the requesting department or proposed by that firm, and as such factors are set forth in the city's purchasing policies and guidelines. The information needed to determine that level of competence , other qualification's and the procedure for selecting such services shall be determined by the department requesting the service.
(b) Request for proposal/qualification. The acquiring of professional services shall be procured through Negotiated Contract and may include requests for proposals/qualifications. Contracting for professional services is centralized through the purchasing division unless prior approval to decentralize is given by the city manager. Decentralized contracting for professional services shall be the responsibility of the department head requesting the service. The city manager may be contacted to assist in the formal request for proposal/qualification ("RFP/Q") process.
(c) Contracts—Informal process. The department head may recommend professional service or consulting contracts with qualified consultants/firms on file with the city. The requesting department is required to contact a minimum of three consultants/firms, unless the city manager authorized the entering into or the award of a specific service contract. The department head shall recommend to the city manager the firm or person to be awarded the contract before awarding any professional service contract. Written justification shall be provided by the department head setting forth the reasons for recommending such firm or person awarded the contract. Professional service contracts should be on the city's standard form and shall be reviewed and approved as to form by the office of the city attorney. (d) Contracts—Formal RFP/Q solicitation process. As an alternative to the procedures described in subsection (c) of this section, departments may utilize a sealed request for proposal process, administered by the city manager and subject to the following requirements:
(1) RFP/Q solicitation process. The city shall adopt a resolution describing the procedures for the formal RFP/Q solicitation process.
(2) Advertisement. The city manager shall advertise in appropriate publications and/or use the professional services listings, as available, during the solicitation process. (3) Fourteen-day notice. Notice inviting RFP/Q's should be advertised at least fourteen calendar days before the due date of submission of the RFP/Q.
(4) Notice contents. The notice shall, at a minimum, describe the general type of service needed, how the RFP/Q minimum scope of work can be obtained, the requirement of a written sealed proposal, and state the closing date, place, and time for submission of the RFP/Q. (5) Solicitation procedure. Sealed request for proposals/qualifications should be submitted to the city manager. RFP/Q's need not be opened publicly. All proposals shall be analyzed by the city manager and the requesting department for compliance with RFP/Q requirements, value of total scope of servic es and a recommendation made to city council for selection, or for follow up interviews of those submitting a proposal.

Created: 2022-04-27 14:45:06 [EST]
(Supp. No. 50, Update 1)

(e) Award. Professional service contracts with an estimated cost of more than fifty thousand dollars require the approval of the city council.
(Ord. No. 2381 , § 2, 9-18-18)

Attachment E
Municipal Code
§2.28.040
C reated: 2022 -04-27 14:45:06 [EST]
(
Supp. No. 50, Update 1)

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 cit y co
uncil 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 bi d s
pecifications;
(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
c
ontract to the lowest monetary bidder.
(Ord. No. 2381 , § 2, 9-18-18)
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: August 16, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Award Two (2) General Services Provider Agreements for Water Well Maintenance and Repair
Recommendation:

That the Honorable Victorville Water District Board of Directors award the General Services Provider Agreements for Water Well Maintenance and Repair, Project #CC23- 007, in an amount not to exceed $889,000 to Layne Christensen Company and General Pump Company, Inc.

Fiscal Impact:

The District awards the project to two contractors every fiscal year to provide added flexibility for concurrent needs, to leverage competitive pricing for various tasks, and to increase options for routine maintenance and emergency repairs. It is the District’s intent to use both suppliers on an as needed basis (no minimum order amount is guaranteed).

While both agreements will have a not to exceed amount of $889,000, the District will not exceed $889,000 for the duration of fiscal year 2023.

These contracts propose expending $889,000 of funds budgeted for the current fiscal year. The funds were budgeted under the Victorville Water District budget in the following account codes:
•4100500 – 52300 – $688,975
o4100500 – Water Fund, Production Services
o52300 – Contract Services
•4100510 – 52300 – $200,025
o4100510 – Water Fund, High Desert Power Plant
o52300 – Contract Services
2 6
8 7
Background:

Approximately 85 to 90 percent of the total annual water production for Victorville Water District (District) is pumped from groundwater wells owned and operated by the District, with the remainder being purchased from the Mojave Water Agency (MWA) through the Regional Recharge and Recovery (R-Cubed or R 3) system. The District’s groundwater supply is comprised of 34 active groundwater wells that are widely dispersed throughout the District’s service area. Water levels in the wells range from 40 feet below ground surface in wells near the Mojave River to over 500 feet below ground surface in wells southwest of the Mall of Victor Valley.

Groundwater wells require regular maintenance to keep them functioning at optimum performance levels, as well as unplanned emergency repairs. Maintenance activities can include, but are not limited to, cleaning and/or repairing well casing screens using mechanical and chemical methods, repairing or rehabilitating pumps, repairing motors, and addressing various water quality issues in the wells.

Discussion:

District and Purchasing staff conducted a competitive proposal solicitation using formal proposal procedures in accordance with Victorville Municipal Code §2.28.280. On May 20, 2022, the Notice of Inviting Bids was emailed to potential bidders, posted on the City’s website and on ebidboard. Two proposals were submitted by General Pump and Layne Christensen on June 16, 2022.

Each proposal submission was reviewed by a selection committee consisting of four (4) representatives from the Victorville Water District. Based on the committee scoring selection criteria, General Pump and Layne Christensen were both determined to be qualified contractors to perform the work. Both contractors have previously worked with the District and have provided excellent work to the District’s well sites. Additionally, the selection of the company to perform work would be based on several factors such as availability, time required to procure materials and perform repairs, expertise or prior experience with specific issues or wells, and estimated price for the work requested.

As specified in Victorville Municipal Code §2.28.280(d), the recommended contracts awarded presented herin have been evaluated in accordance with the City of Victorville Municipal Code §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 award two (2) General Services Provider Agreements for Water Well Maintenance and Repair, Project #CC23-007 in an amount not to exceed $889,000 to Layne Christensen Company and to General Pump Company, Inc.

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

Attachments: A. General Services Provider Agreement for Layne Christensen B. General Services Provider Agreement for General Pump C. Proposals Received
2 6
8 7
D. Municipal Code Section 2.28.280
E. Municipal Code Section 2.28.040

Attachment A
General Services Provider
Agreement for
Layne Christensen
1 General Services Provider Standard Agreement/Layne Christensen Company/Project CC23-007-1

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND

LAYNE CHRISTENSEN COMPANY
FOR

WATER WELL MAINTENANCE AND REPAIR SERVICES,
PROJECT CC23-007-1

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 Layne Christensen Company, a Delaware 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 Water Well Maintenance and Repair Services; 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, Water Well Maintenance and Repair Services; 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. RECITALS

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

Section 2. SCOPE OF SERVICES

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. COMPENSATION

The District shall pay a total amount not to exceed Eight Hundred Eighty -nine Thousand and 00/100 Dollars ($889,000.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.

2 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

Section 4. BID PROPOSAL FORM

The District shall pay Service Provider as provided in the Bid Proposal Form, 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 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.

Section 5. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall commenc e on date of full execution of Agreement (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. INDEPENDENT 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. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF SERVICE

PROVIDER

a. Service 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. 3 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

(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.

(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 perf orm 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. NOT 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.

4 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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. LICENSES 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. WARRANTY

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. FAMILIARITY 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 serv ices, 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

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. COMPLIANCE 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. COMMERCIAL 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 ($2 ,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or 5 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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 ($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. WORKERS' 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. HAZARDOUS MATERIALS

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

Section 18. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation 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. WAIVER 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. PROOF 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.

6 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the 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. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

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 attorneys 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.

7 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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. REPORTS

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. RECORDS

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 us e 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 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 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.

8 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

Section 28. PRINCIPAL REPRESENTATIVES

a. David Brasher, Project Manager, 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. MODIFICATIONS 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. AMBIGUITIES

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

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

Notwithstanding the foregoing, the Parties agree that Exhibit “B” 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 “B”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.

9 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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: Todd A. Howard, General Manager
Layne Christensen Company
1717 W. Park Ave.

Redlands, CA 92373

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

Section 33. NON-LIABILITY OF 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. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

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

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

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

10 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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. CAPTIONS AND HEADINGS

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

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 40. GENDER

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

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 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. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
11 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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

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

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

Section 44. CUMULATIVE REMEDIES

Except with respect to rights and rem edies 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. ATTORNEYS’ FEES

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

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the 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. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
12 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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

Section 49. COUNTERPARTS

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

(END OF THIS PAGE)

13 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

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

VICTORVILLE WATER DISTRICT LAYNE CHRISTENSEN COMPANY

By:________________________________ By:________________________________ Debra Jones, Todd A. Howard,
District Chairman General Manager

Dated:______________________________ Dated:______________________________

ATTEST

By:________________________________
Jennifer Thompson,
District Secretary

Dated:_______________________________

VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM

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

Dated:______________________________ Dated:_____________________________

14 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

EXHIBIT A

SCOPE OF SERVICES

See Attachment

VICTORVILLE WATER DISTRICT
CC23-007 WATER WELL MAINTENANCE AND REPAIR

ANNUAL SERVICE AGREEMENT
SECT

ION III

TECHNICAL PROVISIONS
A. GENERAL:

These Technical Provisions are the specifications to be followed by the Proposer in the performance of this Contract.

B. MOBILIZATION, DEMOBILIZATION, AND SITE ACCESS:

Mobilization and demobilization shall include the transportation of personnel, equipment, and operating supplies to and from the well site; establishment of portable sanitary facilities; obtaining an adequate source of fresh water from the District; and other preparatory work at the well site and mobilization for work required by the Proposer.

The Proposer shall provide a crane adequate for pump extraction and installation, tools, accessories, power, fuel, materials, supplies, lighting, water, and other equipment. The Proposer shall also provide the experienced personnel necessary to conduct efficient rehabilitation operations at the well site. The crane shall be in good condition and of such capacity to lift the entire pump bowl and column assembly.

The District will supply temporary water service for rehabilitation purposes at the well site. The Proposer shall provide portable sanitary facilities for use by all personnel connected with this well rehabilitation project, unless currently available on-site.

The Proposer shall keep the well site free from accumulations of waste materials, rubbish, and other debris resulting from the work. At completion of the work, the Proposer shall remove all waste materials, rubbish, and debris from and about the well site as well as all tools, construction equipment, fuel tanks, machinery, temporary structures, and surplus materials. The Proposer shall leave the well site dean and ready for use by the District. The Proposer shall restore all temporary work areas at the well site to their original condition.

The Proposer shall prevent damage to the well site and to the adjacent land, creeks and streets that might result from pumping water during rehabilitation, development, testing, or due to interruption or diversion of storm or wastewater during execution of the work. The Proposer shall properly dispose of all waste and nuisance water.

Bailed sediment and sand may be spread on site, providing that there’s adequate space. Free pump scale, broken pump pieces, etc., are to be removed from the well site and properly disposed of by the Proposer. The Proposer is responsible for any damages to properties adjacent to the well site caused by rehabilitation and well testing activities associated with the work described herein. '

EXHIBIT A
15/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 C. DISASSEMBLY AND REMOVAL OF WELL HOUSING AND EQUIPMENT:

The Proposer shall furnish and operate the necessary crane equipment capable of removal of roof and wall sections at the pump house, if applicable. At the conclusion of the rehabilitation, the roof and wall sections shall be replaced in the condition and location prior to their removal.

Prior to execution, the Proposer shall remove any temporary or permanent equipment from the well. This would include, but not be limited to pumps, motors, stilling pipes, and water level measuring devices.

The Proposer shall furnish and operate the necessary equipment capable of lifting the motor for removal from the base. The motor shall be unwired, disconnected from the J- box, and the a
djustable nut, coupling, keyway and bolts removed.

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide removal, disassembly, transportation, and storage of the well pump and motor. The Proposer shall transport and store the well pump, motor and ancillary equipment to the Proposer 's service yard and store said equipment in such a manner that it is protected from contamination and damage. The District may require that the motor be transported to and from a local motor repair shop.

At the Proposer 's service yard, the Proposer shall disassemble the pump and all components and ready these for inspection by the Proposer 's Project Manager and District Staff. Upon conclusion of the disassembly of the pump and related components, the Proposer shall prepare a detailed written summary report, which will include, but not be limited to, the bowl assembly make, model, serial number (if available), size, number of stages, and pump setting depth, and the column, tube, and shaft sizes. The Proposer shall not discard or service the pump, motor, or ancillary equipment without prior authorization of the District Staff.

D. VIDEO SURVEY:

The Proposer shall furnish all labor, material and equipment required to produce clear viewing conditions in the well. The Proposer will allow water to flow into the well, through a garden hose, in advance of the video survey to produce clear viewing conditions.

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide the initial video camera survey of the well. The camera used for the survey shall be equipped with centralizers and shall be capable of switching from down -hole to side-scan without the use of mirrors. In addition, the equipment used shall produce color videotape with automatic depth indication.

The camera survey shall be performed in the presence of the District Staff. The Proposer shall be required to provide whatever assistance is necessary to accomplish the survey.

The video camera shall be tested aboveground before it is inserted into the well.

Testing will address down-hole and side-scan optics and depth indicator.

EXHIBIT A
16/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 The Proposer shall perform the video camera survey throughout the full depth of the well. During the survey, the Proposer may be required to stop at various intervals and record a 360-degree rotation or portions thereof. Intervals to be inspected shall be determined by the District representative during the video logging run.

Proposer shall provide the District representative with one (1) original of the videotape(s) at the conclusion of the test, one (1) emailed copy of the video, and one (1) digital copy on a DVD disc within ten (10) calendar days of completing the survey.

These tapes shall be compatible with the VHS format and Windows Media Player. The tapes shall become the property of the District at the time the survey is completed.

At the conclusion of the video survey, the Proposer shall prepare a detailed written summary report of the findings, observations, analysis, and conclusions derived from the video survey and include the same in the report entitled "EQUIPMENT AND DOWNHOLE CONDITION REPORT FOR WELL#_". Said report shall include the well depth, static water level, type of screen and screen intervals, casing size, and a detailed list of recommendations and cost estimate using the schedule of hourly labor and equipment rates and parts submitted with the bid.

E. REMOVE FLOATING MATERIAL FROM WELL:

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide the removal of any oil or other floating material from the well.

The Proposer shall remove the material from the water surface of the well and store in pre-approved 55-gallon storage drums.

The District shall be responsible for disposal of bailed oil. The Proposer shall be responsible for transport and disposal of all other materials removed from the well offsite at an approved waste disposal facility.

F. WIRE-BRUSH AND BAIL SEDIMENT:

Following review of the initial video survey log, the Proposer shall wire brush the well.

The Proposer shall use an appropriate, snug -fitting, stiff wire brush (nylon for wire - wrapped s
creen casing and steel for louvered casing) to remove any loose material in the casing. Sediment fill shall be removed from the bottom of the well to the maximum possible extent using a bailer or scow or equivalent retrieval device. The Proposer shall brush the entire length of the casing. After sufficient brushing, the well will be allowed to sit for a 24 to 48-hour time period.

Following wire brushing and bailing of the casing, clear water preparations shall be undertaken again, and a second video survey of the well shall be performed.

Bailed material may be spread on site, space permitting. The District Staff may deem it necessary to dispose of bailed material off site, in which case the Proposer will be responsible for disposing of the bailed material at an appropriate and approved landfill. If deemed feasible, the water will be allowed to evaporate under ambient conditions. The sediment, after separation from the water, shall either be spread on site or removed from the well site for disposal by the Proposer.

EXHIBIT A
17/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 G. COLLECT SAMPLES: ENCRUSTING MATERIAL AND WELLWATER:

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide the sampling of encrusting material and water in the well. Samples of the encrustation shall be collected using a method pre-approved by the District Staff. Water samples shall be collected using a method pre- approved by the District Staff.

The video survey log will i dentify sections of the well screen or casing for sampling.

The pH of the water will be determined in the field using a pH meter.

H. FLOWMETER LOGG ING:

The flow meter logging shall be performed by a firm specializing in geophysical logging and approved by the District Staff. The Proposer shall be required to provide whatever assistance may be required to accomplish logging.

The flow
meter logging tool shall be of the impeller type and capable of measurement accuracy of 1/8 -foot per second. The flow meter used for the logging shall be equipped with centralizers unless approved otherwise by the District Staff.

Proof
of last equipment calibration shall be presented to the District Staff before the logging is performed. The calibration date shall not be greater than fourteen calendar days prior to date of surveying.

Propos
er shall provide the District representative with three (3) flow meter logs at the conclusion of the logging, and four (4) additional copies and one (1) Compact Disc within 10 calendar days of completing the Work. The logs shall become the property of the District at the time the logging is completed.

The logging shal
l be run in the presence of the District Staff and under dynamic (pump operating) conditions. Three runs shall be conducted in the well. Each of the three flow- meter r
uns shall be performed individually on separate logs from the bottom of the well upwards. On the final logs, the three logging runs shall be merged on one log sheet.

Each r
un shal
l be conducted at a constant rate of ascent. The anticipated rates are 30, 60, and 90 feet per minute. The actual rate of each run may change from the recommended rate as per direction of the District Staff. The log and heading shall comply with API RP-38 standards for format and log scales.

The logging
shall be recorded both digitally and on analog source during the logging.

The digital information shall be stored in digital format on a DVD- R CD and shall record one data point for every foot logged.

I. SUMMARY REPORT:

Following the completion of Items B through H, the District Staff and the Proposer's Project Manager will meet and confer regarding the work to be done and a report which will include, but not be limited to, the condition of major components, recommended repairs, and replacement, recommended chemical rehabilitation tasks, and estimate of costs using the labor, equipment and additional services rates submitted with the bid to perform the recommendations.

EXHIBIT A
18/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 The Proposer will then memorialize the video summary and the discussions with the Victorville Water District regarding the work recommendations in the form of a written report entitled "EQUIPMENT AND DOWNHOLE CONDITION REPORT FOR WELL#_" summarizing the condition, recommendations, and costs for rehabilitation work. The summary shall be submitted to the Victorville Water District's representative.

J. DOWNHOLE REHABILITATION AND EQUIPMENT REPAIRS: .

Upon receipt of the Proposer 's report, the District will review the Proposer 's written recommendations and cost estimate.

Within five (5) working days, the District will set up a meeting with the Proposer to:
a) review the recommendations and cost estimate; and
b) negotiate a change in contract price for the addition of repairs/replacement of the well equipment.

The District will issue a written authorization for the repair, replacement, rehabilitation, and parts procurement work upon approval from the Public Works/Water Director.

K. WELL REHABILITATION:

Upon District's authorization to proceed with rehabilitation efforts, chemical treatment of the well may commence. The chemical treatment to be performed and the method(s) of emplacement shall be determined by the Proposer.

The Proposer shall perform rehabilitation operations between the hours of 7:00 AM and 5:00 PM, Monday through Friday, with the exception of the constant-rate pumping test, which will last for 24 continuous hours at the well.

The chemicals used in the treatment process will be those proposed by the Proposer.

The chemical treatment plan proposed by the Proposer must be submitted to the District. This plan will include the following:

a. The chemicals to be used in the treatment process

b. The amount(s) of the chemical to be used (the Proposer is to show their calculations in the plan)

c. The equipment to be used in applying the chemicals

d. The method of application of the chemicals

e. The amount of residence time of the chemical in the well

f. The method(s) for removing and inhibiting or neutralizing the chemical used

g. The chemical treatment method proposed by the Proposer will be reviewed by the District

The Proposer shall furnish all labor, equipment, materials, and services to chlorinate the well. This chlorination shall be performed following well rehabilitation. A solution of 500 ppm residual chlorine shall be prepared. Prior to mixing the chlorine solution,

EXHIBIT A
19/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 the water must be prepared by buffering the water to a pH of 4.5. The buffer shall consist of NW- 310 or equivalent.

The Proposer shall use a polyethylene tank to mix the NW-310, or similar, and chlorine solution with the water. The mixed solution shall then be applied (injected) down-hole through a chemical feed line and mixed into the well by mechanical development. This process is to be repeated until all perforated sections of casing have been treated.

After all perforated sections have been treated the water column in the well shall be thoroughly agitated. Following agitation, the mixture shall be allowed to si t for a minimum period of 24 hours following chlorination. The method of chlorination must be performed as specified in order to achieve adequate chlorination of the well. No deviation from the specified process shall be allowed.

Following the 24-hour time period the Proposer shall airlift the water in the well and discharge well fluids to above-ground tanks for treatment. The Proposer shall provide a chemical to neutralize the chlorine in above-ground tanks prior to discharge.

The Proposer shall keep written records of each task completed and its duration, number and classification of personnel and equipment on-site.

The Proposer shall submit daily time sheets summarizing the written records kept as specified.

L. TREATMENT/DISCHARGE OF FLUIDS:

All waters discharge shall meet N.P.D.E.S. requirements.

Blending of discharge water: It is anticipated that the total dissolved solids (TDS) and total suspended solids (TSS) concentration of the neutralized discharge water may be elevated. Thus, this water may need to be blended with municipal -supply water to varying proportions in order to lower the elevated TDS concentrations to levels below the current Basin discharge limitations (1000 mg/I). Thus, the use of surface storage tanks and blending equipment (piping/valves) may be needed to blend the discharge.

Sampling of discharge water: Prior to any discharge occurrence, a representative sample of the fluids to be discharged shall be collected and analyzed by the District to verify that the fluids to be discharged will be below the maximum levels of the constituent as listed in the permit. If the monitor detects limits exceeding N.P.D.E.S. constituent levels, all discharge will cease.

Disposal of solids and sludges: All solids/sludges generated during the well rehabilitation process shall be contained onsite in appropriate containers. The solids shall be disposed of at a pre-approved site and proof of proper disposal shall be submitted.

M. WELL DEVELOPMENT:

The Proposer shall furnish all labor, equipment, materials, and services for the
performance of all work to provide, install, and operate a development/test pump and assoc
iated appurtenances for well development by pumping, down- hole video, and flow meter logging of the well.

EXHIBIT A
20/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 The development/test pump shall be used to develop the well following chemical treatment and conduct dynamic (pump operating) down- hole video, flow meter logging, and testing of the well as determined by the District Staff.

The pump shall be able to produce 4,000 gallons per minute under conditions existing at the site or at a rate determined by the District Staff. The Proposer shall supply and install temporary discharge piping for the test-pumping unit of sufficient size and length to conduct water to a surface discharge tank and/or waste discharge location approved by the District Staff. The District Staff shall determine the maximum allowable discharge rate. The Proposer shall supply a flow meter and totalizer that accurately measures the flow to within five (5) percent. The meter will be placed in the temporary discharge line a minimum of ten (10) pipe diameters away from any flow altering obstruction. A gate valve will be installed in the temporary discharge line to ensure a full pipe flow through the flow meter. The Proposer shall also provide a "Rossum Sand Tester" and four 3/4-inch outlets at points acceptable to the District Staff in the discharge line for sand testing, water sampling and pressure monitoring.

The annular space between well casing and column pipe of the development/test pump shall be capable of allowing tools of up to 3-inches in diameter to enter the well and pass alongside the pump and motor.

The Proposer shall submit to the District Staff a pump performance curve and details of the discharge-piping configuration for approval before the pump is installed. The pump and column shall be disinfected upon installation. The Proposer shall coordinate the scheduling of the pump installation with the District Staff at least 24 hours prior to beginning installation. The District Staff shall determine pump depth setting and the operational parameters (i.e. pumping rates and duration) prior to start of the Work. The Proposer shall operate the development/test pump by surging the well followed by c onstant rate development and over pumping, as outlined by the District Staff’s representative.

N. STEP DRAWDOWN TESTING:

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide, install, and operate a temporary test pump and associated appurtenances necessary for performing a step discharge test.

The pump shall have a variable speed drive and be able to produce 4,000 gallons per minute under the conditions existing at the site or at a rate determined by the Victorville Water District's representative. The Proposer shall supply and install temporary discharge piping for the test-pumping unit of sufficient size and length to conduct water to a discharge point approved by the District Staff. The District Staff shall determine the maximum allowable discharge rate. The Proposer shall supply a flow meter and totalizer that accurately measures the flow to within five (5) percent. The meter(s) will be placed in the temporary discharge line a minimum of ten (10) pipe diameters away from any flow altering obstruction. A gate valve will be installed in the temporary discharge line to ensure a full pipe flow through the flow meter. The Proposer shall also provide a "Rossum Sand Tester" and four 3/4-inch outlets at points acceptable to the District Staff in the discharge line for sand testing, water sampling and pressure monitoring.

The annular space between well casing and column pipe of the temporary test pump shall be capable of allowing tools of up to three (3) inches in diameter and a maximum of eleven

EXHIBIT A
21/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1

(11) feet long to enter the well and pass alongside the pump and motor.

The District Staff may supply personnel and equipment to perform draw down and recovery measurements.

The Proposer shall submit to the District Staff a pump performance curve and details of the discharge-piping configuration for approval before the pump is installed. The pump and column shall be disinfected upon installation.

The Proposer shall coordinate the scheduling of the test pumping with the District Staff at least twenty-four (24) hours in advance. The District Staff shall determine pump depth setting and the test parameters (i.e. pumping rates and duration) prior to start of the work.

The Proposer shall perform a step discharge test as outlined by the District Staff. The step discharge test may be run at rates approximately 50, 75, 100, 125 percent of the design capacity of the well. The test shall include pumping the well at four different rates. Pumping shall continue at each rate for a sufficient length of time (approximately two (2) hours per step) to bring about a relatively steady water level in the well.

Samples will be collected for sand testing every twenty (20) minutes.

If the pump motor is not capable of maintaining a steady, consistent speed, or if the pump or motor fails to operate for any period longer than three (3) minutes during the step draw down test, the test shall be repeated on the following day and the failed test shall be at the Proposer's expense.

Proposer shall measure the static water level prior to the start of testing. Proposer shall measure pumping water levels at the following intervals, unless otherwise specified by the Victorville Water District's representative.

1 to 10 minutes Measure at 1-minute intervals
10 to 30 minutes Measure at 2-minute intervals
30 to 100 minutes Measure at 5-minute intervals
100 to end of testing Measure at 10-minutes intervals

A recover
y period equal to the duration of the test shall follow the termination of the step- draw dow
n test. During the recovery period, Proposer shall not conduct any activities that might affect water levels in the well. Proposer shall be responsible for collecting water level measurements during the recovery period.

O. CONSTANT-RA TE DISCHARGE TESTING:

The Proposer shall furnish all labor, equipment, materials, and services for t he performance of all work to provide, install, and operate a temporary test pump and associated appurtenances necessary for performing a constant-rate discharge test.

The pump shall have a variable speed drive and be able to produce 3,000 gallons per minute under the conditions existing at the site or at a rate determined by the District Staff. The Proposer shall supply and install temporary discharge piping for the test - pumping uni
t of sufficient size and length to conduct water to a discharge point approved by the District Staff. The District Staff shall determine the maximum allowable discharge rate. The Proposer shall supply a flow meter and totalizer that

EXHIBIT A
22/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 accurately measures the flow to within five (5) percent. The meter(s) will be placed in the temporary discharge line a minimum of ten (10) pipe diameters away from any flow altering obstruction. A gate valve will be installed in the temporary discharge line to ensure a full pipe flow through the flow meter. The Proposer shall also provide a "Rossum Sand Tester" and four (4) 3/4-inch outlets at points acceptable to the District Staff in the discharge line for sand testing, water sampling and pressure monitoring.

The annular space between well casing and column pipe of the temporary test pump shall be capable of allowing tools of up to 3-inches in diameter and eleven (11) feet long to enter the well and pass alongside the pump and motor.

The District Staff may supply personnel and equipment to perform draw down and recovery measurements during testing.

The Proposer shall submit to the District Staff a pump performance curve and details of the discharge-piping configuration for approval before the pump is installed. The pump and column shall be disinfected upon installation.

The Proposer shall coordinate the scheduling of the test pumping with the District Staff at least twenty-four (24) hours in advance. The District Staff shall determine pump depth setting and the test parameters (i.e. pumping rate and duration) prior to start of the work.

The Proposer shall perform a constant-rate discharge test as outlined by the District Staff.

The test shall include pumping the well at one constant rate. Pumping shall continue for a sufficient length of time (approximately twelve (12) hours or as determined by the District Staff) to bring about a relatively steady water level in the well. Samples will be collected for sand testing every twenty (20) minutes during the first hour of testing and every hour thereafter.

If the pump motor is not capable of maintaining a steady, consistent speed, or if the pump or motor fails to operate for any period longer than three (3) minutes during the constant - rate discharge test, the test shall be repeated on the following day and the failed test shall be at the Proposer's expense.

Proposer shall measure the static water level prior to the start of testing. Proposer shall measure pumping water levels at the following intervals, unless otherwise specified by the District Staff.

1 to 15 minutes Measure at 1-minute intervals
15 to 30 minutes Measure at 5-minute intervals
30 to 120 minutes Measure at 10-minute intervals
120 to 300 minutes Measure at 30-minute intervals
300 to 660 minutes Measure at 60-minute intervals
660 to end of testing Measure at 90-minute intervals

A recovery period equal to the duration of the test shall follow the termination of the constant- rate discharge test. During the recovery period, Proposer shall not conduct any activities that might affect water levels in the well. Proposer shall be responsible for collecting water level measurements during the recovery period.

EXHIBIT A
23/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 P. N.P.D.E.S. PERMIT COMPLIANCE:

The Proposer shall comply with the District's N.P.D.E.S. permit, regarding disposing of solids and water generated during well redevelopment, and well testing. The water quality effluent limitations specified in the applicable National Pollution Discharge Elimination System (N.P.D.E.S.) permit.

All
solids generated during the well rehabilitation process shall be contained onsite in appropriate containers. The solids shall be disposed of at a pre-approved site and PROOF of proper disposal shall be submitted. Lab test of solids generated must be submitted to the disposal facility prior to disposal and a copy presented to the Victorville Water District prior to disposal.

Solid m
atter shall be separated from the discharge water prior to disposal. The water remaining after separation shall be discharged in accordance with the N.P.D.E.S. permit.

The Di
strict has been issued a General Waste Discharge Permit by the Regional Water Quality Control Board for de minimis discharges to surface waters. This permit authorizes the District and its Proposers working in the District, to discharge non-storm water from well installations and well maintenance operations to surface waters, provided they comply with all of the following requirements:

Propos
ers shall provide treatment equipment for wastewater not meeting discharge requirements or shall contain and arrange for off-site disposal with a waste hauler. Discharges from acid cleaning of wells may be prohibited from entering the storm drainage system based on pH (>6-9) or conductivity (>1,000 umhos/cm).

Discharges from well development sites shall not exceed the discharge specifications, receiving water limitations, prohibitions, or any other provisions of the permit at any time during the discharge and shall not contain constituent concentrations in excess of the following limits:

Constituent Maximum
Concentration
Oil and Grease 15 mg/I
Sulfides 0.4 mg/l
Total Residual Chlorine 0.1 mg/I
Total Suspended Solids 75 mg/I
Total Petroleum
Hydrocarbons
100 ug/1
Propos
ers shall monitor discharges with a "grab" sample during the first 30 minutes of each discharge (each time well is started up and discharged to the storm drain) for the following constituents and shall deliver the sample to a representative from the District:
• Total Chlorine Residual (if chlorine is in the discharge) • Total Suspended Solids (TSS)
• Total Petroleum Hydrocarbons (if site is contaminated)

EXHIBIT A
24/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 The discharge "grab" sample shall be taken and delivered in accordance with 40 CFR Part 136, including "Chain of Custody" paperwork.

A minimum level of treatment for well sites discharging sediment laden water shall be at least two 21,000-gallon Baker tanks or equivalent, in series.

At a mi
nimum, Proposers shall furnish the following discharge monitoring equipment:
• Flow meter to determine instantaneous flow rate, average and daily flow totals • TSS meter (turbidimeter) Chlorine test kit (if needed) • Chlorine test kit (if needed)
A written log of startup times, flow rates, daily total flow in gallons per day, TSS values and chlorine levels shall be maintained on the work site. Copies of the written log sheets shall be submitted to the District by the thirtieth (30th) day of each month during the project.

Q. REINSTALLATION OF EQUIPMENT AND HOUSING:

Following rehabilitation, development and testing of the well satisfactory to the District, the Proposer shall begin reassembly and reinstallation of pump equipment.

R. SONAR JETTING:

Sonar Jetting of the perforated casing shall be done per recommendations of the company doing the Sonar Jet work. Work shall be performed by a company with a minimum of 20 years’ experience using Sonar Jet Products. Such a company would be Water Well Redevelopers - (800) 213-5095 or (714) 632-7003.

S. PARTS SPECIFICATIONS:

Pumps, Pump Column, Tubing, Shafting & Bearings, Discharge Piping, Water Level Stainless Steel Airline, HD PVC Sounding Line.

T. CLEANUP AND DEMOBILIZATION:

Upon acceptance of the work by the District, the Proposer shall expeditiously remove all equipment and surplus material from the job site.

All
debris including, but not limited to, metal scrap, food wrappers, dunnage, rags, cans, bottles, paper, cardboard, sacks, and lumber shall be removed from the jobsite and taken to a licensed dumpsite for disposal by the Proposer.

The Pr
oposer shall call for a joint inspection of the site by its representative and the District.

Upon acceptance, the site responsibility will be transferred back to the District.

EXHIBIT A
25/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 26 General Services Provider Standard Agreement/ Layne Christensen Company/Project CC23-007-1

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment

EXHIBIT B
27/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1

EXHIBIT B
28/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1

EXHIBIT B
29/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1

EXHIBIT B
30/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1

EXHIBIT B
31/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1

EXHIBIT B
32/General Services Provider Standard Agreement/Layne Christensen Company/Project CC22-007-1 Attachment B
General Services Provider
Agreement for
General Pump
1 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
GENERAL PUMP COMPANY, INC.

FOR

WATER WELL MAINTENANCE AND REPAIR SERVICES,
PROJECT CC23-007
THI
S 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 General Pump Company, Inc., a California 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:

WHE
REAS, the District requires Water Well Maintenance and Repair Services; and WHE
REAS, 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, Water Well Maintenance and Repair Services; 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. RECITALS
The Rec
itals 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
Ser
vice 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. COMPENSATION
The Dist
rict shall pay a total amount not to exceed Eight Hundred Eighty -nine Thousand and 00/100 Dollars ($889,000.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4. 2 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007 Section 4. BID PROPOSAL FORM
The Dis
trict shall pay Service Provider as provided in the Bid Proposal Form , 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 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.

Section 5. RESERVED
Section 6. TERM OF AGREEMENT
Thi
s Agreement shall commenc e on date of full execution of Agreement (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.

Thi
s 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. INDEPENDENT CONTRACTOR STATUS
S
ervice 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. S
ervice Provider represents and acknowledges the following:
(
1) The District is not required to provide any training or legal counsel t o S
ervice 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. 3 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007 (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.
(
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 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 Dis
trict 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 Servic e P
rovider 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) 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 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. NOT AGENT OF THE DISTRICT
a. N
othing 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.
4 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

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. LICENSES 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. WARRANTY

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. FAMILIARITY 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. CONFLICTS 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. COMPLIANCE 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. COMMERCIAL 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 ($2 ,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or 5 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

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 ($ 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. WORKERS' 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. HAZARDOUS MATERIALS

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

Section 18. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation 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. WAIVER 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. PROOF 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.

6 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007 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. E
ach 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. E
ach 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 c
ommercial 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. TERMINATION OR SUSPENSION
a. Thi
s Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the 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. Thi
s 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. TIME OF THE ESSENCE
Ti
me is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. S
ervice 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 attorneys 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.
7 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

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. REPORTS

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. RECORDS

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 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 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 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.

8 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007 Section 28. PRINCIPAL REPRESENTATIVES
a. T
om Nanchy, Sr. Project Manager , 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. D
oug 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. E
ither Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS
Thi
s Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 30. ENTIRE AGREEMENT
a. Thi
s 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. Thi
s Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. N
o agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

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

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

No
twithstanding the foregoing, the Parties agree that Exhibit “B” 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 “B”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
9 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

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: Michael Bodart, President
General Pump Company, Inc.
159 North Acacia St.

San Dimas, CA 91773

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

Section 33. NON-LIABILITY OF 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. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

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

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

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

10 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007 Section 36. ASSIGNMENT
Thi
s Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The per
formance 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. CAPTIONS AND HEADINGS
The c
aptions 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
E
xcept as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
I
n this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

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

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

Section 43. DEFAULT
a. Fai
lure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
11 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

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

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

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

Section 44. CUMULATIVE REMEDIES

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

Section 45. VENUE

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. ATTORNEYS’ FEES

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

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the 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. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
12 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

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

Section 49. COUNTERPARTS

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

(END OF THIS PAGE)

13 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

VI
CTORVILLE WATER DISTRICT GENERAL PUMP COMPANY, INC.

B
y:________________________________ By:________________________________ Debra Jones, Michael Bodart,
District Chairman President
D
ated:______________________________ Dated:______________________________ A
TTEST
B
y:________________________________
Jennifer Thompson,
District Secretary
D
ated:_______________________________

VICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM B
y:_________________________________ By:____________________________ Lee Brown, Andre de Bortnowsky,
District Risk Manager District Legal Counsel
D
ated:______________________________ Dated:_____________________________ 14 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

EXHIBIT A

SCOPE OF SERVICES

See Attachment

VICTORVILLE WATER DISTRICT
CC23-007 WATER WELL MAINTENANCE AND REPAIR

ANNUAL SERVICE AGREEMENT
SE

CTION III

TECHNICAL PROVISIONS
A. G ENERAL:

These Technical Provisions are the specifications to be followed by the Proposer in the performance of this Contract.

B. MOBILIZATION, DEMOBILIZATION, AND SITE ACCESS:

Mobilization and demobilization shall include the transportation of personnel, equipment, and operating supplies to and from the well site; establishment of portable sanitary facilities; obtaining an adequate source of fresh water from the District; and other preparatory work at the well site and mobilization for work required by the Proposer.

The Proposer shall provide a crane adequate for pump extraction and installation, tools, accessories, power, fuel, materials, supplies, lighting, water, and other equipment. The Proposer shall also provide the experienced personnel necessary to conduct efficient rehabilitation operations at the well site. The crane shall be in good condition and of such capacity to lift the entire pump bowl and column assembly.

The District will supply temporary water service for rehabilitation purposes at the well site. The Proposer shall provide portable sanitary facilities for use by all personnel connected with this well rehabilitation project, unless currently available on-site.

The Proposer shall keep the well site free from accumulations of waste materials, rubbish, and other debris resulting from the work. At completion of the work, the Proposer shall remove all waste materials, rubbish, and debris from and about the well site as well as all tools, construction equipment, fuel tanks, machinery, temporary structures, and surplus materials. The Proposer shall leave the well site dean and ready for use by the District. The Proposer shall restore all temporary work areas at the well site to their original condition.

The Proposer shall prevent damage to the well site and to the adjacent land, creeks and streets that might result from pumping water during rehabilitation, development, testing, or due to interruption or diversion of storm or wastewater during execution of the work. The Proposer shall properly dispose of all waste and nuisance water.

Bailed sediment and sand may be spread on site, providing that there’s adequate space. Free pump scale, broken pump pieces, etc., are to be removed from the well site and properly disposed of by the Proposer. The Proposer is responsible for any damages to properties adjacent to the well site caused by rehabilitation and well testing activities associated with the work described herein. '

EXHIBIT A
15/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 C. DISASSEMBLY AND REMOVAL OF WELL HOUSING AND EQUIPMENT:

The Proposer shall furnish and operate the necessary crane equipment capable of removal of roof and wall sections at the pump house, if applicable. At the conclusion of the rehabilitation, the roof and wall sections shall be replaced in the condition and location prior to their removal.

Prior to execution, the Proposer shall remove any temporary or permanent equipment from the well. This would include, but not be limited to pumps, motors, stilling pipes, and water level measuring devices.

The Proposer shall furnish and operate the necessary equipment capable of lifting the motor for removal from the base. The motor shall be unwired, disconnected from the J- box, and th
e adjustable nut, coupling, keyway and bolts removed.

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide removal, disassembly, transportation, and storage of the well pump and motor. The Proposer shall transport and store the well pump, motor and ancillary equipment to the Proposer 's service yard and store said equipment in such a manner that it is protected from contamination and damage. The District may require that the motor be transported to and from a local motor repair shop.

At the Proposer 's service yard, the Proposer shall disassemble the pump and all components and ready these for inspection by the Proposer 's Project Manager and District Staff. Upon conclusion of the disassembly of the pump and related components, the Proposer shall prepare a detailed written summary report, which will include, but not be limited to, the bowl assembly make, model, serial number (if available), size, number of stages, and pump setting depth, and the column, tube, and shaft sizes. The Proposer shall not discard or service the pump, motor, or ancillary equipment without prior authorization of the District Staff.

D. VIDEO SURVEY:

The Proposer shall furnish all labor, material and equipment required to produce clear viewing conditions in the well. The Proposer will allow water to flow into the well, through a garden hose, in advance of the video survey to produce clear viewing conditions.

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide the initial video camera survey of the well. The camera used for the survey shall be equipped with centralizers and shall be capable of switching from down -hole to side-scan without the use of mirrors. In addition, the equipment used shall produce color videotape with automatic depth indication.

The camera survey shall be performed in the presence of the District Staff. The Proposer shall be required to provide whatever assistance is necessary to accomplish the survey.

The video camera shall be tested aboveground before it is inserted into the well.

Testing will address down-hole and side-scan optics and depth indicator.

EXHIBIT A
16/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 The Proposer shall perform the video camera survey throughout the full depth of the well. During the survey, the Proposer may be required to stop at various intervals and record a 360-degree rotation or portions thereof. Intervals to be inspected shall be determined by the District representative during the video logging run.

Proposer shall provide the District representative with one (1) original of the videotape(s) at the conclusion of the test, one (1) emailed copy of the video, and one (1) digital copy on a DVD disc within ten (10) calendar days of completing the survey.

These tapes shall be compatible with the VHS format and Windows Media Player. The tapes shall become the property of the District at the time the survey is completed.

At the conclusion of the video survey, the Proposer shall prepare a detailed written summary report of the findings, observations, analysis, and conclusions derived from the video survey and include the same in the report entitled "EQUIPMENT AND DOWNHOLE CONDITION REPORT FOR WELL#_". Said report shall include the well depth, static water level, type of screen and screen intervals, casing size, and a detailed list of recommendations and cost estimate using the schedule of hourly labor and equipment rates and parts submitted with the bid.

E. REMOVE FLOATING MATERIAL FROM WELL:

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide the removal of any oil or other floating material from the well.

The Proposer shall remove the material from the water surface of the well and store in pre-approved 55-gallon storage drums.

The District shall be responsible for disposal of bailed oil. The Proposer shall be responsible for transport and disposal of all other materials removed from the well offsite at an approved waste disposal facility.

F. WIRE-BRUSH AND BAIL SEDIMENT:

Following review of the initial video survey log, the Proposer shall wire brush the well.

The Proposer shall use an appropriate, snug -fitting, stiff wire brush (nylon for wire - wrapped
screen casing and steel for louvered casing) to remove any loose material in the casing. Sediment fill shall be removed from the bottom of the well to the maximum possible extent using a bailer or scow or equivalent retrieval device. The Proposer shall brush the entire length of the casing. After sufficient brushing, the well will be allowed to sit for a 24 to 48-hour time period.

Following wire brushing and bailing of the casing, clear water preparations shall be undertaken again, and a second video survey of the well shall be performed.

Bailed material may be spread on site, space permitting. The District Staff may deem it necessary to dispose of bailed material off site, in which case the Proposer will be responsible for disposing of the bailed material at an appropriate and approved landfill. If deemed feasible, the water will be allowed to evaporate under ambient conditions. The sediment, after separation from the water, shall either be spread on site or removed from the well site for disposal by the Proposer.

EXHIBIT A
17/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 G. COLLECT SAMPLES: ENCRUSTING MATERIAL AND WELLWATER:

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide the sampling of encrusting material and water in the well. Samples of the encrustation shall be collected using a method pre-approved by the District Staff. Water samples shall be collected using a method pre- approved by the District Staff.

The video survey log will identify sections of the well screen or casing for sampling.

The pH of the water will be determined in the field using a pH meter.

H. FLOWMETER LOG GING:

The flow meter logging shall be performed by a firm specializing in geophysical logging and approved by the District Staff. The Proposer shall be required to provide whatever assistance may be required to accomplish logging.

The fl
ow meter logging tool shall be of the impeller type and capable of measurement accuracy of 1/8 -foot per second. The flow meter used for the logging shall be equipped with centralizers unless approved otherwise by the District Staff.

Pr
oof of last equipment calibration shall be presented to the District Staff before the logging is performed. The calibration date shall not be greater than fourteen calendar days prior to date of surveying.

Pr
oposer shall provide the District representative with three (3) flow meter logs at the conclusion of the logging, and four (4) additional copies and one (1) Compact Disc within 10 calendar days of completing the Work. The logs shall become the property of the District at the time the logging is completed.

The logging s
hall be run in the presence of the District Staff and under dynamic (pump operating) conditions. Three runs shall be conducted in the well. Each of the three flow- meter
runs shall be performed individually on separate logs from the bottom of the well upwards. On the final logs, the three logging runs shall be merged on one log sheet.

Eac
h run s
hall be conducted at a constant rate of ascent. The anticipated rates are 30, 60, and 90 feet per minute. The actual rate of each run may change from the recommended rate as per direction of the District Staff. The log and heading shall comply with API RP-38 standards for format and log scales.

The loggi
ng shall be recorded both digitally and on analog source during the logging.

The digital information shall be stored in digital format on a DVD- R CD and shall record one data point for every foot logged.

I. SUMMARY REPORT:

Following the completion of Items B through H, the District Staff and the Proposer's Project Manager will meet and confer regarding the work to be done and a report which will include, but not be limited to, the condition of major components, recommended repairs, and replacement, recommended chemical rehabilitation tasks, and estimate of costs using the labor, equipment and additional services rates submitted with the bid to perform the recommendations.

EXHIBIT A
18/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 The Proposer will then memorialize the video summary and the discussions with the Victorville Water District regarding the work recommendations in the form of a written report entitled "EQUIPMENT AND DOWNHOLE CONDITION REPORT FOR WELL#_" summarizing the condition, recommendations, and costs for rehabilitation work. The summary shall be submitted to the Victorville Water District's representative.

J. DOWNHOLE REHABILITATION AND EQUIPMENT REPAIRS: .

Upon receipt of the Proposer 's report, the District will review the Proposer 's written recommendations and cost estimate.

Within five (5) working days, the District will set up a meeting with the Proposer to:
a) review the recommendations and cost estimate; and
b) negotiate a change in contract price for the addition of repairs/replacement of the well equipment.

The District will issue a written authorization for the repair, replacement, rehabilitation, and parts procurement work upon approval from the Public Works/Water Director.

K. WELL REHABILITATION:

Upon District's authorization to proceed with rehabilitation efforts, chemical treatment of the well may commence. The chemical treatment to be performed and the method(s) of emplacement shall be determined by the Proposer.

The Proposer shall perform rehabilitation operations between the hours of 7:00 AM and 5:00 PM, Monday through Friday, with the exception of the constant-rate pumping test, which will last for 24 continuous hours at the well.

The chemicals used in the treatment process will be those proposed by the Proposer.

The chemical treatment plan proposed by the Proposer must be submitted to the District. This plan will include the following:

a. The chemicals to be used in the treatment process

b. The amount(s) of the chemical to be used (the Proposer is to show their calculations in the plan)

c. The equipment to be used in applying the chemicals

d. The method of application of the chemicals

e. The amount of residence time of the chemical in the well

f. The method(s) for removing and inhibiting or neutralizing the chemical used

g. The chemical treatment method proposed by the Proposer will be reviewed by the District

The Proposer shall furnish all labor, equipment, materials, and services to chlorinate the well. This chlorination shall be performed following well rehabilitation. A solution of 500 ppm residual chlorine shall be prepared. Prior to mixing the chlorine solution,

EXHIBIT A
19/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 the water must be prepared by buffering the water to a pH of 4.5. The buffer shall consist of NW- 310 or equivalent.

The Proposer shall use a polyethylene tank to mix the NW-310, or similar, and chlorine solution with the water. The mixed solution shall then be applied (injected) down-hole through a chemical feed line and mixed into the well by mechanical development. This process is to be repeated until all perforated sections of casing have been treated.

After all perforated sections have been treated the water column in the well shall be thoroughly agitated. Following agitation, the mixture shall be allowed to si t for a minimum period of 24 hours following chlorination. The method of chlorination must be performed as specified in order to achieve adequate chlorination of the well. No deviation from the specified process shall be allowed.

Following the 24-hour time period the Proposer shall airlift the water in the well and discharge well fluids to above-ground tanks for treatment. The Proposer shall provide a chemical to neutralize the chlorine in above-ground tanks prior to discharge.

The Proposer shall keep written records of each task completed and its duration, number and classification of personnel and equipment on-site.

The Proposer shall submit daily time sheets summarizing the written records kept as specified.

L. TREATMENT/DISCHARGE OF FLUIDS:

All waters discharge shall meet N.P.D.E.S. requirements.

Blending of discharge water: It is anticipated that the total dissolved solids (TDS) and total suspended solids (TSS) concentration of the neutralized discharge water may be elevated. Thus, this water may need to be blended with municipal -supply water to varying proportions in order to lower the elevated TDS concentrations to levels below the current Basin discharge limitations (1000 mg/I). Thus, the use of surface storage tanks and blending equipment (piping/valves) may be needed to blend the discharge.

Sampling of discharge water: Prior to any discharge occurrence, a representative sample of the fluids to be discharged shall be collected and analyzed by the District to verify that the fluids to be discharged will be below the maximum levels of the constituent as listed in the permit. If the monitor detects limits exceeding N.P.D.E.S. constituent levels, all discharge will cease.

Disposal of solids and sludges: All solids/sludges generated during the well rehabilitation process shall be contained onsite in appropriate containers. The solids shall be disposed of at a pre-approved site and proof of proper disposal shall be submitted.

M. WELL DEVELOPMENT:

The Proposer shall furnish all labor, equipment, materials, and services for the
performance of all work to provide, install, and operate a development/test pump and ass
ociated appurtenances for well development by pumping, down- hole video, and flow meter logging of the well.

EXHIBIT A
20/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 The development/test pump shall be used to develop the well following chemical treatment and conduct dynamic (pump operating) down- hole video, flow meter logging, and testing of the well as determined by the District Staff.

The pump shall be able to produce 4,000 gallons per minute under conditions existing at the site or at a rate determined by the District Staff. The Proposer shall supply and install temporary discharge piping for the test-pumping unit of sufficient size and length to conduct water to a surface discharge tank and/or waste discharge location approved by the District Staff. The District Staff shall determine the maximum allowable discharge rate. The Proposer shall supply a flow meter and totalizer that accurately measures the flow to within five (5) percent. The meter will be placed in the temporary discharge line a minimum of ten (10) pipe diameters away from any flow altering obstruction. A gate valve will be installed in the temporary discharge line to ensure a full pipe flow through the flow meter. The Proposer shall also provide a "Rossum Sand Tester" and four 3/4-inch outlets at points acceptable to the District Staff in the discharge line for sand testing, water sampling and pressure monitoring.

The annular space between well casing and column pipe of the development/test pump shall be capable of allowing tools of up to 3-inches in diameter to enter the well and pass alongside the pump and motor.

The Proposer shall submit to the District Staff a pump performance curve and details of the discharge-piping configuration for approval before the pump is installed. The pump and column shall be disinfected upon installation. The Proposer shall coordinate the scheduling of the pump installation with the District Staff at least 24 hours prior to beginning installation. The District Staff shall determine pump depth setting and the operational parameters (i.e. pumping rates and duration) prior to start of the Work. The Proposer shall operate the development/test pump by surging the well followed by c onstant rate development and over pumping, as outlined by the District Staff’s representative.

N. STEP DRAWDOWN TESTING:

The Proposer shall furnish all labor, equipment, materials, and services for the performance of all work to provide, install, and operate a temporary test pump and associated appurtenances necessary for performing a step discharge test.

The pump shall have a variable speed drive and be able to produce 4,000 gallons per minute under the conditions existing at the site or at a rate determined by the Victorville Water District's representative. The Proposer shall supply and install temporary discharge piping for the test-pumping unit of sufficient size and length to conduct water to a discharge point approved by the District Staff. The District Staff shall determine the maximum allowable discharge rate. The Proposer shall supply a flow meter and totalizer that accurately measures the flow to within five (5) percent. The meter(s) will be placed in the temporary discharge line a minimum of ten (10) pipe diameters away from any flow altering obstruction. A gate valve will be installed in the temporary discharge line to ensure a full pipe flow through the flow meter. The Proposer shall also provide a "Rossum Sand Tester" and four 3/4-inch outlets at points acceptable to the District Staff in the discharge line for sand testing, water sampling and pressure monitoring.

The annular space between well casing and column pipe of the temporary test pump shall be capable of allowing tools of up to three (3) inches in diameter and a maximum of eleven

EXHIBIT A
21/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007

(11) feet long to enter the well and pass alongside the pump and motor.

The District Staff may supply personnel and equipment to perform draw down and recovery measurements.

The Proposer shall submit to the District Staff a pump performance curve and details of the discharge-piping configuration for approval before the pump is installed. The pump and column shall be disinfected upon installation.

The Proposer shall coordinate the scheduling of the test pumping with the District Staff at least twenty-four (24) hours in advance. The District Staff shall determine pump depth setting and the test parameters (i.e. pumping rates and duration) prior to start of the work.

The Proposer shall perform a step discharge test as outlined by the District Staff. The step discharge test may be run at rates approximately 50, 75, 100, 125 percent of the design capacity of the well. The test shall include pumping the well at four different rates. Pumping shall continue at each rate for a sufficient length of time (approximately two (2) hours per step) to bring about a relatively steady water level in the well.

Samples will be collected for sand testing every twenty (20) minutes.

If the pump motor is not capable of maintaining a steady, consistent speed, or if the pump or motor fails to operate for any period longer than three (3) minutes during the step draw down test, the test shall be repeated on the following day and the failed test shall be at the Proposer's expense.

Proposer shall measure the static water level prior to the start of testing. Proposer shall measure pumping water levels at the following intervals, unless otherwise specified by the Victorville Water District's representative.

1 to 10 minutes Measure at 1-minute intervals
10 to 30 minutes Measure at 2-minute intervals
30 to 100 minutes Measure at 5-minute intervals
100 to end of testing Measure at 10-minutes intervals

A recov
ery period equal to the duration of the test shall follow the termination of the step- draw d
own test. During the recovery period, Proposer shall not conduct any activities that might affect water levels in the well. Proposer shall be responsible for collecting water level measurements during the recovery period.

O. CO NSTANT -RATE DISCHARGE TESTING:

The Proposer shall furnish all labor, equipment, materials, and services for t he performance of all work to provide, install, and operate a temporary test pump and associated appurtenances necessary for performing a constant-rate discharge test.

The pump shall have a variable speed drive and be able to produce 3,000 gallons per minute under the conditions existing at the site or at a rate determined by the District Staff. The Proposer shall supply and install temporary discharge piping for the test - pumping u
nit of sufficient size and length to conduct water to a discharge point approved by the District Staff. The District Staff shall determine the maximum allowable discharge rate. The Proposer shall supply a flow meter and totalizer that

EXHIBIT A
22/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 accurately measures the flow to within five (5) percent. The meter(s) will be placed in the temporary discharge line a minimum of ten (10) pipe diameters away from any flow altering obstruction. A gate valve will be installed in the temporary discharge line to ensure a full pipe flow through the flow meter. The Proposer shall also provide a "Rossum Sand Tester" and four (4) 3/4-inch outlets at points acceptable to the District Staff in the discharge line for sand testing, water sampling and pressure monitoring.

The annular space between well casing and column pipe of the temporary test pump shall be capable of allowing tools of up to 3-inches in diameter and eleven (11) feet long to enter the well and pass alongside the pump and motor.

The District Staff may supply personnel and equipment to perform draw down and recovery measurements during testing.

The Proposer shall submit to the District Staff a pump performance curve and details of the discharge-piping configuration for approval before the pump is installed. The pump and column shall be disinfected upon installation.

The Proposer shall coordinate the scheduling of the test pumping with the District Staff at least twenty-four (24) hours in advance. The District Staff shall determine pump depth setting and the test parameters (i.e. pumping rate and duration) prior to start of the work.

The Proposer shall perform a constant-rate discharge test as outlined by the District Staff.

The test shall include pumping the well at one constant rate. Pumping shall continue for a sufficient length of time (approximately twelve (12) hours or as determined by the District Staff) to bring about a relatively steady water level in the well. Samples will be collected for sand testing every twenty (20) minutes during the first hour of testing and every hour thereafter.

If the pump motor is not capable of maintaining a steady, consistent speed, or if the pump or motor fails to operate for any period longer than three (3) minutes during the constant - rate discharge test, the test shall be repeated on the following day and the failed test shall be at the Proposer's expense.

Proposer shall measure the static water level prior to the start of testing. Proposer shall measure pumping water levels at the following intervals, unless otherwise specified by the District Staff.

1 to 15 minutes Measure at 1-minute intervals
15 to 30 minutes Measure at 5-minute intervals
30 to 120 minutes Measure at 10-minute intervals
120 to 300 minutes Measure at 30-minute intervals
300 to 660 minutes Measure at 60-minute intervals
660 to end of testing Measure at 90-minute intervals

A recovery period equal to the duration of the test shall follow the termination of the constant- rate discharge test. During the recovery period, Proposer shall not conduct any activities that might affect water levels in the well. Proposer shall be responsible for collecting water level measurements during the recovery period.

EXHIBIT A
23/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 P. N.P.D.E.S. PERMIT COMPLIANCE:

The Proposer shall comply with the District's N.P.D.E.S. permit, regarding disposing of solids and water generated during well redevelopment, and well testing. The water quality effluent limitations specified in the applicable National Pollution Discharge Elimination System (N.P.D.E.S.) permit.

Al
l solids generated during the well rehabilitation process shall be contained onsite in appropriate containers. The solids shall be disposed of at a pre-approved site and PROOF of proper disposal shall be submitted. Lab test of solids generated must be submitted to the disposal facility prior to disposal and a copy presented to the Victorville Water District prior to disposal.

Sol
id matter shall be separated from the discharge water prior to disposal. The water remaining after separation shall be discharged in accordance with the N.P.D.E.S. permit.

The D
istrict has been issued a General Waste Discharge Permit by the Regional Water Quality Control Board for de minimis discharges to surface waters. This permit authorizes the District and its Proposers working in the District, to discharge non-storm water from well installations and well maintenance operations to surface waters, provided they comply with all of the following requirements:

Pr
oposers shall provide treatment equipment for wastewater not meeting discharge requirements or shall contain and arrange for off-site disposal with a waste hauler. Discharges from acid cleaning of wells may be prohibited from entering the storm drainage system based on pH (>6-9) or conductivity (>1,000 umhos/cm).

Discharges from well development sites shall not exceed the discharge specifications, receiving water limitations, prohibitions, or any other provisions of the permit at any time during the discharge and shall not contain constituent concentrations in excess of the following limits:

Constituent Maximum
Concentration
Oil and Grease 15 mg/I
Sulfides 0.4 mg/l
Total Residual Chlorine 0.1 mg/I
Total Suspended Solids 75 mg/I
Total Petroleum
Hydrocarbons
100 ug/1
Pr
oposers shall monitor discharges with a "grab" sample during the first 30 minutes of each discharge (each time well is started up and discharged to the storm drain) for the following constituents and shall deliver the sample to a representative from the District:
• Total Chlorine Residual (if chlorine is in the discharge) • Total Suspended Solids (TSS)
• Total Petroleum Hydrocarbons (if site is contaminated)

EXHIBIT A
24/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 The discharge "grab" sample shall be taken and delivered in accordance with 40 CFR Part 136, including "Chain of Custody" paperwork.

A minimum level of treatment for well sites discharging sediment laden water shall be at least two 21,000-gallon Baker tanks or equivalent, in series.

At a
minimum, Proposers shall furnish the following discharge monitoring equipment:
• Flow meter to determine instantaneous flow rate, average and daily flow totals • TSS meter (turbidimeter) Chlorine test kit (if needed) • Chlorine test kit (if needed)
A written log of startup times, flow rates, daily total flow in gallons per day, TSS values and chlorine levels shall be maintained on the work site. Copies of the written log sheets shall be submitted to the District by the thirtieth (30th) day of each month during the project.

Q. REINSTALLATION OF EQUIPMENT AND HOUSING:

Following rehabilitation, development and testing of the well satisfactory to the District, the Proposer shall begin reassembly and reinstallation of pump equipment.

R. SONAR JETTING:

Sonar Jetting of the perforated casing shall be done per recommendations of the company doing the Sonar Jet work. Work shall be performed by a company with a minimum of 20 years’ experience using Sonar Jet Products. Such a company would be Water Well Redevelopers - (800) 213-5095 or (714) 632-7003.

S. PARTS SPECIFICATIONS:

Pumps, Pump Column, Tubing, Shafting & Bearings, Discharge Piping, Water Level Stainless Steel Airline, HD PVC Sounding Line.

T. CLEANUP AND DEMOBILIZATION:

Upon acceptance of the work by the District, the Proposer shall expeditiously remove all equipment and surplus material from the job site.

Al
l debris including, but not limited to, metal scrap, food wrappers, dunnage, rags, cans, bottles, paper, cardboard, sacks, and lumber shall be removed from the jobsite and taken to a licensed dumpsite for disposal by the Proposer.

The P
roposer shall call for a joint inspection of the site by its representative and the District.

Upon acceptance, the site responsibility will be transferred back to the District.

EXHIBIT A
25/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 26 General Services Provider Standard Agreement/General Pump Company, Inc./Project CC23-007

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment

EXHIBIT A
27/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007

EXHIBIT A
28/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007

EXHIBIT A
29/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007

EXHIBIT A
30/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007

EXHIBIT A
31/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007

EXHIBIT A
32/General Services Provider Standard Agreement/General Pump Company, Inc./Project CC22-007 Attachment C
Proposals Received

Attachment D
Municipal Code
§2.28.280

Created: 2022-04-27 14:45:06 [EST]
(Supp. No. 50, Update 1)

2.28.280 Award of consultant/professional services contracts based upon competence. (a) Factors to consider. In contracting for those consultant/professional services as defined in subsection

2.28.050(4), such contracts should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qu alifications necessary for above satisfactory performance of the services required. Once the department requesting the service has determined that a firm has an adequate level of competence, the cost of the service may be considered, however, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the city's best interest to award the contract to a firm based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship or other factors required by the requesting department or proposed by that firm, and as such factors are set forth in the city's purchasing policies and guidelines. The information needed to determine that level of competence , other qualification's and the procedure for selecting such services shall be determined by the department requesting the service.
(b) Request for proposal/qualification. The acquiring of professional services shall be procured through Negotiated Contract and may include requests for proposals/qualifications. Contracting for professional services is centralized through the purchasing division unless prior approval to decentralize is given by the city manager. Decentralized contracting for professional services shall be the responsibility of the department head requesting the service. The city manager may be contacted to assist in the formal request for proposal/qualification ("RFP/Q") process.
(c) Contracts—Informal process. The department head may recommend professional service or consulting contracts with qualified consultants/firms on file with the city. The requesting department is required to contact a minimum of three consultants/firms, unless the city manager authorized the entering into or the award of a specific service contract. The department head shall recommend to the city manager the firm or person to be awarded the contract before awarding any professional service contract. Written justification shall be provided by the department head setting forth the reasons for recommending such firm or person awarded the contract. Professional service contracts should be on the city's standard form and shall be reviewed and approved as to form by the office of the city attorney. (d) Contracts—Formal RFP/Q solicitation process. As an alternative to the procedures described in subsection (c) of this section, departments may utilize a sealed request for proposal process, administered by the city manager and subject to the following requirements:
(1) RFP/Q solicitation process. The city shall adopt a resolution describing the procedures for the formal RFP/Q solicitation process.
(2) Advertisement. The city manager shall advertise in appropriate publications and/or use the professional services listings, as available, during the solicitation process. (3) Fourteen-day notice. Notice inviting RFP/Q's should be advertised at least fourteen calendar days before the due date of submission of the RFP/Q.
(4) Notice contents. The notice shall, at a minimum, describe the general type of service needed, how the RFP/Q minimum scope of work can be obtained, the requirement of a written sealed proposal, and state the closing date, place, and time for submission of the RFP/Q. (5) Solicitation procedure. Sealed request for proposals/qualifications should be submitted to the city manager. RFP/Q's need not be opened publicly. All proposals shall be analyzed by the city manager and the requesting department for compliance with RFP/Q requirements, value of total scope of servic es and a recommendation made to city council for selection, or for follow up interviews of those submitting a proposal.

Created: 2022-04-27 14:45:06 [EST]
(Supp. No. 50, Update 1)

(e) Award. Professional service contracts with an estimated cost of more than fifty thousand dollars require the approval of the city council.
(Ord. No. 2381 , § 2, 9-18-18)

Attachment E
Municipal Code
§2.28.040
C reated: 2022 -04-27 14:45:06 [EST]
(
Supp. No. 50, Update 1)

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 cit y co
uncil 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 bi d s
pecifications;
(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
c
ontract to the lowest monetary bidder.
(Ord. No. 2381 , § 2, 9-18-18)
Item Number: 19
City Council / Successor Agency Board
Written Communications
Meeting of: August 16, 2022
Submitted By:

Sophie Smith, Deputy City Manager

Subject:

Two Loan Agreements between the Successor Agency to the Victorville Redevelopment Agency ("Successor Agency") and the Victorville Housing Successor Agency (“Housing Successor”) to repay amounts borrowed by the Victor Valley Economic Development Authority
Recommendation:

That the Successor Agency Board adopt Resolution No. R-SA-22-006, finding that the original loans were for legitimate redevelopment purposes and approving both Loan Agreements.

Fiscal Impact:

Under the Loan Agreements, the Successor Agency would repay $8,750,000 in principal, plus interest, to the Housing Successor. Payments would come from the Successor Agency’s Redevelopment Property Tax Trust Fund and would be subject to approval on a future Recognized Obligation Payment Schedule (“ROPS”). The Housing Successor would be able to spend payments received on affordable housing, subject to the requirements of HSC Sections 34170 et seq., (Redevelopment Dissolution Law).

Background:

Prior to the dissolution of redevelopment agencies, the Victor Valley Economic Development Authority (“VVEDA”) entered into two loans. As part of the “SERAF Loan,” dated May 4, 2010, VVEDA borrowed $5,000,000 from its Low- and Moderate-Income Housing Fund (“Housing Fund”) to partially fund the $7,177,655 payment representing the City of Victorville’s portion of the VVEDA Project Area 2009-10 Supplemental Educational Revenue Augmentation Funds (“SERAF”) payment. This payment was 2 7
4 8
required by State Assembly Bill X4 26, and borrowing from the Housing Fund to make the payment was permitted by State Senate Bill 68.

As part of the “Property Acquisition Loan,” dated October 3, 2006, VVEDA borrowed $3,750,000 to acquire a property for redevelopment, in accordance with the Redevelopment Plan. The property is known as the Clauson Property and is located near the northwest corner of Amargosa Road and Eucalyptus Street. The Assessor’s Parcel Number is 3072-251-29. The property was purchased for use in the planned Eucalyptus freeway interchange and remains vacant. The funds were also borrowed from the Housing Fund. The original promissory note was amended by a promissory note dated March 16, 2010 that extended the loan term.

Both the SERAF Loan and the Property Acquisition Loan (collectively the “Housing Loans”) were included on the Victorville Housing Successor Agency’s Housing Assets Transfer form, reviewed and approved by the California Department of Finance (“DOF”).

Discussion:

HSC Section 34171 (d)(1)(G) indicates that “amounts borrowed from, or payments owing to, the Low- and Moderate-Income Housing Fund of a redevelopment agency” can be considered an enforceable obligation, “provided, however, that the repayment schedule is approved by the oversight board.” This applies to the SERAF and Property Acquisition loans as both loans were advances from the Housing Fund.

On January 10, 2022, VVEDA requested and received approval from the San Bernardino Countywide Oversight Board (“CWOB”) to re-establish and to repay the Housing Loans.

However, DOF issued a determination letter dated March 11, 2022, stating that the Housing Loans are not enforceable obligations of the VVEDA Successor Agency, but “may be enforceable obligations for the Victorville Successor Agency.” Based on DOF’s suggestion and the fact that the amounts borrowed were from the Victorville portion of VVEDA funds, the Victorville Successor Agency seeks approval to repay the Housing Loans itself.

Per Dissolution Law, the Successor Agency’s actions are subject to the review and approval of the CWOB, whose actions are subject to the review and approval of DOF.

HSC Section 34171 (d)(1)(G) also specifies that housing loan repayment proceeds “shall be used in a manner consistent with the affordable housing requirements” that applied to affordable housing funding under Community Redevelopment Law. HSC Section 34191.4 (b) details that “loan agreements entered into between the redevelopment agency and the city… that created the redevelopment agency shall be deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for 2 7
4 8
legitimate redevelopment purposes” and provides guidelines regarding loan repayment, including how interest is to be calculated, when payments can be made, and a limit on payments in any given year.

Finding that the Housing Loans were for legitimate redevelopment purposes and approving estimated repayment schedules will further the Victorville Successor Agency dissolution by paying down outstanding loan liabilities.

Staff remains available for any questions or comments you may have.

Attachments: A. Successor Agency Resolution No. R-SA-22-006 B. Supplemental Educational Revenue Augmentation Fund Loan Original Promissory Note
C. Property Acquisition Loan Original Agreement
D. Supplemental Educational Revenue Augmentation Fund Loan Journal Entry
E. Property Acquisition Loan Journal Entry
1 ATTACHMENT A
Resolution No. R-SA-22-006

2 RESOLUTION NO. R-SA-22-006

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY (“SUCCESSOR AGENCY”) MAKING A

FINDING THAT THE SUPPLEMENTAL EDUCATIONAL REVENUE

AUGMENTATION FUND LOAN AND THE PROPERTY ACQUISITION

LOAN ASSOCIATED WITH THE VICTORVILLE PORTION OF THE

VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY WERE

FOR LEGITIMATE REDEVELOPMENT PURPOSES AND T AKING

CERTAIN RELATED ACTIONS
WHEREAS, the Successor Agency to the Victorville Redevelopment Agency ("Successor Agency") is required to undertake a number of actions pursuant to Part 1.85 of the Community Redevelopment Law (commencing with California Health and Safety Code (“HSC”) Section 34170) ("Part 1.85"), including winding down the affairs of the Victorville Redevelopment Agency ("Former Agency") pursuant to HSC Section 34177; and
WHEREAS, HSC 34171(d) and HSC 34191.4(b) permit amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency to be considered an enforceable obligation, provided that an oversight board makes a finding that the loan was for a legitimate redevelopment purpose and approves a repayment schedule; and WHEREAS, the Victor Valley Economic Development Authority ( “VVEDA”) had to pay a Fiscal Year (FY) 2009-10 Supplemental Educational Revenue Augmentation Fund ( “SERAF”) payment, of which the City of Victorville’s portion was $7,177,655; and WHEREAS, City staff determined that there were insufficient funds available to pay the City’s portion of the VVEDA SERAF payment, and therefore VVEDA borrowed a total of $5,000,000 (“SERAF Loan”) from the City’s portion of the VVEDA Low and Moderate Income Housing Fund (“Housing Fund”) to fund part of the City’s portion of the VVEDA SERAF payment; and
WHEREAS, VVEDA borrowed a total of $3,750,000 ( “Property Acquisition Loan, ” and collectively, the “Loans” ) from the City of Victorville’s portion of the VVEDA Low and Moderate Income Housing Fund to fund purchase of a property known as the “Clauson Property” (Assessor’s Parcel Number 3072- 251-29) to further redevelopment activities in the City of Victorville’s portion of the VVEDA Project Ar ea, specifically for use as part of the planned Eucalyptus freeway interchange; and
WHEREAS, the VVEDA Successor Agency submitted for and received approval from the San Bernardino Countywide Oversight Board (“CWOB”) on January 10, 2022 to re-establish and repay the Loans; and
WHEREAS, the California Department of Finance (“DOF”) denied the CWOB action in a March 11
th, 2022 determination letter, in which DOF stated that the Loans are not enforceable 3 obligations of the VVEDA Successor Agency, but “may be enforceable obligations for the Victorville Successor Agency.”

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

1. The above recitals are true and correct and are a substantive part of this Resolution and incorporated by this reference herein.

2. The Successor Agency hereby agrees that the SERAF Loan was for legitimate redevelopment purposes and assumes the SERAF Loan as detailed in the Restated SERAF Loan Agreement, attached hereto as Exhibit A.

3. The Successor Agency hereby agrees that the Property Acquisition Loan was for legitimate redevelopment purposes and assumes the Property Acquisition Loan as detailed in the Restated Property Acquisition Loan Agreement, attached hereto as Exhibit B.

4. The Loan repayment schedules as shown in Exhibit C are estimated based on projected revenues and may be modified based on actual revenues and in accordance with HSC Section 34191.4(b).

5. The officers of the Successor Agency are hereby authorized, jointly and severally, to execute and deliver any and all necessary documents and instruments and to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Loan Agreements , including submission of the Loans for approval by the San Bernardino Countywide Oversight Board. Any actions previously taken by officers of the Successor Agency consistent with the purposes of this Resolution and the Loan Agreements are hereby ratified and confirmed.

4 Exhibit A to Resolution No. R-SA-22-06

SERAF Loan Agreement between the Victorville
Housing Successor Agency and the Successor Agency
to the Victorville Redevelopment Agency

5 AMENDED AND RESTATED LOAN AGREEMENT FOR THE VICTOR VALLEY

ECONOMIC DEVELOPMENT AUTHORITY SUPPLEMENTAL EDUCATIONAL

REVENUE AUGMENTATION FUND LOAN

This AMENDED AND RESTATED LOAN AGREEMENT (“Agreement”) is made this ___ day of ________, 2022 , by and between the SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY, a successor agency established pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (“Dissolution Law”) and representing the “non- housing” fund of the Victorville share of the former Victor Valley Economic Development Authority (“Borrower”), and the VICTORVILLE HOUSING SUCCESSOR AGENCY , a low and moderate income housing successor agency established pursuant to Dissolution Law and representing the low and moderate income housing asset fund of the Victorville share of the former Victor Valley Economic Development Authority (“Lender”).

RECITALS

A. O n May 4, 2010, the Victor Valley Economic Development Authority (“VVEDA”) executed a promissory note (“Promissory Note”) to borrow $5,000,000 from Lender to fund part of Victorville’s portion of the VVEDA Fiscal Year ( “FY”) 2009-10 Supplemental Educational Revenue Augmentation Fund (“SERAF”) payment (“SERAF Loan”).

B. T he dissolution of California redevelopment agencies by Assembly Bill X1 26 prevented repayment of the SERAF Loan according to the terms of the Promissory Note.

C. Dissolution Law details the process for reinstatement and repayment of loans borrowed by former redevelopment agencies, subject to approval from a county oversight board and the California Department of Finance (“DOF”).

D. T he VVEDA Successor Agency submitted for and received approval from the San Bernardino Countywide Oversight Board (“CWOB”) to re-establish and repay the SERAF Loan.

E. DOF denied the CWOB action in a March 11
th, 2022 determination letter, stating that the
SERAF Loan and the “Property Acquisition Loan” are not enforceable obligations of the VVEDA Successor Agency, but “may be enforceable obligations for the Victorville Successor Agency.”

AGREEMENT

NOW THEREFORE, in consideration of the mutual promises and obligations of the parties contained herein, Borrower and Lender hereby covenant and agree as follows:

Section 1. Recitals. The Borrower and the Lender represent and warrant to each other that each of the respective recitals is true and correct and is hereby incorporated into this Agreement by reference as if fully set forth.

Section 2. Loan Amount. Lender agrees to amend, restate, and reinstate the SERAF Loan, which has an outstanding principal amount of Five Million Dollars ($5,000,000), upon the terms and conditions set forth below, in accordance with Dissolution Law.

6 Section 3. Loan Assumption and Interest. Borrower agrees to assume the loan from the VVEDA Successor Agency. Interest on the remaining principal amount of the loan that was previously unpaid after the original effective date of the loan shall be recalculated from the date of origination of the loan as approved by Borrower on a quarterly basis, at a simple interest rate of 3 percent.

Section 4. Repayment. The recalculated loan shall be repaid to the Lender in accordance with a defined schedule over a reasonable term of years. Moneys repaid shall be applied first to the principal, and second to the interest.

Section 5. Limitation on Repayment Amount. The annual loan repayments, together with other applicable annual loan repayments made by Borrower, shall be no more than one-half of the increase between the amount distributed to affected taxing entities in the Borrower’s former Redevelopment Project Area pursuant to Health and Safety Code (“HSC”) Section 34183(a)(4) in the prior fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year.

Section 6. Annual Approval of Payments . Loan repayments shall be subject to annual approval by the San Bernardino Countywide Oversight Board and the California Department of Finance, as part of their review of Borrower’s Recognized Obligation Payment Schedule.

Section 7. Consistency with Dissolution Law . This Agreement amends and restates the Promissory Note in its entirety. No part of this Agreement shall be interpreted other than in accordance with Dissolution Law.

[Signature blocks for Loan Agreement on next page]

7 [Loan Agreement continued from previous page]

APPROVED AND EXECUTED by signature of the author ized representatives of each of the parties on ___________________, 2022.

LENDER:

VICTORVILLE HOUSING SUCCESSOR
AGENCY

By:
___________________________________
Keith Metzler, Housing Successor Executive
Director

ATTEST:

By:
___________________________________
Jennifer Thompson, Housing Successor
Secretary

APPROVED AS TO FORM:

By:
___________________________________
Andre De Bortnowsky, Housing Successor
Legal Counsel

BORROWER:

SUCCESSOR AGENCY TO THE

VICTORVILLE REDEVELOPMENT
AGENCY

By:
__________________________________
Keith Metzler, Successor Agency Executive
Director

ATTEST:

By:
___________________________________
Jennifer Thompson, Successor Agency
Secretary

APPROVED AS TO FORM:

By:
___________________________________
Andre De Bortnowsky, Successor
Agency Legal Counsel

8 Exhibit B to Resolution No. R-SA-22-06

Property Acquisition Loan Agreement between the
Victorville Housing Successor Agency and the
Successor Agency to the Victorville Redevelopment
Agency

9 SECOND AMENDED AND RESTATED LOAN AGREEMENT FOR THE

VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY PROPERTY

ACQUISITION LOAN

This AMENDED AND RESTATED LOAN AGREEMENT (“Agreement”) is made this ___ day of ________, 2022 , by and between the SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY, a successor agency established pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (“Dissolution Law”) and representing the “non- housing” fund of the Victorville share of the former Victor Valley Economic Development Authority (“Borrower”), and the VICTORVILLE HOUSING SUCCESSOR AGENCY , a low and moderate income housing successor agency established pursuant to Dissolution Law and representing the low and moderate income housing asset fund of the Victorville share of the former Victor Valley Economic Development Authority (“Lender”).

RECITALS

A. O n October 3, 2006, the Victor Valley Economic Development Authority (“VVEDA”) executed a loan agreement (“Original Agreement”) to borrow $3,750,000 from Lender to fund land acquisition for redevelopment efforts in accordance with VVEDA’s Redevelopment Plan (“Property Acquisition Loan”).

B. O n March 16, 2010, VVEDA amended the Property Acquisition Loan with an Amended and Restated Promissory Note (“Revised Agreement”) to extend the original due date of October 3,2009 to October 3, 2012 with all other terms remaining.

C. T he dissolution of California redevelopment agencies by Assembly Bill X1 26 prevented repayment of the Property Acquisition Loan acc ording to the terms of the Original Agreement and Revised Agreement.

D. Dissolution Law details the process for reinstatement and repayment of loans borrowed by former redevelopment agencies, subject to approval from a county oversight board and the California Department of Finance (“DOF”).

E. T he VVEDA Successor Agency submitted for and received approval from the San Bernardino Countywide Oversight Board (“CWOB”) to re-establish and repay the Property Acquisition Loan.

F. DOF denied the CWOB action in a March 11
th, 2022 determination letter, stating that the
Property Acquisition Loan and the “SERAF Loan” are not enforceable obligations of the VVEDA Successor Agency, but “may be enforceable obligations for the Victorville Successor Agency.”

AGREEMENT

NOW THEREFORE, in consideration of the mutual promises and obligations of the parties contained herein, Borrower and Lender hereby covenant and agree as follows:

Section 1. Recitals. The Borrower and the Lender represent and warrant to each other that each of the respective recitals is true and correct and is hereby incorporated into this Agreement by reference as if fully set forth.
10 Section 2. Loan Amount. Lender agrees to amend, restate, and reinstate the Property Acquisition Loan, which has an outstanding principal amount of Three Million, Seven Hundred Fifty Thousand Dollars ($ 3,750,000), upon the terms and conditions set forth below, in accordance with Dissolution Law.

Section 3. Loan Assumption and Interest. Borrower agrees to assume the loan from the VVEDA Successor Agency. Interest on the remaining principal amount of the loan that was previously unpaid after the original effective date of the loan shall be recalculated from the date of origination of the loan as approved by Borrower on a quarterly basis, at a simple interest rate of 3 percent.

Section 4. Repayment. The recalculated loan shall be repaid to the Lender in accordance with a defined schedule over a reasonable term of years. Moneys repaid shall be applied first to the principal, and second to the interest.

Section 5. Limitation on Repayment Amount. The annual loan repayments, together with other applicable annual loan repayments made by Borrower, shall be no more than one-half of the increase between the amount distributed to affected taxing entities in the Borrower’s former Redevelopment Project Area pursuant to Health and Safety Code (“HSC”) Section 34183(a)(4) in the prior fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012–13 base year.

Section 6. Annual Approval of Payments . Loan repayments shall be subject to annual approval by the San Bernardino Countywide Oversight Board and the California Department of Finance, as part of their review of Borrower’s Recognized Obligation Payment Schedule.

Section 7. Consistency with Dissolution Law . This Agreement amends and restates the Property Acquisition Loan in its entirety. No part of this Agreement shall be interpreted other than in accordance with Dissolution Law.

[Signature blocks for Loan Agreement on next page]

11 [Loan Agreement continued from previous page]

APPROVED AND EXECUTED by signature of the author ized representatives of each of the parties on ___________________, 2022.

LENDER:

VICTORVILLE HOUSING SUCCESSOR
AGENCY

By:
___________________________________
Keith Metzler, Housing Successor Executive
Director

ATTEST:

By:
___________________________________
Jennifer Thompson, Housing Successor
Secretary

APPROVED AS TO FORM:

By:
___________________________________
Andre De Bortnowsky, Housing Successor
Legal Counsel

BORROWER:

SUCCESSOR AGENCY TO THE

VICTORVILLE REDEVELOPMENT
AGENCY

By:
__________________________________
Keith Metzler, Successor Agency Executive
Director

ATTEST:

By:
___________________________________
Jennifer Thompson, Successor Agency
Secretary

APPROVED AS TO FORM:

By:
___________________________________
Andre De Bortnowsky, Successor
Agency Legal Counsel
12 Exhibit C to Resolution No. R-SA-22-06
P
roposed Loan Repayment Schedule

VVEDA HOUSING LOANS REPAYMENT SCHEDULES
Remaining Principal Balance Bear Valley Loan (2009-10) 10,000,000 $ Remaining Principal Balance SERAF Loan (2009-10) 5,000,000 $ Remaining Principal Balance LMIHF Loan (2006-07) 3,750,000 $ Base Year Residual RPTTF (2012-13) - $
Updated 12/09/2021

0.020 0.012
1 2006-07
Q4 - Apr
2 2007-08
Q4 - Apr
3 2008-09
Q4 - Apr
4 2009-10
Q4 - Apr 5,000,000$ 0.75% 37,500 $ 37,500 $ - $ 5 2010-11
Q4 - Apr 5,000,000 0.75% 37,500 187,500
6 2011-12 -
Q4 - Apr 5,000,000 0.75% 37,500 337,500
7 2012-13 -
Q4 - Apr 5,000,000 0.75% 37,500 487,500
8 2013-14 31,408,869$ 328,337 $ 8,542,005 $ 11,472,325 $ - 839,150$ Q4 - Apr 5,000,000 0.75% 37,500 637,500 - 9 2014-15 33,001,919 407,036 8,887,069 20,899,732 419,575 2,982,155 Q4 - Apr 5,000,000 0.75% 37,500 787,500 - 10 2015-16 37,148,841 428,397 10,093,936 26,626,507 1,491,078 - Q4 - Apr 5,000,000 0.75% 37,500 937,500 - 11 2016-17 40,985,681 463,496 11,056,695 29,465,490 - - Q4 - Apr 5,000,000 0.75% 37,500 1,087,500 - 12 2017-18 47,457,059 411,864 12,696,697 34,145,583 - 202,915 Q4 - Apr 5,000,000 0.75% 37,500 1,237,500 - 13 2018-19 53,007,589 548,711 14,162,983 38,295,895 101,458 4,928,611 Q4 - Apr 5,000,000 0.75% 37,500 1,387,500 - 14 2019-20 55,052,181 631,739 23,481,792 30,938,650 2,464,306 13,400,072 Q4 - Apr 5,000,000 0.75% 37,500 1,537,500 - 15 2020-21 63,065,369 781,452 33,916,755 28,367,161 6,700,036 10,189,585 Q4 - Apr 5,000,000 0.75% 37,500 1,687,500 - 16 2021-22 66,534,312 808,619 24,428,960 41,296,732 5,094,793 29,410,791 Q4 - Apr 5,000,000 0.75% 37,500 1,837,500 - 17 2022-23 68,530,341 831,599 25,161,829 42,536,913 14,705,396 5,646,262 Q4 - Apr 5,000,000 0.75% 37,500 1,987,500 6,987,500 18 2023-24 70,586,252 855,404 25,916,684 43,814,163 2,823,131 18,819,895 Q4 - Apr - 0.75% $0 $0 -
19 2024-25 72,703,839 880,067 26,694,184 45,129,588 9,409,947 13,558,100 Q4 - Apr - 0.75% $0 $0 -
20 2025-26 74,884,954 905,621 27,495,010 46,484,323 6,779,050 24,129,024 Q4 - Apr - 0.75% $0 $0 -
TOTAL 5,000,000$ $1,987,500 6,987,500 $
* The projection of payments assumes an RPTTF growth rate of 3%. If the growth rate is not equal to 3%, the payment schedule timing or amount may change. ** Interest accrues quarterly and is only shown for every 4th quarter, when payments are scheduled, to limit the table size.

Quarterly
Interest
Rate
Current
Interest**
Accrued
Interest
Projected
Loan
Repayment
Principal
Balance
HSC 34191.4(b)(3)(A): ANNUAL ROPS
Fiscal Year
Total
Available
RPTTF*
County
Admin Fee
Pass
Throughs
RPTTF
Distributed to
SA
Maximum
Annual Loan
Payment
Total
Residual
SERAF Loan FY 2009-10

PROJECTED REPAYMENT SCHEDULE
Prepared by:

3,750,000 0.75% 28,125 84,375 - $ 3,750,000 0.75% 28,125 196,875 - 3,750,000 0.75% 28,125 309,375 - 3,750,000 0.75% 28,125 421,875 - 10,000,000 0.75% 75,000 225,000 - $ 3,750,000 0.75% 28,125 534,375 - 10,000,000 0.75% 75,000 525,000 3,750,000 0.75% 28,125 646,875 - 10,000,000 0.75% 75,000 825,000 3,750,000 0.75% 28,125 759,375 - 10,000,000 0.75% 75,000 1,125,000 3,750,000 0.75% 28,125 871,875 - 10,000,000 0.75% 75,000 1,425,000 - 3,750,000 0.75% 28,125 984,375 - 10,000,000 0.75% 75,000 1,725,000 - 3,750,000 0.75% 28,125 1,096,875 - 10,000,000 0.75% 75,000 2,025,000 - 3,750,000 0.75% 28,125 1,209,375 - 10,000,000 0.75% 75,000 2,325,000 - 3,750,000 0.75% 28,125 1,321,875 - 10,000,000 0.75% 75,000 2,625,000 - 3,750,000 0.75% 28,125 1,434,375 - 10,000,000 0.75% 75,000 2,925,000 - 3,750,000 0.75% 28,125 1,546,875 - 10,000,000 0.75% 75,000 3,225,000 - 3,750,000 0.75% 28,125 1,659,375 - 10,000,000 0.75% 75,000 3,525,000 - 3,750,000 0.75% 28,125 1,771,875 - 10,000,000 0.75% 75,000 3,825,000 - 3,750,000 0.75% 28,125 1,884,375 5,634,375 10,000,000 0.75% 75,000 4,125,000 2,083,521 - 0.75% $0 $0 - 7,916,479 0.75% 59,374 4,362,494 2,823,131 - 0.75% $0 $0 - 5,093,349 0.75% 38,200 4,515,295 9,409,947 - 0.75% $0 $0 - - 0.75% - 198,696 198,696 3,750,000$ $1,518,750 5,634,375 $ 10,000,000 $ $4,440,295 14,515,295 $ Current
Interest**
Accrued
Interest
Projected
Loan
Repayment
Principal
Balance
Quarterly
Interest
Rate
Principal
Balance
Quarterly
Interest
Rate
Current
Interest**
Accrued
Interest
Projected Loan
Repayment
HSC 34191.4(b)(3)(A): ANNUAL ROPS HSC 34191.4(b)(3)(A): ANNUAL ROPS Bear Valley Loan FY 2009-10 LMIHF Loan FY 2006-07

PROJECTED REPAYMENT SCHEDULE PROJECTED REPAYMENT SCHEDULE Prepared by:

ROPS II
July thru December 2012

ROPS III
January thru June 2013 Total For Base Year
- - -
ROPS 21-22A
July thru December 2021
ROPS 21-22B
January thru June 2022 Total For Comparison Year
14,457,760.00 14,953,031.00 29,410,791
A 29,410,791.00
B -
A-B 29,410,791.00
÷2
14,705,395.50
Formula fields, no input required.

Residual Balance
Sponsoring Entity Loan Repayment Calculator
Base Year:

Residual Balance
Comparison Year:

Input fields (amounts from County Auditor-Controller RPTTF Distribution Report) Total Residual Balance for Comparison Year
Total Residual Balance for Base Year
Difference of Residual Balance
Maximum Repayment Amount Authorized per Fiscal Year
Note: This is a tool provided by Finance to assist successor agencies in determining the maximum repayment amount per authorized fiscal year. Placing this amount on the ROPS does not automatically guarantee approval of the repayment amount. Note: the ROPS 21-22B residual balance uses the County Auditor-Controller's 21-22B estimate.

Loans Repayment Schedule and Calculator Summary Page
Per HSC Section 34191.4 (b)(3), the interest for each of these loans was recalculated on the remaining principal amount of the loan that was previously unpaid after the original effective date of the loan from the date of origination of the loan with an annual interest rate of 3.0 percent, calculated quarterly. Payments have not been made on any of the three loans.

The promissory note for the SERAF Loan of $5,000,000 was executed on May 4, 2010. As of Quarter 4 of Fiscal Year 2022-2 3 the accrued interest will be $1,987,500. The projected loan repayment amount is $6,987,500.

The loan agreement for the Property Acquisition Loan was entered on October 3, 2006. As of Quarter 4 of Fiscal Year 2022-2 3 the accrued interest will be $1,884,375. The projected loan repayment amount is $5,634,375.

The loan agreement for the Bear Valley Loan of $10,000,000 was entered on June 30, 2009. As of Quarter 4 of Fiscal Year 2022-2 3 the accrued interest will be $4,125,500. The projected loan repayment amount is $14,515,295.

Per HSC Section 34191.4 (b)(3)(A), the loan repayment calculator calculates the maxi mum repayment authorized per fiscal year by calculating the difference between the residual balance for the comparison year and the base year , and then dividing that calculation by two. The comparison year is 2021-22 and the ROPS 21-22 residual RPTTF distributed to taxing entities is $29,410,791. This includes an estimate for the January 3, 2022 (ROPS 21-2 2B) RPTTF distribution. The base year residual is $0. The payment that would be authorized is $14,705,395.50.

When an approved loan payment is based on an estimate of residual RPTTF, the Department Of Finance has historically decreased approved loan payments in instances when the actual residual RPTTF turned out to be less than estimated. However, DOF is not expected to increase a loan payment when the residual RPTTF turns out to be greater . Therefore, the VVEDA Successor Agency is requesting payment of the full balance of the loans , with the expectation that an approved amount would be less based on actual residual RPTTF.

ATTACHMENT B
Supplemental Educational Revenue Augmentation Fund Loan Original Promissory Note

ATTACHMENT C
Property Acquisition Loan Original Agreement

ATTACHMENT D
Supplemental Educational Revenue
Augmentation Fund Loan Journal Entry

ATTACHMENT E
Property Acquisition Loan Journal Entry

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: August 16, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Measure I Five-Year Capital Improvement Plan
Recommendation:

That the Honorable City Council:

1. Adopt Resolution No. 22-093, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027.

2. Add the La Mesa Road (Cantina Dr. to Mesa View Dr.) Project to the Measure I Five Year Capital Improvement Plan for Fiscal Year 2021/2022 for an expense of $50,437.54.

Fiscal Impact:

The adoption of the Five-Year Plan does not have a direct fiscal impact. Capital, maintenance and operations expenses for Measure I, Fund 250, will be in accordance with the approved Fiscal Year 2022/2023 City budget, and subsequent amendments to the budget, if required.

Background:

Each year, in accordance with San Bernardino County Transportation Authority (SBCTA) requirements, the City is required to adopt by resolution a Measure I Five-Year Capital Improvement Plan (CIP) for all its planned expenses for Victorville’s local pass-through Measure I. The deadline for submission of the Measure I Five-Year CIP to SBCTA is September 1, 2022. In general, eligible expenses for Measure I must be for streets and roads purposes. Expenses for capital projects, vehicles, equipment, operations and maintenance may be included.

Discussion:

Resolution No. 22-093 is included as Attachment A. The SBCTA estimate for pass through revenue in FY 2022/2023 is $6,794,302. The Five-Year CIP has been prepared in accordance with the City’s approved FY 2022-2023 budget which includes capital, 2 7
3 0
operations and maintenance Measure I expenses. The Measure I Five-Year CIP is included in Attachment B. The “projects” listed in the Five-Year CIP include capital improvement projects and equipment. In addition, several categories in the City’s budget which are funded by Measure I are listed. These categories include: Cost Allocation; Engineering Services; Traffic Engineering; Traffic Signal Maintenance; and Traffic Control (signing and striping).

An expenditure strategy, as required by SBCTA, is included in Attachment C. The strategy provides the policy approach for City Council for the use of Measure I funds. The attached policy is similar to that used in past years and provides flexibility for programming expenses for a variety of needs for streets capital improvement projects, equipment, operations, and maintenance. There are five projects which have multiple locations: Civic Area Slurry Seal; Old Town Sidewalk Phase I; Old Town Sidewalk Phase II; Concrete Sidewalk Repairs; and Curb Access Ramps. Location lists for each project are included in Attachment D.

All Measure I expenses need to be identified in the Five-Year CIP. In Fiscal Year 2021/2022 there was a Measure I expense of $50,437.54 for the La Mesa Road (Cantina Dr. to Mesa View Dr.) Project (Project No. 60064). This project was not in the Five-Year CIP which was approved last year. Therefore, the project needs to be added to the Five- Year CIP for Fiscal Year 2021/2022 to be consistent with SBCTA requirements.

Staff recommends that the City Council adopt the attached resolution to approve the Five- Year Measure I CIP and add the La Mesa Road (Cantina Dr. to Mesa View Dr.) Project to the Measure I Five-Year CIP for Fiscal Year 2021/2022 for an expense of $50,437.54.

Upon adoption of the attached resolution, staff will forward a copy of the resolution and the Five-Year CIP to SBCTA for inclusion in their planning documents.

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

Attachments: A. Resolution No. 22-093
B. Measure I Five Year Capital Improvement Plan
C. Expenditure Strategy
D. Project Location Lists

ATTACHMENT A
RESOLUTION NO. 22-093

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2022/2023 THROUGH FY 2026/2027 WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvements and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Victorville, State of California, that the Measure I Five-Year Capital Improvement Plan, attached to the resolution as Exhibit A, is hereby adopted.

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 the 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.

ATTACHMENT B

/0/1/2/3/4/5/6/7/3/8/i255/10/5/11/12/1/13/14
/0/1/2/3/4/5/6/7/3/8/i255/15/16/16/13/3/17/18/4/i255/19/18/6/1/14 /20/3/8/6/18/21/6/i255/22/1/13/2/3/8/23/24/7/6/4/1/14
/22/25/3/8/1/14
/26/11/18/7/4/14
/27/23/28/29/23/30/30/i255/20/18/13/13/31/3/17/1/13/i255/32/18/4/18/8/21/1 /33/34/35/36/37/38/35/39/40/39/41/37/37 /42/43/30/29/30/30/23/30/28/i255/26/2/6/44/i255/0/1/17/1/8/5/1/42/43/30/29/30/28/23/30/45/i255/26/2/6/44/i255/0/1/17/1/8/5/1/42/43/30/29/30/45/23/30/46/i255/26/2/6/44/i255/0/1/17/1/8/5/1/42/43/30/29/30/46/23/30/27/i255/26/2/6/44/i255/0/1/17/1/8/5/1/42/43/30/29/30/27/23/30/47/i255/26/2/6/44/i255/0/1/17/1/8/5/1/48 /49/50/51/52/i255/54/55/50/41/i255/56/57/58/41 /33/40/35/38/59/60/35/34/37/39/33 /40/35/61/34/39/35/60/59/59/33 /40/35/61/38/37/35/61/61/36/33 /40/35/59/39/40/35/60/40/62/33 /38/35/37/34/60/35/59/40/59/33 /34/60/35/60/62/59/35/36/36/40 /i255/i255/i255/63/64/49/65/57/66/50/55/67
/47/6/25/i255/68/6/69/i255/19/i255/68/6/i255/6/3/i255/42/3/13/13/1/2/6/i255/15/17/1/69/i255/68/6/13/1/1/6/i255/70/11/16/13/3/17/1/11/1/8/6/2/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /30/29/69/29/29/29/72 /30/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /39/37/35/37/37/37 /47/6/25/i255/68/6/44/i255/24/13/18/73/73/7/21/i255/68/7/74/8/18/4/i255/75/3/76/7/73/7/21/6/7/3/8/2/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /27/77/78/69/46/29/29/72 /30/30/69/46/29/29/72 /29/72 /29/72 /29/72 /29/33 /39/39/35/62/37/37 /15/7/13/i255/26/79/16/13/1/2/2/80/18/31/i255/81/i255/82/7/4/4/18/74/1/i255/19/13/i255/6/3/i255/22/25/18/8/6/3/11/i255/83/1/2/6/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /30/69/46/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /78/69/29/29/29/69/29/29/29/72 /29/33 /36/35/37/37/37/35/37/37/37 /15/11/18/13/74/3/2/18/i255/0/76/69/i255/68/1/8/1/21/18/i255/0/76/i255/6/3/i255/82/7/4/4/18/74/1/i255/19/13/69/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /77/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/72 /28/30/29/69/29/29/29/33 /34/39/37/35/37/37/37 /15/13/13/3/80/25/1/18/76/i255/19/13/69/i255/84/13/1/1/8/i255/24/13/1/1/i255/32/4/17/76/i255/6/3/i255/10/7/2/85/5/18/4/4/7/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8/69/i255/12/7/86/1/i255/4/18/8/1/2/69/i255/2/7/76/1/80/18/4/86 /43/1/2/43 /1/2/29 /44/29/71/29 /44/29/71/72 /30/69/28/30/46/69/46/45/28/72 /78/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /36/37/37/35/37/37/37 /32/1/18/13/i255/82/18/4/4/1/31/i255/0/76/i255/81/i255/15/11/18/13/74/3/2/18/i255/0/76/i255/6/3/i255/19/5/8/7/18/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/45/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/72 /46/27/29/69/29/29/29/33 /62/40/37/35/37/37/37 /32/1/18/13/i255/82/18/4/4/1/31/i255/0/76/i255/81/i255/15/11/1/6/25/31/2/6/i255/0/76/i255/6/3/i255/87/68/81/28/88/46/69/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /27/69/29/29/29/69/29/29/29/72 /28/69/29/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /34/35/37/37/37/35/37/37/37 /32/1/18/13/i255/82/18/4/4/1/31/i255/0/76/i255/81/i255/70/8/76/5/2/6/13/7/18/4/i255/32/4/17/76/i255/6/3/i255/30/8/76/i255/15/17/1/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/46/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /27/29/29/69/29/29/29/72 /29/33 /40/37/37/35/37/37/37 /20/7/17/7/21/i255/15/13/1/18/i255/68/4/5/13/13/31/i255/68/1/18/4/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/30/88/27/69/29/29/29/72 /78/69/30/88/27/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /36/35/39/59/40/35/37/37/37 /20/3/8/21/13/1/6/1/i255/68/7/76/1/80/18/4/86/69/i255/70/8/2/6/18/4/4/i255/3/13/i255/0/1/16/18/7/13/i255/16/1/13/i255/4/3/21/18/6/7/3/8/i255/4/7/2/6/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/88/47/28/69/78/45/29/72 /28/47/78/69/27/46/29/72 /28/77/30/69/77/29/29/72 /28/88/45/69/30/77/28/72 /45/29/27/69/78/78/30/72 /45/78/77/69/30/88/46/33 /36/35/59/38/34/35/36/60/37 /20/5/13/12/i255/15/21/1/2/2/i255/0/18/11/16/2/i255/81/i255/16/1/13/i255/89/3/21/18/6/7/3/8/i255/89/7/2/6/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /46/77/45/69/29/29/46/72 /78/78/29/69/29/29/29/72 /78/78/28/69/28/29/29/72 /78/78/27/69/27/88/88/72 /78/30/29/69/30/29/29/72 /78/30/28/69/77/29/27/33 /62/61/60/35/37/37/62 /26/4/i255/26/17/18/76/3/i255/0/76/i255/81/i255/22/18/4/11/76/18/4/1/i255/0/76/i255/6/3/i255/68/1/8/1/21/18/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/43 /1/2/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/30/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /46/29/29/69/29/29/29/72 /29/33 /62/37/37/35/37/37/37 /84/5/18/13/76/13/18/7/4/i255/0/1/16/4/18/21/1/11/1/8/6/2/i255/81/i255/82/18/13/7/3/5/2/i255/89/3/21/18/6/7/3/8/2/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /28/77/77/69/27/29/29/72 /78/47/46/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /36/38/62/35/37/37/37 /90/1/2/16/1/13/7/18/i255/0/76/i255/81/i255/84/13/1/1/8/i255/24/13/1/1/i255/32/4/17/76/i255/6/3/i255/10/7/2/85/5/18/4/4/7/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/29/29/29/69/29/29/29/72 /29/72 /29/72 /46/29/29/69/29/29/29/72 /29/33 /62/37/37/35/37/37/37 /89/18/i255/75/1/2/18/i255/0/76/i255/81/i255/22/18/21/3/7/11/18/i255/0/76/i255/6/3/i255/15/11/1/6/25/31/2/6/i255/0/76/69/i255/0/1/16/4/18/21/1/i255/68/6/3/13/11/i255/19/13/18/7/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /47/30/29/69/29/29/29/72 /29/72 /47/30/29/69/29/29/29/72 /29/72 /29/72 /29/33 /38/39/37/35/37/37/37 /89/18/i255/22/18/91/i255/19/13/i255/81/i255/70/81/78/46/i255/0/18/11/16/2/i255/6/3/i255/47/6/25/i255/68/6/69/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/45/29/29/69/29/29/29/72 /29/72 /29/72 /27/29/29/69/29/29/29/72 /29/72 /29/33 /40/37/37/35/37/37/37 /89/3/21/18/4/i255/0/3/18/76/80/18/31/i255/68/18/73/1/6/31/i255/22/4/18/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/30/77/69/46/30/77/72 /78/45/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /36/60/35/37/37/37 /75/18/13/7/16/3/2/18/i255/0/76/i255/69/i255/22/18/4/11/76/18/4/1/i255/0/76/i255/6/3/i255/88/47/29/i255/73/6/i255/68/3/5/6/25/i255/3/73/i255/24/18/4/16/18/i255/68/6/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /88/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/72 /28/27/29/69/29/29/29/33 /34/40/37/35/37/37/37 /75/3/92/18/17/1/i255/19/13/i255/81/i255/26/4/i255/26/17/18/76/3/i255/0/76/i255/6/3/i255/87/68/81/28/88/46/69/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /30/69/29/29/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/72 /77/29/29/69/29/29/29/33 /61/37/37/35/37/37/37 /75/3/92/18/17/1/i255/19/13/i255/81/i255/70/81/78/46/i255/68/3/5/6/25/12/3/5/8/76/i255/0/18/11/16/2/i255/6/3/i255/26/4/i255/26/17/18/76/3/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /30/69/77/29/29/69/29/29/29/72 /29/72 /78/69/29/29/29/69/29/29/29/72 /29/72 /29/72 /29/33 /36/35/37/37/37/35/37/37/37 /75/3/92/18/17/1/i255/19/13/i255/18/6/i255/20/3/8/76/3/13/i255/19/13/69/i255/70/8/2/6/18/4/4/i255/10/1/80/i255/24/13/18/73/73/7/21/i255/68/7/74/8/18/4/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /46/30/47/69/29/29/29/72 /45/30/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /60/39/35/37/37/37 /10/7/2/85/5/18/4/4/7/i255/0/76/i255/23/i255/70/81/78/46/i255/70/8/6/1/13/21/25/18/8/74/1/69/i255/26/8/17/7/13/3/8/11/1/8/6/18/4/i255/75/3/8/7/6/3/13/7/8/74/i255/93/i255 /0/1/16/3/13/6/7/8/74 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /45/78/28/69/29/29/29/72 /27/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /40/37/35/37/37/37 /94/4/76/i255/24/3/80/8/i255/68/7/76/1/80/18/4/86/i255/22/25/18/2/1/i255/78/i255/81/i255/16/1/13/i255/4/3/21/18/6/7/3/8/i255/4/7/2/6/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /88/29/29/69/29/29/29/72 /30/46/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /39/62/37/35/37/37/37 /94/4/76/i255/24/3/80/8/i255/68/7/76/1/80/18/4/86/i255/22/25/18/2/1/i255/30/i255/81/i255/16/1/13/i255/4/3/21/18/6/7/3/8/i255/4/7/2/6/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /88/29/29/69/29/29/29/72 /30/46/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /39/62/37/35/37/37/37 /0/7/76/74/1/21/13/1/2/6/i255/0/76/69/i255/32/1/18/13/i255/82/18/4/4/1/31/i255/0/76/i255/6/3/i255/22/18/25/5/6/1/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8 /10/3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/45/29/29/69/29/29/29/72 /29/72 /29/72 /46/29/29/69/29/29/29/72 /29/72 /29/33 /62/37/37/35/37/37/37 /0/3/31/i255/0/3/74/1/13/2/i255/19/13/i255/81/i255/15/11/18/13/74/3/2/18/i255/6/3/i255/70/81/78/46/i255/0/18/11/16/2/69/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/47/29/29/69/29/29/29/72 /29/72 /27/29/29/69/29/29/29/72 /29/72 /29/72 /29/33 /40/37/37/35/37/37/37 /68/1/8/1/21/18/i255/0/76/i255/81/i255/20/7/17/7/21/i255/19/13/i255/6/3/i255/26/4/i255/26/17/18/76/3/i255/0/76/69/i255/22/18/17/1/13/11/1/8/6/i255/0/1/25/18/12/7/4/7/6/18/6/7/3/8/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/69/46/29/29/69/29/29/29/72 /29/72 /29/72 /27/29/29/69/29/29/29/72 /29/72 /29/33 /40/37/37/35/37/37/37 /68/1/17/1/8/6/25/i255/15/17/1/i255/81/i255/10/7/2/85/5/18/4/4/7/i255/0/76/i255/6/3/i255/32/1/18/13/i255/82/18/4/4/1/31/i255/0/76/69/i255/22/18/17/1/11/1/8/6/i255 /0/1/25/18/12/7/4/7/6/18/6/7/3/8/69/i255/32/7/86/1/i255/89/18/8/1/2/i255/93/i255/68/7/76/1/80/18/4/86 /43/1/2/43 /1/2/29 /44/29/71/29 /44/29/71/72 /45/69/88/30/46/69/47/29/29/72 /47/46/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /38/62/37/35/37/37/37 /82/7/4/4/18/74/1/i255/19/13/i255/18/6/i255/24/18/80/8/1/31/i255/0/7/76/74/1/i255/89/8/69/i255/70/8/2/6/18/4/4/i255/10/1/80/i255/24/13/18/73/73/7/21/i255/68/7/74/8/18/4/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /46/27/88/69/29/29/29/72 /28/29/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /34/37/35/37/37/37 /68/6/13/7/16/7/8/74/i255/24/13/5/21/86/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /45/28/46/69/29/29/29/72 /45/28/46/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /60/34/62/35/37/37/37 /32/5/21/86/1/6/i255/24/13/5/21/86/i255/73/3/13/i255/24/13/18/73/73/7/21/i255/68/7/74/8/18/4/i255/75/18/7/8/6/1/8/18/8/21/1/10 /3/10 /3/29 /44/29/71/29 /44/29/71/72 /78/88/28/69/29/29/29/72 /78/88/28/69/29/29/29/72 /29/72 /29/72 /29/72 /29/33 /36/59/34/35/37/37/37 /70/2/i255/22/13/3/92/1/21/6/i255/7/8/i255
/20/7/6/31/95/2
/10/3/8/81/11/3/6/3/13/7/91/1/76/i255
/24/13/18/8/2/16/3/13/6/18/6/7/3/8/i255
/22/4/18/8/96
/97/43/1/2/23/10/3/98
/19/3/1/2/i255/22/13/3/92/1/21/6/i255
/25/18/17/1/i255/18/8/i255/15/24/22/i255
/20/3/11/16/3/8/1/8/6/96
/97/43/1/2/23/10/3/98
/70/2/i255/6/25/1/i255/22/13/3/92/1/21/6/i255/3/8/i255/6/25/1/i255/20/7/6/31/95/2/i255 /10/1/79/5/2/i255/68/6/5/76/31/i255/89/7/2/6/96
/97/22/5/12/4/7/21/23/19/70/42/i255/68/25/18/13/1/i255/71/98 /26/2/6/7/11/18/6/1/76/i255/24/3/6/18/4/i255
/22/13/3/92/1/21/6/i255/20/3/2/6
/12/74/1/8/74/4/1/13/99/17/7/21/6/3/13/17/7/4/4/1/21/18/44/74/3/17 /100/101/66/50/49/64/58/101/52/52/57
/20/5/13/13/1/8/6
/26/2/6/7/11/18/6/1
/20/5/13/13/1/8/6
/26/2/6/7/11/18/6/1 /48/49/50/51/52/20/5/13/13/1/8/6
/26/2/6/7/11/18/6/1
/20/5/13/13/1/8/6
/26/2/6/7/11/18/6/1
/20/5/13/13/1/8/6
/26/2/6/7/11/18/6/1
/102/103/104/105/106/107/105/108/109/105/110/111/112/30/30/81/29/88/28 /77/23/78/27/23/30/29/30/30
/32/13/7/18/8/i255/84/1/8/74/4/1/13
/47/27/29/81/88/46/46/81/46/78/46/77
/113/57/51/55/114/64/57/i255/115/i255/116/49/66/51/52/i255/63/51/55/55/117/50/118/64/49/114/119/118/i255/63/64/49/119/64/51/120 /121/115/100/54/i255/122/54/123/56/i255/124/123/63/115/48/123/116/i255/115/113/63/56/125/100/54/113/54/126/48/i255/63/116/123/126 /121/101/55/66/51/52/i255/122/57/51/64/55/i255/39/37/39/39/127/39/37/39/34/i255/50/118/64/114/i255/39/37/39/40/127/39/37/39/38 /22/18/74/1/i255/78/i255/3/73/i255/30/i255
/0/1/2/3/4/5/6/7/3/8/i255/10/5/11/12/1/13/14
/0/1/2/3/4/5/6/7/3/8/i255/15/16/16/13/3/17/18/4/i255/19/18/6/1/14 /20/3/8/6/18/21/6/i255/22/1/13/2/3/8/23/24/7/6/4/1/14
/22/25/3/8/1/14
/26/11/18/7/4/14 /12/27/1/8/27/4/1/13/28/17/7/21/6/3/13/17/7/4/4/1/21/18/29/27/3/17 /30/31/32/33/34/35/36/31/37/37/38
/39/40/41/42/43/44/42/45/46/42/47/48/49/50/50/51/52/53/54 /55/23/56/57/23/50/52/50/50
/58/13/7/18/8/i255/59/1/8/27/4/1/13
/60/57/52/51/53/61/61/51/61/56/61/55
/62/38/63/64/65/35/38/i255/67/i255/68/34/32/63/37/i255/69/63/64/64/70/33/71/35/34/65/72/71/i255/69/35/34/72/35/63/73 /74/67/30/75/i255/76/75/77/78/i255/79/77/69/67/80/77/68/i255/67/62/69/78/81/30/75/62/75/82/80/i255/69/68/77/82 /74/31/64/32/63/37/i255/76/38/63/35/64/i255/83/84/83/83/85/83/84/83/86/i255/33/71/35/65/i255/83/84/83/87/85/83/84/83/88 /20/13/18/8/1/i255/24/13/5/21/89/i255/90/3/13/i255/24/13/18/90/90/7/21/i255/91/7/27/8/18/4/i255/92/18/7/8/6/1/8/18/8/21/1/10 /3/10 /3/52 /29/52/93/52 /29/52/93/94 /57/55/95/60/61/52/94 /57/55/95/60/61/52/94 /52/94 /52/94 /52/94 /52/96 /87/97/98/88/99/84 /100/18/13/7/3/5/2/i255/26/101/5/7/16/11/1/8/6/i255/90/3/13/i255/24/13/18/90/90/7/21/i255/91/7/27/8/18/4/i255/92/18/7/8/6/1/8/18/8/21/1/10 /3/10 /3/52 /29/52/93/52 /29/52/93/94 /55/61/95/52/52/52/94 /55/61/95/52/52/52/94 /52/94 /52/94 /52/94 /52/96 /97/99/98/84/84/84 /100/18/13/7/3/5/2/i255/26/101/5/7/16/11/1/8/6/i255/90/3/13/i255/24/13/18/90/90/7/21/i255/20/3/8/6/13/3/4/i255/92/18/7/8/6/1/8/18/8/21/1/10 /3/10 /3/52 /29/52/93/52 /29/52/93/94 /61/60/95/52/52/52/94 /61/60/95/52/52/52/94 /52/94 /52/94 /52/94 /52/96 /99/88/98/84/84/84 /20/7/6/102/103/7/104/1/i255/22/18/17/1/11/1/8/6/i255/0/1/25/18/12/95/i255/91/1/18/4/2/i255/18/8/104/i255/105/17/1/13/4/18/102/2/95/i255/100/18/13/7/3/5/2/i255/91/6/13/1/1/6/2/10 /3/10 /3/52 /29/52/93/52 /29/52/93/94 /61/95/57/52/54/95/56/57/54/94 /52/94 /56/95/54/52/52/95/52/52/52/94 /56/95/54/57/61/95/52/52/52/94 /56/95/106/54/54/95/50/61/52/94 /56/95/61/52/106/95/53/56/54/96 /99/98/87/84/86/98/107/87/86 /20/3/2/6/i255/15/4/4/3/21/18/6/7/3/8/10 /3/10 /3/52 /29/52/93/52 /29/52/93/94 /50/95/61/52/52/95/106/106/106/94 /106/60/52/95/53/60/52/94 /106/55/61/95/52/53/53/94 /106/53/53/95/57/61/50/94 /61/56/106/95/57/106/50/94 /61/54/52/95/52/55/56/96 /83/98/99/84/84/98/108/108/108 /26/8/27/7/8/1/1/13/7/8/27/i255/91/1/13/17/7/21/1/2/10 /3/10 /3/52 /93/56 /52/52/93/94 /53/56/56/95/57/57/106/94 /56/60/56/95/60/56/57/94 /56/60/57/95/55/57/60/94 /56/55/50/95/56/60/106/94 /56/55/60/95/57/54/53/94 /56/53/54/95/50/57/55/96 /109/107/107/98/87/87/108 /24/13/18/90/90/7/21/i255/26/8/27/7/8/1/1/13/7/8/27/10 /3/10 /3/52 /93/56 /52/52/93/94 /50/95/57/55/57/95/53/54/55/94 /61/52/57/95/52/53/60/94 /61/50/56/95/50/55/52/94 /61/54/57/95/53/56/55/94 /61/61/54/95/52/50/57/94 /61/57/53/95/57/56/60/96 /83/98/87/97/87/98/109/86/88/110/88/107 /24/13/18/90/90/7/21/i255/91/7/27/8/18/4/i255/92/18/7/8/6/1/8/18/8/21/1/10 /3/10 /3/52 /93/56 /52/52/93/94 /56/95/50/106/57/95/55/56/53/94 /50/54/106/95/55/106/106/94 /50/106/56/95/55/55/53/94 /50/106/53/95/56/106/57/94 /50/61/57/95/57/50/52/94 /50/57/106/95/54/56/53/96 /107/98/83/108/87/98/97/107/97/110/87/109 /24/13/18/90/90/7/21/i255/20/3/8/6/13/3/4/i255/51/i255/91/7/27/8/7/8/27/i255/111/i255/91/6/13/7/16/7/8/27/10 /3/10 /3/52 /93/56 /52/52/93/94 /57/95/57/57/61/95/50/61/106/94 /56/95/50/61/61/95/106/54/56/94 /56/95/50/53/54/95/52/53/106/94 /56/95/54/54/56/95/55/55/60/94 /56/95/54/60/56/95/55/106/54/94 /56/95/106/56/50/95/53/53/53/96 /87/98/87/87/99/98/83/99/86/110/87/97 /52/93/56 /52/52/93/94 /52/29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/96 /84/110/84/84 /52/93/56 /52/52/93/94 /52/29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/96 /84/110/84/84 /52/93/56 /52/52/93/94 /52/29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/96 /84/110/84/84 /52/93/56 /52/52/93/94 /52/29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/96 /84/110/84/84 /52/93/56 /52/52/93/94 /52/29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/52 /29/52/52/96 /84/110/84/84 /94/53/95/53/57/55/95/53/61/55/94 /57/95/55/54/106/95/54/50/53/94 /57/95/55/60/61/95/60/61/53/94 /57/95/53/106/54/95/54/54/50/94 /60/95/52/61/60/95/50/53/60/96 /86/88/98/87/88/109/98/87/88/99 /112/113/114/115/116/i255/118/119/113/120/119/115/121/121/122/123/120/i255/122/124/i255/125/126/119/119/127/123/114/116/128/129 /130/130/131 /80/34/33/63/37/i255/75/64/33/31/73/63/33/38/132/i255/69/35/34/72/35/63/73/73/31/133/72/134 /96/86/88/98/87/88/109/98/87/88/99 /22/13/3/135/1/21/6/2/i255/24/3/6/18/4/14
/136/137/138/139/140/i255/142/143/140/i255/144/145/146/144/144/147/i255/148/149/150/151/i255/143/152/i255/153/154/155/155/156/143/157/144/155/i255/158/154/159/154/142/146/144/i255/160/i255 /161/143/140/154/159/i255/162/139/140/163/164/154/140/144/147/i255/165/144/157/144/142/138/144/166 /22/18/27/1/i255/50/i255/3/90/i255/50/i255

ATTACHMENT C

CITY OF VICTORVILLE

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2022/2023 – Fiscal Year 2026/2027
The City of Victorville’s Measure I Capital Improvement Expenditure Strategy balances expenditures between different categories of projects based on the City’s needs. The project categories include the following: new construction; reconstruction and rehabi litation; maintenance; preliminary engineering and environmental studies; right of way acquisition; and final design. Also included are categorical expenditures for maintenance of roads, traffic controls, traffic signals, traffic engineering and the purchase of vehicles or equipment for street related purposes.

New construction can include widening existing roads and bridges, construction of bikeways, sidewalks, and curb ramps as an integral part of the street system, and new traffic signals.

Reconstruction and rehabilitation can include bridge improvements, removing and replacing pavement sections, asphalt-concrete overlays of one inch or more in thickness or various other methods, including re -striping for bike lanes. Maintenance of roads can include overlays less than one inch, cape seals and slurry seals. Traffic control includes the maintenance and operation of signing and striping including sign and marking replacements and new signs and markings. Traffic signal maintenance includes operations and main tenance for traffic signals and various equipment replacements or upgrades. Traffic engineering encompasses all traffic engineering activities.

ATTACHMENT D

/0 /1 /2 /3 /3 /1 /i255 /5 /6/7/3 /8 /2 /9/7/i255 /10 /9 /11/12/13/12/14 /15 /16 /17 /12 /i255 /14 /16 /12/19/19 /16 /17 /i255 /20 /12 /21/13/12/17 /i255 /14/19/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19 /23/12/13/12/14 /15 /16 /17 /12 /i255 /14 /16 /12/19/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19/i255/17 /22 /24 /22 /25 /12 /i255 /14 /19 /i255 /26/12/13/12/14 /15 /16 /17 /12 /i255 /14 /16 /12/19/17 /22 /24 /22 /25 /12 /i255 /14 /19/i255/14 /16 /27 /i255 /14 /16 /15 /22 /14 /17 /i255 /19 /14 /28/12 /24 /12 /25 /12 /20 /12 /i255 /14 /16 /12/19/20 /12 /14 /29 /i255 /12 /30 /22 /i255 /22 /12 /17 /31/i255/20 /12 /14 /29 /i255 /12 /30 /22 /32/12 /24 /12 /25 /12 /20 /12 /i255 /14 /16 /12/19/20 /12 /14 /29 /i255 /12 /30/22/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19 /33/12 /24 /12 /25 /12 /20 /12 /i255 /14 /16 /12/19/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19/i255/20 /12 /14 /29 /i255 /12 /30 /22 /34/12 /24 /12 /25 /12 /20 /12 /i255 /14 /16 /12/19/20 /12 /14 /29 /i255 /12 /30/22/35 /16 /14 /22 /15 /16 /i255 /14 /19 /36/35 /16 /24 /12 /24 /37 /12 /i255 /14 /16 /12/19/20 /12 /14 /29 /i255 /12 /30 /22/i255/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19 /38/35 /16 /24 /12 /24 /37 /12 /i255 /14 /16 /12/19/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19/i255/35 /16 /14 /22 /15 /16 /i255 /14 /19 /11 /39/35 /16 /14 /22 /15 /16 /i255 /14 /16 /12/19/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19/i255/17 /22 /24 /22 /25 /12 /i255 /14 /19 /i255 /11 /11/35 /16 /14 /22 /15 /16 /i255 /14 /16 /12/19/19 /16 /17 /i255 /20 /12 /21/13/12/17 /i255 /14 /19/i255/12 /24 /12 /25 /12 /20 /12 /i255 /14 /19 /i255 /11 /23/35 /16 /14 /22 /15 /16 /i255 /14 /16 /12/19/12 /24 /12 /25 /12 /20 /12 /i255 /14 /19/i255/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19 /i255 /11 /26/25 /12 /40 /16 /24 /i255 /12 /30/22/17 /12 /15 /22 /i255 /17 /31/i255/25 /41 /30 /41 /25 /i255 /19 /14 /i255 /11 /28/25 /12 /21 /41 /42 /16 /14 /24 /41 /12 /i255 /12 /30/22/17 /22 /24 /22 /25 /12 /i255 /14 /19/i255/25 /41 /30 /41 /25 /i255 /19 /14 /i255 /11 /32/25 /43 /16 /21 /12/13/22/i255 /14 /16 /12 /19/i255/20 /12 /14 /29 /i255 /12 /30/22/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19 /11 /33/25 /43 /16 /21 /12/13/22/i255 /14 /16 /12 /19/i255/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19/i255/35 /16 /14 /22 /15 /16 /i255 /14 /19 /11 /34/25 /41 /30 /41 /25 /i255 /19 /14 /41 /30 /22/i255/12 /13/12/14 /15 /16 /17 /12 /i255 /14/19/17 /22 /24 /22 /25 /12 /i255 /14 /19 /i255 /11 /36/25 /41 /30 /41 /25 /i255 /19 /14 /41 /30 /22/i255/17 /22 /24 /22 /25 /12 /i255 /14 /19/i255/14 /16 /27 /i255 /14 /16 /15 /22 /14 /17 /i255 /19 /14 /11 /38/41 /24 /30 /22 /14 /24 /22 /17 /17 /i255 /25 /41 /14 /25 /21 /22/i255/25/41 /30 /41 /25 /i255 /19/14/22 /12 /17 /31 /i255 /22 /24 /19 /23 /39/29 /22 /24 /31/44/16/16 /19 /i255 /35 /21 /30/19/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19/i255/25 /41 /30 /41 /25 /i255 /19 /14 /i255 /23 /11/13/25/12 /14 /31 /i255 /14 /16 /12 /19/i255/17 /22 /24 /22 /25 /12 /i255 /14 /19/i255/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19 /23 /23/20 /12 /14 /29 /i255 /12 /30 /22/i255/25 /41 /30 /41 /25 /i255 /19/14/17 /22 /24 /22 /25 /12 /i255 /14 /19 /i255 /23 /26/20 /12 /14 /29 /i255 /12 /30 /22/i255/20 /12 /21/13/19/12 /21 /22 /i255 /14 /19/i255/19 /16 /17 /i255 /20 /12 /21/13/12/17 /i255 /14 /19 /i255 /23 /28/20 /12 /14 /29 /i255 /12 /30 /22/i255/12 /24 /12 /25 /12 /20 /12 /i255 /14 /19/i255/20 /12 /14 /29 /i255 /12 /30 /22 /23 /32/14 /12/13/16/24 /12 /i255 /12 /30/22/25 /41 /30 /41 /25 /i255 /19/14/29 /22 /24 /31/44/16/16 /14 /i255 /35 /21 /30 /19 /23 /33/14 /12/13/16/24 /12 /i255 /12 /30/22/29 /22 /24 /31/44/16/16 /19 /i255 /35 /21 /30/19/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19 /23 /34/17 /12 /15 /22 /i255 /17 /31 /14 /22 /22/31/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19/i255/25 /12 /21 /41 /42 /16 /14 /24 /41 /12 /i255 /12 /30 /22 /i255 /23 /36/17 /12 /15 /22 /i255 /17 /31 /14 /22 /22/31/25 /12 /21 /41 /42 /16 /14 /24 /41 /12 /i255 /12 /30 /22/i255/25 /41 /30 /41 /25 /i255 /19 /14 /23 /38/17 /12 /24 /19 /i255 /17 /31 /14 /22 /22/31/20 /12 /14 /29 /i255 /12 /30 /22/i255/25 /12 /21 /41 /42 /16 /14 /24 /41 /12 /i255 /12 /30 /22 /26 /39/17 /22 /24 /22 /25 /12 /i255 /14 /19/i255/25 /41 /30 /41 /25 /i255 /19/14/22 /12 /17 /31 /i255 /22 /24 /19 /26 /11/17 /22 /24 /22 /25 /12 /i255 /14 /19/i255/25 /41 /30 /41 /25 /i255 /19 /14/i255/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19 /26/23/17/22 /24 /22 /25 /12 /i255 /14 /19/i255/12 /13/12/14 /15 /16 /17 /12 /i255 /14 /19/i255/13 /25 /12 /14 /31 /i255 /14 /19 /i255 /26/26/17/22 /24 /22 /25 /12 /i255 /14 /19/i255/13 /25/12 /14 /31 /i255 /14/19/12 /14 /21 /22 /31 /31 /22 /i255 /19 /14 /26/28/17/44/41/42 /31 /i255 /14 /16 /12 /19/i255/25 /41 /30 /41 /25 /i255 /19 /14/i255/22 /12 /17 /31 /i255 /22 /24 /19 /26/32/31/12/13/12/14 /12 /25 /29 /i255 /19 /14 /41 /30/22/12 /13/12/14 /15 /16 /17 /12 /i255 /14/19/20 /12 /14 /29 /i255 /12 /30 /22 /26/33/30/12 /21 /21 /22 /27 /i255 /20 /12 /14 /29 /i255 /21 /12 /24 /22/i255/25/41 /30 /41 /25 /i255 /19 /14/i255/22 /12 /17 /31 /i255 /22 /24 /19 /45 /46 /47 /46 /48 /i255 /50 /51 /52 /53 /i255 /54 /55 /56 /51 /51 /57 /i255 /54 /52 /53 /55 /i255 /58 /59 /48 /53 /60 /46 /59 /61 /62 /0 /1 /2 /3 /3/1/4 /5/6/5/1/7/0 /5 /8 /3 /i255 /10 /11 /i255 /0 /1 /2 /3 /3 /1 /12/13/14 /15 /i255 /17/18/19 /i255 /17 /18 /i255 /18 /20 /i255 /21 /i255 /17/18/22 /13/23/18 /24 /i255 /17/18/21 /i255 /17 /18 /i255 /18 /20 /i255 /25 /i255 /17/18/22 /26/27/18 /24 /i255 /17/18/19 /i255 /17 /18 /i255 /18 /20 /i255 /21 /i255 /17/18/22 /23/28/20 /29 /29 /30 /31 /18 /i255 /32 /33/30/23/18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /27 /18 /24 /i255 /17/18/34 /27/32/i255 /17/18/23 /18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /27 /18 /24 /i255 /17/18/17 /35/32/i255 /17/18/27 /18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /35 /18 /24 /i255 /17/18/17 /36/32/i255 /17/18/35 /18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /36 /18 /24 /i255 /17/18/17 /37/19/i255 /17/18/23 /18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /27 /18 /24 /i255 /17/18/17 /38/19/i255 /17/18/39 /30 /31 /40 /30 /29 /41 /42 /i255 /43 /15 /i255 /18 /20 /i255 /12 /44 /18 /24 /i255 /17/18/34 /12/44/21/i255 /17/18/13 /14 /15 /i255 /17 /18 /i255 /18 /20 /i255 /26 /29 /15 /i255 /17/18/34 /12/12/21/i255 /17/18/23 /18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /27 /18 /24 /i255 /17/18/34 /12/13/21/i255 /17/18/39 /30 /31 /40 /30 /29 /41 /42 /i255 /43 /15 /i255 /18 /20 /i255 /12 /44 /18 /24 /i255 /17/18/34 /12/26/21/i255 /17/18/12 /44 /18 /24 /i255 /17 /18 /i255 /18 /20 /i255 /12 /12 /18 /24 /i255 /17/18/17 /45/46/8 /i255 /47 /10/48/49/i255 /0 /5 /8 /3/48/50/46 /51 /i255 /4 /10 /52 /50 /1 /5 /10 /49 /7(Phase I) Street Limits Side  of Street
14 t h  St A  St to B St SE
25 t h  St Forrest  Ave to A St NW
35 t h  St A  St to B St NW
45 t h  St B  St to C St SE
5 10th  St B  St to C St SE
6 10th  St C  St to D St NW
7B  St 4th  St to 5th St NE
8C  ST 1st  St to 2nd St SW
9C  ST 10th  St to 11th St NE
Old Town Sidewalk Locations(Phase II)
/0 /1 /2 /3 /4 /5 /1/6/7 /8 /1 /9 /9 /i255 /11 /4 /8 /12 /12 /4 /13 /13 /14 /15 /16 /16 /i255 /18 /19 /20 /21 /22 /23 /i255 /24 /25 /19 /26 /13 /26 /27 /16 /28 /i255 /29 /30 /19 /31 /32 /33 /31 /34 /19 /32 /35 /13 /14 /13 /27 /15 /i255 /36 /37 /38 /19 /32 /34 /39 /i255/40/31/39 /14 /13 /35 /35 /41 /42 /i255 /43 /37 /32 /19 /34 /30 /22 /32 /23 /41 /13 /26 /13 /28 /41 /i255 /44 /22 /38 /38 /20 /19 /21 /34 /22 /23 /19 /i255 /45 /32 /15 /13 /15 /27 /15 /15 /i255 /46 /47 /21 /48 /i255 /44 /34 /16 /49 /47 /19 /21 /34 /31 /i255 /45 /19 /20 /i255 /29 /22/20/46 /31 /33 /23 /19 /39 /i255 /50 /37 /51 /52 /19 /i255 /36 /23 /28 /53 /37 /54 /34 /22 /32 /i255 /29/34/44 /37 /32 /54 /20 /19 /i255 /45 /32 /27 /13 /26 /13 /35 /16 /i255 /44 /22 /38 /38 /20 /19 /21 /34 /22 /23 /19 /i255 /45/32/29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /45 /32 /13 /42/13 /35 /41 /27 /41 /i255 /46 /30 /47 /23 /51 /19 /32 /i255 /55 /37 /32 /51 /i255 /49/20/55 /37 /52 /i255 /44 /30 /37 /19 /56 /i255 /29 /34 /13 /13/13 /26 /16 /14 /41 /i255 /29 /47 /23 /51 /22 /33 /23 /i255 /50 /51 /13 /26/13 /26 /41 /41 /16 /i255 /46 /22 /33 /23 /30 /37 /20 /20 /i255 /44 /34 /13 /35/13 /14 /13 /35 /13 /i255/57/31/32 /19 /i255 /36 /31 /23 /19 /13 /14/13 /35 /16 /13 /35 /i255 /29 /31 /30 /31 /32 /31 /i255 /36 /23 /13 /41/13 /26 /27 /13 /16 /i255/57/31/58 /20 /19 /i255 /53 /31 /20 /20 /19 /39 /i255 /50 /51 /13 /15/13 /35 /26 /42 /13 /i255 /44 /20 /22 /25 /19 /32 /20 /39 /13 /16/13 /13 /41 /27 /28 /i255 /59 /22 /20 /20 /39 /25 /31 /20 /19 /i255 /24 /25/19/29 /39 /54 /31/60/22/32 /19 /i255 /29 /34 /13 /28/13 /26 /14 /26 /27 /i255/57/31/51 /19 /32 /31 /i255 /29 /34 /13 /27/13 /26 /16 /16 /41 /i255 /29 /47 /23 /51 /22 /33 /23 /i255 /50 /51 /26 /42/13 /26 /14 /16 /26 /i255/57/19/21 /31 /i255 /53 /19 /32 /51 /19 /i255 /44 /34 /26 /13/13 /35 /42 /16 /42 /i255 /29 /31/60/58/37 /21 /37 /i255 /24 /25 /19 /26 /26/13 /26 /41 /15 /16 /i255 /61 /31 /51 /19 /i255 /50 /51 /26 /35/13 /35 /41 /41 /42 /i255 /55 /20 /47 /19 /i255 /29 /31 /52 /19 /i255 /44 /34 /26 /14/13 /26 /13 /14 /15 /i255 /29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /45 /32 /26 /41/13 /35 /41 /16 /13 /i255 /62 /32 /22 /23 /21 /34 /22 /23 /19 /i255 /44 /37 /32 /26 /15/13 /26 /26 /42 /28 /i255 /29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /45 /32 /26 /16/13 /26 /13 /28 /41 /i255 /44 /22 /38 /38 /20 /19 /21 /34 /22 /23 /19 /i255 /45 /32 /26 /28/13 /26 /26 /15 /26 /i255 /29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /44 /37 /32 /26 /27/13 /26 /26 /15 /27 /i255 /44 /22 /38 /38 /20 /19 /21 /34 /22 /23 /19 /i255 /44 /37 /32 /35 /42/13 /26 /26 /15 /27 /i255 /29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /44 /37 /32 /35 /13/13 /26 /26 /28 /35 /i255 /29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /44 /37 /32 /35 /26/13 /26 /26 /15 /13 /i255 /29 /34 /22 /23 /19 /52 /31 /34 /19 /i255 /44 /37 /32 /35 /35/13 /35 /35 /28 /14 /i255 /20 /22 /23 /52 /38 /22 /33 /i255 /44 /34 /35 /14/13 /26 /26 /35 /26 /i255 /49 /20 /47 /34 /22 /i255 /51 /32 /35 /41/13 /26 /26 /26 /41 /i255/63/31/20 /31 /64 /39 /i255 /29 /34 /35 /15/13 /26 /28 /26 /14 /i255 /49 /22 /23 /51 /19 /32 /22 /21 /31 /i255 /50 /31 /23 /54 /30 /i255 /50 /51 /35 /16/13 /41 /16 /35 /28 /i255 /49 /47 /19 /21 /34 /31 /i255 /45 /19 /20 /i255 /29 /22/20/53 /37 /20 /20 /31 /52 /19 /i255 /45 /32 /35/28/13/26 /14 /41 /28 /i255 /29 /31 /23 /34 /37 /31 /52 /22 /i255 /45 /32 /35/27/13/35 /26 /15 /42 /i255 /55 /32 /37 /52 /30 /34 /22 /23 /i255 /44 /37 /32 /14/42/13/41 /14 /41 /35 /i255 /44 /30 /22 /20 /31/60/19/i255 /50 /51 /7 /1 /6 /2 /8 /12 /4 /12 /i255 /11 /5 /65 /12/66/3/67 /68 /i255 /69 /12 /70 /3 /5 /8 /i255 /0 /1 /2 /3 /4 /5 /1 /6 /9 /0 /1 /2 /3 /4 /5 /1 /6/i255/8 /9 /1 /10 /10 /i255 /11 /4 /9 /12 /12/4/8 /1 /9 /6 /12/9 /13 /14 /15 /16 /17 /18 /19 /20 /20 /15 /i255 /14/22/23 /24/24/14/25 /19 /26 /15 /i255 /14/22/26 /24/22/27 /28 /23/15 /29 /27 /30 /14 /15 /16 /17 /18 /19 /20 /20 /15 /i255 /14/22/23 /24/24/14/25 /19 /26 /15 /i255 /14/22/29 /24/17/27 /28 /23/15 /29 /27 /31 /14 /15 /16 /17 /18 /19 /20 /20 /15 /i255 /14/22/27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/29 /24/17/27 /28 /15/16 /29 /27 /32 /14 /15 /16 /17 /18 /19 /20 /20 /15 /i255 /14/22/27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/26 /24/22/27 /28 /15/16 /29 /27 /33 /16 /22 /22/24/23 /28/15 /16 /14 /i255 /14/22/28 /19 /20 /20 /18 /19 /15/23/i255/34/20/29 /24/17/27 /28 /23/15 /29 /27 /35 /16 /22 /22/24/23 /28/15 /16 /14 /i255 /14/22/28 /19 /20 /20 /18 /19 /15/23/i255/34/20/26 /24/22/27 /28 /23/15 /29 /27 /36 /18 /19 /37 /27/24/22/19 /16 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /37/27/29 /24/17/27 /28 /23/15 /29 /27 /38 /18 /19 /37 /27/24/22/19 /16 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /37/27/26 /24/22/27 /28 /23/15 /29 /27 /39 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /14/22/29 /24/17/27 /28 /23/15 /29 /27 /13 /40 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /14/22/29 /24/17/27 /28 /15/16 /29 /27 /13 /13 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /14/22/26 /24/22/27 /28 /23/15 /29 /27 /13 /30 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /14/22/26 /24/22/27 /28 /15/16 /29 /27 /13 /31 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/27 /22 /19 /26 /19 /14 /16 /14 /i255 /37/27/26 /24/22/27 /28 /23/15 /29 /27 /13 /32 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/27 /22 /19 /26 /19 /14 /16 /14 /i255 /37/27/26 /24/22/27 /28 /15/16 /29 /27 /13 /33 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/22 /24/37/41 /42/24/22/14 /i255 /14/22/29 /24/17/27 /28 /15/16 /29 /27 /13 /35 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/22 /24/37/41 /42/24/22/14 /i255 /14/22/26 /24/22/27 /28 /15/16 /29 /27 /13 /36 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/22 /19 /18 /19 /15 /22 /16 /i255 /14/22/26 /24/22/27 /28 /23/15 /29 /27 /13 /38 /27 /22 /19 /26 /19 /14 /16 /14 /i255 /14/22/22 /19 /18 /19 /15 /22 /16 /i255 /14/22/26 /24/22/27 /28 /15/16 /29 /27 /13 /39 /34 /15 /25 /25 /20 /15 /i255 /25 /15 /16 /37 /28 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /14/22/29 /24/17/27 /28 /23/15 /29 /27 /30 /40 /34 /15 /25 /25 /20 /15 /i255 /25 /15 /16 /37 /28 /i255 /14/22/18 /19 /37 /27/24/22/19 /16 /i255 /14/22/29 /24/17/27 /28 /15/16 /29 /27 /30 /13 /23/24 /24 /14/25 /19 /26 /15 /i255 /14/22/14 /15 /16 /17 /18 /19 /20 /20 /15 /i255 /14/22/29 /24/17/27 /28 /23/15 /29 /27 /8 /43 /9 /44 /i255 /45 /2 /2 /12 /10 /10 /i255 /46 /3/47/48/i255 /0 /1 /2 /3 /4 /5 /1 /6 /10 Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: August 16, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Macerich Assistance Payment #8 - Mall of Victor Valley Development Agreement Recommendation:

That Your Honorable City Council:
(1) authorizes assistance payment as provided for in the Development Agreement with Macerich Victor Valley LLC in the amount of $466,859 for Calendar Year (CY) 2021, and
(2) approves Resolution No. 22-095 authorizing an additional appropriation for the Fiscal Year 2021-2022 budget in the amount of $366,859.

Fiscal Impact:

This item has a fiscal impact of $466,859 out of the General Fund. This item is in the approved budget for Fiscal Year (FY) 2021-2022; however, higher than expected sales resulted in increased sales tax revenue thus it requires an additional appropriation of $366,859. It will be paid out of the budget account of 1000010-52300-97029 which is the coding for General Fund Contract Services for Macerich Sales Tax Distribution.

Background:

At the City Council meeting of July 17, 2012, the City Council adopted Ordinance 2291 approving a Development Agreement with Macerich Victor Valley LLC, owners of the Mall of Victor Valley (the Mall). The Development Agreement was approved resulting from Council’s recognition that the Mall has experienced declining gross sales since 2007 which directly correlated with a reduction in sales tax generated to the City and available to fund its essential public services, including police and fire. The analysis at that time had shown that gross sales at the Mall have reduced from $175 million in 2006 to $106 million in 2010.

Pursuant to the Development Agreement, the Mall is permitted to receive the tier one maximum amount until the $18.89 million threshold is reached. Upon approving the 2 7
4 5
subject Development Agreement, the City required, as a condition to its assistance, that the Mall would perform redevelopment that would reposition the Mall to becoming a destination for the diverse shopping demographics of the valley and keeping it fresh and attractive for future tenants of the Mall. Among the required performance measures, the Mall was required, pursuant to Article 5 of the Development Agreement to: 1. Successfully relocate into expanded space and cause for the public opening of a reformatted JC Penney. 2. Successfully cause for the opening of a new Macy’s as a fashion retail anchor.

3. Complete the remodel of all exterior entry ways. 4. Sign leases for up to 25,000 square feet of space (that was the former JC Penney anchor pad) with planned occupancy within 9 months from the date of the signed lease.

To assist in off-setting certain costs to achieve the aforementioned performance measures, once those performance measures were achieved, the City agreed to provide assistance payments in annual amounts equal to the sales tax received by the City that is in excess of a baseline to be retained by the City of $1 million. The agreement allows an aggregate collection of up to $18,886,644 in payment assistance or for a period of 28 years, whichever occurs first. If the maximum of $18,886,644 is not reached by the end of the 28 years, the City of Victorville has reached the conclusion of the assistance agreement and no additional payments will be made. The performance measures were satisfied by the Mall in calendar year 2013, therefore, 2013 became the measurement year where City assistance was to be commenced. Notably, the Mall added Dick’s Sporting Goods to satisfy performance measure #4 and has exceeded the space requirement of the Development Agreement.

Discussion:

City staff employs HDL Companies to conduct sales tax analysis for all tenants at the Mall, including its anchor tenants. In the aggregate, that analysis is represented with the following:

Calendar Year 2021
Sales Tax Generated at Mall of Victor Valley $1,470,859 Sales Tax Threshold ($1,000.000)
Assistance Payments Due (Gross) $ 470,859
Ex C-10 Contract Maintenance Fee ($ 2,000)
Ex C-11 Sales Tax Analysis Fee ($ 2,000)
Due to Mall of Victor Valley $ 466,859
Attachment A shows the charts provided for in the original agreement which reflects a predicted erosion of Sales Tax as well as Sales Tax Increment Sharing proposal by Macerich Victor Valley LLC. Attachment B shows actual sales tax payments since the start of this development agreement.

Calendar year 2020 shows no payment as with the issued stay at home orders resulting in the shutdown of the mall for a large portion of the year, the sales tax generated at the mall did not exceed the threshold deduction. During calendar year 2021 there was a 2 7
4 5
surprising turn around in spending, which resulted in much larger than previous generation of sales tax and an increased payment to Macerich. Calendar year 2022 has still shown higher than predicted sales tax returns although they are decreasing from prior year starting in the second half of 2022 coinciding with the rise in inflation.

Staff remains available for any questions council may have.

Attachments: A. Macerich Development Agreement original charts B. Macerich payments disbursed to date
C. Resolution No. 22-095

ATTACHMENT A
Macerich Development
Agreement 2011 Charts

ATTACHMENT A
The chart below was then presented and summarized the trend line of gross sales at the Mall and the projected downward trend had the City Council chose to not assist. For comparison purposes, had the City chosen not to assist in the redevelopment of the Mall, the Mall was projected in 2014 to realize $88.28 million in gross sales which would have yielded an estimated $882,800 in City sales tax revenue.

Er
osion of Sales Tax
The char
t provided below was then used to help illustrate, based on Macerich projections, what the sales tax sharing could look like over the next 20 years, though pursuant to the Development Agreement, the Mall is permitted to receive the tier one maximum amount until the $18.89 million threshold is reached.

Sal
es Tax Increment Sharing
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
$160,000,000
$180,000,000
$200,000,000
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
Actual Sales
Projected Sales
Linear (Projected Sales)
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
Tier One Maximum Amount
Base Sales Tax Revenues
$50.72 million
$88.28 million
$175 million
Projections
total
$18,886,644
over term of
agreement

ATTACHMENT B
Payments distributed to
Macerich to date

ATTACHMENT B
The chart below reflects the distribution of Sales Tax to Macerich since the inception of the Sales Tax Agreement in 2013. There is a steady gain in activity from 2013 until 2016. This has been followed by several years of decline which have been primarily a loss of sales to online retailers. Total amount paid through 2020 is $2,024,386 and with the approval of council for this payment, the total through 2021 would be $2,491,245 of the maximum $18.89 million threshold with 19 years remaining in this agreement. Next year is predicted to be lower than 2021 based on current information received to date. 143,159
257,697
320,746
381,979
331,092 310,556
279,157
0 466,859
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
2013 2014 2015 2016 2017 2018 2019 2020 2021
Sales Tax Distributed to Macerich

ATTACHMENT C
Resolution No. 22-095
RESOLUTION NO. 22-095

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-2022;

APPROVING ADDITIONAL APPROPRIATIONS FOR THE GENERAL
FUND
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices , together with a proposed budget for the fiscal year 2021-2022; and WHEREAS, copies of said budget amendment were prepared and distributed to the City Council, were approved by the City Council on June 15, 2021, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the City Council for approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 2021-2022 for the City of Victorville is hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item Staff Report for Council Meeting of August 16, 2022.

Account Amount Adjusted
10000110-52300-97029 $366,859.00
SECT
ION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments and offices of the City.

SECTION 3. That this Resolution becomes effective immediately upon its adoption.

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: August 16, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center Project - Grant of Easement to Southern California Edison (SCE) Recommendation:

Staff recommends that the Honorable City Council grant an easement to Southern California Edison (SCE) as described in the attached documents and authorize the City Engineer to make minor revisions to the documents if required.

Fiscal Impact:

There will not be a fiscal impact resulting from this action.

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. The Wellness Center Project has been under construction since April 1, 2022.

Discussion:

SCE will be providing the electrical power to serve the Wellness Center Project. The electrical infrastructure will run from First St. to the interior of the site. The SCE electrical infrastructure to the site consists of underground of conduits, cables and vaults, and some above ground enclosures for electrical equipment. This electrical infrastructure will be owned, operated, and maintained by SCE up to the point of electrical service for the Wellness Center.

To facilitate the construction of the electrical infrastructure and the eventual provision of electrical power to the site, the City needs to grant an easement to SCE for access and maintenance. The proposed easement is a 6 foot wide strip, terminating at a 14 foot wide 2 7
2 9
by 18 foot long rectangular area for the electrical infrastructure that will be needed to serve the site. The easement document, legal description, and plat (Attachment A) was prepared by SCE and reviewed by City staff. The documents are being further reviewed by Engineering staff and there may be some minor revisions to the documents prior to recording the easement. Staff is requesting that City Council authorize the City Engineer to make those revisions should they be required.

Staff recommends that the Honorable City Council grant an easement to Southern California Edison (SCE) as described in the attached documents and authorize the City Engineer to make minor revisions to the documents if required.

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

Attachment: A. Easement, Legal Description and Plat

Attachment A

∆POR. NW /14 OF SEC. 10,T 5 N, R 4 W, S.B.B.&M.PARCEL 2 PER DEEDREC. 12/13/1988DOC. #88-433833, O.R.SAN BERNARDINO CO.

POR. NW /14 OF SEC. 10,T 5 N, R 4 W, S.B.B.&M. PER DEED REC. 05/12/2022DOC. #2022-0178000, O.R.SAN BERNARDINO CO.

POR. W 1/2 OF SEC. 3,T 5 N, R 4 W, S.B.B.&M. PER DEED REC. 02/20/2001DOC. #20010061518, O.R.SAN BERNARDINO CO.LOT 25 LOT 15
APPLETON LAND WATER AND POWERCOMPANY'S SUBDIVISION NO. 4M.B. 21 / 19SAN BERNARDINO CO.

NEXHIBIT "A"
I
tem Number: 23
City Council / Board of Directors
Written Communications
Meeting of: August 16, 2022
Submitted By:

Mazharul Islam, Technology Officer
Subject:

Wellness Center Network and Telecommunications Equipment Order Recommendation:

That the Honorable City Council:
1) aw
ard the purchase of on-site network and telecommunication hardware, software, and installation services to Logicalis, Inc. in the amount not to exceed $301,198.75 for the Wellness Center located at 16902 First St, and
2) authorize the City Manager to execute any documents related to this transaction.

Fiscal Impact:

This project is being funded with Permanent Local Housing Allocation (Year 2) funds available in expense account 2704020-52300-20493 which has total budget of $983,520.00.

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 cl inic, interim housing, and wraparound support services.

O
n 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. Construction commenced on April 1, 2022.

I
n addition, 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.

Finally, the City Council took action to approve four supplemental work orders as part of Phase 1 of the project at the meeting of July 19, 2022. These work orders addressed additional costs incurred from unforeseen high groundwater impacts that required mitigation.

Discussion:

The Information Technology Department has been working with City project managers and design consultants to design the information technology infrastructure that will be needed to operate the forthcoming Wellness Center located at 16902 First St since project initiation. Global supply chain difficulties warrant the ordering of the equipment being contemplated in this proposal as soon as feasibly possible to increase the likelihood of an on-time delivery of certain switches that have multi -month lead times according to the product manufacturer, Cisco.

Logicalis, Inc. has been the City’s partner for many years in architecting and deploying various solutions to improve the City’s network infrastructure. Attachment A contains the quotation they have submitted, in the amount of $301,198.75, to outfit the site with the needed telecommunication and network equipment to operate. This includes switches, battery backups, wireless access points (aka: Wi -Fi devices), telephones, routers, a firewall, and network cabling to connect the switches to the routers and firewall. This equipment is standard for a site of this type, but industrial switches that can handle high heat conditions will be needed for the residential buildings as this equipment will need to be placed in an exterior enclosure due to lack of a climate-controlled area suitable for the equipment within the residential buildings. Installation of interior ethernet (Cat6) cables to connect all devices within each building and exterior fiber -optic cabling to connect each building to the primary switch will be performed by a separate vendor/contractor.

Spectrum Enterprise will provide the site with its internet connection once they have their infrastructure in place within the right-of-way adjacent to the site.

The proposed purchase of this hardware, software, and installation services adheres to the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement #AP3227 (Attachment B), with Cisco Participating Addendum CA #7- 20-70- 47-01 (Attachment C) cooperative purchasing contract, which is valid through September 30, 2024. The primary goal of public procurement is to obtain quality goods and services to support effective and efficient use of public funds. Utilizing a competitive bid cooperative contract can save significant time and money in the procurement process as well as lower contract prices through the power of aggregation. NASPO contracts involve all 50 state procurement officials through a statewide participating addendum (PA) with the NASPO ValuePoint suppliers / contractors, as in this case, The ReDesign Group via the Dell Marketing LP contract. This contract, as well as many others, was competitively solicited, aggregating all 50 states’ needs. The ValuePoint Executive Council awards the master agreements and are available to all states, their political subdivisions, and other eligible entities, such as non-profits. This cooperative purchasing agreement meets the

requirements of Section 2.28.100 of the Victorville Municipal Code (VMC) under subsection 2.28.100(b)(3), which states that the Honorable City Council may authorize the purchase of general services, supplies or equipment through a cooperative purchasing arrangement pursuant to Section 2.28.120 and are at least as restrictive as the City’s procurement requirements.

Information Technology (IT) Department Staff recommend that the Honorable City Council take action to award the purchase of the proposed hardware, software, and installation services to Logicalis, Inc. to outfit the Wellness Center with the network and telecommunication equipment needed for the site to operate once it is staffed.

IT Department Staff are available to answer any questions you may have.

Attachments: A. Logicalis, Inc Victorville Wellness Center Quote # 2022-139534v3 B. NASPO Value Point Master Agreement No. AP3227
C. Cisco Participating Addendum CA #7-20-70-47-01

ATTACHMENT A
COV - Victorville Wellness Center
Quotation # 2022-139534v3
Prepared By Logicalis for:

City of Victorville

To the attention of :

Matthew Pugh
City of Victorville
14343 Civic Dr
Victorville, CA 92392-2303
Tel: (760) 955-5069
Email: [email protected]

July 27, 2022

Executive Summary

On behalf of Logicalis, please find our proposed solution for your project.

Logicalis, Inc. will pay prevailing wages per the State of California Department of Industrial Relations' Prevailing Wage Laws for Public Work Projects for all work that is done on-site.

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Pricing Summary
The following is a price summary of Logicalis’ proposed solution.

Price Summary

Amount

Hardware

$223,174.00

Software

$8,198.06

Hardware Maintenance

$10,241.84

Professional Services

$38,941.25

Grand Total

$301,198.75

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

COV - Victorville Wellness Center
Quotation # 2022-139534v3

Customer Name & Address

Logicalis Account Executive

Matthew Pugh
City of Victorville
14343 Civic Dr
Victorville, CA 92392-2303
(760) 955-5069
[email protected]

Jesse Zepeda
Corona, CA 90602
+1 9513932313
[email protected]

Bill To Address

Ship to Address

City of Victorville
14343 Civic Dr
Victorville, CA 92392-2303

City of Victorville
14343 Civic Drive
Victorville, CA 92393

Quotation expiration date: August 30, 2022
This Quotation adheres to the pricing requirements of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 contract.

Item

Qty

Part Number

Description

List Price

Discount
%

Unit Price

Extended Price

Products

1 1 Fiber Patch Cables Fiber Patch Cables Subtotal: $300.20 2 20 N370-01M TRIPP LITE : 1M Duplex
Singlemode 8.3/125
Fiber Optic Patch Cable
LC/LC 3ft 1 Meter
$25.60 41.37% $15.01 $300.20
3 1 UPS UPS Subtotal: $9,398.13
4 1 SRT5KRMXLT -5KTF APC BY SCHNEIDER
ELECTRIC : APC
Smart-UPS On-
Line;4250 Watts /5000
VA;Input 208V /Output
120V; 208V; Interface
Port Contact Closure;
RJ-45 10/100 Base-T;
RJ-45 Serial; Smart-
Slot; USB; Extended
runtime model; Rack
Height 5 U
$10,030.00 34.28% $6,591.93 $6,591.93
5 3 SMT1500RM2UC APC BY SCHNEIDER
ELECTRIC : APC
Smart-UPS 1500VA
LCD RM 2U 120V with
SmartConnect
$1,440.00 35.04% $935.40 $2,806.20
City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Item

Qty

Part Number

Description

List Price

Discount
%

Unit Price

Extended Price

6 1 Aggregation Switch Aggregation Switch Subtotal: $16,339.40 7 1 MS425-16-HW Meraki MS425-16 L3
Cld-Mngd 16x 10G
SFP+ Switch
$18,547.64 48.00% $9,644.77 $9,644.77
8 1 LIC-MS425-16-1YR Meraki MS425-16
Enterprise License and
Support; 1YR
$974.43 48.00% $506.70 $506.70
9 1 MA-CBL-TA-1M Meraki 10 GbE Twinax
Cable with SFP+
Modules; 1 Meter
$130.06 48.00% $67.63 $67.63
10 10 MA-SFP-1GB-LX10 Meraki 1000Base LX10
Single-Mode
$1,176.98 48.00% $612.03 $6,120.30
11 1 Community Buildings Community Buildings Subtotal: $72,125.36 12 8 MS250-48FP-HW Meraki MS250-48FP L3
Stck Cld-Mngd 48x GigE
740W PoE Switch
$13,804.27 48.00% $7,178.22 $57,425.76
13 8 LIC-MS250-48FP-1YR Meraki MS250-48FP
Enterprise License and
Support; 1YR
$738.20 48.00% $383.86 $3,070.88
14 8 MA-PWR-1025WAC Meraki 1025WAC PSU $2,141.85 48.00% $1,113.76 $8,910.08 15 4 MA-CBL-40G-50CM Meraki 40GbE QSFP
Cable; 0.5 Meter
$130.06 48.00% $67.63 $270.52
16 4 MA-SFP-1GB-LX10 Meraki 1000Base LX10
Single-Mode
$1,176.98 48.00% $612.03 $2,448.12
17 1 Industrial Switches Industrial Switches Subtotal: $108,588.41 18 7 GLC-LX-SM-RGD= 1000Mbps Single Mode
Rugged SFP
$1,335.28 48.00% $694.35 $4,860.45
19 14 IE-4010-4S24P IE4010 with 24GE
Copper PoE+ ports and
4GE SFP uplink ports
$9,529.43 48.00% $4,955.30 $69,374.20
20 14 CON-SNT -IE40104S SNTC-8X5XNBD
IE4010 4x 1G SFP; 24
$892.15 18.00% $731.56 $10,241.84
21 28 PWR-RGD-AC-DC-250 Higher PoE; 250W PSU
for IE4010/5000;
100-240VAC/
100-250VDC
$1,656.04 48.00% $861.14 $24,111.92
22 14 IOT -OTHER Not related to an IoT
Solution; For tracking
only.
$0.00 0.00% $0.00 $0.00
City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Item

Qty

Part Number

Description

List Price

Discount
%

Unit Price

Extended Price

23 14 NO-IOT -SOLUTION Not related to an IoT
Solution; For tracking
only.
$0.00 0.00% $0.00 $0.00
24 14 IE4010_SW Software for IE4010
rugged series switch
$0.00 0.00% $0.00 $0.00
25 1 Wireless Access Points Wireless Access
Points
Subtotal: $12,878.64
26 12 MR46-HW Meraki MR46 Wi-Fi 6
Indoor AP
$1,886.71 48.00% $981.09 $11,773.08
27 12 LIC-ENT -1YR Meraki MR Enterprise
License; 1YR
$177.17 48.00% $92.13 $1,105.56
28 1 Firewall Firewall Subtotal: $5,942.44
29 1 MX95-HW Meraki MX95 Router/
Security Appliance
$5,908.52 48.00% $3,072.43 $3,072.43
30 1 LIC-MX95-SEC-1Y Meraki MX95 Advanced
Security License and
Support; 1YR
$5,519.25 48.00% $2,870.01 $2,870.01
31 1 Outdoor WAPs Outdoor WAPs Subtotal: $9,936.57
32 7 MR76-HW Meraki MR76 Wi-Fi 6
Outdoor AP
$2,081.88 48.00% $1,082.58 $7,578.06
33 7 LIC-ENT -1YR Meraki MR Enterprise
License; 1YR
$177.17 48.00% $92.13 $644.91
34 14 MA-ANT -20 Meraki Dual-band Omni
Antennas
$235.39 48.00% $122.40 $1,713.60
35 1 Voice Voice Subtotal: $5,979.75
36 25 CP-8841-3PCC-K9= Cisco IP Phone 8841
with Multiplatform Phone
firmware
$597.98 60.00% $239.19 $5,979.75
37 1 MISC MISC Subtotal: $125.00
38 1 MISCHDWE Misc. Hardware Kit
(Velcro and Mounting
Hardware)
$125.00 0.00% $125.00 $125.00
Products Subtotal

$241,613.90

Services - Fixed Fee

39 1 PS Project Initiation $47,211.63 58.76% $19,470.63 $19,470.63 40 1 PS Project Completion $47,211.63 58.76% $19,470.62 $19,470.62 Services Fixed Fee Subtotal

$38,941.25

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Grand Total

Products and Services Subtotal:

$280,555.15

Sales Tax (estimated):

$20,643.60

Grand Total:

$301,198.75

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Services Statement of Work
Communication & Network Services - Webex Calling Implementation Tasks and Activities

1 Plan

1.1 Implementation Planning

1.1.1 Review and validation of the project implementation strategy

1.1.2 Data gathering meeting with Customer to include network infrastructure, dial plan, voice gateway, migration, training, and cutover planning

1.1.3 Data gathering for site with 1-25 users

1.1.4 Low Level Design Document (LLD) creation and technical review

1.1.5 Conduct a Customer review meeting for approval of the implementation plan, test plan and fallback plan

2 Implement

2.1 Implementation Configuration

2.1.1 Configure Webex Calling in Control Hub

2.1.2 Configure cloud connected PSTN

2.1.3 Basic Webex calling feature set. (2) auto attendants, (2) hunt groups, (1) paging group, call pickup, and call park

2.1.4 Configure up to (50) users with devices for Webex Calling

2.1.5 IP Phone deployment (25)

3 Validate

3.1 System Cutover

3.1.1 Feature validation and Testing

3.1.2 Execution of test plan following cutover

4 Support

4.1 Knowledge Transfer

4.1.1 Provide up to (4) hours of system administrator knowledge transfer

4.2 Support

4.2.1 Provide up to (4) hours of day-1 support either onsite or remote

Communication & Network Services - Route /Switch
Tasks and Activities

1 Plan

1.1 Implementation Planning for Installation

1.1.1 Gather solution requirements for project implementation

1.1.2 Create a high-level timeline

1.1.3 Develop the informal implementation plan

1.1.4 Conduct a Customer review meeting for approval of the implementation plan

2 Implement

2.1 Device Staging

2.1.1 Unbox, power on and verify hardware integrity

2.1.2 Contact the vendor for replacement if the equipment is damaged or faulty

2.2 Install Switches

2.2.1 Rackmount and configuration of one (1) new Meraki MS425-16 switch, including installation of transceivers and patch cables

2.2.2 Rackmount and configuration of eight (8) new Meraki MS250-48FP switches, including installation of transceivers and patch cables

2.2.3 Rackmount and configuration of fourteen (14) new IE-4010-4S24P switches, including installation of transceivers and patch cables

2.3 UPS Units

2.3.1 Installation of (4) UPS Units
City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

3 Validate

3.1 Testing

3.1.1 Test switches to verify connectivity

3.1.2 Save switch configurations upon successful test results

3.2 Cutover

3.2.1 Cutover equipment into production

4 Support

4.1 Day One Support

4.1.1 Provide one (1) hour of remote first business day support

4.2 Documentation

4.2.1 Provide as build documentation

Communication & Network Services - WiFi
Tasks and Activities

1 Plan

1.1 Implementation Planning for Installation

1.1.1 Gather solution requirements for project implementation

1.1.2 Create a high-level timeline

1.1.3 Develop the informal implementation plan

1.1.4 Conduct a Customer review meeting for approval of the implementation plan

2 Implement

2.1 Device Staging

2.1.1 Unbox and verify hardware integrity

2.1.2 Contact the vendor for replacement if the equipment is damaged or faulty

2.2 Install Access Points

2.2.1 WAP installation up to twelve (12) new Meraki MR46 wireless access points

2.2.2 WAP installation up to seven (7) new Meraki MR76 wireless access points

2.2.3 Documenting placed access points : serial numbers, MAC address , Location description

2.2.4 Configure new Meraki wireless cloud based controller

2.2.5 Configure up to nineteen (19) new Meraki wireless access points on new cloud controller

3 Validate

3.1 Testing

3.1.1 Verify that all newly installed access points are reachable through the wireless controller

3.1.2 Test wireless connectivity and throughput on each SSID

3.1.3 Save configurations and perform a backup

3.2 Cutover

3.2.1 Cutover equipment into production

4 Support

4.1 Day One Support

4.1.1 Provide one (1) hour of remote first business day support

4.2 Documentation

4.2.1 Provide as build documentation

Communication & Network Services - Security
Tasks and Activities

1 Plan

1.1 Implementation Planning for Installation

1.1.1 Gather solution requirements for project implementation

1.1.2 Create a high-level timeline

1.1.3 Develop the informal implementation plan

1.1.4 Conduct a Customer review meeting for approval of the implementation plan City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

2 Implement

2.1 Device Staging

2.1.1 Unbox, power on and update software as needed on all equipment

2.1.2 Contact the vendor for replacement if the equipment is damaged or faulty

2.2 Install Firewall

2.2.1 Install and configure one (1) new Meraki MX95 firewall appliance with basic features

2.2.2 Configure other parameters as necessary for proper operation

3 Validate

3.1 Testing

3.1.1 Test to verify network connectivity

3.1.2 Save configurations and perform a backup

3.2 Cutover

3.2.1 Cutover equipment into production

4 Support

4.1 Day One Support

4.1.1 Provide two (2) hours of first business day support

4.2 Documentation

4.2.1 Provide as build documentation

Deliverables
• Implementation Plan
• Informal Recording of Knowledge Transfer
• As-built documentation

Project Management
The assigned Logicalis Project Manager will be responsible for providing the following services: Project Management (Medium Rigor) Planning
• Project kick-off call agenda & notes
• Project kick-off call facilitation
• Identify project team and define roles & responsibilities • Resource Scheduling
• Project Work Breakdown Structure (WBS) & Gantt creation • Supplemental project information management
Execution
• Product tracking, if applicable
• Project status call agenda & notes
• Weekly project status call facilitation
• Weekly project status report, consisting of:

1. Overall Health Status

2. Schedule, Risk & Budget Key Performance Indicator (KPI) Reporting

3. Percentage Complete

4. Project Phase

5. High Level Accomplishments

6. Current Activities / Upcoming Activities

7. Past Due Activities

8. Project Issues

9. Financial & Hours Summary, applicable to T&M projects • Resource management & allocation
• Project WBS & milestone management
City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

• Project escalations
Monitoring & Controlling
• Project Deliverable review and delivery, as applicable • Scope management
• Document Project Change Requests (PCRs), if applicable • Timeline & budget monitoring
• Project performance measurement
• Risk monitoring
Closing
• Project closure call
• Project Closure and Acceptance processing
City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Assumptions / Customer Responsibilities

• Site power and grounding meets hardware manufacturer requirements • Customer will be responsible for all electrical work required to supply the appropriate input power to all new networking equipment. This may include new electrical breakers, new receptacles and/or wiring pigtails and miscellaneous supplies that may be necessary before and/or after the installation has been completed • Logicalis assumes all access point install locations are reachable with a 10ft ladder • Quote does not include lift services
• Quote does not include ethernet or fiber patch cables • Customer will be responsible for supplying all patch cables needed • Quote does not include services for running any type of new cabling • Quotes does not include services for any rack installations City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Terms and Conditions
Terms Applicable to All Sales

1. In the event Customer chooses to lease the Products and/or Services from a third party leasing company, Customer remains liable for payment to Logicalis for all Products and/or Services purchased until Logicalis receives payment from such leasing company.

2. All items not specifically included in this document are out of scope.

3. Prices are valid for 30 days from date of the document unless otherwise stated.

4. The information in this document is considered proprietary and confidential to Logicalis. By acceptance of this Quotation, Customer agrees to maintain this confidentiality and use such information for internal purposes only.

Terms Applicable for Product Sales

1. To the extent applicable, the terms of the NASPO ValuePoint Master Agreement #AR3227, Cisco Participating Addendum CA #7-20-70-47-01 are incorporated herein by reference. For all other terms not addressed in the previously stated contract, Logicalis Terms of Sale, found on our website at www.us.logicalis.com/tcsales apply and are incorporated herein by reference.

2. Any variation in quantity or requested delivery may result in price changes.

3. Prices are subject to change without notice in the event the Product's manufacturer/distributor changes the price to Logicalis.

4. Shipping and taxes are added at time of invoice. Shipping charges are subject to handling fees for specifying carriers and same day shipments.

5. Logicalis collaborates with the OEM/distributor to schedule delivery to Customer’s loading dock; inside delivery is available upon request and may increase the cost of delivery.

6. To the extent this Quotation includes Cisco Cloud Services, the following link shall apply:
www.cisco.com/c/en/us/about/legal/cloud-and-software/cloud-terms.html. “Cisco Cloud Services” shall mean any of the offerings described on the aforementioned link. If Customer does not issue a purchase order to Logicalis or otherwise accept a Logicalis quotation to renew such Cisco Cloud Services, or does not otherwise provide written notice of non-renewal, at least forty-five (45) days prior to the end of the then-current subscription term thereof, then the Cisco Cloud Services shall automatically renew and Customer agrees to pay Logicalis for such renewed subscription term at the rates charged by Logicalis therefor.

Terms Applicable for Services Sales

1. Logicalis' Terms and Conditions of Sale, found at us.logicalis.com/tcsales, are incorporated herein by reference.

2. In the event Customer reschedules delivery of Services within fourteen (14) calendar days of a scheduled delivery date, Logicalis reserves the right to charge Customer $1600 per day for each scheduled resource, plus any additional travel or other out of pocket expenses incurred as a result of the delay.

3. General customer responsibilities, project assumptions, change management processes, and other terms applicable to the delivery and receipt of services (as applicable to this Quotation), found at us.logicalis.com/gcr, are incorporated herein by reference.

4. Unless otherwise mutually agreed upon, reasonable travel expenses will be tracked separately and billed directly to Customer. Travel expenses will include cost incurred from travel (airfare, rental, car, mileage, tolls, and lodging). Meals, if any, will be billed at the per diem rate of $65.

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

5. Logicalis will provide insurance that meets Customer's insurance requirements set forth in Exhibit A, attached below.

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

Quotation Acceptance

Page intentionally left blank. This is a non-executable document.

City of Victorville
July 27, 2022

Logicalis, Inc.

Quotation # 2022-139534v3

THE CITY OF VICTORVILLE

INSURANCE REQUIREMENTS

For General Services Provider Agreements

COVERAGES REQUIRED:

GENERAL LIABILITY $1,000,000 Million Dollars each Occurrence (Section 15 a. of Agreement) $2,000,000 Million Dollars per Aggregate

AUTOMOBILE $1,000,000 Million Dollars Combined Single Limit (Section 15 b. of Agreement)

WORKER’S
COMPENSATION $1,000,000 Million Dollars Each Accident
(Section 16 of Agreement) (This is a Statutory Limit required by the State of California)

EXCESS LIABILITY This coverage is only required if the Primary Policy does not meet our Standard Minimum Limits of Liability Criteria.

WAIVERS AND ENDORSEMENTS REQUIRED:

1. Additional Insured Endorsement (Ref.: Section 20 of Agreement).

The City will accept a blanket endorsement, but prefers a separate endorsement adding the City of Victorville and its officers, employees, servan ts, volunteers, and agents and independent contractors, including without limitation, the City Attorney, to be named as Additional Insured’s . Statements to that effect on a Certificate of Insurance do not alter the insurance policies and are unenforceable, therefore, actual endorsements are required

Endorsement must be provided for both the GENERAL LIABIL ITY and AUTOMOBILE Policies of the Vendor.

2. Waiver of Subrogation Endorsement (Ref.: Section 19 of the Agreement)

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

(a) General Liability Policy
(b) Automobile Liability Policy
(c) Workers’ Compensation

3. Primary and Non-contributory endorsements for the GL and Auto policies. (Ref.: Section 20 e. of the Agreement).

Note: Statements to that effect on a Certificate of Insurance do not alter the insurance policies and are unenforceable, thus actual endorsements are required

4. Notice of Cancellation for Non-Payment (Ref.: Section 20 b. of the Agreement)

TEN (10) day advance written Notice of Cancellation for N on-payment of premium must be added to the above policies. While actual endorsements providing notice of cancellation are preferred, wording to that effect on the Certificate of Insurance woul d be acceptable given the difficulty at times in obtaining actual endorsements.

5. Certificate Holder

City of Victorville
14343 Civic Drive
Victorville, CA 92392

ATTACHMENT B

ATTACHMENT C

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-01

DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3227
Cisco Systems, Inc. (Contractor)
This Participating Addendum Number 7-20-70-47-01 is entered into between the state of California, Department of General Services (hereafter referred to as “State” or “DGS”) and Cisco Systems, Inc. (hereafter referred to as “Contractor”) under the lead state of Utah NASPO ValuePoint Master Agreement Number AR3227.

1. SCOPE
A. This Participating Addendum covers the purchase of Data Communications products and associated services under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR3227 is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).

B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.

C. Each local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.

2. TERM
A. The term of this Participating Addendum shall begin June 1, 2021, or upon signature approval by the State, whichever is later and will end September 30, 2024, or upon termination by the State, whichever occurs first.

B. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.

Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.

C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be after the Participating Addendum expiration date.

Participating Addendum 7-20-70-47-01

3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions – Information Technology (GSPD-401IT) effective 9/5/2014. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement- Division-Resources-List-Folder/Model-Contract-Language). 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019. This document can be viewed on the DGS Procurement Division website(https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement- Division-Resources-List-Folder/Model-Contract- Language). 3) Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18. This document can be viewed on the DGS Procurement Division website(https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/Model-Contract- Language).

4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-20-70-47-01 2) Utah NASPO ValuePoint Master Agreement Number AR3227

5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service categories are listed in the Utah NASPO ValuePoint Master Agreement AR3227:
1) Category 1.1 Unified Communications
2) Category 1.2 Networking
3) Category 1.3 Routers, Switches, Security, and Storage Networking 4) Category 1.4 Wireless
5) Category 1.5 Facility Management, Monitoring, and Control 6) Category 2.1 Maintenance Services
7) Category 2.2 Professional Services
8) Category 2.3 Partner Services
9) Category 2.4 Training
Participating Addendum 7-20-70-47-01

6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE

AGENCIES ONLY)
A. The following product and service offerings are prohibited for state agencies under this Participating Addendum.
1) Leasing (Note: State agencies may utilize financing available through DGS-PD GS $Mart program.)
These restrictions are not applicable to local governments.

B. Products and services that are available on the California Network and Telecommunications (CALNET) Program and mandatory California statewide contracts cannot be purchased from this Participating Addendum by non-exempt state agencies without an exemption.

State agencies are responsible for contacting the California Department of Technology (CDT) for CALNET contract exemptions and the DGS Procurement Division for mandatory statewide contract exemptions in accordance with the published User Instructions prior to issuing a purchase order.

This restriction is not applicable to local governments.

C. Services that fall within the definition of “public works” as defined in Public Contract Code, Section 1101 and Labor Code Section 1720 are disallowed under this cooperative agreement and must be procured by alternate means.

This restriction is not applicable to local governments.

7. PRICING
Contractor is responsible for maintaining a current price list of available products and services on the NASPO ValuePoint Data Communications 2019-2026 website.

8. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.

Participating Addendum 7-20-70-47-01

3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.

B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.

C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.

D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers’ contact information in writing at any time during the contract term.

E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.

F. State-approved Authorized Resellers will be posted on the State’s Cal eProcure website.

9. SUBCONTRACTORS
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor.

B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration (GSPD-05-105) provided to ordering agencies at the time an order is quoted.

C. As the prime contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and State Participating Addendum.

D. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.

Participating Addendum 7-20-70-47-01

10.ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.

B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State’s Cal eProcure website.

11. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.

B. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by a state agency.

12.DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and Contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.

B. Free On Board (F.O.B.) Destination to the ordering agency’s receiving point.

13. INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net 45 days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).

B. Invoices shall be sent to the address identified in the ordering agency’s purchase order. The State Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.

C. Contractor will accept the state of California credit card (CAL-Card) for payment of invoices.

14. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template Participating Addendum 7-20-70-47-01

attached hereto as Attachment A. The report is due even when there is no activity.

B. The DGS Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Agreement.

C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).

D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.

E. Tax must not be included in the report, even if it is on the purchase order.

F. Reports are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.

H. Time extensions may be approved only if all due reports have been submitted to the State.

15. ADMINISTRATIVE FEE
A. Contractor shall submit a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to 1.25% of the sales for the quarterly period.

B. Contractor must include the Participating Addendum Number on the check.

Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

C. Administrative fee checks shall be submitted to:

State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3rd Street, 2ndFloor, MS 2-202
West Sacramento, CA 95605
Participating Addendum 7-20-70-47-01

D. The administrative fee shall not be included as an adjustment to Contractor’s NASPO ValuePoint Master Agreement pricing.

E. The administrative fee shall not be invoiced or charged to the ordering agency.

F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.

G. Administrative fee checks are due for each quarter as follows:

Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.

16.CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor Contract Manager
Name: Jumana Dihu
Phone: (773) 269-6397
Email [email protected]
Address: Cisco Systems, Inc.

Attn: Jumana Dihu
170 West Tasman Dr.

San Jose, CA 95134
B. The State Contract Administrator for this Participating Addendum shall be as follows:

State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Email [email protected]
Participating Addendum 7-20-70-47-01

State Contract Administrator
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.

17.TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party.

This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

18.AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

19.AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof.

Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected.

The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

Participating Addendum 7-20-70-47-01

B. By signing below Contractor agrees to offer the same products/and or services as on the Utah NASPO ValuePoint Master Agreement Number AR3227, at prices equal to or lower than the prices on that contract.

C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Cisco Systems, Inc.

Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
170 West Tasman Dr.

San Jose, CA 95134
Address Address
5/28/21
Stephanne Lim, MAU2 Supervisor
Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: August 16, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center – Purchase of Sewer Lift Station
Recommendation:

That the Honorable City Council approve a General Service Provider Agreement with ROMTEC Utilities for the purchase, manufacturing, and delivery of the sewer lift station for the Wellness Center in an amount not to exceed $292,277.88.

Fiscal Impact:

This action will result in a fiscal impact of $292,277.88. An additional appropriation is not required. This purchase is being funded by Permanent Local Housing Allocation (Year 2) funds. There are sufficient funds available in the 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 Available
2704020-52300-20493 Permanent Local Housing Allocation
(Year 2) $983,520.00
Background:

On March 15, 2022, City Council approved a construction contract for the Wellness Center Phase 1. Construction for Phase 1 started on April 1, 2022. A lift station is needed because the site is too flat to utilize sewer pipes that flow by gravity out to the City sewer system. The lift station is basically a manhole that receives the sewer flows from the site with motors and pumps which pump the sewer flows out into a force main connected to the City’s sewer system.
2 7
3 5
Discussion:

To meet the schedule and needs for this project, Engineering staff plans to use the same manufactured lift station design that has worked well at another location in the City for several years. Engineering staff has been working with ROMTEC Utilities over the past several months to finalize the design of the lift station. The preliminary design has been reviewed by the Engineering Division to ensure the requirements of this project will be satisfied. Staff plans to use this vendor as a sole source because this lift station is consistent with the other lift station which has been in use. A sole source justification form has been attached. Another advantage of using this vendor is meeting the project schedule. The manufacturing of the lift station will take an estimated 12 weeks which will satisfy the schedule. ROMTEC Utilities submitted a price proposal (including manufacturing, delivery, and taxes) which has been reviewed by Engineering staff. The price proposal is reasonable for what will be provided.

Staff recommends that the Honorable City Council approve a General Service Provider Agreement with ROMTEC Utilities for the purchase, manufacturing, and delivery of the sewer lift station for the Wellness Center in an amount not to exceed $292,277.88.

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

Attachments: A. Agreement
B. Sole Source Justification

ATTACHMENT A
1 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
ROMTEC UTILITIES, INC.

FOR

FURNISH AND DELIVER VICTORVILLE WELLNESS CENTER
WASTEWATER LIFT STATION, PROJECT NO. ESC23-031
T
HIS 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 the “City ”, an d Romtec Utilities, Inc., a State of Oregon corporation, 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.”
RE
CITALS:

W
HEREAS, the City requires the manufacture a Wastewater Lift Station to be furnished and delivered in support of the Victorville Wellness Center; and W
HEREAS, such Lift Station are to be installed on the Project Site( the “Site”) by an Independent General Contractor engaged by the City: and W
HEREAS, Service Provider is regularly engaged in the business of the off -site manufacture and fabrication of such Lift Stations, and by virtue of its experience is qualified to provide the manufactured Lift Stations required by the City; and W
HEREAS, 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, the manufacture a Wastewater Lift Station to be furnished and delivered in support of the Victorville Wellness Center; and
NO

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

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

Section 2. SCOPE OF SERVICES
S
ervice 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.
2 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

Section 3. COMPENSATION

The City shall pay a total amount not to exceed Two Hundred Ninety -two Thousand Two Hundred Seventy-seven and 88/100 DOLLARS ($292,277.88) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.

Section 4. FEE SCHEDULE

The City shall pay Service Provider as provided in the Fee Schedule, 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. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an initial term of commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on twelve (12) weeks from the Commencement Date (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month -to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS

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. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

SERVICE PROVIDER

a. Service Provider represents and acknowledges the following:

(1) The City 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.

(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.

3 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by 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 City. b. The City 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 City 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) Nothing 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) 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 City 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 City -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 cr eate a conflict of interest.

Section 9. NOT AGENT OF THE CITY

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

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

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.

4 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

Section 11. WARRANTY

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. FAMILIARITY WITH WORK

Should Service 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 Brian Gengler, City Engineer, or his designee.

Section 13. CONFLICTS 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 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 Provider 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

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. COMMERCIAL 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, l oss, or 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.

5 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

Section 16. WORKERS' 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 an y 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 City.

Section 17. RESERVED

Section 18. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation 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. WAIVER 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. PROOF 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.

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

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

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

6 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

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. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment p rovisions 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. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

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 attorneys 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.

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 request by Brian Gengler, City Engineer, 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.

7 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

Section 25. RECORDS

a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Brian Gengler, City Engineer, 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. Brian Gengler, City Engineer, 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 Brian Gengler, City Engineer, 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 all 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 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 Brian Gengler, City Engineer , 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 City, except with the prior written approval of Brian Gengler, City Engineer, or his designee, or as required by applicable law.

Section 28. PRINCIPAL REPRESENTATIVES

a. Dayna Lewis, Corporate Controller , is designated as the 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. Brian Gengler, City Engineer, 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. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

8 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

Section 29. MODIFICATIONS 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 City 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. AMBIGUITIES

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

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

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

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 City: Brian Gengler, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

9 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

To Provider: Dayna Lewis, Corporate Controller
Romtec Utilities, Inc.
18240 North Bank Rd.

Roseburg, OR 97470

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

Section 33. NON-LIABILITY OF CITY OFFICERS

AND EMPLOYEES

No officer or employee of the City shall be personally liable to 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 Party hereto has had its attorney (s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney (s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER

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

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

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

Section 36. ASSIGNMENT

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

Section 37. CARE OF WORK

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

10 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

Section 38. CAPTIONS AND HEADINGS

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

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 40. GENDER

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

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 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. DEFAULT

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

b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, t he 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.

11 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

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

Section 44. CUMULATIVE REMEDIES

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

Section 45. VENUE

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

Section 47. EFFECTIVENESS OF AGREEMENT

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

Section 48. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

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

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

Section 49. COUNTERPARTS

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

(END OF THIS PAGE)

12 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

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

THE CITY OF VICTORVILLE ROMTEC UTILIES, INC.

By: ______________________________ By: _____________________________ Debra Jones, Dayna Lewis,
Mayor Corporate Controller

Dated: ___________________________ Dated: __________________________

ATTEST

By:_______________________________
Jennifer Thompson,
City Clerk

Dated:_____________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM:

By: ______________________________ By: _____________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Dated: ___________________________ Dated: _________________________

13 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

EXHIBIT A

SCOPE OF SERVICES

See Attachment

Project: Victorville Wellness Center Wastewater
Lift Station
Customer: City of Victorville
Location: Victorville, California
Date: July 29, 2022
Preliminary Scope of Products and
Services – Lift Station
Part 1: Overview

1.1 Project Overview
Romtec Utilities is a design, engineering, and manufacturing firm that specializes in site-specific package pumping systems. For this project, Romtec Utilities is proposing to design and supply a complete packaged wastewater lift station for the Victorville Wellness Center project. Romtec Utilities based this preliminary scope of work on information, design criteria, and plans provided by KWC Engineers and the City of Victorville as of 7/18/2022.

Thi
s is a complete, packaged wastewater lift station intended to serve Victorville Wellness Center for the purpose of pumping wastewater to the existing gravity system. This a publicly funded project with the intent of the lift station to be owned and maintained by the City of Victorville. Romtec Utilities shall be solely responsible for the design, supply, performance, and warranty of all package pump station components provided by Romtec Utilities.

1.2 Operational Overview
Romtec Utilities has based the preliminary design of the Victorville Wellness Center wastewater lift station on a standard alternating duplex configuration with a pressure transducer as the primary level sensing device, and two (2) floats as backup/alarm level sensors. In this configuration, the pumps will alternate operation after every pumping cycle to allow for approximately equal wear on the pumps.

The
pump cycles are based on 10 station starts per hour (5 starts per pump per hour). This is based on the peak pumping rate of 150 GPM.

All
primary level settings and alarms are designed to be below the lift station invert-in elevation.

1.3 Key Notes
The preliminary design is intended match as closely as possible the given design criteria and standards. However, please note the following important clarifications regarding the proposed design. • Project Schedule – From recent conversations with the City of Victorville, Romtec Utilities understands that the current goal is to complete construction by the end of 2022. This is a short turnaround time based on current component lead times and market volatility. As such, Romtec Utilities proposes the following schedule in order to do our best to meet the goal of lift station installation complete by the end of 2022.

1.) Approval of 30% Design and receipt of signed Romtec Utilities Proposal no later than 08/05/22.

Note: Romtec Utilities understands that it may take more time to work through the contractual aspects of the Proposal, as such we will continue with designs in good faith if for some reason the Romtec Utilities Proposal is not able to be returned by 08/05/22. Approval of the 30% Design is the priority to keep things moving forward.

2.) If the 30% Design is approved by 08/05/22, Romtec Utilities will provide the 90% Scope of Supply and Design Submittal by 08/19/22.

3.) Romtec Utilities will then need to be released for production by 08/31/22 Special Note: Component availability and lead times are highly unpredictable in the current market. While Romtec Utilities will do everything in our power to help meet the goal of lift station installation completion by the end of 2022, we cannot guarantee this will be the case.

The above proposed milestones give us the best chance of meeting this goal. Romtec Utilities will have a better idea of actual lead times once we are released for production. • Discharge Piping – Due to the availability and lead times on ductile iron piping and in order to meet the goal for construction by the end of 2022, Romtec Utilities is proposing fusion bonded epoxy coated (FBEC) steel discharge piping in the preliminary design rather than the previously proposed ductile iron • Hatches – Romtec has included H-20 Occasional traffic rated hatches for the preliminary design of the wet well and valve vault. In previous proposals Romtec Utilities included H-20 Full traffic rated hatches in the preliminary design as the lift station location at that time was in a road. As that is no longer the lift station location, H-20 Occasional traffic rated hatches have now been included in the preliminary system design. • Pumps – Romtec Utilities has included the use of submersible chopper pumps in the preliminary design of the system.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC23-031
14/General Services Provider Standard Agreement, Project ESC23-031 • Alarm Notification in Power Outages – Romtec Utilities has included a Pumpwatch autodialer in the preliminary system design. The Pumpwatch autodialer is designed to allow for remote alarm notification during power outages. As such, Romtec Utilities has not included an uninterruptable power supply (UPS) for remote alarm notification in the preliminary system design. • Supply Power – Romtec Utilities has based the preliminary design on the use of 480V/three-phase supply power. Any changes to the supply power will change the system design and may result in a price increase. • Control Panel Location – The lift station control panel location needs to be established before Romtec Utilities can confirm that the pump cables and level sensor cables are long enough to reach the designated location. For this preliminary design, Romtec Utilities has assumed the control panel will be located within range of the 100’ submersible chopper pump cables or 75’ of the alternate submersible pump cables included in the proposal. If the control panel is located further away than the available pump and/or level sensor cables, a junction box will be required.

Note: This Preliminary Scope Letter will be superseded by the Scope of Supply and Design Submittal when Romtec Utilities is directed to proceed with its complete submittal package (upon receipt of a signed Purchase Order).

Part 2: Services

2.1 Plans and Submittals
A. Plans
Structural, mechanical, and electrical pump station plans designed as a complete packaged system i Structural and Mechanical
• W et well, valve vault, hatches.
• Wet well uplift calculations.
• pumps, valves, connections, mounting hardware, internal piping. ii Electrical
• Electrical Equipment including control panel, level sensing. iii Site Layout
• Romtec Utilities will provide a proposed equipment layout on the engineers site plan in CAD for inclusion in the engineer’s plan set for review and approval by the owner.

B. Submittals
Submittals will be provided in Romtec Utilities’ standard electronic format, and Romtec Utilities has included up to four (4) design revisions. Submittals include plans, component data sheets, and supplemental information.

Note: Romtec Utilities will provide a recommended spare parts list at the time of final design approval.

C. O&M Manual
Romtec Utilities will provide the Operation & Maintenance manual and for-construction drawings after the final design is approved. O&M manual will include all submittal documentation along with parts lists, maintenance manuals, and electrical schematics.

Note: O&M manuals are final and not available for review/comment except at Romtec Utilities’ discretion.

2.2 Prefabrication
A. Romtec Utilities will fully prefabricate/preassemble the pump station to the extent possible for shipping.

B. For more info about prefabrication, please click here for structures and here for valve assemblies.

2.3 Delivery
A. The pump station will be delivered on standard flat-bed trucks to be offloaded by the customer or contractor.

B. Please click here for more info about delivery.

2.4 Install Advisor
A. An Installation Advisor will be present onsite for one (1) day at the time of underground installation to oversee the delivery of components and provide advisory services for installation of the wet well.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC23-031
15/General Services Provider Standard Agreement, Project ESC23-031 B. The Installation Advisor will complete an Install Report to confirm basic install info.

C. Please click here for more info about the install advisor.

2.5 Start-up/Testing and Owner Training
A. System start-up is performed by the installing contractor under the supervision of the Romtec Utilities Start-up Technician.

B. The Start-up Technician will provide two (2) days of on-site field service.

C. During start-up, Romtec Utilities will prove the performance of the system based on the final approved Submittal(s) and will provide training to the owner’s designated personnel.

D. The Start-up Technician will complete a Field Start-up Report with a copy for the customer and/or owner.

E. Please click here for more info about start-up services.

2.6 Control Configuration and Programming
A. This system includes a Romtec Utilities Tier 1B system control, which includes a proprietary Romtec PC3000XC as the pump control unit. This control system will be configured by Romtec Utilities and does not require or allow for any custom software or programming. This control system will accommodate primary and secondary level sensors and a variety of potential signal outputs to an optional cellular autodialer. Adjustment of the system operation can be performed via the interface on the PC3000XC unit at the control panel.

B. See Part 3 below for more control system product details.

2.7 Electrical Support and Consulting
A. Romtec Utilities provides support for the installing electrician over the phone prior to and during installation.

2.8 Warranty
A. Please click here to review the Romtec Utilities warranty terms online.

Part 3: Equipment Supply
Estimated Pick Weights
A. Wet Well Base – 18,000 lbs.

B. Valve Vault base – 7,500 lbs.

C. Wet Well barrels – 10,000 lbs.

D. Wet Well Top Slab – 5,500 lbs.

E. Valve Vault Top Slab – 3,000 lbs.

Precast Concrete Wet Well and Mechanical Equipment
A. Precast 6’ diameter wet well and top slab with access hatch, mushroom cap side vent, and protective coating for concrete exterior
B. H-20 occasional traffic rated.

C. All barrels will include alignment brackets and joint sealant, and all pre-drilled cores/penetrations will include pipe boots.

D. Drop bowl for influent deflection
E. Carbon vent filter for odor control
F. 4” ductile iron discharge piping in the wet well
G. The wet well depth will be 16.73’ from the rim to the floor.

Precast Concrete Valve Vault Assembly
A. Valve vault is roughly 4’ x 6.5’ x 6’ and includes access hatch, safety grate, and top slab.

B. H-20 occasional traffic rated.

C. Pipe supports and stands; plug valves; check valves; couplings, elbows, and tees; pressure gauges; diaphragm seals.

D. Floor drain and piping with drainback valve for connection back to wet well E. Ladder
F. 4” ductile iron in the valve vault.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC23-031
16/General Services Provider Standard Agreement, Project ESC23-031 Submersible C hopper Pumps
A. Two (2) Vaughn SE3L, 5 HP explosion proof, submersible chopper pumps with 4” by 4” cast iron discharge elbows, guide rails, brackets, and lifting slings
B. The pumps have been quoted with 100’ cables
Submersible Pumps (Al ternate)
C. Two (2) Ebara DVBFU63.7, 5 HP explosion proof, submersible pumps with 4” by 4” cast iron discharge elbows, guide rails, brackets, and lifting slings
D. The pumps have been quoted with 75’ cables
Level S ensors
A. Primary: Pressure transducer
B. Secondary: Two (2) floats
Lift Station Control Panel
A. UL listed for the USA
B. NEMA 4 painted steel enclosure with an interior “dead” front panel with Hand-off-auto (H.O.A.) switches, color HMI, alarm beacon and audible alarm.

C. Primary pump control: Romtec PC3000XC configured for duplex operation.

D. Generator receptacle
E. Manual transfer switch
F. The control panel and pump station are configured for 480V/three-phase supply power.

Communications
A. Cellular autodialer for remote alarm notification.

B. The autodialer will be integrated into the control panel.

C. Final configuration of the autodialer is by the owner.

D. A Verizon 4G LTE service agreement is required to use the autodialer. This agreement is not included in the Romtec Utilities proposal. Cellular service provider agreement is by the owner.

E. Romtec Utilities is not responsible for ensuring cellular service at the project site. Any required cellular service site surveys, external antennas, antenna cables, and/or antenna mounting are by others.

Part 4: Exceptions/Exclusions

4.1 Romtec Utilities General Exception/Exclusions
Any
items not explicitly included in Romtec Utilities scope should be considered excluded unless and until clarification is provided.

Services Exceptions/Exclusions
A. Romtec Utilities is not responsible for determining the methods and equipment used in site preparation or installation.

B. Final field trimming of piping, guide rails, and similar items is by the installer.

C. If applicable, final placement of supplied floor drains, piping, and drainback valves is by the installer.

D. Coring for conduits, and final mounting of electrical items are by the installer.

E. Romtec Utilities is not responsible for any required permits, local code compliance, or any related documentation or requirements unless otherwise noted in the preliminary scope letter or the Romtec Utilities Scope of Supply and Design Submittal.

F. Romtec Utilities does not guarantee the performance of any aspect of the overall system that is not supplied by Romtec Utilities.

G. Romtec Utilities makes no representation as to how long it will take to prepare the site, install the system, connect the system to other equipment not supplied by Romtec Utilities, or to start-up and complete the system.

H. If a geotechnical report is not provided for the lift station location, then Romtec Utilities makes no guarantees of the lift station structural design.

I. Romtec Utilities is not a subcontractor and does not perform any installation or construction tasks at the project site.

Any Romtec Utilities staff at the project site are there strictly to observe and advise.

J. Unless notified by the customer, Romtec Utilities sources materials made around the world. “Buy America” requirements must be communicated to Romtec Utilities prior to signing a purchase order or a change order will be EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC23-031
17/General Services Provider Standard Agreement, Project ESC23-031 issued.

K. Romtec Utilities is not responsible for onsite structural or leak testing.

L. Romtec Utilities is not responsible for providing site drainage plans (above or below grade). Adequate drainage is required for performance and stability of underground structures, especially in areas of high ground water. Inadequate site drainage may result in issues not covered by the Romtec Utilities warranty.

M. Romtec Utilities is not responsible for ensuring communication signal/service at the project site. Any required comms/signal site surveys, supplemental antennas, antenna cables, and/or antenna mounting are by others.

N. Romtec Utilities is not responsible for integrating any SCADA equipment with the owner’s existing system.

O. All steel fabrication work is performed by qualified fabricators in conformance with engineered drawings. Romtec Utilities does not offer third party certification or inspection of steel fabrication work.

P. To ensure timely delivery of the pump system amid ongoing and industry-wide disruptions to shipping, parts/materials availability, and lead times, Romtec Utilities reserves the right make equivalent or better substitutions at any time for any components that are not specifically required to match an exact brand/model.

Note: Romtec Utilities keeps only limited quantities of parts on hand and does not keep all recommended spare part in stock. Because of the ongoing industry-wide disruptions to shipping and extended lead times, Romtec Utilities encourages owners to stock all recommended spare parts.

Equipment Exceptions/Exclusions
A. Conduits and site wiring (including site convenience outlets and extension plugs) are by the installer.

B. If required, supply and installation of thrust blocks around supplied retainer glands is by the installer.

C. If required, all cast-in-place concrete is by the installer (e.g., generator slab, odor control slab, control panel mounting slab, etc.).

D. Actual concrete dimensions will be within +/- 0.5” of the approved production drawing for major dimensions (height, length, width, core locations, wall thickness, etc.). Romtec Utilities is not responsible for any costs associated with field adjustments or engineered plan revisions based on slight changes to concrete dimensions in the field.

E. All access hatches require 50lbs or less of force to open per OSHA requirements unless the hatch is labeled as “two- person lift”.

F. If required, generator metal heat exhaust shroud, exhaust piping, and any required supplemental tank vent piping is by the installer.

G. Romtec Utilities is not responsible for any of the following:

1. Installation of supplied goods.

2. Unloading delivery vehicles and securing/protecting delivered goods.

3. Any fasteners not included with the pre-assembled systems.

4. Generator fuel of any kind.

5. Traffic control, site safety, dunnage, fencing, signage, bollards, excavation, shoring, dewatering, sub-base rock, backfill material, crushed rock, asphalt paving

6. Piping to and from pump station.

7. Site electrical service/meter equipment.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC23-031
18/General Services Provider Standard Agreement, Project ESC23-031 19 General Services Provider Standard Agreement/Romtec Utilities, Inc., Project No. ESC23-031

EXHIBIT A
F

EE SCHEDULE
S
ee Attachment